Roads & Maritime Services v Dranmore Pty Ltd & Ors [2017] NSWLC 22

Local Court New South Wales

Medium Neutral Citation: Roads & Maritime Services v Dranmore Pty Ltd & Ors [2017] NSWLC 22 Hearing dates: 9-12 and 17-20 November 2015; 29 February 2016; 1-3 March 2016. Written submissions: 1 April 2016 (Prosecution); 15 April 2016 (Defence). Further written submissions: 6 May 2016 (Prosecution); 26 May 2016 (Defence) Decision date: 04 October 2017 Jurisdiction: Criminal Before: Magistrate T Tsavdaridis Decision: See paragraph 124 Catchwords: CRIMINAL - specific offences - heavy vehicle related legislation - chain of responsibility speeding offences - speed limiter devices - compliance - reasonable steps defence Legislation Cited: Criminal Procedure Act 1986 (NSW) s175(3) Evidence Act 1995 (NSW) ss141 and 191 Road Transport (General) Act 2005 (NSW) (Repealed) ss 6, 21, 178 Road Transport (General) Regulation 2005 (NSW) (Repealed) cll 152, 156, 165 Road Transport (Safety and Traffic Management) Act 1999 (NSW) (Repealed) s 69C Road Transport (Vehicle and Driver Management) Act 2005 (NSW) (Repealed) s150 Cases Cited: Chamberlain v R (No 2) (1984) 153 CLR 521; [1984] HCA 7 Council of the City of Lake Macquarie v Morris (2005) 63 NSWLR 263; [2005] NSWSC 387 Dranmore Pty Ltd & Ors v Paul Bimson [2014] NSWSC 1230 Fleming v R (1998) 197 CLR 250; [1998] HCA 68 Kirk v Industrial Relations Commission (NSW) (2010) 239 CLR 531; [2010] HCA 1 Western Freight Management Pty Ltd v Roads & Maritime Services New South Wales [2014] NSWCA 132 Woolmington v DPP [1935] AC 462 Category: Principal judgment Parties: Road and Maritime Services (Prosecuting Authority)