A TRUCK driver stopped for a routine check in Kelso was found to have twice rested for less than five hours in a 24-hour period while operating a heavy vehicle.
Ian Lincoln, 49, of the Great Western Highway, Faulconbridge appeared in person and unrepresented before magistrate Cate Follent in the Bathurst Local Court earlier this month.
He was facing two counts of a solo driver resting less than the basic fatigue management (BFM) minimum time.
Police facts handed to the court outlined how on Monday April 1, police stopped a heavy vehicle combination on the Great Western Highway at Kelso.
As police approached, they saw Lincoln seated in the driver's seat. He produced a MC (multi combination) driver's licence and was subjected to a roadside breath test which produced a negative result.
As Lincoln was driving a fatigue-regulated heavy vehicle he was asked to produce a national work diary.
Checks of this diary revealed that in the 24-hour period between 7am on November 6, 2018 and 7am on November 7, 2018, Lincoln recorded only having a maximum of four-and-a half hours of continuous rest.
As a driver under basic fatigue management, Lincoln was required by law to have rested for at least seven hours in the 24-hour period.
The breach was found to be in the highest category, being a critical breach.
Further investigations of the work diary revealed between 1.30am on November 27, 2018 and 1.30am on November 28, 2018, Lincoln recorded only having a maximum of three-and-a-half hours continuous rest.
Again the court heard Lincoln must have a minimum of seven hours continuous rest in any 24-hour period. Police said this breach was also in the highest category, being a critical breach.
Ms Follent convicted Lincoln and fined him $1000 on the first charge of solo driver resting less than BFM minimum time (critical risk).
On the second charge of solo driver resting less than BFM minimum time (critical risk), Lincoln was convicted and fined $1500.