Truck Drivers
Showing 1–5 of 5 case results
Low-Clearance Collision — Licence Suspension Reduced
- 1 × Disobeying a low-clearance sign
- 1 × Contravening a condition of an exemption notice
- Six-month MC licence suspension imposed by Transport for NSW under clause 66 of the Road Transport (Driver Licensing) Regulation
- $5,500 for disobeying the low-clearance sign
- $8,250 for contravening the exemption-notice condition
The client’s heavy vehicle was transporting a large concrete slab when it collided with the underside of a rail bridge. An appeal was lodged against the six-month licence suspension.
The client elected to have the penalty notices determined by the Court to seek reduced penalties and avoid a conviction, relying on this being his first offence. The original penalty notices were $4,783 and $825.
The Court imposed a $3,000 fine for disobeying the low-clearance sign and a $500 fine for contravening the exemption-notice condition. On appeal, the licence suspension was reduced from six months to three months.
20 Fatigue Offences — No Conviction Recorded
Over a two-month period, the client worked a total of 14 hours within a 24-hour period. Because of language barriers, he believed that he was permitted to work under Basic Fatigue Management.
It was accepted that the client had failed to exercise due diligence by ensuring that he held the necessary induction documents. Since the offending, he had committed no further offences and had begun working for an employer with proper induction documentation.
Despite total maximum penalties of $411,800, the Court imposed a total fine of $13,000 and recorded no conviction. The prosecution sought $2,500 in costs, which was reduced to $2,000.
Work Diary Appeal — Fine Reduced to $350
The client understated his rest time by 45 minutes. Parramatta Local Court initially imposed a fine of $2,250.
Although a conviction could not be avoided, the District Court accepted that the client’s financial circumstances had changed and that he had limited capacity to pay the original fine.
On appeal, the fine was reduced to $350.
Multiple Fatigue Offences
- 2 × Solo driver working more than the standard maximum work time – Critical Risk Breach
- 1 × Solo driver working more than the standard maximum work time – Substantial Risk Breach
- $20,590 for each critical risk offence
- $8,250 for the substantial risk offence
A heavy vehicle driver faced three fatigue management charges under the Heavy Vehicle National Law, including two critical risk breaches and one substantial risk breach.
Despite a total maximum penalty exposure of $49,430, the matter was finalised with fines of $750 for each offence, resulting in a total of $2,250.
Critical Fatigue Offence
A heavy vehicle driver faced a critical fatigue management offence under the Heavy Vehicle National Law.
Despite facing a maximum penalty of $19,960, the matter was finalised with a $1,000 fine.