Individual AS 4638: fined $1,050, false or misleading records, 14 February 2023

Party

Party

Individual AS 4638. The NHVR publishes court outcomes without the defendant's name.

Type

Individual

Role

Driver

Reference

AS 4638

The proceeding

Decision

Convicted

Court

Port Adelaide Magistrates Court (Local or Magistrates)

Jurisdiction

South Australia

Hearing date

14 February 2023

Law

Heavy Vehicle National Law

Provisions

s 325(1)

Offence

False or misleading records

Facts

On 1 March 2022, the defendant drove a fatigue-regulated heavy vehicle and Safety Compliance Officers (SCOs) intercepted it for compliance checks. The defendant told the SCOs that they had to falsify their Work Diary to ensure they would return to their work base on time. An investigation of their Work Diary pages revealed five false or misleading entries, but they did not overwork except for one minor breach. The defendant submitted in mitigation that they were not trying to mislead, as they genuinely misunderstood the Work Diary requirements. They were remorseful and agreed to a fine and Supervisory Intervention Order (SIO). Penalty: Fine: $1,050; 5 x of Victim of Crime (VOC) levy totalling $1,250; Prosecution fees of $250

As reported by NHVR.

Penalty

Fine

$1,050

Fines under s 325(1) on the register: $300 to $45,000, median $6,275 across 44 matters.

Orders

• Supervisory intervention order

Comparable actions

Sources

• NHVR: Court outcomes (read 14 October 2026)