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NHVR court outcome, unnamedConvicted

Individual AS 65468, 64700: convicted, fatigue, 25 September 2026

Party

Party
Individual AS 65468, 64700. The NHVR publishes court outcomes without the defendant's name.
Type
Individual
Role
Role not stated
Reference
AS 65468, 64700

The proceeding

Decision
Convicted
Court
Elizabeth Magistrates Court (Local or Magistrates)
Jurisdiction
South Australia
Hearing date
25 September 2026
Law
Heavy Vehicle National Law
Provisions
s 296, s 301, s 325(1)
Offence
Fatigue
Charges
12

Facts

The defendant was charged with 12 offences pertaining to making false or misleading entries, and failing to record information in their work diary between 3 September and 26 October 2025. Prosecution submitted that in addition to the 12 offences before the court, the defendant had prior offending history and that in addition to a significant fine and convictions being recorded, a Supervisory Intervention Order (SIO) ought to be imposed given the extent and seriousness of the offending. The defendant stated that they no longer had a licence and did not intend to drive heavy vehicles again. Prosecution countered that the SIO should still be imposed so that if the defendant did get thjeir licence back and started driving trucks, they would need to comply with the conditions of the SIO. The Court noted the extent and seriousness of the offending, and the failure of the defendant’s disregard for the law. It noted the importance of the law in protecting the community and the need to deter the defendant from further offending. A significant single fine of $10,000 was imposed for all offending, and an SIO was granted which requires the defendant to undertake training and use an Electronic Work Diary (EWD) if they undertake any driving work in the future.

As reported by NHVR.

Penalty

Fine
Not stated

Fines under s 296 on the register: $3,500 to $22,300, median $8,865 across 4 matters. Fines under s 301 on the register: $6,490 to $6,832, median $6,832 across 3 matters. Fines under s 325(1) on the register: $300 to $45,000, median $6,275 across 44 matters.

Orders

Educational point

Significant offending may incur a significant fine and an SIO.

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

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
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
MAW Civil Holdings Pty Ltd Other Not stated Enforceable undertaking accepted; enforceable undertaking 16 May 2025 View the record of MAW Civil Holdings Pty Ltd, 16 May 2025

Sources

Something here wrong? Report an error and name the source that shows it.

Register entry ea-bf29cd598d20, as at 14 October 2026. How the register is built.