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NHVR court outcome, unnamedConvicted

Individual AS 5882: fined $3,000, fatigue, 21 March 2023

Party

Party
Individual AS 5882. The NHVR publishes court outcomes without the defendant's name.
Type
Individual
Role
Role not stated
Reference
AS 5882

The proceeding

Decision
Convicted
Court
Forbes Local Court (Local or Magistrates)
Jurisdiction
New South Wales
Hearing date
21 March 2023
Law
Heavy Vehicle National Law
Provisions
s 250(1)(a)
Offence
Fatigue

Facts

On 20 October 2022, the offender was intercepted at Daroobalgie, NSW. Inspection of their National Work Diary revealed that in the 24-hour period between 9:30am on 19 October 2022 and 9:30am on 20 October 2022, the offender had driven 14 hours and 30 minutes. This exceeded their permitted hours by 2 hours and 30 minutes, resulting in a critical risk breach. The offender stated that they thought they were “right after the 7-hour break”. The accused had a prior heavy vehicle record: Written plea of guilty with explanation entered. That it was a simple oversight. That fatigue was not, however, a factor because they had had a lot of rest in preceding 24-hour periods. That they had recently changed from BFM to standard and this caused them to miscalculate. The NHVR made submissions on the need for specific and general deterrence as well as the matter of public safety. The NHVR applied for a Supervisory Intervention Order (SIO). The offender was found guilty and sentenced by way of monetary order in the amount of $3,000 with costs awarded.

As reported by NHVR.

Penalty

Fine
$3,000

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

Orders

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
Georgia Campbell Other NSW Convicted, fined $5,000; other order 19 February 2025 View the record of Georgia Campbell, 19 February 2025
Karl O’Sullivan Other NSW Convicted, fined $7,500 1 May 2024 View the record of Karl O’Sullivan, 1 May 2024
Qube Ports Pty Ltd Mass NSW Enforceable undertaking accepted; enforceable undertaking Date not stated View the record of Qube Ports Pty Ltd, Date not stated

Sources

Something here wrong? Report an error and name the source that shows it.

Register entry ea-85590d5a364c, as at 14 October 2026. How the register is built.