RTA v Western Freight Management Pty Ltd [2007] NSWLC 3

Local Court of New South Wales

CITATION: RTA v Western Freight Management Pty Ltd [2007] NSWLC 3 JURISDICTION: Criminal PARTIES: Roads and Traffic Authority, NSW Western Freight Management Pty Ltd FILE NUMBER: PLACE OF HEARING: Wentworth DATE OF DECISION: 05/07/2007 MAGISTRATE: Magistrate Darryl Pearce CATCHWORDS: Breach of Road Transport (General) Act 2005—Consideration of Section 88—"Reasonable steps" defence. LEGISLATION CITED: Road Transport (General) Act 2005 Road Transport (Mass, Loading and Access) Regulations 2005 CASES CITED: He Kaw Teh v The Queen (1985) 157 CLR 523; 60 ALR 449; 15 A Crim R 203 REPRESENTATION: ORDERS: Dismissed

BACKGROUND

Western Freight Management Pty Ltd, the defendant company, own 34 prime movers 12 of which are Daimler Chrysler Argosy Freightliner, including prime mover, registered ZGU128 the subject of this case. This prime mover was purchased (demonstration model) in March 2005 and renewed for registration on 24 March 06. Heavy Vehicle Inspection report No. AZ0101538 issued by an RTA Inspector on that date was tendered as exhibit 2. This prime mover was used on a run from Sydney to Adelaide five nights per week commencing in 2005. Mr. John L Peters is the Manager Director and gave evidence on behalf of the defendant company about this prime mover and other maters relevant to this case.

Eighty percent of the defendant's business involves consignment under contract of its prime movers to the company Star Track Express, who own and supply the various sized trailers for attachment to the prime movers –as short combinations or B double combination. The defendant provided drivers for prime movers but Star Track Express, apart from providing uniforms with their insignia for those drivers, contracted to control the operation by loading each trailer, providing information to the drivers as to the depot at which the trailers were located, at which point the drivers on arriving, connect the trailers to the prime movers and deliver the load to the destination nominated by Star Track Express.