Offence Overview
Under the Heavy Vehicle National Law (HVNL), it is an offence in NSW, QLD, VIC, SA, TAS and ACT to work more than the maximum permitted hours or rest less than the minimum required hours within a prescribed period.
These laws are designed to prevent driver fatigue, but they are also complex, technical and confusing to apply. Many drivers find themselves facing serious penalties for simple administrative mistakes.
Categories of Fatigue Offences
Under the Standard and Basic Fatigue Management schemes, the NHVR classifies fatigue offences into four categories based on risk level:
- Minor risk breach – Maximum penalty: $5,470.
- Substantial risk breach – Maximum penalty: $8,250.
- Severe risk breach – Maximum penalty: $13,730 and 3 demerit points.
- Critical risk breach – Maximum penalty: $20,590 and 4 demerit points.
Fatigue Offences We Have Successfully Defended
We have successfully defended drivers accused of committing fatigue offences such as:
- Critical Risk Breach: Working more than 15 ½ hours in a 24-hour period.
- Severe Risk Breach: Working more than 37 ¼ night hours in a 7-day period.*
- Critical Risk Breach: Working more than 147 hours in a 14-day period.
- Substantial Risk Breach: Resting less than 6 ¼ hours continuous in a 24-hour period.
- Critical Risk Breach: Resting less than 22 ½ hours continuous in a 14-day period.
*Night hours are defined as work performed between midnight and 6 am.
It is not uncommon for the NHVR or Police to charge drivers with multiple fatigue breaches across different categories.
In these cases, the potential fines can easily exceed $100,000, along with enough demerit points to suspend your licence.
Our Defence Approach
At Highway Advocates, we know that most truck drivers don’t intentionally breach their fatigue requirements.
The fatigue management system is complicated. The reality of long-haul driving means that paperwork, rest breaks and schedules don’t always line up perfectly.
We strongly focus on avoiding demerit points wherever possible. Through charge reductions, non-conviction orders and leniency, because keeping you driving is our utmost priority.
Our approach focuses on context, evidence and fairness:
- Understanding Your Work Conditions
Schedules, delivery pressures, practical challenges. - Analysing the Evidence
Logbook, Safe-T-Cam data, timing errors, inconsistencies in calculations. - Highlighting Real-World Factors
Confusing fatigue requirements, time spend loading and unloading, weather and traffic, positive driving record, positive character references. - 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
We fight to keep your licence, protect your livelihood and ensure you get a fair go.
We’ve helped countless drivers avoid losing their licence and job by showing what the NHVR sees as “serious fatigue breaches” are actually honest mistakes made under difficult working conditions.
You built this country, you deserve better than to be punished for doing your job.
If your matter involves an alleged false or misleading entry in a logbook, see our False or Misleading Entries in a Work Diary page for related defences.
Frequently Asked Questions
A fatigue offence occurs when a driver exceeds the maximum permitted work time or fails to take the required minimum rest time within a specified period.
The NHVR uses roadside inspections, Road Safe-T-Cams, weighbridges, logbook inspections and Notices to Produce to detect fatigue offences and ensure compliance. Even small administrative errors can lead to hefty fines.
Yes. But the Court will consider this fact as a mitigating factor in assessing your ultimate sentence. We will argue that this is a reason to reduce your fines and not gain demerit points.
Yes. We prioritise outcomes that avoid demerit points. Our motto is simple: keeping you on the road where you belong. The best chance you have at avoiding demerit points is seeking early legal advice.
Each offence is separate and carries its own penalty. However, we are often able to show that multiple breaches occurred from the same underlying event and should be considered in their totality.
Yes. Severe and critical risk breaches carry 3 and 4 demerit points respectively. Multiple offences can mean 12, 16 or more demerit points in one sentence. But with early legal advice, we can have your charges downgraded or penalties reduced. Giving you your best chance to stay on the road.