Individual AS 59899: convicted, false or misleading records, 8 May 2025

Party

Party

Individual AS 59899. The NHVR publishes court outcomes without the defendant's name.

Type

Individual

Role

Role not stated

Reference

AS 59899

The proceeding

Decision

Convicted

Court

Forbes Local Court (Local or Magistrates)

Jurisdiction

New South Wales

Hearing date

8 May 2025

Law

Heavy Vehicle National Law

Provisions

s 102(1)(b), dimension breach (length), s 250(1)(a) HVNL– exceeded Standard hours, s 250(1)(b), rested less than required for Standard hours, s 296(1), no recorded information as per prescribed requirements, s 297(2), no recorded information after starting work, s 325(1), false, misleading entry, s 326(1), possess two work diaries

Offence

False or misleading records

Charges

14

Facts

The defendant was intercepted at Daroobalgie, NSW, on 23 October 2024. The defendant’s Work Diary was inspected, and numerous offences were detected. The defendant stated that they took advice from other drivers and were not aware they were counting their work hours incorrectly. The defendant was again intercepted at Daroobalgie, NSW, on 29 November 2024. Numerous offences were again detected. The defendant stated: “it was all my doing – I made some bad decisions”. They appeared in person in court and plead guilty.

As reported by NHVR.

Penalty

Fine

Not stated

Fines under s 102(1)(b) on the register: $500 to $70,000, median $6,300 across 40 matters. Fines under s 250(1)(a) HVNL– exceeded Standard hours 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 296(1) on the register: $3,500 to $22,300, median $8,865 across 4 matters. Fines under s 297(2) on the register: $3,500 to $45,000, median $9,865 across 4 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

Drivers and companies should consider implementing Electronic Work Diaries. Ensure the instructions in the front of National Driver Work Diary have been read and are understood. Ensure that drivers complete relevant training in fatigue management and that regular refresher courses are completed. Drivers should ensure familiarity with time counting requirements under the HVNL, in line with instructional videos contained on the NHVR website. Drivers should prepare ahead a driving schedule including 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)