Defendant AS 4796: supervisory intervention order, fatigue, 25 November 2022

Party

Party

Defendant AS 4796. The NHVR publishes court outcomes without the defendant's name.

Role

Role not stated

Reference

AS 4796

The proceeding

Decision

Supervisory intervention order

Court

Goulburn Local Court (Local or Magistrates)

Jurisdiction

New South Wales

Hearing date

25 November 2022

Law

Heavy Vehicle National Law

Provisions

s 250(1)(a), s 250(1)(b)

Offence

Fatigue

Charges

2

Facts

The accused was charged with 1 count of working more than standard hours (critical risk breach) and 1 count of resting less than minimum hours (critical risk breach). In the 24-hour period between 13:30 on 13 June 2022 and 13:30 on 14 June 2022, the accused recorded that they worked a total of 19 hours and 15 minutes, and rested for a continuous period of 2 hours and 45 minutes. The accused had no prior heavy vehicle record. A plea of guilty was entered with explanation. It was their first trip. The accused was told, incorrectly, that they could drive a prime mover without a trailer and not have to have the 7 hours rest. The accused had not driven a heavy vehicle since the offence. They asked the prosecution if there was some training that they could undertake. The prosecutor applied for a Supervisory Intervention Order (SIO). The defendant was found guilty with no conviction recorded, and placed under a Conditional Release Order (CRO) for 9 months. SIO made requiring training and purchase and use of an Electronic Work Diary (EWD).

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

Orders

• Supervisory intervention order

Prior history

The source states no prior history.

Comparable actions

Sources

• NHVR: Court outcomes (read 14 October 2026)