Individual AS 62712: fined $15,000, fatigue, 18 November 2025

Party

Party

Individual AS 62712. The NHVR publishes court outcomes without the defendant's name.

Type

Individual

Role

Role not stated

Reference

AS 62712

The proceeding

Decision

Convicted

Court

Gosford Local Court (Local or Magistrates)

Jurisdiction

New South Wales

Hearing date

18 November 2025

Law

Heavy Vehicle National Law

Provisions

s 325(1), s 254(1)(b)

Offence

Fatigue

Charges

83

Facts

On 15 July 2025 at 12:14pm NHVR officers intercepted a Kenworth prime mover combination at the Mount White South Heavy Vehicle Safety Station for a compliance check. The defendant was the driver of the vehicle. The defendant produced their National Driver Work Diary, and NHVR officers identified a number of offences. Between 3 and 9 July 2025, the defendant made four false or misleading work diary entries where they recorded resting when the heavy vehicle was sighted by road safety cameras. In the 24-hour period ended 7pm on 15 July 2025, the defendant had recorded resting for 5 hours and 15 minutes when required to have a minimum of 7 continuous hours of stationary rest. The defendant was charged with four counts of making false or misleading work diary entries and one count of being a solo driver and resting less than the BFM minimum time. The defendant failed to appear in the Gosford Local Court, and the matter was dealt with ex parte in their absence. The defendant had a significant record of prior convictions for heavy vehicle offences. On 22 August 2025 the defendant had been convicted in the Local Court on 83 heavy vehicle offences, including 50 false and misleading work diary entry breaches and 30 fatigue breaches. The defendant was cumulatively fined $7,500 and lost 33 demerit points. The prosecution submitted that false and misleading work diary offences are often deliberate and intentional to mask fatigue breaches. The regulatory system relies on heavy vehicle drivers keeping accurate work diary records to ensure that drivers are taking adequate rest breaks. A penalty for specific and general deterrence was necessary to achieve the regulatory objectives of public safety. The court noted the defendant’s aggravating traffic history and their complete disregard for the law.

As reported by NHVR.

Penalty

Fine

$15,000

Fines under s 325(1) on the register: $300 to $45,000, median $6,275 across 44 matters. Fines under s 254(1)(b) on the register: $1,500 to $45,000, median $6,000 across 17 matters.

Prior history

The source states a prior history.

Educational point

­Consider implementing Electronic Work Diaries 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. ­Ensure drivers are familiar with time counting requirements under the HVNL, in line with instructional videos contained on the NHVR website. ­Prepare and provide driver schedules which include suggested break times and locations to ensure compliance with work and rest break requirements. ­Ensure that duplicate copies of National Driver Work Diary pages are supplied to the relevant record keeper and are routinely audited for accuracy and compliance

As reported by NHVR.

Comparable actions

Sources

• NHVR: Court outcomes (read 14 October 2026)