A TRUCK driver who exceeded the number of hours permitted to be worked as a solo operator has been convicted.
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Elamin Hussein Elbadin, 45, of Rooty Hill Road, Rooty Hill, pleaded guilty in Bathurst Local Court on September 21 to a solo driver working more than the standard maximum time - critical risk.
According to police documents tendered to the court for sentence, police said they saw a white semi-trailer being driven by Elbadin east along the Mitchell Highway at Vittoria at about 11am on August 17 this year.
Police said they conducted checks on the vehicle's registration, which revealed it was subject to a minor defect notice and was not permitted to be driven after August 14, 2022.
Elbadin stopped the vehicle after police activated their warning devices to inquire about the defect.
Police said they approached the semi-trailer and spoke with Elbadin who, police believed, was driving a fatigue regulated heavy vehicle in excess of 100 kilometres from base of operations.
According to police documents before the court, police inspected Elbadin's work diary, which showed he began working in the same vehicle at 10am on August 2 after completing a relevant major rest break after he worked on and off for 9.5 hours until 9pm.
Elbadin's next diary entry on August 3 showed that he drove from Horsley Park to Dubbo between 4.30am and 9am. Police identified that Elbadin drove a total of 14 hours within a 24-hour period.
The court was told that solo drivers are restricted to work no more than 12 hours within any 24-hour period of work. Elbadin working 14 hours in 24 hours placed him in the critical risk breach category.
Police said they spoke with Elbadin in relation to his work diary, at which point he said "this one was a mistake", to mean he shouldn't have worked that period.
Elbadin was charged with the same matter in February, as pointed out by Magistrate Elizabeth Ellis during sentencing in open court.
"You were foolish, you should've learned the first time. The results can be devastating," Magistrate Ellis said.
Elbadin was fined $1000 for the offence.
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