Court outcomes

Court orders

Court orders made in respect of HVNL offences.

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New South Wales

Court details	Offence	Penalty
29 May 2025 Port Augusta Magistrates Court Defendant type: company - AS 48435	On 7 May 2024, a prime mover towing trailers was intercepted by SCO’s at the Stirling North checking station. The vehicle was weighed and prime mover’s drive axle exceeded its permitted mass of 17 tonnes by 4.4 tonnes, an overload of 125%. The driver stated that he was not aware of the weight as he simply drove the pre-loaded vehicle. The company declined to be interviewed. The prosecution made submissions that this was a severe mass breach and that the corporate multiplier be applied to reflect the seriousness of the breach. The defendant’s history which involved previous offending for a dimension breach was brought to the court’s attention. The defendant stated that the vehicle was overloaded because the trailers were hitched the wrong way around and once this was addressed, the vehicle was allowed to continue its journey. The magistrate considered the submissions put by the parties. The corporate multiplier was applied and a significant penalty was imposed.	Section/Act 1 x 96(1)(c) HVNL Outcome convicted Fine $10,000
26 May 2025 Parramatta Local Court Defendant type: Individual - AS 29263	The accused was convicted on 6 November 2023, at the Hay Local Court for a fatigue offence under the HVNL and SIO was granted. Under the SIO, the accused was required to supply work diary pages to the Regulator. The Regulator received the accused’s work diary records for the December 2023 period. The Regulator detected the offending from the work diary pages. The accused failed to appear before the Parramatta LC on 26 May 2025. An application was made under s196 of CPA to proceed ex parte.	Section/Act 3 x Solo driver work more than standard maximum time- critical risk- s 250(1)(a) HVNL- Law Part Code: 80123 3 x Solo driver rest less than standard minimum time- critical risk- s 250(1)(b) HVNL- Law Part Code: 80124 5 x Make false or misleading entry in work record- s 325(1) HVNL- Law part Code: 80249 Outcome Conviction on all 11 counts Fine $45,000.00 total fine Charges 1 to 6: $5,000 monetary penalty for each fatigue offence. Charges 7 to 11: $3,000 monetary penalty for each offence. Educational Points Monitor drivers’ activities and log book records to limit the likelihood of false and misleading entries. Ensure that all drivers have read and understood the instructions in the front of the National Driver Work Diary. Ensure that all drivers are familiar with time counting requirements under the Heavy Vehicle National Law in line with the instructional videos found on the NHVR website. Ensure that all drivers have completed relevant training in fatigue management and that regular refresher courses are completed. Employers should prepare and provide driver schedules which include suggested break times and locations to ensure compliance with work and rest break requirements. Ensure that drivers notify their supervisor of any infringement of road rules and enforcement action taken against them. Prepare and provide driver schedules which include suggested break times and locations to ensure compliance with work and rest break requirements.
19 May 2025 Parramatta Local Court Defendant type: Company - AS 60763	On 6 July 2024, authorised officers of the NHVR detected a heavy vehicle travelling on New England Highway A15 adjacent to Kankool Heavy Vehicle Safety Station which it failed to enter. On 9 July 2024, authorised officers sent a Notice to Produce to the registered owner of the vehicle, requesting the name and residential address of the driver of vehicle on 6 July. The NHVR did not receive any reply to the Notice to Produce dated 9 July 2024. This Notice was sent by post. On 13 August 2024, authorised officers sent a second Notice to Produce to the registered owner of the vehicle. The registered operator was required to reply by 27 August 2024. The NHVR did not receive any reply to the second Notice. This second Notice was sent by registered post and confirmed by Australia Post as being delivered on 26 August 2024. Magistrate granted Application to proceed. Mid-range of objective seriousness. General deterrence necessary. Taken into account the purpose of sentencing.	Section/Act 1 x 570(3) HVNL Outcome convicted Fine $12,000
14 May 2025 Blacktown Local Court Defendant type: Individual - AS 60282	On 3 February 2025, the accused was intercepted by Authorised Officers while driving a heavy vehicle in New South Wales. During the inspection, they falsely stated that they had not been driving the vehicle earlier that day, despite evidence showing the vehicle was in use during that time. They maintained this position until their employer confirmed they were the sole driver that day. The accused then admitted to providing false information and failing to record their actual driving hours, claiming confusion and advice from a friend.	Section/Act s 701(1) HVNL Outcome conviction recorded Fine $6,000
12 May 2025 Parramatta Local Court Defendant type: Company - AS 60590	On 13 August 2024, a heavy vehicle, an 8-axle Liebherr LTM165, was travelling Westbound on Western Freeway, Myrniong, Victoria, crossing over Reservoir Bridge. The vehicle is a Class 1 Special Purpose Vehicle mobile crane. The vehicle’s movements are shown on the Non-Compliance Report Viewer (NCR). The vehicle was on a journey from Wendouree, VIC to Brooklyn, VIC. The vehicle's GVM is 96 tonnes with the boom attached. It was operating under an authorisation permit from the NHVR. The permit authorisation would allow the vehicle to operate on the 6+ Axle All Terrain Mobile Crane with Reduced Axle Masses network, which means the vehicle can operate at a reduced mass of 61.6 tonnes. Reservoir Bridge is approved under the 6+ Axle All Terrain Mobile Crane with Reduced Axle Masses network, which means the vehicle would be able to cross the bridge at a reduced mass of 61.6 tonnes as per the condition of the authorisation permit. On 13 August 2024, the vehicle was captured on Safe-T-Cam Victorian Department of Transport to be travelling with the boom still attached to the vehicle on Western Freeway, Myrniong crossing over Reservoir Bridge above Pykes Creek Reservoir. This meant the vehicle’s gross mass weight was still operating at 96 tonnes whilst travelling over Reservoir Bridge. The vehicle contravened the condition of operating on Reservoir Bridge by travelling over the reduced mass limit of 61.6 tonnes.	Section/Act s 129(2) HVNL Outcome conviction recorded Fine $12,000
12 May 2025 Parramatta Local Court Defendant type: Individual - AS 59648	On 2 June 2024, the accused was found to have committed two critical fatigue-related breaches under the Heavy Vehicle National Law (HVNL). Over a 24-hour period, they worked 16 hours and 30 minutes—exceeding the 12-hour legal limit—and took only 3 hours of continuous rest instead of the required 7 hours. The breaches were detected through analysis of Safe-T-Cam data and the accused’s work diary, which had been provided by the vehicle’s operator in response to a notice to produce. The conduct posed a critical fatigue risk, and the accused was also issued a penalty notice for a separate, minor work-time offence.	Section/Act s 250(1)(a) HVNL s 250(1)(b) HVNL Outcome conviction recorded Fine $4,500 for each offence
8 May 2025 Forbes Local Court Defendant type: Individual - AS 59899	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.	Section/Act 1 x s 102(1)(b) HVNL – dimension breach (length) -severe 4 x s 250(1)(a) HVNL– exceeded Standard hours - critical 1 x s 250(1)(b) HVNL – rested less than required for Standard hours - minor 1 x s 296(1) HVNL – no recorded information as per prescribed requirements 1 x s 297(2) HVNL – no recorded information after starting work 5 x s 325(1) HVNL – false/misleading entry 1 x s 326(1) HVNL – possess two work diaries Outcome convicted Fine $8,250 $1,596 - professional costs Supervisory Intervention Order (SIO) A 12-month SIO was ordered with the following conditions: Defendant must carry a copy of the order when operating a heavy vehicle and produce it when required. Complete training courses on completing work diaries and applying fatigue management strategies. Obtain and commence to use an Electronic Work Diary (EWD) and provide the NHVR on the first business day of each month, a copy of the records of their usage of the EWD for the preceding month. Educational Points 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.
5 May 2025 Parramatta Local Court Defendant type: Company - AS 60675	On 18 February 2025, at Douglas Park, New South Wales, a heavy vehicle, a 5-axle heavy vehicle, was used on a road, the Hume Highway, in circumstances where the heavy vehicle was in contravention of a dimension exemption applying to the vehicle in that it was not in compliance with the Intelligent Transport System.	Section/Act 1 x s 129(1) HVNL Outcome convicted Fine $6,000 Educational Points First prosecution of this type in New South Wales. General and specific deterrence to ensure companies comply with the change in permit conditions.
17 April 2025 Wollongong Local Court Defendant type: Company - AS 60251	Intercepted on 18 February 2025 at Mt Ousley. Vehicle loaded with scrap steel/metal. Vehicle was 2.6m wide when only allowed to be 2.5m wide. Corporate accused did not appear at Court and the matter proceeded ex parte.	Section/Act 1 x 102(1)(b)(iii) Outcome convicted Fine $10,000 Educational Points Supply staff with measuring devices and training as to dimension requirements. Ensure vehicles, esp. trailer sides, are maintained and structurally sound.
7 April 2025 Parramatta Local Court Defendant type: Company - AS 59070	On 2 June 2024 at 7:31pm authorised officers of the NHVR detected a heavy vehicle travelling on Pacific Highway A1 which failed to enter the 12-Mile Heavy Vehicle Safety Station. On 4 June 2024, authorised officers sent a Notice to Produce to the registered owner of the vehicle requesting the name and residential address of the driver of vehicle on 02 June 2024 at 7:31pm. The registered operator was required to reply within 21 days. The NHVR did not receive any reply to the Notice to Produce dated 04 June 2024. On 24 July 2024, authorised officers sent a second Notice to Produce to the registered owner of the vehicle. The registered operator was required to reply within 14 days. The NHVR did not receive any reply to the second Notice dated 24 July 2024. The matter was before the Parramatta Local Court on the 07 April 2025. There was no appearance by the accused. The Magistrate granted leave to have the matter heard by exparte after proof of service was tendered.	Section/Act 1 x s 570(3) HVNL Outcome convicted Fine $10,000
27 March 2025 Penrith Local Court Defendant type: Company - AS 59793	On 22 May 2023, Authorised Officers of the National Heavy Vehicle Regulator (NHVR) intercepted a Kenworth heavy vehicle travelling on Luddenham Rd, Orchard Hills NSW. A vehicle inspection was carried for compliance under the Heavy Vehicle National Law (HVNL). It was ascertained that the vehicle's 2nd axle group was weighed at 28.15 tonnes. Taking into account the applicable mass adjustment, the vehicle's assessed mass was 27.65 tonnes on the 2nd axle group, an excess mass of 6.65 tonnes, or an overload of 131.6%.	Section/Act 1 x s 96(1)(c) HVNL Outcome convicted Fine $30,000 $114 - prosecution fee
6 March 2025 Lithgow Local Court Defendant type: Company - AS 58715	On 23 October 2024, a heavy vehicle was intercepted on the Great Western Highway and found to be 120% over the permitted axle mass, posing a severe risk breach. The accused, with a prior conviction for a similar offence, permitted the vehicle to be driven despite exceeding the legal 9-tonne limit, with an adjusted mass of 10.88 tonnes. The driver, who loaded the vehicle themselves, admitted they did not check the weight, were unaware of legal limits	Section/Act 1 x s 96(1)(c) HVNL - severe Outcome conviction recorded Fine $15,000
3 March 2025 Young Local Court Defendant type: Individual - AS 59292	A heavy vehicle in a B-double configuration was intercepted in Young for a random compliance inspection by NHVR Authorised Officers. The driver was aggressive and threw their work diary at an officer, striking them in their upper chest/lower head area. The driver’s work diary was found to contain a false and misleading entry where they recorded resting when the vehicle was sighted moving.	Section/Act s 584(1)(a), HVNL s 325(1), HVNL Outcome convicted Fine $2,000 $228 Other orders Community Correction Order for a term of 12 months.
24 February 2025 Parramatta Local Court Defendant type: Individual - AS 58829	On 24 October 2024, Authorised Officers of the NHVR observed a heavy vehicle travelling on Old Wallgrove Road, Eastern Creek in New South Wales. The accused produced a photo of his Queensland driver's licence number. The photo on the licence resembled the driver. A check of records showed the accused’s Queensland licence number was cancelled on 16 November 2022. A further check of records showed the accused’s New South Wales driver's licence number was disqualified from 7 June 2022 until 6 February 2027 at Penrith Local Court for an offence of driving with high-range PCA. The matter was before the Parramatta Local Court on 24 February 2025. There was no appearance by the accused. The Magistrate granted leave to have the matter heard by ex parte, pursuant to s.196 of Criminal Procedure Act, after proof of service was tendered.	Section/Act 1 x 54(1)(a) Road Transport Act 2013 Outcome convicted arrest warrant issued
21 February 2025 Liverpool Local Court Defendant type: Company - AS 38997	The company, being the registered operator of a chargeable heavy vehicle failed to notify Transport for NSW (TfNSW) of any change during the currency of the registration in the construction equipment configuration use or ownership of the heavy vehicle. Such change would be of such nature that registration charges or additional charges would be payable when the change occurred. The company permitted or authorised the use of the vehicle by another before notification was given to TfNSW. On 15 March 2024, the accused permitted a driver to drive heavy vehicle. On the same day the vehicle was registered with TfNSW for use with configuration code of SP3 or PM1. The correct configuration code for the use of the heavy vehicle was MR3 or RT2. The change would have resulted in additional charges to be payable. The difference in annual registration fees for a configuration code for SP3 or PM1 is $5,316, and an MR3 or RT2 is $10,727. A difference of $5411.00. On 24 January, the accused failed to appear at Liverpool Local Court, and the prosecution sought an adjournment for a second mention to give the accused the opportunity of fair process. On 21 February, the accused failed to attend the Liverpool Local Court for second mention. The Magistrate granted ex-parte and proceeded with the sentencing.	Section/Act Schedule 2 cl 11(1) RTA 2013 Outcome convicted Fine $20,000 $114 - prosecution fee
17 February 2025 Parramatta Local Court Defendant type: Company - AS 58904	On 18 November 2023, Authorised Officers of the NHVR detected an Iveco rigid heavy vehicle travelling northbound on M1 Sydney-Newcastle Motorway. The vehicle failed to enter the Mount White North Heavy Vehicle Safety Station. On 21 November 2023, the NHVR sent a Notice to Produce to the registered operator of the vehicle requesting the name and residential address of the driver of vehicle on 18 November 2023. No reply was received. On 6 March 2024, the NHVR sent a second Notice to Produce to the registered operator of the vehicle requesting the name and residential address of the driver of vehicle on 18 November 2023. The NHVR did not receive a reply to the second Notice to Produce dated 6 March 2024. On 9 April 2024, the second Notice to Produce was received by the Regulator, return to sender. On 9 April 2024, a further second Notice to Produce was posted to the registered operator of the vehicle requesting the name and residential address of the driver of vehicle on 18 November 2023. No reply was received. The matter was before the Parramatta Local Court on 17 February 2025. There was no appearance by the Accused. The Magistrate granted leave to have the matter heard by ex parte after proof of service was tendered.	Section/Act 1 x s 570(3) HVNL Outcome convicted Fine $12,000
11 February 2025 Downing Centre Local Court Defendant type: Company - AS 19497	On 7 March 2023, at the Downing Centre Local Court, the Company was convicted and fined a total of $3,000 for two breaches of the HVNL. The offences related to the Company failing to produce documents and information to the NHVR over a protracted period of time. The Court also made a Supervisory Intervention Order (SIO) for one year. The SIO required the Company to provide its employees and contractors with training approved by the NHVR; provide its drivers with Electronic Work Diaries (EWD); and give records of EWD use to the NHVR. The Company initially notified the NHVR of its current employees and contracted drivers but failed to provide training or ensure EWDs were used. Despite repeated attempts by the NHVR to assist the Company to comply with the SIO, it failed to do so. The prosecution of the Company for failing to comply with the SIO demonstrates the importance the NHVR places on SIOs.	Section/Act s 604 HVNL Outcome conviction recorded Fine $20,000 $114 - prosecution fee
8 November 2024 Goulburn Magistrates Court Defendant type: Individual - AS 58226	A heavy vehicle operator was recently sentenced for four serious breaches of a Supervisory Intervention Order (SIO) under the Heavy Vehicle National Law (HVNL), each carrying a maximum fine of $13,310. The breaches included failing to update contact information, neglecting to engage an accredited training provider, not purchasing and using an Electronic Work Diary (EWD), and failing to provide records of EWD usage, all essential for managing driver fatigue and ensuring road safety. The operator had a history of non-compliance. Despite, multiple reminders from the National Heavy Vehicle Regulator, the operator made no effort to meet these legal obligations.	Section/Act 4 x s 604 HVNL Outcome convictions recorded for each offence Fine $12,000 $456 - prosecution fee
16 September 2024 Parramatta Local Court Defendant type: Company - AS 39387	On 7 October 2023 Authorised Officers of the NHVR detected a heavy vehicle travelling on the Pacific Highway Marulan New South Wales which failed to enter the Marulan North Avoidance Heavy Vehicle Safety Station. On 11 October 2023, Authorised Officers sent a Notice to Produce to the registered owner of the vehicle, requesting the name and residential address of the driver of the vehicle detected on 7 October 2023. The registered operator was required to reply within 21 days. The NHVR did not receive any reply to the Notice to Produce dated 7 October 2023. On 9 January 2024, Authorised Officers sent a second Notice to Produce to the registered owner of the vehicle. The registered operator was required to reply by within 14 days. The NHVR did not receive any reply to the second Notice dated 9 January 2024. The matter was before the Parramatta Local Court on the 16 September 2024. There was no appearance by the Accused. The Magistrate granted leave to have the matter heard by ex parte after proof of service was tendered.	Section/Act 1 x s 570(3) HVNL Outcome convicted Fine $10,000
8 September 2024 Campbelltown Local Court Defendant type: Individual - AS 41738	NHVR officers intercepted the defendant driving a heavy vehicle through Minto on 13 May 2024. A check of their National Work Diary revealed that in the 24-hour period between 6pm on 9 May 2024 and 6pm on 10 May 2024 the accused had 4 hours and 30 minutes of continuous stationery rest time. The defendant failed to appear at 1st mention and at 2nd mention and the court proceeded to sentence ex-parte.	Section/Act 1 x s 250(1)(b) HVNL Outcome convicted Fine $10,000 Educational Points 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.
6 September 2024 Gosford Local Court Defendant type: Individual - AS 26299	The defendant was gainfully employed as a professional truck driver. On 2 November 2023 New South Wales Police conducted a heavy vehicle compliance operation at the Marulan Heavy Vehicle Inspection Station when the defendant was intercepted driving a prime mover towing a fuel tanker semitrailer. The defendant produced their National Heavy Vehicle Work Diary and Police identified a number of breaches of the Heavy Vehicle National Law. Police subsequently issued a Notice to Produce to the defendant’s employer, for the MT Speed Data for the vehicle and further offences were identified. On sentence the defendant failed to appear, and the matter proceeded via section 196 Criminal Procedure Act (NSW) 1986.	Section/Act 1 x s 329 HVNL 14 x s 325(1) HVNL 1 x s 254(1)(a) HVNL 9 x s 254(1)(a) HVNL 7 x s 250(1)(a) HVNL Outcome convicted Fine $45,000 Educational Points 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.
4 September 2024 Gosford Local Court Defendant type: Corporate - AS 47346	On 18 June 2024 NHVR officers intercepted a tipper truck in a combination carrying aggregate/soil at Mount White. The permitted mass on the 4th axle group was 22.5 tonnes. The vehicle had an assessed mass of 27.06 tonnes on the quad axle group, an excess mass of 4.56 tonnes or 120% overload constituting a severe mass breach. The vehicle GVM was also non-compliant with a minor mass breach overload of 102%. The defendant had no prior history of regulatory offences.	Section/Act 1 x s 96(1)(c) HVNL Outcome convicted Fine $15,000 Educational Points Identify the mass requirements that apply to each heavy vehicle and communicate this to relevant staff, including loaders and drivers. Provide relevant staff the means to weigh or verify the weight of loads on heavy vehicles (e.g. on-board scales or portable scales). Ensure weighing devices are installed on all heavy vehicles and are functioning correctly. Ensure that all relevant staff are trained in mass requirements. Ensure that all staff complete regular refresher courses in mass requirements. Hold regular meetings, including Toolbox Talks, with staff. Ensure that all policies and procedures are up-to-date, and that all relevant staff are familiar with the policies and procedures. Prepare and provide pre-start trip inspection checklists that include mass checklists.
28 August 2024 Gosford Local Court Defendant type: Individual - AS 24975	In any 24-hour period, the minimum rest time is 7 continuous hours of stationary rest time. Upon inspection of the Work Diary a breach of the HVNL was identified for the period between 8:30am on 23 August 2023 and 8:30am on 24 August 2023 when the accused had only 4 hours of continuous stationary rest time.	Section/Act 1 x s254(1)(b) HVNL - critical Outcome convicted Fine $10,000
28 August 2024 Gosford Local Court Defendant type: Individual - AS 37281	In any 24-hour period, the minimum rest time is 7 continuous hours of stationary rest time. Upon inspection of the Work Diary, a breach of the HVNL was identified for the period between 4:00am on 2 April 2024 and 4:00am on 3 April 2024 when the accused had only 3 hours and 30 minutes of continuous stationary rest time.	Section/Act 1 x s 254(1)(b) HVNL - critical Outcome convicted Fine $14,000
9 August 2024 Goulburn Local Court Defendant type: Individual - AS 32467	On 13 February 2024, the defendant’s National Driver Work Diary demonstrated that the defendant had only rested for 5 hours in a 24 hour period which was a critical breach On 15 February 2024, the defendant’s National Driver Work Diary demonstrated that the defendant had only rested for 5.25 hours in a 24 hour period which was a critical breach. Between 7:30am on 19 February and 7:30am on 20 February 2024, the defendant’s National Driver Work Diary demonstrated that they had only rested for 2.5 hours in a 24 hour period, which was a critical breach. On 22 February 2024, the defendant made a false and misleading entry in their National Driver Work Diary. The defendant recorded that they left Blaxland, NSW on 22 February 2024 at 6:00am however they were intercepted at the Mount Boyce Heavy Vehicle Safety Station at 6:19am. Unless the defendant was travelling at an average of in excess of 162km/h, it was impossible for them to cover that distance in that timeframe. Between 6:00am on 28 February and 6:00am on 29 February 2024, the defendant’s National Driver Work Diary demonstrated that they had only rested for 4 hours in a 24 hour period, which was a critical breach.	Section/Act 3 x s 250(1)(b) HVNL - critical 2 x s 325(1) HVNL - critical Outcome convicted Fine $15,400 $500 - prosecution fee Supervisory Intervention Order (SIO) A 12-month SIO was ordered with the following conditions: Defendant must carry a copy of the order when operating a heavy vehicle and produce it when required. Complete training courses on completing work diaries and applying fatigue management strategies. Obtain and commence to use an Electronic Work Diary (EWD) and provide the NHVR on the first business day of each month, a copy of the records of their usage of the EWD for the preceding month.
9 August 2024 Goulburn Local Court Defendant type: Company - AS 15343	The heavy vehicle width was measured at 2.63m wide when the vehicle was only allowed to be 2.5m wide.	Section/Act 1 x s 102(1)(b)(iii) HVNL Outcome convicted Fine $10,000
7 June 2024 Goulburn Local Court Defendant type: Individual - AS 19572	Multiple breaches of the HVNL were detected through Safe-T-Cam systems and inspection of the accused’s Work Diary records, spanning several incidents from November 2022 to January 2023.	Section/Act 1 x s 250(1)(b) HVNL Outcome convicted 12 month Conditional Release Order (CRO) Supervisory Intervention Order (SIO) A 12-month SIO was ordered with the following conditions: Implementation of Electronic Work Diary (EWD). Completion of courses TLIE3028 (completion of work diaries) and TLIF2010 (fatigue management strategies).
5 June 2024 Gosford Local Court Defendant type: Company - AS 23824	A heavy vehicle was intercepted on the Pacific Highway at Mount White by NHVR authorised officers. The vehicle’s load exceeded the permitted mass on the second axle group with an assessed mass of 11.04 tonnes when the permitted mass was 9 tonnes. The driver advised that the accused had permitted them to drive the vehicle from Riverstone to Kempsey	Section/Act 1 x s 96(1)(c) HVNL Outcome convicted Fine $1,800 Supervisory Intervention Order (SIO) A 12-month SIO was ordered with the following conditions: training in mass, dimension and loading requirements for all senior management, employees and contractors responsible for the operation of transport activities. Installation of weight gauges and scales on all heavy vehicles owned and/or operated by the company.
27 May 2024 Parramatta Local Court Defendant type: Individual - AS 19572	Multiple breaches of the HVNL were detected through Safe-T-Cam systems and inspection of the accused’s Work Diary records, spanning several incidents from November 2022 to January 2023.	Section/Act 1 x s 245(1)(b) HVNL 9 x s 325(1) HVNL Outcome convicted Fine $30,000
17 May 2024 Moama Local Court Defendant type: Company - AS 17398	On 9 November 2023, a heavy vehicle owned by the company was stopped by NHVR authorised officers at the Marulan South Heavy Vehicle Safety Station for the purpose of a compliance check under the Heavy Vehicle National Law. The prime mover was in combination with two Tautliner trailers and was carrying rolls of turf at the time of inspection. The authorised officers saw a bulge in the left side curtain of the rear trailer that was measured to be protruding 201mm from the trailer. The vehicle’s permitted dimension width was 2.5 meters. The load width dimension on the trailer was measured at 2.690 meters. There was an excess of 0.170 meters (170 cm). Further offences relating to breaching mass requirements were identified on the 2nd axle group minor breach, 3rd axle group substantive breach, and 4th axle group substantive breach. These breaches were referred to the Investigating Officer to issue penalty notices. A further offence was identified in the overall gross mass requirement substantive breach which was also referred to the Investigating Officer. The driver was interviewed and indicated that they raised the bulge in the side of the trailer with the company’s allocator, who told them it was OK. The company was charged with one offence under s 102(1)(b)(iii) of the HVNL for permitting the heavy vehicle to be used when it did not comply with its width dimension. The maximum penalty for a body corporate is $63,000. The company pleaded guilty at the first available opportunity. It informed the Court that it had received a penalty notice for a broken gate that it believed may have contributed to this offence. The Company operates 40+ trucks. Following this incident, it employed a new general manager and consulted with a mass management company. The load coordinator was counselled after incident.	Section/Act s 102(1)(b)(iii) HVNL Outcome convicted Fine $7,500
13 May 2024 Parramatta Local Court Defendant type: Individual - AS 27650	In any 24-hour period, the minimum rest time is 7 continuous hours of stationary rest time. Upon inspection of the work diary a breach of the HVNL was identified for the period between 8:15am on 4 December 2023 and 8:15am on 5 December 2023 the accused had only 4 1/4 hours of continuous stationary rest time.	Section/Act 1 x s 250(1)(b) HVNL Outcome convicted Fine $900 Supervisory Intervention Order (SIO) An SIO was ordered with the following conditions: Installation of an Electronic Work Diary (EWD).
9 May 2024 Parkes Local Court Defendant type: Individual - AS 23456	On 7 December 2023 Police intercepted a heavy vehicle in Parkes and gave the driver a written direction to cease work and to rest from 2:30pm until 9:30pm. The vehicle was subsequently intercepted at 9:13pm in Daroobalgie by NHVR Officers who found that the driver had made a false and misleading record in their work diary that between 1:45pm and 9:30pm they rested in Parkes. The driver made a false and misleading entry in their work diary by recording that between 5pm on 5 December 2023 and 4am on 6 December 2023 they rested in Coonabarabran when their vehicle was sighted by Safe-T-Cam at 3:02am on 6 December 2023 at Boggabilla.	Section/Act 1 x s 542(1) HVNL 2 x s 325(1) HVNL Outcome convicted Fine $6,000
8 May 2024 Tweed Heads Local Court Defendant type: Individual - AS 14617	The driver of the heavy vehicle was found to have in a 24-hour period worked more than the prescribed standard maximum work time. In the same 24-hour period the driver was also found to have rested less than minimum required time under standard hour requirements. The offence constituted a critical risk breach.	Section/Act 1 x s 250(1)(a) HVNL - critical 1 x s 250(1)(b) HVNL - critical Outcome convicted Fine $800 Supervisory Intervention Order (SIO) A 6-month SIO was ordered with the following conditions: training to be provided to all staff by an independent and suitably qualified training provider in respect of compliance with mass requirements relevant to heavy vehicles.
6 May 2024 Parramatta Local Court Defendant type: Individual - AS 24395	The accused was the driver of the heavy vehicle. The heavy vehicle had a gross vehicle mass exceeding 12 tonnes constituting a fatigue regulated heavy vehicle. Authorised officers required work records to be disclosed relating to the driver of heavy vehicle at Parramatta. In a 24-hour period the prescribed BFM maximum work time was 14 hours. The accused worked to total of 16 hours recorded. The offence constituted a critical risk breach.	Section/Act 1 x s 254(1)(a) HVNL - critical Outcome convicted Fine $6,000
6 May 2024 Downing Centre Local Court Defendant type: Company - AS 21463	The accused was the registered operator. On 12 December 2023 the accused permitted a driver to drive an over height heavy vehicle combination on Friendship Road, Port Botany.   The prescribed height limit to the heavy vehicle was 5 meters. There was a permit obtained for the marine freight.  The assessed height of the heavy vehicle was 5.16 meters.	Section/Act 1 x s 102(1)(b)(iii) HVNL - severe Outcome convicted Fine $5,500 Educational points Provide all staff involved in the loading of heavy vehicles access to a measuring device (e.g. measuring tape or height stick). Identify the dimension requirements that apply to each heavy vehicle and communicate this to relevant staff, including loaders and drivers. Require loaded vehicles to be measured and compared to the applicable dimension requirements prior to departure.
30 April 2024 Fairfield Local Court Defendant type: Company - AS 13692	The defendant company was charged with permitting a driver to drive an over mass vehicle on a road. The heavy vehicle was intercepted on 20 September 2023 by NHVR Safety and Compliance Officers at Smithfield, New South Wales. The heavy vehicle’s mass was measured. The prescribed mass limit of the heavy vehicle’s tri-axle group was 20.0 tonnes. The assessed mass of the tri-axle group was 24.95 tonnes, an excess mass of 4.95 tonnes. This is 124.75% of the prescribed mass limit. The driver stated that there were weight scales in the heavy vehicle driven but it was not accurate. The driver stated that the company had not provided training about mass and was not aware of separate axle weights. The defendant company had a relevant court prior in 2021 and 2016.	Section/Act 1 x s 96(1)(c) HVNL - severe Outcome convicted Fine $4,000 Supervisory Intervention Order (SIO) A 6-month SIO was ordered with the following conditions: training to be provided to all staff by an independent and suitably qualified training provider in respect of compliance with mass requirements relevant to heavy vehicles. Educational points Identify the mass requirements that apply to each heavy vehicle and communicate this to relevant staff, including loaders and drivers. Provide relevant staff the means to weigh or verify the weight of loads on heavy vehicles (e.g. on-board scales or portable scales that are accurate). Ensure that all relevant staff are trained in mass requirements.
23 April 2024 Fairfield Local Court Defendant type: Company - AS 19800	On 1 December 2023 at approximately 8:46am, an NHVR Safety and Compliance Officer conducted a compliance check on a heavy vehicle. The vehicle consisted of a loaded 3-axle tipper and a 3-axle dog trailer. During the check, the officer weighed the vehicle, revealing a gross weight of 61.20 tonnes. This weight included severe risk breaches on all axles: the first axle at 6.85 tonnes, the second axle at 22.40 tonnes, the third axle at 11.45 tonnes, and the fourth axle at 20.50 tonnes. The officer determined that the driver's employer was responsible for the overloaded vehicle and instructed the driver to continue driving. Consequently, the Regulator charged the employer for allowing the driver to operate an overweight heavy vehicle.	Section/Act 1 x s 96(1)(c) HVNL - severe Outcome convicted Fine $5,000 Educational points Identify the mass requirements that apply to each heavy vehicle and communicate this to relevant staff, including loaders and drivers.
18 April 2024 Orange Local Court Defendant type: Company - AS 18794	The defendant company was charged with permitting a driver to drive an over length vehicle on a road. The heavy vehicle was intercepted on 19 October 2023 by NHVR Safety and Compliance Officers at Young, New South Wales. The heavy vehicle’s length was measured. The prescribed length limit of the heavy vehicle was 26 metres. The assessed length of the heavy vehicle was 26.74 metres. This is an excess length of 740 millimetres. The driver stated that he was not operating under any permit. The defendant company had a relevant court prior in 2016.	Section/Act 1 x s 102(1)(b)(iii) HVNL - severe Outcome convicted Fine $2,200 Supervisory Intervention Order (SIO) A 6-month SIO was ordered with the following conditions: training to be provided to all staff by an independent and suitably qualified training provider in respect of compliance with dimension requirements relevant to heavy vehicles. Educational points Identify the dimension requirements that apply to each heavy vehicle and communicate this to relevant staff, including loaders and drivers. Ensure that all relevant staff are trained in dimension requirements.
16 April 2024 Blacktown Local Court Defendant type: Individual - AS 12600	The defendant was charged with making a false or misleading entry in their work record. On 12 September 2023 at Huntingwood the defendant produced a National Work Diary. The defendant recorded they were the driver of a fatigue regulated heavy vehicle and that they were resting at Dubbo from 10.45pm to 11.15pm on 11 September 2023. The defendant signed the work diary page declaring it to be true and correct. Such entry being false or misleading as the vehicle was sighted by Safe-T-Cam driving north on the Mitchell Highway at Cundumbul at 10.44pm.	Section/Act s 325(1) HVNL Outcome convicted Fine $5,000 Educational points Ensure all drivers have read and understood the instructions in the front of their National Driver Work Diary. 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.
15 April 2024 Parramatta Local Court Defendant type: Company - AS 8713	On 5 February 2023 at 4:11am Authorised Officers of the NHVR detected a heavy vehicle travelling on Hume Highway which failed to enter the Marulan North Avoidance Heavy Vehicle Safety Station. On 8 February 2023, Authorised Officers sent a Notice to Produce to the registered owner of the vehicle, requesting the name and residential address of the driver of vehicle on 5 February 2023 at 4:11am. The registered operator was required to reply within 21 days. The NHVR did not receive any reply to the Notice to Produce dated 8 February 2023. On 12 April 2023, Authorised Officers sent a second Notice to Produce to the registered owner of the vehicle. The registered operator was required to reply within 14 days. The NHVR did not receive any reply to the second Notice dated 12 April 2023. The matter was before the Parramatta Local Court on the 15 April 2024. There was no appearance by the accused. The Magistrate granted leave to have the matter heard by ex parte after proof of service was tendered. The Magistrate convicted and fined the accused $10,000.	Section/Act s 570(3) HVNL Outcome convicted no prosecution fee Fine $10,000
8 April 2024 Parramatta Local Court Defendant type: Individual - AS 19579	At about 11:48am on Monday, 27 November 2023, an NHVR Safety and Compliance Officer (SCO) stopped a heavy vehicle for a compliance check because they observed the left rear door of the body was open swinging towards the nature strip and gutter, and struck the mirror of a parked articulated combination. The accused drove a rigid truck loaded with 2 x pallets of general freight. The SCO measured it and found the width was 3.65 metres due to its open left rear door. It was more than the prescribed limit of 2.50 metres. It is more than 2.50 metres plus 80 mm (2.58 metres) (severe risk breach).	Section/Act s 102(1)(b)(iii) HVNL – severe Fine $5,000 Educational points Ensure that there are policies and procedures for drivers to ensure that the vehicle is checked and locked before every journey.
5 April 2024 Goulburn Magistrates Court Defendant type: Individual - AS 20198	The defendant was intercepted by NHVR authorised officers. Upon inspection of the defendant’s work diary, the authorised officers identified a breach of the HVNL between 10:45pm on 3 December 2023 and 10:45pm on 4 December 2023 when the defendant had 5 hours of continuous stationary rest time within the 24-hour period.	Section/Act s 250(1)(b) HVNL – substantial risk Outcome convicted Fine $1,200 Prosecution fee $102 Supervisory Intervention Order (SIO) A 6-month SIO was ordered with the following conditions: At the defendant’s expense, purchase an Electronic Work Diary (EWD) within 2 months of the order being made. Report to NHVR within 2 months evidence of approved EWD and installation.
3 April 2024 Gosford Local Court Defendant type: Company - AS 24379	On 9 January 2024, Authorised Officers of the NHVR observed a heavy vehicle travelling on Pacific Highway at Mount White. The Authorised Officers intercepted the vehicle, spoke to the driver, and inspected the vehicle, its components, and its load. The accused permitted a person, to drive the vehicle from Penrith NSW to Mount White NSW The vehicle's permitted axle group mass was 16.5 tonnes. The vehicle's axle group mass was weighed at 21.8 tonnes. Taking into account the applicable mass adjustment, the vehicle's alleged axle mass was 21.3 tonnes, an excess mass of 4.8 tonnes, or an overload of 129%. The contravention of the vehicle's permitted mass resulted in a severe risk breach.	Section/Act s 96(1)(c), HVNL - severe Outcome convicted Fine $5,000 Prosecution fee $102
27 March 2024 Gosford Local Court Defendant type: Company - AS 17398	On 17 July 2023, Authorised Officers of the NHVR detected a heavy vehicle travelling Northbound on the M1 Pacific Motorway, Mt White NSW and an inspection was conducted on the vehicle. The vehicle was carrying a load of building materials and supplies on a journey from Unanderra NSW to Glendale NSW at a GVM of 25.1 tonnes. As a result of the inspection, the 1st axle group was found to weigh at 7.86 tonnes after the adjusted measurement. The permissible weight for the 1st axle group is 6.5 tonnes. The weight exceeded by 1.36 tonnes or 120.9%. Defence sought a no conviction order after providing subjective material of an apology letter and honest mistake. Prosecutor opposed no conviction due to previous conviction history for same offence and the company is still reoffending. Prosecution submitted public safety risks of vehicle braking distance diminished due to heavy axle and also wear and tear of road infrastructure when overloaded.	Section/Act s 96(1)(c), HVNL Outcome convicted Fine $8,000 Prosecution fee $102
22 March 2024 Goulburn Local Court Defendant type: Corporate - AS 12303	The defendant company was charged with permitting a driver to drive an over length vehicle on a road. The heavy vehicle was intercepted on 27 August 2023 by NHVR Safety Compliance Officers at Marulan NSW. It was measured and found to be over-length. The prescribed length limit of the heavy vehicle was 19 meters. The assessed length of the heavy vehicle was 19.68 meters.	Section/Act s 102(1)(b)(iii), HVNL - severe Outcome convicted Fine $10,000
1 March 2024 Newcastle Local Court Defendant type: Individual - AS 8857	The defendant was charged with one charge of making a false or misleading entry offence, and two fatigue related offences. The defendant did not appear at sentence. The NHVR submitted that the false and misleading entry offences masked the fatigue offences, which posed a risk to public safety. NHVR noted the defendant’s two prior HVNL convictions.	Section/Act s 325(1), HVNL s 250(1)(a), HVNL - minor s 250(1)(b), HVNL - minor Outcome convicted Fine $7,000
28 February 2024 Tweed Heads Local Court Defendant type: Individual - AS 9317	The defendant was charged with making a false or misleading entry in their work diary. The heavy vehicle was intercepted on 1 July 2023 by NHVR Safety Compliance Officers at Chinderah NSW. The defendant had made a false and misleading entry in their work diary where they recorded they were resting at a time they were working as evidenced by the production of a weighbridge docket.	Section/Act s 325(1), HVNL Supervisory Intervention Order (SIO) An SIO was ordered with the following conditions: purchase and installation of an Electronic Work Diary (EWD).
28 February 2024 Tweed Heads Local Court Defendant type: Individual - AS 8591	The defendant was charged with “solo driver work more than standard maximum time critical risk”. On 27 April 2023 the defendant was intercepted by NHVR Safety Compliance Officers at Chinderah. An inspection of the defendant’s work diary found that between 10:15pm on 24 April 2023 and 10:15pm on 25 April 2023 the defendant had worked for 14 hours and 30 minutes. The maximum work time in any 24 hour period is 12 hours. The defendant had two prior work diary offences.	Section/Act s 250(1)(a), HVNL Outcome convicted Fine $650 Supervisory Intervention Order (SIO) An SIO was ordered with the following conditions: to complete fatigue management training course TLIF005 – with an accredited training provider approved by the NHVR.
23 February 2024 Goulburn Local Court Defendant type: Individual - AS 7333	The defendant was convicted by the court on 16 charges contrary to the HVNL. The charges were a number of obstructing an authorised officer, failure to provide a licence or work diary, failure to comply with direction to not move a vehicle, failure to comply with the requirement to provide journey information, failure to record information in a work diary.	Section/Act 4 x s 584, HVNL 4 x s 568(3)(a), HVNL 1 x s 568(3)(b), HVNL 1 x s 570(3), HVNL 1 x s 297(2), HVNL 1 x s 332, HVNL 1 x s 514(3), HVNL 1 x s 529, HVNL 1 x s 570, HVNL Road Rule 300 (NSW) Outcome convicted Fine $45,000 Other orders Conditional Release Order (CRO) with conviction for a term of 12 months.
21 February 2024 Belmont Local Court Defendant type: Company - AS 15261	The defendant company was charged with permitting a driver to drive an over mass heavy vehicle on a road. The heavy vehicle was intercepted on 29 September 2023 by NHVR Safety Compliance Officers at Botany, NSW. It was weighed and was found to be over-mass. The assessed gross mass was 11.9 tonnes with the allowable mass limit being 8.7 tonnes. This was a severe risk breach and was 136.78% of the permissible mass.	Section/Act s 96(1)(c), HVNL - severe Outcome convicted Fine $5,000
14 February 2024 Gosford Local Court Defendant type: Company - AS 9516	The Defendant company was charged with permitting a driver to drive an over length vehicle on a road. The heavy vehicle was intercepted on 30 June 2023 by NHVR Safety Compliance Officers at Mount White NSW. It was measured and was found to be over-length. The prescribed length limit of the heavy vehicle was 26 meters. The assessed length of the heavy vehicle was 26.64 meters.	Section/Act s 102(1)(b)(iii), HVNL - severe Outcome convicted Fine $9,000 Supervisory Intervention Order (SIO) An SIO was ordered with the following conditions: training and education.
13 December 2023 Tweed Heads Local Court Defendant type: Individual - AS 9584	The defendant was charged with one count of a solo driver resting less than the standard rest time (critical risk).	Section/Act s 250(1)(b), HVNL - critical Fine $750 Supervisory Intervention Order (SIO) An SIO was ordered with the following conditions: training, purchase and installation of an Electronic Work Diary (EWD).
8 December 2023 Goulburn Local Court Defendant type: Individual - AS 9428	In the 24-period from 7.00pm on 20 July 2023 and 7.00pm on 21 July 2023 the offender did work for 16 hours and 45 minutes. Maximum work hours permitted 12 hours. In the 24-hour period 7.00pm 20 July 2023 to 7.00pm 21 July 2023 the offender did rest for 5 hours. Minimum required rest hours is 7 hours. In the 24-period from 7.00pm 24 July 2023 and 7.00pm 25 July 2023 the offender did work for 14 hours and 45 minutes. Maximum work hours permitted 12 hours. In the 24-hour period 5.00pm 27 July 2023 to 5.00pm 28 July 2023 the offender did rest for 4 hours. Minimum required rest hours is 7 hours	Section/Act s 250(1)(a), HVNL Outcome convicted Fine $3,900 Supervisory Intervention Order (SIO) An SIO was ordered with the following conditions: purchase and installation of an Electronic Work Diary (EWD).
8 December 2023 Parramatta Local Court Defendant type: Individual - AS 8469	A heavy vehicle was detected travelling between Safe-T-Cam sites in less than the allowable travel time. The accused worked 15 hours 15 minutes when maximum permitted work time was 12 hours in any 24-hour period. The accused rested 3 hours when minimum continuous rest required was 7 hours in any 24-hour period. The accused failed to appear and was convicted and sentenced in their absence.	Section/Act s 251(1)(a), HVNL s 251(1)(b), HVNL Fine $10,000
7 December 2023 Parramatta Local Court Defendant type: Individual - AS 9550	In a 24-hour period the prescribed standard maximum work time was 12 hours. The offender worked a total of 14 hours. The offender had a history of non-compliance with the HVNL.	Section/Act s 250(1)(a), HVNL Outcome convicted Fine $6,000 Supervisory Intervention Order (SIO) An SIO was ordered with the following conditions: complete education, namely training course TLIF0005 - Apply a fatigue risk management system; and purchase and installation of an Electronic Work Diary (EWD).
7 December 2023 Parramatta Local Court Defendant type: Corporate - AS 8449	The defendant company was charged with permitting a driver to drive an over mass heavy vehicle on a road. The heavy vehicle was intercepted on 4 May 2023 by NHVR Safety Compliance Officers at Villawood NSW. It was weighed and was found to be over mass. The first axle group weighed 8.25 tonnes with the allowable mass limit being 6.5 tonnes. This was a severe risk breach and was 126.92% of the permissible weight for that axle group.	Section/Act s 96(1)(c), HVNL - severe Outcome convicted Fine $25,000
7 December 2023 Oberon Local Court Defendant type: Individual - AS 13257	Driver rested 4 hours when the minimum continuous stationary rest required was 7 hours in any 24-hour period.	Section/Act s 250(1)(b), HVNL Fine $5,500
30 November 2023 Parramatta Local Court Defendant type: Individual - AS 8874	The defendant was charged with two counts of solo driver works more than standard maximum time (critical risk); one count of a solo driver resting less than the minimum time (critical risk); and one count of a solo driver resting less than the minimum time (severe risk).	Section/Act s 250(1)(a), HVNL - critical s 250(1)(b), HVNL - severe Fine $2,500 Supervisory Intervention Order (SIO) SIO was ordered.
29 November 2023 Gosford Local Court Defendant type: Individual - AS 9618	The accused was the driver of a heavy vehicle with a gross vehicle mass (GVM) exceeding 12 tonnes, constituting a fatigue regulated heavy vehicle. In the 24-hour period, the prescribed Basic Fatigue Management (BFM) minimum continuous rest time was 7 hours. The longest period of continuous rest achieved by the accused was 3 hours and 30 minutes.	Section/Act s 254(1)(b), HVNL Outcome convicted Fine $7,000 Supervisory Intervention Order (SIO) A 6-month SIO was ordered with the following conditions: training, purchase and installation of an Electronic Work Diary; and compliance with monitoring and compliance obligations.
29 November 2023 Tweed Heads Local Court Defendant type: Individual - AS 8590	The offender recorded that they were resting from 10pm on 23 April 2023 until 5pm on 24 April 2023. The vehicle driven by the offender was detected by a traffic enforcement device at 6:36am and 2:08pm on 24 April 2023. The offender recorded that they were resting from 4:45am on 25 April 2023 to 6pm on 26 April 2023. The accused made admissions to commencing work at 7:30am on 26 April 2023. The offender produced a delivery docket confirming they collected goods for delivery at 11am on 26 April 2023.	Section/Act s 325(1), HVNL Outcome convicted Fine $300 Supervisory Intervention Order (SIO): A 6-month SIO was ordered with the following conditions: must complete education, namely training course TLIF0005 - Apply a fatigue risk management system provided by an accredited training provider; and purchase and commence using an EWD within one month.
29 November 2023 Tweed Heads Local Court Defendant type: Individual - AS 7824, 8617	As part of a compliance check Authorised Officers inspected the accused’s work diary and detected seven fatigue offences between 21 March 2023 and 11 April 2023. The defendant entered pleas of guilty to all seven offences.	Section/Act s 250(1)(a), HVNL s 250(1)(b), HVNL Outcome convicted Fine $3,300 Supervisory Intervention Order (SIO) A 6-month SIO was ordered with the following conditions: purchase and installation of an Electronic Work Diary; and compliance with monitoring and compliance obligations.
29 November 2023 Tenterfield Local Court Defendant type: Individual - AS 7501	The defendant was charged with one count of a solo driver working more than the standard maximum time (critical risk). The defendant had two previous heavy vehicle offences - driving an unregistered heavy vehicle and following too closely in a heavy vehicle.	Section/Act s 250(1)(a), HVNL s 325(1), HVNL s 296(1), HVNL Fine $22,300
24 November 2023 Goulburn Local Court Defendant type: Individual - AS 8793	The accused failed to exit the Hume Highway and enter the Marulan North Heavy Vehicle Safety Station (“HVSS”). After the accused failed to enter the HVSS, the vehicle stopped in lane one of the Hume Highway adjacent to the HVSS. The vehicle commenced reversing along the road, against the flow of traffic. The accused brought the vehicle to a complete stop after reversing continuously for some time. As the driver manoeuvred the vehicle to a position that would allow them to enter the HVSS, the vehicle crossed into lane two on more than one occasion. On at least one occasion, the vehicle was positioned simultaneously across lane one, two and the shoulder of the road. During the incident 20 light vehicles passed the reversing combination with all taking evasive action to maintain separation. One vehicle was towing a trailer.	Section/Act s 117(2), Road Transport Act s 117(1)(c), Road Transport Act Outcome conviction arrest warrant issued.
23 November 2023 Parramatta Local Court Defendant type: Individual - AS 8871	On 14 June 2023 at Pemulwuy in NSW, NHVR Authorised Officers detected a white Western Star Prime Mover towing a trailer on Bellevue Crt that was over width where the prescribed allowable width was 2.5 meters and the assessed width was 2.58 meters. This constituted a severe risk breach.	Section/Act s 102(1)(b), HVNL - severe Outcome convicted Fine $6,000
23 November 2023 Parramatta Local Court Defendant type: Individual - AS 8076	A solo driver worked more than the standard maximum time under fatigue laws.	Section/Act s 250(1)(a), HVNL - critical Outcome charge withdrawn Enforceable Undertaking (EU) proposed.
10 November 2023 Goulburn Local Court Defendant type: Corporate - AS 8341	The company permitted a driver to drive a heavy vehicle with non-compliant dimensions.	Section/Act s 102(1)(b), HVNL Supervisory Intervention Order (SIO) An SIO was ordered with the following conditions: must complete education and training.
7 November 2023 Coffs Harbour Local Court Defendant type: Individual - AS 8665	The Defendant submitted Work Diary records for inspection in accordance with the Law. The Work Diary records stated that the Defendant recorded a rest break at Yatala, Queensland at 4:00am on 31 May 2023. However, a Safe-T-Cam sighting at Tweed Heads, New South Wales detected the Defendant’s heavy vehicle at 4:26am on 31 May 2023. The Defendant made a false and misleading entry into their Work Diary.	Section/Act s 325(1), HVNL Outcome convicted Fine $500 Supervisory Intervention Order (SIO): A 6-month SIO was ordered with the following conditions: installation of an Electronic Work Diary; and compliance with monitoring and compliance obligations.
6 November 2023 Gosford Local Court Defendant type: Individual - AS 7078	The defendant was charged with one count of driving while disqualified. This was the driver's first offence under s.54(1) of the Road Transport Act.	Section/Act s 54(1), Road Transport Act Outcome arrest warrant issued.
6 November 2023 Hay Local Court Defendant type: Individual - AS 8720	The defendant was driving a heavy vehicle which was intercepted by Authorised Officers for an inspection. Upon inspection, Authorised Officers detected a breach of the defendant’s Work Diary where the defendant had worked for a total of 18 hours and 30 minutes, when the maximum permissible work hours are 14 hours under basic fatigue management. This breach constituted a critical risk breach.	Section/Act s 254(1)(a), HVNL – critical Outcome convicted Fine $4,000 Supervisory Intervention Order (SIO) A 6-month SIO was ordered with the following conditions: installation of an Electronic Work Diary; and compliance with monitoring and compliance obligations.
1 November 2023 Sydney Downing Centre Local Court Defendant type: Corporate - AS 4111	Authorised Officers investigated the Company which revealed 543 contraventions of the Law. Amongst those offences, Authorised Officers detected: 44 work and rest offences; 93 false or misleading offences; and 406 speeding offences. The Company breached its duty to ensure the safety of their transport activities by failing to take reasonably practicable measures to ensure these offences were not committed.	Section/Act s 26H, HVNL – Primary Duty – Category 3 Outcome convicted Fine $65,000 Supervisory Intervention Order (SIO) A 12-month SIO was ordered with the following conditions: appointment of a Chain of Responsibility consultant; develop a Speed Management Policy; fatigue management training for all employees; drivers to transition to basic fatigue management working conditions; undertake regular drug and alcohol testing; and purchase and use of Electronic Work Diaries for all drivers.
20 October 2023 Goulburn Local Court Defendant type: Individual - AS 7633	The offender made admissions under caution that they had driven their vehicle during the period recorded as rest on two occasions.	Section/Act 2 x s 325(1), HVNL Outcome non-conviction s 10(1)(a), Crimes Sentencing Act Supervisory Intervention Order (SIO) A 6-month SIO was ordered with the following conditions: complete fatigue management training; and comply with monitoring obligations.
19 October 2023 Parramatta Local Court Defendant type: Individual - AS 8735	The National Heavy Vehicle Regulator detected offences via Safe-T-Cam. Upon inspection, Authorised Officers issued a Notice to Produce to the defendant. The defendant complied with the Notice to Produce and offences were confirmed for fatigue related breaches. The breaches were that the defendant had, in a 24-hour period, a maximum continuous rest break of 5 hours and 15 minutes. The legal requirement is a 7-hour continuous rest break in a 24-hour period.	Section/Act s 250(1)(b), HVNL - critical Outcome convicted Fine $5,000
19 October 2023 Parramatta Local Court Defendant type: Individual - AS 8131	In a two-month period, two heavy vehicles registered to the individual were detected by Safe-T-Cameras. Safe-T-Cameras detected the heavy vehicles to have committed a fatigue offence. As a result of the detected offences, 6 compulsory notices were issued to the individual requesting details of the driver where no notices were responded.	Section/Act 6 x s 569(2), HVNL Outcome convicted Heavy vehicle registration suspension. The registration of the two heavy vehicles detected as having committed fatigue offences were suspended for a period of six weeks. Fine $6,000
16 October 2023 Albury Local Court Defendant type: Individual - AS 8848	The defendant was driving a heavy vehicle and was instructed to pull over for an inspection. Upon inspection, Authorised Officers detected a breach in the defendant’s Work Diary where the defendant had 4-and-a-half-hours continuous rest in a 24-hour period. The breach constituted a critical risk breach.	Section/Act s 254(1)(b), HVNL - critical Outcome convicted Fine $1,500 Supervisory Intervention Order (SIO) A 9-month SIO was ordered with the following conditions: engage in fatigue management system by an accredited provider; purchase and use of an Electronic Work Diary; and comply with monitoring obligations
13 October 2023 Gundagai Local Court Defendant type: Individual - AS 8216	The defendant was intercepted by Authorised Officers and a routine inspection commenced. Upon inspection, Authorised Officers asked for the defendant’s Work Diary which the defendant did not possess; however, supplementary Work Diary sheets were provided. Authorised Officers inspected the supplementary Work Diary sheets which were deemed false and misleading entries as Safe-T-Camera entries detected the heavy vehicle at different locations.	Section/Act 2 x s 325(1), HVNL 1 x s 293(1), HVNL Outcome convicted Fine $8,000 Supervisory Intervention Order (SIO) A 12-month SIO was ordered with the following conditions: must purchase and use a Work Diary or an Electronic Work Diary.
12 October 2023 Wollongong Local Court Defendant type: Individual - AS 7863	A heavy vehicle was intercepted by Authorised Officers for a compliance check. Upon inspection, Authorised Officers detected two offences, an over width and over mass. The prescribed width limit to the heavy vehicle was 2.5-meters, and the assessed width of the heavy vehicle was 2.625 meters. The offence constituted a severe risk breach. The prescribed mass limit over the first axle group applicable to the vehicle was 6 tonnes, and the assessed axle mass was 7.40 tonnes. This amounted to 118% of the maximum mass permitted which constituted a substantial risk breach.	Section/Act s 96(1)(b), HVNL - substantial s 102(1)(b)(iii), HVNL - severe Outcome convictions recorded on both offences with no other penalty. Supervisory Intervention Order (SIO) A 6-month SIO was ordered with the following conditions: mass and load restraint training; and comply with monitoring obligations.
10 October 2023 Glenn Innes Local Court Defendant type: Individual - AS 7668	The accused was charged with three counts of make false or misleading entry in Work Diary. Authorised Officers intercepted a heavy vehicle which the defendant was the operator. Upon inspection, Authorised Officers identified numerous breaches. For the three offences, the defendant recorded that he was resting; however, Safety-Cameras detected the heavy vehicle travelling at the times the defendant recorded as rest.	Section/Act 3 x s 325(1), HVNL Outcome convicted Fine $900 Supervisory Intervention Order (SIO) A 6-month SIO was ordered with the following conditions: complete fatigue management training; and obtain and use an Electronic Work Diary.
27 September 2023 Gosford Local Court Defendant type: Corporate - AS 7615, 8607	The defendant was charged with permitting a heavy vehicle to be driven while over mass on two separate occasions. On one occasion, Authorised Officers intercepted a heavy vehicle which was registered to the Company. The alleged mass was 107.82 tonnes, 226.99% of the maximum permissible general mass limit. On the second occasion, Authorised Officers intercepted a heavy vehicle which was registered to the Company. On this occasion, the heavy vehicle was over mass on the second axle group which was 20.46 tonnes or a mass equalling 124% of the maximum permissible general mass limit. Both offences were severe risk breaches.	Section/Act s 96(1)(c), HVNL – severe. Outcome convicted Fine $11,000
26 September 2023 Grafton Local Court Defendant type: Corporate - AS 5467	A heavy vehicle combination was intercepted by Authorised Officers. Upon inspection, Authorised Officers detected that the heavy vehicle’s trailer tri-axle mass exceeded the prescribed mass limit by 4.84 tonnes. The tri-axle was loaded at 124.20% of its permitted mass. The driver advised he had not received training for loading heavy vehicles from the corporate defendant and had no means of weighing the heavy vehicle.	Section/Act s96(1)(c), HVNL – severe. Outcome convicted $750 fine. Supervisory Intervention Order (SIO) A 6-month SIO was ordered with the following conditions: training for all staff and senior management in mass and dimension requirements the company must install equipment to monitor and manage compliance with mass and dimension requirements.
22 September 2023 Goulburn Local Court Defendant type: Individual - AS 8826, 8941, 9023, 9274	The defendant was a repeat offender whom was stopped and inspected by Authorised Officers on numerous occasions. Upon inspection, Authorised Officers detected the defendant had deliberately not filled in their Work Diary.	Section/Act 11 x s 250(1)(b), HVNL – critical Outcome convicted Fine $11,000 Supervisory Intervention Order (SIO) A 12-month SIO was ordered with the following conditions: engage in fatigue management training; and must purchase and use an Electronic Work Diary.
22 September 2023 Goulburn Local Court Defendant type: Individual - AS 7576	The top barge on the trailer filled with 4 tonne of water after being left out in the weather, putting the load over when stopped at Marulan.	Section/Act s93(1)(c), HVNL – severe Outcome convicted Supervisory Intervention Order (SIO) A 12-month SIO was ordered.
21 September 2023 Campbelltown Local Court Defendant type: Individual - AS 8779	A heavy vehicle was intercepted by Authorised Officers. Upon inspection, Authorised Officers detected a fatigue related breach in the defendant’s Work Diary for working more than the maximum hours.	Section/Act s250(1)(a), HVNL – critical Outcome convicted $2,000 fine Supervisory Intervention Order (SIO) A 9-month SIO was ordered with the following conditions: to purchase and use an Electronic Work Diary to comply with reporting and monitoring obligations.
21 September 2023 Parramatta Local Court Defendant type: Individual - AS 8037	The defendant was detected via Safe-T-Cam monitoring. For two offences, the defendant was detected to be driving for a 52-hour period, where 10 hours continuous rest is the mandatory time. However, the defendant’s longest rest was 5 hours and 45 minutes for one charge, and 4 hours and 30 minutes for the second charge. These offences were in the critical fatigue category.	Section/Act 2 x s 251(1)(b), HVNL – critical Outcome convicted on both charges Fine $9,750
21 September 2023 Parkes Local Court Defendant type: Individual - AS 7948 (SIO) and AS 8605	Authorised Officers intercepted a heavy vehicle which was operated by the defendant and carried out an inspection. Upon inspection, Authorised Officers detected four fatigue related offences in the defendant’s Work Diary. For one of the offences, the defendant’s longest continuous rest period was five hours, and three offences where the defendant exceeded the permissible maximum hours work hours. All four offences were in the critical risk category.	Section/Act 1 x s 250(1)(b), HVNL – critical; 3 x s 250(1)(a), HVNL – critical. Outcome convicted Fine $4,800 Supervisory Intervention Order (SIO) A 6-month SIO was ordered with the following conditions: complete a fatigue management course with an accredited training provider; and comply with monitoring obligations.
21 September 2023 Parramatta Local Court Defendant type: Individual - AS 7660	The defendant was intercepted by Authorised Officers at a Heavy Vehicle Safety Station. Upon inspection, Authorised Officers detected a fatigue related offence where the defendant had rested for 4 hours and 45 minutes in a 24-hour period. This placed the offence in the critical category.	Section/Act s 250(1)(b), HVNL – critical Outcome convicted Fine $5,000
21 September 2023 Goulburn Local Court Defendant type: Individual - AS 7444	The defendant was intercepted by Authorised Officers. Upon inspection, Authorised officers detected two fatigue breached in the defendant’s Work Diary. The offences were less than the required rest, where the defendant had 4 hours and 15 minutes in a 24-hour period; and had worked for 14 hours and 15 minutes in a 24-hour period. These constituted critical risk breach.	Section/Act s 250(1)(a), HVNL – critical s 250(1)(b), HVNL – critical Outcome convicted Fine $1,000 Supervisory Intervention Order (SIO) A 9-month SIO was ordered with the following conditions: complete fatigue management training; must purchase and use an Electronic Work Diary.
19 September 2023 Cootamundra Local Court Defendant type: Individual - AS 8524	The defendant was driving a heavy vehicle which was intercepted by Authorised Officers. Upon inspection, Authorised Officer identified two breaches of the defendant’s Work Diary where the defendant worked more than the standard maximum rest time; and rested less than the minimum required time. This was the defendant’s fourth breach for fatigue related offences.	Section/Act s 250(1)(a), HVNL – critical s 250(1)(b), HVNL – critical Outcome convicted 12-month conditional release order Fine $2,000 Supervisory Intervention Order (SIO) A 6-month SIO was ordered with the following conditions: the defendant must purchase an approved Electronic Work Diary; and must provide his Work Diary pages for monitoring and compliance for the term of the SIO.
18 September 2023 Wyong Local Court Defendant type: Corporation - AS 8529	A heavy vehicle was stopped by Authorised Officers and inspected. The inspection revealed that the heavy vehicle was carrying excavation equipment and was over mass on its second axel by 21%, and 55% on its third axle. As such, this amounted to contravention of the law, whereby the defendant Company permitted the offence to occur.	Section/Act 2 x s 96(1)(c), HVNL – severe Outcome convicted Fine $15,000
8 September 2023 Goulburn Local Court Defendant type: Individual - AS 7944	The offender was intercepted by Authorised Officers at Marulan Heavy Vehicle Safety Station. Upon inspection, Authorised Officers identified two fatigue related breaches when the offender had worked for 17 hours and 30 minutes and had only 2 hours and 45 minutes of continuous rest. The Authorised Officers identified a further fatigue related breach when the offender had 5 hours and 15 minutes of continuous stationary rest time.	Section/Act 2 x s250(1)(a), HVNL – critical 1 x s250(1)(b), HVNL – severe Outcome convicted Fine $10,500
8 September 2023 Goulburn Local Court Defendant type: Corporate - AS 6805	A heavy vehicle was intercepted by Authorised Officers. Upon inspection, Authorised Officers detected a breach with the vehicle’s load which exceeded the permissible length and thereby constituted a breach. The defendant had three prior convictions for similar offences.	Section/Act s 102(1)(b)(iii), HVNL – severe Outcome convicted Fine $5,000
7 September 2023 Parramatta Local Court Defendant type: Individual - AS 7276	A heavy vehicle was intercepted by Authorised Officers. Upon inspection, Authorised Officers detected that the heavy vehicle was over mass on the second axle group. The vehicle's mass over the second axle group was 19.90 tonnes, an excess mass of 3.4 tonnes, which equated to an overload of 120%.	Section/Act s 96(1)(c), HVNL – severe Outcome convicted Fine $5,000 Supervisory Intervention Order (SIO) A 6 month SIO was ordered with the following condition: to undertake training in respect of mass requirements as relevant to heavy vehicles.
6 September 2023 Gosford Local Court Defendant type: Company - AS 7988	A heavy vehicle was intercepted by Authorised Officers. Upon inspection, Authorised Officers detected a severe mass breach. The driver of the heavy vehicle didn’t know the vehicle, the mass limits, nor the weight of the vehicle prior to the driver’s journey. The heavy vehicle was registered to a Company which has had three prior mass related recorded offences.	Section/Act s96(1)(c), HVNL – severe Outcome convicted Fine $5,000 Supervisory Intervention Order (SIO) A 6-month SIO was ordered with the following conditions: all management to receive training for mass compliance installation of mass equipment.
6 September 2023 Gosford Local Court Defendant type: Corporation - AS 8594	A heavy vehicle was intercepted and pulled over by Authorised Officers whom inspected the vehicle. Upon inspection, Authorised Officers discovered a severe category mass breach was detected. There was a gross mass breach of 8.8 tonnes, where the prescribed allowable mass was 6 tonnes, which was an overload of 146.6%.	Section/Act s96(1)(c), HVNL – severe Outcome convicted Fine $7,000
31 August 2023 Lithgow Local Court Defendant type: Individual - AS 7067	A heavy vehicle was intercepted by Authorised Officers. After the interception, Authorised Officers conducted an inspection of the vehicle and the driver’s work diary. Authorised Officers identified a breach where the accused had worked more than the permitted 12 hours in any 24-hour period.	Section/Act s250(1)(a), HVNL – critical Outcome convicted Fine $1,000 Supervisory Intervention Order (SIO) A 12-month SIO was ordered with the following conditions: purchase and use of an Electronic Work Diary monitoring and compliance obligations.
31 August 2023 Cessnock Local Court Defendant type: Individual - AS 6433	A heavy vehicle was intercepted by Authorised Officers and then inspected. After the inspection, it was observed that the assessed mass of the heavy vehicle’s third axle group was 20.00 tonnes, or a mass equalling 121%, of the permitted maximum mass which made the offence a severe risk breach.	Section/Act s96(1)(c), HVNL – severe Outcome convicted Fine $4,500
30 August 2023 Tweed Heads Local Court Defendant type: Individual - AS 6289	A heavy vehicle was intercepted by Authorised Officers. Upon inspection, Authorised Officers noticed a severe category dimension breach. The length of the vehicle had an assessed length of 26.8 metres, where the prescribed allowable length was 26.0 metres.	Section/Act s102(1)(b)(iii), HVNL – severe Outcome convicted Fine $1,200 Supervisory Intervention Order (SIO) A 6-month SIO was ordered with the following conditions: installation of dimension equipment within three months comply with ongoing monitoring and compliance requirements.
29 August 2023 Taree Local Court Defendant type: Individual - AS 7603	A heavy vehicle was intercepted by Authorised Officers at Jones Island Heavy Vehicle Safety Station. Upon inspection of the accused’s National Driver Work Diary, Authorised Officers detected multiple breaches of the defendant’s work and rest hours over a 24-day period. The detected offences were in the critical risk category.	Section/Act s250(1)(a), HVNL – critical s250(1)(b), HVNL – critical Outcome convicted Fine $5,500 total fines
25 August 2023 Lithgow Local Court Defendant type: Individual - AS 6308	A heavy vehicle was intercepted by Authorised Officers. Upon inspection by Authorised Officers, a breach was detected in the driver’s Work Diary. That breach indicated that the driver had worked 14 hours and 15 minutes in the 24-hour period. The offender was only permitted to work 12 hours.	Section/Act s250(1)(a), HVNL – critical Outcome Conditional Release Order (CRO) without conviction for 6 months. Supervisory Intervention Order (SIO) A 12-month SIO was ordered with the following conditions: engage an accredited provider for Advanced Fatigue Management obtain a Multi Combination class licence.
17 August 2023 Lithgow Local Court Defendant type: Individual - AS 6568	Authorised officers observed the offender to be incoherent and difficult to understand. The offender had continued to drive for one-hour after the end of a 24-hour period where he had worked for 14 hours and 30 minutes.	Section/Act s250(1)(a), HVNL – critical s228(1), HVNL Outcome convicted Fine $4,000 Supervisory Intervention Order (SIO) A 12-month SIO was ordered with the following conditions: complete training for fatigue management system must purchase and using an Electronic Work Diary.
15 August 2023 Katoomba Local Court Defendant type: Operator - AS 5271	A heavy vehicle was intercepted by Authorised officers at a Heavy Vehicle Safety Station. The driver of the vehicle was operating under the Class 1 Oversize Notice. The vehicle's permitted length was 19 metres; however, the vehicle was measured at 21.8 metres, and considering adjustments, the vehicle was 0.7 metres oversize.	Section/Act s102(1)(b)(iii), HVNL – severe Outcome convicted Fine $500 Supervisory Intervention Order (SIO) A 3-month SIO was ordered with the following conditions: all staff and management are to engage in training for oversize and overmass requirements provide signed documents for load and dimension exemptions host ‘toolbox talks’ for oversize overmass vehicles and their requirements comply with monitoring obligations.
11 August 2023 Goulburn Local Court Defendant type: Individual - AS 7634	A heavy vehicle was intercepted by Authorised Officers. Upon inspection, Authorised Officers completed a compliance check and noticed a breach in the defendant’s Work Diary. The breach indicated the defendant had worked 14-and- a-half hours in a 24-hour period, when the maximum allowable hours are 12 hours.	Section/Act s250(1)(a), HVNL – critical Outcome convicted Fine $2,000 Supervisory Intervention Order (SIO) A 6-month SIO was ordered with the following conditions: engage in fatigue management training.
10 August 2023 Parkes Local Court Defendant type: Individual - AS 7563	A heavy vehicle was intercepted by Authorised Officers for a compliance check. In accordance with the compliance check, the defendant’s Work Diary was inspected and an offence was detected. The offence was that the defendant had worked 16 hours where the prescribed allowable maximum time was 12 hours.	Section/Act s250(1)(a), HVNL – critical Outcome no conviction a Conditional Release Order (CRO) for good behaviour and to appear before the court if required. Supervisory Intervention Order (SIO) A 6-month SIO was ordered with the following conditions: undertake fatigue management training.
8 August 2023 Blacktown Local Court Defendant type: Individual - AS 7430	The defendant was charged with one count of solo driver rest less than standard minimum rest time – critical risk. This was the third time that the defendant had breached the HVNL. The NHVR applied to the Court for a Supervisory Intervention Order on this basis, which was granted by the Magistrate whom noted the defendant had been proactive in his approach to rehabilitation.	Section/Act s250(1)(b) HVNL – critical Outcome convicted Fine $1,000 $306 court costs Supervisory Intervention Order (SIO) A six-month SIO was ordered with the following conditions: engage in fatigue management training purchase and use of an Electronic Work Diary comply with reporting and monitoring to the NHVR for the duration of the Order.
7 August 2023 Hay Local Court Defendant type: Individual - AS 7486	A heavy vehicle was pulled over and inspected by Authorised Officers. Upon inspection, the vehicle's length was measured at 26.6 metres when it’s permitted length was 25 metres. Taking into account the applicable dimension adjustment, the vehicle's alleged length was 26.5 metres, an excess length of 1.5 metres. The contravention of the vehicle's permitted length resulted in a severe risk breach.	Section/Act s102(1)(b)(iii), HVNL – severe Outcome convicted Fine $5,910
7 August 2023 Moree Local Court Defendant type: Individual - AS 6557	Authorised Officers intercepted a heavy vehicle. Upon inspection of the heavy vehicle, Authorised Officers detected that the heavy vehicle was measured at 38.9 metres when vehicle’s permissible length was 36 metres. Taking into account the applicable dimension adjustment, the vehicle's alleged length was 38.6 metres, an excess length of 2.1 metres	Section/Act s102(1)(a), HVNL – severe Outcome convicted Fine $600 $102 court costs. Supervisory Intervention Order (SIO) A six-month SIO was ordered with the following condition: to undertake dimension training by an NHVR approved training provider within three-months.
21 July 2023 Parramatta Local Court Defendant type: Corporate - AS 8009	A heavy vehicle was detected at a Heavy Vehicle Safety Station and the registered owner of the vehicle was sent a Notice to Produce for the driver’s Work Diary. The defendant company didn’t respond to the Notice to Produce and failed to provide a reasonable excuse.	Section/Act: s 570(3), HVNL Fine: $9,000
21 July 2023 Goulburn Local Court Defendant type: Individual - AS 7617	Authorised Officers intercepted a heavy vehicle which the accused was driving. Upon inspection, the Authorised Officers detected two fatigue related offences in the accused’s Work Diary. The accused had rested for approximately five hours on both occasions which is less than the required minimum time.	Section/Act 2 x s 254(1)(b), HVNL - critical Fine $2,700 $204 filing fee Supervisory Intervention Order (SIO) 12 months with the following conditions: undertake fatigue risk management training.
20 July 2023 Kempsey Local Court Defendant type: Individual - AS 6679	A heavy vehicle was intercepted at Pine Creek Heavy Vehicle Safety Station. Upon inspection of the driver’s National Driver Work Diary, NHVR Authorised Officers detected 3 false or misleading entries where the vehicle was sighted by Safe-T-Cameras to be driving at a time the driver recorded they were resting.	Section/Act s 325(1), HVNL Fine $306 filing fee Outcome non-conviction – with a Conditional Release Order for 12 months. Supervisory Intervention Order (SIO) 12 months with the following conditions: purchase and use of an Electronic Work Diary; and monthly monitoring and compliance to the NHVR.
18 July 2023 Parramatta District Court Defendant type: Individual - appeal - AS 8809	The accused appealed the severity of their sentence on the following charge: charge 1: Drive heavy vehicle not comply mass requirements – severe risk. Sentence imposed at Liverpool Local Court: conditional release order for a period of 24 months pursuant to s9(1)(b) of the Crimes (Sentencing Procedure) Act 1999.	Section/Act s 96(1)(c), HVNL - severe Fine $102 filing fee Outcome Charge 1: Appeal Allowed. Regarding sentence: Conditional release order for a period of 12 months pursuant to s 9(1)(b) of the Crimes (Sentencing Procedure) Act 1999.
12 July 2023 Gosford Local Court Defendant type: Individual - AS 8058	The accused drove a fatigued related heavy vehicle. Within a 24-hour period, the accused worked for 14 hours and 45 minutes continuously, when the maximum hours are 12-hours and thereby committing a critical risk breach.	Section/Act s 250(1)(a), HVNL - critical Fine $5,000
12 July 2023 Gosford Local Court Defendant type: Individual - AS 6503	The accused drove a fatigued related heavy vehicle. Within a 24-hour period the longest recorded continuous rest was 4 hours and 30 minutes, whereby 7 hours continuous rest is required.	Section/Act s 250(1)(b), HVNL - critical Fine $5,000
7 July 2023 Goulburn Magistrates Court Defendant type: Company - AS 7934	A vehicle consisting of a prime moving towing a trailer was inspected at an Authorised Inspection Station. The assessed mass of the vehicle’s third axle exceeded its allowable mass limit, equalling 124% of the maximum permitted mass. The defendant company had a history of offending which involved exceeding permitted mass limits dating back to 2015, and faced a maximum penalty of over $70,000.	Section/Act s 96(1)(c), HVNL Fine $2,250 $102 filing fee Supervisory Intervention Order (SIO) 6 months with the following conditions: directors, senior management and responsible persons for the operations of vehicles are required to undergo training pertaining to mass and safety.
7 July 2023 Goulburn Local Court Defendant type: Individual - AS 4833	Authorised officers intercepted a heavy vehicle, spoke to the driver, and inspected the accused’s Work Diary. Authorised officers found 20 fatigue, false and misleading and Work Diary offences.	Section/Act 13 x s 325, HVNL - minor, severe and critical 3 x s 301(c), HVNL 2 x s 250(1)(b), HVNL 1 x s 301(g), HVNL 1 x s 250(1)(a), HVNL Fine $6,832 Supervisory Intervention Order (SIO) 12 months with the following conditions: the purchase and use an Electronic Work Diary; and compliance with monitoring and reporting of Electronic Work Diary to the NHVR.
4 July 2023 Bathurst Local Court Defendant type: Corporation - AS 7201	The width of the vehicle’s load was permitted to be 2.5 metres. The measured width was 2.76 metres. The offender was operating under the New South Wales Class 3 Baled Commodities Dimension Exemption Notice 2022. As this was breached, the allowable width returned to 2.5 metres resulting in a severe breach.	Section/Act s 102(1)(b)(iii), HVNL - severe Fine $5,000
22 June 2023 Liverpool Local Court Defendant type: Corporation - AS 4663	A heavy vehicle was intercepted on Victoria St, Wetherill Park in by Authorised Officers. The vehicle’s mass exceeded the mass limit and the vehicle was found to exceed the dimension limit. The driver advised that while the heavy vehicle had weight scales fitted, they weren’t working properly.	Section/Act s 96(1)(c), HVNL s 102(1)(b)(iii), HVNL Fine $30,000 $204 court costs
22 June 2023 Liverpool Local Court Defendant type: Corporation - AS 4126	A breach of the primary duty (category 3) which can be categorised as: mass breaches – a failure to implement effective systems and procedures to ensure that heavy vehicles operated by the company were not over their permissible mass limits; and defects – a failure to implement effective systems and procedures to maintain, service and repair heavy vehicles. Between 3 July 2020 and 22 October 2021, vehicles operated by the company were: involved in 20 individual mass breaches which can be summarised as follows: 7 Minor Risk Breaches; 12 Substantial Risk Breaches; and 1 severe risk breach; and received 94 defect notices ranging from self-clearing, minor and major defects.	Section/Act s 26C, HVNL s 26H, HVNL Fine $112,500 $102 court costs Supervisory Intervention Order (SIO) 12 months with the following conditions: appoint a compliance officer to monitor the Company’s activities including compliance with mass, dimension and loading requirements and report to the Directors and NHVR every 90 days; appoint a Heavy Vehicle National Law consultant to conduct an audit of the Company’s practices and procedures, and the Company is to implement all recommendations; undertake training of relevant staff as identified in the consultant’s report; instruct the consultant to develop an induction program for each new staff member to attend have a supervisor at each worksite to ensure compliance with the company’s obligations under the Law; fit all vehicles with onboard mass devices for each axle group and undertake calibration and testing every 6 months; ensure all scheduled servicing is carried out by a qualified mechanic and keep service records; and inspect each heavy vehicle and combination every 4 months.
22 June 2023 Parramatta Local Court Defendant type: Corporation - AS 7278	A heavy vehicle loaded with aggregate or soil was pulled over and weighed by Authorised Officers. The vehicle's permitted mass on the second axle was 9 tonnes. The vehicle's mass was 12 tonnes, an excess mass of 3 tonnes, or an overload of 133.3%. The contravention of the vehicle's permitted mass resulted in a severe risk breach.	Section/Act s 96(1)(c), HVNL - severe Fine $12,000
22 June 2023 Parramatta Local Court Defendant type: Corporation - AS 6914	Failure to provide information to an Authorised Officer contrary to the law. Despite the accused’s case which was good in the circumstances, the Magistrate noted that there was a need for general and specific deterrence. Further, a clear message must be sent to companies that they have obligations to all regulatory authorities to provide information when requested.	Section/Act s 570(3), HVNL Fine $6,000
22 June 2023 Parramatta Local Court Defendant type: Corporation - AS 5549	A heavy vehicle was detected by a Safe-T-Cam site located near Mount White. The vehicle was registered to the defendant company and a Notice to Produce was sent to the Defendant Company. The defendant company did not respond to the Notice to Produce which expired on 1 August 2022. The defendant company failed to provide information to authorised officer.	Section/Act s 570(3), HVNL Fine $5,500 Supervisory Intervention Order (SIO) 6 months with the following conditions: training with an NHVR approved accredited training provider to ensure the safety of transport activities in the Chain of Responsibility; provide written records of completion to the NHVR in accordance with monitoring and compliance conditions.
20 June 2023 Parramatta District Court Defendant type: Individual - AS 8298	The accused appealed the severity of their sentence on the following charges: charge 1: solo driver worked more than standard hours – critical risk. Sentence imposed at Local Court: convicted and fined $6000. charge 2: solo driver worked more than standard hours – critical risk. Sentence imposed at Local Court: convicted and fined $6000.	Section/Act s 250(1)(a), HVNL - critical s 250(1)(a), HVNL - critical Fine $2,000 Outcome Charge 1: appeal allowed. Regarding sentence: s10(1)(b) imposed with a conditional release order for 12 months; and Charge 2: appeal allowed. Regarding sentence: fine reduced to $2000 considering defendant’s financial hardship.
19 June 2023 Parramatta Local Court Defendant type: Individual - AS 8378	The accused appealed the severity of their sentence on the following charges: charge 1: solo driver worked more than standard hours – critical risk; charge 2: solo driver worked more than standard hours – severe risk; and charge 3: solo driver worked more than standard hours – critical risk.	Section/Act s 250(1)(a), HVNL - critical s 250(1)(a), HVNL - severe Fine $1,500 Outcome Charge 1: appeal allowed. Regarding sentence: s10(1)(b) imposed with a conditional release order for 12 months; Charge 2: appeal allowed. Regarding sentence: s10(1)(b) imposed with a conditional release order for 12 months; and Charge 3: appeal dismissed. Local Court sentence upheld, conviction and $1500 fine.
15 June 2023 Albury District Court Defendant type: Individual - AS 8488	New South Wales Police stopped the accused at Albury for a heavy vehicle compliance check. Two fatigue offences were detected. The first charge was for resting less than the required time in a 24-hour period. The second charge was for operating under the basic fatigue management hours and continuous stationary rest. Under the Fatigue Regulation, having had less than five-and-a-half hours continuous rest constitutes a critical fatigue risk and carries a maximum penalty of $17,740.	Section/Act s 254(1)(b), HVNL - substantial s 254(1)(b), HVNL - critical Fine $2,000 Supervisory Intervention Order (SIO) 12 months with the following conditions: undertake fatigue management training; install and use an Electronic Work Diary; and ongoing compliance of Electronic Work Diary.
9 June 2023 Goulburn Local Court Defendant type: Individual - AS 7790	The heavy vehicle was detected travelling between Safe-T-Cam sites in less than the allowable travel time. A Notice to Produce was sent to the operator of the heavy vehicle which required the operator to provide records for the driver of the vehicle, including any certificates of accreditation and work diary records. A response was received for the accused in a two-up operators of the heavy vehicle. The accused provided the relevant documents, and upon inspection of their Work Diary, breaches were identified where less than the permitted 10 hours in any 82-hour period. The accused has rested 1 hour and 15 minutes.	Section/Act s 250(1)(a), HVNL - critical s 250(1)(a), HVNL - critical s 250(1)(a), HVNL - critical Fine $6,000 Supervisory Intervention Order (SIO) 12 months with the following conditions: fatigue management training; and purchase and use of an Electronic Work Diary with monthly monitoring obligations.
9 June 2023 Goulburn Local Court Defendant type: Individual - AS 6828	Authorised Officers intercepted a heavy vehicle travelling north on the Hume Highway at Marulan. During the interception, Authorised Officers inspected of the driver’s Work Diary and found three offences where the driver had worked more than the permitted 12 hours in any 24-hour period. These incidents were for trips between New South Wales and Victoria.	Section/Act s 250(1)(a), HVNL - critical s 250(1)(a), HVNL - critical s 250(1)(a), HVNL - critical Fine $3,450 Supervisory Intervention Order (SIO) 12 months with the following conditions: engage with an accredited provider for fatigue management training.
8 June 2023 Parkes Local Court Defendant type: Individual - AS 7815	A heavy vehicle was directed into the Daroobalgie Heavy Vehicle Safety Station. Authorised offices carried out a routine inspection. Upon inspection of the accused’s work diary, entries of offences were detected. Authorised Officer identified a breach where the accused had worked more than the permitted 12 hours in any 24-hour period.	Section/Act s 250(1)(b), HVNL - critical Fine $3,000 Supervisory Intervention Order (SIO) 12 months with the following conditions: purchase and used of an Electronic Work Diary; and ongoing monitoring and compliance with the Electronic Work Diary.
8 June 2023 Parkes Local Court Defendant type: Individual - AS 7322	The accused was pulled into a Heavy Vehicle Safety Station for a compliance inspection by Authorised Officers. Upon inspection of the accused's Work Diary, breaches where identified where the accused rested less than the permitted 7 hours in any 24-hour period.	Section/Act s 250(1)(b), HVNL - critical Supervisory Intervention Order (SIO) 12 months with the following conditions: purchase and use of an Electronic Work Diary.
8 June 2023 Parramatta Local Court Defendant type: Corporation - AS 6584	The Company was the registered operator of a heavy vehicle, and permitted a person to drive a heavy vehicle that did not comply with mass requirements. The permitted mass of the vehicle’s 2nd axle group was 16.5 tonnes and the 2nd axle group was measured at 22.95 tonnes, an overload of 6.45 tonnes or 139%. The overload on the 2nd axle group resulted in a gross mass overload of 5.95 tonnes constituting a further severe risk breach. The Regulator charged the accused for the severe risk breach on the 2nd axle group.	Section/Act s 96(1)(c), HVNL - severe Fine $21,000
26 May 2023 Liverpool Local Court Defendant type: Individual - AS 7086	The defendant was charged with one count of permitting a heavy vehicle to be driven while over mass which constituted a severe risk breach.	Section/Act s 96(1)(c), HVNL - severe Fine $5,000 $102 filing fee
25 May 2023 Lithgow Local Court Defendant type: Individual - AS 7433	An inspection of the driver’s Work Diary showed the driver had worked for 15 hours, when the maximum permitted work time was 12 hours, which constitutes a critical risk breach. Further inspection of the driver’s Work Diary showed, on a subsequent date, that the driver had worked for 13 hours and 25 minutes, which constitutes a severe risk breach.	Section/Act s 250(1)(a), HVNL - critical s 250(1)(a), HVNL - substantial Fine $660 Outcome 5-month conditional release order Supervisory Intervention Order (SIO) 6 months with the following conditions: must complete and apply fatigue risk management system training.
25 May 2023 Lithgow Local Court Defendant type: Individual - AS 7315	Inspection of the driver’s Work Diary showed a breach between 6.15 pm on 8 February 2023, and 6.15 pm on 9 February 2023 when the driver had only 4 hours and 45 minutes of continuous stationary rest time. The minimum required continuous rest time is 7 hours. Thereby committing a critical risk breach.	Section/Act s 250(1)(b), HVNL - critical Fine $660 Supervisory Intervention Order (SIO) 6 months with the following conditions: to complete training for fatigue risk management system; and to use an Electronic Work Diary (EWD).
25 May 2023 Parramatta Local Court Defendant type: Corporate - AS 5099	A heavy vehicle was intercepted on Grand Avenue, Camellia New South Wales by NHVR authorised officers. The vehicle was loaded with concrete waste and was found to exceed the permissible gross vehicle mass and the permissible mass limit on the second axle. The truck had on-board weighing devices which showed it was exceeding the gross vehicle mass.	Section/Act s 96(1)(a), HVNL - minor s 96(1)(c), HVNL - severe Fine $8,000
24 May 2023 Tweed Heads Local Court Defendant type: Individual - AS 6665	A heavy vehicle was intercepted at Mount White Heavy Vehicle Safety Station. Upon inspection of the accused’s National Work Diary, NHVR authorised officers detected a breach of the accused's work hours where they had worked for a total of 13.75 hours when they were permitted to work only 12. The driver stated they had only been doing interstate work for about a month and didn’t know they had made a mistake.	Section/Act s 250(1)(a), HVNL - critical Fine $900 $102 court costs Supervisory Intervention Order (SIO) 6 months with the following conditions: complete training on fatigue requirements; and monitoring and compliance for the defendant’s Work Diary.
24 May 2023 Gosford Local Court Defendant type: Individual - AS 7249	A heavy vehicle was intercepted on Pacific Highway at Mount White in NSW by NHVR Authorised Officers. Authorised Officers inspected the accused’s Work Diary which revealed two breaches of the HVNL. The first breach was for working over the maximum period in a 24-hour period. The driver had worked for 14 hours and 30 minutes when they were only permitted to work 12 hours. The second breach was for a false and misleading entry. The accused stated they were resting from 12:00am to 7:00am, however, the accused was detected on a road via Safe-T-Cam 33.6 kilometres from where the accused stated they were resting.	Section/Act s 250(1)(b), HVNL s 325(1), HVNL Fine $2,000 $204 court costs Supervisory Intervention Order (SIO) 6 months with the following conditions: complete fatigue management training; and must purchase and use an Electronic Work Diary (EWD).
19 May 2023 Goulburn Local Court Defendant type: Individual - AS 6621	The defendant was charged with one count of a solo driver resting less than the standard minimum time which is a critical risk. This was the sixth time that the defendant had breached the HVNL for a fatigue related offence. The NHVR applied to the Court for a Supervisory Intervention Order (SIO) on this basis.	Section/Act s 250(1)(b), HVNL - critical Fine $3,000 $102 court costs Supervisory Intervention Order (SIO) 6 months for the following: fatigue management training; and purchase and use of an Electronic Work Diary (EWD).
19 May 2023 Goulburn Local Court Defendant type: Individual - AS 6517	A heavy vehicle was intercepted at Marulan Heavy Vehicle Safety Station. Upon inspection of the accused’s National Work Diary, NHVR authorised officers detected a breach of their work hours where they had worked for a total of 13.75 hours when they were permitted to work only 12. The driver stated that they probably didn’t look at their work diary properly and that was what caused the breach.	Section/Act s 250(1)(a), HVNL Fine $1,500 $102 court costs Supervisory Intervention Order (SIO) 6 months for the following: complete fatigue management training.
19 May 2023 Goulburn Local Court Defendant type: Individual - AS 5393	A heavy vehicle was intercepted at Marulan Heavy Vehicle Safety Station. Upon inspection of the accused’s National Work Diary, NHVR authorised officers identified a breach of their work hours between 12:30am on 3 September 2022 and 12:30am on 4 September 2022. The driver had only rested for a continuous period of 5 hours when they were required to rest 7 hours. The driver said that their hours had been pushed out by waiting around for loading.	Section/Act s 254(1)(b), HVNL Fine $2,000 $102 court costs Supervisory Intervention Order (SIO) 12 months with the following conditions: complete fatigue management training; and purchase and use of an Electronic Work Diary (EWD).
18 May 2023 Parramatta Local Court Defendant type: Individual - AS 6681	The accused was pulled into the Mount Boyce Heavy Vehicle Safety Station by authorised officers. A check on the accused’s Work Diary revealed that the accused was working standard driving hours, but not resting the required amount that is required under standard hours fatigue legislation.	Section/Act s 250(1)(a), HVNL - critical s 250(1)(6), HVNL - critical Fine $15,000 Supervisory Intervention Order (SIO) 12 months with the following conditions: fatigue management training; and purchase and use of an Electronic Work Diary (EWD); and monitoring and compliance for their EWD.
15 May 2023 Dubbo Local Court Defendant type: Individual - AS 6209	The accused made a false or misleading entry in their Work Diary.	Section/Act s 325(1), HVNL Outcome No conviction recorded, pursuant to a Conditional Release Order. Supervisory Intervention Order (SIO) 9 months with the following conditions: training for an Electronic Work Diary; and purchase and use of an Electronic Work Diary.
9 May 2023 Broken Hill Local Court Defendant type: Individual - AS 6507	A heavy vehicle was intercepted on Hume Highway at Coolac in NSW by NHVR authorised officers. The driver’s Work Diary contained a number of incorrect recordings when checked against Safe-T-Cam sightings. The driver had recorded resting when a Safe-T-Cam detected him driving over 1,000 kilometres away.	Section/Act 4 x s 325(1), HVNL Fine 4 x $2,500 4 x $102 court costs $10,408 total Supervisory Intervention Order (SIO) 12 months for the following: purchase and use of an Electronic Work Diary; and training to complete a Work Diary.
5 May 2023 Goulburn Local Court Defendant type: Individual - AS 7047	The Accused was intercepted by NHVR authorised officers and the Accused’s Work Diary was inspected. Upon inspection, it was detected that the Accused had failed to take the minimum requirement of 24 hours continuous rest in a 7-day period between 1:00pm on 2 January 2023 and 1:00pm 9 on January 2023. The longest continuous rest period during the 7-day period recorded was 14 hours and 45 minutes.	Section/Act s 250(1)(b), HVNL - substantial Fine $1,200 $102 court costs Supervisory Intervention Order (SIO) 6 months for the following: fatigue management training; and purchase and use of an Electronic Work Diary (EWD).
5 May 2023 Goulburn Local Court Defendant type: Individual - AS 7034	A heavy vehicle was intercepted on Hume Highway at Marulan by NHVR Authorised Officers and inspected the driver’s National Driver Work Diary. The authorised officers identified two breaches within a 24-hour period. The driver had driven for a total of 19.5 hours and had only rested for 1.5 hours. The driver was aware they were allowed to drive up to 12 hours in any 24-hour period. When asked, when they should start counting a work period, they stated at the end of a major rest break.	Section/Act s 250(1)(a), HVNL - critical s 250(1)(b), HVNL - critical Fine $10,000 for each charge $102 filing fee for each charge $20,204 total penalty
4 May 2023 Parramatta Local Court Defendant type: Company - AS 5740	A heavy vehicle was detected via Safe-T-Cam avoiding the Mount Boyce East Heavy Vehicle Safety Station. NHVR Authorised Officers sent out a number of Notices to Produce to ascertain the details of the person driving the vehicle at the time of the offence. The responsible person for the vehicle failed to respond to the NHVR to provide the information requested by the authorised officers.	Section/Act s 570(3), HVNL Fine $2,500 $102 filing fee Supervisory Intervention Order (SIO) 6 months with the following conditions: training to ensure the Safety of Transport Activities.
4 May 2023 Parramatta Local Court Defendant type: Company - AS 5511	The defendant was charged with two counts of exceeding the maximum standard work hours and one count of exceeding the maximum standard work hours.	Section/Act C1 - C2 - s 250(1)(a), HVNL - critical C3 - s 250(1)(a), HVNL - severe Fine C1 - $2,000 C2 - $1,500 C3 - $2,500 $6,000 total penalty Other orders Convictions recorded
28 April 2023 Liverpool Local Court Defendant type: Individual - AS 5871	A heavy vehicle was detected travelling between Safe-T-Cam sites in less than the allowable travel time. A Notice to Produce was sent to the registered operator of the heavy vehicle requesting Work Diary records for the relevant period. The accused was nominated as the driver by the registered operator and all relevant Work Diary records were provided. A check on the accused’s Work Diary revealed that the accused was working under standard driving hours. Upon inspection of the accused’s Work Diary, entries of three critical breach fatigue offences were detected.	Section/Act C1- C3 - s 250(1)(a), HVNL - critical Fine $750 per charge, totalling $2,250 Supervisory Intervention Order (SIO) 12 months for the following: fatigue management training; and purchase and use of an Electronic Work Diary (EWD) with ongoing compliance.
26 April 2023 Temora Local Court Defendant type: Individual - AS 7041	A heavy vehicle was intercepted on the Newell Highway at West Wyalong and eight fatigue offences were detected.	Section/Act 8 x s 254(1)(a), HVNL: 3 x minor risk; 2 x substantial risk; 1 x severe risk; and 2 x critical risk. Fine $7,080 $102 filing fee Supervisory Intervention Order (SIO) 12-months with the following conditions: fatigue management training purchase and use of an Electronic Work Diary.
21 April 2023 Goulburn Local Court Defendant type: Operator - AS 5385	A Prime Mover was directed into the Marulan heavy vehicle safety station for a compliance check. During the compliance check of the heavy vehicle dimension issues were detected with the vehicle’s overall width of the load. The vehicle and the loads overall width was measured at 2.66 metres. The allowable width of the vehicle was 2.50 metres.	Section/Act s 102(1)(b)(iii), HVNL - severe Fine $2,500 $102 filing fee Supervisory Intervention Order (SIO) 12-month SIO for training to all directors, senior management and persons responsible for the operations if transport activities within the company. Training must include training in respect of: compliance with mass compliance with dimension requirements compliance with loading requirements.
21 April 2023 Goulburn Local Court Defendant type: Individual - AS 5672	The defendant was charged with one count of solo driver work for more than standard maximum work time – severe risk.	Section/Act s 250(1)(a), HVNL – severe Orders 12-month Supervisory Intervention Order for fatigue management training guilty but matter dismissed pursuant to s10(1)(a) Crimes (Sentencing Procedure) Act 1999) (NSW).
21 April 2023 Goulburn Local Court Defendant type: Individual - AS 6791	A heavy vehicle was intercepted at Marulan Heavy Vehicle Checking Station. The driver of the vehicle produced Work Diary records which showed he had worked 14 hours and 15 minutes in a 24-hour period which amounted to a critical risk breach.	Section/Act s 250(1)(a), HVNL - critical Fine $1,600 fine $102 filing fees Supervisory Intervention Order (SIO) 6 months for the following: undertake training in fatigue management.
21 April 2023 Goulburn Local Court Defendant type: Company - AS 4458	On 4 July 2022, a heavy vehicle was intercepted at the Marulan South heavy vehicle safety station. Upon inspection, authorised officers identified a severe mass breach. The assessed mass of the vehicle’s fourth axle group was 28.0 tonne when its allowable mass limit was 22.5 tonne, resulting in a severe mass breach or an overload of 124%. The driver of the vehicle stated that they did not load the vehicle and that they had gotten in at a rest stop. They stated that they were told the gauges installed on the trucks were broken and so they had not checked them.	Section/Act s 96(1)(c), HVNL - severe Fine $1,200 fine $102 filing fees Supervisory Intervention Order (SIO) must provide training to all senior management and employees responsible for heavy vehicles in relation to mass; and must attend public weighbridge prior to commencing each loaded journey and ensure a measurement ticket is retained; and must purchase and install weight gauges to all heavy vehicles in its operation.
21 April 2023 Goulburn Local Court Defendant type: Individual - AS 5880	A heavy vehicle was intercepted at the Marulan South heavy vehicle safety station. Upon inspection of the accused’s Work Diary, multiple fatigue offences were detected, namely nine critical fatigue breaches and one substantial fatigue breach. The driver advised that it was their first Work Diary and that they had asked other drivers to explain, but that they didn’t understand it. At court, the driver explained that they had significant reading and writing difficulties, is affected by mental illness and came from a low-socioeconomic background. The driver has since purchased an Electronic Work Diary subscription. Taking into account these circumstances, the court dealt with this driver in a very unique way.	Section/Act s 250(1)(a), HVNL - critical s 250(1)(a), HVNL - substantial s 250(1)(b), HVNL - critical Fine $1,200 fine $102 filing fees Other orders Convicted on all ten charges. Conditional Release Order without conviction for the balance of charges one to nine. Supervisory Intervention Order (SIO) the driver must complete training for fatigue risk management system; the driver must provide proof of alleged Electronic Work Diary purchase; and where proof of Electronic Work Diary is not provided, driver must purchase and use an Electronic Work Diary.
21 April 2023 Goulburn Local Court Defendant type: Company - AS 5454	On 28 September 2022, a heavy vehicle was intercepted at Marulan southbound heavy vehicle safety station. Upon investigation, it was found that the company failed to ensure that the vehicle complied with its dimension requirements. Namely, the vehicle exceeded its permitted width of 2500mm by 210mm. The driver advised that they hadn’t loaded the vehicle and that they hadn’t stopped to check the load.	Section/Act s 102(1)(b)(iii), HVNL Fine $1,200 fine $102 filing fees Supervisory Intervention Order (SIO) Training on mass, dimension and loading to all senior management and employees responsible for the operation of heavy vehicles.
20 April 2023 Parramatta Local Court Defendant type: Company - AS 6267	On 16 August 2022, a vehicle registered to the Company failed to enter the heavy vehicle safety station situated near Twelve Mile Creek, New South Wales. On 26 October 2022, the Company failed to respond to a Notice to Produce requiring information in relation to the driver at the time of the failure to enter. The Company was charged with failing to respond to the Notice to Produce. The prosecution submitted that specific and general deterrence were relevant given the prevalence of this kind of offending.	Section/Act s 570(3), HVNL Fine $10,000
4 April 2023 Campbelltown Local Court Defendant type: Individual - AS 6373	The accused was pulled over for an inspection by authorised officers. Upon inspection, authorised officers assessed the vehicle was not compliant with the Heavy Vehicle National Law as the height of the vehicle was 4.88 metres and the allowable height is 4.3 metres.	Section/Act s 102(1)(b)(iii), HVNL - severe Fine $800 Supervisory Intervention Order (SIO) 12 months for the following: training from an accredited training provider for mass, dimension and loading.
4 April 2023 Campbelltown Local Court Defendant type: Individual - AS 6168	A driver was intercepted at Marulan by NHVR Authorised Officers and his Work Diary inspected. Between 6:00am on 31 October 2022 and 6:00am on 1 November 2022, the accused worked for a total of 14 hours, exceeding their standard work hours by 2 hours resulting in a critical risk breach. The accused stated they didn’t understand their Work Diary and calculated their hours a different way to the NHVR Authorised Officers.	Section/Act C1 – s 250(1)(a), HVNL - critical Fine $2,500 filing fees Supervisory Intervention Order (SIO) 12 months for the following: undertake training in fatigue management.
3 April 2023 Moree Local Court Defendant type: Individual - AS 5759	The defendant was charged with three counts of making a false/misleading entry in a work record.	Section/Act s 325(1), HVNL Fine $306 in costs Other orders 12-month good behaviour bond Supervisory Intervention Order (SIO) 12 months for the following: purchase and use of an Electronic Work Diary (EWD)
29 March 2023 Liverpool Local Court Defendant type: Individual - AS 5866	A heavy vehicle was intercepted at Twelve Mile Creek by NHVR authorised officers. The authorised officers inspected the driver’s work diary and found two breaches of the HVNL. The driver worked 19 hours and rested 4.5 hours in a 24-hour period.	Section/Act C1 – s 250(1)(a), HVNL C2 – s 250(1)(b), HVNL Fine C1 - $4,000 C2 - $4,000 $204 filing fees Other orders Convictions recorded
28 March 2023 Wagga Wagga Local Court Defendant type: Individual - AS 5510	A heavy vehicle carrying 3 caravans was intercepted by NHVR authorised officers. The authorised officers observed the vehicle travelling very slowly. Earlier in the journey the vehicle braked suddenly and the restraints on the rear caravan on the rear trailer failed, resulting in all webbing straps, except one, becoming loose. This caused the caravan to roll back and forward. The restraints on the front caravan of the rear trailer also failed. The contravention of the loading requirement resulted in a severe risk breach as there was an appreciable risk to public safety and an appreciable risk of damage to road infrastructure. The vehicle's permitted length was 26 metres. The vehicle's length was 26.65, an excess length of 0.65 meters. The contravention of the vehicle's permitted length resulted in a severe risk breach.	Section/Act C1- C2 - s 111(1)(c), HVNL - severe C3 - s 102(1)(b), HVNL - severe Fine C1 - $1,500 C2 - $1,500 C3 - $1,500 Supervisory Intervention Order (SIO) 6 months for the following: undertake training in dimension requirements; and undertake training in load restraint requirements.
28 March 2023 Fairfield Local Court Defendant type: Organisation - AS 5662	In September 2022, Safety and Compliance Officers inspected a white Table-Top truck in Yennora NSW. The driver advised officers that their employer had instructed them to drive the vehicle. The vehicle was over mass on the second axle group by 2 tonnes or 122%. The company was charged with a severe risk mass offence. Officers identified a minor risk breach on the vehicle’s gross mass but did not issue a penalty notice. The defendant voluntarily entered into a Supervisory Intervention Order (SIO), the terms of which were relatively onerous.	Section/Act s 96(1)(c), HVNL Fine $1,200 Supervisory Intervention Order (SIO) 12 months with the following conditions: installation of mass equipment for on all heavy vehicles owned by the company; and all heavy vehicles registered to the company must attend public weighbridges and obtain measurement ticket before commencing their journey.
28 March 2023 Fairfield Local Court Defendant type: Individual - AS 5402	A driver of a heavy vehicle was intercepted by NHVR Authorised Officers at Wetherill Park. Upon inspection of the driver's work diary, the compliance officers identified four breaches of the HVNL relating to fatigue.	Section/Act C1 – s 250(1)(a), HVNL - critical C2 – s 250(1)(a), HVNL - critical C3 – s 250(1)(a), HVNL - critical C4 – s 250(1)(a), HVNL - critical Fine C1 - $2,000 C2 - $1,500 C3 - $1,500 C4 - $1,500 Other orders Convictions recorded
23 March 2023 Parkes Local Court Defendant type: Individual - AS 5401	A solo driver rested for less than the standard minimum rest time - critical risk.	Section/Act C1 – s 250(1)(b), HVNL - critical Fine $1,500 $102 filing fee Outcome Conviction Supervisory Intervention Order (SIO) 6 months for the following: fatigue management training; and use of an Electronic Work Diary (EWD).
22 March 2023 Gosford Local Court Defendant type: Corporate defendant - AS 6420	The defendant was charged with one count of permitting a heavy vehicle to be driven while over mass, a severe risk breach.	Section/Act C1 – s 96(1)(c), HVNL - severe Fine $10,000 $102 filing fee Other orders Conviction recorded
21 March 2023 Forbes Local Court Accused type: Individual - AS 5882	On 20 October 2022, the offender was intercepted at Daroobalgie, NSW. Inspection of their National Work Diary revealed that in the 24-hour period between 9:30am on 19 October 2022 and 9:30am on 20 October 2022, the offender had driven 14 hours and 30 minutes. This exceeded their permitted hours by 2 hours and 30 minutes, resulting in a critical risk breach. The offender stated that they thought they were “right after the 7-hour break”. The accused had a prior heavy vehicle record: Written plea of guilty with explanation entered. That it was a simple oversight. That fatigue was not, however, a factor because they had had a lot of rest in preceding 24-hour periods. That they had recently changed from BFM to standard and this caused them to miscalculate. The NHVR made submissions on the need for specific and general deterrence as well as the matter of public safety. The NHVR applied for a Supervisory Intervention Order (SIO). The offender was found guilty and sentenced by way of monetary order in the amount of $3,000 with costs awarded.	Section/Act C1 – s 250(1)(a), HVNL - critical Fine $3,000 $102 filing fee Supervisory Intervention Order (SIO) Fatigue training; and use and purchase of an Electronic Work Diary (EWD).
16 March 2023 Penrith Local Court Defendant type: Corporate defendant - AS 5676	The corporate defendant was charged with two counts of permitting another person to drive a heavy vehicle that did not comply with mass requirements – severe risk.	Section/Act C1 – s 96(1)(c), HVNL - severe C2 – s 96(1)(c), HVNL - severe Fine C1 – penalty of $7,500 C2 – penalty of $5,000 Other orders Convictions recorded
9 March 2023 Parramatta Local Court Defendant type: Corporate defendant - AS 5215	The corporate defendant was charged with permitting a person to drive a heavy vehicle that does not comply with the relevant mass requirements applying to the vehicle- severe risk breach.	Section/Act C1 – s 96 (1)(c), HVNL - severe Fine $1,000 penalty $102 filing fee Other orders Conviction recorded Supervisory Intervention Order (SIO) 12 months that requires: Installation of mass equipment in all heavy vehicles registered to the company; and The company to provide mass training to relevant employees.
9 March 2023 Parramatta Local Court Defendant type: Corporate defendant - AS 5143	One count of permitting another person to drive a heavy vehicle that does not comply with mass requirements – severe risk. One count of permitting another person to drive a heavy vehicle that does not comply with mass requirements – severe risk – substantial risk.	Section/Act C1 – s 96(1)(c), HVNL - severe C2 – s 96(1)(b), HVNL - substantial Fine C1 – penalty of $7,500 C2 – penalty of $2,500 Other orders Convictions recorded Supervisory Intervention Order (SIO) 6 months that requires: Installation of mass equipment in all heavy vehicles registered to the company; and The company is to provide mass training to relevant employees.
7 March 2023 Downing Centre Local Court Defendant type: Corporation - AS 4210	The accused company was the registered operator of the vehicle. In February 2022, an investigation commenced into the company for alleged fatigue management related breaches. The defendant voluntarily entered into a supervisory intervention order. The terms of which were relatively onerous and required them to hire staff to manage the paperwork. This indicates the company's willingness to rehabilitate and change their business practices.	Section/Act s569, HVNL s570, HVNL Fine convicted fined $1,500 fined $1,500 $204 costs Supervisory Intervention Order (SIO) 12 months fatigue management training purchase and use of an Electronic Work Diary.
6 March 2023 Queanbeyan Local Court Defendant type: Corporate defendant - AS 5520	The corporate defendant was charged with permitting a person to drive a heavy vehicle that does not comply with the relevant dimension requirements applying to the vehicle.	Section/Act C1 – s102(1)(b)(iii), HVNL - severe Fine $2,500 penalty $102 filing fee Other orders Conviction recorded Supervisory Intervention Order (SIO) 12 months for mass, dimension and loading training.
1 March 2023 Tweed Heads Local Court Defendant type: Individual - AS 5395	The accused was charged with one count of working more than standard hours (critical risk breach), and 2 counts of resting less than minimum hours (critical risk breach). In the 24-hour period between 11:00am on 8 September 2022 and 11:00am on 9 September 2022, the accused worked for 15 hours and 45 minutes. In the same 24-hour period, the accused rested for 5 continuous hours. In the 24-hour period from 9 September 2022 and 10 September 2022, the accused rested for 5 continuous hours. The accused had no prior heavy vehicle record. Plea of guilty was entered with explanation.	Section/Act C1 – s 250(1)(a), HVNL - critical C2 – s 250(1)(b), HVNL - critical C3 – s 250(1)(b), HVNL - critical Fine $306 filling fees Other orders Convicted under s10A Supervisory Intervention Order (SIO) Requiring training and purchase and use of an Electronic Work Diary (EWD).
24 February 2023 Goulburn Local Court Defendant type: Individual - AS 5519	One count of a solo driver resting less than the standard minimum time – critical risk.	Section/Act s 250(1)(b), HVNL Other orders s 10A, conviction with no further penalty Supervisory Intervention Order (SIO) 6 Months with the following terms: Offender to complete training on: Fatigue management. Working safely in the transport industry
24 February 2023 Goulburn Local Court Defendant type: Individual - AS 5375	One count of a solo driver working more than the standard maximum time– critical risk.	Section/Act: s 250(1)(a), HVNL Fine $1000 Other orders Convicted Supervisory Intervention Order (SIO) 12 months with the following terms: Apply for a Work Diary exemption allowing another to fill out his Work Diary to assist the defendant as he cannot read or write. If rejected, the defendant is to obtain an Electronic Work Diary (EWD). The defendant is to complete training on fatigue management.
10 February 2023 Goulburn Local Court Defendant type: Individual - AS 5667	One count of driving, or permitting others to drive a heavy vehicle that does not comply with mass requirements - severe risk. The vehicle was weighed and assessed to have a mass of 8.32 tonnes on the steer axle. It was 128% over mass on that steer axle group, amounting to a critical risk breach. The director submitted that their company was responsible for the offence due to the Chain of Responsibility and their use of a novice driver. However, the director submitted the blame for the overloading of the vehicle should be shared between the driver and the third party which loaded the vehicle. The defendant company is ultimately responsible for the offence as the registered owner and operator, and has a responsibility to ensure the driver has adequate training and a procedure is in place to weigh vehicles after loading.	Section/Act s96(1)(c), HVNL - severe Outcome Convicted Supervisory Intervention Order (SIO) 6 months in the following terms: The defendant must undertake training for mass requirements for senior management and employees responsible for the company’s transport activities within the company.
10 February 2023 Goulburn Local Court Defendant type: Individual - AS 5525	One count of a solo driver resting less than the standard minimum time – critical risk. The accused had driven a 7-day period (168-hour period) between 16 September 2022 at 8:45pm, and 23 September 2022 at 8:45pm. The accused did not have a 24-hour rest as required. Their longest rest in this period of time was 16 hours. The accused entered a plea of guilty and wrote a letter of apology to the court. The letter stated they were sorry and made a mistake. The Accused also consented to the Supervisory Intervention Order (SIO). The prosecutor submitted that the accused was a systematic offender and sought the imposition of an SIO. The accused had five similar offences in the past 8 years, mostly relating to fatigue and Work Diary offences.	Section/Act s 250(1)(b), HVNL - critical risk Other orders Convicted Supervisory Intervention Order (SIO) 9 months imposing Fatigue Risk Management Training in addition to completing a Work Diary training.
7 February 2023 Parramatta Local Court Defendant type: Individual - AS 4876	The defendant charged for driving 15 hours in a 24-hour period, when the maximum allowable work hours for them was 12 hours. The breach was discovered by authorised officers inspecting the defendant’s Work Diary during a routine inspection at a safety station. The charge was listed for a contested hearing. After discussions with the prosecutor, the defendant pleaded guilty on the morning of the hearing. At sentence, the NHVR submitted: The defendant did not understand that multiple 24-hour work periods can operate at the same time when counting work hours. The defendant, therefore, did not have an excuse to the charge but it explained the offending. The defendant had prior similar offences on their traffic record and only a fine would be appropriate. The defendant consented to a Supervisory Intervention Order (SIO) requiring them to undertake training about how to fill in a Work Diary. This was to be taken into account by the court when determining an amount for the fine.	Section/Act s 250(1)(a), HVNL Fine $1,250 Other orders Convicted Supervisory Intervention Order (SIO) 6 months requiring the defendant to undertake training about how to complete a Work Diary.
30 January 2023 Dubbo Local Court Defendant type: Corporate - AS 5904	One count of permitting another person to drive a heavy vehicle that does not comply mass requirements.	Section/Act s 96(1)(c), HVNL - severe Fine $1,500 Other orders Convictions recorded Supervisory Intervention Order (SIO) 1-year in the following terms: The company must install mass equipment on all new vehicles that are to be used in long haulage (journeys that exceed 150km) that do not have mass equipment installed.
20 January 2023 Goulburn Local Court Defendant type: Operator - AS 5383	The accused was travelling from Austral, NSW to Goulburn, NSW. At the time of intercept, the accused had travelled approximately 135 kilometres or approximately 1 ½ hours. At the time of intercept, the accused had travelled approximately 82% of their journey. The vehicle's permitted mass on the second axle group was 9.00 tonnes. The vehicle's mass was weighed at 12.06 tonnes. Taking into account the applicable mass adjustment, the vehicle's alleged mass was 11.66 tonnes, an excess mass of 129%. The vehicle was loaded with scaffolding material. When asked roadside by the Safety Compliance Officer whether or not they weighed the vehicle before commencing his journey, the accused said no. First offence under the HVNL.	Section/Act s 96(1)(a) HVNL - severe Fine $1,100 Other orders Conviction recorded Supervisory Intervention Order (SIO) 6 months with the following conditions: The accused must, within ten (10) working days of this Order being made, provide to the National Heavy Vehicle Regulator (“NHVR”), his current address, email address and telephone number by sending this to the email address monitoring.compliance@nhvr.gov.au. The accused must complete education provided by an accredited training provider. The training must be approved by the National Heavy Vehicle Regulator in accordance with the following requirements: Load compliance; mass compliance; and dimension compliance. The accused must provide the completion certificate to monitoring.compliance@nhvr.gov.au.
12 January 2023 Parramatta Local Court Defendant type: Individual - AS 4404	A driver of a heavy vehicle worked 14 hours and 45 minutes in a 24-hour period. This is considered a critical fatigue breach, as the maximum hours that a driver of a heavy vehicle can work under the standard regime is 12 hours.	Section/Act C1 – s 250(1)(a) - critical Fine $750 $102 filing fees Supervisory Intervention Order (SIO) 12 months for fatigue management training and use of an Electronic Work Diary (EWD).
20 December 2022 Downing Centre Local Court Defendant type: Company - AS 5516	On 8 September 2022 compliance officers intercepted a white Freightliner primer travelling on Southern Cross Drive, Eastlakes NSW 2018. The accused company is the registered operator of the vehicle, which was loaded with steel/metal. The permitted width was 2.5 metres and measured at 2680mm (after allowing 20mm adjustment). Service was via process server who handed the 1st Court Attendance Notice to someone over 16 at the registered business address, the 2nd Court Attendance Notice was left at the same registered business address. A s196 application was made in the absence of the accused company.	Section/Act s 102(1)(b)(iii) HVNL Fine $6,600 50% moiety to NHVR $359 costs/fees (includes $257 process server fee)
15 December 2022 Parramatta Local Court Defendant type: Individual	A heavy vehicle was captured on Safe-T Cam not entering the Heavy Vehicle Safety Station on 2 separate incidents. Notices to Produce were sent to the defendant. The defendant did not respond to the Notices and did not provide a reasonable excuse.	Section/Act C1 – s 569(2) C2 – s 569(2) Fine C1 - $3,300 C2 - $2,200 $102 filing fees Other orders Convictions recorded
13 December 2022 Blacktown Local Court Defendant type: Corporate defendant – AS 4840	The defendant was charged with 1 count of permitting a heavy vehicle to be driven while over mass – severe risk breach – no prior prosecution history. The defendant was also charged with one count of using a heavy vehicle, not in a registered configuration.	Section/Act C1 - s 96(1)(c) HVNL- severe risk C2 - sch 2 cl 15(1)(a) Road Transport Act 2013 Fine C1 - $15,000 fine C2 - $5,000 fine 50% moiety and costs awarded to NHVR in both matters Other orders Conviction recorded in both matters
12 December 2022 Goulburn Local Court Defendant type: Individual - AS 4490	The accused was charged with 1 count of working more than standard hours (critical risk breach) the work diary requirements. In the 24-hour period between 6:00 am on 22 June 2022 to 6:00 am on 23 June 2022, the accused recorded that they worked a total of 14 hours in the 24-hour period. applied for a Supervisory Intervention Order (SIO). Defendant found guilty with no conviction recorded. Defendant ordered to pay filing fees. SIO made requiring training and purchase and use of an Electronic Work Diary.	Section/Act • C1 - s 250(1)(a) – critical Fine Filing fees Supervisory Intervention Order (SIO) 12 months to undertake training provided includes training in respect of compliance with the fatigue requirements as relevant to fatigue-regulated heavy vehicles and use of an Electronic Work Diary.
9 December 2022 Lithgow Local Court Defendant type: Operator	The accused travelled approximately 670km with a heavy vehicle that only had the permitted length of 26m. The vehicle's length was measured at 28.15m. The heavy vehicle failed to comply with dimension requirements by exceeding them in excess length by 2.01m.	Section/Act s 102(1)(b) - severe risk Other orders Conviction with no other penalty. Supervisory Intervention Order (SIO) 6 months with the following conditions. All directors, senior management and persons responsible for the operations of transport activities, including drivers, within the company must complete education provided by an accredited training provider. The training must be approved by the National Heavy Vehicle Regulator in accordance with the following requirements: The company must ensure that the content of training provided includes training in respect of compliance with the dimension requirements as relevant to heavy vehicles. The company must provide details of the proposed accredited training provider and the proposed content of training to the National Heavy Vehicle Regulator. The company is not to undertake any training unless the National Heavy Vehicle Regulator has confirmed in writing it is satisfied that the proposed accredited training provider is sufficiently accredited and that the proposed content of training sufficiently addresses the companies future compliance with the Heavy Vehicle National Law. Within one (1) month of this Order being made, the company is to have made contact with the National Heavy Vehicle Regulator, in writing, in accordance with Orders 3(b) and 3(c). The company is to complete the training at its own expense. Within five (5) months of this Order being made, the company is to provide records of completion for all directors, senior management and persons responsible for the operations of transport activities, including drivers, within the company to the NHVR.
9 December 2022 Goulburn Local Court Defendant type: Individual - AS 4819	The accused was charged with 1 count of working more than standard hours (critical risk breach) and 1 count of resting less than the minimal standard hours (critical risk breach). In the 24-hour period between 10:30 am on 7 July 2022 and 10:30 am on 8 July 2022, the accused recorded that they worked a total of 14 hours in the 24-hour period and rested for 4 hours and 45 minutes in the 24-hours period. The accused had no prior heavy vehicle record. A plea of guilty was entered with explanation. The accused explained they had misunderstood the work diary requirements. Defendant found guilty with no conviction recorded. Supervisory Intervention Order (SIO) made requiring training and purchase and use of an Electronic Work Diary.	Section/Act C1 - s 250(1)(a) – critical C2 - s250(1)(b) – critical Supervisory Intervention Order (SIO) For 12-months to undertake training provided includes training in respect of compliance with the fatigue requirements as relevant to fatigue-regulated heavy vehicles and use of an Electronic Work Diary
9 December 2022 Goulburn Local Court Defendant type: Company	The accused was charged with 1 count permitting a heavy vehicle not to comply with the dimension requirements, resulting in a severe risk breach. On 12 September 2022, a heavy vehicle registered to the accused was inspected and found to be over-length. Dimension requirements required vehicle length to not exceed 26 meters. The length measured to be 26.97 meters, resulting in the vehicle being 0.97m over length. The accused was represented and submissions were made that a Supervisory Intervention Order (SIO) was not suitable because the accused’s record did not indicate they were, or would likely, become persistent offenders. The accused had two prior penalty infringement notices. The defence submitted that the steps the Company had since taken were enough to mitigate their offending (purchasing trailers rather than leasing). Submissions were made that the company had the benefit of PINs in the past and hadn’t rectified their conduct. Further submissions that the purpose of an SIO was to increase understanding, education and compliance and that due to the company being before the Court and the comments made in the interview, it was a suitable matter for an SIO. SIO made requiring training and equipment to improve compliance.	Section/Act: • C1 - s 250(1)(a) – critical • C2 - s 250(1)(b) – critical Other orders Supervisory Intervention Order (SIO) for 6-months to undertake training for the use and implementation of compliance mechanisms. Correctional Release Order (CRO) – 6 months.
9 December 2022 Goulburn Local Court Defendant type: Individual	On 3 September 2022, National Heavy Vehicle Regulator authorised officers observed a heavy vehicle, travelling North on the Hume Highway at Marulan NSW. The Accused drove the vehicle from Derrimut VIC to Wetherill Park NSW. A journey of 856kms. The vehicle was loaded with primary produce. In total, the load weighed approximately 49.75 tonnes. A visual inspection of the trailer found an open toolbox on the left side with unsecured steel bars protruding out and unsecured boards in the toolbox. The contravention of the loading requirement resulted in a severe risk breach.	Section/Act s 111 - severe risk s 10A Other orders Conviction recorded, no other penalty Supervisory Intervention Order (SIO) for 6 months Undertake training in load restraint requirements.
9 December 2022 Goulburn Local Court Defendant type: Individual	On 20 August 2022 National Heavy Vehicle Regulator authorised officers observed a heavy vehicle travelling South on the Hume Highway at Marulan NSW. Upon inspection of the accused's work diary, the authorised officers identified 1 breach of the HVNL between 8 August 2022 and 9 August 2022, when the accused had worked 14.5 hours in any 24-hour period. On this occasion, the accused had undertaken a journey between Moorebank NSW and Gundagai NSW. The accused (solo driver) worked for more than the standard maximum work time of 12 hours.	Section/Act s 250(1)(a) - critical risk s 10A Other orders Conviction recorded, no other penalty Supervisory Intervention Order (SIO) for 6 months. Undertake training in fatigue management. Purchase and use an electronic work diary for the duration of the order.
8 December 2022 Parkes Local Court Defendant type: Individual - AS 5098	The accused was charged with 1 count of make false or misleading entry in work record. The accused was working during a period he recorded in his work diary as rest. The STC in Albury detected the heavy vehicle at the time the accused recorded as rest. The defendant was legally represented and entered a plea of guilty. The legal representative made submissions to the effect that it was a genuine mistake, the defendant had done training since and was working closely with their employer to rectify their mistakes. The legal representative made submissions that if a Supervisory Intervention Order (SIO) was to be imposed requiring the defendant to purchase an Electronic Work Diary (EWD), that their employer would cease their employment. As such, the Regulator did not oppose the SIO being amended to remove the SIOs requirement for an EWD and instead just require the defendant's written work diary pages. His Honour convicted the defendant, ordered a $2,000 fine and imposed the SIO. His Honour made comments regarding the employer’s attitude toward an EWD and expressed his displeasure, and that there was a need for the company to progress with the times and make changes to an EWD.	Section/Act C1 - s 325(1) of the HVNL Fine $2000 Other orders Conviction recorded Supervisory Intervention Order (SIO) For 6-months requiring training for fatigue and to supply work diary records for monitoring.
7 December 2022 Gosford Local Court Defendant type: Individual defendant – AS 4398	The defendant was charged with 1 count of making a false and misleading statement in a work diary. The accused had a poor traffic record in Queensland. Police charge the accused with the same offence 5 months later. Both matters before the court for sentence. The accused did not appear but indicated a plea of guilty by email to the court and indicated they were content to have the court deal with the matters in their absence.	Section/Act s 325 Fine Penalty of $2000 for each charge of false or misleading $102 filing fee Other orders Conviction recorded Supervisory Intervention Order (SIO) Discounts for the early plea of guilty assessed at 15%.
25 November 2022 Goulburn Local Court Accused type: Individual accused – AS 4796	The accused was charged with 1 count of working more than standard hours (critical risk breach) and 1 count of resting less than minimum hours (critical risk breach). In the 24-hour period between 13:30 on 13 June 2022 and 13:30 on 14 June 2022, the accused recorded that they worked a total of 19 hours and 15 minutes, and rested for a continuous period of 2 hours and 45 minutes. The accused had no prior heavy vehicle record. A plea of guilty was entered with explanation. It was their first trip. The accused was told, incorrectly, that they could drive a prime mover without a trailer and not have to have the 7 hours rest. The accused had not driven a heavy vehicle since the offence. They asked the prosecution if there was some training that they could undertake. The prosecutor applied for a Supervisory Intervention Order (SIO). The defendant was found guilty with no conviction recorded, and placed under a Conditional Release Order (CRO) for 9 months. SIO made requiring training and purchase and use of an Electronic Work Diary (EWD).	Section/Act C1 – s 250(1)(a) – critical C2 – s250(1)(b) – critical Other orders Supervisory Intervention Order (SIO) Conditional Release Order (CRO)
25 November 2022 Goulburn Local Court Accused type: Individual accused - AS 5090	The defendant was charged with 1 x solo driver work more than maximum time, critical risk breach. In the relevant 24-hour period, the defendant drove 14 hours and 30 minutes. The defendant entered a written plea of guilty explaining that they misunderstood their work diary requirements. The defendant accepted responsibility. The defendant had no relevant prior history. The prosecutor applied for a Supervisory Intervention Order (SIO). The defendant was found guilty with no conviction recorded and placed under a Conditional Release Order (CRO) for 9 months. An SIO was ordered by the Court requiring training, and the purchase and use of an Electronic Work Diary (EWD).	Section/Act C1 – s 250(1)(a) – critical Other orders Supervisory Intervention Order (SIO) Conditional Release Order (CRO)
25 November 2022 Goulburn Local Court Accused type: Individual defendant - AS 4887	The defendant was charged with 1 count of solo driver works more than standard maximum time (critical risk). Defendant had 2 previous Heavy vehicle offences drive unregistered heavy vehicle follow too closely in a heavy vehicle.	Section/Act C1 – s.250(1)(a) – critical risk Fin Penalty of $0 No filing fee No moiety Other orders No conviction recorded Supervisory Intervention Order (SIO) ordered
25 November 2022 Goulburn Local Court Accused type: Individual accused - AS 4441	The defendant was charged with 1 x solo driver work more than maximum standard hours (critical risk breach). In the relevant 24-hour period, he worked 13 hours and 30 minutes. This matter was originally dealt with by way of a fine. The defendant made an annulment application and entered a plea of guilty. The defendant was then unable to attend and requested the matter be dealt with in their absence. The Magistrate dealt with the matter in the accused absence. The prosecutor applied for a Supervisory Intervention Order (SIO) and the Magistrate agreed that the matter was appropriate for an SIO. He noted that the education provided and that an electronic work diary (EWD) would improve the compliance of the defendant in relation to their professional obligations. The defendant was found guilty with no conviction recorded, and placed under a conditional release order for 9 months. SIO made requiring training and purchase and use of an EWD.	Section/Act C1 – s 250(1)(a) – critical Other orders Supervisory Intervention Order (SIO)
21 November 2022 Katoomba Local Court Defendant type: Corporate - AS 4285	A heavy vehicle was intercepted on Great Western Highway at Mount Boyce in NSW by NHVR Authorised Officers. The vehicle’s mass on the 3rd axle exceeded the mass limit by 146%. The assessed mass was measured at 29.2t and the mass limit was 20t. The driver stated that he was instructed and permitted to drive.	Section/Act s 96(1)(c) - severe Fine Penalty of $1,000 Other orders Conviction recorded Supervisory Intervention Order (SIO) to educate staff and install scales
21 November 2022 Katoomba Local Court Defendant type: Operator - AS 5180	A heavy vehicle was intercepted on Great Western Highway at Mount Boyce in NSW by NHVR Authorised Officers. The vehicle was loaded with two large pieces of machinery. The driver asserted they were travelling under the Multi-State Class 1 Load carrying Vehicle Mass Exemption Notice 2020 (No.1) whereby they could have carried 6.50 tonnes on the steer axle, 18.50 tonnes on the drive axle and 35.00 tonnes on the quad axle. However, as the vehicle was carrying two machines on the trailer, the vehicle was not eligible to run under the exemption and the general mass limits were applied. The court found that it was satisfied of the test set out in s600 of the HVNL and made a Supervisory Intervention Order for 6 months.	Section/Act s 96(1)(c) - severe Fine Penalty of $1,500 Supervisory Intervention Order (SIO) Operates for a period of six (6) months. Within one (1) month of this Order being made, the company is to engage an accredited training provider to provide training to all directors, senior management and persons responsible for the operations of transport activities, including drivers, within the company. The training must include training in respect of: Compliance with mass requirements relevant to heavy vehicles; Compliance with dimension requirements relevant to heavy vehicles; Compliance with loading requirements relevant to heavy vehicles. Compliance with Multi-State Exemption Notices. Within six (6) months of this Order being made, the company must provide to the NHVR the names and training records of all persons who complete the training.
11 November 2022 Goulburn Local Court Accused type: Individual - AS 4363	The accused was charged with one count of driver not complying with dimension requirements - severe risk. The accused was driving a heavy vehicle combination consisting of a prime mover towing a flatbed trailer. The flatbed trailer had two light vehicles loaded, and a further light vehicle was loaded on a frame fitted to the prime mover. The vehicle was measured at 21.46 meters, exceeding its permitted length of 19 metres. The accused attempted to rely on the New South Wales Class 1 Load Carrying Exemption Notice 2019 (No. 1). However, as the accused was not carrying an indivisible load, and they were not an eligible vehicle under the load and it did not apply. After some discussion, the accused plead guilty. The prosecution made an order under chapter 10 of the HVNL for a Commercial Benefits Penalty Order in the amount of $300. Her Honour afforded the offender the 25% discount for their early plea of guilty. Her Honour noted the maximum penalty. Her Honour expressed that it was a serious matter and that there was a clear commercial benefit. Her Honour ordered he pay a fine of $1,200, with costs and moiety awarded to the NHVR. Her Honour made the Commercial Benefits Penalty Order, noting her discretion to make an order of three times the amount. Her Honour made the order in the amount of $600.	Section/Act C1 - s 102(1)(b)(iii) - severe Fine Penalty of $1,200 $102 filing fee Other orders Conviction recorded Commercial Benefits Penalty Order - $600
11 November 2022 Goulburn Local Court Defendant type: Individual - AS 4302	The accused was charged with one count of solo driver work more than standard maximum time - critical risk. In the relevant 24-hour period, the accused had driven 14-hours, exceeding the permitted 12-hours by 2-hours. This resulted in a critical risk breach. The accused entered a plea of guilty with explanation and submitted on his personal circumstances, including his financial circumstances. The prosecution applied to make a Supervisory Intervention Order. The prosecution submitted that if the Court were minded to impose a fine as well as a Supervisory Intervention Order, it would not oppose the fine being reduced to reflect the costs associated with a Supervisory Intervention Order. Her Honour made the Supervisory Intervention Order. The Supervisory Intervention Order requires the accused to undertake training on his work diary requirements, and to purchase and use an Electronic Work Diary.	Section/Act C1 – s 250(1)(a) – critical Fine Penalty of $500 $102 filing fee Other orders • Conviction recorded Supervisor Intervention Order (SIO) For 12-months for training for fatigue management and compliance with mass requirements. The accused must also use an Electronic Work Diary.
27 October 2022 Parramatta Local Court Accused type: Company accused – AS 4650	The accused was charged with 1 count of failing to comply with an enforceable undertaking (EU). After the accused was charged with a severe over-mass offence that occurred on 12 August 2020, the accused entered into an EU with the NHVR on 7 May 2021. Subsequently, on 24 June 2021, the charge against the accused was withdrawn. The EU required the accused to undertake 3 activities within 12 months of entering into the EU but, despite extensions being granted, the EU was not complied with. The accused pleaded guilty to the charge and submitted that the company was nearly bankrupt, no longer had staff and was selling assets to pay off debts. The Magistrate stated it was a significant offence undertakings need to be taken seriously when they are entered as an alternative to court proceedings.	Section/Act C1 – s 590(B)(2) Penalty Conditional Release Order (also known as a good behaviour bond) for a period of 2 years. Other orders Order requiring the accused to comply with the EU within 12 months of the date of the order.
26 October 2022 Dubbo Local Court Defendant type: Corporate defendant - AS 4388	The defendant operated a heavy vehicle loaded with a variety of items including heavy pallets and truck axles. The defendant pleaded guilty to not complying with dimension requirements – severe risk; and not complying with loading requirements – severe risk. The vehicle’s load shifted due to poor positioning and application of load restraint devices.	Section/Act C1 - s 102(1)(b)(iii) HVNL- severe C2 - s 111(1)(c) HVNL - severe Fine Penalty of $800 Other orders Conviction recorded Supervisory Intervention Order (SIO) For a period of six (6) months from the date that the Order is made with the following terms: Within one (1) month of this Order being made, the corporate defendant is to engage an accredited training provider to provide training to all directors, senior management and persons responsible for the operations of transport activities within the corporate defendant. Prior to undertaking any training, the details of the training provider and proposed training content are to be supplied to the NHVR. The training must not be undertaken unless the NHVR has confirmed that the relevant training provider proposed is sufficiently accredited and that the course proposed sufficiently addresses the requirements of this Order. The training must include training in respect of: Compliance with mass requirements relevant to heavy vehicles; Compliance with dimension requirements relevant to heavy vehicles Compliance with loading requirements relevant to heavy vehicles. Within six (6) months of this Order being made, the corporate defendant must provide to the NHVR the names and training records of all persons who complete the training to the NHVR. Within six (6) months of this Order being made, the corporate defendant must provide to the NHVR the content of the training, including copies of any systems or written procedures implemented as a result of the training to the NHVR.
7 October 2022 Goulburn Local Court Defendant type: Individual - AS 4456	The accused was charged with 1 count of obstructing an authorised officer etc exercising power under law. On 27 June 2022, the accused was directed to enter the Heavy Vehicle Safety Station at Marulan. The Regulator’s authorised officers commenced exercising the power to inspect the heavy vehicle and to inspect the work diary. Her Honour convicted the accused and agreed the officers were obstructed not only from exercising the power, but from providing education to the accused. She noted that there was a strong need for general deterrence due to the risk to safety. Her Honour agreed there was an extensive history and that there was evidently a positive disregard by the accused of his professional obligations and of public safety. She agreed there was a concern that, without imposing a Supervisory Intervention Order (SIO), there was a risk for further offending.	Section/Act C1 - s 584(1)(a) Fine Penalty of $1,600 $102 filing fee Other orders Conviction recorded Supervisory Intervention Order (SIO) Supervisory Intervention Order (SIO) for 12 months for training for fatigue requirements, and for an Electronic Work Diary.
7 October 2022 Goulburn Local Court Defendant type: Individual – AS 4796	The accused was charged with 1 count of working more than standard hours (critical risk breach) and 1 count of resting less than minimum hours (critical risk breach). In the 24-hour period between 13:30 on 13 June 2022 and 13:30 on 14 June 2022, the accused recorded that he worked a total of 19 hours and 15 minutes, and rested for a continuous period of 2 hours and 45 minutes. Her Honour agreed the offences were made out and proceeded to sentence. Before doing so, Her Honour commented “I don’t think I’ve ever seen that many hours of work in a 24-hour period before.” The accused had no prior heavy vehicle record.	Section/Act C1 – s250(1)(a) – critical C2 – s250(1)(b) – critical Fine Penalty of $12,000 $102 filing fee Other orders Conviction recorded
30 September 2022 Gosford Local Court Defendant type: Corporate defendant -AS 5495	Officers at Mount White HVSS intercepted and inspected a Tipper and Dog trailer combination. The defendant was charged with 3 counts of permitting a heavy vehicle to be driven while over mass severe risk breach. Charge 1 relates to Gross mass. Charges 2 and 3 relate to axle groups 2 and 4 of the same vehicle, respectively. No prior history. Evidence was tendered that the company is relatively small, and financially fragile. Evidence provided by defendant that company had counselled the driver and provided additional training.	Section/Act C1 - C3 – s 96(1)(c) – severe Fine Penalty for C1 of $10,000. Other orders Conviction recorded Convicted and no further penalty imposed on C2 and C3.
30 September 2022 Penrith District Court Defendant type: Corporate defendant – AS 5326; 4265	The defendant was charged with 1 count of permitting a heavy vehicle to be driven while over mass – SEVERE risk breach. One prior conviction for a severe over mass offence. Three PINs issued for similar minor category over mass offence. One of the PINs was for an offence that post-dated this offence.	Section/Act C1 – s 96(1)(c) - severe Fine Penalty of $10,000 $102 filing fee Other orders Conviction recorded
28 September 2022 Temora Local Court Defendant type: Individual - AS 4563	The Accused was charged with solo driver rest for less than standard minimum rest time - critical risk. Defendant’s fifth heavy vehicle offence in 8 years. The matter was adjourned twice due to the defendant. On this basis the matter proceeded by way of s.196.	Section/Act C1 - s 250(1)(b) – critical Fine penalty of $400 $102 filing fee Other orders Conviction recorded Supervisory Intervention Order (SIO) For a period of six (6) months; Within one (1) month of this Order being made, the accused is to engage an accredited training provider to provide training in relation to their work diary at their own expense. Prior to undertaking any training, the details of the training provider and proposed training content are to be provided to the Regulator. The training must not be undertaken unless the Regulator has confirmed that the relevant training provider proposed is sufficiently accredited and that the course proposed sufficiently addresses the requirements of this Order. Upon completion of the training the accused is to send a copy of the completion certificate to the NHVR. On the 1st Monday of each month the accused is to provide copies of their work diary to the NHVR.
9 September 2022 Goulburn Local Court Defendant type: Individual defendant – AS 4263	The Accused was charged with the following offences: False or misleading entry in work record - s 325(1) HVNL False or misleading entry in work record - s 325(1) HVNL Fail to record information as prescribed by national regulations - s 296(1) HVNL Fail to record required information after starting work - s 297(2) HVNL The Accused had a record of similar offences. The Accused was represented by a legal practitioner in Court. Upon the plea of guilty, the NHVR tendered written submissions and proposed order in an application by consent for a Supervisory Intervention Order. The application was granted. The presiding Magistrate noted that the offences, coupled with the Accused antecedence were serious, and that the installation of an electronic work diary would foster safe practices by the Accused.	Section/Act 2x s 325(1) HVNL 1x s 296(1) HVNL 1x s 297(2) HVNL Penalty s 10A Supervisory Intervention Order (SIO) For 12 months in the following terms: The Accused is to undertake the ‘TLIF0005 Apply a fatigue risk management system’ training. The Accused is to obtain and commence using a NHVR approved Electronic Work Diary.
9 September 2022 Goulburn Local Court Defendant type: Corporate defendant – AS 5085	The corporate Accused was charged with one count of ‘permit other to drive heavy vehicle not comply mass requirements - severe risk’ contrary to s 96(1)(c) of the HVNL. The Accused had an extensive enforcement and prosecution history. The Accused was represented by a legal practitioner in Court. Upon the plea of guilty, the NHVR tendered written submissions and a proposed order in an application by consent for a Supervisory Intervention Order. The application was granted. The presiding Magistrate noted that the offence was serious, and that the objective of the HVNL is to promote safe business practices.	Section/Act 1x s 96(1)(c) HVNL Fine $2,400 $102 filing fee Supervisory Intervention Order (SIO) For 6 months in the following terms: All directors, senior management and persons responsible for the operations of transport activities, including drivers are to complete educational training. Evidence of the installation of any equipment fitted to all heavy vehicles under the company name which monitors and manages compliance with the mass requirements of the HVNL.
1 September 2022 Penrith Local Court Defendant type: Individual	The defendant was charged with a critical risk breach of working more than the allowed hours under BFM accreditation. The defendant pleaded guilty to this charge in Penrith Local Court on 1 September 2022. This was the third offence of the same kind for the defendant. The NHVR applied to the Court for a Supervisory Intervention Order on this basis. The defendant was represented by a barrister who confirmed that the Supervisory Intervention Order was consented to but asked the Court to take it into consideration as a reason for not proceeding to a conviction. The presiding Magistrate noted the defendant’s history and noted that the offending was not “trivial” and commented on the risk that a fatigued driver had on themselves, other road users, and the community.	Section/Act 1x – s 254(1)(a) HVNL - critical Fine Penalty of $2,000 Other orders Conviction recorded Costs of $102 Supervisory Intervention Order, (SIO) 12-month term Education Electronic Work Diary Monthly provision of work diary records to NHVR Compliance team Suspension of fine until the end of this Order
25 August 2022 Lithgow Local Court Defendant type: Corporate defendant - AS 4510	The defendant was charged with 1 count of permitting a heavy vehicle to be driven while over mass – severe risk breach – the seventh offence of this nature in 2 years. The heavy vehicle was intercepted on 27 May 2022 by TfNSW On Road Officers. It was weighed and was found to be over mass. The second axle weighed 19.9 tonnes with the allowable mass limit being 16.5. This was a SEVERE risk breach and was 120.6% of the permissible weight for the heavy vehicle. The heavy vehicle was loaded with blocks of sandstone and was travelling from Mount Druitt to Hartley NSW through the Blue Mountains.	Section/Act C1 - s 96(1)(c) – severe Fine Penalty of $2,500 $102 filing fee Other orders Conviction recorded A Commercial Benefits Order (CBO) of $1,683
24 August 2022 Windsor Local Court Defendant type: Corporate defendant - AS 4340	The defendant company was charged with permitting a person to drive a heavy vehicle that does not comply with the relevant mass requirements applying to the vehicle. On 8 June 2022, the defendant’s vehicle was intercepted and found to be in breach of the relevant mass requirements on its rear axle group (severe risk breach - overload of 120.3%). The vehicle was also found to be in breach of its gross mass (substantial risk) and its fourth axle group (minor breach). Two vehicle defect notices were also issued. The defendant had been convicted of 10 previous mass related offences between 2015 and 2021. The defendant entered a plea of guilty. The prosecutor noted that this offence was at the mid-range of objective seriousness, noted the defendant’s record and applied for a Supervisory Intervention Order.	Section/Act C1 – s 96(1)(c) - severe Fine Penalty of $10,000 Other orders Conviction recorded Supervisory Intervention Order (SIO) made requiring the defendant to undergo mass training
23 August 2022 Downing Centre Local Court Defendant type: Corporate defendant - AS 4588	The corporate defendant was charged with one count of failure to provide information required by authorised officer. The maximum penalty for this offence is $34,550. The corporate defendant had no prior prosecution history. The corporate defendant did not appear in Court on this occasion. The NHVR applied to the Court to have the charges dealt with in its absence. The Application was granted, and the corporate defendant was convicted and sentenced. The presiding Magistrate noted that the offence was serious, and that the objective of the HVNL is to promote productive and efficient business practices.	Section/Act 1x – s 570(3) HVNL Fine: Penalty of $15,000 Other orders: Conviction recorded
11 August 2022 Penrith Local Court Defendant: Self represented - AS 4623	The defendant was charged with 1 count of working more than the standard hours – CRITICAL risk breach – fourth offence in the last 6 years. On 6 April 2022, a heavy vehicle prime mover failed to enter the weighbridge as directed. A Notice to Produce was sent to the registered operator of the vehicle to ascertain the personal details of the driver and obtain work diary records. On 30 May 2022, the registered operator responded to the Notice to Produce. An examination of the work diary records indicated that the driver worked 14.5 hours work in a 24 hour period, which is 2.5 hours more than the maximum standard hours. This is considered a critical breach in accordance to schedule 1 of the Heavy Vehicle (Fatigue Management) National Regulation (NSW) 2013.	Section/Act C1 – s 250(1)(a) - critical Fin Penalty of $700 Other orders Convictions recorded Supervisory Intervention Order (SIO): This Order operates for a period of six (6) months. Within one (1) month of this Order being made, defendant is to engage an accredited training provider to complete an accredited fatigue risk management course (the "Training"). Prior to undertaking any training, the details of the training provider and proposed training content are to be supplied to the NHVR; The training must not be undertaken unless the NHVR has confirmed that the relevant training provider proposed is sufficiently accredited and that the course proposed sufficiently addresses the requirements of this Order; Within six (6) months of this Order being made, defendant is to provide documentary evidence of successful completion of the Training by sending an email containing this information to NHVR.
8 August 2022 Finley Local Court Defendant type: Individual defendant - AS 4565	The defendant was charged with 1 count of solo driver rest less than standard minimum time – critical risk. The defendant had one prior relevant offence of making a false or misleading entry in a work record.	Section/Act C1 – s250(1)(b) – critical risk Penalty Penalty of $1,000 $102 filing fee Other orders Conviction recorded Supervisory Intervention Order (SIO) requiring training in work diary requirements.
8 August 2022 Penrith Local Court Defendant: Corporate defendant – AS 4265	The defendant was charged with 1 count of permitting a heavy vehicle to be driven while over mass – SEVERE risk breach – second offence of this nature in 6 years.	Section/Act C1 – s 96(1)(c) - severe Fine Penalty of $10,000 $102 filing fee Other orders Convictions recorded
25 June 2021 Downing Centre Local Court Defendant type: Corporate defendant	Permit another person to drive a heavy vehicle not complying with mass requirement – severe risk breach. The vehicle's permitted mass on the first axle was 6 tonnes. On this occasion, the mass of the first axle was assessed at 7.25 tonnes; being a 20.8% overload. NHVR submissions: The overload, combined with defective brakes and tyres, presented a real safety risk to community. The lack of driver training elevated the objective seriousness of the offending. Defendant’s submissions: They are a small company. They are remorseful and had taken steps to correct the issues evidenced by the driver handbook (tendered). Issues arising from the COVID-19 pandemic meant training was not at the forefront of their consideration at the time. A forklift was used to make the corrections so weight was evenly distributed over the axles.	Section/Act s 96(1)(c) Fine $6,000 Other orders Convictions recorded
22 July 2020 Corowa Local Court Defendant: Driver	The defendant was charged with two counts of making false or misleading entries in work record.	Section/Act 2x s325(1) HVNL Fine $5,000 (per count) Total: $10,000 Other orders Convictions recorded
20 July 2020 Downing Centre Local Court Defendant: Company	The defendant was charged with a Severe category over mass offence. The vehicle was overloaded by 25% on the tri-axle and the defendant had two prior convictions for similar matter in 2018 and 2019. It was noted that while the maximum penalty had the defendant been an individual was $14,000.00 as it was a Corporation, the Court was entitled to impose a max fine of around $70,000.00, pursuant to s596 of the HVNL.	Section/Act s96 HVNL - severe Fine $10,000 Other orders Conviction recorded
15 July 2020 Forster Local Court Defendant: Company	A Kenworth B-Double combination was directed to stop at the Jones Island Heavy Vehicle Checking Station on 19th February 2020. Tests were carried out and it was found that the speed limiter was set to 125.5 km/h – more than 25 per cent above the allowed threshold. The matter was heard in Forster Local Court on 15 July. The prosecution submitted that the offence was at the higher end of seriousness, as the company’s truck was able to travel at more than 25 per cent above the maximum speed limit, creating a real risk to public safety.	Section/Act s93 HVNL Fine $10,000 Other orders Convictions recorded

Court details

Offence

Penalty

29 May 2025

Port Augusta Magistrates Court

Defendant type: company - AS 48435

On 7 May 2024, a prime mover towing trailers was intercepted by SCO’s at the Stirling North checking station. The vehicle was weighed and prime mover’s drive axle exceeded its permitted mass of 17 tonnes by 4.4 tonnes, an overload of 125%. The driver stated that he was not aware of the weight as he simply drove the pre-loaded vehicle. The company declined to be interviewed.

The prosecution made submissions that this was a severe mass breach and that the corporate multiplier be applied to reflect the seriousness of the breach. The defendant’s history which involved previous offending for a dimension breach was brought to the court’s attention.

The defendant stated that the vehicle was overloaded because the trailers were hitched the wrong way around and once this was addressed, the vehicle was allowed to continue its journey.

The magistrate considered the submissions put by the parties. The corporate multiplier was applied and a significant penalty was imposed.

Section/Act

1 x 96(1)(c) HVNL

Outcome

convicted

Fine

$10,000

26 May 2025

Parramatta Local Court

Defendant type: Individual - AS 29263

The accused was convicted on 6 November 2023, at the Hay Local Court for a fatigue offence under the HVNL and SIO was granted.

Under the SIO, the accused was required to supply work diary pages to the Regulator.

The Regulator received the accused’s work diary records for the December 2023 period.

The Regulator detected the offending from the work diary pages.

The accused failed to appear before the Parramatta LC on 26 May 2025.

An application was made under s196 of CPA to proceed ex parte.

Section/Act

3 x Solo driver work more than standard maximum time- critical risk- s 250(1)(a) HVNL- Law Part Code: 80123
3 x Solo driver rest less than standard minimum time- critical risk- s 250(1)(b) HVNL- Law Part Code: 80124
5 x Make false or misleading entry in work record- s 325(1) HVNL- Law part Code: 80249

Outcome

Conviction on all 11 counts

Fine

$45,000.00 total fine
Charges 1 to 6: $5,000 monetary penalty for each fatigue offence.
Charges 7 to 11: $3,000 monetary penalty for each offence.

Educational Points

Monitor drivers’ activities and log book records to limit the likelihood of false and misleading entries.
Ensure that all drivers have read and understood the instructions in the front of the National Driver Work Diary.
Ensure that all drivers are familiar with time counting requirements under the Heavy Vehicle National Law in line with the instructional videos found on the NHVR website.
Ensure that all drivers have completed relevant training in fatigue management and that regular refresher courses are completed.
Employers should prepare and provide driver schedules which include suggested break times and locations to ensure compliance with work and rest break requirements.
Ensure that drivers notify their supervisor of any infringement of road rules and enforcement action taken against them.
Prepare and provide driver schedules which include suggested break times and locations to ensure compliance with work and rest break requirements.

19 May 2025

Parramatta Local Court

Defendant type: Company - AS 60763

On 6 July 2024, authorised officers of the NHVR detected a heavy vehicle travelling on New England Highway A15 adjacent to Kankool Heavy Vehicle Safety Station which it failed to enter.

On 9 July 2024, authorised officers sent a Notice to Produce to the registered owner of the vehicle, requesting the name and residential address of the driver of vehicle on 6 July.

The NHVR did not receive any reply to the Notice to Produce dated 9 July 2024. This Notice was sent by post.

On 13 August 2024, authorised officers sent a second Notice to Produce to the registered owner of the vehicle. The registered operator was required to reply by 27 August 2024.

The NHVR did not receive any reply to the second Notice. This second Notice was sent by registered post and confirmed by Australia Post as being delivered on 26 August 2024.

Magistrate granted Application to proceed. Mid-range of objective seriousness. General deterrence necessary. Taken into account the purpose of sentencing.

Section/Act

1 x 570(3) HVNL

Outcome

convicted

Fine

$12,000

14 May 2025

Blacktown Local Court

Defendant type: Individual - AS 60282

On 3 February 2025, the accused was intercepted by Authorised Officers while driving a heavy vehicle in New South Wales. During the inspection, they falsely stated that they had not been driving the vehicle earlier that day, despite evidence showing the vehicle was in use during that time.

They maintained this position until their employer confirmed they were the sole driver that day. The accused then admitted to providing false information and failing to record their actual driving hours, claiming confusion and advice from a friend.

Section/Act

s 701(1) HVNL

Outcome

conviction recorded

Fine

$6,000

12 May 2025

Parramatta Local Court

Defendant type: Company - AS 60590

On 13 August 2024, a heavy vehicle, an 8-axle Liebherr LTM165, was travelling Westbound on Western Freeway, Myrniong, Victoria, crossing over Reservoir Bridge.

The vehicle is a Class 1 Special Purpose Vehicle mobile crane. The vehicle’s movements are shown on the Non-Compliance Report Viewer (NCR). The vehicle was on a journey from Wendouree, VIC to Brooklyn, VIC.

The vehicle's GVM is 96 tonnes with the boom attached. It was operating under an authorisation permit from the NHVR. The permit authorisation would allow the vehicle to operate on the 6+ Axle All Terrain Mobile Crane with Reduced Axle Masses network, which means the vehicle can operate at a reduced mass of 61.6 tonnes.

Reservoir Bridge is approved under the 6+ Axle All Terrain Mobile Crane with Reduced Axle Masses network, which means the vehicle would be able to cross the bridge at a reduced mass of 61.6 tonnes as per the condition of the authorisation permit.

On 13 August 2024, the vehicle was captured on Safe-T-Cam Victorian Department of Transport to be travelling with the boom still attached to the vehicle on Western Freeway, Myrniong crossing over Reservoir Bridge above Pykes Creek Reservoir.

This meant the vehicle’s gross mass weight was still operating at 96 tonnes whilst travelling over Reservoir Bridge. The vehicle contravened the condition of operating on Reservoir Bridge by travelling over the reduced mass limit of 61.6 tonnes.

Section/Act

s 129(2) HVNL

Outcome

conviction recorded

Fine

$12,000

12 May 2025

Parramatta Local Court

Defendant type: Individual - AS 59648

On 2 June 2024, the accused was found to have committed two critical fatigue-related breaches under the Heavy Vehicle National Law (HVNL). Over a 24-hour period, they worked 16 hours and 30 minutes—exceeding the 12-hour legal limit—and took only 3 hours of continuous rest instead of the required 7 hours.

The breaches were detected through analysis of Safe-T-Cam data and the accused’s work diary, which had been provided by the vehicle’s operator in response to a notice to produce. The conduct posed a critical fatigue risk, and the accused was also issued a penalty notice for a separate, minor work-time offence.

Section/Act

s 250(1)(a) HVNL
s 250(1)(b) HVNL

Outcome

conviction recorded

Fine

$4,500 for each offence

8 May 2025

Forbes Local Court

Defendant type: Individual - AS 59899

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.

Section/Act

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

Outcome

convicted

Fine

$8,250
$1,596 - professional costs

Supervisory Intervention Order (SIO)

A 12-month SIO was ordered with the following conditions:

Defendant must carry a copy of the order when operating a heavy vehicle and produce it when required.
Complete training courses on completing work diaries and applying fatigue management strategies.
Obtain and commence to use an Electronic Work Diary (EWD) and provide the NHVR on the first business day of each month, a copy of the records of their usage of the EWD for the preceding month.

Educational Points

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.

5 May 2025

Parramatta Local Court

Defendant type: Company - AS 60675

On 18 February 2025, at Douglas Park, New South Wales, a heavy vehicle, a 5-axle heavy vehicle, was used on a road, the Hume Highway, in circumstances where the heavy vehicle was in contravention of a dimension exemption applying to the vehicle in that it was not in compliance with the Intelligent Transport System.

Section/Act

1 x s 129(1) HVNL

Outcome

convicted

Fine

$6,000

Educational Points

First prosecution of this type in New South Wales.
General and specific deterrence to ensure companies comply with the change in permit conditions.

17 April 2025

Wollongong Local Court

Defendant type: Company - AS 60251

Intercepted on 18 February 2025 at Mt Ousley.

Vehicle loaded with scrap steel/metal.

Vehicle was 2.6m wide when only allowed to be 2.5m wide.

Corporate accused did not appear at Court and the matter proceeded ex parte.

Section/Act

1 x 102(1)(b)(iii)

Outcome

convicted

Fine

$10,000

Educational Points

Supply staff with measuring devices and training as to dimension requirements.
Ensure vehicles, esp. trailer sides, are maintained and structurally sound.

7 April 2025

Parramatta Local Court

Defendant type: Company - AS 59070

On 2 June 2024 at 7:31pm authorised officers of the NHVR detected a heavy vehicle travelling on Pacific Highway A1 which failed to enter the 12-Mile Heavy Vehicle Safety Station.

On 4 June 2024, authorised officers sent a Notice to Produce to the registered owner of the vehicle requesting the name and residential address of the driver of vehicle on 02 June 2024 at 7:31pm. The registered operator was required to reply within 21 days.

The NHVR did not receive any reply to the Notice to Produce dated 04 June 2024.

On 24 July 2024, authorised officers sent a second Notice to Produce to the registered owner of the vehicle. The registered operator was required to reply within 14 days.

The NHVR did not receive any reply to the second Notice dated 24 July 2024.

The matter was before the Parramatta Local Court on the 07 April 2025. There was no appearance by the accused.

The Magistrate granted leave to have the matter heard by exparte after proof of service was tendered.

Section/Act

1 x s 570(3) HVNL

Outcome

convicted

Fine

$10,000

27 March 2025

Penrith Local Court

Defendant type: Company - AS 59793

On 22 May 2023, Authorised Officers of the National Heavy Vehicle Regulator (NHVR) intercepted a Kenworth heavy vehicle travelling on Luddenham Rd, Orchard Hills NSW.

A vehicle inspection was carried for compliance under the Heavy Vehicle National Law (HVNL).

It was ascertained that the vehicle's 2nd axle group was weighed at 28.15 tonnes. Taking into account the applicable mass adjustment, the vehicle's assessed mass was 27.65 tonnes on the 2nd axle group, an excess mass of 6.65 tonnes, or an overload of 131.6%.

Section/Act

1 x s 96(1)(c) HVNL

Outcome

convicted

Fine

$30,000
$114 - prosecution fee

6 March 2025

Lithgow Local Court

Defendant type: Company - AS 58715

On 23 October 2024, a heavy vehicle was intercepted on the Great Western Highway and found to be 120% over the permitted axle mass, posing a severe risk breach. The accused, with a prior conviction for a similar offence, permitted the vehicle to be driven despite exceeding the legal 9-tonne limit, with an adjusted mass of 10.88 tonnes. The driver, who loaded the vehicle themselves, admitted they did not check the weight, were unaware of legal limits

Section/Act

1 x s 96(1)(c) HVNL - severe

Outcome

conviction recorded

Fine

$15,000

3 March 2025

Young Local Court

Defendant type: Individual - AS 59292

A heavy vehicle in a B-double configuration was intercepted in Young for a random compliance inspection by NHVR Authorised Officers.

The driver was aggressive and threw their work diary at an officer, striking them in their upper chest/lower head area.
The driver’s work diary was found to contain a false and misleading entry where they recorded resting when the vehicle was sighted moving.

Section/Act

s 584(1)(a), HVNL
s 325(1), HVNL

Outcome

convicted

Fine

$2,000
$228

Other orders

Community Correction Order for a term of 12 months.

24 February 2025

Parramatta Local Court

Defendant type: Individual - AS 58829

On 24 October 2024, Authorised Officers of the NHVR observed a heavy vehicle travelling on Old Wallgrove Road, Eastern Creek in New South Wales.

The accused produced a photo of his Queensland driver's licence number. The photo on the licence resembled the driver.

A check of records showed the accused’s Queensland licence number was cancelled on 16 November 2022.

A further check of records showed the accused’s New South Wales driver's licence number was disqualified from 7 June 2022 until 6 February 2027 at Penrith Local Court for an offence of driving with high-range PCA.

The matter was before the Parramatta Local Court on 24 February 2025. There was no appearance by the accused.

The Magistrate granted leave to have the matter heard by ex parte, pursuant to s.196 of Criminal Procedure Act, after proof of service was tendered.

Section/Act

1 x 54(1)(a) Road Transport Act 2013

Outcome

convicted
arrest warrant issued

21 February 2025

Liverpool Local Court

Defendant type: Company - AS 38997

The company, being the registered operator of a chargeable heavy vehicle failed to notify Transport for NSW (TfNSW) of any change during the currency of the registration in the construction equipment configuration use or ownership of the heavy vehicle. Such change would be of such nature that registration charges or additional charges would be payable when the change occurred. The company permitted or authorised the use of the vehicle by another before notification was given to TfNSW.

On 15 March 2024, the accused permitted a driver to drive heavy vehicle. On the same day the vehicle was registered with TfNSW for use with configuration code of SP3 or PM1.

The correct configuration code for the use of the heavy vehicle was MR3 or RT2. The change would have resulted in additional charges to be payable. The difference in annual registration fees for a configuration code for SP3 or PM1 is $5,316, and an MR3 or RT2 is $10,727. A difference of $5411.00.

On 24 January, the accused failed to appear at Liverpool Local Court, and the prosecution sought an adjournment for a second mention to give the accused the opportunity of fair process.

On 21 February, the accused failed to attend the Liverpool Local Court for second mention. The Magistrate granted ex-parte and proceeded with the sentencing.

Section/Act

Schedule 2 cl 11(1) RTA 2013

Outcome

convicted

Fine

$20,000
$114 - prosecution fee

17 February 2025

Parramatta Local Court

Defendant type: Company - AS 58904

On 18 November 2023, Authorised Officers of the NHVR detected an Iveco rigid heavy vehicle travelling northbound on M1 Sydney-Newcastle Motorway. The vehicle failed to enter the Mount White North Heavy Vehicle Safety Station.

On 21 November 2023, the NHVR sent a Notice to Produce to the registered operator of the vehicle requesting the name and residential address of the driver of vehicle on 18 November 2023.

No reply was received. On 6 March 2024, the NHVR sent a second Notice to Produce to the registered operator of the vehicle requesting the name and residential address of the driver of vehicle on 18 November 2023.

The NHVR did not receive a reply to the second Notice to Produce dated 6 March 2024. On 9 April 2024, the second Notice to Produce was received by the Regulator, return to sender. On 9 April 2024, a further second Notice to Produce was posted to the registered operator of the vehicle requesting the name and residential address of the driver of vehicle on 18 November 2023. No reply was received.

The matter was before the Parramatta Local Court on 17 February 2025. There was no appearance by the Accused. The Magistrate granted leave to have the matter heard by ex parte after proof of service was tendered.

Section/Act

1 x s 570(3) HVNL

Outcome

convicted

Fine

$12,000

11 February 2025

Downing Centre Local Court

Defendant type: Company - AS 19497

On 7 March 2023, at the Downing Centre Local Court, the Company was convicted and fined a total of $3,000 for two breaches of the HVNL. The offences related to the Company failing to produce documents and information to the NHVR over a protracted period of time.

The Court also made a Supervisory Intervention Order (SIO) for one year. The SIO required the Company to provide its employees and contractors with training approved by the NHVR; provide its drivers with Electronic Work Diaries (EWD); and give records of EWD use to the NHVR.

The Company initially notified the NHVR of its current employees and contracted drivers but failed to provide training or ensure EWDs were used.

Despite repeated attempts by the NHVR to assist the Company to comply with the SIO, it failed to do so.

The prosecution of the Company for failing to comply with the SIO demonstrates the importance the NHVR places on SIOs.

Section/Act

s 604 HVNL

Outcome

conviction recorded

Fine

$20,000
$114 - prosecution fee

8 November 2024

Goulburn Magistrates Court

Defendant type: Individual - AS 58226

A heavy vehicle operator was recently sentenced for four serious breaches of a Supervisory Intervention Order (SIO) under the Heavy Vehicle National Law (HVNL), each carrying a maximum fine of $13,310.

The breaches included failing to update contact information, neglecting to engage an accredited training provider, not purchasing and using an Electronic Work Diary (EWD), and failing to provide records of EWD usage, all essential for managing driver fatigue and ensuring road safety.

The operator had a history of non-compliance. Despite, multiple reminders from the National Heavy Vehicle Regulator, the operator made no effort to meet these legal obligations.

Section/Act

4 x s 604 HVNL

Outcome

convictions recorded for each offence

Fine

$12,000
$456 - prosecution fee

16 September 2024

Parramatta Local Court

Defendant type: Company - AS 39387

On 7 October 2023 Authorised Officers of the NHVR detected a heavy vehicle travelling on the Pacific Highway Marulan New South Wales which failed to enter the Marulan North Avoidance Heavy Vehicle Safety Station.

On 11 October 2023, Authorised Officers sent a Notice to Produce to the registered owner of the vehicle, requesting the name and residential address of the driver of the vehicle detected on 7 October 2023. The registered operator was required to reply within 21 days. The NHVR did not receive any reply to the Notice to Produce dated 7 October 2023.

On 9 January 2024, Authorised Officers sent a second Notice to Produce to the registered owner of the vehicle. The registered operator was required to reply by within 14 days. The NHVR did not receive any reply to the second Notice dated 9 January 2024.

The matter was before the Parramatta Local Court on the 16 September 2024. There was no appearance by the Accused. The Magistrate granted leave to have the matter heard by ex parte after proof of service was tendered.

Section/Act

1 x s 570(3) HVNL

Outcome

convicted

Fine

$10,000

8 September 2024

Campbelltown Local Court

Defendant type: Individual - AS 41738

NHVR officers intercepted the defendant driving a heavy vehicle through Minto on 13 May 2024.

A check of their National Work Diary revealed that in the 24-hour period between 6pm on 9 May 2024 and 6pm on 10 May 2024 the accused had 4 hours and 30 minutes of continuous stationery rest time.

The defendant failed to appear at 1st mention and at 2nd mention and the court proceeded to sentence ex-parte.

Section/Act

1 x s 250(1)(b) HVNL

Outcome

convicted

Fine

$10,000

Educational Points

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.

6 September 2024

Gosford Local Court

Defendant type: Individual - AS 26299

The defendant was gainfully employed as a professional truck driver.

On 2 November 2023 New South Wales Police conducted a heavy vehicle compliance operation at the Marulan Heavy Vehicle Inspection Station when the defendant was intercepted driving a prime mover towing a fuel tanker semitrailer. The defendant produced their National Heavy Vehicle Work Diary and Police identified a number of breaches of the Heavy Vehicle National Law.

Police subsequently issued a Notice to Produce to the defendant’s employer, for the MT Speed Data for the vehicle and further offences were identified. On sentence the defendant failed to appear, and the matter proceeded via section 196 Criminal Procedure Act (NSW) 1986.

Section/Act

1 x s 329 HVNL
14 x s 325(1) HVNL
1 x s 254(1)(a) HVNL
9 x s 254(1)(a) HVNL
7 x s 250(1)(a) HVNL

Outcome

convicted

Fine

$45,000

Educational Points

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.

4 September 2024

Gosford Local Court

Defendant type: Corporate - AS 47346

On 18 June 2024 NHVR officers intercepted a tipper truck in a combination carrying aggregate/soil at Mount White.

The permitted mass on the 4th axle group was 22.5 tonnes. The vehicle had an assessed mass of 27.06 tonnes on the quad axle group, an excess mass of 4.56 tonnes or 120% overload constituting a severe mass breach. The vehicle GVM was also non-compliant with a minor mass breach overload of 102%.

The defendant had no prior history of regulatory offences.

Section/Act

1 x s 96(1)(c) HVNL

Outcome

convicted

Fine

$15,000

Educational Points

Identify the mass requirements that apply to each heavy vehicle and communicate this to relevant staff, including loaders and drivers.
Provide relevant staff the means to weigh or verify the weight of loads on heavy vehicles (e.g. on-board scales or portable scales).
Ensure weighing devices are installed on all heavy vehicles and are functioning correctly.
Ensure that all relevant staff are trained in mass requirements.
Ensure that all staff complete regular refresher courses in mass requirements.
Hold regular meetings, including Toolbox Talks, with staff.
Ensure that all policies and procedures are up-to-date, and that all relevant staff are familiar with the policies and procedures.
Prepare and provide pre-start trip inspection checklists that include mass checklists.

28 August 2024

Gosford Local Court

Defendant type: Individual - AS 24975

In any 24-hour period, the minimum rest time is 7 continuous hours of stationary rest time.

Upon inspection of the Work Diary a breach of the HVNL was identified for the period between 8:30am on 23 August 2023 and 8:30am on 24 August 2023 when the accused had only 4 hours of continuous stationary rest time.

Section/Act

1 x s254(1)(b) HVNL - critical

Outcome

convicted

Fine

$10,000

28 August 2024

Gosford Local Court

Defendant type: Individual - AS 37281

In any 24-hour period, the minimum rest time is 7 continuous hours of stationary rest time.

Upon inspection of the Work Diary, a breach of the HVNL was identified for the period between 4:00am on 2 April 2024 and 4:00am on 3 April 2024 when the accused had only 3 hours and 30 minutes of continuous stationary rest time.

Section/Act

1 x s 254(1)(b) HVNL - critical

Outcome

convicted

Fine

$14,000

9 August 2024

Goulburn Local Court

Defendant type: Individual - AS 32467

On 13 February 2024, the defendant’s National Driver Work Diary demonstrated that the defendant had only rested for 5 hours in a 24 hour period which was a critical breach

On 15 February 2024, the defendant’s National Driver Work Diary demonstrated that the defendant had only rested for 5.25 hours in a 24 hour period which was a critical breach.

Between 7:30am on 19 February and 7:30am on 20 February 2024, the defendant’s National Driver Work Diary demonstrated that they had only rested for 2.5 hours in a 24 hour period, which was a critical breach.

On 22 February 2024, the defendant made a false and misleading entry in their National Driver Work Diary. The defendant recorded that they left Blaxland, NSW on 22 February 2024 at 6:00am however they were intercepted at the Mount Boyce Heavy Vehicle Safety Station at 6:19am. Unless the defendant was travelling at an average of in excess of 162km/h, it was impossible for them to cover that distance in that timeframe.

Between 6:00am on 28 February and 6:00am on 29 February 2024, the defendant’s National Driver Work Diary demonstrated that they had only rested for 4 hours in a 24 hour period, which was a critical breach.

Section/Act

3 x s 250(1)(b) HVNL - critical
2 x s 325(1) HVNL - critical

Outcome

convicted

Fine

$15,400
$500 - prosecution fee

Supervisory Intervention Order (SIO)

A 12-month SIO was ordered with the following conditions:

Defendant must carry a copy of the order when operating a heavy vehicle and produce it when required.
Complete training courses on completing work diaries and applying fatigue management strategies.
Obtain and commence to use an Electronic Work Diary (EWD) and provide the NHVR on the first business day of each month, a copy of the records of their usage of the EWD for the preceding month.

9 August 2024

Goulburn Local Court

Defendant type: Company - AS 15343

The heavy vehicle width was measured at 2.63m wide when the vehicle was only allowed to be 2.5m wide.

Section/Act

1 x s 102(1)(b)(iii) HVNL

Outcome

convicted

Fine

$10,000

7 June 2024

Goulburn Local Court

Defendant type: Individual - AS 19572

Multiple breaches of the HVNL were detected through Safe-T-Cam systems and inspection of the accused’s Work Diary records, spanning several incidents from November 2022 to January 2023.

Section/Act

1 x s 250(1)(b) HVNL

Outcome

convicted
12 month Conditional Release Order (CRO)

Supervisory Intervention Order (SIO)

A 12-month SIO was ordered with the following conditions:

Implementation of Electronic Work Diary (EWD).
Completion of courses TLIE3028 (completion of work diaries) and TLIF2010 (fatigue management strategies).

5 June 2024

Gosford Local Court

Defendant type: Company - AS 23824

A heavy vehicle was intercepted on the Pacific Highway at Mount White by NHVR authorised officers. The vehicle’s load exceeded the permitted mass on the second axle group with an assessed mass of 11.04 tonnes when the permitted mass was 9 tonnes. The driver advised that the accused had permitted them to drive the vehicle from Riverstone to Kempsey

Section/Act

1 x s 96(1)(c) HVNL

Outcome

convicted

Fine

$1,800

Supervisory Intervention Order (SIO)

A 12-month SIO was ordered with the following conditions:

training in mass, dimension and loading requirements for all senior management, employees and contractors responsible for the operation of transport activities.
Installation of weight gauges and scales on all heavy vehicles owned and/or operated by the company.

27 May 2024

Parramatta Local Court

Defendant type: Individual - AS 19572

Multiple breaches of the HVNL were detected through Safe-T-Cam systems and inspection of the accused’s Work Diary records, spanning several incidents from November 2022 to January 2023.

Section/Act

1 x s 245(1)(b) HVNL
9 x s 325(1) HVNL

Outcome

convicted

Fine

$30,000

17 May 2024

Moama Local Court

Defendant type: Company - AS 17398

On 9 November 2023, a heavy vehicle owned by the company was stopped by NHVR authorised officers at the Marulan South Heavy Vehicle Safety Station for the purpose of a compliance check under the Heavy Vehicle National Law.

The prime mover was in combination with two Tautliner trailers and was carrying rolls of turf at the time of inspection.

The authorised officers saw a bulge in the left side curtain of the rear trailer that was measured to be protruding 201mm from the trailer.

The vehicle’s permitted dimension width was 2.5 meters. The load width dimension on the trailer was measured at 2.690 meters. There was an excess of 0.170 meters (170 cm).

Further offences relating to breaching mass requirements were identified on the 2nd axle group minor breach, 3rd axle group substantive breach, and 4th axle group substantive breach. These breaches were referred to the Investigating Officer to issue penalty notices.

A further offence was identified in the overall gross mass requirement substantive breach which was also referred to the Investigating Officer.

The driver was interviewed and indicated that they raised the bulge in the side of the trailer with the company’s allocator, who told them it was OK.

The company was charged with one offence under s 102(1)(b)(iii) of the HVNL for permitting the heavy vehicle to be used when it did not comply with its width dimension. The maximum penalty for a body corporate is $63,000.

The company pleaded guilty at the first available opportunity. It informed the Court that it had received a penalty notice for a broken gate that it believed may have contributed to this offence. The Company operates 40+ trucks. Following this incident, it employed a new general manager and consulted with a mass management company. The load coordinator was counselled after incident.

Section/Act

s 102(1)(b)(iii) HVNL

Outcome

convicted

Fine

$7,500

13 May 2024

Parramatta Local Court

Defendant type: Individual - AS 27650

In any 24-hour period, the minimum rest time is 7 continuous hours of stationary rest time.

Upon inspection of the work diary a breach of the HVNL was identified for the period between 8:15am on 4 December 2023 and 8:15am on 5 December 2023 the accused had only 4 1/4 hours of continuous stationary rest time.

Section/Act

1 x s 250(1)(b) HVNL

Outcome

convicted

Fine

$900

Supervisory Intervention Order (SIO)

An SIO was ordered with the following conditions:

Installation of an Electronic Work Diary (EWD).

9 May 2024

Parkes Local Court

Defendant type: Individual - AS 23456

On 7 December 2023 Police intercepted a heavy vehicle in Parkes and gave the driver a written direction to cease work and to rest from 2:30pm until 9:30pm.

The vehicle was subsequently intercepted at 9:13pm in Daroobalgie by NHVR Officers who found that the driver had made a false and misleading record in their work diary that between 1:45pm and 9:30pm they rested in Parkes.

The driver made a false and misleading entry in their work diary by recording that between 5pm on 5 December 2023 and 4am on 6 December 2023 they rested in Coonabarabran when their vehicle was sighted by Safe-T-Cam at 3:02am on 6 December 2023 at Boggabilla.

Section/Act

1 x s 542(1) HVNL
2 x s 325(1) HVNL

Outcome

convicted

Fine

$6,000

8 May 2024

Tweed Heads Local Court

Defendant type: Individual - AS 14617

The driver of the heavy vehicle was found to have in a 24-hour period worked more than the prescribed standard maximum work time.

In the same 24-hour period the driver was also found to have rested less than minimum required time under standard hour requirements.

The offence constituted a critical risk breach.

Section/Act

1 x s 250(1)(a) HVNL - critical
1 x s 250(1)(b) HVNL - critical

Outcome

convicted

Fine

$800

Supervisory Intervention Order (SIO)

A 6-month SIO was ordered with the following conditions:

training to be provided to all staff by an independent and suitably qualified training provider in respect of compliance with mass requirements relevant to heavy vehicles.

6 May 2024

Parramatta Local Court

Defendant type: Individual - AS 24395

The accused was the driver of the heavy vehicle. The heavy vehicle had a gross vehicle mass exceeding 12 tonnes constituting a fatigue regulated heavy vehicle.

Authorised officers required work records to be disclosed relating to the driver of heavy vehicle at Parramatta.

In a 24-hour period the prescribed BFM maximum work time was 14 hours. The accused worked to total of 16 hours recorded. The offence constituted a critical risk breach.

Section/Act

1 x s 254(1)(a) HVNL - critical

Outcome

convicted

Fine

$6,000

6 May 2024

Downing Centre Local Court

Defendant type: Company - AS 21463

The accused was the registered operator. On 12 December 2023 the accused permitted a driver to drive an over height heavy vehicle combination on Friendship Road, Port Botany.  

The prescribed height limit to the heavy vehicle was 5 meters. There was a permit obtained for the marine freight.  The assessed height of the heavy vehicle was 5.16 meters.

Section/Act

1 x s 102(1)(b)(iii) HVNL - severe

Outcome

convicted

Fine

$5,500

Educational points

Provide all staff involved in the loading of heavy vehicles access to a measuring device (e.g. measuring tape or height stick).
Identify the dimension requirements that apply to each heavy vehicle and communicate this to relevant staff, including loaders and drivers.
Require loaded vehicles to be measured and compared to the applicable dimension requirements prior to departure.

30 April 2024

Fairfield Local Court

Defendant type: Company - AS 13692

The defendant company was charged with permitting a driver to drive an over mass vehicle on a road.

The heavy vehicle was intercepted on 20 September 2023 by NHVR Safety and Compliance Officers at Smithfield, New South Wales.

The heavy vehicle’s mass was measured. The prescribed mass limit of the heavy vehicle’s tri-axle group was 20.0 tonnes. The assessed mass of the tri-axle group was 24.95 tonnes, an excess mass of 4.95 tonnes. This is 124.75% of the prescribed mass limit.

The driver stated that there were weight scales in the heavy vehicle driven but it was not accurate. The driver stated that the company had not provided training about mass and was not aware of separate axle weights.

The defendant company had a relevant court prior in 2021 and 2016.

Section/Act

1 x s 96(1)(c) HVNL - severe

Outcome

convicted

Fine

$4,000

Supervisory Intervention Order (SIO)

A 6-month SIO was ordered with the following conditions:

training to be provided to all staff by an independent and suitably qualified training provider in respect of compliance with mass requirements relevant to heavy vehicles.

Educational points

Identify the mass requirements that apply to each heavy vehicle and communicate this to relevant staff, including loaders and drivers.
Provide relevant staff the means to weigh or verify the weight of loads on heavy vehicles (e.g. on-board scales or portable scales that are accurate).
Ensure that all relevant staff are trained in mass requirements.

23 April 2024

Fairfield Local Court

Defendant type: Company - AS 19800

On 1 December 2023 at approximately 8:46am, an NHVR Safety and Compliance Officer conducted a compliance check on a heavy vehicle.

The vehicle consisted of a loaded 3-axle tipper and a 3-axle dog trailer. During the check, the officer weighed the vehicle, revealing a gross weight of 61.20 tonnes. This weight included severe risk breaches on all axles: the first axle at 6.85 tonnes, the second axle at 22.40 tonnes, the third axle at 11.45 tonnes, and the fourth axle at 20.50 tonnes.

The officer determined that the driver's employer was responsible for the overloaded vehicle and instructed the driver to continue driving. Consequently, the Regulator charged the employer for allowing the driver to operate an overweight heavy vehicle.

Section/Act

1 x s 96(1)(c) HVNL - severe

Outcome

convicted

Fine

$5,000

Educational points

Identify the mass requirements that apply to each heavy vehicle and communicate this to relevant staff, including loaders and drivers.

18 April 2024

Orange Local Court

Defendant type: Company - AS 18794

The defendant company was charged with permitting a driver to drive an over length vehicle on a road.

The heavy vehicle was intercepted on 19 October 2023 by NHVR Safety and Compliance Officers at Young, New South Wales.

The heavy vehicle’s length was measured. The prescribed length limit of the heavy vehicle was 26 metres. The assessed length of the heavy vehicle was 26.74 metres. This is an excess length of 740 millimetres.

The driver stated that he was not operating under any permit.

The defendant company had a relevant court prior in 2016.

Section/Act

1 x s 102(1)(b)(iii) HVNL - severe

Outcome

convicted

Fine

$2,200

Supervisory Intervention Order (SIO)

A 6-month SIO was ordered with the following conditions:

training to be provided to all staff by an independent and suitably qualified training provider in respect of compliance with dimension requirements relevant to heavy vehicles.

Educational points

Identify the dimension requirements that apply to each heavy vehicle and communicate this to relevant staff, including loaders and drivers.
Ensure that all relevant staff are trained in dimension requirements.

16 April 2024

Blacktown Local Court

Defendant type: Individual - AS 12600

The defendant was charged with making a false or misleading entry in their work record.

On 12 September 2023 at Huntingwood the defendant produced a National Work Diary. The defendant recorded they were the driver of a fatigue regulated heavy vehicle and that they were resting at Dubbo from 10.45pm to 11.15pm on 11 September 2023. The defendant signed the work diary page declaring it to be true and correct.

Such entry being false or misleading as the vehicle was sighted by Safe-T-Cam driving north on the Mitchell Highway at Cundumbul at 10.44pm.

Section/Act

s 325(1) HVNL

Outcome

convicted

Fine

$5,000

Educational points

Ensure all drivers have read and understood the instructions in the front of their National Driver Work Diary.
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.

15 April 2024

Parramatta Local Court

Defendant type: Company - AS 8713

On 5 February 2023 at 4:11am Authorised Officers of the NHVR detected a heavy vehicle travelling on Hume Highway which failed to enter the Marulan North Avoidance Heavy Vehicle Safety Station.

On 8 February 2023, Authorised Officers sent a Notice to Produce to the registered owner of the vehicle, requesting the name and residential address of the driver of vehicle on 5 February 2023 at 4:11am. The registered operator was required to reply within 21 days.

The NHVR did not receive any reply to the Notice to Produce dated 8 February 2023.

On 12 April 2023, Authorised Officers sent a second Notice to Produce to the registered owner of the vehicle. The registered operator was required to reply within 14 days.

The NHVR did not receive any reply to the second Notice dated 12 April 2023.

The matter was before the Parramatta Local Court on the 15 April 2024. There was no appearance by the accused.

The Magistrate granted leave to have the matter heard by ex parte after proof of service was tendered.

The Magistrate convicted and fined the accused $10,000.

Section/Act

s 570(3) HVNL

Outcome

convicted
no prosecution fee

Fine

$10,000

8 April 2024

Parramatta Local Court

Defendant type: Individual - AS 19579

At about 11:48am on Monday, 27 November 2023, an NHVR Safety and Compliance Officer (SCO) stopped a heavy vehicle for a compliance check because they observed the left rear door of the body was open swinging towards the nature strip and gutter, and struck the mirror of a parked articulated combination.

The accused drove a rigid truck loaded with 2 x pallets of general freight.

The SCO measured it and found the width was 3.65 metres due to its open left rear door. It was more than the prescribed limit of 2.50 metres.

It is more than 2.50 metres plus 80 mm (2.58 metres) (severe risk breach).

Section/Act

s 102(1)(b)(iii) HVNL – severe

Fine

$5,000

Educational points

Ensure that there are policies and procedures for drivers to ensure that the vehicle is checked and locked before every journey.

5 April 2024

Goulburn Magistrates Court

Defendant type: Individual - AS 20198

The defendant was intercepted by NHVR authorised officers.

Upon inspection of the defendant’s work diary, the authorised officers identified a breach of the HVNL between 10:45pm on 3 December 2023 and 10:45pm on 4 December 2023 when the defendant had 5 hours of continuous stationary rest time within the 24-hour period.

Section/Act

s 250(1)(b) HVNL – substantial risk

Outcome

convicted

Fine

$1,200
Prosecution fee $102

Supervisory Intervention Order (SIO)

A 6-month SIO was ordered with the following conditions:

At the defendant’s expense, purchase an Electronic Work Diary (EWD) within 2 months of the order being made.
Report to NHVR within 2 months evidence of approved EWD and installation.

3 April 2024

Gosford Local Court

Defendant type: Company - AS 24379

On 9 January 2024, Authorised Officers of the NHVR observed a heavy vehicle travelling on Pacific Highway at Mount White. The Authorised Officers intercepted the vehicle, spoke to the driver, and inspected the vehicle, its components, and its load.

The accused permitted a person, to drive the vehicle from Penrith NSW to Mount White NSW

The vehicle's permitted axle group mass was 16.5 tonnes.

The vehicle's axle group mass was weighed at 21.8 tonnes. Taking into account the applicable mass adjustment, the vehicle's alleged axle mass was 21.3 tonnes, an excess mass of 4.8 tonnes, or an overload of 129%.

The contravention of the vehicle's permitted mass resulted in a severe risk breach.

Section/Act

s 96(1)(c), HVNL - severe

Outcome

convicted

Fine

$5,000
Prosecution fee $102

27 March 2024

Gosford Local Court

Defendant type: Company - AS 17398

On 17 July 2023, Authorised Officers of the NHVR detected a heavy vehicle travelling Northbound on the M1 Pacific Motorway, Mt White NSW and an inspection was conducted on the vehicle.

The vehicle was carrying a load of building materials and supplies on a journey from Unanderra NSW to Glendale NSW at a GVM of 25.1 tonnes.

As a result of the inspection, the 1st axle group was found to weigh at 7.86 tonnes after the adjusted measurement. The permissible weight for the 1st axle group is 6.5 tonnes. The weight exceeded by 1.36 tonnes or 120.9%.

Defence sought a no conviction order after providing subjective material of an apology letter and honest mistake.

Prosecutor opposed no conviction due to previous conviction history for same offence and the company is still reoffending. Prosecution submitted public safety risks of vehicle braking distance diminished due to heavy axle and also wear and tear of road infrastructure when overloaded.

Section/Act

s 96(1)(c), HVNL

Outcome

convicted

Fine

$8,000
Prosecution fee $102

22 March 2024

Goulburn Local Court

Defendant type: Corporate - AS 12303

The defendant company was charged with permitting a driver to drive an over length vehicle on a road.

The heavy vehicle was intercepted on 27 August 2023 by NHVR Safety Compliance Officers at Marulan NSW. It was measured and found to be over-length. The prescribed length limit of the heavy vehicle was 19 meters. The assessed length of the heavy vehicle was 19.68 meters.

Section/Act

s 102(1)(b)(iii), HVNL - severe

Outcome

convicted

Fine

$10,000

1 March 2024

Newcastle Local Court

Defendant type: Individual - AS 8857

The defendant was charged with one charge of making a false or misleading entry offence, and two fatigue related offences.

The defendant did not appear at sentence.

The NHVR submitted that the false and misleading entry offences masked the fatigue offences, which posed a risk to public safety. NHVR noted the defendant’s two prior HVNL convictions.

Section/Act

s 325(1), HVNL
s 250(1)(a), HVNL - minor
s 250(1)(b), HVNL - minor

Outcome

convicted

Fine

$7,000

28 February 2024

Tweed Heads Local Court

Defendant type: Individual - AS 9317

The defendant was charged with making a false or misleading entry in their work diary.

The heavy vehicle was intercepted on 1 July 2023 by NHVR Safety Compliance Officers at Chinderah NSW. The defendant had made a false and misleading entry in their work diary where they recorded they were resting at a time they were working as evidenced by the production of a weighbridge docket.

Section/Act

s 325(1), HVNL

Supervisory Intervention Order (SIO)

An SIO was ordered with the following conditions:

purchase and installation of an Electronic Work Diary (EWD).

28 February 2024

Tweed Heads Local Court

Defendant type: Individual - AS 8591

The defendant was charged with “solo driver work more than standard maximum time critical risk”.

On 27 April 2023 the defendant was intercepted by NHVR Safety Compliance Officers at Chinderah. An inspection of the defendant’s work diary found that between 10:15pm on 24 April 2023 and 10:15pm on 25 April 2023 the defendant had worked for 14 hours and 30 minutes. The maximum work time in any 24 hour period is 12 hours.

The defendant had two prior work diary offences.

Section/Act

s 250(1)(a), HVNL

Outcome

convicted

Fine

$650

Supervisory Intervention Order (SIO)

An SIO was ordered with the following conditions:

to complete fatigue management training course TLIF005 – with an accredited training provider approved by the NHVR.

23 February 2024

Goulburn Local Court

Defendant type: Individual - AS 7333

The defendant was convicted by the court on 16 charges contrary to the HVNL. The charges were a number of obstructing an authorised officer, failure to provide a licence or work diary, failure to comply with direction to not move a vehicle, failure to comply with the requirement to provide journey information, failure to record information in a work diary.

Section/Act

4 x s 584, HVNL
4 x s 568(3)(a), HVNL
1 x s 568(3)(b), HVNL
1 x s 570(3), HVNL
1 x s 297(2), HVNL
1 x s 332, HVNL
1 x s 514(3), HVNL
1 x s 529, HVNL
1 x s 570, HVNL
Road Rule 300 (NSW)

Outcome

convicted

Fine

$45,000

Other orders

Conditional Release Order (CRO) with conviction for a term of 12 months.

21 February 2024

Belmont Local Court

Defendant type: Company - AS 15261

The defendant company was charged with permitting a driver to drive an over mass heavy vehicle on a road.

The heavy vehicle was intercepted on 29 September 2023 by NHVR Safety Compliance Officers at Botany, NSW. It was weighed and was found to be over-mass. The assessed gross mass was 11.9 tonnes with the allowable mass limit being 8.7 tonnes. This was a severe risk breach and was 136.78% of the permissible mass.

Section/Act

s 96(1)(c), HVNL - severe

Outcome

convicted

Fine

$5,000

14 February 2024

Gosford Local Court

Defendant type: Company - AS 9516

The Defendant company was charged with permitting a driver to drive an over length vehicle on a road.

The heavy vehicle was intercepted on 30 June 2023 by NHVR Safety Compliance Officers at Mount White NSW. It was measured and was found to be over-length. The prescribed length limit of the heavy vehicle was 26 meters. The assessed length of the heavy vehicle was 26.64 meters.

Section/Act

s 102(1)(b)(iii), HVNL - severe

Outcome

convicted

Fine

$9,000

Supervisory Intervention Order (SIO)

An SIO was ordered with the following conditions:

training and education.

13 December 2023

Tweed Heads Local Court

Defendant type: Individual - AS 9584

The defendant was charged with one count of a solo driver resting less than the standard rest time (critical risk).

Section/Act

s 250(1)(b), HVNL - critical

Fine

$750

Supervisory Intervention Order (SIO)

An SIO was ordered with the following conditions:

training, purchase and installation of an Electronic Work Diary (EWD).

8 December 2023

Goulburn Local Court

Defendant type: Individual - AS 9428

In the 24-period from 7.00pm on 20 July 2023 and 7.00pm on 21 July 2023 the offender did work for 16 hours and 45 minutes. Maximum work hours permitted 12 hours.

In the 24-hour period 7.00pm 20 July 2023 to 7.00pm 21 July 2023 the offender did rest for 5 hours. Minimum required rest hours is 7 hours.

In the 24-period from 7.00pm 24 July 2023 and 7.00pm 25 July 2023 the offender did work for 14 hours and 45 minutes. Maximum work hours permitted 12 hours.

In the 24-hour period 5.00pm 27 July 2023 to 5.00pm 28 July 2023 the offender did rest for 4 hours. Minimum required rest hours is 7 hours

Section/Act

s 250(1)(a), HVNL

Outcome

convicted

Fine

$3,900

Supervisory Intervention Order (SIO)

An SIO was ordered with the following conditions:

purchase and installation of an Electronic Work Diary (EWD).

8 December 2023

Parramatta Local Court

Defendant type: Individual - AS 8469

A heavy vehicle was detected travelling between Safe-T-Cam sites in less than the allowable travel time.

The accused worked 15 hours 15 minutes when maximum permitted work time was 12 hours in any 24-hour period.

The accused rested 3 hours when minimum continuous rest required was 7 hours in any 24-hour period.

The accused failed to appear and was convicted and sentenced in their absence.

Section/Act

s 251(1)(a), HVNL
s 251(1)(b), HVNL

Fine

$10,000

7 December 2023

Parramatta Local Court

Defendant type: Individual - AS 9550

In a 24-hour period the prescribed standard maximum work time was 12 hours.

The offender worked a total of 14 hours.

The offender had a history of non-compliance with the HVNL.

Section/Act

s 250(1)(a), HVNL

Outcome

convicted

Fine

$6,000

Supervisory Intervention Order (SIO)

An SIO was ordered with the following conditions:

complete education, namely training course TLIF0005 - Apply a fatigue risk management system; and
purchase and installation of an Electronic Work Diary (EWD).

7 December 2023

Parramatta Local Court

Defendant type: Corporate - AS 8449

The defendant company was charged with permitting a driver to drive an over mass heavy vehicle on a road.

The heavy vehicle was intercepted on 4 May 2023 by NHVR Safety Compliance Officers at Villawood NSW. It was weighed and was found to be over mass. The first axle group weighed 8.25 tonnes with the allowable mass limit being 6.5 tonnes. This was a severe risk breach and was 126.92% of the permissible weight for that axle group.

Section/Act

s 96(1)(c), HVNL - severe

Outcome

convicted

Fine

$25,000

7 December 2023

Oberon Local Court

Defendant type: Individual - AS 13257

Driver rested 4 hours when the minimum continuous stationary rest required was 7 hours in any 24-hour period.

Section/Act

s 250(1)(b), HVNL

Fine

$5,500

30 November 2023

Parramatta Local Court

Defendant type: Individual - AS 8874

The defendant was charged with two counts of solo driver works more than standard maximum time (critical risk); one count of a solo driver resting less than the minimum time (critical risk); and one count of a solo driver resting less than the minimum time (severe risk).

Section/Act

s 250(1)(a), HVNL - critical
s 250(1)(b), HVNL - severe

Fine

$2,500

Supervisory Intervention Order (SIO)

SIO was ordered.

29 November 2023

Gosford Local Court

Defendant type: Individual - AS 9618

The accused was the driver of a heavy vehicle with a gross vehicle mass (GVM) exceeding 12 tonnes, constituting a fatigue regulated heavy vehicle.

In the 24-hour period, the prescribed Basic Fatigue Management (BFM) minimum continuous rest time was 7 hours.

The longest period of continuous rest achieved by the accused was 3 hours and 30 minutes.

Section/Act

s 254(1)(b), HVNL

Outcome

convicted

Fine

$7,000

Supervisory Intervention Order (SIO)

A 6-month SIO was ordered with the following conditions:

training, purchase and installation of an Electronic Work Diary; and
compliance with monitoring and compliance obligations.

29 November 2023

Tweed Heads Local Court

Defendant type: Individual - AS 8590

The offender recorded that they were resting from 10pm on 23 April 2023 until 5pm on 24 April 2023. The vehicle driven by the offender was detected by a traffic enforcement device at 6:36am and 2:08pm on 24 April 2023.

The offender recorded that they were resting from 4:45am on 25 April 2023 to 6pm on 26 April 2023. The accused made admissions to commencing work at 7:30am on 26 April 2023. The offender produced a delivery docket confirming they collected goods for delivery at 11am on 26 April 2023.

Section/Act

s 325(1), HVNL

Outcome

convicted

Fine

$300

Supervisory Intervention Order (SIO):

A 6-month SIO was ordered with the following conditions:

must complete education, namely training course TLIF0005 - Apply a fatigue risk management system provided by an accredited training provider; and
purchase and commence using an EWD within one month.

29 November 2023

Tweed Heads Local Court

Defendant type: Individual - AS 7824, 8617

As part of a compliance check Authorised Officers inspected the accused’s work diary and detected seven fatigue offences between 21 March 2023 and 11 April 2023.
The defendant entered pleas of guilty to all seven offences.

Section/Act

s 250(1)(a), HVNL
s 250(1)(b), HVNL

Outcome

convicted

Fine

$3,300

Supervisory Intervention Order (SIO)

A 6-month SIO was ordered with the following conditions:

purchase and installation of an Electronic Work Diary; and
compliance with monitoring and compliance obligations.

29 November 2023

Tenterfield Local Court

Defendant type: Individual - AS 7501

The defendant was charged with one count of a solo driver working more than the standard maximum time (critical risk).

The defendant had two previous heavy vehicle offences - driving an unregistered heavy vehicle and following too closely in a heavy vehicle.

Section/Act

s 250(1)(a), HVNL
s 325(1), HVNL
s 296(1), HVNL

Fine

$22,300

24 November 2023

Goulburn Local Court

Defendant type: Individual - AS 8793

The accused failed to exit the Hume Highway and enter the Marulan North Heavy Vehicle Safety Station (“HVSS”).

After the accused failed to enter the HVSS, the vehicle stopped in lane one of the Hume Highway adjacent to the HVSS. The vehicle commenced reversing along the road, against the flow of traffic.

The accused brought the vehicle to a complete stop after reversing continuously for some time. As the driver manoeuvred the vehicle to a position that would allow them to enter the HVSS, the vehicle crossed into lane two on more than one occasion. On at least one occasion, the vehicle was positioned simultaneously across lane one, two and the shoulder of the road.

During the incident 20 light vehicles passed the reversing combination with all taking evasive action to maintain separation. One vehicle was towing a trailer.

Section/Act

s 117(2), Road Transport Act
s 117(1)(c), Road Transport Act

Outcome

conviction
arrest warrant issued.

23 November 2023

Parramatta Local Court

Defendant type: Individual - AS 8871

On 14 June 2023 at Pemulwuy in NSW, NHVR Authorised Officers detected a white Western Star Prime Mover towing a trailer on Bellevue Crt that was over width where the prescribed allowable width was 2.5 meters and the assessed width was 2.58 meters. This constituted a severe risk breach.

Section/Act

s 102(1)(b), HVNL - severe

Outcome

convicted

Fine

$6,000

23 November 2023

Parramatta Local Court

Defendant type: Individual - AS 8076

A solo driver worked more than the standard maximum time under fatigue laws.

Section/Act

s 250(1)(a), HVNL - critical

Outcome

charge withdrawn
Enforceable Undertaking (EU) proposed.

10 November 2023

Goulburn Local Court

Defendant type: Corporate - AS 8341

The company permitted a driver to drive a heavy vehicle with non-compliant dimensions.

Section/Act

s 102(1)(b), HVNL

Supervisory Intervention Order (SIO)

An SIO was ordered with the following conditions:

must complete education and training.

7 November 2023

Coffs Harbour Local Court

Defendant type: Individual - AS 8665

The Defendant submitted Work Diary records for inspection in accordance with the Law.

The Work Diary records stated that the Defendant recorded a rest break at Yatala, Queensland at 4:00am on 31 May 2023.

However, a Safe-T-Cam sighting at Tweed Heads, New South Wales detected the Defendant’s heavy vehicle at 4:26am on 31 May 2023.

The Defendant made a false and misleading entry into their Work Diary.

Section/Act

s 325(1), HVNL

Outcome

convicted

Fine

$500

Supervisory Intervention Order (SIO):

A 6-month SIO was ordered with the following conditions:

installation of an Electronic Work Diary; and
compliance with monitoring and compliance obligations.

6 November 2023

Gosford Local Court

Defendant type: Individual - AS 7078

The defendant was charged with one count of driving while disqualified. This was the driver's first offence under s.54(1) of the Road Transport Act.

Section/Act

s 54(1), Road Transport Act

Outcome

arrest warrant issued.

6 November 2023

Hay Local Court

Defendant type: Individual - AS 8720

The defendant was driving a heavy vehicle which was intercepted by Authorised Officers for an inspection.

Upon inspection, Authorised Officers detected a breach of the defendant’s Work Diary where the defendant had worked for a total of 18 hours and 30 minutes, when the maximum permissible work hours are 14 hours under basic fatigue management.

This breach constituted a critical risk breach.

Section/Act

s 254(1)(a), HVNL – critical

Outcome

convicted

Fine

$4,000

Supervisory Intervention Order (SIO)

A 6-month SIO was ordered with the following conditions:

installation of an Electronic Work Diary; and
compliance with monitoring and compliance obligations.

1 November 2023

Sydney Downing Centre Local Court

Defendant type: Corporate - AS 4111

Authorised Officers investigated the Company which revealed 543 contraventions of the Law.

Amongst those offences, Authorised Officers detected:

44 work and rest offences;
93 false or misleading offences; and
406 speeding offences.

The Company breached its duty to ensure the safety of their transport activities by failing to take reasonably practicable measures to ensure these offences were not committed.

Section/Act

s 26H, HVNL – Primary Duty – Category 3

Outcome

convicted

Fine

$65,000

Supervisory Intervention Order (SIO)

A 12-month SIO was ordered with the following conditions:

appointment of a Chain of Responsibility consultant;
develop a Speed Management Policy;
fatigue management training for all employees;
drivers to transition to basic fatigue management working conditions;
undertake regular drug and alcohol testing; and
purchase and use of Electronic Work Diaries for all drivers.

20 October 2023

Goulburn Local Court

Defendant type: Individual - AS 7633

The offender made admissions under caution that they had driven their vehicle during the period recorded as rest on two occasions.

Section/Act

2 x s 325(1), HVNL

Outcome

non-conviction s 10(1)(a), Crimes Sentencing Act

Supervisory Intervention Order (SIO)

A 6-month SIO was ordered with the following conditions:

complete fatigue management training; and
comply with monitoring obligations.

19 October 2023

Parramatta Local Court

Defendant type: Individual - AS 8735

The National Heavy Vehicle Regulator detected offences via Safe-T-Cam.

Upon inspection, Authorised Officers issued a Notice to Produce to the defendant.

The defendant complied with the Notice to Produce and offences were confirmed for fatigue related breaches.

The breaches were that the defendant had, in a 24-hour period, a maximum continuous rest break of 5 hours and 15 minutes. The legal requirement is a 7-hour continuous rest break in a 24-hour period.

Section/Act

s 250(1)(b), HVNL - critical

Outcome

convicted

Fine

$5,000

19 October 2023

Parramatta Local Court

Defendant type: Individual - AS 8131

In a two-month period, two heavy vehicles registered to the individual were detected by Safe-T-Cameras.

Safe-T-Cameras detected the heavy vehicles to have committed a fatigue offence.

As a result of the detected offences, 6 compulsory notices were issued to the individual requesting details of the driver where no notices were responded.

Section/Act

6 x s 569(2), HVNL

Outcome

convicted
Heavy vehicle registration suspension. The registration of the two heavy vehicles detected as having committed fatigue offences were suspended for a period of six weeks.

Fine

$6,000

16 October 2023

Albury Local Court

Defendant type: Individual - AS 8848

The defendant was driving a heavy vehicle and was instructed to pull over for an inspection.

Upon inspection, Authorised Officers detected a breach in the defendant’s Work Diary where the defendant had 4-and-a-half-hours continuous rest in a 24-hour period.

The breach constituted a critical risk breach.

Section/Act

s 254(1)(b), HVNL - critical

Outcome

convicted

Fine

$1,500

Supervisory Intervention Order (SIO)

A 9-month SIO was ordered with the following conditions:

engage in fatigue management system by an accredited provider;
purchase and use of an Electronic Work Diary; and
comply with monitoring obligations

13 October 2023

Gundagai Local Court

Defendant type: Individual - AS 8216

The defendant was intercepted by Authorised Officers and a routine inspection commenced.

Upon inspection, Authorised Officers asked for the defendant’s Work Diary which the defendant did not possess; however, supplementary Work Diary sheets were provided.

Authorised Officers inspected the supplementary Work Diary sheets which were deemed false and misleading entries as Safe-T-Camera entries detected the heavy vehicle at different locations.

Section/Act

2 x s 325(1), HVNL
1 x s 293(1), HVNL

Outcome

convicted

Fine

$8,000

Supervisory Intervention Order (SIO)

A 12-month SIO was ordered with the following conditions:

must purchase and use a Work Diary or an Electronic Work Diary.

12 October 2023

Wollongong Local Court

Defendant type: Individual - AS 7863

A heavy vehicle was intercepted by Authorised Officers for a compliance check.

Upon inspection, Authorised Officers detected two offences, an over width and over mass.

The prescribed width limit to the heavy vehicle was 2.5-meters, and the assessed width of the heavy vehicle was 2.625 meters. The offence constituted a severe risk breach.

The prescribed mass limit over the first axle group applicable to the vehicle was 6 tonnes, and the assessed axle mass was 7.40 tonnes. This amounted to 118% of the maximum mass permitted which constituted a substantial risk breach.

Section/Act

s 96(1)(b), HVNL - substantial
s 102(1)(b)(iii), HVNL - severe

Outcome

convictions recorded on both offences with no other penalty.

Supervisory Intervention Order (SIO)

A 6-month SIO was ordered with the following conditions:

mass and load restraint training; and
comply with monitoring obligations.

10 October 2023

Glenn Innes Local Court

Defendant type: Individual - AS 7668

The accused was charged with three counts of make false or misleading entry in Work Diary.

Authorised Officers intercepted a heavy vehicle which the defendant was the operator.

Upon inspection, Authorised Officers identified numerous breaches.

For the three offences, the defendant recorded that he was resting; however, Safety-Cameras detected the heavy vehicle travelling at the times the defendant recorded as rest.

Section/Act

3 x s 325(1), HVNL

Outcome

convicted

Fine

$900

Supervisory Intervention Order (SIO)

A 6-month SIO was ordered with the following conditions:

complete fatigue management training; and
obtain and use an Electronic Work Diary.

27 September 2023

Gosford Local Court

Defendant type: Corporate - AS 7615, 8607

The defendant was charged with permitting a heavy vehicle to be driven while over mass on two separate occasions.

On one occasion, Authorised Officers intercepted a heavy vehicle which was registered to the Company. The alleged mass was 107.82 tonnes, 226.99% of the maximum permissible general mass limit.

On the second occasion, Authorised Officers intercepted a heavy vehicle which was registered to the Company. On this occasion, the heavy vehicle was over mass on the second axle group which was 20.46 tonnes or a mass equalling 124% of the maximum permissible general mass limit.

Both offences were severe risk breaches.

Section/Act

s 96(1)(c), HVNL – severe.

Outcome

convicted

Fine

$11,000

26 September 2023

Grafton Local Court

Defendant type: Corporate - AS 5467

A heavy vehicle combination was intercepted by Authorised Officers.

Upon inspection, Authorised Officers detected that the heavy vehicle’s trailer tri-axle mass exceeded the prescribed mass limit by 4.84 tonnes.

The tri-axle was loaded at 124.20% of its permitted mass.

The driver advised he had not received training for loading heavy vehicles from the corporate defendant and had no means of weighing the heavy vehicle.

Section/Act

s96(1)(c), HVNL – severe.

Outcome

convicted
$750 fine.

Supervisory Intervention Order (SIO)

A 6-month SIO was ordered with the following conditions:

training for all staff and senior management in mass and dimension requirements
the company must install equipment to monitor and manage compliance with mass and dimension requirements.

22 September 2023

Goulburn Local Court

Defendant type: Individual - AS 8826, 8941, 9023, 9274

The defendant was a repeat offender whom was stopped and inspected by Authorised Officers on numerous occasions.

Upon inspection, Authorised Officers detected the defendant had deliberately not filled in their Work Diary.

Section/Act

11 x s 250(1)(b), HVNL – critical

Outcome

convicted

Fine

$11,000

Supervisory Intervention Order (SIO)

A 12-month SIO was ordered with the following conditions:

engage in fatigue management training; and
must purchase and use an Electronic Work Diary.

22 September 2023

Goulburn Local Court

Defendant type: Individual - AS 7576

The top barge on the trailer filled with 4 tonne of water after being left out in the weather, putting the load over when stopped at Marulan.

Section/Act

s93(1)(c), HVNL – severe

Outcome

convicted

Supervisory Intervention Order (SIO)

A 12-month SIO was ordered.

21 September 2023

Campbelltown Local Court

Defendant type: Individual - AS 8779

A heavy vehicle was intercepted by Authorised Officers.

Upon inspection, Authorised Officers detected a fatigue related breach in the defendant’s Work Diary for working more than the maximum hours.

Section/Act

s250(1)(a), HVNL – critical

Outcome

convicted
$2,000 fine

Supervisory Intervention Order (SIO)

A 9-month SIO was ordered with the following conditions:

to purchase and use an Electronic Work Diary
to comply with reporting and monitoring obligations.

21 September 2023

Parramatta Local Court

Defendant type: Individual - AS 8037

The defendant was detected via Safe-T-Cam monitoring.

For two offences, the defendant was detected to be driving for a 52-hour period, where 10 hours continuous rest is the mandatory time.

However, the defendant’s longest rest was 5 hours and 45 minutes for one charge, and 4 hours and 30 minutes for the second charge.

These offences were in the critical fatigue category.

Section/Act

2 x s 251(1)(b), HVNL – critical

Outcome

convicted on both charges

Fine

$9,750

21 September 2023

Parkes Local Court

Defendant type: Individual - AS 7948 (SIO) and AS 8605

Authorised Officers intercepted a heavy vehicle which was operated by the defendant and carried out an inspection.

Upon inspection, Authorised Officers detected four fatigue related offences in the defendant’s Work Diary.

For one of the offences, the defendant’s longest continuous rest period was five hours, and three offences where the defendant exceeded the permissible maximum hours work hours.

All four offences were in the critical risk category.

Section/Act

1 x s 250(1)(b), HVNL – critical;
3 x s 250(1)(a), HVNL – critical.

Outcome

convicted

Fine

$4,800

Supervisory Intervention Order (SIO)

A 6-month SIO was ordered with the following conditions:

complete a fatigue management course with an accredited training provider; and
comply with monitoring obligations.

21 September 2023

Parramatta Local Court

Defendant type: Individual - AS 7660

The defendant was intercepted by Authorised Officers at a Heavy Vehicle Safety Station.

Upon inspection, Authorised Officers detected a fatigue related offence where the defendant had rested for 4 hours and 45 minutes in a 24-hour period.

This placed the offence in the critical category.

Section/Act

s 250(1)(b), HVNL – critical

Outcome

convicted

Fine

$5,000

21 September 2023

Goulburn Local Court

Defendant type: Individual - AS 7444

The defendant was intercepted by Authorised Officers.

Upon inspection, Authorised officers detected two fatigue breached in the defendant’s Work Diary.

The offences were less than the required rest, where the defendant had 4 hours and 15 minutes in a 24-hour period; and had worked for 14 hours and 15 minutes in a 24-hour period.

These constituted critical risk breach.

Section/Act

s 250(1)(a), HVNL – critical
s 250(1)(b), HVNL – critical

Outcome

convicted

Fine

$1,000

Supervisory Intervention Order (SIO)

A 9-month SIO was ordered with the following conditions:

complete fatigue management training;
must purchase and use an Electronic Work Diary.

19 September 2023

Cootamundra Local Court

Defendant type: Individual - AS 8524

The defendant was driving a heavy vehicle which was intercepted by Authorised Officers.

Upon inspection, Authorised Officer identified two breaches of the defendant’s Work Diary where the defendant worked more than the standard maximum rest time; and rested less than the minimum required time.

This was the defendant’s fourth breach for fatigue related offences.

Section/Act

s 250(1)(a), HVNL – critical
s 250(1)(b), HVNL – critical

Outcome

convicted
12-month conditional release order

Fine

$2,000

Supervisory Intervention Order (SIO)

A 6-month SIO was ordered with the following conditions:

the defendant must purchase an approved Electronic Work Diary; and
must provide his Work Diary pages for monitoring and compliance for the term of the SIO.

18 September 2023

Wyong Local Court

Defendant type: Corporation - AS 8529

A heavy vehicle was stopped by Authorised Officers and inspected. The inspection revealed that the heavy vehicle was carrying excavation equipment and was over mass on its second axel by 21%, and 55% on its third axle.

As such, this amounted to contravention of the law, whereby the defendant Company permitted the offence to occur.

Section/Act

2 x s 96(1)(c), HVNL – severe

Outcome

convicted

Fine

$15,000

8 September 2023

Goulburn Local Court

Defendant type: Individual - AS 7944

The offender was intercepted by Authorised Officers at Marulan Heavy Vehicle Safety Station.

Upon inspection, Authorised Officers identified two fatigue related breaches when the offender had worked for 17 hours and 30 minutes and had only 2 hours and 45 minutes of continuous rest.

The Authorised Officers identified a further fatigue related breach when the offender had 5 hours and 15 minutes of continuous stationary rest time.

Section/Act

2 x s250(1)(a), HVNL – critical
1 x s250(1)(b), HVNL – severe

Outcome

convicted

Fine

$10,500

8 September 2023

Goulburn Local Court

Defendant type: Corporate - AS 6805

A heavy vehicle was intercepted by Authorised Officers.

Upon inspection, Authorised Officers detected a breach with the vehicle’s load which exceeded the permissible length and thereby constituted a breach.

The defendant had three prior convictions for similar offences.

Section/Act

s 102(1)(b)(iii), HVNL – severe

Outcome

convicted

Fine

$5,000

7 September 2023

Parramatta Local Court

Defendant type: Individual - AS 7276

A heavy vehicle was intercepted by Authorised Officers.

Upon inspection, Authorised Officers detected that the heavy vehicle was over mass on the second axle group.

The vehicle's mass over the second axle group was 19.90 tonnes, an excess mass of 3.4 tonnes, which equated to an overload of 120%.

Section/Act

s 96(1)(c), HVNL – severe

Outcome

convicted

Fine

$5,000

Supervisory Intervention Order (SIO)

A 6 month SIO was ordered with the following condition:

to undertake training in respect of mass requirements as relevant to heavy vehicles.

6 September 2023

Gosford Local Court

Defendant type: Company - AS 7988

A heavy vehicle was intercepted by Authorised Officers.

Upon inspection, Authorised Officers detected a severe mass breach.

The driver of the heavy vehicle didn’t know the vehicle, the mass limits, nor the weight of the vehicle prior to the driver’s journey.

The heavy vehicle was registered to a Company which has had three prior mass related recorded offences.

Section/Act

s96(1)(c), HVNL – severe

Outcome

convicted

Fine

$5,000

Supervisory Intervention Order (SIO)

A 6-month SIO was ordered with the following conditions:

all management to receive training for mass compliance
installation of mass equipment.

6 September 2023

Gosford Local Court

Defendant type: Corporation - AS 8594

A heavy vehicle was intercepted and pulled over by Authorised Officers whom inspected the vehicle.

Upon inspection, Authorised Officers discovered a severe category mass breach was detected.

There was a gross mass breach of 8.8 tonnes, where the prescribed allowable mass was 6 tonnes, which was an overload of 146.6%.

Section/Act

s96(1)(c), HVNL – severe

Outcome

convicted

Fine

$7,000

31 August 2023

Lithgow Local Court

Defendant type: Individual - AS 7067

A heavy vehicle was intercepted by Authorised Officers.

After the interception, Authorised Officers conducted an inspection of the vehicle and the driver’s work diary.

Authorised Officers identified a breach where the accused had worked more than the permitted 12 hours in any 24-hour period.

Section/Act

s250(1)(a), HVNL – critical

Outcome

convicted

Fine

$1,000

Supervisory Intervention Order (SIO)

A 12-month SIO was ordered with the following conditions:

purchase and use of an Electronic Work Diary
monitoring and compliance obligations.

31 August 2023

Cessnock Local Court

Defendant type: Individual - AS 6433

A heavy vehicle was intercepted by Authorised Officers and then inspected.

After the inspection, it was observed that the assessed mass of the heavy vehicle’s third axle group was 20.00 tonnes, or a mass equalling 121%, of the permitted maximum mass which made the offence a severe risk breach.

Section/Act

s96(1)(c), HVNL – severe

Outcome

convicted

Fine

$4,500

30 August 2023

Tweed Heads Local Court

Defendant type: Individual - AS 6289

A heavy vehicle was intercepted by Authorised Officers.

Upon inspection, Authorised Officers noticed a severe category dimension breach.

The length of the vehicle had an assessed length of 26.8 metres, where the prescribed allowable length was 26.0 metres.

Section/Act

s102(1)(b)(iii), HVNL – severe

Outcome

convicted

Fine

$1,200

Supervisory Intervention Order (SIO)

A 6-month SIO was ordered with the following conditions:

installation of dimension equipment within three months
comply with ongoing monitoring and compliance requirements.

29 August 2023

Taree Local Court

Defendant type: Individual - AS 7603

A heavy vehicle was intercepted by Authorised Officers at Jones Island Heavy Vehicle Safety Station.

Upon inspection of the accused’s National Driver Work Diary, Authorised Officers detected multiple breaches of the defendant’s work and rest hours over a 24-day period. The detected offences were in the critical risk category.

Section/Act

s250(1)(a), HVNL – critical
s250(1)(b), HVNL – critical

Outcome

convicted

Fine

$5,500 total fines

25 August 2023

Lithgow Local Court

Defendant type: Individual - AS 6308

A heavy vehicle was intercepted by Authorised Officers.

Upon inspection by Authorised Officers, a breach was detected in the driver’s Work Diary. That breach indicated that the driver had worked 14 hours and 15 minutes in the 24-hour period.

The offender was only permitted to work 12 hours.

Section/Act

s250(1)(a), HVNL – critical

Outcome

Conditional Release Order (CRO) without conviction for 6 months.

Supervisory Intervention Order (SIO)

A 12-month SIO was ordered with the following conditions:

engage an accredited provider for Advanced Fatigue Management
obtain a Multi Combination class licence.

17 August 2023

Lithgow Local Court

Defendant type: Individual - AS 6568

Authorised officers observed the offender to be incoherent and difficult to understand.

The offender had continued to drive for one-hour after the end of a 24-hour period where he had worked for 14 hours and 30 minutes.

Section/Act

s250(1)(a), HVNL – critical
s228(1), HVNL

Outcome

convicted

Fine

$4,000

Supervisory Intervention Order (SIO)

A 12-month SIO was ordered with the following conditions:

complete training for fatigue management system
must purchase and using an Electronic Work Diary.

15 August 2023

Katoomba Local Court

Defendant type: Operator - AS 5271

A heavy vehicle was intercepted by Authorised officers at a Heavy Vehicle Safety Station.

The driver of the vehicle was operating under the Class 1 Oversize Notice.

The vehicle's permitted length was 19 metres; however, the vehicle was measured at 21.8 metres, and considering adjustments, the vehicle was 0.7 metres oversize.

Section/Act

s102(1)(b)(iii), HVNL – severe

Outcome

convicted

Fine

$500

Supervisory Intervention Order (SIO)

A 3-month SIO was ordered with the following conditions:

all staff and management are to engage in training for oversize and overmass requirements
provide signed documents for load and dimension exemptions
host ‘toolbox talks’ for oversize overmass vehicles and their requirements
comply with monitoring obligations.

11 August 2023

Goulburn Local Court

Defendant type: Individual - AS 7634

A heavy vehicle was intercepted by Authorised Officers.

Upon inspection, Authorised Officers completed a compliance check and noticed a breach in the defendant’s Work Diary.

The breach indicated the defendant had worked 14-and- a-half hours in a 24-hour period, when the maximum allowable hours are 12 hours.

Section/Act

s250(1)(a), HVNL – critical

Outcome

convicted

Fine

$2,000

Supervisory Intervention Order (SIO)

A 6-month SIO was ordered with the following conditions:

engage in fatigue management training.

10 August 2023

Parkes Local Court

Defendant type: Individual - AS 7563

A heavy vehicle was intercepted by Authorised Officers for a compliance check.

In accordance with the compliance check, the defendant’s Work Diary was inspected and an offence was detected.

The offence was that the defendant had worked 16 hours where the prescribed allowable maximum time was 12 hours.

Section/Act

s250(1)(a), HVNL – critical

Outcome

no conviction
a Conditional Release Order (CRO) for good behaviour and to appear before the court if required.

Supervisory Intervention Order (SIO)

A 6-month SIO was ordered with the following conditions:

undertake fatigue management training.

8 August 2023

Blacktown Local Court

Defendant type: Individual - AS 7430

The defendant was charged with one count of solo driver rest less than standard minimum rest time – critical risk.

This was the third time that the defendant had breached the HVNL.

The NHVR applied to the Court for a Supervisory Intervention Order on this basis, which was granted by the Magistrate whom noted the defendant had been proactive in his approach to rehabilitation.

Section/Act

s250(1)(b) HVNL – critical

Outcome

convicted

Fine

$1,000
$306 court costs

Supervisory Intervention Order (SIO)

A six-month SIO was ordered with the following conditions:

engage in fatigue management training
purchase and use of an Electronic Work Diary
comply with reporting and monitoring to the NHVR for the duration of the Order.

7 August 2023

Hay Local Court

Defendant type: Individual - AS 7486

A heavy vehicle was pulled over and inspected by Authorised Officers.

Upon inspection, the vehicle's length was measured at 26.6 metres when it’s permitted length was 25 metres.

Taking into account the applicable dimension adjustment, the vehicle's alleged length was 26.5 metres, an excess length of 1.5 metres.

The contravention of the vehicle's permitted length resulted in a severe risk breach.

Section/Act

s102(1)(b)(iii), HVNL – severe

Outcome

convicted

Fine

$5,910

7 August 2023

Moree Local Court

Defendant type: Individual - AS 6557

Authorised Officers intercepted a heavy vehicle.

Upon inspection of the heavy vehicle, Authorised Officers detected that the heavy vehicle was measured at 38.9 metres when vehicle’s permissible length was 36 metres.

Taking into account the applicable dimension adjustment, the vehicle's alleged length was 38.6 metres, an excess length of 2.1 metres

Section/Act

s102(1)(a), HVNL – severe

Outcome

convicted

Fine

$600
$102 court costs.

Supervisory Intervention Order (SIO)

A six-month SIO was ordered with the following condition:

to undertake dimension training by an NHVR approved training provider within three-months.

21 July 2023

Parramatta Local Court

Defendant type: Corporate - AS 8009

A heavy vehicle was detected at a Heavy Vehicle Safety Station and the registered owner of the vehicle was sent a Notice to Produce for the driver’s Work Diary.

The defendant company didn’t respond to the Notice to Produce and failed to provide a reasonable excuse.

Section/Act:

s 570(3), HVNL

Fine:

$9,000

21 July 2023

Goulburn Local Court

Defendant type: Individual - AS 7617

Authorised Officers intercepted a heavy vehicle which the accused was driving.

Upon inspection, the Authorised Officers detected two fatigue related offences in the accused’s Work Diary.

The accused had rested for approximately five hours on both occasions which is less than the required minimum time.

Section/Act

2 x s 254(1)(b), HVNL - critical

Fine

$2,700
$204 filing fee

Supervisory Intervention Order (SIO)

12 months with the following conditions:

undertake fatigue risk management training.

20 July 2023

Kempsey Local Court

Defendant type: Individual - AS 6679

A heavy vehicle was intercepted at Pine Creek Heavy Vehicle Safety Station.

Upon inspection of the driver’s National Driver Work Diary, NHVR Authorised Officers detected 3 false or misleading entries where the vehicle was sighted by Safe-T-Cameras to be driving at a time the driver recorded they were resting.

Section/Act

s 325(1), HVNL

Fine

$306 filing fee

Outcome

non-conviction – with a Conditional Release Order for 12 months.

Supervisory Intervention Order (SIO)

12 months with the following conditions:

purchase and use of an Electronic Work Diary; and
monthly monitoring and compliance to the NHVR.

18 July 2023

Parramatta District Court

Defendant type: Individual - appeal - AS 8809

The accused appealed the severity of their sentence on the following charge:

charge 1: Drive heavy vehicle not comply mass requirements – severe risk.

Sentence imposed at Liverpool Local Court: conditional release order for a period of 24 months pursuant to s9(1)(b) of the Crimes (Sentencing Procedure) Act 1999.

Section/Act

s 96(1)(c), HVNL - severe

Fine

$102 filing fee

Outcome

Charge 1: Appeal Allowed. Regarding sentence: Conditional release order for a period of 12 months pursuant to s 9(1)(b) of the Crimes (Sentencing Procedure) Act 1999.

12 July 2023

Gosford Local Court

Defendant type: Individual - AS 8058

The accused drove a fatigued related heavy vehicle.

Within a 24-hour period, the accused worked for 14 hours and 45 minutes continuously, when the maximum hours are 12-hours and thereby committing a critical risk breach.

Section/Act

s 250(1)(a), HVNL - critical

Fine

$5,000

12 July 2023

Gosford Local Court

Defendant type: Individual - AS 6503

The accused drove a fatigued related heavy vehicle.

Within a 24-hour period the longest recorded continuous rest was 4 hours and 30 minutes, whereby 7 hours continuous rest is required.

Section/Act

s 250(1)(b), HVNL - critical

Fine

$5,000

7 July 2023

Goulburn Magistrates Court

Defendant type: Company - AS 7934

A vehicle consisting of a prime moving towing a trailer was inspected at an Authorised Inspection Station.

The assessed mass of the vehicle’s third axle exceeded its allowable mass limit, equalling 124% of the maximum permitted mass.

The defendant company had a history of offending which involved exceeding permitted mass limits dating back to 2015, and faced a maximum penalty of over $70,000.

Section/Act

s 96(1)(c), HVNL

Fine

$2,250
$102 filing fee

Supervisory Intervention Order (SIO)

6 months with the following conditions:

directors, senior management and responsible persons for the operations of vehicles are required to undergo training pertaining to mass and safety.

7 July 2023

Goulburn Local Court

Defendant type: Individual - AS 4833

Authorised officers intercepted a heavy vehicle, spoke to the driver, and inspected the accused’s Work Diary.

Authorised officers found 20 fatigue, false and misleading and Work Diary offences.

Section/Act

13 x s 325, HVNL - minor, severe and critical
3 x s 301(c), HVNL
2 x s 250(1)(b), HVNL
1 x s 301(g), HVNL
1 x s 250(1)(a), HVNL

Fine

$6,832

Supervisory Intervention Order (SIO)

12 months with the following conditions:

the purchase and use an Electronic Work Diary; and
compliance with monitoring and reporting of Electronic Work Diary to the NHVR.

4 July 2023

Bathurst Local Court

Defendant type: Corporation - AS 7201

The width of the vehicle’s load was permitted to be 2.5 metres. The measured width was 2.76 metres.

The offender was operating under the New South Wales Class 3 Baled Commodities Dimension Exemption Notice 2022. As this was breached, the allowable width returned to 2.5 metres resulting in a severe breach.

Section/Act

s 102(1)(b)(iii), HVNL - severe

Fine

$5,000

22 June 2023

Liverpool Local Court

Defendant type: Corporation - AS 4663

A heavy vehicle was intercepted on Victoria St, Wetherill Park in by Authorised Officers. The vehicle’s mass exceeded the mass limit and the vehicle was found to exceed the dimension limit.

The driver advised that while the heavy vehicle had weight scales fitted, they weren’t working properly.

Section/Act

s 96(1)(c), HVNL
s 102(1)(b)(iii), HVNL

Fine

$30,000
$204 court costs

22 June 2023

Liverpool Local Court

Defendant type: Corporation - AS 4126

A breach of the primary duty (category 3) which can be categorised as:

mass breaches – a failure to implement effective systems and procedures to ensure that heavy vehicles operated by the company were not over their permissible mass limits; and
defects – a failure to implement effective systems and procedures to maintain, service and repair heavy vehicles.

Between 3 July 2020 and 22 October 2021, vehicles operated by the company were:

involved in 20 individual mass breaches which can be summarised as follows:
- 7 Minor Risk Breaches;
- 12 Substantial Risk Breaches; and
- 1 severe risk breach; and
received 94 defect notices ranging from self-clearing, minor and major defects.

Section/Act

s 26C, HVNL
s 26H, HVNL

Fine

$112,500
$102 court costs

Supervisory Intervention Order (SIO)

12 months with the following conditions:

appoint a compliance officer to monitor the Company’s activities including compliance with mass, dimension and loading requirements and report to the Directors and NHVR every 90 days;
appoint a Heavy Vehicle National Law consultant to conduct an audit of the Company’s practices and procedures, and the Company is to implement all recommendations;
undertake training of relevant staff as identified in the consultant’s report;
instruct the consultant to develop an induction program for each new staff member to attend
have a supervisor at each worksite to ensure compliance with the company’s obligations under the Law;
fit all vehicles with onboard mass devices for each axle group and undertake calibration and testing every 6 months;
ensure all scheduled servicing is carried out by a qualified mechanic and keep service records; and
inspect each heavy vehicle and combination every 4 months.

22 June 2023

Parramatta Local Court

Defendant type: Corporation - AS 7278

A heavy vehicle loaded with aggregate or soil was pulled over and weighed by Authorised Officers.

The vehicle's permitted mass on the second axle was 9 tonnes.

The vehicle's mass was 12 tonnes, an excess mass of 3 tonnes, or an overload of 133.3%.

The contravention of the vehicle's permitted mass resulted in a severe risk breach.

Section/Act

s 96(1)(c), HVNL - severe

Fine

$12,000

22 June 2023

Parramatta Local Court

Defendant type: Corporation - AS 6914

Failure to provide information to an Authorised Officer contrary to the law.

Despite the accused’s case which was good in the circumstances, the Magistrate noted that there was a need for general and specific deterrence.

Further, a clear message must be sent to companies that they have obligations to all regulatory authorities to provide information when requested.

Section/Act

s 570(3), HVNL

Fine

$6,000

22 June 2023

Parramatta Local Court

Defendant type: Corporation - AS 5549

A heavy vehicle was detected by a Safe-T-Cam site located near Mount White.

The vehicle was registered to the defendant company and a Notice to Produce was sent to the Defendant Company.

The defendant company did not respond to the Notice to Produce which expired on 1 August 2022.

The defendant company failed to provide information to authorised officer.

Section/Act

s 570(3), HVNL

Fine

$5,500

Supervisory Intervention Order (SIO)

6 months with the following conditions:

training with an NHVR approved accredited training provider to ensure the safety of transport activities in the Chain of Responsibility;
provide written records of completion to the NHVR in accordance with monitoring and compliance conditions.

20 June 2023

Parramatta District Court

Defendant type: Individual - AS 8298

The accused appealed the severity of their sentence on the following charges:

charge 1: solo driver worked more than standard hours – critical risk. Sentence imposed at Local Court: convicted and fined $6000.
charge 2: solo driver worked more than standard hours – critical risk. Sentence imposed at Local Court: convicted and fined $6000.

Section/Act

s 250(1)(a), HVNL - critical
s 250(1)(a), HVNL - critical

Fine

$2,000

Outcome

Charge 1: appeal allowed. Regarding sentence: s10(1)(b) imposed with a conditional release order for 12 months; and
Charge 2: appeal allowed. Regarding sentence: fine reduced to $2000 considering defendant’s financial hardship.

19 June 2023

Parramatta Local Court

Defendant type: Individual - AS 8378

The accused appealed the severity of their sentence on the following charges:

charge 1: solo driver worked more than standard hours – critical risk;
charge 2: solo driver worked more than standard hours – severe risk; and
charge 3: solo driver worked more than standard hours – critical risk.

Section/Act

s 250(1)(a), HVNL - critical
s 250(1)(a), HVNL - severe

Fine

$1,500

Outcome

Charge 1: appeal allowed. Regarding sentence: s10(1)(b) imposed with a conditional release order for 12 months;
Charge 2: appeal allowed. Regarding sentence: s10(1)(b) imposed with a conditional release order for 12 months; and
Charge 3: appeal dismissed. Local Court sentence upheld, conviction and $1500 fine.

15 June 2023

Albury District Court

Defendant type: Individual - AS 8488

New South Wales Police stopped the accused at Albury for a heavy vehicle compliance check. Two fatigue offences were detected.

The first charge was for resting less than the required time in a 24-hour period.

The second charge was for operating under the basic fatigue management hours and continuous stationary rest.

Under the Fatigue Regulation, having had less than five-and-a-half hours continuous rest constitutes a critical fatigue risk and carries a maximum penalty of $17,740.

Section/Act

s 254(1)(b), HVNL - substantial
s 254(1)(b), HVNL - critical

Fine

$2,000

Supervisory Intervention Order (SIO)

12 months with the following conditions:

undertake fatigue management training;
install and use an Electronic Work Diary; and
ongoing compliance of Electronic Work Diary.

9 June 2023

Goulburn Local Court

Defendant type: Individual - AS 7790

The heavy vehicle was detected travelling between Safe-T-Cam sites in less than the allowable travel time.

A Notice to Produce was sent to the operator of the heavy vehicle which required the operator to provide records for the driver of the vehicle, including any certificates of accreditation and work diary records.

A response was received for the accused in a two-up operators of the heavy vehicle.

The accused provided the relevant documents, and upon inspection of their Work Diary, breaches were identified where less than the permitted 10 hours in any 82-hour period.

The accused has rested 1 hour and 15 minutes.

Section/Act

s 250(1)(a), HVNL - critical
s 250(1)(a), HVNL - critical
s 250(1)(a), HVNL - critical

Fine

$6,000

Supervisory Intervention Order (SIO)

12 months with the following conditions:

fatigue management training; and
purchase and use of an Electronic Work Diary with monthly monitoring obligations.

9 June 2023

Goulburn Local Court

Defendant type: Individual - AS 6828

Authorised Officers intercepted a heavy vehicle travelling north on the Hume Highway at Marulan.

During the interception, Authorised Officers inspected of the driver’s Work Diary and found three offences where the driver had worked more than the permitted 12 hours in any 24-hour period.

These incidents were for trips between New South Wales and Victoria.

Section/Act

s 250(1)(a), HVNL - critical
s 250(1)(a), HVNL - critical
s 250(1)(a), HVNL - critical

Fine

$3,450

Supervisory Intervention Order (SIO)

12 months with the following conditions:

engage with an accredited provider for fatigue management training.

8 June 2023

Parkes Local Court

Defendant type: Individual - AS 7815

A heavy vehicle was directed into the Daroobalgie Heavy Vehicle Safety Station.

Authorised offices carried out a routine inspection.
Upon inspection of the accused’s work diary, entries of offences were detected.

Authorised Officer identified a breach where the accused had worked more than the permitted 12 hours in any 24-hour period.

Section/Act

s 250(1)(b), HVNL - critical

Fine

$3,000

Supervisory Intervention Order (SIO)

12 months with the following conditions:

purchase and used of an Electronic Work Diary; and
ongoing monitoring and compliance with the Electronic Work Diary.

8 June 2023

Parkes Local Court

Defendant type: Individual - AS 7322

The accused was pulled into a Heavy Vehicle Safety Station for a compliance inspection by Authorised Officers.

Upon inspection of the accused's Work Diary, breaches where identified where the accused rested less than the permitted 7 hours in any 24-hour period.

Section/Act

s 250(1)(b), HVNL - critical

Supervisory Intervention Order (SIO)

12 months with the following conditions:

purchase and use of an Electronic Work Diary.

8 June 2023

Parramatta Local Court

Defendant type: Corporation - AS 6584

The Company was the registered operator of a heavy vehicle, and permitted a person to drive a heavy vehicle that did not comply with mass requirements.

The permitted mass of the vehicle’s 2nd axle group was 16.5 tonnes and the 2nd axle group was measured at 22.95 tonnes, an overload of 6.45 tonnes or 139%.

The overload on the 2nd axle group resulted in a gross mass overload of 5.95 tonnes constituting a further severe risk breach.

The Regulator charged the accused for the severe risk breach on the 2nd axle group.

Section/Act

s 96(1)(c), HVNL - severe

Fine

$21,000

26 May 2023

Liverpool Local Court

Defendant type: Individual - AS 7086

The defendant was charged with one count of permitting a heavy vehicle to be driven while over mass which constituted a severe risk breach.

Section/Act

s 96(1)(c), HVNL - severe

Fine

$5,000
$102 filing fee

25 May 2023

Lithgow Local Court

Defendant type: Individual - AS 7433

An inspection of the driver’s Work Diary showed the driver had worked for 15 hours, when the maximum permitted work time was 12 hours, which constitutes a critical risk breach.

Further inspection of the driver’s Work Diary showed, on a subsequent date, that the driver had worked for 13 hours and 25 minutes, which constitutes a severe risk breach.

Section/Act

s 250(1)(a), HVNL - critical
s 250(1)(a), HVNL - substantial

Fine

$660

Outcome

5-month conditional release order

Supervisory Intervention Order (SIO)

6 months with the following conditions:

must complete and apply fatigue risk management system training.

25 May 2023

Lithgow Local Court

Defendant type: Individual - AS 7315

Inspection of the driver’s Work Diary showed a breach between 6.15 pm on 8 February 2023, and 6.15 pm on 9 February 2023 when the driver had only 4 hours and 45 minutes of continuous stationary rest time.

The minimum required continuous rest time is 7 hours. Thereby committing a critical risk breach.

Section/Act

s 250(1)(b), HVNL - critical

Fine

$660

Supervisory Intervention Order (SIO)

6 months with the following conditions:

to complete training for fatigue risk management system; and
to use an Electronic Work Diary (EWD).

25 May 2023

Parramatta Local Court

Defendant type: Corporate - AS 5099

A heavy vehicle was intercepted on Grand Avenue, Camellia New South Wales by NHVR authorised officers.

The vehicle was loaded with concrete waste and was found to exceed the permissible gross vehicle mass and the permissible mass limit on the second axle.

The truck had on-board weighing devices which showed it was exceeding the gross vehicle mass.

Section/Act

s 96(1)(a), HVNL - minor
s 96(1)(c), HVNL - severe

Fine

$8,000

24 May 2023

Tweed Heads Local Court

Defendant type: Individual - AS 6665

A heavy vehicle was intercepted at Mount White Heavy Vehicle Safety Station.

Upon inspection of the accused’s National Work Diary, NHVR authorised officers detected a breach of the accused's work hours where they had worked for a total of 13.75 hours when they were permitted to work only 12.

The driver stated they had only been doing interstate work for about a month and didn’t know they had made a mistake.

Section/Act

s 250(1)(a), HVNL - critical

Fine

$900
$102 court costs

Supervisory Intervention Order (SIO)

6 months with the following conditions:

complete training on fatigue requirements; and
monitoring and compliance for the defendant’s Work Diary.

24 May 2023

Gosford Local Court

Defendant type: Individual - AS 7249

A heavy vehicle was intercepted on Pacific Highway at Mount White in NSW by NHVR Authorised Officers.

Authorised Officers inspected the accused’s Work Diary which revealed two breaches of the HVNL.

The first breach was for working over the maximum period in a 24-hour period. The driver had worked for 14 hours and 30 minutes when they were only permitted to work 12 hours.

The second breach was for a false and misleading entry. The accused stated they were resting from 12:00am to 7:00am, however, the accused was detected on a road via Safe-T-Cam 33.6 kilometres from where the accused stated they were resting.

Section/Act

s 250(1)(b), HVNL
s 325(1), HVNL

Fine

$2,000
$204 court costs

Supervisory Intervention Order (SIO)

6 months with the following conditions:

complete fatigue management training; and
must purchase and use an Electronic Work Diary (EWD).

19 May 2023

Goulburn Local Court

Defendant type: Individual - AS 6621

The defendant was charged with one count of a solo driver resting less than the standard minimum time which is a critical risk.

This was the sixth time that the defendant had breached the HVNL for a fatigue related offence.

The NHVR applied to the Court for a Supervisory Intervention Order (SIO) on this basis.

Section/Act

s 250(1)(b), HVNL - critical

Fine

$3,000
$102 court costs

Supervisory Intervention Order (SIO)

6 months for the following:

fatigue management training; and
purchase and use of an Electronic Work Diary (EWD).

19 May 2023

Goulburn Local Court

Defendant type: Individual - AS 6517

A heavy vehicle was intercepted at Marulan Heavy Vehicle Safety Station.

Upon inspection of the accused’s National Work Diary, NHVR authorised officers detected a breach of their work hours where they had worked for a total of 13.75 hours when they were permitted to work only 12.

The driver stated that they probably didn’t look at their work diary properly and that was what caused the breach.

Section/Act

s 250(1)(a), HVNL

Fine

$1,500
$102 court costs

Supervisory Intervention Order (SIO)

6 months for the following:

complete fatigue management training.

19 May 2023

Goulburn Local Court

Defendant type: Individual - AS 5393

A heavy vehicle was intercepted at Marulan Heavy Vehicle Safety Station.

Upon inspection of the accused’s National Work Diary, NHVR authorised officers identified a breach of their work hours between 12:30am on 3 September 2022 and 12:30am on 4 September 2022.

The driver had only rested for a continuous period of 5 hours when they were required to rest 7 hours.

The driver said that their hours had been pushed out by waiting around for loading.

Section/Act

s 254(1)(b), HVNL

Fine

$2,000
$102 court costs

Supervisory Intervention Order (SIO)

12 months with the following conditions:

complete fatigue management training; and
purchase and use of an Electronic Work Diary (EWD).

18 May 2023

Parramatta Local Court

Defendant type: Individual - AS 6681

The accused was pulled into the Mount Boyce Heavy Vehicle Safety Station by authorised officers.

A check on the accused’s Work Diary revealed that the accused was working standard driving hours, but not resting the required amount that is required under standard hours fatigue legislation.

Section/Act

s 250(1)(a), HVNL - critical
s 250(1)(6), HVNL - critical

Fine

$15,000

Supervisory Intervention Order (SIO)

12 months with the following conditions:

fatigue management training; and
purchase and use of an Electronic Work Diary (EWD); and
monitoring and compliance for their EWD.

15 May 2023

Dubbo Local Court

Defendant type: Individual - AS 6209

The accused made a false or misleading entry in their Work Diary.

Section/Act

s 325(1), HVNL

Outcome

No conviction recorded, pursuant to a Conditional Release Order.

Supervisory Intervention Order (SIO)

9 months with the following conditions:

training for an Electronic Work Diary; and
purchase and use of an Electronic Work Diary.

9 May 2023

Broken Hill Local Court

Defendant type: Individual - AS 6507

A heavy vehicle was intercepted on Hume Highway at Coolac in NSW by NHVR authorised officers.

The driver’s Work Diary contained a number of incorrect recordings when checked against Safe-T-Cam sightings.

The driver had recorded resting when a Safe-T-Cam detected him driving over 1,000 kilometres away.

Section/Act

4 x s 325(1), HVNL

Fine

4 x $2,500
4 x $102 court costs
$10,408 total

Supervisory Intervention Order (SIO)

12 months for the following:

purchase and use of an Electronic Work Diary; and
training to complete a Work Diary.

5 May 2023

Goulburn Local Court

Defendant type: Individual - AS 7047

The Accused was intercepted by NHVR authorised officers and the Accused’s Work Diary was inspected.

Upon inspection, it was detected that the Accused had failed to take the minimum requirement of 24 hours continuous rest in a 7-day period between 1:00pm on 2 January 2023 and 1:00pm 9 on January 2023.

The longest continuous rest period during the 7-day period recorded was 14 hours and 45 minutes.

Section/Act

s 250(1)(b), HVNL - substantial

Fine

$1,200
$102 court costs

Supervisory Intervention Order (SIO)

6 months for the following:

fatigue management training; and
purchase and use of an Electronic Work Diary (EWD).

5 May 2023

Goulburn Local Court

Defendant type: Individual - AS 7034

A heavy vehicle was intercepted on Hume Highway at Marulan by NHVR Authorised Officers and inspected the driver’s National Driver Work Diary.

The authorised officers identified two breaches within a 24-hour period.

The driver had driven for a total of 19.5 hours and had only rested for 1.5 hours.

The driver was aware they were allowed to drive up to 12 hours in any 24-hour period.

When asked, when they should start counting a work period, they stated at the end of a major rest break.

Section/Act

s 250(1)(a), HVNL - critical
s 250(1)(b), HVNL - critical

Fine

$10,000 for each charge
$102 filing fee for each charge
$20,204 total penalty

4 May 2023

Parramatta Local Court

Defendant type: Company - AS 5740

A heavy vehicle was detected via Safe-T-Cam avoiding the Mount Boyce East Heavy Vehicle Safety Station.

NHVR Authorised Officers sent out a number of Notices to Produce to ascertain the details of the person driving the vehicle at the time of the offence.

The responsible person for the vehicle failed to respond to the NHVR to provide the information requested by the authorised officers.

Section/Act

s 570(3), HVNL

Fine

$2,500
$102 filing fee

Supervisory Intervention Order (SIO)

6 months with the following conditions:

training to ensure the Safety of Transport Activities.

4 May 2023

Parramatta Local Court

Defendant type: Company - AS 5511

The defendant was charged with two counts of exceeding the maximum standard work hours and one count of exceeding the maximum standard work hours.

Section/Act

C1 - C2 - s 250(1)(a), HVNL - critical
C3 - s 250(1)(a), HVNL - severe

Fine

C1 - $2,000
C2 - $1,500
C3 - $2,500
$6,000 total penalty

Other orders

Convictions recorded

28 April 2023

Liverpool Local Court

Defendant type: Individual - AS 5871

A heavy vehicle was detected travelling between Safe-T-Cam sites in less than the allowable travel time.

A Notice to Produce was sent to the registered operator of the heavy vehicle requesting Work Diary records for the relevant period.

The accused was nominated as the driver by the registered operator and all relevant Work Diary records were provided.

A check on the accused’s Work Diary revealed that the accused was working under standard driving hours.

Upon inspection of the accused’s Work Diary, entries of three critical breach fatigue offences were detected.

Section/Act

C1- C3 - s 250(1)(a), HVNL - critical

Fine

$750 per charge, totalling $2,250

Supervisory Intervention Order (SIO)

12 months for the following:

fatigue management training; and
purchase and use of an Electronic Work Diary (EWD) with ongoing compliance.

26 April 2023

Temora Local Court

Defendant type: Individual - AS 7041

A heavy vehicle was intercepted on the Newell Highway at West Wyalong and eight fatigue offences were detected.

Section/Act

8 x s 254(1)(a), HVNL:
- 3 x minor risk;
- 2 x substantial risk;
- 1 x severe risk; and
- 2 x critical risk.

Fine

$7,080
$102 filing fee

Supervisory Intervention Order (SIO)

12-months with the following conditions:

fatigue management training
purchase and use of an Electronic Work Diary.

21 April 2023

Goulburn Local Court

Defendant type: Operator - AS 5385

A Prime Mover was directed into the Marulan heavy vehicle safety station for a compliance check.

During the compliance check of the heavy vehicle dimension issues were detected with the vehicle’s overall width of the load.

The vehicle and the loads overall width was measured at 2.66 metres.

The allowable width of the vehicle was 2.50 metres.

Section/Act

s 102(1)(b)(iii), HVNL - severe

Fine

$2,500
$102 filing fee

Supervisory Intervention Order (SIO)

12-month SIO for training to all directors, senior management and persons responsible for the operations if transport activities within the company. Training must include training in respect of:

compliance with mass
compliance with dimension requirements
compliance with loading requirements.

21 April 2023

Goulburn Local Court

Defendant type: Individual - AS 5672

The defendant was charged with one count of solo driver work for more than standard maximum work time – severe risk.

Section/Act

s 250(1)(a), HVNL – severe

Orders

12-month Supervisory Intervention Order for fatigue management training
guilty but matter dismissed pursuant to s10(1)(a) Crimes (Sentencing Procedure) Act 1999) (NSW).

21 April 2023

Goulburn Local Court

Defendant type: Individual - AS 6791

A heavy vehicle was intercepted at Marulan Heavy Vehicle Checking Station.

The driver of the vehicle produced Work Diary records which showed he had worked 14 hours and 15 minutes in a 24-hour period which amounted to a critical risk breach.

Section/Act

s 250(1)(a), HVNL - critical

Fine

$1,600 fine
$102 filing fees

Supervisory Intervention Order (SIO)

6 months for the following:

undertake training in fatigue management.

21 April 2023

Goulburn Local Court

Defendant type: Company - AS 4458

On 4 July 2022, a heavy vehicle was intercepted at the Marulan South heavy vehicle safety station.

Upon inspection, authorised officers identified a severe mass breach. The assessed mass of the vehicle’s fourth axle group was 28.0 tonne when its allowable mass limit was 22.5 tonne, resulting in a severe mass breach or an overload of 124%.

The driver of the vehicle stated that they did not load the vehicle and that they had gotten in at a rest stop. They stated that they were told the gauges installed on the trucks were broken and so they had not checked them.

Section/Act

s 96(1)(c), HVNL - severe

Fine

$1,200 fine
$102 filing fees

Supervisory Intervention Order (SIO)

must provide training to all senior management and employees responsible for heavy vehicles in relation to mass; and
must attend public weighbridge prior to commencing each loaded journey and ensure a measurement ticket is retained; and
must purchase and install weight gauges to all heavy vehicles in its operation.

21 April 2023

Goulburn Local Court

Defendant type: Individual - AS 5880

A heavy vehicle was intercepted at the Marulan South heavy vehicle safety station.

Upon inspection of the accused’s Work Diary, multiple fatigue offences were detected, namely nine critical fatigue breaches and one substantial fatigue breach.

The driver advised that it was their first Work Diary and that they had asked other drivers to explain, but that they didn’t understand it.

At court, the driver explained that they had significant reading and writing difficulties, is affected by mental illness and came from a low-socioeconomic background.

The driver has since purchased an Electronic Work Diary subscription.

Taking into account these circumstances, the court dealt with this driver in a very unique way.

Section/Act

s 250(1)(a), HVNL - critical
s 250(1)(a), HVNL - substantial
s 250(1)(b), HVNL - critical

Fine

$1,200 fine
$102 filing fees

Other orders

Convicted on all ten charges.
Conditional Release Order without conviction for the balance of charges one to nine.

Supervisory Intervention Order (SIO)

the driver must complete training for fatigue risk management system;
the driver must provide proof of alleged Electronic Work Diary purchase; and
where proof of Electronic Work Diary is not provided, driver must purchase and use an Electronic Work Diary.

21 April 2023

Goulburn Local Court

Defendant type: Company - AS 5454

On 28 September 2022, a heavy vehicle was intercepted at Marulan southbound heavy vehicle safety station.

Upon investigation, it was found that the company failed to ensure that the vehicle complied with its dimension requirements. Namely, the vehicle exceeded its permitted width of 2500mm by 210mm.

The driver advised that they hadn’t loaded the vehicle and that they hadn’t stopped to check the load.

Section/Act

s 102(1)(b)(iii), HVNL

Fine

$1,200 fine
$102 filing fees

Supervisory Intervention Order (SIO)

Training on mass, dimension and loading to all senior management and employees responsible for the operation of heavy vehicles.

20 April 2023

Parramatta Local Court

Defendant type: Company - AS 6267

On 16 August 2022, a vehicle registered to the Company failed to enter the heavy vehicle safety station situated near Twelve Mile Creek, New South Wales.

On 26 October 2022, the Company failed to respond to a Notice to Produce requiring information in relation to the driver at the time of the failure to enter.

The Company was charged with failing to respond to the Notice to Produce.

The prosecution submitted that specific and general deterrence were relevant given the prevalence of this kind of offending.

Section/Act

s 570(3), HVNL

Fine

$10,000

4 April 2023

Campbelltown Local Court

Defendant type: Individual - AS 6373

The accused was pulled over for an inspection by authorised officers.

Upon inspection, authorised officers assessed the vehicle was not compliant with the Heavy Vehicle National Law as the height of the vehicle was 4.88 metres and the allowable height is 4.3 metres.

Section/Act

s 102(1)(b)(iii), HVNL - severe

Fine

$800

Supervisory Intervention Order (SIO)

12 months for the following:

training from an accredited training provider for mass, dimension and loading.

4 April 2023

Campbelltown Local Court

Defendant type: Individual - AS 6168

A driver was intercepted at Marulan by NHVR Authorised Officers and his Work Diary inspected.

Between 6:00am on 31 October 2022 and 6:00am on 1 November 2022, the accused worked for a total of 14 hours, exceeding their standard work hours by 2 hours resulting in a critical risk breach.

The accused stated they didn’t understand their Work Diary and calculated their hours a different way to the NHVR Authorised Officers.

Section/Act

C1 – s 250(1)(a), HVNL - critical

Fine

$2,500
filing fees

Supervisory Intervention Order (SIO)

12 months for the following:

undertake training in fatigue management.

3 April 2023

Moree Local Court

Defendant type: Individual - AS 5759

The defendant was charged with three counts of making a false/misleading entry in a work record.

Section/Act

s 325(1), HVNL

Fine

$306 in costs

Other orders

12-month good behaviour bond

Supervisory Intervention Order (SIO)

12 months for the following:

purchase and use of an Electronic Work Diary (EWD)

29 March 2023

Liverpool Local Court

Defendant type: Individual - AS 5866

A heavy vehicle was intercepted at Twelve Mile Creek by NHVR authorised officers.

The authorised officers inspected the driver’s work diary and found two breaches of the HVNL. The driver worked 19 hours and rested 4.5 hours in a 24-hour period.

Section/Act

C1 – s 250(1)(a), HVNL
C2 – s 250(1)(b), HVNL

Fine

C1 - $4,000
C2 - $4,000
$204 filing fees

Other orders

Convictions recorded

28 March 2023

Wagga Wagga Local Court

Defendant type: Individual - AS 5510

A heavy vehicle carrying 3 caravans was intercepted by NHVR authorised officers. The authorised officers observed the vehicle travelling very slowly.

Earlier in the journey the vehicle braked suddenly and the restraints on the rear caravan on the rear trailer failed, resulting in all webbing straps, except one, becoming loose. This caused the caravan to roll back and forward.

The restraints on the front caravan of the rear trailer also failed.

The contravention of the loading requirement resulted in a severe risk breach as there was an appreciable risk to public safety and an appreciable risk of damage to road infrastructure.

The vehicle's permitted length was 26 metres. The vehicle's length was 26.65, an excess length of 0.65 meters. The contravention of the vehicle's permitted length resulted in a severe risk breach.

Section/Act

C1- C2 - s 111(1)(c), HVNL - severe
C3 - s 102(1)(b), HVNL - severe

Fine

C1 - $1,500
C2 - $1,500
C3 - $1,500

Supervisory Intervention Order (SIO)

6 months for the following:

undertake training in dimension requirements; and
undertake training in load restraint requirements.

28 March 2023

Fairfield Local Court

Defendant type: Organisation - AS 5662

In September 2022, Safety and Compliance Officers inspected a white Table-Top truck in Yennora NSW.

The driver advised officers that their employer had instructed them to drive the vehicle.

The vehicle was over mass on the second axle group by 2 tonnes or 122%.

The company was charged with a severe risk mass offence.

Officers identified a minor risk breach on the vehicle’s gross mass but did not issue a penalty notice.

The defendant voluntarily entered into a Supervisory Intervention Order (SIO), the terms of which were relatively onerous.

Section/Act

s 96(1)(c), HVNL

Fine

$1,200

Supervisory Intervention Order (SIO)

12 months with the following conditions:

installation of mass equipment for on all heavy vehicles owned by the company; and
all heavy vehicles registered to the company must attend public weighbridges and obtain measurement ticket before commencing their journey.

28 March 2023

Fairfield Local Court

Defendant type: Individual - AS 5402

A driver of a heavy vehicle was intercepted by NHVR Authorised Officers at Wetherill Park. Upon inspection of the driver's work diary, the compliance officers identified four breaches of the HVNL relating to fatigue.

Section/Act

C1 – s 250(1)(a), HVNL - critical
C2 – s 250(1)(a), HVNL - critical
C3 – s 250(1)(a), HVNL - critical
C4 – s 250(1)(a), HVNL - critical

Fine

C1 - $2,000
C2 - $1,500
C3 - $1,500
C4 - $1,500

Other orders

Convictions recorded

23 March 2023

Parkes Local Court

Defendant type: Individual - AS 5401

A solo driver rested for less than the standard minimum rest time - critical risk.

Section/Act

C1 – s 250(1)(b), HVNL - critical

Fine

$1,500
$102 filing fee

Outcome

Conviction

Supervisory Intervention Order (SIO)

6 months for the following:

fatigue management training; and
use of an Electronic Work Diary (EWD).

22 March 2023

Gosford Local Court

Defendant type: Corporate defendant - AS 6420

The defendant was charged with one count of permitting a heavy vehicle to be driven while over mass, a severe risk breach.

Section/Act

C1 – s 96(1)(c), HVNL - severe

Fine

$10,000
$102 filing fee

Other orders

Conviction recorded

21 March 2023

Forbes Local Court

Accused type: Individual - AS 5882

On 20 October 2022, the offender was intercepted at Daroobalgie, NSW. Inspection of their National Work Diary revealed that in the 24-hour period between 9:30am on 19 October 2022 and 9:30am on 20 October 2022, the offender had driven 14 hours and 30 minutes. This exceeded their permitted hours by 2 hours and 30 minutes, resulting in a critical risk breach.
The offender stated that they thought they were “right after the 7-hour break”.

The accused had a prior heavy vehicle record:

Written plea of guilty with explanation entered. That it was a simple oversight.
That fatigue was not, however, a factor because they had had a lot of rest in preceding 24-hour periods.
That they had recently changed from BFM to standard and this caused them to miscalculate.

The NHVR made submissions on the need for specific and general deterrence as well as the matter of public safety. The NHVR applied for a Supervisory Intervention Order (SIO).

The offender was found guilty and sentenced by way of monetary order in the amount of $3,000 with costs awarded.

Section/Act

C1 – s 250(1)(a), HVNL - critical

Fine

$3,000
$102 filing fee

Supervisory Intervention Order (SIO)

Fatigue training; and
use and purchase of an Electronic Work Diary (EWD).

16 March 2023

Penrith Local Court

Defendant type: Corporate defendant - AS 5676

The corporate defendant was charged with two counts of permitting another person to drive a heavy vehicle that did not comply with mass requirements – severe risk.

Section/Act

C1 – s 96(1)(c), HVNL - severe
C2 – s 96(1)(c), HVNL - severe

Fine

C1 – penalty of $7,500
C2 – penalty of $5,000

Other orders

Convictions recorded

9 March 2023

Parramatta Local Court

Defendant type: Corporate defendant - AS 5215

The corporate defendant was charged with permitting a person to drive a heavy vehicle that does not comply with the relevant mass requirements applying to the vehicle- severe risk breach.

Section/Act

C1 – s 96 (1)(c), HVNL - severe

Fine

$1,000 penalty
$102 filing fee

Other orders

Conviction recorded

Supervisory Intervention Order (SIO)

12 months that requires:

Installation of mass equipment in all heavy vehicles registered to the company; and
The company to provide mass training to relevant employees.

9 March 2023

Parramatta Local Court

Defendant type: Corporate defendant - AS 5143

One count of permitting another person to drive a heavy vehicle that does not comply with mass requirements – severe risk.

One count of permitting another person to drive a heavy vehicle that does not comply with mass requirements – severe risk – substantial risk.

Section/Act

C1 – s 96(1)(c), HVNL - severe
C2 – s 96(1)(b), HVNL - substantial

Fine

C1 – penalty of $7,500
C2 – penalty of $2,500

Other orders

Convictions recorded

Supervisory Intervention Order (SIO)

6 months that requires:

Installation of mass equipment in all heavy vehicles registered to the company; and
The company is to provide mass training to relevant employees.

7 March 2023

Downing Centre Local Court

Defendant type: Corporation - AS 4210

The accused company was the registered operator of the vehicle.

In February 2022, an investigation commenced into the company for alleged fatigue management related breaches.

The defendant voluntarily entered into a supervisory intervention order.

The terms of which were relatively onerous and required them to hire staff to manage the paperwork. This indicates the company's willingness to rehabilitate and change their business practices.

Section/Act

s569, HVNL
s570, HVNL

Fine

convicted
fined $1,500
fined $1,500
$204 costs

Supervisory Intervention Order (SIO)

12 months
fatigue management training
purchase and use of an Electronic Work Diary.

6 March 2023

Queanbeyan Local Court

Defendant type: Corporate defendant - AS 5520

The corporate defendant was charged with permitting a person to drive a heavy vehicle that does not comply with the relevant dimension requirements applying to the vehicle.

Section/Act

C1 – s102(1)(b)(iii), HVNL - severe

Fine

$2,500 penalty
$102 filing fee

Other orders

Conviction recorded

Supervisory Intervention Order (SIO)

12 months for mass, dimension and loading training.

1 March 2023

Tweed Heads Local Court

Defendant type: Individual - AS 5395

The accused was charged with one count of working more than standard hours (critical risk breach), and 2 counts of resting less than minimum hours (critical risk breach).

In the 24-hour period between 11:00am on 8 September 2022 and 11:00am on 9 September 2022, the accused worked for 15 hours and 45 minutes.

In the same 24-hour period, the accused rested for 5 continuous hours.

In the 24-hour period from 9 September 2022 and 10 September 2022, the accused rested for 5 continuous hours.

The accused had no prior heavy vehicle record. Plea of guilty was entered with explanation.

Section/Act

C1 – s 250(1)(a), HVNL - critical
C2 – s 250(1)(b), HVNL - critical
C3 – s 250(1)(b), HVNL - critical

Fine

$306 filling fees

Other orders

Convicted under s10A

Supervisory Intervention Order (SIO)

Requiring training and purchase and use of an Electronic Work Diary (EWD).

24 February 2023

Goulburn Local Court

Defendant type: Individual - AS 5519

One count of a solo driver resting less than the standard minimum time – critical risk.

Section/Act

s 250(1)(b), HVNL

Other orders

s 10A, conviction with no further penalty

Supervisory Intervention Order (SIO)

6 Months with the following terms:

Offender to complete training on:
- Fatigue management.
- Working safely in the transport industry

24 February 2023

Goulburn Local Court

Defendant type: Individual - AS 5375

One count of a solo driver working more than the standard maximum time– critical risk.

Section/Act:

s 250(1)(a), HVNL

Fine

$1000

Other orders

Convicted

Supervisory Intervention Order (SIO)

12 months with the following terms:

Apply for a Work Diary exemption allowing another to fill out his Work Diary to assist the defendant as he cannot read or write.
If rejected, the defendant is to obtain an Electronic Work Diary (EWD).
The defendant is to complete training on fatigue management.

10 February 2023

Goulburn Local Court

Defendant type: Individual - AS 5667

One count of driving, or permitting others to drive a heavy vehicle that does not comply with mass requirements - severe risk.

The vehicle was weighed and assessed to have a mass of 8.32 tonnes on the steer axle. It was 128% over mass on that steer axle group, amounting to a critical risk breach.

The director submitted that their company was responsible for the offence due to the Chain of Responsibility and their use of a novice driver. However, the director submitted the blame for the overloading of the vehicle should be shared between the driver and the third party which loaded the vehicle.

The defendant company is ultimately responsible for the offence as the registered owner and operator, and has a responsibility to ensure the driver has adequate training and a procedure is in place to weigh vehicles after loading.

Section/Act

s96(1)(c), HVNL - severe

Outcome

Convicted

Supervisory Intervention Order (SIO)

6 months in the following terms:

The defendant must undertake training for mass requirements for senior management and employees responsible for the company’s transport activities within the company.

10 February 2023

Goulburn Local Court

Defendant type: Individual - AS 5525

One count of a solo driver resting less than the standard minimum time – critical risk.

The accused had driven a 7-day period (168-hour period) between 16 September 2022 at 8:45pm, and 23 September 2022 at 8:45pm.

The accused did not have a 24-hour rest as required. Their longest rest in this period of time was 16 hours.

The accused entered a plea of guilty and wrote a letter of apology to the court. The letter stated they were sorry and made a mistake. The Accused also consented to the Supervisory Intervention Order (SIO).

The prosecutor submitted that the accused was a systematic offender and sought the imposition of an SIO.

The accused had five similar offences in the past 8 years, mostly relating to fatigue and Work Diary offences.

Section/Act

s 250(1)(b), HVNL - critical risk

Other orders

Convicted

Supervisory Intervention Order (SIO)

9 months imposing Fatigue Risk Management Training in addition to completing a Work Diary training.

7 February 2023

Parramatta Local Court

Defendant type: Individual - AS 4876

The defendant charged for driving 15 hours in a 24-hour period, when the maximum allowable work hours for them was 12 hours.

The breach was discovered by authorised officers inspecting the defendant’s Work Diary during a routine inspection at a safety station.

The charge was listed for a contested hearing. After discussions with the prosecutor, the defendant pleaded guilty on the morning of the hearing.

At sentence, the NHVR submitted:

The defendant did not understand that multiple 24-hour work periods can operate at the same time when counting work hours. The defendant, therefore, did not have an excuse to the charge but it explained the offending.
The defendant had prior similar offences on their traffic record and only a fine would be appropriate.
The defendant consented to a Supervisory Intervention Order (SIO) requiring them to undertake training about how to fill in a Work Diary. This was to be taken into account by the court when determining an amount for the fine.

Section/Act

s 250(1)(a), HVNL

Fine

$1,250

Other orders

Convicted

Supervisory Intervention Order (SIO)

6 months requiring the defendant to undertake training about how to complete a Work Diary.

30 January 2023

Dubbo Local Court

Defendant type: Corporate - AS 5904

One count of permitting another person to drive a heavy vehicle that does not comply mass requirements.

Section/Act

s 96(1)(c), HVNL - severe

Fine

$1,500

Other orders

Convictions recorded

Supervisory Intervention Order (SIO)

1-year in the following terms:

The company must install mass equipment on all new vehicles that are to be used in long haulage (journeys that exceed 150km) that do not have mass equipment installed.

20 January 2023

Goulburn Local Court

Defendant type: Operator - AS 5383

The accused was travelling from Austral, NSW to Goulburn, NSW. At the time of intercept, the accused had travelled approximately 135 kilometres or approximately 1 ½ hours. At the time of intercept, the accused had travelled approximately 82% of their journey.

The vehicle's permitted mass on the second axle group was 9.00 tonnes.

The vehicle's mass was weighed at 12.06 tonnes. Taking into account the applicable mass adjustment, the vehicle's alleged mass was 11.66 tonnes, an excess mass of 129%.
The vehicle was loaded with scaffolding material.

When asked roadside by the Safety Compliance Officer whether or not they weighed the vehicle before commencing his journey, the accused said no.

First offence under the HVNL.

Section/Act

s 96(1)(a) HVNL - severe

Fine

$1,100

Other orders

Conviction recorded

Supervisory Intervention Order (SIO)

6 months with the following conditions:

The accused must, within ten (10) working days of this Order being made, provide to the National Heavy Vehicle Regulator (“NHVR”), his current address, email address and telephone number by sending this to the email address monitoring.compliance@nhvr.gov.au.
The accused must complete education provided by an accredited training provider. The training must be approved by the National Heavy Vehicle Regulator in accordance with the following requirements:
- Load compliance;
- mass compliance; and
- dimension compliance.
The accused must provide the completion certificate to monitoring.compliance@nhvr.gov.au.

12 January 2023

Parramatta Local Court

Defendant type: Individual - AS 4404

A driver of a heavy vehicle worked 14 hours and 45 minutes in a 24-hour period. This is considered a critical fatigue breach, as the maximum hours that a driver of a heavy vehicle can work under the standard regime is 12 hours.

Section/Act

C1 – s 250(1)(a) - critical

Fine

$750
$102 filing fees

Supervisory Intervention Order (SIO)

12 months for fatigue management training and use of an Electronic Work Diary (EWD).

20 December 2022

Downing Centre Local Court

Defendant type: Company - AS 5516

On 8 September 2022 compliance officers intercepted a white Freightliner primer travelling on Southern Cross Drive, Eastlakes NSW 2018.

The accused company is the registered operator of the vehicle, which was loaded with steel/metal. The permitted width was 2.5 metres and measured at 2680mm (after allowing 20mm adjustment).

Service was via process server who handed the 1st Court Attendance Notice to someone over 16 at the registered business address, the 2nd Court Attendance Notice was left at the same registered business address.

A s196 application was made in the absence of the accused company.

Section/Act

s 102(1)(b)(iii) HVNL

Fine

$6,600
50% moiety to NHVR
$359 costs/fees (includes $257 process server fee)

15 December 2022

Parramatta Local Court

Defendant type: Individual

A heavy vehicle was captured on Safe-T Cam not entering the Heavy Vehicle Safety Station on 2 separate incidents. Notices to Produce were sent to the defendant. The defendant did not respond to the Notices and did not provide a reasonable excuse.

Section/Act

C1 – s 569(2)
C2 – s 569(2)

Fine

C1 - $3,300
C2 - $2,200
$102 filing fees

Other orders

Convictions recorded

13 December 2022

Blacktown Local Court

Defendant type: Corporate defendant – AS 4840

The defendant was charged with 1 count of permitting a heavy vehicle to be driven while over mass – severe risk breach – no prior prosecution history.

The defendant was also charged with one count of using a heavy vehicle, not in a registered configuration.

Section/Act

C1 - s 96(1)(c) HVNL- severe risk
C2 - sch 2 cl 15(1)(a) Road Transport Act 2013

Fine

C1 - $15,000 fine
C2 - $5,000 fine
50% moiety and costs awarded to NHVR in both matters

Other orders

Conviction recorded in both matters

12 December 2022

Goulburn Local Court

Defendant type: Individual - AS 4490

The accused was charged with 1 count of working more than standard hours (critical risk breach) the work diary requirements.

In the 24-hour period between 6:00 am on 22 June 2022 to 6:00 am on 23 June 2022, the accused recorded that they worked a total of 14 hours in the 24-hour period.
applied for a Supervisory Intervention Order (SIO).

Defendant found guilty with no conviction recorded. Defendant ordered to pay filing fees.

SIO made requiring training and purchase and use of an Electronic Work Diary.

Section/Act
• C1 - s 250(1)(a) – critical

Fine

Filing fees

Supervisory Intervention Order (SIO)

12 months to undertake training provided includes training in respect of compliance with the fatigue requirements as relevant to fatigue-regulated heavy vehicles and use of an Electronic Work Diary.

9 December 2022

Lithgow Local Court

Defendant type: Operator

The accused travelled approximately 670km with a heavy vehicle that only had the permitted length of 26m. The vehicle's length was measured at 28.15m.

The heavy vehicle failed to comply with dimension requirements by exceeding them in excess length by 2.01m.

Section/Act

s 102(1)(b) - severe risk

Other orders

Conviction with no other penalty.

Supervisory Intervention Order (SIO)

6 months with the following conditions.

All directors, senior management and persons responsible for the operations of transport activities, including drivers, within the company must complete education provided by an accredited training provider. The training must be approved by the National Heavy Vehicle Regulator in accordance with the following requirements:
- The company must ensure that the content of training provided includes training in respect of compliance with the dimension requirements as relevant to heavy vehicles.
- The company must provide details of the proposed accredited training provider and the proposed content of training to the National Heavy Vehicle Regulator.
- The company is not to undertake any training unless the National Heavy Vehicle Regulator has confirmed in writing it is satisfied that the proposed accredited training provider is sufficiently accredited and that the proposed content of training sufficiently addresses the companies future compliance with the Heavy Vehicle National Law.
Within one (1) month of this Order being made, the company is to have made contact with the National Heavy Vehicle Regulator, in writing, in accordance with Orders 3(b) and 3(c).
The company is to complete the training at its own expense.
Within five (5) months of this Order being made, the company is to provide records of completion for all directors, senior management and persons responsible for the operations of transport activities, including drivers, within the company to the NHVR.

9 December 2022

Goulburn Local Court

Defendant type: Individual - AS 4819

The accused was charged with 1 count of working more than standard hours (critical risk breach) and 1 count of resting less than the minimal standard hours (critical risk breach).

In the 24-hour period between 10:30 am on 7 July 2022 and 10:30 am on 8 July 2022, the accused recorded that they worked a total of 14 hours in the 24-hour period and rested for 4 hours and 45 minutes in the 24-hours period.

The accused had no prior heavy vehicle record.

A plea of guilty was entered with explanation. The accused explained they had misunderstood the work diary requirements.

Defendant found guilty with no conviction recorded.
Supervisory Intervention Order (SIO) made requiring training and purchase and use of an Electronic Work Diary.

Section/Act

C1 - s 250(1)(a) – critical
C2 - s250(1)(b) – critical

Supervisory Intervention Order (SIO)

For 12-months to undertake training provided includes training in respect of compliance with the fatigue requirements as relevant to fatigue-regulated heavy vehicles and use of an Electronic Work Diary

9 December 2022

Goulburn Local Court

Defendant type: Company

The accused was charged with 1 count permitting a heavy vehicle not to comply with the dimension requirements, resulting in a severe risk breach.

On 12 September 2022, a heavy vehicle registered to the accused was inspected and found to be over-length. Dimension requirements required vehicle length to not exceed 26 meters. The length measured to be 26.97 meters, resulting in the vehicle being 0.97m over length.

The accused was represented and submissions were made that a Supervisory Intervention Order (SIO) was not suitable because the accused’s record did not indicate they were, or would likely, become persistent offenders. The accused had two prior penalty infringement notices.

The defence submitted that the steps the Company had since taken were enough to mitigate their offending (purchasing trailers rather than leasing).

Submissions were made that the company had the benefit of PINs in the past and hadn’t rectified their conduct.

Further submissions that the purpose of an SIO was to increase understanding, education and compliance and that due to the company being before the Court and the comments made in the interview, it was a suitable matter for an SIO.

SIO made requiring training and equipment to improve compliance.

Section/Act:
• C1 - s 250(1)(a) – critical
• C2 - s 250(1)(b) – critical

Other orders

Supervisory Intervention Order (SIO) for 6-months to undertake training for the use and implementation of compliance mechanisms.
Correctional Release Order (CRO) – 6 months.

9 December 2022

Goulburn Local Court

Defendant type: Individual

On 3 September 2022, National Heavy Vehicle Regulator authorised officers observed a heavy vehicle, travelling North on the Hume Highway at Marulan NSW.

The Accused drove the vehicle from Derrimut VIC to Wetherill Park NSW. A journey of 856kms.

The vehicle was loaded with primary produce. In total, the load weighed approximately 49.75 tonnes.

A visual inspection of the trailer found an open toolbox on the left side with unsecured steel bars protruding out and unsecured boards in the toolbox.

The contravention of the loading requirement resulted in a severe risk breach.

Section/Act

s 111 - severe risk
s 10A

Other orders

Conviction recorded, no other penalty
Supervisory Intervention Order (SIO) for 6 months
Undertake training in load restraint requirements.

9 December 2022

Goulburn Local Court

Defendant type: Individual

On 20 August 2022 National Heavy Vehicle Regulator authorised officers observed a heavy vehicle travelling South on the Hume Highway at Marulan NSW.

Upon inspection of the accused's work diary, the authorised officers identified 1 breach of the HVNL between 8 August 2022 and 9 August 2022, when the accused had worked 14.5 hours in any 24-hour period. On this occasion, the accused had undertaken a journey between Moorebank NSW and Gundagai NSW.

The accused (solo driver) worked for more than the standard maximum work time of 12 hours.

Section/Act

s 250(1)(a) - critical risk
s 10A

Other orders

Conviction recorded, no other penalty
Supervisory Intervention Order (SIO) for 6 months.
Undertake training in fatigue management.
Purchase and use an electronic work diary for the duration of the order.

8 December 2022

Parkes Local Court

Defendant type: Individual - AS 5098

The accused was charged with 1 count of make false or misleading entry in work record. The accused was working during a period he recorded in his work diary as rest. The STC in Albury detected the heavy vehicle at the time the accused recorded as rest.

The defendant was legally represented and entered a plea of guilty. The legal representative made submissions to the effect that it was a genuine mistake, the defendant had done training since and was working closely with their employer to rectify their mistakes. The legal representative made submissions that if a Supervisory Intervention Order (SIO) was to be imposed requiring the defendant to purchase an Electronic Work Diary (EWD), that their employer would cease their employment.

As such, the Regulator did not oppose the SIO being amended to remove the SIOs requirement for an EWD and instead just require the defendant's written work diary pages.

His Honour convicted the defendant, ordered a $2,000 fine and imposed the SIO. His Honour made comments regarding the employer’s attitude toward an EWD and expressed his displeasure, and that there was a need for the company to progress with the times and make changes to an EWD.

Section/Act

C1 - s 325(1) of the HVNL

Fine

$2000

Other orders

Conviction recorded

Supervisory Intervention Order (SIO)

For 6-months requiring training for fatigue and to supply work diary records for monitoring.

7 December 2022

Gosford Local Court

Defendant type: Individual defendant – AS 4398

The defendant was charged with 1 count of making a false and misleading statement in a work diary. The accused had a poor traffic record in Queensland. Police charge the accused with the same offence 5 months later. Both matters before the court for sentence.

The accused did not appear but indicated a plea of guilty by email to the court and indicated they were content to have the court deal with the matters in their absence.

Section/Act

s 325

Fine

Penalty of $2000 for each charge of false or misleading
$102 filing fee

Other orders

Conviction recorded
Supervisory Intervention Order (SIO)
Discounts for the early plea of guilty assessed at 15%.

25 November 2022

Goulburn Local Court

Accused type: Individual accused – AS 4796

The accused was charged with 1 count of working more than standard hours (critical risk breach) and 1 count of resting less than minimum hours (critical risk breach).

In the 24-hour period between 13:30 on 13 June 2022 and 13:30 on 14 June 2022, the accused recorded that they worked a total of 19 hours and 15 minutes, and rested for a continuous period of 2 hours and 45 minutes.

The accused had no prior heavy vehicle record.

A plea of guilty was entered with explanation. It was their first trip. The accused was told, incorrectly, that they could drive a prime mover without a trailer and not have to have the 7 hours rest. The accused had not driven a heavy vehicle since the offence. They asked the prosecution if there was some training that they could undertake.

The prosecutor applied for a Supervisory Intervention Order (SIO). The defendant was found guilty with no conviction recorded, and placed under a Conditional Release Order (CRO) for 9 months.

SIO made requiring training and purchase and use of an Electronic Work Diary (EWD).

Section/Act

C1 – s 250(1)(a) – critical
C2 – s250(1)(b) – critical

Other orders

Supervisory Intervention Order (SIO)
Conditional Release Order (CRO)

25 November 2022

Goulburn Local Court

Accused type: Individual accused - AS 5090

The defendant was charged with 1 x solo driver work more than maximum time, critical risk breach. In the relevant 24-hour period, the defendant drove 14 hours and 30 minutes.

The defendant entered a written plea of guilty explaining that they misunderstood their work diary requirements. The defendant accepted responsibility. The defendant had no relevant prior history.

The prosecutor applied for a Supervisory Intervention Order (SIO). The defendant was found guilty with no conviction recorded and placed under a Conditional Release Order (CRO) for 9 months.

An SIO was ordered by the Court requiring training, and the purchase and use of an Electronic Work Diary (EWD).

Section/Act

C1 – s 250(1)(a) – critical

Other orders

Supervisory Intervention Order (SIO)
Conditional Release Order (CRO)

25 November 2022

Goulburn Local Court

Accused type: Individual defendant - AS 4887

The defendant was charged with 1 count of solo driver works more than standard maximum time (critical risk). Defendant had 2 previous Heavy vehicle offences

drive unregistered heavy vehicle
follow too closely in a heavy vehicle.

Section/Act

C1 – s.250(1)(a) – critical risk

Fin

Penalty of $0
No filing fee
No moiety

Other orders

No conviction recorded
Supervisory Intervention Order (SIO) ordered

25 November 2022

Goulburn Local Court

Accused type: Individual accused - AS 4441

The defendant was charged with 1 x solo driver work more than maximum standard hours (critical risk breach). In the relevant 24-hour period, he worked 13 hours and 30 minutes.

This matter was originally dealt with by way of a fine. The defendant made an annulment application and entered a plea of guilty. The defendant was then unable to attend and requested the matter be dealt with in their absence. The Magistrate dealt with the matter in the accused absence.

The prosecutor applied for a Supervisory Intervention Order (SIO) and the Magistrate agreed that the matter was appropriate for an SIO. He noted that the education provided and that an electronic work diary (EWD) would improve the compliance of the defendant in relation to their professional obligations.

The defendant was found guilty with no conviction recorded, and placed under a conditional release order for 9 months.

SIO made requiring training and purchase and use of an EWD.

Section/Act

C1 – s 250(1)(a) – critical

Other orders

Supervisory Intervention Order (SIO)

21 November 2022

Katoomba Local Court

Defendant type: Corporate - AS 4285

A heavy vehicle was intercepted on Great Western Highway at Mount Boyce in NSW by NHVR Authorised Officers. The vehicle’s mass on the 3rd axle exceeded the mass limit by 146%. The assessed mass was measured at 29.2t and the mass limit was 20t. The driver stated that he was instructed and permitted to drive.

Section/Act

s 96(1)(c) - severe

Fine

Penalty of $1,000

Other orders

Conviction recorded
Supervisory Intervention Order (SIO) to educate staff and install scales

21 November 2022

Katoomba Local Court

Defendant type: Operator - AS 5180

A heavy vehicle was intercepted on Great Western Highway at Mount Boyce in NSW by NHVR Authorised Officers. The vehicle was loaded with two large pieces of machinery.

The driver asserted they were travelling under the Multi-State Class 1 Load carrying Vehicle Mass Exemption Notice 2020 (No.1) whereby they could have carried 6.50 tonnes on the steer axle, 18.50 tonnes on the drive axle and 35.00 tonnes on the quad axle. However, as the vehicle was carrying two machines on the trailer, the vehicle was not eligible to run under the exemption and the general mass limits were applied.

The court found that it was satisfied of the test set out in s600 of the HVNL and made a Supervisory Intervention Order for 6 months.

Section/Act

s 96(1)(c) - severe

Fine

Penalty of $1,500

Supervisory Intervention Order (SIO)

Operates for a period of six (6) months.
Within one (1) month of this Order being made, the company is to engage an accredited training provider to provide training to all directors, senior management and persons responsible for the operations of transport activities, including drivers, within the company.
The training must include training in respect of:
- Compliance with mass requirements relevant to heavy vehicles;
- Compliance with dimension requirements relevant to heavy vehicles;
- Compliance with loading requirements relevant to heavy vehicles.
- Compliance with Multi-State Exemption Notices.
- Within six (6) months of this Order being made, the company must provide to the NHVR the names and training records of all persons who complete the training.

11 November 2022

Goulburn Local Court

Accused type: Individual - AS 4363

The accused was charged with one count of driver not complying with dimension requirements - severe risk.

The accused was driving a heavy vehicle combination consisting of a prime mover towing a flatbed trailer. The flatbed trailer had two light vehicles loaded, and a further light vehicle was loaded on a frame fitted to the prime mover.

The vehicle was measured at 21.46 meters, exceeding its permitted length of 19 metres.

The accused attempted to rely on the New South Wales Class 1 Load Carrying Exemption Notice 2019 (No. 1). However, as the accused was not carrying an indivisible load, and they were not an eligible vehicle under the load and it did not apply.

After some discussion, the accused plead guilty. The prosecution made an order under chapter 10 of the HVNL for a Commercial Benefits Penalty Order in the amount of $300.

Her Honour afforded the offender the 25% discount for their early plea of guilty. Her Honour noted the maximum penalty. Her Honour expressed that it was a serious matter and that there was a clear commercial benefit.

Her Honour ordered he pay a fine of $1,200, with costs and moiety awarded to the NHVR. Her Honour made the Commercial Benefits Penalty Order, noting her discretion to make an order of three times the amount. Her Honour made the order in the amount of $600.

Section/Act

C1 - s 102(1)(b)(iii) - severe

Fine

Penalty of $1,200
$102 filing fee

Other orders

Conviction recorded
Commercial Benefits Penalty Order - $600

11 November 2022

Goulburn Local Court

Defendant type: Individual - AS 4302

The accused was charged with one count of solo driver work more than standard maximum time - critical risk.

In the relevant 24-hour period, the accused had driven 14-hours, exceeding the permitted 12-hours by 2-hours. This resulted in a critical risk breach.

The accused entered a plea of guilty with explanation and submitted on his personal circumstances, including his financial circumstances.

The prosecution applied to make a Supervisory Intervention Order. The prosecution submitted that if the Court were minded to impose a fine as well as a Supervisory Intervention Order, it would not oppose the fine being reduced to reflect the costs associated with a Supervisory Intervention Order.

Her Honour made the Supervisory Intervention Order. The Supervisory Intervention Order requires the accused to undertake training on his work diary requirements, and to purchase and use an Electronic Work Diary.

Section/Act

C1 – s 250(1)(a) – critical

Fine

Penalty of $500
$102 filing fee

Other orders
• Conviction recorded

Supervisor Intervention Order (SIO)

For 12-months for training for fatigue management and compliance with mass requirements. The accused must also use an Electronic Work Diary.

27 October 2022

Parramatta Local Court

Accused type: Company accused – AS 4650

The accused was charged with 1 count of failing to comply with an enforceable undertaking (EU).

After the accused was charged with a severe over-mass offence that occurred on 12 August 2020, the accused entered into an EU with the NHVR on 7 May 2021. Subsequently, on 24 June 2021, the charge against the accused was withdrawn.

The EU required the accused to undertake 3 activities within 12 months of entering into the EU but, despite extensions being granted, the EU was not complied with.

The accused pleaded guilty to the charge and submitted that the company was nearly bankrupt, no longer had staff and was selling assets to pay off debts.

The Magistrate stated it was a significant offence undertakings need to be taken seriously when they are entered as an alternative to court proceedings.

Section/Act

C1 – s 590(B)(2)

Penalty

Conditional Release Order (also known as a good behaviour bond) for a period of 2 years.

Other orders

Order requiring the accused to comply with the EU within 12 months of the date of the order.

26 October 2022

Dubbo Local Court

Defendant type: Corporate defendant - AS 4388

The defendant operated a heavy vehicle loaded with a variety of items including heavy pallets and truck axles.

The defendant pleaded guilty to not complying with dimension requirements – severe risk; and not complying with loading requirements – severe risk.

The vehicle’s load shifted due to poor positioning and application of load restraint devices.

Section/Act

C1 - s 102(1)(b)(iii) HVNL- severe
C2 - s 111(1)(c) HVNL - severe

Fine

Penalty of $800

Other orders

Conviction recorded

Supervisory Intervention Order (SIO)

For a period of six (6) months from the date that the Order is made with the following terms:

Within one (1) month of this Order being made, the corporate defendant is to engage an accredited training provider to provide training to all directors, senior management and persons responsible for the operations of transport activities within the corporate defendant.
Prior to undertaking any training, the details of the training provider and proposed training content are to be supplied to the NHVR.
The training must not be undertaken unless the NHVR has confirmed that the relevant training provider proposed is sufficiently accredited and that the course proposed sufficiently addresses the requirements of this Order.
The training must include training in respect of:
- Compliance with mass requirements relevant to heavy vehicles;
- Compliance with dimension requirements relevant to heavy vehicles
- Compliance with loading requirements relevant to heavy vehicles.
Within six (6) months of this Order being made, the corporate defendant must provide to the NHVR the names and training records of all persons who complete the training to the NHVR.
Within six (6) months of this Order being made, the corporate defendant must provide to the NHVR the content of the training, including copies of any systems or written procedures implemented as a result of the training to the NHVR.

7 October 2022

Goulburn Local Court

Defendant type: Individual - AS 4456

The accused was charged with 1 count of obstructing an authorised officer etc exercising power under law.

On 27 June 2022, the accused was directed to enter the Heavy Vehicle Safety Station at Marulan. The Regulator’s authorised officers commenced exercising the power to inspect the heavy vehicle and to inspect the work diary.

Her Honour convicted the accused and agreed the officers were obstructed not only from exercising the power, but from providing education to the accused. She noted that there was a strong need for general deterrence due to the risk to safety.

Her Honour agreed there was an extensive history and that there was evidently a positive disregard by the accused of his professional obligations and of public safety. She agreed there was a concern that, without imposing a Supervisory Intervention Order (SIO), there was a risk for further offending.

Section/Act

C1 - s 584(1)(a)

Fine

Penalty of $1,600
$102 filing fee

Other orders

Conviction recorded

Supervisory Intervention Order (SIO)

Supervisory Intervention Order (SIO) for 12 months for training for fatigue requirements, and for an Electronic Work Diary.

7 October 2022

Goulburn Local Court

Defendant type: Individual – AS 4796

The accused was charged with 1 count of working more than standard hours (critical risk breach) and 1 count of resting less than minimum hours (critical risk breach).

In the 24-hour period between 13:30 on 13 June 2022 and 13:30 on 14 June 2022, the accused recorded that he worked a total of 19 hours and 15 minutes, and rested for a continuous period of 2 hours and 45 minutes. Her Honour agreed the offences were made out and proceeded to sentence. Before doing so, Her Honour commented “I don’t think I’ve ever seen that many hours of work in a 24-hour period before.”

The accused had no prior heavy vehicle record.

Section/Act

C1 – s250(1)(a) – critical
C2 – s250(1)(b) – critical

Fine

Penalty of $12,000
$102 filing fee

Other orders

Conviction recorded

30 September 2022

Gosford Local Court

Defendant type: Corporate defendant -AS 5495

Officers at Mount White HVSS intercepted and inspected a Tipper and Dog trailer combination. The defendant was charged with 3 counts of permitting a heavy vehicle to be driven while over mass severe risk breach. Charge 1 relates to Gross mass. Charges 2 and 3 relate to axle groups 2 and 4 of the same vehicle, respectively.

No prior history.

Evidence was tendered that the company is relatively small, and financially fragile. Evidence provided by defendant that company had counselled the driver and provided additional training.

Section/Act

C1 - C3 – s 96(1)(c) – severe

Fine

Penalty for C1 of $10,000.

Other orders

Conviction recorded
Convicted and no further penalty imposed on C2 and C3.

30 September 2022

Penrith District Court

Defendant type: Corporate defendant – AS 5326; 4265

The defendant was charged with 1 count of permitting a heavy vehicle to be driven while over mass – SEVERE risk breach. One prior conviction for a severe over mass offence. Three PINs issued for similar minor category over mass offence. One of the PINs was for an offence that post-dated this offence.

Section/Act

C1 – s 96(1)(c) - severe

Fine

Penalty of $10,000
$102 filing fee

Other orders

Conviction recorded

28 September 2022

Temora Local Court

Defendant type: Individual - AS 4563

The Accused was charged with solo driver rest for less than standard minimum rest time - critical risk.

Defendant’s fifth heavy vehicle offence in 8 years.
The matter was adjourned twice due to the defendant.

On this basis the matter proceeded by way of s.196.

Section/Act

C1 - s 250(1)(b) – critical

Fine

penalty of $400
$102 filing fee

Other orders

Conviction recorded

Supervisory Intervention Order (SIO)

For a period of six (6) months;

Within one (1) month of this Order being made, the accused is to engage an accredited training provider to provide training in relation to their work diary at their own expense.
- Prior to undertaking any training, the details of the training provider and proposed training content are to be provided to the Regulator.
- The training must not be undertaken unless the Regulator has confirmed that the relevant training provider proposed is sufficiently accredited and that the course proposed sufficiently addresses the requirements of this Order.
Upon completion of the training the accused is to send a copy of the completion certificate to the NHVR.
On the 1st Monday of each month the accused is to provide copies of their work diary to the NHVR.

9 September 2022

Goulburn Local Court

Defendant type: Individual defendant – AS 4263

The Accused was charged with the following offences:

False or misleading entry in work record - s 325(1) HVNL
False or misleading entry in work record - s 325(1) HVNL
Fail to record information as prescribed by national regulations - s 296(1) HVNL
Fail to record required information after starting work - s 297(2) HVNL

The Accused had a record of similar offences.

The Accused was represented by a legal practitioner in Court.

Upon the plea of guilty, the NHVR tendered written submissions and proposed order in an application by consent for a Supervisory Intervention Order. The application was granted.

The presiding Magistrate noted that the offences, coupled with the Accused antecedence were serious, and that the installation of an electronic work diary would foster safe practices by the Accused.

Section/Act

2x s 325(1) HVNL
1x s 296(1) HVNL
1x s 297(2) HVNL

Penalty

s 10A

Supervisory Intervention Order (SIO)

For 12 months in the following terms:

The Accused is to undertake the ‘TLIF0005 Apply a fatigue risk management system’ training.
The Accused is to obtain and commence using a NHVR approved Electronic Work Diary.

9 September 2022

Goulburn Local Court

Defendant type: Corporate defendant – AS 5085

The corporate Accused was charged with one count of ‘permit other to drive heavy vehicle not comply mass requirements - severe risk’ contrary to s 96(1)(c) of the HVNL.

The Accused had an extensive enforcement and prosecution history.

The Accused was represented by a legal practitioner in Court.

Upon the plea of guilty, the NHVR tendered written submissions and a proposed order in an application by consent for a Supervisory Intervention Order. The application was granted.

The presiding Magistrate noted that the offence was serious, and that the objective of the HVNL is to promote safe business practices.

Section/Act

1x s 96(1)(c) HVNL

Fine

$2,400
$102 filing fee

Supervisory Intervention Order (SIO)

For 6 months in the following terms:

All directors, senior management and persons responsible for the operations of transport activities, including drivers are to complete educational training.
Evidence of the installation of any equipment fitted to all heavy vehicles under the company name which monitors and manages compliance with the mass requirements of the HVNL.

1 September 2022

Penrith Local Court

Defendant type: Individual

The defendant was charged with a critical risk breach of working more than the allowed hours under BFM accreditation.

The defendant pleaded guilty to this charge in Penrith Local Court on 1 September 2022.

This was the third offence of the same kind for the defendant. The NHVR applied to the Court for a Supervisory Intervention Order on this basis.

The defendant was represented by a barrister who confirmed that the Supervisory Intervention Order was consented to but asked the Court to take it into consideration as a reason for not proceeding to a conviction.

The presiding Magistrate noted the defendant’s history and noted that the offending was not “trivial” and commented on the risk that a fatigued driver had on themselves, other road users, and the community.

Section/Act

1x – s 254(1)(a) HVNL - critical

Fine

Penalty of $2,000

Other orders

Conviction recorded
Costs of $102

Supervisory Intervention Order, (SIO)

12-month term
Education
Electronic Work Diary
Monthly provision of work diary records to NHVR Compliance team
Suspension of fine until the end of this Order

25 August 2022

Lithgow Local Court

Defendant type: Corporate defendant - AS 4510

The defendant was charged with 1 count of permitting a heavy vehicle to be driven while over mass – severe risk breach – the seventh offence of this nature in 2 years.

The heavy vehicle was intercepted on 27 May 2022 by TfNSW On Road Officers. It was weighed and was found to be over mass. The second axle weighed 19.9 tonnes with the allowable mass limit being 16.5. This was a SEVERE risk breach and was 120.6% of the permissible weight for the heavy vehicle.

The heavy vehicle was loaded with blocks of sandstone and was travelling from Mount Druitt to Hartley NSW through the Blue Mountains.

Section/Act

C1 - s 96(1)(c) – severe

Fine

Penalty of $2,500
$102 filing fee

Other orders

Conviction recorded
A Commercial Benefits Order (CBO) of $1,683

24 August 2022

Windsor Local Court

Defendant type: Corporate defendant - AS 4340

The defendant company was charged with permitting a person to drive a heavy vehicle that does not comply with the relevant mass requirements applying to the vehicle.

On 8 June 2022, the defendant’s vehicle was intercepted and found to be in breach of the relevant mass requirements on its rear axle group (severe risk breach - overload of 120.3%). The vehicle was also found to be in breach of its gross mass (substantial risk) and its fourth axle group (minor breach). Two vehicle defect notices were also issued.

The defendant had been convicted of 10 previous mass related offences between 2015 and 2021.

The defendant entered a plea of guilty.

The prosecutor noted that this offence was at the mid-range of objective seriousness, noted the defendant’s record and applied for a Supervisory Intervention Order.

Section/Act

C1 – s 96(1)(c) - severe

Fine

Penalty of $10,000

Other orders

Conviction recorded
Supervisory Intervention Order (SIO) made requiring the defendant to undergo mass training

23 August 2022

Downing Centre Local Court

Defendant type: Corporate defendant - AS 4588

The corporate defendant was charged with one count of failure to provide information required by authorised officer. The maximum penalty for this offence is $34,550.

The corporate defendant had no prior prosecution history.

The corporate defendant did not appear in Court on this occasion.

The NHVR applied to the Court to have the charges dealt with in its absence. The Application was granted, and the corporate defendant was convicted and sentenced.

The presiding Magistrate noted that the offence was serious, and that the objective of the HVNL is to promote productive and efficient business practices.

Section/Act

1x – s 570(3) HVNL

Fine:

Penalty of $15,000

Other orders:

Conviction recorded

11 August 2022

Penrith Local Court

Defendant: Self represented - AS 4623

The defendant was charged with 1 count of working more than the standard hours – CRITICAL risk breach – fourth offence in the last 6 years.

On 6 April 2022, a heavy vehicle prime mover failed to enter the weighbridge as directed. A Notice to Produce was sent to the registered operator of the vehicle to ascertain the personal details of the driver and obtain work diary records.

On 30 May 2022, the registered operator responded to the Notice to Produce.

An examination of the work diary records indicated that the driver worked 14.5 hours work in a 24 hour period, which is 2.5 hours more than the maximum standard hours. This is considered a critical breach in accordance to schedule 1 of the Heavy Vehicle (Fatigue Management) National Regulation (NSW) 2013.

Section/Act

C1 – s 250(1)(a) - critical

Fin

Penalty of $700

Other orders

Convictions recorded

Supervisory Intervention Order (SIO):

This Order operates for a period of six (6) months.

Within one (1) month of this Order being made, defendant is to engage an accredited training provider to complete an accredited fatigue risk management course (the "Training").
- Prior to undertaking any training, the details of the training provider and proposed training content are to be supplied to the NHVR;
- The training must not be undertaken unless the NHVR has confirmed that the relevant training provider proposed is sufficiently accredited and that the course proposed sufficiently addresses the requirements of this Order;
Within six (6) months of this Order being made, defendant is to provide documentary evidence of successful completion of the Training by sending an email containing this information to NHVR.

8 August 2022

Finley Local Court

Defendant type: Individual defendant - AS 4565

The defendant was charged with 1 count of solo driver rest less than standard minimum time – critical risk. The defendant had one prior relevant offence of making a false or misleading entry in a work record.

Section/Act

C1 – s250(1)(b) – critical risk

Penalty

Penalty of $1,000
$102 filing fee

Other orders

Conviction recorded
Supervisory Intervention Order (SIO) requiring training in work diary requirements.

8 August 2022

Penrith Local Court

Defendant: Corporate defendant – AS 4265

The defendant was charged with 1 count of permitting a heavy vehicle to be driven while over mass – SEVERE risk breach – second offence of this nature in 6 years.

Section/Act

C1 – s 96(1)(c) - severe

Fine

Penalty of $10,000
$102 filing fee

Other orders

Convictions recorded

25 June 2021

Downing Centre Local Court

Defendant type: Corporate defendant

Permit another person to drive a heavy vehicle not complying with mass requirement – severe risk breach. The vehicle's permitted mass on the first axle was 6 tonnes. On this occasion, the mass of the first axle was assessed at 7.25 tonnes; being a 20.8% overload.

NHVR submissions: The overload, combined with defective brakes and tyres, presented a real safety risk to community. The lack of driver training elevated the objective seriousness of the offending.

Defendant’s submissions: They are a small company. They are remorseful and had taken steps to correct the issues evidenced by the driver handbook (tendered). Issues arising from the COVID-19 pandemic meant training was not at the forefront of their consideration at the time. A forklift was used to make the corrections so weight was evenly distributed over the axles.

Section/Act

s 96(1)(c)

Fine

$6,000

Other orders

Convictions recorded

22 July 2020

Corowa Local Court

Defendant: Driver

The defendant was charged with two counts of making false or misleading entries in work record.

Section/Act

2x s325(1) HVNL

Fine

$5,000 (per count)
Total: $10,000

Other orders

Convictions recorded

20 July 2020

Downing Centre Local Court

Defendant: Company

The defendant was charged with a Severe category over mass offence. The vehicle was overloaded by 25% on the tri-axle and the defendant had two prior convictions for similar matter in 2018 and 2019.

It was noted that while the maximum penalty had the defendant been an individual was $14,000.00 as it was a Corporation, the Court was entitled to impose a max fine of around $70,000.00, pursuant to s596 of the HVNL.

Section/Act

s96 HVNL - severe

Fine

$10,000

Other orders

Conviction recorded

15 July 2020

Forster Local Court

Defendant: Company

A Kenworth B-Double combination was directed to stop at the Jones Island Heavy Vehicle Checking Station on 19th February 2020. Tests were carried out and it was found that the speed limiter was set to 125.5 km/h – more than 25 per cent above the allowed threshold.

The matter was heard in Forster Local Court on 15 July. The prosecution submitted that the offence was at the higher end of seriousness, as the company’s truck was able to travel at more than 25 per cent above the maximum speed limit, creating a real risk to public safety.

Section/Act

s93 HVNL

Fine

$10,000

Other orders

Convictions recorded

Queensland

Court details	Offence	Penalty
18 January 2022 Toowoomba Magistrates Court Matter of e, AJ	On 22 July 2021, Transport inspectors intercepted a Hino rigid truck on the Cunningham Highway east of Goondiwindi. The defendant presented his work diary for inspection, and was operating under standard hours. Facts in relation to Charge 1 The defendant's records revealed that in the preceding 24-hour period, the defendant had worked a total of 16 ½ hours. This constituted a critical risk breach. Facts in relation to Charge 2 The defendant's records also showed that in the preceding 24-hour period, the defendant had only completed a period of three continuous hours rest. This also constituted a critical risk breach. When questioned regarding the content of his work diary, the defendant stated that he does not drive heavy vehicles often, and was unsure of the total amount of time that he was allowed to work or rest during a 24-hour period.	Section/Act HVNL(Q) C1 - s 250 (1)(a) C2 - s 250 (1)(b) Fine $1,750
15 September 2021 Maryborough Matter of W R L	On 4 April 2021, Transport Inspectors intercepted the defendant driving a heavy vehicle combination travelling northbound on the Bruce Highway, at the Maryborough weigh site. Upon request, the defendant presented his work diary. The defendant was operating under Basic Fatigue Management hours as a solo driver. An inspection of the work diary revealed four instances where the defendant had exceeded permissible work hours: Facts in relation to Charge 1 The defendant had worked a total of 16 hrs in the 24hr period commencing at Townsville at 6pm on 8 February 2021 and ending at Yatala at 6pm on 9 February 2021, constituting a critical risk breach. Facts in relation to Charge 2 The defendant had worked a total of 16 hrs in the 24hr period commencing at Mackay at 10pm on 6 March 2021 and ending at Gin Gin at 10pm on 7 March 2021, constituting a critical risk breach. Facts in relation to Charge 3 The defendant had worked a total of 15 ¾ hrs in the 24hr period commencing at Yatala at 8:30pm on 17 March 2021 and ending between Bowen and Mount Saint John at 8:30pm on 18 March 2021, constituting a critical risk breach. Facts in relation to Charge 4 The driver had worked a total of 16 hrs in the 24hr period commencing at Yatala at 3pm on 27 March 2021 and ending	Section/Act 4x - s254 (1)(a) HVNL - critical Fine $4,750 plus $99.70 in court costs
14 July 2021 Townsville Magistrates Court Matter of Cr	On 24 September 2020, Transport Inspectors intercepted a heavy combination carrying a 46-tonne excavator on the Flinders Highway, which was directed to the Woodstock mobile weigh site. When questioned about mass permits, the defendant produced a copy of the NHVR Notice – Multi-State Class 1 Load Carrying Vehicle Mass Exemption Notice 2019. This 2019 Mass Exemption Notice had been rescinded by the equivalent 2020 Mass Exemption Notice in May 2020, however, would not apply in any event as the exemption notice only applied to the combination if the quad-axle group did not exceed 35 tonnes. The assessed mass of 36.8 tonnes was 184% of the mass requirement. Therefore, the State Class 1 Load Carrying Vehicle Mass Exemption Notice 2020 to ceased operation, and the regulation mass limit applied, equating to a severe breach.	Section/Act s 96(1) 1 - severe Fine $2,750 plus $99.70 in court costs
7 August 2020 Wynnum Magistrates Court Defendant: Company	The defendant company was investigated as a result of a tip off through the Heavy Vehicle Confidential Reporting Line. The investigation revealed that the two main drivers for the company had committed a number of fatigue management offences driving between Wagga Wagga and Brisbane. The company breached its duty in the chain of responsibility as it failed to schedule trips in a way that enabled the drivers to comply with the HVNL. The company was fined and has since changed their practices, which allows its drivers to rest adequately during travel periods.	Section/Act 2x - s 26H Fine $60,000 plus court costs One fine for both offences
7 August 2020 Wynnum Magistrates Court Defendant: Driver	In November 2018 the defendant was employed to drive a B-double from Brisbane to Wagga Wagga to collect canola oil and return to the Port of Brisbane with the consignment. The defendant held Basic Fatigue Management accreditation and was authorised to drive for 14 hours a day, yet still had to have 7 continuous hours of rest. The driver falsified his work diary (s702(1)) to attempt to cover the fact that he was completing up to 20 hours of work in a single 24-hour period. In one instance he had as little as 1 ¾ hours of continuous rest. The company the driver was employed by was also successfully prosecuted under the HVNL Primary Duty legislation.	Section/Act 5x - s 254(1)(a) 4x - s 254(1)(b) 1x - s 702 Fine $14,000 plus court costs One fine for all offences
7 August 2020 Wynnum Magistrates Court Defendant: Driver	The defendant did not hold any accreditation which meant that he could drive for 12 hours a day, and was required to have at least 7 continuous hours of rest. The driver falsified his work diary to attempt to cover the fact that he could not, even theoretically, travel from Brisbane to Wagga Wagga in one day, even though the Company expected him to do so.	Section/Act 2x - s 250(1)(a) 2x - s 250(1)(b) 1x - s 702 Fine $6,000 plus court costs One fine for all offences
2 April 2020 Proserpine Magistrates Court Defendant: Driver	The defendant was intercepted on the Bruce Highway. There were discrepancies between his work diary and ANPR camera data. An investigation commenced and using GPS data and ANPR data it was determined that the driver had undertaken extensive falsification of his work diary.	Section/Act 12x - s 250(1)(a) 9x - s 250(1)(b) 1x s 702 Fine $12,000 plus court costs One fine for all offences Other orders Convictions recorded
13 May 2019 Southport Magistrates Court Defendant: Director	The steer axle of a heavy vehicle was loaded at 120% of the applicable mass limit and the drive axle was loaded at 118% of the limit. The director of the company was not aware of the mass limits that applied to the vehicle. The loading machinery used by the company had no weighing equipment attached. There was no formal training or induction process for new drivers. The company was charged and convicted under (repealed) extended liability provisions.	Section/Act C1 - C2 - s 96(1) HVNL C3 -C4 - s 183 HVNL (Pre 01/10/2018 offences) Fine $3,000 global penalty, plus court costs
26 April 2019 Townsville Magistrates Court Defendant: Driver	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.	Section/Act C1 - s 111(1) HVNL C2 - s 89(1) HVNL C3 - s 96(1) HVNL C4 - s 129(3) HVNL C5 - C9 s 250(1)(a) HVNL C10 - C12 s 250(1)(b) HVNL C13 - s 297(2) HVNL C14 - s 293(1)(b) HVNL Fine C1 - $5,000 C2 - $3,500 C3 - $3,500 C4 - $648 C5-C14 - $7,000 Total amount of $19,648 plus court costs
15 April 2019 Cleveland Magistrates Court Defendant: Driver	When inspected, the driver’s work diary showed that the driver had worked for 17½ hrs in a 24 hr period which is 5½ hrs more than the maximum (a critical risk breach). In the same period, the driver had only had 4¼hrs of continuous stationary rest, not the required period of 7 hrs (a critical risk breach).	Section/Act C1 - s 250(1)(a) HVNL C2 - s 250(1)(b) HVNL Fine $5,000 (global penalty) (plus court costs)
13 December 2018 Toowoomba Magistrates Court Defendant: Company	A heavy vehicle combination transporting a scraper was the subject of a permit however the mass limit of the permit was breached and the vehicle was assessed at general mass limits. The mass on the quad axle group (dual tyres) of the trailer was 205% of the maximum mass limit (a severe risk breach). The mass on the tandem axle group of the trailer (dual tyres) was 114% of the maximum permitted mass (a substantial risk breach).	Section/Act C1 - s 96(1) HVNL C2 - s 183 HVNL (Pre 01/10/2018 offence) October 18) Fine $10,000 global penalty, plus court costs

Court details

Offence

Penalty

18 January 2022

Toowoomba Magistrates Court

Matter of e, AJ

On 22 July 2021, Transport inspectors intercepted a Hino rigid truck on the Cunningham Highway east of Goondiwindi.

The defendant presented his work diary for inspection, and was operating under standard hours.

Facts in relation to Charge 1

The defendant's records revealed that in the preceding 24-hour period, the defendant had worked a total of 16 ½ hours. This constituted a critical risk breach.

Facts in relation to Charge 2

The defendant's records also showed that in the preceding 24-hour period, the defendant had only completed a period of three continuous hours rest. This also constituted a critical risk breach.

When questioned regarding the content of his work diary, the defendant stated that he does not drive heavy vehicles often, and was unsure of the total amount of time that he was allowed to work or rest during a 24-hour period.

Section/Act

HVNL(Q)
C1 - s 250 (1)(a)
C2 - s 250 (1)(b)

Fine

$1,750

15 September 2021

Maryborough

Matter of W R L

On 4 April 2021, Transport Inspectors intercepted the defendant driving a heavy vehicle combination travelling northbound on the Bruce Highway, at the Maryborough weigh site.

Upon request, the defendant presented his work diary. The defendant was operating under Basic Fatigue Management hours as a solo driver. An inspection of the work diary revealed four instances where the defendant had exceeded permissible work hours:

Facts in relation to Charge 1

The defendant had worked a total of 16 hrs in the 24hr period commencing at Townsville at 6pm on 8 February 2021 and ending at Yatala at 6pm on 9 February 2021, constituting a critical risk breach.

Facts in relation to Charge 2

The defendant had worked a total of 16 hrs in the 24hr period commencing at Mackay at 10pm on 6 March 2021 and ending at Gin Gin at 10pm on 7 March 2021, constituting a critical risk breach.

Facts in relation to Charge 3

The defendant had worked a total of 15 ¾ hrs in the 24hr period commencing at Yatala at 8:30pm on 17 March 2021 and ending between Bowen and Mount Saint John at 8:30pm on 18 March 2021, constituting a critical risk breach.

Facts in relation to Charge 4

The driver had worked a total of 16 hrs in the 24hr period commencing at Yatala at 3pm on 27 March 2021 and ending

Section/Act

4x - s254 (1)(a) HVNL - critical

Fine

$4,750
plus $99.70 in court costs

14 July 2021

Townsville Magistrates Court

Matter of Cr

On 24 September 2020, Transport Inspectors intercepted a heavy combination carrying a 46-tonne excavator on the Flinders Highway, which was directed to the Woodstock mobile weigh site.

When questioned about mass permits, the defendant produced a copy of the NHVR Notice – Multi-State Class 1 Load Carrying Vehicle Mass Exemption Notice 2019.

This 2019 Mass Exemption Notice had been rescinded by the equivalent 2020 Mass Exemption Notice in May 2020, however, would not apply in any event as the exemption notice only applied to the combination if the quad-axle group did not exceed 35 tonnes.

The assessed mass of 36.8 tonnes was 184% of the mass requirement. Therefore, the State Class 1 Load Carrying Vehicle Mass Exemption Notice 2020 to ceased operation, and the regulation mass limit applied, equating to a severe breach.

Section/Act

s 96(1) 1 - severe

Fine

$2,750
plus $99.70 in court costs

7 August 2020

Wynnum Magistrates Court

Defendant: Company

The defendant company was investigated as a result of a tip off through the Heavy Vehicle Confidential Reporting Line. The investigation revealed that the two main drivers for the company had committed a number of fatigue management offences driving between Wagga Wagga and Brisbane. The company breached its duty in the chain of responsibility as it failed to schedule trips in a way that enabled the drivers to comply with the HVNL. The company was fined and has since changed their practices, which allows its drivers to rest adequately during travel periods.

Section/Act

2x - s 26H

Fine

$60,000 plus court costs
One fine for both offences

7 August 2020

Wynnum Magistrates Court

Defendant: Driver

In November 2018 the defendant was employed to drive a B-double from Brisbane to Wagga Wagga to collect canola oil and return to the Port of Brisbane with the consignment. The defendant held Basic Fatigue Management accreditation and was authorised to drive for 14 hours a day, yet still had to have 7 continuous hours of rest. The driver falsified his work diary (s702(1)) to attempt to cover the fact that he was completing up to 20 hours of work in a single 24-hour period. In one instance he had as little as 1 ¾ hours of continuous rest. The company the driver was employed by was also successfully prosecuted under the HVNL Primary Duty legislation.

Section/Act

5x - s 254(1)(a)
4x - s 254(1)(b)
1x - s 702

Fine

$14,000 plus court costs
One fine for all offences

7 August 2020

Wynnum Magistrates Court

Defendant: Driver

The defendant did not hold any accreditation which meant that he could drive for 12 hours a day, and was required to have at least 7 continuous hours of rest.

The driver falsified his work diary to attempt to cover the fact that he could not, even theoretically, travel from Brisbane to Wagga Wagga in one day, even though the Company expected him to do so.

Section/Act

2x - s 250(1)(a)
2x - s 250(1)(b)
1x - s 702

Fine

$6,000 plus court costs
One fine for all offences

2 April 2020

Proserpine Magistrates Court

Defendant: Driver

The defendant was intercepted on the Bruce Highway. There were discrepancies between his work diary and ANPR camera data. An investigation commenced and using GPS data and ANPR data it was determined that the driver had undertaken extensive falsification of his work diary.

Section/Act

12x - s 250(1)(a)
9x - s 250(1)(b)
1x s 702

Fine

$12,000 plus court costs
One fine for all offences

Other orders

Convictions recorded

13 May 2019

Southport Magistrates Court

Defendant: Director

The steer axle of a heavy vehicle was loaded at 120% of the applicable mass limit and the drive axle was loaded at 118% of the limit. The director of the company was not aware of the mass limits that applied to the vehicle. The loading machinery used by the company had no weighing equipment attached. There was no formal training or induction process for new drivers. The company was charged and convicted under (repealed) extended liability provisions.

Section/Act

C1 - C2 - s 96(1) HVNL
C3 -C4 - s 183 HVNL

(Pre 01/10/2018 offences)

Fine

$3,000 global penalty, plus court costs

26 April 2019

Townsville Magistrates Court

Defendant: Driver

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.

Section/Act

C1 - s 111(1) HVNL
C2 - s 89(1) HVNL
C3 - s 96(1) HVNL
C4 - s 129(3) HVNL
C5 - C9 s 250(1)(a) HVNL
C10 - C12 s 250(1)(b) HVNL
C13 - s 297(2) HVNL
C14 - s 293(1)(b) HVNL

Fine

C1 - $5,000
C2 - $3,500
C3 - $3,500
C4 - $648
C5-C14 - $7,000
Total amount of $19,648 plus court costs

15 April 2019

Cleveland Magistrates Court

Defendant: Driver

When inspected, the driver’s work diary showed that the driver had worked for 17½ hrs in a 24 hr period which is 5½ hrs more than the maximum (a critical risk breach). In the same period, the driver had only had 4¼hrs of continuous stationary rest, not the required period of 7 hrs (a critical risk breach).

Section/Act

C1 - s 250(1)(a) HVNL
C2 - s 250(1)(b) HVNL

Fine

$5,000 (global penalty) (plus court costs)

13 December 2018

Toowoomba Magistrates Court

Defendant: Company

A heavy vehicle combination transporting a scraper was the subject of a permit however the mass limit of the permit was breached and the vehicle was assessed at general mass limits. The mass on the quad axle group (dual tyres) of the trailer was 205% of the maximum mass limit (a severe risk breach). The mass on the tandem axle group of the trailer (dual tyres) was 114% of the maximum permitted mass (a substantial risk breach).

Section/Act

C1 - s 96(1) HVNL
C2 - s 183 HVNL

(Pre 01/10/2018 offence) October 18)

Fine

$10,000 global penalty, plus court costs

South Australia

Court details	Offence	Penalty
2 December 2024 Murray Bridge Magistrates Court Defendant type: Company - AS 23000	On 26 November 2023, an NHVR Safety and Compliance Officer conducted a compliance check on a heavy vehicle at the eastbound checking station on the Princes Highway, Monteith. The vehicle, comprising a rigid truck towing a trailer, was loaded and found to be 21.50 metres in length, exceeding the prescribed limit of 19.00 metres by 2.40 metres, constituting a severe risk breach under the Heavy Vehicle National Law (HVNL). The driver admitted the measurement and stated that they were directed by their employer to operate the vehicle. A representative from the company provided a South Australia Class 3 Mass and Dimension Exemption Notice; however, the officer deemed the vehicle ineligible due to non-compliance with the definition of "Dog Trailer" under the Heavy Vehicle National Regulation. The driver had not measured the vehicle before driving; corrective action was directed by the officer to adjust the load.	Section/Act 1 x Section 102(1)(b)(iii) of the Heavy Vehicle National Law – Permitting a driver to drive a heavy vehicle without ensuring it complies with dimension requirements (Severe Risk Breach). Outcome Convicted Fine $11,000 Educational points Identify the dimension requirements that apply to each heavy vehicle and communicate this to relevant staff, including loaders and drivers. Require loaded vehicles to be measured and compared to the applicable dimension requirements prior to departure.
15 August 2024 Elizabeth Magistrates Court Defendant type: Company - AS 6430	The company was found to have three offences of driving or permitting another person to drive, a heavy vehicle that did not comply with the dimension requirements applying to the vehicle. These breaches include on 22 June 2022 for width, 17 September 2022 for length, and 18 September 2022 for width.	Section/Act 3 x s 102(1)(b)(iii) HVNL - severe Outcome Convicted Fine $15,600 Educational points Even if a company is small, with limited employees, it is still to be treated as a corporate entity before the Court rather than an individual. The operations of the company can be taken into account when imposing penalty and considering the 5 x multiplier available under section 596 HVNL.
27 June 2024 Port Augusta Magistrates Court Defendant type: Individual - AS 12831	The defendant’s entries in their work diary did not correspond with camera sightings and fuel records.	Section/Act 6 x s 325(1) HVNL Outcome Convicted Fine $5,000 Educational points Ensure drivers are aware that refuelling is classed as work under the HVNL.
24 June 2024 Ceduna Magistrates Court Defendant type: Individual - AS 7762	On 4 February 2023, authorised officers of the NHVR intercepted a heavy vehicle, namely a prime mover, towing a lead trailer and second trailer, travelling on Eyre Highway in Penong in the State of South Australia. The authorised officers inspected the driver’s National Driver Work Diary and detected the offences.	Section/Act 2 x s 325(1) HVNL s 322(2) HVNL Outcome Convicted Fine $9,354 Educational points Ensure all drivers have completed relevant training in fatigue management and that regular refresher courses are completed. 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.
15 February 2024 Elizabeth Magistrates Court Defendant type: Individual - AS 3463	The defendant recorded on a work diary page that he was resting at a time when the vehicle he was driving was detected driving by Safe-T-Cam. The defendant contested the matter and it went to trial. The prosecution led the case that the Safe-T-Cam photograph established that the defendant was driving the vehicle when he recorded he was resting in his work diary. The defendant was unable to offer a defence and the magistrate found that the prosecution had proved the charge.	Section/Act Section 325(1) HVNL - make false or misleading entry in work diary Outcome Convicted Fine $2,800
27 November 2023 Elizabeth Magistrates Court Defendant type: Individual - AS 4228	The defendant was intercepted by South Australian police in 2021. Further investigations were undertaken by the NHVR which detected multiple critical fatigue offences over the course of a period of six months. Following negotiations between NHVR prosecutions, and the defendant’s solicitor, the defendant plead guilty to all five offences and voluntarily entered into a Supervisory Intervention Order (“SIO”) which requires them to report their work activity to the NHVR for a period of 6 months. Convictions were recorded on all five counts. The magistrate also imposed a significant financial penalty exceeding $10,000 but suspended part of that penalty upon the defendant entering into the SIO. If the defendant fails to comply with the terms of the SIO, they will be liable for the full penalty.	Section/Act s 250(1)(a), HVNL s 250(1)(b), HVNL Fine $11,129 Supervisory Intervention Order (SIO) For a period of 6 months with the following conditions: compliance with monitoring and reporting to the NHVR.
9 October 2023 Murray Bridge Magistrates Court Defendant type: Driver - AS 5781	The defendant was driving when Authorised Officers intercepted the heavy vehicle. Upon inspection, Authorised Officers detected multiple defects and issued Defect Notices to repair the heavy vehicle, and prohibiting the defendant to drive the heavy vehicle. The defendant failed to comply with a prohibition notice not to drive a defected heavy vehicle.	Section/Act s 569C, HVNL Outcome convicted Fine $6,065
9 October 2023 Port Adelaide Magistrates Court Defendant type: Individual - AS 5558	A heavy vehicle was intercepted by Authorised Officers for a compliance check. Authorised Officers asked to for the driver’s Work Diary, which the driver did not have. Authorised Officers searched the vehicle and located the driver’s Work Diary and also discovered supplementary records.	Section/Act 3 x s 325(1), HVNL 1 x s 701(1), HVNL Outcome convicted Fine $8,500 $1,048 Victims of Crime (VOC) levy
29 September 2023 Port Adelaide Magistrates Court Defendant type: Individual - AS 5001	Authorised Officers intercepted a heavy vehicle for a compliance check on the Princes Highway, Tailem Bend South Australia. The Accused produced his Work Diary to the Authorised Officers for inspection. Upon inspection, the Authorised Officers three fatigue related offences, and two false and misleading offences.	Section/Act 3 x s 250(1)(b), HVNL - critical 2 x s 325(1), HVNL Outcome convicted Fine $8,965 $262 Victims of Crime (VOC) levy
10 July 2023 Port Adelaide Magistrates Court Defendant type: Individual - AS 4780	The defendant breached the HVNL on eleven occasion by making false or misleading entries in a Work Diary. The defendant recorded that they were resting when they were working.	Section/Act 11 x s 325(1), HVNL Fine $5,000 $2,750 Victims of Crime (VOC) levy $250 prosecution costs Other orders Convictions recorded on all eleven counts Supervisory Intervention Order (SIO) For a period of 12 months with the following conditions: purchase and use of an Electronic Work Diary for 12 months; and compliance with monitoring and reporting of Electronic Work Diary to the NHVR.
23 June 2023 Elizabeth Magistrates Court Defendant type: Individual - AS 6502	The offender was operating under an Advanced Fatigue Management (AFM) accreditation which specifies in the certificate of accreditation stated that: in any 24-hour period, a driver must not work for more than 15 hours and 20 minutes; and must not rest for less than 8 hours and 30 minutes which includes 6 continuous hours of stationary rest. Upon inspection of the offender’s Work Diary, authorised officers identified a breach between 3 September 2022 and 4 September 2022, when the offender had failed to comply with the AFM rest requirements. In the 24-hour period, the offender only rested for 4 continuous hours and a total rest time of 8 hours.	Section/Act s 258(1)(b), HVNL - critical Fine $500 $250 Victims of Crime (VOC) levy $250 prosecution costs $303 court fees Supervisory Intervention Order (SIO) For a period of 12 months with the following conditions: must complete fatigue training; must use Electronic Work Diary; and must comply with monitoring obligations for use of an Electronic Work Diary.
23 June 2023 Elizabeth Magistrates Court Defendant type: Driver - AS 4016	The defendant was intercepted by South Australian Police officers in February 2022. The defendant was aggressive to the officers and the officers undertook a full review of the defendant’s Work Diary, which revealed three false or misleading entries.	Section/Act 3 x s 325(1), HVNL Fine $6,550 including Victims of Crime (VOC) levy
30 May 2023 Elizabeth Magistrates Court Defendant type: Driver - AS 3859	The defendant was intercepted by South Australia police in January 2022. Comparing the defendant’s Work Diary entries against Safe-T-Cam photographs, 10 separate offences were detected for false or misleading entries in the defendant’s Work Diary. The defendant was convicted on all counts.	Section/Act 10 x s 325(1), HVNL Fine $8,000 global penalty $250 Victims of Crime (VOC) levy $2,500 prosecution fees
26 May 2023 Elizabeth Magistrates Court Defendant type: Driver - AS 4621, 4775	The defendant was intercepted by South Australia police in June 2022, at which time they denied that they had their Work Diary with them. This constituted the basis of the accused’s offending for failing to comply with a direction to produce a Work Diary, and also making a false or misleading statement to an authorised official. Upon discovery of the accused's Work Diary in the vehicle, police officers identified Work Diary offences comprising the defendant’s failure to record work activity. In addition to this, an NHVR Safe-T-Cam detected further offending which resulted in two charges of making false or misleading entries in a work diary.	Section/Act 1 x s 568(3), HVNL 1 x s 701(1), HVNL 2 x s 296(1) HVNL 2 x s 325(1), HVNL Fine $5,000 global penalty $1,500 Victims of Crime (VOC) levy $250 prosecution fees
28 April 2023 Elizabeth Magistrates Court Defendant type: Individual - AS 3766	A drivers National Driver Work Diary was inspected following two routine intercepts and Safe-T-Cam incident detections. These inspections of the work diary revealed two counts of false and misleading entries, and nine counts of working over the maximum hours and resting less than the minimum standard hours.	Section/Act 2 x s 325, HVNL 9 x s 250, HVNL Fine $7,000 $2,500 Victims of Crime (VOC) levy $250 costs $305 court fees Supervisory Intervention Order (SIO) For a period of 12 months with the following conditions: training in fatigue management; use an Electronic Work Diary; and provide monthly reports to the NHVR of all work diary entries.
17 April 2023 Port Adelaide Magistrates Court Defendant type: Individual - AS 4116	The accused was stopped and pulled over by authorised officers. The accused’s Work Diary was inspected. Upon inspection, it was detected that the accused had five false and misleading entries in their Work Diary.	Section/Act s 325(1), HVNL Fine $4,000 $1,250 Victims of Crime (VOC) levies $250 prosecution fee Supervisory Intervention Order (SIO) 12 months with the following conditions: purchase and obtain an Electronic Work Diary; and provide monthly updates to the NHVR.
12 April 2023 Murray Bridge Magistrates Court Defendant type: Individual - AS 3673	The defendant was driving a heavy vehicle which was intercepted by Authorised Officers whom inspected the vehicle, spoke to the accused and inspected the accused’s work diary. Officers detected three false and misleading offences. On one of the accused’s work diary pages, the accused claimed to have travelled between Moree and Bellata – a distance of 51 kilometres – in only 15 minutes. Their Honour stated the defendant had been driving trucks a long time and should know better – they know they have to complete a National Work Diary and they know there is a requirement for it to be accurate.	Section/Act s 325, HVNL Fine $1,500 Victims of Crime (VOC) levy, three counts Prosecution and court fees Supervisory Intervention Order (SIO) For a period of 12 months with the following conditions: purchase and use of an Electronic Work Diary; training of an Electronic Work Diary; and provide monthly reports to the Regulator.
30 March 2023 Port Augusta Magistrates Court Defendant type: Individual - AS 3741	17 October 2021, South Australia Police Heavy Vehicle Enforcement Unit officers Mercedes Prime Mover on the Eyre Highway at Kyancutta. The combination had a Gross Vehicle Mass of 12 tonnes, which meant it was a fatigue-related heavy vehicle for the purposes of the Heavy Vehicle National Law (HVNL). Count 1: Recorded working 16 hours in 24 hours – this is 2 hours over the allowed maximum. Count 2: Recorded working 16 hours in 24 hours – 2 hours over the allowed maximum. Count 3: Recorded working 16 hours in 24 hours – this is 2 hours over the allowed maximum. The accused acknowledged their mistake and accepted that they were being reported for the three offences.	Section/Act s 256(1)(a), HVNL Fine $3,500 $750 Victims of Crime (VOC) levy $250 prosecution Supervisory Intervention Order (SIO) For a period of 12 months with the following conditions: purchase and use of an Electronic Work Diary; monthly reporting; and fines wholly suspended if successful completion of SIO.
23 February 2023 Port Augusta Magistrates Court Defendant type: Driver - AS 4226	Upon being intercepted while driving, the defendant was requested to produce their Work Diary to officers. They refused to do so, stating that they had lost the diary. They then provided inaccurate supplementary Work Diary sheets to the officers. Upon searching the cabin, the officers located their Work Diary. The defendant was subsequently charged with making a false statement, providing false documents, and also failing to comply with a direction issued by officers. The defendant had a significant history of heavy vehicle related offending involving providing false or misleading information to officials, failing to record work activity, failure to comply with lawful directions and exceeding allowable work hours. An application was made to the court to impose a Supervisory Intervention Order (SIO) on the defendant based on their ongoing, persistent offending.	Section/Act s 701, HVNL s 702, HVNL s 568, HVNL Fine $750 Victims of Crime (VOC) levy $250 prosecution Other orders Convictions recorded Supervisory Intervention Order (SIO) Imposed requiring the defendant to obtain an Electronic Work Diary (EWD) and submit their work records on a monthly basis for a period of 6 months to the NHVR for monitoring and compliance.
20 February 2023 Ceduna Magistrates Court Defendant type: Driver - AS 3982, AS 4781	On 18 December 2021 and 3 July 2022, the defendant drove a fatigue-regulated heavy vehicle, and South Australian Police officers intercepted the vehicle for compliance checks. Police checked the defendant's Work Diary against the Safe-T-Camera sightings of the recorded vehicle. They detected eight instances of false or misleading entries.	Section/Act C1 - C8 – s 325 (1), HVNL Fine $150 fine on each charge totalling $1,200 8 x of Victim of Crime (VOC) levy Prosecution fee totalling $2,250 Other orders Convictions recorded Supervisory Intervention Order (SIO) For a period of 12 months the driver is to use an Electronic Work Diary to monitor and record their work and rest times when required to record their work and rest times as per the Heavy Vehicle National Law and Regulations.
14 February 2023 Port Adelaide Magistrates Court Defendant type: Driver - AS 4638	On 1 March 2022, the defendant drove a fatigue-regulated heavy vehicle and Safety Compliance Officers (SCOs) intercepted it for compliance checks. The defendant told the SCOs that they had to falsify their Work Diary to ensure they would return to their work base on time. An investigation of their Work Diary pages revealed five false or misleading entries, but they did not overwork except for one minor breach. The defendant submitted in mitigation that they were not trying to mislead, as they genuinely misunderstood the Work Diary requirements. They were remorseful and agreed to a fine and Supervisory Intervention Order (SIO).	Section/Act C1-C5 – s 325(1), HVNL Fine $1,050 5 x of Victim of Crime (VOC) levy totalling $1,250 Prosecution fees of $250 Other orders Convictions recorded Supervisory Intervention Order (SIO) The defendant must, at their own expense, engage an accredited training provider to undertake training with them in respect of the requirements of the HVNL concerning National Driver Work Diaries.
20 January 2023 Elizabeth Magistrates Court Defendant type: Corporate - AS 3582	A heavy vehicle in combination with a pig trailer was intercepted by NHVR Authorised Officers while travelling northbound on Port Wakefield Road, Globe Derby. The heavy vehicle combination exceeded the applicable mass dimension requirements. The heavy vehicle was loaded at 127% capacity and the pig trailer loaded at 117% capacity.	Section/Act C1 – s 96 - severe C2 – s 96 - severe Fine C1 - $7,000 C2 - $2,100 Prosecution fees of $250 2 x of Victims of Crime (VOC) levy totalling $500 imposed. Other orders Convictions recorded
12 December 2022 Port Augusta Magistrates Court Defendant type: Individual	A heavy vehicle was intercepted on 12 February 2022 in Stirling North for a compliance check by South Australian Police. Inspection of the driver’s work diary revealed that between 7 February 2022 and 12 February 2022 the driver had made false or misleading entries in his work diary on 4 separate days.	Section/Act: C1-C4 – s 325 Fine $100 on each count ($400 global). $250 prosecution costs 4 x Victims of Crime (VOC) levy totalling $1,000 imposed. Other orders Convictions recorded Supervisory Intervention Order (SIO) For period of 12 months driver must use an Electronic Work Diary. For a period of 12 months driver must provide work diary entries to the NHVR.
12 December 2022 Port Augusta Magistrates Court Defendant type: Individual	A heavy vehicle was intercepted in Ucolta for compliance checks. Inspection of the driver’s National Driver Work Diary disclosed 4 separate instances of false or misleading entries being recorded. The offending was detected by comparison to fuel records and the time required to travel between recorded locations.	Section/Act 4 x s 325 - false or misleading entries Fine C1 - $1,379 C2 - $1,379 C3 - $1,379 C4 - $1,379 Prosecution fees of $250 and Victims of Crime (VOC) levy totalling $1,000 imposed. Other orders Convictions recorded
12 December 2022 Port Augusta Magistrates Court Defendant type: Driver	The defendant was charged with two counts of exceeding their allowable work hours, one count of making false or misleading entries in their work diary and one count of driving whilst fatigued.	Section/Act C1 – s 250(1)(a) - critical C2 – s 250(1)(a) - critical C3 – s 325(1) C4 – s 228 Fine Global penalty of $6,554 Plus prosecution fees, and Victims of Crime (VOC) levy of $1,000 Other orders Convictions recorded
12 December 2022 Port Augusta Magistrates Court Defendant type: Individual	A heavy vehicle was intercepted in Ulcota for compliance checks. Inspection of the driver’s National Driver Work Diary disclosed 4 separate instances of false or misleading entries being recorded. The offending was detected by comparison to fuel records and the time required to travel between recorded locations.	Section/Act 4 x s 325 (false or misleading entries) Fine C1 - $1,379 C2 - $1,379 C3 - $1,379 C4 - $1,379 Pros fee of $250 and Victims of Crime (VOC) levy totalling $1,000 imposed Other orders Conviction recorded
28 October 2022 Elizabeth Magistrates Court Defendant type: Individual	Between 25 October 2021 and 13 December 2021, the accused made seven false or misleading entries in his National Driver Work Diary. Additionally, on 20 February 2022, the accused exceeded their standard work hours and worked for 14 hours in a 24-hour period. (CRITICAL risk breach).	Section/Act C1-7: False or misleading entries in a work record, contrary to s 325 of the HVNL C8: Exceed Standard work hours, contrary to s 250 of the HVNL Fine Aggregate penalty of $5,000 Plus, prosecution fees, victims levy and no court costs Other orders Convictions recorded SIO - pursuant to s 600 HVNL Supervisory Intervention Order (SIO) 12 months from date of order: To use an EWD to monitor and record work and rest times when required as per HVNL and regulations. EWD must be obtained from a company approved by NHVR to provide EWDs and installation or procurement must be done within 4 weeks. Evidence of installation must be provided to NHVR to email in orders. Ongoing compliance required. 12 months from the date of order required to provide copies of the diary to NHVR at end of each calendar month. If no driving work is undertaken must provide written notification to NHVR at the email address in orders.
23 August 2023 Port Augusta Magistrates Court Defendant type: Corporate - AS 3897, AS 2704	Count 1: A heavy vehicle was intercepted on Augusta Highway at Stirling North in South Australia by South Australian Police officers. The vehicle’s load exceeded the permitted mass on the tri-axle group The driver advised that his boss had instructed them to drive. Count 2: A heavy vehicle was intercepted on Augusta Highway at Winninowie in South Australia by NHVR Authorised officers. The vehicle’s load exceeded the permitted dimension (width). The driver advised that his boss had instructed them to drive.	Section/Act C1 – s96 (1)(c) - severe C2 – s102 (1)(b) (iii) - severe Fine Global penalty of $10,000 for both counts Victims of Crime (VOC) levy of $500 Prosecution costs $250. Other orders Convictions recorded.
8 August 2022 Ceduna Magistrates Court Defendant type: Individual	Between 10 August 2021 and 14 August 2021 the individual made five (5) false or misleading entries in his National Driver Work Diary. Additionally, between 13 August and 14 August 2021 the individual exceeded their AFM work hours and had worked for 18 hours in a 24 hour period (critical risk breach).	Section/Act C1-4 and 6: False or misleading entries in a work record, contrary to s 325 of the HVNL C5: Exceed AFM work hours, contrary to section 258 of the HVNL Fine C1-4 and 6: $4,000 C5: $2,020 Prosecution costs: $250 Victims of Crime (VOC) levy: $1,500
24 June 2022 Elizabeth Magistrates Court Defendant type: Operator - AS: 3551	The defendant plead guilty to 8 counts of making false or misleading entries in their work diary between 9 September and 8 October 2020 and 1 count of exceeding their allowable work hours on 2 October 2020.	Section/Act C1 - s 325(1) C2 - s 325(1) C3 - s 325(1) C4 - s 325(1) C5 - s 325(1) C6 - s 325(1) C7 - s 325(1) C8 - s 254(1)(b) C9 - s 325(1) Fine Global penalty of $3,000 with $500 to be paid immediately and the balance of $2,500 to be suspended for a period of 6 months (the duration of the SIO). If the defendant fails to comply with the terms of the SIO then they will be liable to pay the balance of the penalty of $2,500. Other orders Convictions recorded on all counts. Supervisory Intervention Order (SIO) For 6 months copies of work diary entries are to be sent to the NHVR at the end of each month. If no driving is undertaken within any month of the SIO, written notification is to be sent to the NHVR.
12 May 2022 Port Augusta Magistrates Court Defendant type: Corporate defendant	The defendant was charged with one count of contravening a mass or dimension exemption and one count of contravening a class 2 Heavy Vehicle authorisation. “On 25 May 2020 a heavy vehicle comprising a prime mover towing three trailers with over dimension loads travelled through Port Augusta. The company had permitted the driver to drive the vehicle at night, breaching the exemption that it could only be driven during daylight hours and also failed to ensure that all relevant regulatory inspection labels were clearly displayed."	Section/Act C1 - s 129(3) HVNL C2 - s 150(1) HVNL Fine $10,408 Other orders Convictions recorded
12 May 2022 Adelaide Magistrates Court Defendant type: Operator - Permit contravene notices	The defendant was charged with two counts of permitting a driver to contravene exemption notices.	Section/Act C1 - s 129(1) HVNL Contravene Class 3 Road Train Exemption Notice C2 - s 150(1) Contravene Class 2 Road Train Exemption Notice Fine C1 - $5,204 C2 - $5,204 Plus prosecutions fees, Victims of Crime (VOC) levy and no court costs Other orders Convictions recorded
25 March 2022 Elizabeth Magistrates Court Defendant type: Driver - Fatigue	Following a SAPOL investigation the accused was charged with 9 counts of making false or misleading entries in a work record. The majority breaches involved the accused being detected travelling through Safe-T-Camera during periods claimed as rest. Prosecutors emphasised the seriousness of the offending, and its impact on being able to accurately determine of the work and rest patterns of the accused.	Section/Act C1 – C9 – s 325 making a false or misleading entry Fine $12,303 Plus prosecutions fees and Victims of Crime (VOC) levy Other orders Convictions recorded on all counts
24 March 2022 Elizabeth Magistrates Court Defendant type: Operator primary duties	The defendant was charged with: 2 x Failing to comply with a duty which exposed a person to a risk of death or serious injury; and 1 x Failing to comply with a duty.	Section/Act C1 – s 26G HVNL C2 – s 26G HVNL C3 – s 26H HVNL Fine $217,500 reduced to zero dollars on account of company being insolvent Plus prosecution fees, Victims of Crime (VOC) levy Other orders Conviction recorded
18 February 2022 Adelaide Magistrates Court Defendant type: Driver - False or misleading statements	The defendant was charged with six counts of recording false or misleading entries in his work diary over a period of about two weeks.	Section/Act C1 to 6 – s 325(1) - critical Fine Global penalty of $8,274 Plus prosecution fees, Victims of Crime (VOC) levy and no court costs Other orders Convictions recorded
19 September 2021 Ceduna Magistrates Court Defendant type: Driver - Fatigue	The defendant was charged with 3 counts of critical risk breach of over hours.	Section/Act C1 – s 250(1)(b) - critical C2 – s 250(1)(b) - critical C3 – s 250(1)(b) - critical Fine $2,500 for each count, $7,500.00 total Plus prosecution fees, Victims of Crime (VOC) levy Other orders Convictions recorded
2 August 2021 Port Augusta Magistrates Court Defendant type: Driver	Defendant charged with one count of obstructing an authorised officer who was exercising a power under the HVNL. Matter proceeded in absence of defendant. Submissions made as the seriousness of the offending and importance of ensuring safety of Safety and Compliance Officers.	Section/Act s 584(1) Fine $3,000 Plus prosecution fees, and Victims of Crime (VOC) levy Other orders Conviction recorded
2 August 2021 Port Augusta Magistrates Court Defendant type: Driver	Following an intercept by South Australian Police, the driver’s Work Diary entries were compared with Safe-T-Camera sighting of his vehicle. They were subsequently charged with two counts of making false or misleading entries in a work record.	Section/Act C1 – s 325 HVNL C2 – s 325 HVNL Fine $2,000 per count Plus prosecution fees, and a Victims of Crime (VOC) levy per count Other orders Convictions recorded on each count
2 August 2021 Port Augusta Magistrates Court Defendant type: Driver	The Defendant was charged with two counts of failing to comply with the maximum work time for a solo drover operating under standard hours and one count of making a false or misleading entry in his work diary. This was one of two matters the Defendant had before the Court on this day.	Section/Act C1 - s 250(1)(a) HVNL - critical C2 - s 250(1)(a) HVNL - critical C3 - s 325 HVNL Fine C1 - $3,000 C2 - $3,000 C3 - $2,300 Total $8,300 plus prosecution fees, Victims of Crime (VOC) levy and court costs Other orders Convictions recorded on each count
2 August 2021 Port Augusta Magistrates Court Defendant type: Driver	The Defendant was charged as a solo driver operating under standard hours of three counts of working for more than the maximum work time. Two critical risk breaches and one minor risk breach. This Defendant plead guilty in writing to all offences.	Section/Act C1 - s 250(1)(a) HVNL - critical C2 - s 250(1)(a) HVNL - minor C3 - s 250(1)(a) HVNL - critical Fine C1 - $2,060 C2 - $550 C3 - $2,060 Total $4,670 plus prosecution fees, Victims of Crime (VOC) levy and court costs Other orders Convictions recorded on each count
14 July 2021 Berri Magistrates Court Defendant: Driver - Fatigue	The defendant was charged with 1 count of critical risk breach of over hours and one severe risk breach of over hours.	Section/Act C1 - s 250(1)(b - critical C2 - s 250(1)(a) - severe Fine $5,000 for each count, $10,000 total. Plus prosecution fees, Victims of Crime (VOC) levy and no court costs Other orders Convictions recorded
14 July 2021 Berri Magistrates Court Defendant: Operator	A vehicle was observed travelling in Yamba. It was diagnostically tested. It was revealed that the engine control module/emission control system was tampered with through reprogramming. This resulted in a non-compliant emission control system. Specifically, the design rules and standards were not being complied with for the heavy vehicle. As a result of the inspection, a further 3 heavy vehicles belonging to the Defendant were inspected. It was also revealed that the engine control module/emission control system had been tampered with for these heavy vehicles. All 4 heavy vehicles were issued with major defect notices. The Defendant paid approximately $32,594 to qualified mechanics to rectify the major defects. This was to ensure the vehicles had compliant emission control systems. The Defendant had no relevant prior convictions.	Section/Act C1 - s 91(1) HVNL C2 - s 91(1) HVNL C3 - s 91(1) HVNL C4 - s 91(1) HVNL Fine $3,000 global penalty Plus prosecution fees, Victims of Crime (VOC) levy and court costs Other orders Conviction recorded
25 June 2021 Mount Gambier Magistrates Court Defendant type: Employee - Managing Director	The defendant was charged with 1 count of having in his possession a device that is designed, or is adapted, to enable tampering with a speed limiter of a heavy vehicle; first time offender.	Section/Act C1 - s 20(1) of Part 2 Division 5 of the HVNL (South Australia) Act 2013 Fine $1,200 Plus prosecution fees Other orders Conviction not recorded Laptop computer (containing the speed tampering software) forfeited
25 June 2021 Elizabeth Magistrates Court Defendant: Driver	The defendant was charged with 1 count of critical risk breach of over hours, one severe risk breach of over hours and 1 count of false or misleading entries; first time offender.	Section/Act C1 – s 250(1)(a) - critical C2 – s 250(1)(c) - critical C1 – s 325(1) Fine Global penalty of $5,000 Plus prosecution fees, Victims of Crime (VOC) levy and no court costs Other Orders Convictions recorded
30 November 2020 Ceduna Magistrates Court Defendant: Employee driver	The defendant was charged with 1 count of critical risk breach of over hours; first time offender.	Section/Act C1 – s 250(1)(a) - critical Fine C1 - $2,500 Plus prosecution fees, Victims of Crime (VOC) levy and no court costs Other orders Convictions recorded
30 November 2020 Ceduna Magistrates Court Defendant: Employee driver	The defendant was charged with 1 count of false or misleading entries, 1 count of severe risk breach of over hours and 1 count of critical risk breach of insufficient rest; first time offender.	Section/Act C1 - s 325(1) C2 - s 250(1)(a) -severe C3 - s 250(1)(b) - critical Fine C1 - $2,000 C2 - $2,000 C3 - $2,500 Plus prosecution fees, Victims of Crime (VOC) levy and no court costs Other orders Convictions recorded
27 November 2020 Elizabeth Magistrates Court Party in COR: Driver	A driver was charged with seven counts of entering false or misleading information into his Work Diary over the period of about one month. He had regularly recorded that he was resting at a particular location in the Barossa Valley when he was undertaking work activity.	Section/Act s325 HVNL Fine A global penalty of $10,000 Other orders Convictions recorded for all seven offences.
25 September 2020 Elizabeth Magistrates Court Defendant: Employee driver	The defendant was charged with one count of not having a 24 hour continuous stationary rest in a 7 day period and one count of making false or misleading entry in work diary; one previous relevant offence of making false or misleading entry in work diary.	Section/Act C1 – s250(1)(b) - critical C2 – s325(1) Fine C1, C2 - $5,000 (global penalty) Plus prosecution fees, court costs and Victims of Crime (VOC) levy Other orders Convictions recorded
25 September 2020 Elizabeth Magistrates Court Defendant: Employee driver	The defendant was charged with four counts of working over hours in a 24 hour period; first time offender.	Section/Act C1 - s 250(1)(a) - substantial C2 - s 250(1)(a) - substantial C3 - s 250(1)(a) - severe C4 - s 250(1)(a) - substantial Fine C1 - C4 - $5,500 global penalty Plus prosecution fees, court costs and Victims of Crime (VOC) levy Other orders Convictions recorded
6 July 2020 Port Augusta Magistrates Court Defendant: Driver	The defendant was charged with multiple fatigue breaches. He plead guilty to all charges. Magistrate imposed a global penalty of $7,500 for 5 CRITICAL and 1 SUBSTANTIAL breach charges. It was noted the defendant would likely lose his licence as potentially over 20 demerit points would have automatically attached to the convictions. The defendant applied to have these demerit points reduced. The Magistrate agreed to this, noting that such a reduction can only occur in unusual circumstances and any decision to reduce demerit points must relate to the course of the offending itself, NOT to the personal circumstances of the defendant.	Section/Act C1 - s 250(1)(a) - critical C2 - s 250(1)(b) - critical C3 - C5 - s 250(1)(a) - critical C6 - s 250(1)(a) - substantial Fine $7,500 global penalty, plus court costs Other orders A conviction and 1 demerit point were recorded for each count
13 May 2020 Port Adelaide Magistrates Court Defendant: Driver	The defendant was charged with 5 counts of making false or misleading entries 325 HVNL and a count of provide false document 702 HVNL. The defendant had a number of prior convictions, three of which were similar to the conduct charged. The Prosecution submitted that an order of the court modifying his MC licence by precluding the driver driving a HV outside of 100km of his driver’s base will ensure he does not hold a duty of accurately filling out a work diary, thus avoiding further offending. Balancing that, he can still be gainfully employed working as a HV driver within the 100km for local freight.	Section/Act C1- C5 - s 325 HVNL C6 - s 702 HVNL Fine $4,800 global penalty, plus court costs Other orders Licence modified for 3 months to disqualify the driver from driving heavy vehicles beyond 100km of the driver’s base Conviction recorded
27 May 2019 Port Pirie Magistrates Court Defendant: Company	An SA based company was transporting a tractor excavator combination on the back of a low loader trailer in a manner that did not comply with the Load Restraint Guide. The load was observed shifting and moving forward on the deck of the low loader as the vehicle braked. The company was charged with a permit offence in accordance with s 111 HVNL and it was a severe risk breach in accordance with s 114. The company pleaded guilty at the first possible opportunity and was given a 40% discount for their early guilty plea. The company was fined $10,000.00 plus fees and levy.	Section/Act s 111 (HVNL) - severe Fine $10,000 plus court costs Other orders Conviction recorded
5 March 2019 Port Adelaide Magistrates Court Defendant: Driver	The Defendant was an employee driver with four previous convictions for critical breaches of work and rest hours. He committed Counts 1 to 3 in a two month period and committed Count 4 shortly afterwards.	Section/Act C1 - s 250(1))(a) HVNL - critical C2 - s 325(1) HVNL C3 - s 250(1)(b) HVNL - critical C4 - s 250(1)(a) HVNL - severe Fine C1 - $3,000 C2 - $1,800 C3 - $3,000 C4 - $1,800 Total $9,600 plus court costs Other orders Conviction recorded for all counts
5 March 2019 Port Adelaide Magistrates Court Defendant: Driver	The solo driver of a prime mover operating under BFM hours rested for less than the minimum 7 hours of continuous rest time in a 24 hr period.	Section/Act s 254(1)(b) HVNL x 2 Fine $2,400 per count Total $4,800 plus court costs Other orders Convictions recorded
5 March 2019 Port Adelaide Magistrates Court Defendant: Driver	The solo driver of a prime mover rested for less than the minimum 7 hours of continuous rest time in a 24 hr period and worked for more than the maximum period of 12 hours stated in the standard hours in a 24 hour period.	Section/Act C1 - s 250(1)(b) HVNL C2 - s 250(1)(a) HVNL C3 - s 250(1)(b) HVNL Fine $1,800 per count Total $5,400 Other orders Convictions recorded for all counts
5 March 2019 Adelaide Magistrates Court Defendant: Driver	In a 7 day period, a solo driver had not taken the required 24 hr continuous rest break, but had only taken 21 hrs and 45 minutes. In a 24 hr period, the driver had exceeded the permitted maximum of 12 hours, working for 13 hours and 45 minutes. The driver had previously been convicted of a loading offence but not of any fatigue offences.	Section/Act s 250(1)(a) HVNL x 2 Fine $8000 global penalty Other orders Convictions recorded
30 January 2019 Adelaide Magistrates Court Defendant: Driver	A NSW licensed driver made false entries in his work diary, stating that he had been resting at a time when in fact he had been driving, loading or refuelling a vehicle. The driver had one prior similar offence from 2017 when he was fined $900.	Section/Act s 325(1) HVNL x 3 Fine $3,000 per count Total $9,000 plus court costs Other orders Conviction recorded
30 January 2019 Adelaide Magistrates Court Defendant: Operator	The company arranged for a drop deck trailer to be attached to its prime mover and gave instructions about how to load the trailer. There were no weighing devices on the trailer and the load exceeded the legal limit – of 20 tonnes – by almost 6 tonnes. The company had no prior relevant convictions.	Section/Act s 96(1) HVNL Fine $6000 plus court costs Other orders Conviction recorded
3 December 2018 Ceduna Magistrates Court Defendant: Driver	A solo driver operating under standard hours breached work and rest hours requirements by driving for 13 hours in a 24 hour period (substantial risk) and for resting only for 4.50 hours in a 24 hour period. (critical risk) When being previously convicted of similar offences he had been warned that further offending would result in licence disqualification.	Section/Act s 250(1)(a) HVNL s 250(1)(b) HVNL Fine $1000 plus court costs Other orders Licence disqualified for 9 months
14 November 2018 Port Adelaide Magistrates Court Defendant: Company/owner	An Adelaide based trucking company was prosecuted for two offences against s 229 of the HVNL (pre 1 October 2018 offending). An investigation into the company was commenced after one of its drivers was involved in a collision. The trucks operated by the company were fitted with GPS and GPS data was readily available to the company. The company failed to access the GPS data or cross-check GPS records with drivers’ work diaries. Had the company accessed the GPS data it would have been alerted to indications that two drivers were committing extreme breaches of the fatigue regulations of the HVNL. Section 229 does not require proof that a driver was in fact driving fatigued – it is simply a failure to take reasonable steps to ensure that a person does not drive on the road while impaired by fatigue. Thus in failing to cross-check GPS with work diaries for these two drivers – which would have been a reasonable step – the company committed two offences against s 229 of the HVNL. As the defendant was a company, the operation of s 596 meant that the maximum penalty for each of the two offences was $55,000 dollars (5 times the $11,000 maximum penalty for an s 229 offence). The Magistrate reduced the proposed a fine of $36,000 by 40% in recognition of the pleas of guilty on the first occasion the matter was in Court. This resulted in a global fine of $21,600 plus victims of crime levies and prosecutors fees.	Section/Act s 229 HVNL x 2 (pre 1/10/18 offence) Fine $21,600 global penalty, plus court costs Other orders Conviction recorded
4 September 2018 Ceduna Magistrates Court Defendant: Driver	A solo heavy vehicle driver was charged with one count of driving while fatigued. He had been observed driving on the wrong side of the road at various times over about a 10 minute period. His licence was disqualified as he posed a significant public risk.	Section/Act s 228(1) HVNL Fine $2500 plus court costs Other orders Licence disqualified for 3 months

Court details

Offence

Penalty

2 December 2024

Murray Bridge Magistrates Court

Defendant type: Company - AS 23000

On 26 November 2023, an NHVR Safety and Compliance Officer conducted a compliance check on a heavy vehicle at the eastbound checking station on the Princes Highway, Monteith. The vehicle, comprising a rigid truck towing a trailer, was loaded and found to be 21.50 metres in length, exceeding the prescribed limit of 19.00 metres by 2.40 metres, constituting a severe risk breach under the Heavy Vehicle National Law (HVNL).

The driver admitted the measurement and stated that they were directed by their employer to operate the vehicle. A representative from the company provided a South Australia Class 3 Mass and Dimension Exemption Notice; however, the officer deemed the vehicle ineligible due to non-compliance with the definition of "Dog Trailer" under the Heavy Vehicle National Regulation.

The driver had not measured the vehicle before driving; corrective action was directed by the officer to adjust the load.

Section/Act

1 x Section 102(1)(b)(iii) of the Heavy Vehicle National Law – Permitting a driver to drive a heavy vehicle without ensuring it complies with dimension requirements (Severe Risk Breach).

Outcome

Convicted

Fine

$11,000

Educational points

Identify the dimension requirements that apply to each heavy vehicle and communicate this to relevant staff, including loaders and drivers.
Require loaded vehicles to be measured and compared to the applicable dimension requirements prior to departure.

15 August 2024

Elizabeth Magistrates Court

Defendant type: Company - AS 6430

The company was found to have three offences of driving or permitting another person to drive, a heavy vehicle that did not comply with the dimension requirements applying to the vehicle.

These breaches include on 22 June 2022 for width, 17 September 2022 for length, and 18 September 2022 for width.

Section/Act

3 x s 102(1)(b)(iii) HVNL - severe

Outcome

Convicted

Fine

$15,600

Educational points

Even if a company is small, with limited employees, it is still to be treated as a corporate entity before the Court rather than an individual. The operations of the company can be taken into account when imposing penalty and considering the 5 x multiplier available under section 596 HVNL.

27 June 2024

Port Augusta Magistrates Court

Defendant type: Individual - AS 12831

The defendant’s entries in their work diary did not correspond with camera sightings and fuel records.

Section/Act

6 x s 325(1) HVNL

Outcome

Convicted

Fine

$5,000

Educational points

Ensure drivers are aware that refuelling is classed as work under the HVNL.

24 June 2024

Ceduna Magistrates Court

Defendant type: Individual - AS 7762

On 4 February 2023, authorised officers of the NHVR intercepted a heavy vehicle, namely a prime mover, towing a lead trailer and second trailer, travelling on Eyre Highway in Penong in the State of South Australia.

The authorised officers inspected the driver’s National Driver Work Diary and detected the offences.

Section/Act

2 x s 325(1) HVNL
s 322(2) HVNL

Outcome

Convicted

Fine

$9,354

Educational points

Ensure all drivers have completed relevant training in fatigue management and that regular refresher courses are completed.
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.

15 February 2024

Elizabeth Magistrates Court

Defendant type: Individual - AS 3463

The defendant recorded on a work diary page that he was resting at a time when the vehicle he was driving was detected driving by Safe-T-Cam.

The defendant contested the matter and it went to trial.

The prosecution led the case that the Safe-T-Cam photograph established that the defendant was driving the vehicle when he recorded he was resting in his work diary.

The defendant was unable to offer a defence and the magistrate found that the prosecution had proved the charge.

Section/Act

Section 325(1) HVNL - make false or misleading entry in work diary

Outcome

Convicted

Fine

$2,800

27 November 2023

Elizabeth Magistrates Court

Defendant type: Individual - AS 4228

The defendant was intercepted by South Australian police in 2021. Further investigations were undertaken by the NHVR which detected multiple critical fatigue offences over the course of a period of six months.

Following negotiations between NHVR prosecutions, and the defendant’s solicitor, the defendant plead guilty to all five offences and voluntarily entered into a Supervisory Intervention Order (“SIO”) which requires them to report their work activity to the NHVR for a period of 6 months.

Convictions were recorded on all five counts.

The magistrate also imposed a significant financial penalty exceeding $10,000 but suspended part of that penalty upon the defendant entering into the SIO.

If the defendant fails to comply with the terms of the SIO, they will be liable for the full penalty.

Section/Act

s 250(1)(a), HVNL
s 250(1)(b), HVNL

Fine

$11,129

Supervisory Intervention Order (SIO)

For a period of 6 months with the following conditions:

compliance with monitoring and reporting to the NHVR.

9 October 2023

Murray Bridge Magistrates Court

Defendant type: Driver - AS 5781

The defendant was driving when Authorised Officers intercepted the heavy vehicle.

Upon inspection, Authorised Officers detected multiple defects and issued Defect Notices to repair the heavy vehicle, and prohibiting the defendant to drive the heavy vehicle.

The defendant failed to comply with a prohibition notice not to drive a defected heavy vehicle.

Section/Act

s 569C, HVNL

Outcome

convicted

Fine

$6,065

9 October 2023

Port Adelaide Magistrates Court

Defendant type: Individual - AS 5558

A heavy vehicle was intercepted by Authorised Officers for a compliance check.

Authorised Officers asked to for the driver’s Work Diary, which the driver did not have.

Authorised Officers searched the vehicle and located the driver’s Work Diary and also discovered supplementary records.

Section/Act

3 x s 325(1), HVNL
1 x s 701(1), HVNL

Outcome

convicted

Fine

$8,500
$1,048 Victims of Crime (VOC) levy

29 September 2023

Port Adelaide Magistrates Court

Defendant type: Individual - AS 5001

Authorised Officers intercepted a heavy vehicle for a compliance check on the Princes Highway, Tailem Bend South Australia.

The Accused produced his Work Diary to the Authorised Officers for inspection.

Upon inspection, the Authorised Officers three fatigue related offences, and two false and misleading offences.

Section/Act

3 x s 250(1)(b), HVNL - critical
2 x s 325(1), HVNL

Outcome

convicted

Fine

$8,965
$262 Victims of Crime (VOC) levy

10 July 2023

Port Adelaide Magistrates Court

Defendant type: Individual - AS 4780

The defendant breached the HVNL on eleven occasion by making false or misleading entries in a Work Diary.

The defendant recorded that they were resting when they were working.

Section/Act

11 x s 325(1), HVNL

Fine

$5,000
$2,750 Victims of Crime (VOC) levy
$250 prosecution costs

Other orders

Convictions recorded on all eleven counts

Supervisory Intervention Order (SIO)

For a period of 12 months with the following conditions:

purchase and use of an Electronic Work Diary for 12 months; and
compliance with monitoring and reporting of Electronic Work Diary to the NHVR.

23 June 2023

Elizabeth Magistrates Court

Defendant type: Individual - AS 6502

The offender was operating under an Advanced Fatigue Management (AFM) accreditation which specifies in the certificate of accreditation stated that:

in any 24-hour period, a driver must not work for more than 15 hours and 20 minutes; and
must not rest for less than 8 hours and 30 minutes which includes 6 continuous hours of stationary rest.

Upon inspection of the offender’s Work Diary, authorised officers identified a breach between 3 September 2022 and 4 September 2022, when the offender had failed to comply with the AFM rest requirements.

In the 24-hour period, the offender only rested for 4 continuous hours and a total rest time of 8 hours.

Section/Act

s 258(1)(b), HVNL - critical

Fine

$500
$250 Victims of Crime (VOC) levy
$250 prosecution costs
$303 court fees

Supervisory Intervention Order (SIO)

For a period of 12 months with the following conditions:

must complete fatigue training;
must use Electronic Work Diary; and
must comply with monitoring obligations for use of an Electronic Work Diary.

23 June 2023

Elizabeth Magistrates Court

Defendant type: Driver - AS 4016

The defendant was intercepted by South Australian Police officers in February 2022.

The defendant was aggressive to the officers and the officers undertook a full review of the defendant’s Work Diary, which revealed three false or misleading entries.

Section/Act

3 x s 325(1), HVNL

Fine

$6,550 including Victims of Crime (VOC) levy

30 May 2023

Elizabeth Magistrates Court

Defendant type: Driver - AS 3859

The defendant was intercepted by South Australia police in January 2022.

Comparing the defendant’s Work Diary entries against Safe-T-Cam photographs, 10 separate offences were detected for false or misleading entries in the defendant’s Work Diary.

The defendant was convicted on all counts.

Section/Act

10 x s 325(1), HVNL

Fine

$8,000 global penalty
$250 Victims of Crime (VOC) levy
$2,500 prosecution fees

26 May 2023

Elizabeth Magistrates Court

Defendant type: Driver - AS 4621, 4775

The defendant was intercepted by South Australia police in June 2022, at which time they denied that they had their Work Diary with them.

This constituted the basis of the accused’s offending for failing to comply with a direction to produce a Work Diary, and also making a false or misleading statement to an authorised official.

Upon discovery of the accused's Work Diary in the vehicle, police officers identified Work Diary offences comprising the defendant’s failure to record work activity.

In addition to this, an NHVR Safe-T-Cam detected further offending which resulted in two charges of making false or misleading entries in a work diary.

Section/Act

1 x s 568(3), HVNL
1 x s 701(1), HVNL
2 x s 296(1) HVNL
2 x s 325(1), HVNL

Fine

$5,000 global penalty
$1,500 Victims of Crime (VOC) levy
$250 prosecution fees

28 April 2023

Elizabeth Magistrates Court

Defendant type: Individual - AS 3766

A drivers National Driver Work Diary was inspected following two routine intercepts and Safe-T-Cam incident detections.

These inspections of the work diary revealed two counts of false and misleading entries, and nine counts of working over the maximum hours and resting less than the minimum standard hours.

Section/Act

2 x s 325, HVNL
9 x s 250, HVNL

Fine

$7,000
$2,500 Victims of Crime (VOC) levy
$250 costs
$305 court fees

Supervisory Intervention Order (SIO)

For a period of 12 months with the following conditions:

training in fatigue management;
use an Electronic Work Diary; and
provide monthly reports to the NHVR of all work diary entries.

17 April 2023

Port Adelaide Magistrates Court

Defendant type: Individual - AS 4116

The accused was stopped and pulled over by authorised officers.
The accused’s Work Diary was inspected. Upon inspection, it was detected that the accused had five false and misleading entries in their Work Diary.

Section/Act

s 325(1), HVNL

Fine

$4,000
$1,250 Victims of Crime (VOC) levies
$250 prosecution fee

Supervisory Intervention Order (SIO)

12 months with the following conditions:

purchase and obtain an Electronic Work Diary; and
provide monthly updates to the NHVR.

12 April 2023

Murray Bridge Magistrates Court

Defendant type: Individual - AS 3673

The defendant was driving a heavy vehicle which was intercepted by Authorised Officers whom inspected the vehicle, spoke to the accused and inspected the accused’s work diary.

Officers detected three false and misleading offences.

On one of the accused’s work diary pages, the accused claimed to have travelled between Moree and Bellata – a distance of 51 kilometres – in only 15 minutes.

Their Honour stated the defendant had been driving trucks a long time and should know better – they know they have to complete a National Work Diary and they know there is a requirement for it to be accurate.

Section/Act

s 325, HVNL

Fine

$1,500
Victims of Crime (VOC) levy, three counts
Prosecution and court fees

Supervisory Intervention Order (SIO)

For a period of 12 months with the following conditions:

purchase and use of an Electronic Work Diary;
training of an Electronic Work Diary; and
provide monthly reports to the Regulator.

30 March 2023

Port Augusta Magistrates Court

Defendant type: Individual - AS 3741

17 October 2021, South Australia Police Heavy Vehicle Enforcement Unit officers Mercedes Prime Mover on the Eyre Highway at Kyancutta.

The combination had a Gross Vehicle Mass of 12 tonnes, which meant it was a fatigue-related heavy vehicle for the purposes of the Heavy Vehicle National Law
(HVNL).

Count 1: Recorded working 16 hours in 24 hours – this is 2 hours over the allowed maximum.

Count 2: Recorded working 16 hours in 24 hours – 2 hours over the allowed maximum.

Count 3: Recorded working 16 hours in 24 hours – this is 2 hours over the allowed maximum.

The accused acknowledged their mistake and accepted that they were being reported for the three offences.

Section/Act

s 256(1)(a), HVNL

Fine

$3,500
$750 Victims of Crime (VOC) levy
$250 prosecution

Supervisory Intervention Order (SIO)

For a period of 12 months with the following conditions:

purchase and use of an Electronic Work Diary;
monthly reporting; and
fines wholly suspended if successful completion of SIO.

23 February 2023

Port Augusta Magistrates Court

Defendant type: Driver - AS 4226

Upon being intercepted while driving, the defendant was requested to produce their Work Diary to officers. They refused to do so, stating that they had lost the diary. They then provided inaccurate supplementary Work Diary sheets to the officers. Upon searching the cabin, the officers located their Work Diary.

The defendant was subsequently charged with making a false statement, providing false documents, and also failing to comply with a direction issued by officers.

The defendant had a significant history of heavy vehicle related offending involving providing false or misleading information to officials, failing to record work activity, failure to comply with lawful directions and exceeding allowable work hours.

An application was made to the court to impose a Supervisory Intervention Order (SIO) on the defendant based on their ongoing, persistent offending.

Section/Act

s 701, HVNL
s 702, HVNL
s 568, HVNL

Fine

$750 Victims of Crime (VOC) levy
$250 prosecution

Other orders

Convictions recorded

Supervisory Intervention Order (SIO)

Imposed requiring the defendant to obtain an Electronic Work Diary (EWD) and submit their work records on a monthly basis for a period of 6 months to the NHVR for monitoring and compliance.

20 February 2023

Ceduna Magistrates Court

Defendant type: Driver - AS 3982, AS 4781

On 18 December 2021 and 3 July 2022, the defendant drove a fatigue-regulated heavy vehicle, and South Australian Police officers intercepted the vehicle for compliance checks.

Police checked the defendant's Work Diary against the Safe-T-Camera sightings of the recorded vehicle. They detected eight instances of false or misleading entries.

Section/Act

C1 - C8 – s 325 (1), HVNL

Fine

$150 fine on each charge totalling $1,200
8 x of Victim of Crime (VOC) levy
Prosecution fee totalling $2,250

Other orders

Convictions recorded

Supervisory Intervention Order (SIO)

For a period of 12 months the driver is to use an Electronic Work Diary to monitor and record their work and rest times when required to record their work and rest times as per the Heavy Vehicle National Law and Regulations.

14 February 2023

Port Adelaide Magistrates Court

Defendant type: Driver - AS 4638

On 1 March 2022, the defendant drove a fatigue-regulated heavy vehicle and Safety Compliance Officers (SCOs) intercepted it for compliance checks.

The defendant told the SCOs that they had to falsify their Work Diary to ensure they would return to their work base on time.

An investigation of their Work Diary pages revealed five false or misleading entries, but they did not overwork except for one minor breach.

The defendant submitted in mitigation that they were not trying to mislead, as they genuinely misunderstood the Work Diary requirements. They were remorseful and agreed to a fine and Supervisory Intervention Order (SIO).

Section/Act

C1-C5 – s 325(1), HVNL

Fine

$1,050
5 x of Victim of Crime (VOC) levy totalling $1,250
Prosecution fees of $250

Other orders

Convictions recorded

Supervisory Intervention Order (SIO)

The defendant must, at their own expense, engage an accredited training provider to undertake training with them in respect of the requirements of the HVNL concerning National Driver Work Diaries.

20 January 2023

Elizabeth Magistrates Court

Defendant type: Corporate - AS 3582

A heavy vehicle in combination with a pig trailer was intercepted by NHVR Authorised Officers while travelling northbound on Port Wakefield Road, Globe Derby. The heavy vehicle combination exceeded the applicable mass dimension requirements. The heavy vehicle was loaded at 127% capacity and the pig trailer loaded at 117% capacity.

Section/Act

C1 – s 96 - severe
C2 – s 96 - severe

Fine

C1 - $7,000
C2 - $2,100
Prosecution fees of $250
2 x of Victims of Crime (VOC) levy totalling $500 imposed.

Other orders

Convictions recorded

12 December 2022

Port Augusta Magistrates Court

Defendant type: Individual

A heavy vehicle was intercepted on 12 February 2022 in Stirling North for a compliance check by South Australian Police. Inspection of the driver’s work diary revealed that between 7 February 2022 and 12 February 2022 the driver had made false or misleading entries in his work diary on 4 separate days.

Section/Act:

C1-C4 – s 325

Fine

$100 on each count ($400 global).
$250 prosecution costs
4 x Victims of Crime (VOC) levy totalling $1,000 imposed.

Other orders

Convictions recorded

Supervisory Intervention Order (SIO)

For period of 12 months driver must use an Electronic Work Diary.
For a period of 12 months driver must provide work diary entries to the NHVR.

12 December 2022

Port Augusta Magistrates Court

Defendant type: Individual

A heavy vehicle was intercepted in Ucolta for compliance checks. Inspection of the driver’s National Driver Work Diary disclosed 4 separate instances of false or misleading entries being recorded. The offending was detected by comparison to fuel records and the time required to travel between recorded locations.

Section/Act

4 x s 325 - false or misleading entries

Fine

C1 - $1,379
C2 - $1,379
C3 - $1,379
C4 - $1,379
Prosecution fees of $250 and Victims of Crime (VOC) levy totalling $1,000 imposed.

Other orders

Convictions recorded

12 December 2022

Port Augusta Magistrates Court

Defendant type: Driver

The defendant was charged with two counts of exceeding their allowable work hours, one count of making false or misleading entries in their work diary and one count of driving whilst fatigued.

Section/Act

C1 – s 250(1)(a) - critical
C2 – s 250(1)(a) - critical
C3 – s 325(1)
C4 – s 228

Fine

Global penalty of $6,554
Plus prosecution fees, and Victims of Crime (VOC) levy of $1,000

Other orders

Convictions recorded

12 December 2022

Port Augusta Magistrates Court

Defendant type: Individual

A heavy vehicle was intercepted in Ulcota for compliance checks. Inspection of the driver’s National Driver Work Diary disclosed 4 separate instances of false or misleading entries being recorded. The offending was detected by comparison to fuel records and the time required to travel between recorded locations.

Section/Act

4 x s 325 (false or misleading entries)

Fine

C1 - $1,379
C2 - $1,379
C3 - $1,379
C4 - $1,379
Pros fee of $250 and Victims of Crime (VOC) levy totalling $1,000 imposed

Other orders

Conviction recorded

28 October 2022

Elizabeth Magistrates Court

Defendant type: Individual

Between 25 October 2021 and 13 December 2021, the accused made seven false or misleading entries in his National Driver Work Diary.

Additionally, on 20 February 2022, the accused exceeded their standard work hours and worked for 14 hours in a 24-hour period. (CRITICAL risk breach).

Section/Act

C1-7: False or misleading entries in a work record, contrary to s 325 of the HVNL
C8: Exceed Standard work hours, contrary to s 250 of the HVNL

Fine

Aggregate penalty of $5,000
Plus, prosecution fees, victims levy and no court costs

Other orders

Convictions recorded
SIO - pursuant to s 600 HVNL

Supervisory Intervention Order (SIO)

12 months from date of order:

To use an EWD to monitor and record work and rest times when required as per HVNL and regulations.
EWD must be obtained from a company approved by NHVR to provide EWDs and installation or procurement must be done within 4 weeks.
Evidence of installation must be provided to NHVR to email in orders.
Ongoing compliance required.
12 months from the date of order required to provide copies of the diary to NHVR at end of each calendar month.
If no driving work is undertaken must provide written notification to NHVR at the email address in orders.

23 August 2023

Port Augusta Magistrates Court

Defendant type: Corporate - AS 3897, AS 2704

Count 1:
A heavy vehicle was intercepted on Augusta Highway at Stirling North in South Australia by South Australian Police officers. The vehicle’s load exceeded the permitted mass on the tri-axle group

The driver advised that his boss had instructed them to drive.

Count 2:
A heavy vehicle was intercepted on Augusta Highway at Winninowie in South Australia by NHVR Authorised officers. The vehicle’s load exceeded the permitted dimension (width).

The driver advised that his boss had instructed them to drive.

Section/Act

C1 – s96 (1)(c) - severe
C2 – s102 (1)(b) (iii) - severe

Fine

Global penalty of $10,000 for both counts
Victims of Crime (VOC) levy of $500
Prosecution costs $250.

Other orders

Convictions recorded.

8 August 2022

Ceduna Magistrates Court

Defendant type: Individual

Between 10 August 2021 and 14 August 2021 the individual made five (5) false or misleading entries in his National Driver Work Diary.

Additionally, between 13 August and 14 August 2021 the individual exceeded their AFM work hours and had worked for 18 hours in a 24 hour period (critical risk breach).

Section/Act

C1-4 and 6: False or misleading entries in a work record, contrary to s 325 of the HVNL
C5: Exceed AFM work hours, contrary to section 258 of the HVNL

Fine

C1-4 and 6: $4,000
C5: $2,020
Prosecution costs: $250
Victims of Crime (VOC) levy: $1,500

24 June 2022

Elizabeth Magistrates Court

Defendant type: Operator - AS: 3551

The defendant plead guilty to 8 counts of making false or misleading entries in their work diary between 9 September and 8 October 2020 and 1 count of exceeding their allowable work hours on 2 October 2020.

Section/Act

C1 - s 325(1)
C2 - s 325(1)
C3 - s 325(1)
C4 - s 325(1)
C5 - s 325(1)
C6 - s 325(1)
C7 - s 325(1)
C8 - s 254(1)(b)
C9 - s 325(1)

Fine

Global penalty of $3,000 with $500 to be paid immediately and the balance of $2,500 to be suspended for a period of 6 months (the duration of the SIO).
If the defendant fails to comply with the terms of the SIO then they will be liable to pay the balance of the penalty of $2,500.

Other orders

Convictions recorded on all counts.

Supervisory Intervention Order (SIO)

For 6 months copies of work diary entries are to be sent to the NHVR at the end of each month.
If no driving is undertaken within any month of the SIO, written notification is to be sent to the NHVR.

12 May 2022

Port Augusta Magistrates Court

Defendant type: Corporate defendant

The defendant was charged with one count of contravening a mass or dimension exemption and one count of contravening a class 2 Heavy Vehicle authorisation.

“On 25 May 2020 a heavy vehicle comprising a prime mover towing three trailers with over dimension loads travelled through Port Augusta. The company had permitted the driver to drive the vehicle at night, breaching the exemption that it could only be driven during daylight hours and also failed to ensure that all relevant regulatory inspection labels were clearly displayed."

Section/Act

C1 - s 129(3) HVNL
C2 - s 150(1) HVNL

Fine

$10,408

Other orders

Convictions recorded

12 May 2022

Adelaide Magistrates Court

Defendant type: Operator - Permit contravene notices

The defendant was charged with two counts of permitting a driver to contravene exemption notices.

Section/Act

C1 - s 129(1) HVNL Contravene Class 3 Road Train Exemption Notice
C2 - s 150(1) Contravene Class 2 Road Train Exemption Notice

Fine

C1 - $5,204
C2 - $5,204
Plus prosecutions fees, Victims of Crime (VOC) levy and no court costs

Other orders

Convictions recorded

25 March 2022

Elizabeth Magistrates Court

Defendant type: Driver - Fatigue

Following a SAPOL investigation the accused was charged with 9 counts of making false or misleading entries in a work record. The majority breaches involved the accused being detected travelling through Safe-T-Camera during periods claimed as rest. Prosecutors emphasised the seriousness of the offending, and its impact on being able to accurately determine of the work and rest patterns of the accused.

Section/Act

C1 – C9 – s 325 making a false or misleading entry

Fine

$12,303
Plus prosecutions fees and Victims of Crime (VOC) levy

Other orders

Convictions recorded on all counts

24 March 2022

Elizabeth Magistrates Court

Defendant type: Operator primary duties

The defendant was charged with: 2 x Failing to comply with a duty which exposed a person to a risk of death or serious injury; and 1 x Failing to comply with a duty.

Section/Act

C1 – s 26G HVNL
C2 – s 26G HVNL
C3 – s 26H HVNL

Fine

$217,500 reduced to zero dollars on account of company being insolvent
Plus prosecution fees, Victims of Crime (VOC) levy

Other orders

Conviction recorded

18 February 2022

Adelaide Magistrates Court

Defendant type: Driver - False or misleading statements

The defendant was charged with six counts of recording false or misleading entries in his work diary over a period of about two weeks.

Section/Act

C1 to 6 – s 325(1) - critical

Fine

Global penalty of $8,274
Plus prosecution fees, Victims of Crime (VOC) levy and no court costs

Other orders

Convictions recorded

19 September 2021

Ceduna Magistrates Court

Defendant type: Driver - Fatigue

The defendant was charged with 3 counts of critical risk breach of over hours.

Section/Act

C1 – s 250(1)(b) - critical
C2 – s 250(1)(b) - critical
C3 – s 250(1)(b) - critical

Fine

$2,500 for each count, $7,500.00 total
Plus prosecution fees, Victims of Crime (VOC) levy

Other orders

Convictions recorded

2 August 2021

Port Augusta Magistrates Court

Defendant type: Driver

Defendant charged with one count of obstructing an authorised officer who was exercising a power under the HVNL. Matter proceeded in absence of defendant. Submissions made as the seriousness of the offending and importance of ensuring safety of Safety and Compliance Officers.

Section/Act

s 584(1)

Fine

$3,000
Plus prosecution fees, and Victims of Crime (VOC) levy

Other orders

Conviction recorded

2 August 2021

Port Augusta Magistrates Court

Defendant type: Driver

Following an intercept by South Australian Police, the driver’s Work Diary entries were compared with Safe-T-Camera sighting of his vehicle. They were subsequently charged with two counts of making false or misleading entries in a work record.

Section/Act

C1 – s 325 HVNL
C2 – s 325 HVNL

Fine

$2,000 per count
Plus prosecution fees, and a Victims of Crime (VOC) levy per count

Other orders

Convictions recorded on each count

2 August 2021

Port Augusta Magistrates Court

Defendant type: Driver

The Defendant was charged with two counts of failing to comply with the maximum work time for a solo drover operating under standard hours and one count of making a false or misleading entry in his work diary.

This was one of two matters the Defendant had before the Court on this day.

Section/Act

C1 - s 250(1)(a) HVNL - critical
C2 - s 250(1)(a) HVNL - critical
C3 - s 325 HVNL

Fine

C1 - $3,000
C2 - $3,000
C3 - $2,300
Total $8,300 plus prosecution fees, Victims of Crime (VOC) levy and court costs

Other orders

Convictions recorded on each count

2 August 2021

Port Augusta Magistrates Court

Defendant type: Driver

The Defendant was charged as a solo driver operating under standard hours of three counts of working for more than the maximum work time. Two critical risk breaches and one minor risk breach.

This Defendant plead guilty in writing to all offences.

Section/Act

C1 - s 250(1)(a) HVNL - critical
C2 - s 250(1)(a) HVNL - minor
C3 - s 250(1)(a) HVNL - critical

Fine

C1 - $2,060
C2 - $550
C3 - $2,060
Total $4,670 plus prosecution fees, Victims of Crime (VOC) levy and court costs

Other orders

Convictions recorded on each count

14 July 2021

Berri Magistrates Court

Defendant: Driver - Fatigue

The defendant was charged with 1 count of critical risk breach of over hours and one severe risk breach of over hours.

Section/Act

C1 - s 250(1)(b - critical
C2 - s 250(1)(a) - severe

Fine

$5,000 for each count, $10,000 total.
Plus prosecution fees, Victims of Crime (VOC) levy and no court costs

Other orders

Convictions recorded

14 July 2021

Berri Magistrates Court

Defendant: Operator

A vehicle was observed travelling in Yamba. It was diagnostically tested. It was revealed that the engine control module/emission control system was tampered with through reprogramming. This resulted in a non-compliant emission control system. Specifically, the design rules and standards were not being complied with for the heavy vehicle.

As a result of the inspection, a further 3 heavy vehicles belonging to the Defendant were inspected. It was also revealed that the engine control module/emission control system had been tampered with for these heavy vehicles.

All 4 heavy vehicles were issued with major defect notices.

The Defendant paid approximately $32,594 to qualified mechanics to rectify the major defects. This was to ensure the vehicles had compliant emission control systems.

The Defendant had no relevant prior convictions.

Section/Act

C1 - s 91(1) HVNL
C2 - s 91(1) HVNL
C3 - s 91(1) HVNL
C4 - s 91(1) HVNL

Fine

$3,000 global penalty
Plus prosecution fees, Victims of Crime (VOC) levy and court costs

Other orders

Conviction recorded

25 June 2021

Mount Gambier Magistrates Court

Defendant type: Employee - Managing Director

The defendant was charged with 1 count of having in his possession a device that is designed, or is adapted, to enable tampering with a speed limiter of a heavy vehicle; first time offender.

Section/Act

C1 - s 20(1) of Part 2 Division 5 of the HVNL (South Australia) Act 2013

Fine

$1,200
Plus prosecution fees

Other orders

Conviction not recorded
Laptop computer (containing the speed tampering software) forfeited

25 June 2021

Elizabeth Magistrates Court

Defendant: Driver

The defendant was charged with 1 count of critical risk breach of over hours, one severe risk breach of over hours and 1 count of false or misleading entries; first time offender.

Section/Act

C1 – s 250(1)(a) - critical
C2 – s 250(1)(c) - critical
C1 – s 325(1)

Fine

Global penalty of $5,000
Plus prosecution fees, Victims of Crime (VOC) levy and no court costs

Other Orders

Convictions recorded

30 November 2020

Ceduna Magistrates Court

Defendant: Employee driver

The defendant was charged with 1 count of critical risk breach of over hours; first time offender.

Section/Act

C1 – s 250(1)(a) - critical

Fine

C1 - $2,500
Plus prosecution fees, Victims of Crime (VOC) levy and no court costs

Other orders

Convictions recorded

30 November 2020

Ceduna Magistrates Court

Defendant: Employee driver

The defendant was charged with 1 count of false or misleading entries, 1 count of severe risk breach of over hours and 1 count of critical risk breach of insufficient rest; first time offender.

Section/Act

C1 - s 325(1)
C2 - s 250(1)(a) -severe
C3 - s 250(1)(b) - critical

Fine

C1 - $2,000
C2 - $2,000
C3 - $2,500
Plus prosecution fees, Victims of Crime (VOC) levy and no court costs

Other orders

Convictions recorded

27 November 2020

Elizabeth Magistrates Court

Party in COR: Driver

A driver was charged with seven counts of entering false or misleading information into his Work Diary over the period of about one month.

He had regularly recorded that he was resting at a particular location in the Barossa Valley when he was undertaking work activity.

Section/Act

s325 HVNL

Fine

A global penalty of $10,000

Other orders

Convictions recorded for all seven offences.

25 September 2020

Elizabeth Magistrates Court

Defendant: Employee driver

The defendant was charged with one count of not having a 24 hour continuous stationary rest in a 7 day period and one count of making false or misleading entry in work diary; one previous relevant offence of making false or misleading entry in work diary.

Section/Act

C1 – s250(1)(b) - critical
C2 – s325(1)

Fine

C1, C2 - $5,000 (global penalty)
Plus prosecution fees, court costs and Victims of Crime (VOC) levy

Other orders

Convictions recorded

25 September 2020

Elizabeth Magistrates Court

Defendant: Employee driver

The defendant was charged with four counts of working over hours in a 24 hour period; first time offender.

Section/Act

C1 - s 250(1)(a) - substantial
C2 - s 250(1)(a) - substantial
C3 - s 250(1)(a) - severe
C4 - s 250(1)(a) - substantial

Fine

C1 - C4 - $5,500 global penalty
Plus prosecution fees, court costs and Victims of Crime (VOC) levy

Other orders

Convictions recorded

6 July 2020

Port Augusta Magistrates Court

Defendant: Driver

The defendant was charged with multiple fatigue breaches. He plead guilty to all charges.

Magistrate imposed a global penalty of $7,500 for 5 CRITICAL and 1 SUBSTANTIAL breach charges.

It was noted the defendant would likely lose his licence as potentially over 20 demerit points would have automatically attached to the convictions.

The defendant applied to have these demerit points reduced. The Magistrate agreed to this, noting that such a reduction can only occur in unusual circumstances and any decision to reduce demerit points must relate to the course of the offending itself, NOT to the personal circumstances of the defendant.

Section/Act

C1 - s 250(1)(a) - critical
C2 - s 250(1)(b) - critical
C3 - C5 - s 250(1)(a) - critical
C6 - s 250(1)(a) - substantial

Fine

$7,500 global penalty, plus court costs

Other orders

A conviction and 1 demerit point were recorded for each count

13 May 2020

Port Adelaide Magistrates Court

Defendant: Driver

The defendant was charged with 5 counts of making false or misleading entries 325 HVNL and a count of provide false document 702 HVNL. The defendant had a number of prior convictions, three of which were similar to the conduct charged.

The Prosecution submitted that an order of the court modifying his MC licence by precluding the driver driving a HV outside of 100km of his driver’s base will ensure he does not hold a duty of accurately filling out a work diary, thus avoiding further offending. Balancing that, he can still be gainfully employed working as a HV driver within the 100km for local freight.

Section/Act

C1- C5 - s 325 HVNL
C6 - s 702 HVNL

Fine

$4,800 global penalty, plus court costs

Other orders

Licence modified for 3 months to disqualify the driver from driving heavy vehicles beyond 100km of the driver’s base
Conviction recorded

27 May 2019

Port Pirie Magistrates Court

Defendant: Company

An SA based company was transporting a tractor excavator combination on the back of a low loader trailer in a manner that did not comply with the Load Restraint Guide. The load was observed shifting and moving forward on the deck of the low loader as the vehicle braked. The company was charged with a permit offence in accordance with s 111 HVNL and it was a severe risk breach in accordance with s 114. The company pleaded guilty at the first possible opportunity and was given a 40% discount for their early guilty plea. The company was fined $10,000.00 plus fees and levy.

Section/Act

s 111 (HVNL) - severe

Fine

$10,000 plus court costs

Other orders

Conviction recorded

5 March 2019

Port Adelaide Magistrates Court

Defendant: Driver

The Defendant was an employee driver with four previous convictions for critical breaches of work and rest hours. He committed Counts 1 to 3 in a two month period and committed Count 4 shortly afterwards.

Section/Act

C1 - s 250(1))(a) HVNL - critical
C2 - s 325(1) HVNL
C3 - s 250(1)(b) HVNL - critical
C4 - s 250(1)(a) HVNL - severe

Fine

C1 - $3,000
C2 - $1,800
C3 - $3,000
C4 - $1,800
Total $9,600 plus court costs

Other orders

Conviction recorded for all counts

5 March 2019

Port Adelaide Magistrates Court

Defendant: Driver

The solo driver of a prime mover operating under BFM hours rested for less than the minimum 7 hours of continuous rest time in a 24 hr period.

Section/Act

s 254(1)(b) HVNL x 2

Fine

$2,400 per count
Total $4,800 plus court costs

Other orders

Convictions recorded

5 March 2019

Port Adelaide Magistrates Court

Defendant: Driver

The solo driver of a prime mover rested for less than the minimum 7 hours of continuous rest time in a 24 hr period and worked for more than the maximum period of 12 hours stated in the standard hours in a 24 hour period.

Section/Act

C1 - s 250(1)(b) HVNL
C2 - s 250(1)(a) HVNL
C3 - s 250(1)(b) HVNL

Fine

$1,800 per count
Total $5,400

Other orders

Convictions recorded for all counts

5 March 2019

Adelaide Magistrates Court

Defendant: Driver

In a 7 day period, a solo driver had not taken the required 24 hr continuous rest break, but had only taken 21 hrs and 45 minutes. In a 24 hr period, the driver had exceeded the permitted maximum of 12 hours, working for 13 hours and 45 minutes. The driver had previously been convicted of a loading offence but not of any fatigue offences.

Section/Act

s 250(1)(a) HVNL x 2

Fine

$8000 global penalty

Other orders

Convictions recorded

30 January 2019

Adelaide Magistrates Court

Defendant: Driver

A NSW licensed driver made false entries in his work diary, stating that he had been resting at a time when in fact he had been driving, loading or refuelling a vehicle. The driver had one prior similar offence from 2017 when he was fined $900.

Section/Act

s 325(1) HVNL x 3

Fine

$3,000 per count
Total $9,000 plus court costs

Other orders

Conviction recorded

30 January 2019

Adelaide Magistrates Court

Defendant: Operator

The company arranged for a drop deck trailer to be attached to its prime mover and gave instructions about how to load the trailer. There were no weighing devices on the trailer and the load exceeded the legal limit – of 20 tonnes – by almost 6 tonnes. The company had no prior relevant convictions.

Section/Act

s 96(1) HVNL

Fine

$6000 plus court costs

Other orders

Conviction recorded

3 December 2018

Ceduna Magistrates Court

Defendant: Driver

A solo driver operating under standard hours breached work and rest hours requirements by driving for 13 hours in a 24 hour period (substantial risk) and for resting only for 4.50 hours in a 24 hour period. (critical risk) When being previously convicted of similar offences he had been warned that further offending would result in licence disqualification.

Section/Act

s 250(1)(a) HVNL
s 250(1)(b) HVNL

Fine

$1000 plus court costs

Other orders

Licence disqualified for 9 months

14 November 2018

Port Adelaide Magistrates Court

Defendant: Company/owner

An Adelaide based trucking company was prosecuted for two offences against s 229 of the HVNL (pre 1 October 2018 offending).

An investigation into the company was commenced after one of its drivers was involved in a collision. The trucks operated by the company were fitted with GPS and GPS data was readily available to the company. The company failed to access the GPS data or cross-check GPS records with drivers’ work diaries. Had the company accessed the GPS data it would have been alerted to indications that two drivers were committing extreme breaches of the fatigue regulations of the HVNL. Section 229 does not require proof that a driver was in fact driving fatigued – it is simply a failure to take reasonable steps to ensure that a person does not drive on the road while impaired by fatigue. Thus in failing to cross-check GPS with work diaries for these two drivers – which would have been a reasonable step – the company committed two offences against s 229 of the HVNL.

As the defendant was a company, the operation of s 596 meant that the maximum penalty for each of the two offences was $55,000 dollars (5 times the $11,000 maximum penalty for an s 229 offence). The Magistrate reduced the proposed a fine of $36,000 by 40% in recognition of the pleas of guilty on the first occasion the matter was in Court. This resulted in a global fine of $21,600 plus victims of crime levies and prosecutors fees.

Section/Act

s 229 HVNL x 2 (pre 1/10/18 offence)

Fine

$21,600 global penalty, plus court costs

Other orders

Conviction recorded

4 September 2018

Ceduna Magistrates Court

Defendant: Driver

A solo heavy vehicle driver was charged with one count of driving while fatigued. He had been observed driving on the wrong side of the road at various times over about a 10 minute period. His licence was disqualified as he posed a significant public risk.

Section/Act

s 228(1) HVNL

Fine

$2500 plus court costs

Other orders

Licence disqualified for 3 months

Tasmania

Court details	Offence	Penalty
4 May 2023 Launceston Magistrates Court Defendant type: Company- AS 2940	The Company failed to take reasonably practicable steps as an employer in the Chain of Responsibility (CoR). The failure of the Company to take reasonably practical steps, as mandated by the HVNL, resulted in a culture of continued and systemic breaches of the Regulations and was in breach of the safety duties imposed by the HVNL. This failure exposed two classes of individuals, namely the employed drivers of the company, and the public, to a risk of death or serious injury.	Section/Act s 26(g), HVNL Fine $80,000 and court costs Supervisory Intervention Order (SIO) 12 months with conditions to receive training in the following units: training for all senior management, schedulers, and compliance officers in: apply a fatigue risk management system; administer a fatigue risk management system; and complete a Work Diary in the road transport industry; training for all drivers in: apply a fatigue risk management system; and complete a Work Diary in the road transport industry; within six months of this Order being made, the Company must engage an accredited installer of Teletrac Navman for the installation of the technology in all fatigue-regulated heavy vehicles registered to the Company. Installation must include the Teletrac Navman and Electronic Work Diary add-on; and within eight months of this order being made, the Company must implement a policy that all drivers of fatigue-regulated vehicles use Electronic Work Diaries.
4 May 2023 Launceston Magistrates Court Defendant type: Individual - AS 3295	The offender failed to take reasonably practicable steps as a scheduler in the Chain of Responsibility (CoR). The offender also failed to take reasonably practicable steps, as an executive of a company of which they were the sole director, to exercise due diligence to ensure the company complied with its safety duty. The lack of proactive management by the offender of their transport activities, as mandated by the Heavy Vehicle National Law (HVNL), resulted in a culture of continued and systemic breaches of the Regulations and was in breach of the safety duties imposed by the HVNL. This failure exposed two classes of individuals, namely the employed drivers of the company, and the public, to a risk of death or serious injury.	Section/Act s 26(g), HVNL s 26(d), HVNL Fine $8,000 and court costs Supervisory Intervention Order (SIO) 12-months with conditions to receive training in the following units: administer a fatigue risk management system; monitor the safety of transport activities; and ensure safety transport activities for the CoR; not engage in activities as a scheduler until the NHVR confirms that it has received the certificates of completion for the above training.
25 January 2022 Burnie Magistrates Court Defendant type: Operator - AS 2957	The accused was charged with 1x s. 96(1)(c) – Fail to comply with mass requirement – severe risk breach. On 4 March 2021, the accused was driving a prime mover and quad axle low loader on the Bass Highway. It was loaded with a crusher. The vehicle was weighed at the Howth weighbridge for inspection. The rear quad-axle group was weighed and the alleged mass was 36,600kg. The alleged mass breached the Tasmania Class 1 Load Carrying Vehicles mass and dimension Exemption Notice 2017 (No 1). The Exemption Notice did not apply as the mass limits were breached on the notice. Therefore, the permitted mass was the statutory limit of 20,000kg. The alleged breach was an excess mass of 16,600kg which is 183% of the prescribed mass limit. The accused entered a guilty plea. The accused was legally represented. The accused was cooperative with the officers during the intercept. The accused had a prior history of traffic infringement notices including for a mass offence in 2014 and an overhang offence in 2006. The presiding Magistrate made remarks that a Supervisory Intervention Order (SIO) was an appropriate sentence disposition in this matter. It supports rehabilitation and community protection. The Order as sought by Prosecutor was imposed.	Section/Act s 96(1)(c) – Failure to comply with mass requirements – severe risk breach Fine Ordered to pay prosecution costs and court costs Other Orders Without conviction. Supervisory Intervention Order (SIO) The accused must complete a training course as provided by a course provider, chain of responsibility expert or industry expert within twelve (12) months. The training is to be on the following: The HVNL as it relates to vehicle access, National Heavy Vehicle Regulator permits, invisible loads, axle mass limits and load restraint; Chain of Responsibility, primary duties and risks; Safe loading and load restraint, including the National Transport Commission Load Restraint Guide; Vehicle maintenance and the National Heavy Vehicle Regulator National Heavy Vehicle Inspection Manual.
3 November 2021 Launceston Magistrates Court Defendant type: Company	The corporation was a transportation operator involved in carting of loads. A DAF prime mover was intercepted, which was a fatigue regulated heavy vehicle. The National Work Diary of an employed driver revealed that the driver was working more than the standard work hours. There was a total of three breaches identified. The breaches are categorised as follows between 24 November 2020 to 2 December 2020: 24 November – 25 November 2020. Substantial risk breach. Driving 13 hours in the relevant 24-hour period. 26 November – 27 November 2020. Minor risk breach. Driving 12 hours and 45 minutes in the relevant 24-hour period. 1 December – 2 December 2020. Critical risk breach. Driving 14 hours in the relevant 24 hour period. The Defendant was charged with a prohibited request under section 26E of the Heavy Vehicle National Law. The Defendant failed to ensure the employed driver did not commence driving tasks earlier. The Defendant did not make enquiries as to when the employed driver commenced driving or the number of hours worked on the respective dates. The Defendant allocated the employed driver tasks which had the effect of causing the employed driver to drive more than the permitted 12 hours in any 24 hour period, which resulted in the driver breaching their standard work rest hours option. The Defendant indirectly caused the employed driver to be in breach of their work rest hours option. The Defendant had no prior convictions.	Section/Act s 26(e) Fine $2,000 Other orders Convicted Supervisory Intervention Order (SIO) Placed on a 12 month Supervisory Intervention Order to complete the following conditions: To engage a chain of responsibility expert within four (4) weeks of the imposition of this Order to implement the matters outlined at condition 3. To engage a chain of responsibility expert to assist with the following: Developing and delivering onsite training surrounding fatigue management for drivers, and office/administration managers; The training program must include: Policy/procedure surrounding fatigue management; Safety Management Systems; Induction and training templates; Process to measure and review; Chain of responsibility program Certificate. A chain of responsibility gap analysis, including a detailed report and action plan; and Action plan implementation and support. To provide the NHVR with details of completion of conditions 2 and 3. To provide the NHVR details of the engagement of a chain of responsibility expert, including contact details, within six (6) weeks of the imposition of this Order. To provide the NHVR with the details of the training program as developed. To provide the NHVR with the names and license details, and the training records, of all persons, including drivers, office and administration managers, who complete the on-site training. To provide updated identity and training records on a monthly basis for the duration of the period of operation of this Order.
17 November 2021 Burnie Magistrates Court Defendant: Operator	The Defendant was an operator of a partnership. The Defendant's role included but was not limited to managing the partnerships transport activities and maintaining heavy vehicles. 49 heavy vehicles were registered and operated by the Defendant. The Defendant failed to implement adequate systems for inspection, fault finding, recording, maintenance and repairs of its heavy vehicles. Between 13 March 2019 to 19 November 2019, the Defendant was issued with 46 defect notices (4 major and 42 minor) as well as 2 infringement notices. Maintenance records kept by the Defendant revealed the frequency for inspection of the heavy vehicles were varied and sporadic. In some instances heavy vehicles remained uninspected and non-maintained for several years. A significant portion of vehicle maintenance was undertaken following the issue of defect notices, or following voluntary reports made by employed drivers. There were a total of 10 employed drivers during the relevant period. Further records revealed that the speedometer and odometer of a heavy vehicle was not working for approximately 3 weeks. The heavy vehicle was driven on roads during that time and the Defendant directed an employed driver to drive the heavy vehicle. The Defendant as an operator failed to ensure the safety of transport activities. The failure exposed individuals to a risk of death and/or serious injury. The Defendant failed to take reasonably practicable measures. The Defendant was required to produce 27 heavy vehicles as a result of a Notice issued by the NHVR. 11 heavy vehicles were produced. 10 of the 11 heavy vehicles were issued with defect notices. The Defendant failed to produce 16 heavy vehicles as they would not have passed inspection. The Defendant had no prior convictions.	Section/Act s 26(g) Fine $25,000 Supervisory Intervention Order (SIO) Placed on a 12 month Supervisory Intervention Order to complete the following conditions: To engage in education regarding vehicle standards and maintenance, at the Defendants own expense and provide evidence to the NHVR Within 6 weeks provide details of the heavy vehicle fleet to the NHVR Within 6 weeks to have each vehicle inspected by an authorised inspection station and provide details to the NHVR If any heavy vehicles are deemed unroadworthy to arrange for all defects to be rectified within 6 weeks, if the heavy vehicles are intended to be used on roads The heavy vehicle must pass re-inspection before it can be used on roads If it does not pass re-inspection the NHVR may make application to have embargo noticed lodge and for the heavy vehicle to be deregistered Not more than 2 weeks prior to end of the Order, to have all of the heavy vehicle fleet inspected by an authorised inspection station and to provide details to the NHVR Other orders Ordered to pay prosecution costs Convicted
17 November 2021 Launceston Magistrates Court Defendant: Driver	The defendant was charged with 1 count of contravening a dimension requirement (severe risk breach); he had multiple prior breaches for similar offending.	Section/Act C1 - 102(1)(b)(iii) - severe Fine $5,000 Plus prosecution fees and court costs Other orders Convictions recorded

Court details

Offence

Penalty

4 May 2023

Launceston Magistrates Court

Defendant type: Company- AS 2940

The Company failed to take reasonably practicable steps as an employer in the Chain of Responsibility (CoR).

The failure of the Company to take reasonably practical steps, as mandated by the HVNL, resulted in a culture of continued and systemic breaches of the Regulations and was in breach of the safety duties imposed by the HVNL.

This failure exposed two classes of individuals, namely the employed drivers of the company, and the public, to a risk of death or serious injury.

Section/Act

s 26(g), HVNL

Fine

$80,000 and court costs

Supervisory Intervention Order (SIO)

12 months with conditions to receive training in the following units:

training for all senior management, schedulers, and compliance officers in:
- apply a fatigue risk management system;
- administer a fatigue risk management system; and
- complete a Work Diary in the road transport industry;
training for all drivers in:
- apply a fatigue risk management system; and
- complete a Work Diary in the road transport industry;
within six months of this Order being made, the Company must engage an accredited installer of Teletrac Navman for the installation of the technology in all fatigue-regulated heavy vehicles registered to the Company. Installation must include the Teletrac Navman and Electronic Work Diary add-on; and
within eight months of this order being made, the Company must implement a policy that all drivers of fatigue-regulated vehicles use Electronic Work Diaries.

4 May 2023

Launceston Magistrates Court

Defendant type: Individual - AS 3295

The offender failed to take reasonably practicable steps as a scheduler in the Chain of Responsibility (CoR).

The offender also failed to take reasonably practicable steps, as an executive of a company of which they were the sole director, to exercise due diligence to ensure the company complied with its safety duty.

The lack of proactive management by the offender of their transport activities, as mandated by the Heavy Vehicle National Law (HVNL), resulted in a culture of continued and systemic breaches of the Regulations and was in breach of the safety duties imposed by the HVNL.

This failure exposed two classes of individuals, namely the employed drivers of the company, and the public, to a risk of death or serious injury.

Section/Act

s 26(g), HVNL
s 26(d), HVNL

Fine

$8,000 and court costs

Supervisory Intervention Order (SIO)

12-months with conditions to receive training in the following units:

administer a fatigue risk management system;
monitor the safety of transport activities; and
ensure safety transport activities for the CoR;
not engage in activities as a scheduler until the NHVR confirms that it has received the certificates of completion for the above training.

25 January 2022

Burnie Magistrates Court

Defendant type: Operator - AS 2957

The accused was charged with 1x s. 96(1)(c) – Fail to comply with mass requirement – severe risk breach.

On 4 March 2021, the accused was driving a prime mover and quad axle low loader on the Bass Highway. It was loaded with a crusher.

The vehicle was weighed at the Howth weighbridge for inspection.

The rear quad-axle group was weighed and the alleged mass was 36,600kg. The alleged mass breached the Tasmania Class 1 Load Carrying Vehicles mass and dimension Exemption Notice 2017 (No 1).

The Exemption Notice did not apply as the mass limits were breached on the notice. Therefore, the permitted mass was the statutory limit of 20,000kg.

The alleged breach was an excess mass of 16,600kg which is 183% of the prescribed mass limit.

The accused entered a guilty plea. The accused was legally represented.

The accused was cooperative with the officers during the intercept.

The accused had a prior history of traffic infringement notices including for a mass offence in 2014 and an overhang offence in 2006.

The presiding Magistrate made remarks that a Supervisory Intervention Order (SIO) was an appropriate sentence disposition in this matter. It supports rehabilitation and community protection. The Order as sought by Prosecutor was imposed.

Section/Act

s 96(1)(c) – Failure to comply with mass requirements – severe risk breach

Fine

Ordered to pay prosecution costs and court costs

Other Orders

Without conviction.

Supervisory Intervention Order (SIO)

The accused must complete a training course as provided by a course provider, chain of responsibility expert or industry expert within twelve (12) months.

The training is to be on the following:

The HVNL as it relates to vehicle access, National Heavy Vehicle Regulator permits, invisible loads, axle mass limits and load restraint;
Chain of Responsibility, primary duties and risks;
Safe loading and load restraint, including the National Transport Commission Load Restraint Guide;
Vehicle maintenance and the National Heavy Vehicle Regulator National Heavy Vehicle Inspection Manual.

3 November 2021

Launceston Magistrates Court

Defendant type: Company

The corporation was a transportation operator involved in carting of loads.

A DAF prime mover was intercepted, which was a fatigue regulated heavy vehicle. The National Work Diary of an employed driver revealed that the driver was working more than the standard work hours.

There was a total of three breaches identified.

The breaches are categorised as follows between 24 November 2020 to 2 December 2020:

24 November – 25 November 2020. Substantial risk breach. Driving 13 hours in the relevant 24-hour period.
26 November – 27 November 2020. Minor risk breach. Driving 12 hours and 45 minutes in the relevant 24-hour period.
1 December – 2 December 2020. Critical risk breach. Driving 14 hours in the relevant 24 hour period.

The Defendant was charged with a prohibited request under section 26E of the Heavy Vehicle National Law.

The Defendant failed to ensure the employed driver did not commence driving tasks earlier.

The Defendant did not make enquiries as to when the employed driver commenced driving or the number of hours worked on the respective dates.

The Defendant allocated the employed driver tasks which had the effect of causing the employed driver to drive more than the permitted 12 hours in any 24 hour period, which resulted in the driver breaching their standard work rest hours option.

The Defendant indirectly caused the employed driver to be in breach of their work rest hours option.

The Defendant had no prior convictions.

Section/Act

s 26(e)

Fine

$2,000

Other orders

Convicted

Supervisory Intervention Order (SIO)

Placed on a 12 month Supervisory Intervention Order to complete the following conditions:
To engage a chain of responsibility expert within four (4) weeks of the imposition of this Order to implement the matters outlined at condition 3.
To engage a chain of responsibility expert to assist with the following:
- Developing and delivering onsite training surrounding fatigue management for drivers, and office/administration managers;
- The training program must include:
  - Policy/procedure surrounding fatigue management;
  - Safety Management Systems;
  - Induction and training templates;
  - Process to measure and review;
  - Chain of responsibility program Certificate.
- A chain of responsibility gap analysis, including a detailed report and action plan; and
- Action plan implementation and support.
To provide the NHVR with details of completion of conditions 2 and 3.
To provide the NHVR details of the engagement of a chain of responsibility expert, including contact details, within six (6) weeks of the imposition of this Order.
To provide the NHVR with the details of the training program as developed.
To provide the NHVR with the names and license details, and the training records, of all persons, including drivers, office and administration managers, who complete the on-site training.
To provide updated identity and training records on a monthly basis for the duration of the period of operation of this Order.

17 November 2021

Burnie Magistrates Court

Defendant: Operator

The Defendant was an operator of a partnership. The Defendant's role included but was not limited to managing the partnerships transport activities and maintaining heavy vehicles.

49 heavy vehicles were registered and operated by the Defendant.

The Defendant failed to implement adequate systems for inspection, fault finding, recording, maintenance and repairs of its heavy vehicles.

Between 13 March 2019 to 19 November 2019, the Defendant was issued with 46 defect notices (4 major and 42 minor) as well as 2 infringement notices.

Maintenance records kept by the Defendant revealed the frequency for inspection of the heavy vehicles were varied and sporadic. In some instances heavy vehicles remained uninspected and non-maintained for several years. A significant portion of vehicle maintenance was undertaken following the issue of defect notices, or following voluntary reports made by employed drivers. There were a total of 10 employed drivers during the relevant period.

Further records revealed that the speedometer and odometer of a heavy vehicle was not working for approximately 3 weeks. The heavy vehicle was driven on roads during that time and the Defendant directed an employed driver to drive the heavy vehicle.

The Defendant as an operator failed to ensure the safety of transport activities. The failure exposed individuals to a risk of death and/or serious injury.

The Defendant failed to take reasonably practicable measures.

The Defendant was required to produce 27 heavy vehicles as a result of a Notice issued by the NHVR. 11 heavy vehicles were produced. 10 of the 11 heavy vehicles were issued with defect notices. The Defendant failed to produce 16 heavy vehicles as they would not have passed inspection.

The Defendant had no prior convictions.

Section/Act

s 26(g)

Fine

$25,000

Supervisory Intervention Order (SIO)

Placed on a 12 month Supervisory Intervention Order to complete the following conditions:

To engage in education regarding vehicle standards and maintenance, at the Defendants own expense and provide evidence to the NHVR
Within 6 weeks provide details of the heavy vehicle fleet to the NHVR
Within 6 weeks to have each vehicle inspected by an authorised inspection station and provide details to the NHVR
If any heavy vehicles are deemed unroadworthy to arrange for all defects to be rectified within 6 weeks, if the heavy vehicles are intended to be used on roads
The heavy vehicle must pass re-inspection before it can be used on roads
If it does not pass re-inspection the NHVR may make application to have embargo noticed lodge and for the heavy vehicle to be deregistered
Not more than 2 weeks prior to end of the Order, to have all of the heavy vehicle fleet inspected by an authorised inspection station and to provide details to the NHVR

Other orders

Ordered to pay prosecution costs
Convicted

17 November 2021

Launceston Magistrates Court

Defendant: Driver

The defendant was charged with 1 count of contravening a dimension requirement (severe risk breach); he had multiple prior breaches for similar offending.

Section/Act

C1 - 102(1)(b)(iii) - severe

Fine

$5,000
Plus prosecution fees and court costs

Other orders

Convictions recorded

Victoria

Court details	Offence	Penalty
27 February 2025 Ringwood Magistrates Court Defendant type: Corporate - AS 12839	On 27 July 2023 NHVR SCO’s intercepted a heavy vehicle which was owned and operated by the corporate defendant. It was loaded with a concrete beam. The driver produced an OSOM permit to the SCO’s. As the vehicle and its load failed to comply with the load by exceeding the relevant mass and dimension limits, the permit did not apply. As a result, the following breaches of the HVNL were detected: 1 x s 96(1)(c) – Severe mass breach; 2 x s 102(1)(iii)– Severe dimension breach: 1 x length 1 x width. The vehicle and its load was 274% of its permitted mass, one of the most serious breaches of its kind.	Section/Act C1 - s 96(1)(c), HVNL - severe C2-C3 - s 102(1)(iii), HVNL - severe Fine C1 $40,000 C2 $7,000 C3 $7,000 Other orders Conviction recorded Educational Points A defendant that has had a Supervisory Intervention Order (SIO) imposed in the past and a history of offending will not be afforded significant leniency in sentencing in circumstances where that party is established as being familiar with the law and that it should have addressed the breach prior to its occurrence.
13 May 2024 Ringwood Magistrates Court Defendant type: Individual - AS 9957	The defendant was intercepted by NHVR authorised officers on two occasions. The officers detected a total of twenty seven separate offences in respect to the defendant’s National Driver Work Diary. 9 offences pursuant to section 250(1) of the HVNL – failure to comply with maximum work limits. There were 3 critical risk breaches, 2 severe risk breaches and 4 minor risk breaches detected. 18 offences pursuant to section 325(1) HVNL – for false or misleading entry in a work record. The defendant’s Work Diary was compared to various camera sightings. In the majority of the false entry charges, the defendant stated that they were resting however there were camera sightings confirming that the vehicle was moving. The magistrate accepted the defendant’s early guilty plea and imposed a Supervisory Intervention Order (SIO). The defendant has no relevant prior history.	Section/Act 1x s 250(1)(b), HVNL 3x s 250(1)(a), HVNL 1x s 325(1), HVNL Fine $12,000 Other orders Conviction recorded Supervisory Intervention Order (SIO) A 12-month SIO was ordered with the following conditions: complete training on work diaries. Use an Electronic Work Diary (EWD) for a period of 12 months, and provide copies of records of the EWD. Educational Points Consider implementing an EWD. Ensure you have read and understood the instructions in the front of the National Driver Work Diary. Ensure you are familiar with time counting requirements under the HVNL, in line with instructional videos contained on the NHVR website.
23 February 2024 Ringwood Magistrates Court Defendant type: Individual - AS 5977, 6452, 5841	The defendant was intercepted by Victorian SCOs on two occasions in November 2022 and May 2023. During the November 2022 intercept, the defendant was found to have been driving while their licence was cancelled. They were advised that they would be prosecuted in relation to this offence. The SCOs conducted further investigations into the work activity undertaken by the defendant by reference to their work diary and identified persistent offending in the year preceding the intercept. The same SCO intercepted the defendant again in May 2023. The defendant’s licence was still cancelled. A significant brief was referred to the prosecution unit and the following charges were laid: 17 x s 325(1) HVNL – make false or misleading entry in work diary. 13 x s 297(1) HVNL – fail to record information in work diary immediately after starting work. 2 x s 30 Road Safety Act – drive while licence cancelled. Prosecution and defence counsel agreed to resolve the matter by rolling up 16 of the 17 false or misleading charges and all 13 of the failure to record information charges. This resulted in the matter being able to be resolved on a global basis while the magistrate could still take into account the ongoing and serious nature of the offences. The magistrate accepted the defendant’s early guilty plea, noting that the maximum penalty for their offending was extremely high. The magistrate reminded the defendant that their offending could have resulted in catastrophic consequences.	Section/Act 17 x s 325(1) s 250(1)(a), HVNL 13 x s 297(1) s 250(1)(a), HVNL 2 x s 30, Road Safety Act Fine $7,000 Other orders Conviction recorded
7 September 2023 Dandenong Magistrates Court Defendant type: Individual - AS 8031	A heavy vehicle was intercepted by Authorised Officers on Dandenong bypass at Keysborough. Upon inspection, Authorised Officers detected that the vehicle’s load exceeded the permitted length dimension. The driver advised they had loaded the vehicle and wasn’t aware of the restrictions on length.	Section/Act s 101(1)(b)(iii), HVNL - severe Fine $2,000 Other orders Conviction recorded Supervisory Intervention Order (SIO) A 6-month SIO was ordered with the following conditions: engage an accredited training provider for dimension training.
20 June 2023 Mildura Magistrates Court Defendant type: Corporation - AS 4506	Authorised Officers intercepted a prime mover in an AB triple combination which was connected to a tri-axle trailer, a tandem axle dolly and two tri-axle trailers. The trailers were loaded with three intermodal shipping containers. Dockets were provided to the Authorised Officers. However, the dockets did not mention the weight of the three containers and their contents. The intercepted AB triple combination was not allowed to operate in Victoria and required a permit which the Company had not obtained. The axle was weighed at 19,380kg which was 117% of the prescribed mass limit. The tri-axle was weighed at 22,980kg which 115% of the prescribed mass limit. The accused entered an early guilty plea and had no prior court matters.	Section/Act 3 x s191(1), HVNL 2 x s96(1)(b) HVNL –substantial; and 1 x s137, HVNL Fine $7,000
21 April 2023 Melbourne Magistrates' Court Defendant type: Consignor - AS 2944	The accused was a consignor. Investigations revealed that the accused breached its primary safety duty by failing to implement effective systems and procedures to ensure heavy vehicles consigned by it were adequately loaded and restrained. On 11 November 2019, a heavy vehicle, a prime mover, towed a skeletal semi-trailer carrying a 40-foot shipping container with 26 tonnes of timber plywood. The heavy vehicle rolled over in Dandenong where no injuries or deaths resulted. The NHVR’s investigation revealed that the consignor had failed to: comply with its own Chain of Responsibility policy; ensure that Australian safety regulations were complied with by: filling gaps and void spaces suitable material; securing the load with nets or gates, using shoring bars to stabilise the load; and using non-slip surface material to prevent the load from shifting; provide overseas suppliers with instructions regarding compliance with Australian safety regulations; require records and photographs of the container’s load and restraint to be provided prior to shipping; and advise the driver and operator of the vehicle on how the load was restrained. The Magistrate stated that the offending is risk based and it was incredibly fortunate via sheer luck no one was killed; and that general deterrence is the most significant sentencing factor. The Company made significant improvements to its policies and procedures since the rollover having spent approximately $150,000.	Section/Act s 26(G), HVNL Fine $75,000
7 February 2023 Melbourne Magistrates' Court Defendant type: Corporate defendant - AS 4062	The defendant company was charged with two counts of permitting drivers to engage in transport activities using heavy vehicles which, combined with their load, were over the allowable mass limit on two separate occasions over the course of one month. In addition to both offences being in the severe breach category for being over mass, the loads on each occasion were not secured properly. The magistrate found that this was serious offending, posed a risk to the community, and that a penalty needed to be imposed which would deter other companies from engaging in this type of offending.	Section/Act C1 – s 96(1)(C) - severe C1 – s 96(1)(C) - severe Fine $9,000 plus prosecution fees Other orders Convictions recorded
3 February 2023 Dandenong Magistrates Court Defendant type: Individual - AS 3688	On 20 October 2021, a heavy vehicle pulled into the Yarragon Weighbridge Westbound in Victoria and the driver was spoken to by the NHVR Authorised Officers. The driver’s NDWD was inspected by the Officer’s and offences were detected throughout that NDWD. The fatigue offending was detected between 12 August 2021 and 20 October 2021. The failure to record information offences were identified to have occurred between 6 October 2021 and 20 October 2021. 24 instances where the Defendant had failed to provide records to his record keeper (by removing the appropriate sheet from their NDWD and providing it to their employer) were identified between 19 September 2020 and 28 September 2021. These instances were rolled into one count. The Defendant indicated that they were not aware of a number of the rules and on other occasions things simply slipped their mind.	Section/Act 5 x s250 - 2 x minor; 1 x substantial; 2 x critical 3 x s301 - failing to record information offences 1 x s322 - failing to provide records to record keeper Fine $6490 Other orders No convictions
10 August 2022 Heidelberg Magistrates Court Defendant type: Individual	Between 2 October 2021 and 14 December 2021 the accused made eight (8) false or misleading entries in his National Driver Work Diary. Additionally, on two (2) further occasions the accused failed to record the required information in his National Driver Work Diary when required. Since the offending, the accused has relocated to Western Australia and at the time of sentence was not operating heavy vehicles interstate	Section/Act C1- C8 - False or misleading entries in a work record, contrary to s 325 of the HVNL C9 - Failure to record information in a work record as per the National Regulations, contrary to s 296 of the HVNL C10 - Fail to record information required to be recorded in a work record immediately after starting work, contrary to s 297 of the HVNL Fine $3,500 Other orders Conviction recorded Ordered to pay prosecution costs Supervisory Intervention Order (SIO) For a period of twelve (12) months, the individual is to use an Electronic Work Diary to monitor and record his work and rest times when required to record his work and rest times as per the Heavy Vehicle National Law and Regulations. The Electronic Work Diary must be from a company that has been approved by the NHVR to provide Electronic Work Diaries; and Installation or procurement of the Electronic Work Diary must be completed prior to undertaking any travel that is required to be recorded as per the Heavy Vehicle National Law and Regulations; and Evidence of the installation or procurement of the Electronic Work Diary must be provided to the NHVR prior to the proposed travel that is required to be recorded as per the Heavy Vehicle National Law and Regulations; and Entries made in the Electronic Work Diary are to be true and correct. All work and rest hour requirements, as provided for in the Heavy Vehicle National Law and Regulations, must be complied with. For a period of twelve (12) months, the individual is required to provide copies of his work diary entries to the NHVR. At the end of each calendar month, the individual is to provide copies of his completed work diary entries to the NHVR for that relevant month; and In the event no driving work is required to be recorded in a National Driver Work Diary by the individual in the relevant month, written notification of this must be provided to the NHVR.
4 August 2022 Dandenong Magistrates Court Defendant type: Individual	On 15 September 2021 the individual was observed driving a heavy vehicle, in Doveton, Victoria. The heavy vehicle was intercepted for a compliance check. The individual was required to have a prescribed alcohol interlock device fitted to any heavy vehicle they operated. The individual had failed to comply with their licence requirements to fit an alcohol interlock device. In addition, the heavy vehicle's permitted rear overhang limit was 2,340mm. The heavy vehicle's rear overhang was measured at 3,000mm. Taking into account the applicable dimension adjustment, the vehicle's alleged rear overhang was 2,900mm, an excess length of 560mm. The contravention of the heavy vehicle's permitted rear overhang resulted in a Substantial risk breach. Since the date of offending, the individual no longer works in the heavy vehicle industry.	Section/Act C1 - s 50AAD(1)(A) Road Safety Act C2 - s 111 HVNL - substantial risk breach Fine Aggregate fine of $800 Other orders Conviction recorded Order to pay prosecution costs Supervisory Intervention Order (SIO) Within the period of twelve (12) months of the signing of the Order, if the individual is to operate a heavy vehicle, prior to undertaking any transport activity, the individual must engage an accredited trainer and complete a training course in respect of mass, dimension and loading requirements under the Heavy Vehicle National Law and Regulations. Prior to undertaking any training, the details of the training provider and proposed training content are to be supplied to the NHVR; The training must not be undertaken unless the NHVR has confirmed that the relevant training provider proposed is sufficiently accredited and that the course proposed sufficiently addresses the requirements of the Order; The training must include training in respect of: Compliance with Mass requirements relevant to heavy vehicles; Compliance with Dimension requirements relevant to heavy vehicles; Compliance with Loading requirements relevant to heavy vehicles; Requirements and obligations concerning mass, dimension or loading provided for by the Heavy Vehicle National Law and Regulations. Within one (1) month of training being completed, the individual must provide evidence that he has completed the training to the NHVR At the end of each calendar month, for a period of twelve (12) months, the individual must confirm, in writing, to the NHVR whether he undertook any transport activities in a heavy vehicle in the preceding month.
4 August 2022 Dandenong Magistrates Court Defendant type: Company - operator	On 17 June 2020 a company was observed travelling in prime mover compromising of one, two tyred steer axle, together with one, eight tyred dual-drive tandem axle group. It was towing a two-axle sixteen tyred low loader dolly, which was connected to a five-axle forty tyred low loader. The heavy vehicle was loaded with a Tadano crane. The company allowed the vehicle to travel on a non-approved route as per the Multi-State Class 1 Load Carrying Vehicle Mass Exemption Notice 2020 (No. 1) Schedule 4. A permit was produced but this permit was not valid for the trip. The company permitted a driver to drive the heavy vehicle without ensuring its components and load, complied with the applicable loading and mass requirements applying to the vehicle. The statutory permitted mass was 43,000kg. The alleged mass was 102,400kg. This is 238% of the prescribed mass limits (severe risk breach). The load, the Tadano crane weighed 57,900kg. The way it was loaded did not comply with the performance standards. This resulted in a substantial risk breach. It did not comply with the Load Restraint Guide, specifically: The load had rubber tyres which was sitting on smooth unpainted steel deck providing a medium friction coefficient; There were a total of eight 10mm chains crossed with two chains on each of the number 1,2,4 and 5 axles of the crane; The chains were in a single string format, tensioned by one ratchet dog per chain; It was observed that one of the open winged hooks of the ratchet dogs was hooked directly onto the load deck of the trailer with the other end being connected to the chain. The company entered a plea of guilty and had two relevant prior court matters.	Section/Act C1 - s 96(1)(c) - severe risk breach C2 - s 111(1)(b) - substantial risk breach Fine Aggregate fine of $8,000 Other orders Conviction recorded Ordered to pay prosecution costs Supervisory Intervention Order (SIO) Placed on a 6 month Supervisory Intervention Order to complete the following conditions: Within one (1) month of this Order being made, to engage a training provider to provide training to all senior management and persons responsible for the operations of transport activities within the company. Prior to undertaking any training, the details of the training provider and proposed training content are to be supplied to the NHVR The training must not be undertaken unless the NHVR has confirmed that the relevant training provider proposed is sufficiently accredited and that the course proposed sufficiently addresses the requirements of this Order; The training must include training in respect of: Compliance with Mass requirements relevant to heavy vehicles; Compliance with Loading requirements relevant to heavy vehicles; Oversize Overmass (OSOM) vehicles and the requirements; Network maps for heavy vehicles as outlined in the VicRoads website; Obligations in the Multi-State Class 1 Load Carrying Mass Exemption Notice 2020 (No. 1). Within six (6) months of this Order being made, to provide to the NHVR the names and training records of all persons who complete the training. To provide to the NHVR the content of the training, including copies of any systems or written procedures implemented as a result of the training.
11 July 2022 Wangaratta Magistrates Court Defendant type: CoR - Operator	The accused faced a single charge of breaching section 26G of the HVNL. The accused failed to ensure the safety of his transport activities by failing to implement appropriate induction systems for drivers, fitness to drive procedures, and fatigue management.	Section/Act C1 - s 26G Fine $50,000 Other orders Conviction recorded
11 July 2022 Frankston Magistrates Court Defendant type: Individual	On 17 July 2019 a driver was observed driving in Dandenong North and was intercepted by Victoria police. Licence checks were conducted which revealed that the driver’s licence had been disqualified as a result of a Traffic Infringement Notice for a period of 13 months. The heavy vehicle was loaded with an excavator that had been inadequately restrained. This was categorised as a minor risk breach. On 24 September 2019 the driver was again observed driving a heavy vehicle being an Isuzu tipper towing a semi tray in Brighton. The driver was intercepted by VicRoads authorised officers. Licence checks were conducted which revealed that the driver’s licence had been disqualified. The heavy vehicle was loaded with a 3,600kg excavator which had been inadequately restrained. It was restrained by one chain looped through the rear of the machine and one strap over the two stacked buckets of the machine and was unblocked. This was insufficient restraint. This was categorised as a substantial risk breach. On 18 October 2021 the driver was observed driving a heavy vehicle, being a Kenworth tipper and was intercepted by NHVR officers in Cranbourne. Licence checks revealed they were disqualified from driving. The reason for the disqualification was due to a previous drink driving matter. The driver made admissions that he did not advise his employer that his licence was disqualified. The driver had prior driving matters.	Section/Act C1 - s 30 Road Safety Act 1986 (17 July 2019) C2 - s 111(1)(a) HVNL (17 July 2019) - minor risk breach C3 - s 30 Road Safety Act 1986 (24 September 2019) C4 - s 111(1)(a) HVNL (24 September 2019) - substantial risk breach C5 - s 30 Road Safety Act 1986 (18 October 2021) C6 - s 32(3) – Road Safety Act 1986 (18 October 2021) Fine C1, C3, C5 - $1,800 C2, C4 - $1,200 C7 - $300 Total fine of $3,300 Other orders Convictions recorded for all charges The drivers licence was disqualified for a period of 12 months commencing on 11 July 2022
6 July 2022 Melbourne Magistrates Court Defendant type: Company	On 18 November 2021 a company was observed travelling in heavy vehicle, namely a 3-axle prime mover in a combination with a 2x4 (8 tyre load sharing dolly) and 4x8 (16 tyre low loader dolly float). The heavy vehicle was loaded with an excavator. The vehicle was detected on a non-approved route as per the Class 1 Load Carrying Vehicle Dimension Exemption Notice and the Class 1 Load Carrying Vehicle Mass Exemption Notice. The company did not have a permit for the trip. The company permitted a driver to drive the heavy vehicle without ensuring its components and load, complied with the applicable dimension and mass requirements applying to the vehicle. The statutory permitted length was 19m. The alleged length was 26.1m, an excess length of 7.1m (severe risk breach). The statutory permitted width was 2.5m. The alleged length was 4.23m, an excess width of 1.73m (severe risk breach). The statutory permitted height was 4.3m. The alleged height was 4.46m, an excess height of 160mm (substantial risk breach). The permitted mass was 43,000kg. The alleged mass of the vehicle was 80,860kg, an excess mass of 37,860kg. This is 188% of the prescribed mass limit (severe risk breach). The company entered a plea of guilty at the earliest opportunity and had two relevant prior matters.	Section/Act C1 - s. 102(1)(b)(iii) - severe risk breach C2 - s. 102(1)(b)(iii) - severe risk breach C3 - s. 102(1)(b)(ii) - substantial risk breach C4 - s. 96(1)(c) - severe risk breach Fine Aggregate fine of $8,000 Other orders No conviction recorded Ordered to pay prosecution costs Supervisory Intervention Order (SIO) Placed on a 6 month Supervisory Intervention Order to complete the following conditions: Within one (1) month of this Order being made, to engage a training provider to provide training to all senior management and persons responsible for the operations of transport activities within the company. Prior to undertaking any training, the details of the training provider and proposed training content are to be supplied to the NHVR The training must not be undertaken unless the NHVR has confirmed that the relevant training provider proposed is sufficiently accredited and that the course proposed sufficiently addresses the requirements of this Order; The training must include training in respect of: Compliance with Mass requirements relevant to heavy vehicles; Compliance with Dimension requirements relevant to heavy vehicles; Oversize Overmass (OSOM) vehicles and the requirements; Network maps for heavy vehicles as outlined in the VicRoads website; Obligations in the Multi-State Class 1 Load Carrying Vehicle Dimension Exemption Notice 2022 (No. 1); Obligations in the Multi-State Class 1 Load Carrying Mass Exemption Notice 2020 (No. 1). Within six (6) months of this Order being made, to provide to the NHVR the names and training records of all persons who complete the training To provide to the NHVR the content of the training, including copies of any systems or written procedures implemented as a result of the training
28 June 2022 Mildura Magistrates Court Defendant type: Company	The company was charged with one count of permitting its driver to drive a heavy vehicle on a road without complying with the loading requirements applying to the vehicle. The vehicle was carrying a load of bricks. Part of the load fell onto the road, nature strip and footpath near a retail shopping area and car park. This was a severe risk breach. This posed an appreciable safety risk to any pedestrians, drivers of other vehicles, or other road users in the vicinity of the fallen bricks. The company had no prior convictions.	Section/Act C1 - s111(1)(c) - severe risk breach Fine $5,000 Plus prosecution fees Other orders Conviction not recorded
5 April 2022 Geelong Magistrates' Court Defendant type: Company	The defendant was charged with 1 count of permitting another to operate a vehicle exceeding mass limit – severe risk breach; first time offender. The vehicle was transporting an excavator and the accused permitted a person to drive a heavy vehicle towing a quad axle low loader while exceeding the mass limit on the quad axle trailer. The alleged mass on quad axle was 39.64 tonnes and this exceeded the permitted mass (under exemption) of 35 tonnes. As a result the vehicle was 198.2% of the maximum allowed legislative mass limit of 20 tonnes and the offence was a severe risk breach. The location of excavator on the trailer was able to be adjusted to bring the load on the quad axle to under 35 tonnes, however this had not been done.	Section/Act C1 - s 96(1) - severe risk breach Fine $10,000 Plus prosecution fees Other orders Conviction not recorded
10 March 2022 Werribee Magistrates Court Defendant type: Company	A company was observed travelling in a 3-axle prime mover, towing 2, 3-axle semi-container carriers in Laverton North. The A trailer was loaded with a 20-foot container and the B trailer was loaded with a 40-foot container. The company permitted a driver to drive the heavy vehicle without ensuring its components and load, complied with the mass requirements applying to the vehicle. The vehicle was intercepted, and the load inspected. It was revealed that the vehicle was travelling over the prescribed mass limits. The vehicle’s permitted mass on the tri-axle was 20,000kg. The vehicle’s alleged tri-axle mass was 30,020kg, an excess mass of 10,020kg. This is 150% of the prescribed mass limit. This is categorised as a severe risk breach. It is a requirement for an operator of a heavy vehicle to ensure the vehicle’s driver does not transport the freight container without a complying container weight declaration. The driver and the company were not able to produce container weight declarations for the two containers. The company had no prior convictions.	Section/Act C1 - s 96(1)(c) HVNL - severe C2 - s 191(1) C3 - s 191(1) Fine $21,000 global penalty Plus prosecution costs Other orders No conviction recorded
17 February 2022 Werribee Magistrates Court Defendant type: Company	A company was observed travelling in a B-double combination, with 2 x 40 foot containers. The company permitted a driver to drive the heavy vehicle without ensuring its components and load, complied with the dimension requirements applying to the vehicle. The vehicle was intercepted, and the load inspected. It was revealed that the vehicle was travelling over the prescribed dimension limits and the prime mover was registered to the incorrect category. The vehicle’s permitted length was 26m. The vehicle’s length was measured at 28.9m, an excess length of 2.9m. This is categorised as a severe risk breach. The prime mover was registered to a SP3 category, which is registered to tow a single semi-trailer. The prime mover was required to be registered to a MC3 category to two 2 semi-trailers. The company had no prior convictions.	Section/Act C1 - s 102(1)(b) HVNL - severe C2 - s 7(2)(b) Road Safety Act 1986 (Vic) Fine C1 - $10,000 C2 - $1,487 Total $11,487 plus prosecutions fees Other orders Conviction recorded
25 June 2021 Colac Magistrates Court Defendant type: Permit - MDL	The defendant was charged with 1 count of failing to obtain a permit which resulted in a severe breach occurring in relation to the length of overhang on the Heavy Vehicle that was being driven under the companies direction; first time offender.	Section/Act C1 - s 102 (1) - severe Fine penalty of $10,000 Plus prosecution fees, Victims of Crime (VOC) levy and no court costs Other orders No conviction recorded
1 July 2021 Dandenong Magistrates Court Defendant: Company	A company was observed travelling in a prime mover towing an extendable heavy trailer, which was loaded with a crane gantry beam. The vehicle was intercepted, and the load inspected. It was revealed that the vehicle was travelling over the prescribed dimension limits. The company did not have a permit for the return trip. Accordingly, the dimensions were assessed against the statutory limits. The allowed length was 19m. The length of the vehicle was 33.5m, an excess length of 14.5m. The allowed width was 2.5m. The width of the vehicle was 2.75m, an excess width of 250mm. A permit would have allowed for a length of 45m and a width of 3.5m. The vehicle was about to cross a railway just prior to the intercept. It was revealed that the company failed to obtain permission to cross the railway. There were a total of 2 pilot vehicles. One of the pilots was not a certified level 2 pilot vehicle driver. There needed to be a minimum of 3 certified pilot vehicles to be used. The company had no prior convictions.	Section/Act C1 - s 102(1)(b) - severe C2 - s 102(1)(b) - severe Fine $20,000 global penalty Plus prosecution fees
27 May 2021 Sunshine Magistrates Court Defendant: Driver	A driver was intercepted driving a heavy vehicle. The load was inspected. It was revealed that the vehicle was travelling over the prescribed dimension limits. The permitted width was 2.5m and the measured width was 2.7m, an excess width of 200mm. Database checks revealed the Defendant was driving without a licence and an unregistered vehicle. The Defendant provided a false name, address and date of birth and eventually provided his real details. The Defendant had prior convictions for driving offences, however no priors for Heavy Vehicle National Law offences.	Section/Act C1 - s 102(1)(b) HVNL - severe C2 - s18(1) Road Safety Act C3 - s 7(1)(a) Road Safety Act C4 - s 59(2) Road Safety Act Other orders Place on a 12-month Community Corrections Order (CCO) to complete 50 hours of unpaid community work Conviction recorded
13 May 2021 Werribee Magistrates Court Defendant: Driver	A driver was intercepted driving a prime mover towing a low loader, which was loaded with a container. The vehicle was intercepted and the load inspected. It was revealed that the vehicle was travelling over the prescribed dimension limits. The vehicle permitted length was 19m. The vehicles length was measured at 20.3m, an excess length of 1.3m.	Section/Act C1- s 102(1)(b) HVNL - severe Fine $10,000 Other orders Conviction recorded
23 April 2021 Broadmeadows Magistrates Court Defendant: Driver	A driver was intercepted driving a heavy vehicle, being a Freightliner tow truck coupled to a refrigerated trailer. It was revealed that the vehicle had breached its mass and dimension requirements. The vehicle was loaded at 124% of the applicable mass limit of the tandem drive. The vehicles allowed length was 26m as the Defendant had a permit, however due to breaching the permit the length reverted to the statutory limit of 19m. The length of the vehicle was 29.06m, an excess length of 10.06m. The Defendant had prior driving matters, however had no priors for Heavy Vehicle National Law matters.	Section/Act C1 - s 96(1) HVNL - severe C2 - s 102(1)(b) HVNL - severe Fine $10,000 global penalty Plus prosecutions costs Other orders Conviction recorded
20 April 2021 Broadmeadows Magistrates Court Defendant: Driver	A driver was intercepted driving a heavy vehicle. It was revealed that the vehicle had breached its loading requirements and dimension requirements. The vehicle was loaded with a Tautliner truck body and chassis and other metal items. The vehicle was only secured by a single 1x50mm strap, and the items on the tray of the truck were loose and completely unrestrained. It was also revealed that the vehicles dimension requirements were not complied with. The permitted width was 2.5m, with an excess width of 380mm. The permitted height was 4.3m, with an excess height of 270mm. The permitted rear overhang was 3.33m, with an excess rear overhang of 1,020mm. The Defendant had priors for minor risk dimension and loading offences against the Heavy Vehicle National Law	Section/Act C1 - s 111(1) HVNL - severe C2 - s 102(1)(b) HVNL width - severe C3 - s 102(1)(b) HVNL height - substantial C4 - s 102(1)(b) HVNL rear overhang - severe Fine $750 Plus prosecution costs Other orders Placed on a 12-month Supervisory Intervention Order (SIO), to complete an educational training course on load restraint and to provide details of completion to the NHVR. Conviction recorded
9 March 2021 Werribee Magistrates Court Defendant: Driver	A driver was intercepted driving a skip bin truck. Database checks revealed that the Defendant’s licence was disqualified. An inspection of the vehicle was conducted. The vehicle was found to be in an unsafe condition. Issues included the brake shoes being worn down to the rivets, front and rear spring shackle buses worn excessively, rear torque rod bushes non-existent and oil leaks to the control unit. The defendant had prior driving matters, however had no priors for Heavy Vehicle National Law matters.	Section/Act C1 - s 30 Road Safety Act C2 - s 89 HVNL Fine $5,000 Plus prosecutions costs Other orders Licence disqualified and cancelled for a period of 18 months. Conviction recorded
19 September 2019 Horsham Magistrates Court Defendant: Company	A company on 2 occasions was observed travelling as a class 1 heavy vehicle along the highway, routine inspection of the combinations indicated that the vehicles, after checking with their mass and dimension exemption permit, were operating outside the conditions of their mass and dimension exemption permit. It was also found that the class 1 heavy vehicles were over length (on both occasions) and over height.	Section/Act C1-C2 - s 102(1)(b) HVNL- length C3 - s102(1)(b) HVNL- height C4 C5 - s129(1) HVNL Fine $36,000 global penalty
19 September 2019 Horsham Magistrates Court Defendant: Driver	Driver intercepted in a heavy vehicle with observation that the vehicle may be overloaded and also observed no load restraint covering the load of soil, which was loaded over the waterline. Heavy vehicle was weighed on portable weighing devices and found to be loaded at 121% of it mass, thus a severe risk mass breach.	Section/Act C1 - s 96(1) HVNL C2 - s 111(1) HVNL Fine $13,000 global penalty

Court details

Offence

Penalty

27 February 2025

Ringwood Magistrates Court

Defendant type: Corporate - AS 12839

On 27 July 2023 NHVR SCO’s intercepted a heavy vehicle which was owned and operated by the corporate defendant. It was loaded with a concrete beam.

The driver produced an OSOM permit to the SCO’s. As the vehicle and its load failed to comply with the load by exceeding the relevant mass and dimension limits, the permit did not apply.

As a result, the following breaches of the HVNL were detected:

1 x s 96(1)(c) – Severe mass breach;
2 x s 102(1)(iii)– Severe dimension breach:

1 x length
1 x width.

The vehicle and its load was 274% of its permitted mass, one of the most serious breaches of its kind.

Section/Act

C1 - s 96(1)(c), HVNL - severe
C2-C3 - s 102(1)(iii), HVNL - severe

Fine

C1 $40,000
C2 $7,000
C3 $7,000

Other orders

Conviction recorded

Educational Points

A defendant that has had a Supervisory Intervention Order (SIO) imposed in the past and a history of offending will not be afforded significant leniency in sentencing in circumstances where that party is established as being familiar with the law and that it should have addressed the breach prior to its occurrence.

13 May 2024

Ringwood Magistrates Court

Defendant type: Individual - AS 9957

The defendant was intercepted by NHVR authorised officers on two occasions.

The officers detected a total of twenty seven separate offences in respect to the defendant’s National Driver Work Diary.

9 offences pursuant to section 250(1) of the HVNL – failure to comply with maximum work limits. There were 3 critical risk breaches, 2 severe risk breaches and 4 minor risk breaches detected.

18 offences pursuant to section 325(1) HVNL – for false or misleading entry in a work record.

The defendant’s Work Diary was compared to various camera sightings. In the majority of the false entry charges, the defendant stated that they were resting however there were camera sightings confirming that the vehicle was moving.

The magistrate accepted the defendant’s early guilty plea and imposed a Supervisory Intervention Order (SIO). The defendant has no relevant prior history.

Section/Act

1x s 250(1)(b), HVNL
3x s 250(1)(a), HVNL
1x s 325(1), HVNL

Fine

$12,000

Other orders

Conviction recorded

Supervisory Intervention Order (SIO)

A 12-month SIO was ordered with the following conditions:

complete training on work diaries.
Use an Electronic Work Diary (EWD) for a period of 12 months, and provide copies of records of the EWD.

Educational Points

Consider implementing an EWD.
Ensure you have read and understood the instructions in the front of the National Driver Work Diary.
Ensure you are familiar with time counting requirements under the HVNL, in line with instructional videos contained on the NHVR website.

23 February 2024

Ringwood Magistrates Court

Defendant type: Individual - AS 5977, 6452, 5841

The defendant was intercepted by Victorian SCOs on two occasions in November 2022 and May 2023.

During the November 2022 intercept, the defendant was found to have been driving while their licence was cancelled. They were advised that they would be prosecuted in relation to this offence.

The SCOs conducted further investigations into the work activity undertaken by the defendant by reference to their work diary and identified persistent offending in the year preceding the intercept.

The same SCO intercepted the defendant again in May 2023. The defendant’s licence was still cancelled.

A significant brief was referred to the prosecution unit and the following charges were laid:
17 x s 325(1) HVNL – make false or misleading entry in work diary.
13 x s 297(1) HVNL – fail to record information in work diary immediately after starting work.
2 x s 30 Road Safety Act – drive while licence cancelled.

Prosecution and defence counsel agreed to resolve the matter by rolling up 16 of the 17 false or misleading charges and all 13 of the failure to record information charges. This resulted in the matter being able to be resolved on a global basis while the magistrate could still take into account the ongoing and serious nature of the offences.

The magistrate accepted the defendant’s early guilty plea, noting that the maximum penalty for their offending was extremely high. The magistrate reminded the defendant that their offending could have resulted in catastrophic consequences.

Section/Act

17 x s 325(1) s 250(1)(a), HVNL
13 x s 297(1) s 250(1)(a), HVNL
2 x s 30, Road Safety Act

Fine

$7,000

Other orders

Conviction recorded

7 September 2023

Dandenong Magistrates Court

Defendant type: Individual - AS 8031

A heavy vehicle was intercepted by Authorised Officers on Dandenong bypass at Keysborough.

Upon inspection, Authorised Officers detected that the vehicle’s load exceeded the permitted length dimension.

The driver advised they had loaded the vehicle and wasn’t aware of the restrictions on length.

Section/Act

s 101(1)(b)(iii), HVNL - severe

Fine

$2,000

Other orders

Conviction recorded

Supervisory Intervention Order (SIO)

A 6-month SIO was ordered with the following conditions:

engage an accredited training provider for dimension training.

20 June 2023

Mildura Magistrates Court

Defendant type: Corporation - AS 4506

Authorised Officers intercepted a prime mover in an AB triple combination which was connected to a tri-axle trailer, a tandem axle dolly and two tri-axle trailers.

The trailers were loaded with three intermodal shipping containers.

Dockets were provided to the Authorised Officers. However, the dockets did not mention the weight of the three containers and their contents.

The intercepted AB triple combination was not allowed to operate in Victoria and required a permit which the Company had not obtained.

The axle was weighed at 19,380kg which was 117% of the prescribed mass limit.

The tri-axle was weighed at 22,980kg which 115% of the prescribed mass limit.

The accused entered an early guilty plea and had no prior court matters.

Section/Act

3 x s191(1), HVNL
2 x s96(1)(b) HVNL –substantial; and
1 x s137, HVNL

Fine

$7,000

21 April 2023

Melbourne Magistrates' Court

Defendant type: Consignor - AS 2944

The accused was a consignor. Investigations revealed that the accused breached its primary safety duty by failing to implement effective systems and procedures to ensure heavy vehicles consigned by it were adequately loaded and restrained.

On 11 November 2019, a heavy vehicle, a prime mover, towed a skeletal semi-trailer carrying a 40-foot shipping container with 26 tonnes of timber plywood.

The heavy vehicle rolled over in Dandenong where no injuries or deaths resulted.

The NHVR’s investigation revealed that the consignor had failed to:

comply with its own Chain of Responsibility policy;
ensure that Australian safety regulations were complied with by:
filling gaps and void spaces suitable material;
securing the load with nets or gates, using shoring bars to stabilise the load; and
using non-slip surface material to prevent the load from shifting;
provide overseas suppliers with instructions regarding compliance with Australian safety regulations;
require records and photographs of the container’s load and restraint to be provided prior to shipping; and
advise the driver and operator of the vehicle on how the load was restrained.

The Magistrate stated that the offending is risk based and it was incredibly fortunate via sheer luck no one was killed; and that general deterrence is the most significant sentencing factor.

The Company made significant improvements to its policies and procedures since the rollover having spent approximately $150,000.

Section/Act

s 26(G), HVNL

Fine

$75,000

7 February 2023

Melbourne Magistrates' Court

Defendant type: Corporate defendant - AS 4062

The defendant company was charged with two counts of permitting drivers to engage in transport activities using heavy vehicles which, combined with their load, were over the allowable mass limit on two separate occasions over the course of one month.

In addition to both offences being in the severe breach category for being over mass, the loads on each occasion were not secured properly.

The magistrate found that this was serious offending, posed a risk to the community, and that a penalty needed to be imposed which would deter other companies from engaging in this type of offending.

Section/Act

C1 – s 96(1)(C) - severe
C1 – s 96(1)(C) - severe

Fine

$9,000 plus prosecution fees

Other orders

Convictions recorded

3 February 2023

Dandenong Magistrates Court

Defendant type: Individual - AS 3688

On 20 October 2021, a heavy vehicle pulled into the Yarragon Weighbridge Westbound in Victoria and the driver was spoken to by the NHVR Authorised Officers. The driver’s NDWD was inspected by the Officer’s and offences were detected throughout that NDWD.

The fatigue offending was detected between 12 August 2021 and 20 October 2021.

The failure to record information offences were identified to have occurred between 6 October 2021 and 20 October 2021.

24 instances where the Defendant had failed to provide records to his record keeper (by removing the appropriate sheet from their NDWD and providing it to their employer) were identified between 19 September 2020 and 28 September 2021. These instances were rolled into one count.

The Defendant indicated that they were not aware of a number of the rules and on other occasions things simply slipped their mind.

Section/Act

5 x s250 - 2 x minor; 1 x substantial; 2 x critical
3 x s301 - failing to record information offences
1 x s322 - failing to provide records to record keeper

Fine

$6490

Other orders

No convictions

10 August 2022

Heidelberg Magistrates Court

Defendant type: Individual

Between 2 October 2021 and 14 December 2021 the accused made eight (8) false or misleading entries in his National Driver Work Diary.

Additionally, on two (2) further occasions the accused failed to record the required information in his National Driver Work Diary when required.

Since the offending, the accused has relocated to Western Australia and at the time of sentence was not operating heavy vehicles interstate

Section/Act

C1- C8 - False or misleading entries in a work record, contrary to s 325 of the HVNL
C9 - Failure to record information in a work record as per the National Regulations, contrary to s 296 of the HVNL
C10 - Fail to record information required to be recorded in a work record immediately after starting work, contrary to s 297 of the HVNL

Fine

$3,500

Other orders

Conviction recorded
Ordered to pay prosecution costs

Supervisory Intervention Order (SIO)

For a period of twelve (12) months, the individual is to use an Electronic Work Diary to monitor and record his work and rest times when required to record his work and rest times as per the Heavy Vehicle National Law and Regulations.

The Electronic Work Diary must be from a company that has been approved by the NHVR to provide Electronic Work Diaries; and
Installation or procurement of the Electronic Work Diary must be completed prior to undertaking any travel that is required to be recorded as per the Heavy Vehicle National Law and Regulations; and
Evidence of the installation or procurement of the Electronic Work Diary must be provided to the NHVR prior to the proposed travel that is required to be recorded as per the Heavy Vehicle National Law and Regulations; and
Entries made in the Electronic Work Diary are to be true and correct. All work and rest hour requirements, as provided for in the Heavy Vehicle National Law and Regulations, must be complied with.

For a period of twelve (12) months, the individual is required to provide copies of his work diary entries to the NHVR.

At the end of each calendar month, the individual is to provide copies of his completed work diary entries to the NHVR for that relevant month; and
In the event no driving work is required to be recorded in a National Driver Work Diary by the individual in the relevant month, written notification of this must be provided to the NHVR.

4 August 2022

Dandenong Magistrates Court

Defendant type: Individual

On 15 September 2021 the individual was observed driving a heavy vehicle, in Doveton, Victoria. The heavy vehicle was intercepted for a compliance check.

The individual was required to have a prescribed alcohol interlock device fitted to any heavy vehicle they operated. The individual had failed to comply with their licence requirements to fit an alcohol interlock device.

In addition, the heavy vehicle's permitted rear overhang limit was 2,340mm. The heavy vehicle's rear overhang was measured at 3,000mm. Taking into account the applicable dimension adjustment, the vehicle's alleged rear overhang was 2,900mm, an excess length of 560mm. The contravention of the heavy vehicle's permitted rear overhang resulted in a Substantial risk breach.

Since the date of offending, the individual no longer works in the heavy vehicle industry.

Section/Act

C1 - s 50AAD(1)(A) Road Safety Act
C2 - s 111 HVNL - substantial risk breach

Fine

Aggregate fine of $800

Other orders

Conviction recorded
Order to pay prosecution costs

Supervisory Intervention Order (SIO)

Within the period of twelve (12) months of the signing of the Order, if the individual is to operate a heavy vehicle, prior to undertaking any transport activity, the individual must engage an accredited trainer and complete a training course in respect of mass, dimension and loading requirements under the Heavy Vehicle National Law and Regulations.

Prior to undertaking any training, the details of the training provider and proposed training content are to be supplied to the NHVR;
The training must not be undertaken unless the NHVR has confirmed that the relevant training provider proposed is sufficiently accredited and that the course proposed sufficiently addresses the requirements of the Order;
The training must include training in respect of:
- Compliance with Mass requirements relevant to heavy vehicles;
- Compliance with Dimension requirements relevant to heavy vehicles;
- Compliance with Loading requirements relevant to heavy vehicles;
- Requirements and obligations concerning mass, dimension or loading provided for by the Heavy Vehicle National Law and Regulations.

Within one (1) month of training being completed, the individual must provide evidence that he has completed the training to the NHVR

At the end of each calendar month, for a period of twelve (12) months, the individual must confirm, in writing, to the NHVR whether he undertook any transport activities in a heavy vehicle in the preceding month.

4 August 2022

Dandenong Magistrates Court

Defendant type: Company - operator

On 17 June 2020 a company was observed travelling in prime mover compromising of one, two tyred steer axle, together with one, eight tyred dual-drive tandem axle group. It was towing a two-axle sixteen tyred low loader dolly, which was connected to a five-axle forty tyred low loader. The heavy vehicle was loaded with a Tadano crane.

The company allowed the vehicle to travel on a non-approved route as per the Multi-State Class 1 Load Carrying Vehicle Mass Exemption Notice 2020 (No. 1) Schedule 4. A permit was produced but this permit was not valid for the trip.

The company permitted a driver to drive the heavy vehicle without ensuring its components and load, complied with the applicable loading and mass requirements applying to the vehicle.

The statutory permitted mass was 43,000kg. The alleged mass was 102,400kg. This is 238% of the prescribed mass limits (severe risk breach). The load, the Tadano crane weighed 57,900kg. The way it was loaded did not comply with the performance standards. This resulted in a substantial risk breach.

It did not comply with the Load Restraint Guide, specifically:

The load had rubber tyres which was sitting on smooth unpainted steel deck providing a medium friction coefficient;
There were a total of eight 10mm chains crossed with two chains on each of the number 1,2,4 and 5 axles of the crane;
The chains were in a single string format, tensioned by one ratchet dog per chain;
It was observed that one of the open winged hooks of the ratchet dogs was hooked directly onto the load deck of the trailer with the other end being connected to the chain.

The company entered a plea of guilty and had two relevant prior court matters.

Section/Act

C1 - s 96(1)(c) - severe risk breach
C2 - s 111(1)(b) - substantial risk breach

Fine

Aggregate fine of $8,000

Other orders

Conviction recorded
Ordered to pay prosecution costs

Supervisory Intervention Order (SIO)

Placed on a 6 month Supervisory Intervention Order to complete the following conditions:

Within one (1) month of this Order being made, to engage a training provider to provide training to all senior management and persons responsible for the operations of transport activities within the company.

Prior to undertaking any training, the details of the training provider and proposed training content are to be supplied to the NHVR
The training must not be undertaken unless the NHVR has confirmed that the relevant training provider proposed is sufficiently accredited and that the course proposed sufficiently addresses the requirements of this Order;
The training must include training in respect of:
- Compliance with Mass requirements relevant to heavy vehicles;
- Compliance with Loading requirements relevant to heavy vehicles;
- Oversize Overmass (OSOM) vehicles and the requirements;
- Network maps for heavy vehicles as outlined in the VicRoads website;
- Obligations in the Multi-State Class 1 Load Carrying Mass Exemption Notice 2020 (No. 1).

Within six (6) months of this Order being made, to provide to the NHVR the names and training records of all persons who complete the training.

To provide to the NHVR the content of the training, including copies of any systems or written procedures implemented as a result of the training.

11 July 2022

Wangaratta Magistrates Court

Defendant type: CoR - Operator

The accused faced a single charge of breaching section 26G of the HVNL. The accused failed to ensure the safety of his transport activities by failing to implement appropriate induction systems for drivers, fitness to drive procedures, and fatigue management.

Section/Act

C1 - s 26G

Fine

$50,000

Other orders

Conviction recorded

11 July 2022

Frankston Magistrates Court

Defendant type: Individual

On 17 July 2019 a driver was observed driving in Dandenong North and was intercepted by Victoria police. Licence checks were conducted which revealed that the driver’s licence had been disqualified as a result of a Traffic Infringement Notice for a period of 13 months. The heavy vehicle was loaded with an excavator that had been inadequately restrained. This was categorised as a minor risk breach.

On 24 September 2019 the driver was again observed driving a heavy vehicle being an Isuzu tipper towing a semi tray in Brighton. The driver was intercepted by VicRoads authorised officers. Licence checks were conducted which revealed that the driver’s licence had been disqualified. The heavy vehicle was loaded with a 3,600kg excavator which had been inadequately restrained. It was restrained by one chain looped through the rear of the machine and one strap over the two stacked buckets of the machine and was unblocked. This was insufficient restraint. This was categorised as a substantial risk breach.

On 18 October 2021 the driver was observed driving a heavy vehicle, being a Kenworth tipper and was intercepted by NHVR officers in Cranbourne. Licence checks revealed they were disqualified from driving. The reason for the disqualification was due to a previous drink driving matter. The driver made admissions that he did not advise his employer that his licence was disqualified.

The driver had prior driving matters.

Section/Act

C1 - s 30 Road Safety Act 1986 (17 July 2019)
C2 - s 111(1)(a) HVNL (17 July 2019) - minor risk breach
C3 - s 30 Road Safety Act 1986 (24 September 2019)
C4 - s 111(1)(a) HVNL (24 September 2019) - substantial risk breach
C5 - s 30 Road Safety Act 1986 (18 October 2021)
C6 - s 32(3) – Road Safety Act 1986 (18 October 2021)

Fine

C1, C3, C5 - $1,800
C2, C4 - $1,200
C7 - $300
Total fine of $3,300

Other orders

Convictions recorded for all charges
The drivers licence was disqualified for a period of 12 months commencing on 11 July 2022

6 July 2022

Melbourne Magistrates Court

Defendant type: Company

On 18 November 2021 a company was observed travelling in heavy vehicle, namely a 3-axle prime mover in a combination with a 2x4 (8 tyre load sharing dolly) and 4x8 (16 tyre low loader dolly float). The heavy vehicle was loaded with an excavator.

The vehicle was detected on a non-approved route as per the Class 1 Load Carrying Vehicle Dimension Exemption Notice and the Class 1 Load Carrying Vehicle Mass Exemption Notice. The company did not have a permit for the trip.

The company permitted a driver to drive the heavy vehicle without ensuring its components and load, complied with the applicable dimension and mass requirements applying to the vehicle.

The statutory permitted length was 19m. The alleged length was 26.1m, an excess length of 7.1m (severe risk breach).

The statutory permitted width was 2.5m. The alleged length was 4.23m, an excess width of 1.73m (severe risk breach).

The statutory permitted height was 4.3m. The alleged height was 4.46m, an excess height of 160mm (substantial risk breach).

The permitted mass was 43,000kg. The alleged mass of the vehicle was 80,860kg, an excess mass of 37,860kg. This is 188% of the prescribed mass limit (severe risk breach).

The company entered a plea of guilty at the earliest opportunity and had two relevant prior matters.

Section/Act

C1 - s. 102(1)(b)(iii) - severe risk breach
C2 - s. 102(1)(b)(iii) - severe risk breach
C3 - s. 102(1)(b)(ii) - substantial risk breach
C4 - s. 96(1)(c) - severe risk breach

Fine

Aggregate fine of $8,000

Other orders

No conviction recorded
Ordered to pay prosecution costs

Supervisory Intervention Order (SIO)

Placed on a 6 month Supervisory Intervention Order to complete the following conditions:

Prior to undertaking any training, the details of the training provider and proposed training content are to be supplied to the NHVR
The training must not be undertaken unless the NHVR has confirmed that the relevant training provider proposed is sufficiently accredited and that the course proposed sufficiently addresses the requirements of this Order;
The training must include training in respect of:
- Compliance with Mass requirements relevant to heavy vehicles;
- Compliance with Dimension requirements relevant to heavy vehicles;
- Oversize Overmass (OSOM) vehicles and the requirements;
- Network maps for heavy vehicles as outlined in the VicRoads website;
- Obligations in the Multi-State Class 1 Load Carrying Vehicle Dimension Exemption Notice 2022 (No. 1);
- Obligations in the Multi-State Class 1 Load Carrying Mass Exemption Notice 2020 (No. 1).

Within six (6) months of this Order being made, to provide to the NHVR the names and training records of all persons who complete the training

To provide to the NHVR the content of the training, including copies of any systems or written procedures implemented as a result of the training

28 June 2022

Mildura Magistrates Court

Defendant type: Company

The company was charged with one count of permitting its driver to drive a heavy vehicle on a road without complying with the loading requirements applying to the vehicle.

The vehicle was carrying a load of bricks. Part of the load fell onto the road, nature strip and footpath near a retail shopping area and car park.

This was a severe risk breach.

This posed an appreciable safety risk to any pedestrians, drivers of other vehicles, or other road users in the vicinity of the fallen bricks.

The company had no prior convictions.

Section/Act

C1 - s111(1)(c) - severe risk breach

Fine

$5,000
Plus prosecution fees

Other orders

Conviction not recorded

5 April 2022

Geelong Magistrates' Court

Defendant type: Company

The defendant was charged with 1 count of permitting another to operate a vehicle exceeding mass limit – severe risk breach; first time offender.

The vehicle was transporting an excavator and the accused permitted a person to drive a heavy vehicle towing a quad axle low loader while exceeding the mass limit on the quad axle trailer. The alleged mass on quad axle was 39.64 tonnes and this exceeded the permitted mass (under exemption) of 35 tonnes. As a result the vehicle was 198.2% of the maximum allowed legislative mass limit of 20 tonnes and the offence was a severe risk breach. The location of excavator on the trailer was able to be adjusted to bring the load on the quad axle to under 35 tonnes, however this had not been done.

Section/Act

C1 - s 96(1) - severe risk breach

Fine

$10,000
Plus prosecution fees

Other orders

Conviction not recorded

10 March 2022

Werribee Magistrates Court

Defendant type: Company

A company was observed travelling in a 3-axle prime mover, towing 2, 3-axle semi-container carriers in Laverton North. The A trailer was loaded with a 20-foot container and the B trailer was loaded with a 40-foot container.

The company permitted a driver to drive the heavy vehicle without ensuring its components and load, complied with the mass requirements applying to the vehicle.

The vehicle was intercepted, and the load inspected. It was revealed that the vehicle was travelling over the prescribed mass limits.

The vehicle’s permitted mass on the tri-axle was 20,000kg. The vehicle’s alleged tri-axle mass was 30,020kg, an excess mass of 10,020kg. This is 150% of the prescribed mass limit. This is categorised as a severe risk breach.

It is a requirement for an operator of a heavy vehicle to ensure the vehicle’s driver does not transport the freight container without a complying container weight declaration. The driver and the company were not able to produce container weight declarations for the two containers.

The company had no prior convictions.

Section/Act

C1 - s 96(1)(c) HVNL - severe
C2 - s 191(1)
C3 - s 191(1)

Fine

$21,000 global penalty
Plus prosecution costs

Other orders

No conviction recorded

17 February 2022

Werribee Magistrates Court

Defendant type: Company

A company was observed travelling in a B-double combination, with 2 x 40 foot containers. The company permitted a driver to drive the heavy vehicle without ensuring its components and load, complied with the dimension requirements applying to the vehicle.

The vehicle was intercepted, and the load inspected. It was revealed that the vehicle was travelling over the prescribed dimension limits and the prime mover was registered to the incorrect category.

The vehicle’s permitted length was 26m. The vehicle’s length was measured at 28.9m, an excess length of 2.9m. This is categorised as a severe risk breach.

The prime mover was registered to a SP3 category, which is registered to tow a single semi-trailer. The prime mover was required to be registered to a MC3 category to two 2 semi-trailers.

The company had no prior convictions.

Section/Act

C1 - s 102(1)(b) HVNL - severe
C2 - s 7(2)(b) Road Safety Act 1986 (Vic)

Fine

C1 - $10,000
C2 - $1,487
Total $11,487 plus prosecutions fees

Other orders

Conviction recorded

25 June 2021

Colac Magistrates Court

Defendant type: Permit -
MDL

The defendant was charged with 1 count of failing to obtain a permit which resulted in a severe breach occurring in relation to the length of overhang on the Heavy Vehicle that was being driven under the companies direction; first time offender.

Section/Act

C1 - s 102 (1) - severe

Fine

penalty of $10,000
Plus prosecution fees, Victims of Crime (VOC) levy and no court costs

Other orders

No conviction recorded

1 July 2021

Dandenong Magistrates Court

Defendant: Company

A company was observed travelling in a prime mover towing an extendable heavy trailer, which was loaded with a crane gantry beam.

The vehicle was intercepted, and the load inspected. It was revealed that the vehicle was travelling over the prescribed dimension limits. The company did not have a permit for the return trip. Accordingly, the dimensions were assessed against the statutory limits.

The allowed length was 19m. The length of the vehicle was 33.5m, an excess length of 14.5m.

The allowed width was 2.5m. The width of the vehicle was 2.75m, an excess width of 250mm.

A permit would have allowed for a length of 45m and a width of 3.5m.

The vehicle was about to cross a railway just prior to the intercept. It was revealed that the company failed to obtain permission to cross the railway.

There were a total of 2 pilot vehicles. One of the pilots was not a certified level 2 pilot vehicle driver. There needed to be a minimum of 3 certified pilot vehicles to be used.

The company had no prior convictions.

Section/Act

C1 - s 102(1)(b) - severe
C2 - s 102(1)(b) - severe

Fine

$20,000 global penalty
Plus prosecution fees

27 May 2021

Sunshine Magistrates Court

Defendant: Driver

A driver was intercepted driving a heavy vehicle.

The load was inspected. It was revealed that the vehicle was travelling over the prescribed dimension limits. The permitted width was 2.5m and the measured width was 2.7m, an excess width of 200mm.

Database checks revealed the Defendant was driving without a licence and an unregistered vehicle.

The Defendant provided a false name, address and date of birth and eventually provided his real details.

The Defendant had prior convictions for driving offences, however no priors for Heavy Vehicle National Law offences.

Section/Act

C1 - s 102(1)(b) HVNL - severe
C2 - s18(1) Road Safety Act
C3 - s 7(1)(a) Road Safety Act
C4 - s 59(2) Road Safety Act

Other orders

Place on a 12-month Community Corrections Order (CCO) to complete 50 hours of unpaid community work
Conviction recorded

13 May 2021

Werribee Magistrates Court

Defendant: Driver

A driver was intercepted driving a prime mover towing a low loader, which was loaded with a container.

The vehicle was intercepted and the load inspected. It was revealed that the vehicle was travelling over the prescribed dimension limits.

The vehicle permitted length was 19m. The vehicles length was measured at 20.3m, an excess length of 1.3m.

Section/Act

C1- s 102(1)(b) HVNL - severe

Fine

$10,000

Other orders

Conviction recorded

23 April 2021

Broadmeadows Magistrates Court

Defendant: Driver

A driver was intercepted driving a heavy vehicle, being a Freightliner tow truck coupled to a refrigerated trailer.

It was revealed that the vehicle had breached its mass and dimension requirements.

The vehicle was loaded at 124% of the applicable mass limit of the tandem drive. The vehicles allowed length was 26m as the Defendant had a permit, however due to breaching the permit the length reverted to the statutory limit of 19m. The length of the vehicle was 29.06m, an excess length of 10.06m.

The Defendant had prior driving matters, however had no priors for Heavy Vehicle National Law matters.

Section/Act

C1 - s 96(1) HVNL - severe
C2 - s 102(1)(b) HVNL - severe

Fine

$10,000 global penalty
Plus prosecutions costs

Other orders

Conviction recorded

20 April 2021

Broadmeadows Magistrates Court

Defendant: Driver

A driver was intercepted driving a heavy vehicle.

It was revealed that the vehicle had breached its loading requirements and dimension requirements.

The vehicle was loaded with a Tautliner truck body and chassis and other metal items. The vehicle was only secured by a single 1x50mm strap, and the items on the tray of the truck were loose and completely unrestrained.

It was also revealed that the vehicles dimension requirements were not complied with. The permitted width was 2.5m, with an excess width of 380mm. The permitted height was 4.3m, with an excess height of 270mm. The permitted rear overhang was 3.33m, with an excess rear overhang of 1,020mm.

The Defendant had priors for minor risk dimension and loading offences against the Heavy Vehicle National Law

Section/Act

C1 - s 111(1) HVNL - severe
C2 - s 102(1)(b) HVNL width - severe
C3 - s 102(1)(b) HVNL height - substantial
C4 - s 102(1)(b) HVNL rear overhang - severe

Fine

$750
Plus prosecution costs

Other orders

Placed on a 12-month Supervisory Intervention Order (SIO), to complete an educational training course on load restraint and to provide details of completion to the NHVR.
Conviction recorded

9 March 2021

Werribee Magistrates Court

Defendant: Driver

A driver was intercepted driving a skip bin truck.

Database checks revealed that the Defendant’s licence was disqualified.

An inspection of the vehicle was conducted. The vehicle was found to be in an unsafe condition. Issues included the brake shoes being worn down to the rivets, front and rear spring shackle buses worn excessively, rear torque rod bushes non-existent and oil leaks to the control unit.

The defendant had prior driving matters, however had no priors for Heavy Vehicle National Law matters.

Section/Act

C1 - s 30 Road Safety Act
C2 - s 89 HVNL

Fine

$5,000
Plus prosecutions costs

Other orders

Licence disqualified and cancelled for a period of 18 months.
Conviction recorded

19 September 2019

Horsham Magistrates Court

Defendant: Company

A company on 2 occasions was observed travelling as a class 1 heavy vehicle along the highway, routine inspection of the combinations indicated that the vehicles, after checking with their mass and dimension exemption permit, were operating outside the conditions of their mass and dimension exemption permit. It was also found that the class 1 heavy vehicles were over length (on both occasions) and over height.

Section/Act

C1-C2 - s 102(1)(b) HVNL- length
C3 - s102(1)(b) HVNL- height
C4 C5 - s129(1) HVNL

Fine

$36,000 global penalty

19 September 2019

Horsham Magistrates Court

Defendant: Driver

Driver intercepted in a heavy vehicle with observation that the vehicle may be overloaded and also observed no load restraint covering the load of soil, which was loaded over the waterline. Heavy vehicle was weighed on portable weighing devices and found to be loaded at 121% of it mass, thus a severe risk mass breach.

Section/Act

C1 - s 96(1) HVNL
C2 - s 111(1) HVNL

Fine

$13,000 global penalty

Case learnings

Primary duty court matters

Primary duty matters comparative sentencing schedule under the HVNL.

Comparative Sentencing Schedule HVNL - Primary Duty Matters (PDF, 356KB)

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