Individual AS 64392: fined $10,000, fatigue, 9 February 2026

Party

Party

Individual AS 64392. The NHVR publishes court outcomes without the defendant's name.

Type

Individual

Role

Role not stated

Reference

AS 64392

The proceeding

Decision

Convicted

Court

Parramatta Local Court (Local or Magistrates)

Jurisdiction

New South Wales

Hearing date

9 February 2026

Law

Heavy Vehicle National Law

Provisions

s 250(1)(a)

Offence

Fatigue

Facts

A driver of a fatigue-regulated heavy vehicle was detected by Safe-T-Cam travelling between two monitoring sites within a period less than the allowable travel time. Following the issuing of regulatory Notices, work diary records were produced and reviewed. The records showed the driver was operating as a solo driver under standard hours and identified that the driver worked 16 hours within a 24-hour period, exceeding the maximum allowable 12 hours prescribed under the Heavy Vehicle (Fatigue Management) National Regulation. This conduct constituted a breach of section 249 of the Heavy Vehicle National Law (NSW). The work diary entries were signed by the driver as true and correct. The excess of 4 hours work time was assessed as a critical risk fatigue breach. In sentencing, the Court found the offence to be objectively serious, noting the defendant worked 16 hours. The Court determined that specific deterrence was required and that the purposes of sentencing warranted the recording of a conviction.

As reported by NHVR.

Penalty

Fine

$10,000

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

Educational point

Consider implementing Electronic Work Diaries 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. Ensure drivers are familiar with time counting requirements under the HVNL, in line with instructional videos contained on the NHVR website. Prepare and provide driver schedules which include suggested break times and locations to ensure compliance with work and rest break requirements. Ensure that drivers notify their supervisor of any infringement of road rules and enforcement action taken against them. 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. Regularly check and verify drivers are fit to drive and not affected by drugs or alcohol.

As reported by NHVR.

Comparable actions

Sources

• NHVR: Court outcomes (read 14 October 2026)