Individual AS 62228: fined $2,000, fatigue, 20 October 2025

Party

Party

Individual AS 62228. The NHVR publishes court outcomes without the defendant's name.

Type

Individual

Role

Role not stated

Reference

AS 62228

The proceeding

Decision

Convicted

Court

Parramatta Local Court (Local or Magistrates)

Jurisdiction

New South Wales

Hearing date

20 October 2025

Law

Heavy Vehicle National Law

Provisions

s 569(2)

Offence

Fatigue

Facts

A heavy vehicle was detected in New South Wales travelling between Safe-T-Cam sites in less than the allowable travel time. Three Notices to Produce were sent to the registered operator of the vehicle to produce documents which were required to be kept under the Heavy Vehicle National Law (HVNL) which would identify the driver of the heavy vehicle, together with copies of the work diary records for the nominated driver. The registered operator failed to produce the required documents to the NHVR. The registered operator had 14 prior convictions in New South Wales between 2022 and 2025, all of which had been determined ex parte with fines of up to $5,500. The vehicle which was the subject of the documents required to be produced had been involved in five prior convictions. The registered operator was charged with failing to produce documents for inspection and was served with a Court Attendance Notice to appear in the Parramatta Local Court on 20 October 2025. The defendant was also served with draft orders pursuant to section 596A and 598 of the Heavy Vehicle National Law (NSW) which included an Injunction Order to cease any further contravention and to produce the required documents to the NHVR within 14 days, an Order for deregistration of the vehicle and an Order disqualifying the defendant from applying for registration of the vehicle for a period of 12 months. On 20 October 2025 the defendant failed to appear in the Parramatta Local Court and the court being satisfied that the defendant had been duly served, proceeded to determine the matter ex parte and made the orders which were sought by the NHVR.

As reported by NHVR.

Penalty

Fine

$2,000

Fines under s 569(2) on the register: $2,000 to $80,000, median $16,000 across 15 matters.

Orders

• Disqualification, 12 months

Prior history

The source states a prior history.

Educational point

s 315 of the HVNL extends liability to the registered operator of a heavy vehicle to ensure record keeping compliance. Registered operators must ensure the record keeper records information as set out in subdivisions 1, 2, 3 and 4 of Division 3 Part 6.4. Registered operators must promptly comply with requests made by the Regulator for the production of documents required to be kept under the Heavy Vehicle National Law. Registered operators should follow up with the Regulator after receiving a request for production of documents, to ensure that the documents are in fact received by the Regulator.

As reported by NHVR.

Comparable actions

Sources

• NHVR: Court outcomes (read 14 October 2026)