Individual AS 5098: fined $2,000, false or misleading records, 8 December 2022

Party

Party

Individual AS 5098. The NHVR publishes court outcomes without the defendant's name.

Type

Individual

Role

Role not stated

Reference

AS 5098

The proceeding

Decision

Convicted

Court

Parkes Local Court (Local or Magistrates)

Jurisdiction

New South Wales

Hearing date

8 December 2022

Law

Heavy Vehicle National Law

Provisions

s 325(1)

Offence

False or misleading records

Charges

1

Facts

The accused was charged with 1 count of make false or misleading entry in work record. The accused was working during a period he recorded in his work diary as rest. The STC in Albury detected the heavy vehicle at the time the accused recorded as rest. The defendant was legally represented and entered a plea of guilty. The legal representative made submissions to the effect that it was a genuine mistake, the defendant had done training since and was working closely with their employer to rectify their mistakes. The legal representative made submissions that if a Supervisory Intervention Order (SIO) was to be imposed requiring the defendant to purchase an Electronic Work Diary (EWD), that their employer would cease their employment. As such, the Regulator did not oppose the SIO being amended to remove the SIOs requirement for an EWD and instead just require the defendant's written work diary pages. His Honour convicted the defendant, ordered a $2,000 fine and imposed the SIO. His Honour made comments regarding the employer’s attitude toward an EWD and expressed his displeasure, and that there was a need for the company to progress with the times and make changes to an EWD.

As reported by NHVR.

Penalty

Fine

$2,000

Fines under s 325(1) on the register: $300 to $45,000, median $6,275 across 44 matters.

Orders

• Supervisory intervention order, 6 months

Comparable actions

Sources

• NHVR: Court outcomes (read 14 October 2026)