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NHVR court outcome, unnamedConvicted

Company · no NHVR reference: fined $2,000, primary duty, 3 November 2021

Party

Party
Company · no NHVR reference. The NHVR publishes court outcomes without the defendant's name.
Type
Company
Role
Role not stated

The proceeding

Decision
Convicted
Court
Launceston Magistrates Court (Local or Magistrates)
Jurisdiction
Tasmania
Hearing date
3 November 2021
Law
Heavy Vehicle National Law
Provisions
s 26(e)
Offence
Primary duty

Facts

The corporation was a transportation operator involved in carting of loads. A DAF prime mover was intercepted, which was a fatigue regulated heavy vehicle. The National Work Diary of an employed driver revealed that the driver was working more than the standard work hours. There was a total of three breaches identified. The breaches are categorised as follows between 24 November 2020 to 2 December 2020: 24 November – 25 November 2020. Substantial risk breach. Driving 13 hours in the relevant 24-hour period. 26 November – 27 November 2020. Minor risk breach. Driving 12 hours and 45 minutes in the relevant 24-hour period. 1 December – 2 December 2020. Critical risk breach. Driving 14 hours in the relevant 24 hour period. The Defendant was charged with a prohibited request under section 26E of the Heavy Vehicle National Law. The Defendant failed to ensure the employed driver did not commence driving tasks earlier. The Defendant did not make enquiries as to when the employed driver commenced driving or the number of hours worked on the respective dates. The Defendant allocated the employed driver tasks which had the effect of causing the employed driver to drive more than the permitted 12 hours in any 24 hour period, which resulted in the driver breaching their standard work rest hours option. The Defendant indirectly caused the employed driver to be in breach of their work rest hours option. The Defendant had no prior convictions.

As reported by NHVR.

Penalty

Fine
$2,000

Fines under s 26(e) on the register: $2,000 to $80,000, median $16,500 across 6 matters.

Orders

Prior history

The source states no prior history.

What the record would have shown

The risks in each transport activity, the control for each, and the dated evidence that the control was applied. How the record works →

Comparable actions

DefendantOffenceJurisdictionDecisionDateRecord
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
Profect Construction Pty Ltd Primary duty NSW Convicted, fined $45,000 4 November 2025 View the record of Profect Construction Pty Ltd, 4 November 2025
Crawfords Freightlines Pty Ltd Primary duty NSW Convicted, fined $90,000 27 August 2021 View the record of Crawfords Freightlines Pty Ltd, 27 August 2021
Universal Propping & Supports Pty Ltd Primary duty NSW Convicted, fined $150,000 1 September 2023 View the record of Universal Propping & Supports Pty Ltd, 1 September 2023
Miller Logistics Pty Ltd Primary duty NSW Convicted, fined $450,000 18 April 2024 View the record of Miller Logistics Pty Ltd, 18 April 2024

Sources

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Register entry ea-831c5a4f85b9, as at 14 October 2026. How the register is built.