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Truck Drivers
Case outcomes depend on the individual facts and circumstances of each matter. Past results do not guarantee or predict future outcomes.
Low-Clearance Collision — Licence Suspension Reduced
Faced up to $8,250Fines reduced — suspension cut to 3 months
| Court | Burwood Local Court |
|---|---|
| Date | September 2026 |
| Client type | MC driver with more than five years’ experience and owner-operator of his own prime mover |
| Charges | 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 |
| Maximum penalty | $5,500 for disobeying the low-clearance sign $8,250 for contravening the exemption-notice condition |
Result
FINES REDUCED — SUSPENSION CUT TO 3 MONTHS
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
Faced up to $411,800$13,000 total fine — no conviction recorded
| Court | Brisbane Magistrates Court |
|---|---|
| Date | August 2026 |
| Client type | MC driver with more than five years’ experience; subcontractor with limited experience as a BFM driver |
| Charges | 20 × Exceeding the standard maximum work time |
| Maximum penalty | $20,590 for each offence Total maximum exposure: $411,800 |
Result
$13,000 TOTAL FINE — 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
Faced up to $13,310Fine reduced from $2,250 to $350
| Court | Parramatta District Court |
|---|---|
| Date | March 2026 |
| Client type | MC driver with more than five years’ experience who had left the industry by the time of the appeal |
| Charges | 1 × Making a false or misleading entry in a work diary |
| Maximum penalty | $13,310 |
Result
FINE REDUCED FROM $2,250 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
Faced up to $49,430$2,250 in fines
| Court | Liverpool Local Court |
|---|---|
| Date | February 2026 |
| Charges | 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 |
| Maximum penalty | $20,590 for each critical risk offence $8,250 for the substantial risk offence Total maximum exposure: $49,430 |
Result
$2,250 IN FINES
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
Faced up to $19,960$1,000 fine
| Court | Downing Centre Local Court |
|---|---|
| Date | November 2025 |
| Charges | Two-up driver resting for less than the standard minimum rest period – Critical Risk Breach |
| Maximum penalty | $19,960 |
Result
$1,000 FINE
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.
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