Offence Overview
Under the Heavy Vehicle National Law (HVNL), it is an offence in NSW, QLD, VIC, SA, TAS and ACT to make a false or misleading entry in a work diary (also known as a logbook).
These offences are taken very seriously by the National Heavy Vehicle Regulator (NHVR), Police and state authorities, as they go to the heart of fatigue management and road safety compliance.
A single false or misleading entry can result in significant fines. Often, multiple charges are laid together, exposing drivers and operators to severe penalties.
At Highway Advocates, we regularly defend professional drivers and operators accused of making false or misleading entries. Our lawyers understand how these allegations arise and how to challenge the NHVR’s assumptions effectively.
Key Elements of the Offence
To prove a false or misleading work diary offence, the prosecution must establish that:
- The accused made an entry in a work diary; and
- The entry was false or misleading; and
- The accused knew, or ought reasonably to have known, that the entry was false or misleading.
Common Examples
We have successfully defended clients accused of making false or misleading work diary entries such as:
- Vehicle detected by a Road Safe-T-Cam during a recorded rest period.
- Vehicle detected by a Road Safe-T-Cam at a distance and time physically impossible based on recorded rest location.
- Vehicle detected by a Road Safe-T-Cam before recorded start of work period.
- Vehicle detected by two Road Safe-T-Cams in a length of time inconsistent with work diary.
- Recorded work start or finish time inconsistent with actual work start or finish time.
- Recorded distance travelled inconsistent with actual distance travelled.
Penalties
Each offence carries a maximum penalty of $13,730.
Where multiple entries are alleged to be false or misleading, the NHVR nearly always lays multiple charges, resulting in enormous aggregate penalties.
Our Defence Approach
At Highway Advocates, we know most drivers don’t set out to make false or misleading entries.
The work diary system is complex and drivers are under constant pressure to keep schedules, meet delivery times and manage fatigue.
Most false or misleading logbook entries come down to simple mistakes, not dishonesty. We make that clear from the start.
Our defence strategy focuses on context, fairness and accuracy:
- Understanding Your Routine
We listen to your version of events. Understand how your day actually ran, the routes you took and the time pressures you faced. - Challenging NHVR Assumptions
We compare your logbook entries against maps and camera data to show how inconsistencies can occur without any intent to deceive. - Highlighting Real-World Factors
Misunderstanding the work diary requirements, simple timing mistakes, the weather and traffic on the day, positive driving record, and a positive assessment of your character by your boss, family and peers. - Negotiation First, Defence Always
When the facts just don’t add up, we negotiate with the NHVR to have your charges reduced or dropped. - Court Representation
If your matter goes before a Magistrate, we explain the real-world factors that were at play and your personal circumstances to ensure you receive a fair judgment.
We’ve helped countless truck drivers avoid conviction and protect their licence by showing that what the NHVR calls “false entries” were simple human mistakes made under tough conditions.
You built this country – you deserve better than to be punished for doing your job.
If your matter also involves fatigue or logbook breaches, see our Fatigue Offences page for related defences.
Have You Been Charged With an Offence of Make a False or Misleading Entry in a Work Diary?
A work diary entry is false or misleading if it gives an incorrect impression about your work or rest periods, start and finish times, or journey details. This includes false or inaccurate rest locations, or inconsistent travel times.
Yes, but intent matters. The NHVR can still prosecute you even if the entry was not deliberately false. However, genuine mistakes can form the basis for a strong defence or penalty reduction.
The NHVR will review your logbook against Road Safe-T-Cams, weighbridges, and anything you say to their officers in order to identify inconsistencies and pin you with whatever they can.
It is a serious offence for someone else to fill out your work diary. You should contact Highway Advocates immediately so we can review the evidence and get you the best possible result.
Yes. NHVR officers can issue fines or charges weeks or even months later, once they have reviewed your diary or matched it to Safe-T-Cam data. If you are concerned, keep copies of all your records and call Highway Advocates as soon as possible.
Generally, no. False or misleading entry in work diary offences have a penalty of $13,730 per offence. However, if the Court orders you to pay a fine, and you fail to do so, Revenue NSW could suspend your licence.
Absolutely. Statements or explanations made to NHVR inspectors can be used against you later. Always seek legal advice before responding or attending an interview.