*Western Australia and the Northern Territory have their own separate fatigue management laws, work diary requirements, and penalty structures. Operators in WA and NT must consult their local transport authorities for specific guidance.
Responding to a Missing or Stolen Work Diary
When a driver reports a missing work diary, you need to act fast. Acting fast is key to staying compliant during a roadside inspection.
Key Definitions for Fleet Managers
| Term | What It Means | Key Rule for Managers |
|---|---|---|
| Supplementary Record | A temporary, compliant record of all work/rest details used when a diary is unavailable. | Must contain the exact same information as a standard daily sheet. |
| 7 Business Day Limit | The maximum period a driver can use supplementary records. | The countdown starts the moment the diary is lost. A replacement must be in hand by day 7. |
| 28-Day Carry Rule | Requirement to keep used supplementary records with the new diary for 28 days. | These records must be presented together as audit-ready evidence. |
Immediate Action Checklist for Lost Diaries
Use this checklist the moment a driver reports a missing diary.
If a work diary is lost before a weekend or public holiday, the NHVR notification deadline only counts business days, so you may have extra time. Log it straight away with the Saphyroo Drive360 App to create a time-stamped record and stay compliant.
Protocol for a Found or Returned Work Diary
If a lost diary is found, don't just put it back in the truck. Follow this protocol based on HVNL s308 to remain compliant:
HVNL Fines & Penalties for Work Diary Breaches
Work diary rules under the HVNL aren’t optional. If you get them wrong, both drivers and operators can face serious fines. Failing to follow the rules can lead to costly penalties and even legal trouble, so it's crucial to get it right.
On-the-Spot Fines vs. Maximum Court Penalties
Under the offence code for HVNL s293(1), a driver must carry and produce their work diary when asked by an authorised officer. According to the NHVR’s official Penalties and Infringements Schedule, the infringement amount for this offence in the 2024-25 financial year is $729. Note that this amount is indexed and typically increases on July 1st each year.
If the matter goes to court, the maximum penalty can reach over $6,000.
Protecting Your Business from Stop-Work Orders
If a driver doesn’t have their work diary and can’t give a good reason, authorities can issue a stop work order under Section 526 of the HVNL. That means the truck stays parked up causing costly downtime and delivery delays until the issue is sorted.
Stay ahead of issues with a simple weekly check:
With Saphyroo’s Drive360 Console, you can see a driver’s last 28 days of records in just one click.
Let TECH Take Care of Compliance
Even though paper diaries are still necessary, relying on manual processes to manage them is risky. A digital system keeps everything backed up and sorted and provides a secure safety net.
At a roadside stop, the big question is: “Can you prove your last rest break?”
With Saphyroo, there's no panic. Your manager can instantly pull up the Driver Run Sheet, email a PDF report to the officer, and back it up with GPS proof from the Fleet Telematics platform, confirming the truck was parked at a rest stop for the required time. What could’ve been a compliance breach becomes a clear show of control.
This is important for your Chain of Responsibility (CoR), which means you’re legally responsible for making sure your drivers are safe and following the rules, even if you’re not behind the wheel.
A good digital system helps you stay covered when things don’t go to plan. For example, if a driver loses their work diary while on the road, they can use the Drive360 App to take photos of each replacement log sheet they fill out.
Each photo is automatically saved with the time and location, giving you a clear and reliable digital backup, just in case anyone needs to see proof later.
This is about proving proactive risk management. With Vision360, every safety alert and your follow up action is logged in the system. That means when an auditor comes knocking, you’ve got clear proof that you’re not just keeping records, you’re actually running a system that helps prevent incidents.
It backs up your Chain of Responsibility (CoR) position and shows you’re going beyond the basics, like just tracking hours for fatigue. (Fatigue Management)
Special Cases and Manager FAQs
Local Area & Primary Production Exemptions
Don’t Risk It. Systemise It.
Losing a diary shouldn’t mean losing control. With the right systems and digital safeguards, it’s reduced to a minor issue. Saphyroo’s platform ensures compliance is always covered.
Book a demo to see how Saphyroo gives you control, keeps you compliant, and lets you focus on running your business.
