Individual AS 3688: fined $6,490, fatigue, 3 February 2023

Party

Party

Individual AS 3688. The NHVR publishes court outcomes without the defendant's name.

Type

Individual

Role

Role not stated

Reference

AS 3688

The proceeding

Decision

Convicted

Court

Dandenong Magistrates Court (Local or Magistrates)

Jurisdiction

Victoria

Hearing date

3 February 2023

Law

Heavy Vehicle National Law

Provisions

s 250, minor, substantial, critical, s 301, failing to record information offences, s 322, failing to provide records to record keeper

Offence

Fatigue

Charges

14

Facts

On 20 October 2021, a heavy vehicle pulled into the Yarragon Weighbridge Westbound in Victoria and the driver was spoken to by the NHVR Authorised Officers. The driver’s NDWD was inspected by the Officer’s and offences were detected throughout that NDWD. The fatigue offending was detected between 12 August 2021 and 20 October 2021. The failure to record information offences were identified to have occurred between 6 October 2021 and 20 October 2021. 24 instances where the Defendant had failed to provide records to his record keeper (by removing the appropriate sheet from their NDWD and providing it to their employer) were identified between 19 September 2020 and 28 September 2021. These instances were rolled into one count. The Defendant indicated that they were not aware of a number of the rules and on other occasions things simply slipped their mind.

As reported by NHVR.

Penalty

Fine

$6,490

Fines under s 250 on the register: $0 to $45,000, median $4,800 across 103 matters. Fines under minor on the register: $6,490 to $6,832, median $6,661 across 2 matters. Fines under critical on the register: $4,800 to $6,832, median $6,490 across 3 matters. Fines under s 301 on the register: $6,490 to $6,832, median $6,832 across 3 matters. Fines under s 322 on the register: $6,490 to $12,730, median $9,354 across 3 matters.

Comparable actions

Sources

• NHVR: Court outcomes (read 14 October 2026)