Heavy truck driver Daniel Jon Swan sentenced after driving too many hours

A Northern Rivers truck driver sat nervously in court to see if he would lose his licence after pulling four shifts in one week that were legally too long.

A solo heavy truck driver has faced court after being investigated for driving more hours than he was legally allowed to.

Daniel Jon Swan, 49, pleaded guilty to four counts of driving more than 14 hours in a 24-hour period in a heavy vehicle in one week – two charges being of critical risk – at Lismore Local Court on Monday (September 12).

Transport NSW brought the case against the Chilton Grass man after he was detected travelling between Safe-T-Cam sites in less than the allowable travel time between June 17, 2021 9.59am and June 24 2021 7.51am.

On one shift on June 24 2021 in Parramatta, Swan drove for 16 hours - when he was only allowed to work 14 hours in a 24-hour period.

The green Coroner Prime Mover he was driving sparked an investigation at Transport NSW, with the prosecuting authority requesting Swan’s work diary records from his employer.

Prosecutor for Transport NSW, Ms Nooney, went hard on Swan in court for the risk his actions posed to other road users.

Ms Nooney said fatigue related offences are extremely serious for road safety and submitted to the court that Swan was likely a repeat offender based on his travel diary records.

But the defence said Swan was just trying to pay his mortgage and provide for a family member with a disability – and if he lost his licence he would likely lose his house.

Swan had just recently won a fight to get his trucking licence back after a head injury kept him off the road for nine months, the court heard, and he was desperate not to lose it again.

Swan’s lawyer said his client showed genuine remorse and had excellent prospects of rehabilitation – now using an electronic diary to help prevent any future transgressions.

“Road fatalities and road safety are everyone’s responsibility and he doesn’t want to put anyone at risk,” he said.

Magistrate Jeff Linden said it was a “bit of a swings and roundabouts situation” because it was concerning Swan had committed four breaches in such a short time – “particularly the critical matters” – but on the other hand he had a clean driving record since 2002.

“For a person who travels the distance he travels, that’s a pretty good record,” Mr Linden said.

Swan was sentenced to a community corrections order without conviction for two years, and ordered to pay court costs of $408.

The charges included four counts of solo driver work more than BFM maximum – two of the charges were critical risk, one substantial and one minor.

Swan declined to comment outside of court.