Need Help With A Criminal Matter?
Call 1300 168 676 or email us now

NSW Driver Fatigue Work Diary Exemptions Expire Soon

Author icon

Written by

Tag icon

Published under Law Reform, News

Clock icon

April 28, 2016

Comments icon

No comments

From 1 May 2016 there will be changes to work diary requirements for heavy vehicle drivers. Drivers operating under Advanced Fatigue Management (AFM) and Basic Fatigue Management (BFM) will now need to carry and complete their work diary for all journeys. What’s changed? Previously in NSW work diaries only needed to be filled in when drivers travelled outside of a radius of 100 km from their base, or if they had made such a trip within the past 28 days. This applied to all drivers, whether they were operating under Standard […]


Heavy Vehicles – Fatigue Maximum Penalty

Author icon

Written by

Tag icon

Published under Offences

Clock icon

February 11, 2015

Comments icon

No comments

As a lawyer who regularly represents members of the trucking industry, I have watched the growing concern regarding the driver fatigue laws and penalties. The rules are complicated and although the majority of the industry is working hard to educate itself, mistakes will still occur. The potential penalties are severe, people are confused about how those penalties are determined, and what they can do to avoid the harshest ones. In this environment of complicated law and insufficient advice from the authorities, how do the Courts determine a fair penalty for an […]


National Heavy Vehicle Law – Financial orders a Court can make in addition to fines

Author icon

Written by

Tag icon

Published under Offences

Clock icon

January 30, 2015

Comments icon

No comments

The first thing most of my clients ask me when they are charged with an offence is “what’s the worst case scenario?” Most people are ready for a significant fine, demerit points or maybe the suspension of their driver’s licence. However, there are some other surprising options available to the Court to punish people for offences under the National Heavy Vehicle Law. Firstly, there are a variety of financial orders that a Court can make in addition to fines. If any damage has been caused by the offence the Court can […]


Fatigue Management Rules for Truck Drivers

Author icon

Written by

Tag icon

Published under Law Reform

Clock icon

November 27, 2014

Comments icon

No comments

Long distance truck drivers would be very familiar with the fatigue management rules. Planning work times, rest times and filling out the work diary are integral parts of the job. The strict rules mean that you must plan your trips carefully to ensure the numerous required breaks are taken. While fatigue rules are undoubtedly important for safety, it can be difficult to balance them with the needs of a trucking business. The National Heavy Vehicle Law recognises this and allows exemptions from the standard fatigue rules for operators who demonstrate high […]


Safely Loading and Restraining Goods

Author icon

Written by

Tag icon

Published under Offences

Clock icon

October 27, 2014

Comments icon

No comments

Safely loading and restraining goods is an important aspect of safe trucking. Poor loading practices pose a risk to the safety of both the driver and other road users. The most obvious danger is that a poorly restrained load could fall off, either onto or into the path of other vehicles. However, poor loading can also allow goods to shift on the vehicle. This can destabilize the truck and impact on how it handles. As well as being dangerous, poor loading is illegal. The National Heavy Vehicle Laws include loading standards. […]


Notice to Provide Document and Information – Heavy Vehicle Offences

Author icon

Written by

Tag icon

Published under Offences

Clock icon

October 10, 2014

Comments icon

No comments

Most truckies have experienced being stopped by the authorities for a random vehicle check. As such, most are familiar with the inspectors’ roadside powers to stop, measure and weigh vehicles, examine work diaries and check permits. What many are less familiar with are the ‘off road’ investigation powers. The National Heavy Vehicle Law gives investigators the power to demand the production of documents and information about vehicles and loads from certain people. It is an offence not to comply, carrying a maximum fine of several thousand dollars. The investigators will use […]


Record Fines of $1.25 Million for Speeding Trucks Company

Author icon

Written by

Tag icon

Published under Law Reform, Major Cases, News, Offences

Clock icon

June 11, 2014

Comments icon

No comments

Last week a NSW Magistrate imposed fines of $1.25 million against trucking company Scott’s Transport. The fines were for 165 speeding and speed limiter compliance offences. The company’s director and manager were held personally responsible for the offences. The fines are a record win for the Roads and Maritime Services in their crackdown on compliance in the transport industry. The Magistrate’s decision sends several clear messages. Firstly, the authorities are taking offences involving heavy vehicles extremely seriously. For several years now the Roads and Maritime Services has been has been conducting […]

Bottom border