Individual AS 62672: fined $5,000, fatigue, 29 October 2025

Party

Party

Individual AS 62672. The NHVR publishes court outcomes without the defendant's name.

Type

Individual

Role

Role not stated

Reference

AS 62672

The proceeding

Decision

Convicted

Court

Tweed Heads Local Court (Local or Magistrates)

Jurisdiction

New South Wales

Hearing date

29 October 2025

Law

Heavy Vehicle National Law

Provisions

s 250(1)(b)

Offence

Fatigue

Charges

1

Facts

On 1 July 2025, a Kenworth prime mover combination was directed into the Chinderah Heavy Vehicle Safety Station for a routine compliance check. An inspection of the driver’s work diary records identified a breach in the 7-day period ending 4am on 30 June 2025, when they had only 13 hours and 30 minutes of continuous stationary rest, when required to have a minimum of 24 hours of continuous stationary rest. At the time of intercept, they were working their ninth consecutive day without having had a 24-hour continuous stationary rest break. The driver was charged with a critical fatigue breach and appeared before the Tweed Heads Local Court on 29 October 2025. The driver had one prior conviction for a critical fatigue breach in October 2024 where they had been fined $3,000. The prosecution made submissions that this had not deterred the driver from reoffending and having regard to the circumstances of the current offending and their prior conviction, they were a systematic or persistent offender of the Heavy Vehicle National Law. The Regulator sought the court to make a 12-month Supervisory Intervention Order (SIO). The defendant admitted that they had made a mistake after being misinformed by other heavy vehicle drivers. This case highlights the importance of drivers understanding the work and rest requirements as set out in Part 4 Table 1 of their National Driver Work Diary.

As reported by NHVR.

Penalty

Fine

$5,000

Fines under s 250(1)(b) on the register: $0 to $45,000, median $4,800 across 103 matters.

Orders

• Supervisory intervention order, 12 months

Prior history

The source states a prior history.

Educational point

Consider implementing EWDs for all drivers of fatigue-regulated heavy vehicles. Ensure all drivers have read and understood the instructions in the front of their National Driver Work Diary. Ensure all drivers have completed relevant training in fatigue management and that regular refresher courses are completed. Prepare and provide driver schedules which include suggested break times and locations to ensure compliance with work and rest break requirements. Ensure that duplicate copies of National Driver Work Diary pages are supplied to the relevant record keeper and are routinely audited for accuracy and compliance.

As reported by NHVR.

Comparable actions

Sources

• NHVR: Court outcomes (read 14 October 2026)