The short version
- Maximum penalty: $28,230 (1 August 2026 to 30 June 2027).
- There is no infringement notice. It is a court-only offence.
- You can be charged if you knew, or ought reasonably to have known, the entry was false or misleading.
- Leaving information out can also be misleading.
- Employers, operators and schedulers can be charged too.
In this article
From 1 August 2026, the maximum penalty for a false or misleading entry in a work diary is $28,230. There is no on-the-spot fine. If you are charged, the matter goes to court.
This guide explains the penalty, what counts as a false or misleading entry, how the National Heavy Vehicle Regulator (NHVR) finds them and what happens if you are charged.
What Is the Penalty?
False or misleading entry in a work record
Infringement fine: none – court only
Maximum court penalty: $28,230
Changes to the Heavy Vehicle National Law (HVNL) that started on 1 August 2026 doubled the maximum penalty. The previous maximum, $14,120 at 2026–27 rates, still applies to drivers working under Basic Fatigue Management (BFM) or Advanced Fatigue Management (AFM) accreditation approved before 1 August 2026.
The NHVR schedule lists no demerit points for this offence. But the work and rest hours breaches that often come with it can carry demerit points. A severe breach carries 3 points and a critical breach carries 4.
What Counts as a False or Misleading Entry?
The NHVR says you must not include anything in a work record that you know, or ought reasonably to know, is false or misleading. The HVNL does not define those words, so they have their ordinary meaning. Information can be false even if you mistakenly believed it was true, and a statement that is technically true can still be misleading. Leaving information out to create an incomplete record can also be misleading.
Common examples include:
- recording a rest break you did not take
- changing start or finish times so a shift looks compliant
- recording the wrong location or odometer reading
- writing up entries later that do not match what actually happened
- leaving out work, such as loading, unloading or a second job.
You do not have to set out to deceive anyone.
You can be charged if you ought reasonably to have known the entry was wrong.
Related Offences With High Penalties
These work record offences are also court-only. Maximum penalties from 1 August 2026 to 30 June 2027:
Defacing or changing work records
Infringement fine: none – court only
Maximum court penalty: $28,230
Removing pages from a written work diary
Infringement fine: none – court only
Maximum court penalty: $28,230
Making entries in someone else’s work records
Infringement fine: none – court only
Maximum court penalty: $28,230
Destroying particular work records
Infringement fine: none – court only
Maximum court penalty: $28,230
False representation about work records
Infringement fine: none – court only
Maximum court penalty: $28,230
Possessing purported work records
Infringement fine: none – court only
Maximum court penalty: $28,230
Tampering with an electronic work diary or approved recording system
Infringement fine: none – court only
Maximum court penalty: $28,230
Keeping two work diaries at the same time
Infringement fine: none – court only
Maximum court penalty: $14,120
Giving the NHVR false or misleading statements or documents
Infringement fine: none – court only
Maximum court penalty: up to $28,230
Lower maximums may apply to some of these offences for drivers under BFM or AFM accreditation approved before 1 August 2026.
For the everyday recording errors that lead to smaller fines, read our guide to NHVR log book fines and common mistakes.
Questioned about your work diary entries?
Get advice before you explain or defend particular entries. What you say can become evidence.
How False Entries Are Found
Work diary entries are rarely checked on their own. Investigators compare them with other records, such as:
- GPS and electronic work diary data
- fuel records
- heavy vehicle sightings, including camera detections
- business records such as run sheets, delivery dockets and pay records, which investigators can require you to produce.
In one NHVR investigation, analysis of work diaries, fuel records, GPS data and heavy vehicle sightings uncovered 93 instances of false or misleading information, alongside work and rest and speeding offences.
The NHVR also gives the example of a driver who recorded breaks he never took. When questioned, he insisted the entries were correct. After further investigation, he was issued a court attendance notice for providing false or misleading information, plus fines for the work and rest hours breaches.
Who Else Can Be Charged?
It is not just the driver. Employers, prime contractors, operators and schedulers must take steps to make sure drivers comply with the work diary rules. That offence carries a maximum of up to $14,120.
Asking, directing or requiring a driver to do something that would break the fatigue rules is a separate offence, with a maximum of $28,230. Under the chain of responsibility laws, businesses can also face primary duty charges if their rosters or schedules push drivers to falsify records.
What Happens If You Are Charged?
You will usually receive a court attendance notice and the matter will be listed in the Local Court. It is a criminal charge, so the outcome matters for your record and your work. Read more in our guide to HVNL prosecutions in NSW.
If you are questioned at the roadside or contacted later, comply with lawful requirements, such as producing your work diary. Before you explain or defend particular entries, get advice. What you say can become evidence.
Related guides: read more about who needs a work diary and what goes in it, NHVR log book fines and what to do after a fatigue breach in NSW.
Frequently Asked Questions
Is there an on-the-spot fine for a false work diary entry?
No. There is no infringement notice. The matter goes to court, where the maximum penalty is $28,230.
Do I get demerit points for a false entry?
The NHVR schedule lists no demerit points for this offence. But related work and rest hours breaches can carry 3 or 4 demerit points.
What if I made an honest mistake?
A genuine mistake is not automatically an offence. The question is whether you knew, or ought reasonably to have known, the entry was false or misleading. Never remove pages to fix an error, as that is a separate offence. If you are questioned about an entry, get advice before you respond.
Can my employer be charged?
Yes. Employers, operators and schedulers have their own duties, and asking or pressuring a driver to break the rules is a separate offence.
Speak With Eric Before You Respond
False entry charges often turn on small details, such as how time was counted and what the other records really show. Many NHVR matters are won or lost early, before they reach court.
Eric Navea is a former Senior Prosecutor at the NHVR. He understands how investigators compare work diaries against other records and how false entry cases are built.
As a heavy vehicle lawyer, Eric focuses on heavy vehicle and NHVR defence, acting for truck drivers and transport businesses across NSW. See how Eric defends logbook offences.
Received a court attendance notice or a letter from the NHVR about your work diary? Speak with Eric before you respond.
Speak With Eric Before You RespondDisclaimer
This article is general information only and is not legal advice. Penalty amounts are from the NHVR schedule for 1 August 2026 to 30 June 2027 and are indexed each year. Case outcomes depend on the individual facts and circumstances of each matter.
Sources (accessed 25 October 2026)
- NHVR – HVNL Schedule of Infringement Penalties and Demerit Points, 1 August 2026 to 30 June 2027
- NHVR – Regulatory Advice: Providing false or misleading information to the NHVR
- NHVR – Action against a company after discovering systemic fatigue management and other serious breaches (8 November 2023)
- NHVR – Work diary
- NHVR – Record keeping requirements