Individual AS 26299: fined $45,000, fatigue, 6 September 2024
Party
- Party
- Individual AS 26299. The NHVR publishes court outcomes without the defendant's name.
- Type
- Individual
- Role
- Role not stated
- Reference
- AS 26299
The proceeding
- Decision
- Convicted
- Court
- Gosford Local Court (Local or Magistrates)
- Jurisdiction
- New South Wales
- Hearing date
- 6 September 2024
- Law
- Heavy Vehicle National Law
- Provisions
- s 329, s 325(1), s 254(1)(a), s 250(1)(a)
- Offence
- Fatigue
- Charges
- 32
Facts
The defendant was gainfully employed as a professional truck driver. On 2 November 2023 New South Wales Police conducted a heavy vehicle compliance operation at the Marulan Heavy Vehicle Inspection Station when the defendant was intercepted driving a prime mover towing a fuel tanker semitrailer. The defendant produced their National Heavy Vehicle Work Diary and Police identified a number of breaches of the Heavy Vehicle National Law. Police subsequently issued a Notice to Produce to the defendant’s employer, for the MT Speed Data for the vehicle and further offences were identified. On sentence the defendant failed to appear, and the matter proceeded via section 196 Criminal Procedure Act (NSW) 1986.
As reported by NHVR.
Penalty
- Fine
- $45,000
Fines under s 325(1) on the register: $300 to $45,000, median $6,275 across 44 matters. Fines under s 254(1)(a) on the register: $1,500 to $45,000, median $6,000 across 17 matters. Fines under s 250(1)(a) on the register: $0 to $45,000, median $4,800 across 103 matters.
Educational point
Drivers and companies should consider implementing Electronic Work Diaries. Ensure the instructions in the front of National Driver Work Diary have been read and are understood. Ensure that drivers complete relevant training in fatigue management and that regular refresher courses are completed. Drivers should ensure familiarity with time counting requirements under the HVNL, in line with instructional videos contained on the NHVR website. Drivers should prepare ahead a driving schedule including suggested break times and locations to ensure compliance with work and rest break requirements.
As reported by NHVR.
What the record would have shown
Each driver's work and rest hours set against the work diary before the run, with who checked and when. How the record works →
Comparable actions
| Defendant | Offence | Jurisdiction | Decision | Date | Record |
|---|---|---|---|---|---|
| Punjab Roadtrains Pty Ltd | Fatigue | VIC | Prohibition notice; prohibition order | Date not stated | View the record of Punjab Roadtrains Pty Ltd, Date not stated |
| Southern Cross Freight Lines Pty Ltd | Fatigue | Not stated | Prohibition notice; prohibition order | Date not stated | View the record of Southern Cross Freight Lines Pty Ltd, Date not stated |
| Profect Construction Pty Ltd | Primary duty | NSW | Convicted, fined $45,000 | 4 November 2025 | View the record of Profect Construction Pty Ltd, 4 November 2025 |
| Capital Lines and Signs Pty Ltd | Primary duty | NSW | Convicted, fined $38,000 | 11 November 2024 | View the record of Capital Lines and Signs Pty Ltd, 11 November 2024 |
| Crawfords Freightlines Pty Ltd | Primary duty | NSW | Convicted, fined $90,000 | 27 August 2021 | View the record of Crawfords Freightlines Pty Ltd, 27 August 2021 |
Sources
- NHVR: Court outcomes (read 14 October 2026)
Something here wrong? Report an error and name the source that shows it.
Register entry ea-220b7668a4af, as at 14 October 2026. How the register is built.