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
- Supervisory intervention order
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
| Defendant | Offence | Jurisdiction | Decision | Date | Record |
|---|---|---|---|---|---|
| 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
- NHVR: Court outcomes (read 14 October 2026)
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.