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NHVR court outcome, unnamedConvicted

Individual · no NHVR reference: fined $14,000, fatigue, 7 August 2020

Party

Party
Individual · no NHVR reference. The NHVR publishes court outcomes without the defendant's name.
Type
Individual
Role
Driver

The proceeding

Decision
Convicted
Court
Wynnum Magistrates Court (Local or Magistrates)
Jurisdiction
Queensland
Hearing date
7 August 2020
Law
Heavy Vehicle National Law
Provisions
s 254(1)(a), s 254(1)(b), s 702
Offence
Fatigue
Charges
10

Facts

In November 2018 the defendant was employed to drive a B-double from Brisbane to Wagga Wagga to collect canola oil and return to the Port of Brisbane with the consignment. The defendant held Basic Fatigue Management accreditation and was authorised to drive for 14 hours a day, yet still had to have 7 continuous hours of rest. The driver falsified his work diary (s702(1)) to attempt to cover the fact that he was completing up to 20 hours of work in a single 24-hour period. In one instance he had as little as 1 ¾ hours of continuous rest. The company the driver was employed by was also successfully prosecuted under the HVNL Primary Duty legislation. Penalty: Fine: $14,000 plus court costs; One fine for all offences

As reported by NHVR.

Penalty

Fine
$14,000

Fines under s 254(1)(a) on the register: $1,500 to $45,000, median $6,000 across 17 matters. Fines under s 254(1)(b) on the register: $1,500 to $45,000, median $6,000 across 17 matters. Fines under s 702 on the register: $4,800 to $14,000, median $9,000 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
Individual · name withheld Supervisory order breach QLD Convicted, fined $60,000 Date not stated View the record of Individual, Date not stated
Individual · name withheld Executive due diligence QLD Enforceable undertaking accepted; enforceable undertaking Date not stated View the record of Individual, Date not stated
Individual · name withheld Executive due diligence QLD Enforceable undertaking accepted; enforceable undertaking Date not stated View the record of Individual, Date not stated

Sources

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Register entry ea-5bddb8ac51d1, as at 14 October 2026. How the register is built.