Company · no NHVR reference: convicted, fatigue, 9 December 2022
Party
- Party
- Company · no NHVR reference. The NHVR publishes court outcomes without the defendant's name.
- Type
- Company
- Role
- Role not stated
The proceeding
- Decision
- Convicted
- Court
- Goulburn Local Court (Local or Magistrates)
- Jurisdiction
- New South Wales
- Hearing date
- 9 December 2022
- Law
- Heavy Vehicle National Law
- Provisions
- s 250(1)(a), critical, s 250(1)(b), Other orders, Supervisory Intervention Order (SIO) for 6-months to undertake training for the , implementation of compliance mechanisms., Correctional Release Order (CRO), 6 months.
- Offence
- Fatigue
- Charges
- 1
Facts
The accused was charged with 1 count permitting a heavy vehicle not to comply with the dimension requirements, resulting in a severe risk breach. On 12 September 2022, a heavy vehicle registered to the accused was inspected and found to be over-length. Dimension requirements required vehicle length to not exceed 26 meters. The length measured to be 26.97 meters, resulting in the vehicle being 0.97m over length. The accused was represented and submissions were made that a Supervisory Intervention Order (SIO) was not suitable because the accused’s record did not indicate they were, or would likely, become persistent offenders. The accused had two prior penalty infringement notices. The defence submitted that the steps the Company had since taken were enough to mitigate their offending (purchasing trailers rather than leasing). Submissions were made that the company had the benefit of PINs in the past and hadn’t rectified their conduct. Further submissions that the purpose of an SIO was to increase understanding, education and compliance and that due to the company being before the Court and the comments made in the interview, it was a suitable matter for an SIO. SIO made requiring training and equipment to improve compliance.
As reported by NHVR.
Penalty
- Fine
- Not stated
Fines under s 250(1)(a) on the register: $0 to $45,000, median $4,800 across 103 matters. Fines under critical on the register: $4,800 to $6,832, median $6,490 across 3 matters. Fines under s 250(1)(b) on the register: $0 to $45,000, median $4,800 across 103 matters.
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 |
| Kellogg (Aust) Pty Ltd | Primary duty | NSW | Convicted, fined $510,000 | 19 September 2025 | View the record of Kellogg (Aust) Pty Ltd, 19 September 2025 |
| Georgia Campbell | Other | NSW | Convicted, fined $5,000; other order | 19 February 2025 | View the record of Georgia Campbell, 19 February 2025 |
Sources
- NHVR: Court outcomes (read 14 October 2026)
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Register entry ea-23996aec5332, as at 14 October 2026. How the register is built.