Charleville magistrate discharges truckie over false logbook entries
A TRUCK driver who made false and misleading entries in his logbook has avoided a $10,000 fine and was discharged absolutely without any conviction by a Charleville magistrate.
The Charleville Magistrates Court heard on October 19, Jeremy Thomas Hayter made several false and misleading entries in his logbook.
At 1pm on Sunday, May 31, Tambo police intercepted a Kenworth prime mover on the Landsborough Highway, south of Tambo.
The defendant was questioned about his recent driving records and he produced his diary.
Officers noted a journey had commenced in Sutton Forest, New South Wales, on May 28 and finished in Mitchell, Queensland, the following night at 10.15pm, with rest recorded until midnight.
Police prosecutor Sergeant Caroline Boodnikoff told the court no entries were made for May 30, the day before Hayter was intercepted by police.
The next entry stated the defendant commenced work in Longreach, however there wasn't any trip recorded for how the road train got from Mitchell to Longreach, a journey of about 600km.
When questioned about this, he said he slept for that trip and his brother drove.
However, when he couldn't provide any evidence of that claim he admitted that he in fact drove and failed to record it.
He told officers he left Mitchell at 10.15am on May 30, drove to Morven, Blackall then onto Longreach.
Sergeant Boodnikoff told the court Hayter started work at 8.30am in Longreach on the day of the intercept and got to Blackall at 11am.
"That journey is 220km in length and road trains are restricted to a 90km/h speed limit," she said.
"The trailer could not have been loaded and driven 220km in 2.5 hours as indicated in his diary."
Hayter admitted to police that his diary was misleading and should have contained the details of the trip.
The prosecutor told Magistrate Peter Saggers the defendant has no criminal history, however the maximum fine for this type of offence is $10,000.
Hayter's lawyer, L King, pleaded with the magistrate to let his client off without a penalty.
"He's a young man trying to run his own business," he said.
"He did lodge the trips but for whatever reason he didn't correctly do it this time, but for the most part his diary is neat and tidy and that's for good reason.
"Unfortunately, these are liability offences and correct entries are required, this is however on the low end."
The prosecutor responded, "typically these offences attract a fine in this court, however he has no history and he admitted to making entries so I accept my friend's application".
Hayter pleaded guilty to make false or misleading entries, however did not appear in court.
Mr Saggers took into consideration Hayter's age, character and the nature of the offence.
"I consider it appropriate that no punishment be imposed and he be released absolutely with no conviction recorded," the magistrate said.