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Heavy vehicle drivers are required by law to record their work and rest hours accurately. These requirements exist to protect both drivers and other road users by reducing fatigue-related accidents on NSW roads.
If you have been charged with a logbook or fatigue offence under the Heavy Vehicle National Law (HVNL), you should seek legal advice immediately. These matters carry significant penalties, including large fines and, in some cases, disqualification from driving.
Astor Legal regularly represents truck drivers and operators facing NHVR investigations and court proceedings. We can advise you on your rights, review the evidence, and help you achieve the best possible outcome.
Under the National Heavy Vehicle Regulator (NHVR), logbooks are used to monitor how long drivers work and rest. The purpose is simple: to ensure drivers are adequately rested and fit to drive, reducing the risk of fatigue-related crashes.
Drivers of vehicles over 12 tonnes Gross Vehicle Mass (GVM) are required to record their hours in a National Driver Work Diary (often known as a logbook), unless they are exempt under fatigue management laws.
The logbook must be kept up to date, accurate, and available for inspection at any time. Failing to do so can result in substantial penalties.
The NHVR enforces strict rules to ensure all heavy vehicle drivers comply with fatigue management laws. The key obligations include:
Any breach of these obligations is treated seriously. Even minor paperwork errors can lead to fines if the information is deemed incomplete or inaccurate.
Drivers and operators may face penalties for a range of breaches, including:
Each of these offences is treated differently depending on its severity. However, all can lead to fines, demerit points, or licence suspension.
Courts consider logbook and fatigue offences to be serious because they affect road safety. Repeated or deliberate breaches can also impact your accreditation or eligibility to drive heavy vehicles.
The penalties for offences vary depending on the nature of the breach. Some of the most common offences include:
Failing to Keep a Logbook
Drivers must carry and maintain their logbook unless exempt. Failure to do so can lead to demerit points, a possible licence suspension, and a maximum fine of $7,580.
Misleading Work Diary Entries
It is an offence to knowingly record false or misleading information in a work diary. Altering entries or providing incorrect details can result in demerit points, a possible licence suspension, and fines of up to $13,310.
Exceeding Work Hour Limits
Standard work limits for solo drivers are 12 hours in 24 hours. Under Basic Fatigue Management (BFM) accreditation, this may increase to 14 hours. Exceeding these limits can lead to demerit points, a possible licence suspension, and fines ranging from $530 for minor breaches to $19,960 for critical risk offences.
Failing to Record Rest Breaks
Drivers must take and record all required rest periods. Failure to do so can result in demerit points, and a possible licence suspension. Financial penalties range from $530 for infringement notices to $19,960 in court for severe breaches, particularly when connected with a road accident.
Incomplete or Incorrect Logbook Records
All logbook entries must be legible and contain accurate details such as start and finish times, odometer readings, and rest locations. Missing or incorrect information can attract demerit points, a possible licence suspension, and fines of up to $7,580.
Depending on the circumstances, there may be valid legal defences available. These include:
Astor Legal will review all records, including logbook entries, telematics data, GPS tracking, and employer scheduling information, to identify any flaws in the prosecution’s case.
Astor Legal’s traffic lawyers are experienced in defending NHVR prosecutions. We regularly represent drivers, operators, and companies in fatigue-related matters before NSW courts.
We can assist you by:
Our focus is always on protecting your livelihood and helping you achieve the best possible result. Here is what a previous client has to say about the experience of being represented by Astor Legal:
“I recently found myself in need of legal assistance with a traffic charge, and after careful research, I approached Astor Legal. Nandita and the team analysed every aspect of my case and carefully explained complex legal concepts, ensuring that I fully understood my options. Nandita showed exceptional communication skills, strong legal acumen, and also demonstrated genuine empathy. I am very thankful to the entire Astor team for getting the best possible outcome in my complex case.” – Vignesh
If you receive a Court Attendance Notice or infringement for a logbook or fatigue offence, you must act promptly. Many NHVR matters have strict time limits, and failing to respond can result in automatic conviction and fines.
Obtaining legal advice early gives you the best chance to challenge the evidence, prepare a strong defence, and minimise the consequences of the charge.
If you have been charged with a logbook or fatigue offence in New South Wales, contact Astor Legal today. We are traffic law experts who understand NHVR prosecutions and heavy vehicle compliance.
Our lawyers appear in courts across NSW and have successfully represented many drivers in similar matters. We can explain your options, protect your licence, and guide you through the legal process.
Call us now on (02) 7804 2823 for a free initial consultation and let our expert team handle your case with care and precision.
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