Logbook Offences Under the Heavy Vehicle National Law: Quick Guide for Drivers & Operators
The following is general information ONLY and not legal advice.
Heavy vehicle logbook offences are the most commonly enforced transport compliance breaches in Sydney and across New South Wales. With regular roadside enforcement, NHVR audits, and police inspections throughout the Sydney metropolitan area, drivers and transport operators must ensure strict compliance with Fatigue Management Regulations under the Heavy Vehicle National Law.
This guide explains how heavy vehicle logbook offences occur, the penalties that apply in NSW, and how Sydney-based drivers and operators can protect themselves.
What Is a Heavy Vehicle Logbook in NSW?
In New South Wales, drivers of fatigue-regulated heavy vehicles — generally vehicles with a gross vehicle mass (GVM) over 12 tonnes or buses seating more than 12 adults — must keep an approved National Work Diary (sometimes referred to as a Logbook)
The logbook records:
· Driver Identification and Vehicle details,
· Base location.
· Driver’s fatigue management accreditation.
· Working and rest hours.
· Locations and dates.
Logbooks are frequently checked by both NHVR and NSW Police during roadside inspections in Sydney along major freight corridors, industrial areas, and ports. Officers will compare information in the logbook to other data such as surveillance cameras and GPS data to detect an offence.
Common Heavy Vehicle Log Book Offences in Sydney
Sydney drivers are often fined or charged for breaches that arise during routine stops or compliance audits.
1. Incomplete or Missing Logbooks
Failing to complete a work diary correctly, not carrying it while driving, or missing daily entries are common offences detected during Sydney roadside inspections. If you are operating under an exemption or accreditation you must also keep a copy (paper of electronic) of those documents with you.
2. False or Misleading Log Book Entries
Allegations of false or misleading entries may include:
· Recording rest periods that were not taken
· Adjusting times to appear compliant
· Completing logbooks retrospectively
These offences are treated seriously and can lead to court proceedings in NSW Local Courts. Currently penalties for false or misleading entries is $13,730.00.
3. Exceeding Legal Work or Driving Hours
Drivers may breach fatigue laws even if a logbook is completed, where:
· Maximum driving hours are exceeded.
· Minimum rest breaks are not taken.
· The wrong fatigue scheme is applied.
You must always count time from the end of your major rest break (a continuous rest of 5 or more hours) or the relevant rest break. Time does not “reset” with every major rest break, but does mark the start of a new and potentially overlapping period to time.
Offences in the Severe and Critical category are treated seriously and can lead to court proceedings in NSW Local Courts. Currently penalties for false or misleading entries is $20,590.00 and 3 to 4 demerit points for each offence.
4. Multiple Log Books or Duplicate Records
Using more than one logbook at the same time is a significant compliance breach and often triggers NHVR investigations.
5. Failure to Retain Log Book Records
Drivers and operators in NSW must retain logbooks and fatigue records (usually for three years). Failure to produce records during an audit is an offence.
Chain of Responsibility (CoR) Laws in NSW
Under the Chain of Responsibility (CoR) framework, liability for heavy vehicle logbook offences in Sydney may extend beyond the driver.
Potentially liable parties include:
· Employers
· Transport operators
· Schedulers
· Consignors and consignees
Sydney-based transport businesses may face enforcement action if their systems, schedules, or commercial pressures contributed to fatigue breaches.
In Transport for NSW v De Paoli Transport Pty Ltd [2022] NSWSC 1678 the company, its director and its scheduling manager were charged with breaches of the safety duty under the HVNL for failures to manage driver fatigue, ensure safe scheduling, verify fitness to drive, and prevent speeding. There had not been any incidents or fatalities as a result of failures. On appeal the Company was fined $180,000. The Director and scheduling manager were fined $15,000.
Avoiding Heavy Vehicle Log Book Offences in Sydney
To reduce the risk of enforcement action:
· Complete logbooks accurately and in real time
· Understand which fatigue management regulations apply
· Retain supporting records (GPS, rosters, delivery dockets)
· Sydney operators should regularly audit fatigue systems
· Ensure drivers receive proper training and support
· Contact the NHVR on 13 64 87 (13 NHVR).
Strong compliance protects both safety and business continuity.
Sydney Lawyers for Heavy Vehicle Log Book Offences
If you are facing a heavy vehicle logbook offence in Sydney or greater NSW, early advice from an experienced transport and regulatory lawyer can significantly affect the outcome.
We assist:
· Sydney truck and bus drivers
· Transport companies and operators
· Businesses responding to NHVR investigations
· Clients facing NSW Local Court proceedings
Early legal advice is important Depending on the circumstances of your case you may have a legal defence to the charge.
Even if you don’t, you may still have circumstances that may reduce the penalty imposed with the right preparation and representation in court.
To discuss your options Call Eric Navea Legal on 0401937269 or office@ericnavealegal.com.au
