Help with NHVR fines, fatigue and work diary charges, and Court
For a professional driver, a heavy vehicle offence can cost more than the fine. It can affect your licence, your work record and your next job.
Whether you’ve been handed an infringement notice at the roadside or received a Court Attendance Notice in the mail, Eric will explain your options in plain English and represent you in Court if needed.
Each option has risks and benefits. Get advice before you pay, write to the NHVR or go to Court.
An infringement notice lets you either pay the penalty or elect to have the matter decided by a Court. The infringement amount is 10% of the maximum penalty a Court could impose. More serious offences can’t be dealt with by an infringement and go straight to Court.
You can also write to the NHVR asking it to review or withdraw an infringement notice or a charge. If the NHVR agrees, it can be withdrawn with no further action.
If you receive a Court Attendance Notice, the NHVR is prosecuting you and you must attend Court.
If you drive a fatigue-regulated heavy vehicle, you must use a work diary when you:
Under BFM, AFM, Alternative Compliance Hours or exemption hours, you need a work diary even when you stay within 100km of base. Under standard hours within 100km, your record keeper must keep a local area record instead.
If your written work diary is lost, stolen or destroyed, you can only use a supplementary record for up to seven business days before you need a replacement diary.
The NHVR announced changes to the written work diary from 1 August 2026. If you’ve been charged with a work diary offence, get advice on which rules applied on the day.
The NHVR uses GPS and number-plate camera data to check work diary entries. False or misleading entries are treated seriously, so get advice before answering questions about your diary.
The category of breach decides the penalty you face, so checking how it was calculated is one of the first things Eric does.
Read more about fatigue offencesBreaches of work and rest hours are graded by risk: minor, substantial, severe or critical. Where your breach falls depends on how far over the limit you were and which work and rest hours option you were working under.
NHVR authorised officers can inspect your work and rest records. They also have extra powers if they believe you’re impaired by fatigue, have breached your work and rest hours, or can’t produce your work diary without a reasonable excuse.
Mass, dimension and loading breaches are also graded by risk. For example, a mass breach becomes a severe risk breach once the vehicle is at 120% or more of its maximum mass.
These charges often involve the operator, consignor or loader as well as the driver. Eric looks at who controlled the load and what you could reasonably have known.
If you’re an owner-driver facing an NHVR investigation or notice, Eric can advise on both your obligations as a driver and as a business.
An employed driver is not usually a Chain of Responsibility party. But if you own and operate your own truck, you are — which means you also have a Primary Duty to ensure the safety of your transport activities, so far as is reasonably practicable.
Legal help for transport businessesFine reduced from $2,250 to $350.
$2,250 in total fines.
$1,000 fine.
Case outcomes depend on the individual facts and circumstances of each matter. Past results do not guarantee or predict future outcomes.
See All Results for Truck Drivers →You can pay it or elect to go to Court, and you can also ask the NHVR to review it. Get advice first if you think the fine is wrong or it could affect your licence or job.
If you drive a fatigue-regulated heavy vehicle more than 100km from your base under standard hours, or under BFM, AFM, Alternative Compliance Hours or exemption hours at any distance.
It’s the highest of the four risk categories for work and rest breaches. The thresholds depend on the work and rest hours option you were working under.
It means the NHVR is prosecuting you and you must go to Court. Get legal advice before your first Court date.
Yes. As an owner and operator, you’re a Chain of Responsibility party with a Primary Duty, on top of your obligations as a driver.
Send through your fine, notice or Court papers. Eric will explain your options and what he recommends.
Call Eric 0401 937 269
