← The register · Fatigue

NHVR court outcome, unnamedConvicted

Individual AS 5977, 6452, 5841: fined $7,000, fatigue, 23 February 2024

Party

Party
Individual AS 5977, 6452, 5841. The NHVR publishes court outcomes without the defendant's name.
Type
Individual
Role
Role not stated
Reference
AS 5977, 6452, 5841

The proceeding

Decision
Convicted
Court
Ringwood Magistrates Court (Local or Magistrates)
Jurisdiction
Victoria
Hearing date
23 February 2024
Law
Heavy Vehicle National Law
Provisions
s 325(1), s 250(1)(a), s 297(1), s 30, Road Safety Act
Offence
Fatigue
Charges
32

Facts

The defendant was intercepted by Victorian SCOs on two occasions in November 2022 and May 2023. During the November 2022 intercept, the defendant was found to have been driving while their licence was cancelled. They were advised that they would be prosecuted in relation to this offence. The SCOs conducted further investigations into the work activity undertaken by the defendant by reference to their work diary and identified persistent offending in the year preceding the intercept. The same SCO intercepted the defendant again in May 2023. The defendant’s licence was still cancelled. A significant brief was referred to the prosecution unit and the following charges were laid: 17 x s 325(1) HVNL – make false or misleading entry in work diary. 13 x s 297(1) HVNL – fail to record information in work diary immediately after starting work. 2 x s 30 Road Safety Act – drive while licence cancelled. Prosecution and defence counsel agreed to resolve the matter by rolling up 16 of the 17 false or misleading charges and all 13 of the failure to record information charges. This resulted in the matter being able to be resolved on a global basis while the magistrate could still take into account the ongoing and serious nature of the offences. The magistrate accepted the defendant’s early guilty plea, noting that the maximum penalty for their offending was extremely high. The magistrate reminded the defendant that their offending could have resulted in catastrophic consequences.

As reported by NHVR.

Penalty

Fine
$7,000

Fines under s 325(1) on the register: $300 to $45,000, median $6,275 across 44 matters. Fines under s 250(1)(a) on the register: $0 to $45,000, median $4,800 across 103 matters. Fines under s 297(1) on the register: $3,500 to $45,000, median $9,865 across 4 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

DefendantOffenceJurisdictionDecisionDateRecord
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
Karl O’Sullivan Other NSW Convicted, fined $7,500 1 May 2024 View the record of Karl O’Sullivan, 1 May 2024
Georgia Campbell Other NSW Convicted, fined $5,000; other order 19 February 2025 View the record of Georgia Campbell, 19 February 2025
Capital Lines and Signs Pty Ltd Primary duty NSW Convicted, fined $38,000 11 November 2024 View the record of Capital Lines and Signs Pty Ltd, 11 November 2024

Sources

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Register entry ea-4b84f690b70e, as at 14 October 2026. How the register is built.