Individual AS 29263: convicted, false or misleading records, 26 May 2025

Party

Party

Individual AS 29263. The NHVR publishes court outcomes without the defendant's name.

Type

Individual

Role

Role not stated

Reference

AS 29263

The proceeding

Decision

Convicted

Court

Parramatta Local Court (Local or Magistrates)

Jurisdiction

New South Wales

Hearing date

26 May 2025

Law

Heavy Vehicle National Law

Provisions

s 250(1)(a), Solo driver work more than standard maximum time, s 250(1)(b), Solo driver rest less than standard minimum time, s 325(1), Make false, misleading entry in work record

Offence

False or misleading records

Charges

11

Facts

The accused was convicted on 6 November 2023, at the Hay Local Court for a fatigue offence under the HVNL and SIO was granted. Under the SIO, the accused was required to supply work diary pages to the Regulator. The Regulator received the accused’s work diary records for the December 2023 period. The Regulator detected the offending from the work diary pages. The accused failed to appear before the Parramatta LC on 26 May 2025. An application was made under s196 of CPA to proceed ex parte. Penalty: Outcome: convicted on all 11 counts; Fine: $45,000 total fine; charges 1 to 6: $5,000 monetary penalty for each fatigue offence.; charges 7 to 11: $3,000 monetary penalty for each offence.

As reported by NHVR.

Penalty

Fine

Not stated

Fines under s 250(1)(a) on the register: $0 to $45,000, median $4,800 across 103 matters. Fines under s 250(1)(b) on the register: $0 to $45,000, median $4,800 across 103 matters. Fines under s 325(1) on the register: $300 to $45,000, median $6,275 across 44 matters.

Educational point

Monitor drivers’ activities and log book records to limit the likelihood of false and misleading entries. Ensure that all drivers have read and understood the instructions in the front of the National Driver Work Diary. Ensure that all drivers are familiar with time counting requirements under the Heavy Vehicle National Law in line with the instructional videos found on the NHVR website. Ensure that all drivers have completed relevant training in fatigue management and that regular refresher courses are completed. Employers should prepare and provide driver schedules which include suggested break times and locations to ensure compliance with work and rest break requirements. Ensure that drivers notify their supervisor of any infringement of road rules and enforcement action taken against them. Prepare and provide driver schedules which include suggested break times and locations to ensure compliance with work and rest break requirements.

As reported by NHVR.

Comparable actions

Sources

• NHVR: Court outcomes (read 14 October 2026)