← The register · Fatigue

NHVR court outcome, unnamedConvicted

Individual · no NHVR reference: convicted, fatigue, 26 April 2019

Party

Party
Individual · no NHVR reference. The NHVR publishes court outcomes without the defendant's name.
Type
Individual
Role
Driver

The proceeding

Decision
Convicted
Court
Townsville Magistrates Court (Local or Magistrates)
Jurisdiction
Queensland
Hearing date
26 April 2019
Law
Heavy Vehicle National Law
Provisions
s 111(1), s 89(1), s 96(1), s 129(3), C9, s 250(1)(a), C12, s 250(1)(b), s 297(2), s 293(1)(b)
Offence
Fatigue

Facts

A prime mover was towing a trailer carrying a Hitachi wheel loader, empty pallets and tyres. A tyre fell from the trailer and crossed the road in front of an oncoming passenger bus. The prime mover had a tyre missing from the front axle and a split tyre on another axle. The vehicle’s windscreen was cracked, the rocker box and leaf springs needed maintenance, hydraulic fluid was leaking and there were worn brakes on the trailer. The mass on the tri-axle group was 26.7t which was 133% of the permitted mass limit (a severe risk breach). The vehicle did not have an “Oversize” sign. Inspection of the driver’s work diary revealed several occasions where the driver had exceeded maximum work hours or did not rest for the required minimum rest period as well as numerous instances where information was required to be recorded but had been omitted.

As reported by NHVR.

Penalty

Fine
Not stated

Fines under s 111(1) on the register: $750 to $13,000, median $5,000 across 7 matters. Fines under s 89(1) on the register: $5,000 to $70,000, median $21,000 across 4 matters. Fines under s 96(1) on the register: $750 to $60,000, median $10,000 across 85 matters. Fines under s 129(3) on the register: $6,000 to $36,000, median $11,204 across 4 matters. 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 297(2) on the register: $3,500 to $45,000, median $9,865 across 4 matters. Fines under s 293(1)(b) on the register: $3,070 to $8,000, median $5,535 across 2 matters.

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
Individual · name withheld Supervisory order breach QLD Convicted, fined $60,000 Date not stated View the record of Individual, Date not stated
Individual · name withheld Executive due diligence QLD Enforceable undertaking accepted; enforceable undertaking Date not stated View the record of Individual, Date not stated
Individual · name withheld Executive due diligence QLD Enforceable undertaking accepted; enforceable undertaking Date not stated View the record of Individual, Date not stated

Sources

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Register entry ea-a886883482bb, as at 14 October 2026. How the register is built.