Individual AS 61345: convicted, fatigue, 5 August 2025
Party
- Party
- Individual AS 61345. The NHVR publishes court outcomes without the defendant's name.
- Type
- Individual
- Role
- Role not stated
- Reference
- AS 61345
The proceeding
- Decision
- Convicted
- Court
- Gosford Local Court (Local or Magistrates)
- Jurisdiction
- New South Wales
- Hearing date
- 5 August 2025
- Law
- Heavy Vehicle National Law
- Provisions
- s 250(1)(a), s 325(1)
- Offence
- Fatigue
- Charges
- 2
Facts
On 15 April 2025 a prime mover combination was intercepted by NHVR officers in Mount White. The defendant was the solo driver working standard hours and a number of work diary offences were detected. Between 10am on 11 April 2025 and 10am on 12 April 2025 the defendant recorded working for 14 hours. The maximum permitted is 12 hours in any 24 hour period. This offence constituted a critical fatigue breach. On 10 April the defendant recorded resting in Gundagai between 9:30pm and 10:30pm, contrary to a road safety camera sighting of the vehicle at 9:53pm travelling on the Hume Highway in Gundagai. Such work diary entry was false or misleading. The defendant entered pleas of guilty to both offences. They had one prior critical fatigue breach on their record. The Regulator sought the court to make a Supervisory Intervention Order (SIO) as the defendant was considered to be a persistent offender of the Heavy Vehicle National Law. The defendant agreed to the SIO and made submissions to the court that: They had already obtained an Electronic Work Diary (EWD). They rarely drive heavy vehicles now as they own the business and employ other drivers. They used to operate under BFM hours and made a mistake on this occasion as they were stressed at the time.
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 325(1) on the register: $300 to $45,000, median $6,275 across 44 matters.
Orders
- Supervisory intervention order, 12 months
Educational point
Consider implementing EWDs for all drivers of fatigue-regulated heavy vehicles. Ensure all drivers have read and understood the instructions in the front of their National Driver Work Diary. Ensure all drivers have completed relevant training in fatigue management and that regular refresher courses are completed.
As reported by NHVR.
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 |
| 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 |
| Kellogg (Aust) Pty Ltd | Primary duty | NSW | Convicted, fined $510,000 | 19 September 2025 | View the record of Kellogg (Aust) Pty Ltd, 19 September 2025 |
| Georgia Campbell | Other | NSW | Convicted, fined $5,000; other order | 19 February 2025 | View the record of Georgia Campbell, 19 February 2025 |
Sources
- NHVR: Court outcomes (read 14 October 2026)
Something here wrong? Report an error and name the source that shows it.
Register entry ea-a46a8227dd3b, as at 14 October 2026. How the register is built.