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Prosecution Details

Defendant Cleveland Freightlines Pty Ltd (ACN 007 853 465)
Regulation 3.134, 3,131(1)(a), 3.132(2)(a) and 1.16(2)(b)(i)
Offence Date Dates between 7 October 2011 and 4 May 2012
Description of Breach(es)

Charges 1,3,4 & 6: The Accused, being a responsible person at a workplace failed to ensure that a record was established and kept current in respect of work time, breaks from driving, and non-work time of each commercial vehicle driver who is required to drive a commercial vehicle that forms whole or part of the workplace, in accordance with regulation 3.134(1) of the Occupational Safety and Health Regulations 1996; Contrary to regulation 3.134(1) and 1.16 of the Occupational Safety and Health Regulations 1996.

Charges 2,5,7 to 25: The Accused, Being a responsible person at a workplace failed to ensure that a commercial vehicle driver who was required to drive a commercial vehicle, that formed whole or part of the workplace, (without a relief driver) drove that vehicle in accordance with regulation 3.132(2)(a) of the Occupational Safety and Health Regulations 1996; contrary to regulation 3.131(1)(a), 3.132(2)(a) and 1.16 of the Occupational Safety and Health Regulations 1996.

 

Background Details

The Accused is a South Australian based transport company, which carries on a commercial haulage transport business and had an office and depot operating in Perth, at 103 Kurnall Road, Welshpool.

Four commercial vehicle drivers were employed by the Accused ("the drivers"). The drivers operated as solo drivers (that is, they did not drive with a relief driver) and as part of their employment the drivers were required to drive commercial vehicles with a gross vehicle mass in excess of 4.5 tonnes.

Charge 1 - Driver 1.
On 9 October 2011, a police constable stopped a Kenworth Prime Mover bearing registration number SX94CY in Southern Cross, Western Australia. The Driver1 identified himself. The Constable asked to view Driver 1's National Driver Work Diary Daily Sheet. Driver 1 informed the Constable that he did not need a log book in Western Australia and handed him several blank log sheets.

When requested by a WorkSafe Inspector, the Accused provided documents indicating that Driver 1 had driven between Perth and Border Village between 7 October 2011 and 9 October 2011.

The Accused could not provide records of work time, breaks from driving, and non-work time in relation to Driver 1 for this period. The Accused could therefore not show that records were established and kept current in accordance with regulation 3.134 of the Occupational Safety and Health Regulations 1996.

Charges 2 and 5 -Driver 2
On the material dates Driver 2 was driving between the South Australian headquarters of the Accused and Northam, Western Australia. Driver 2's daily driving hours were recorded by him on National Driver Work Diary Daily Sheets ("Driver 2's diary sheets"). Driver 2's diary sheets at the end of each trip were handed into the Accused.

In relation to charge 2, Driver 2's diary sheets show he worked between 4:30pm on 23 October 2011 and 11:00am on 24 October 2011 without a 7 hour consecutive break. This is a period of 18 hours and 30 minutes. The longest break Driver 2 took during this time was a 3 hour and 15 minute break between 2:45am and 6:00am on 24 October 2011.

In relation to charge 5, Driver 2's diary sheets show he worked between 12:45pm on 6 November 2011 and 9:00am on 7 November 2011 without a 7 hour consecutive break. This is a period of 20 hours and 15 minutes. The longest break Driver 2 took during this time was a 4 hour and 30 minutes break between 1:30am and 6:00am on the 7 November 2011.

Further in relation to charge 5, Driver 2's diary sheets show he worked between 11:30am on 8 November 2011 and 5:45am on 9 November 2011 without a 7 hour consecutive break. This is a period of 18 hours and 15 minutes. The longest break Driver 2 took during this time was a 2 hour and 15 minutes break between 12:00am and 2:15am on the 9 November 2011.

Charges 3, 4 and 6 - Driver 3
On the material dates Driver 3 was driving between the South Australian headquarters of the Accused and 103 Kurnell Road Welshpool, Western Australia. Driver 3's daily driving hours was recorded on National Driver Work Diary Daily Sheets ("Driver 3's diary sheets"). Driver 3 also recorded details about his trip such as the type of load, destination and refuelling location on a trip sheet ("Driver 3's trip sheet"). Both the diary sheet and trip sheet, at the end of each trip were handed into the Accused. The Accused failed to implement a system to accurately record the work time, breaks from driving, and non-work time of Driver 3.

In relation to charge 3, Driver 3's trip sheet states that he travelled to Perth and refuelled there on 1 November 2011. Driver 3's diary sheets stated that he arrived in Northam at 12:00pm on the 31 October 2011, and rested there until 4:30pm on 1 November 2011.

During his record of interview, Driver 3 stated that he had put down his break in Northam instead of in Perth. Further in relation to charge 3, Driver 3's diary sheet indicated he travelled between Northam and Eucla (a distance of 1300kms) between 4:30pm on 1 November 2011 and 5:00am on 2 November 2011. This period included two 30 minutes breaks in Southern Cross and Caiguna.

During his record of interview, Driver 3 stated that his truck is speed limited to 100km per hour. When asked if it was possible to travel between Northam and Eucla in that period of time as Driver 3's diary sheets had depicted, Driver 3 responded "No, not with my truck it isn't."

In relation to charge 4, Driver 3's diary sheet shows that on 6 November 2011 he travelled between Ceduna, South Australia and Norseman, Western Australia, driving commercial vehicle SX98DN.
This record is false, as on 6 November 2011, two WorkSafe Inspectors observed commercial vehicle registration SX98DN at 7:00pm near Greenmount, Perth Western Australia.

In relation to charge 6, Driver 3's trip sheet indicated that he travelled to Perth and refuelled there on 8 November 2011 while Driver 3's diary sheets indicated that he arrived in Northam at 7:30am on the 7 November 2011, and rested there until 4:00pm on 8 November 2011.

Driver 3's diary sheets stated that he started his return journey from Northam. During his record of interview however, Driver 3 stated that he actually started the return journey from Perth.

Charges 7-25 - Driver 4
On the material dates Driver 4's work involved doing local deliveries and taking trailers out to the Northam road train assembly area from the Accused's depot at 103 Kurnell Road Welshpool. His daily driving hours were recorded on Weekly Trip Sheets ("Driver 4's diary sheets").

In relation to charge 7, Driver 4's diary sheet show he worked between 7:00pm on 10 January 2012 and 11:00pm on 11 January 2012 without a 7 hour consecutive break. This is a period of 28 hours. The longest break Driver 4 took during this time was a 5 hour and 40 minute break between 9:20pm on 10 January 2012 and 3:00am on 11 January 2012.

In relation to charge 8, Driver 4's diary sheet show he worked between 12:00am and 11:20pm on 13 January 2012 without a 7 hour consecutive break. This is a period of 23 hours and 20 minutes. The longest break Driver 4 took during this time was a 3 hour and 20 minute break between 4:20pm and 7:40pm on 13 January 2012.

In relation to charge 9, Driver 4's diary sheet show he worked between 6:40am on 17 January 2012 and 3:00pm on 18 January 2012 without a 7 hour consecutive break. This is a period of 32 hours and 20 minutes. The longest break Driver 4 took during this time was a 5 hour and 40 minute break between 9:20pm on 17 January 2012 and 3:00am on 18 January 2012.

In relation to charge 10, Driver 4's diary sheet show he worked between 12:20am on 20 January 2012 and 2:00am on 21 January 2012 without a 7 hour consecutive break. This is a period of 25 hours and 40 minutes. The longest break Driver 4 took during this time was a 3 hour break between 5:20am and 8:20am, and again between 4:20pm and 7:20pm on 20 January 2012.

In relation to charge 11, Driver 4's diary sheet show he worked between 7:20pm on 29 January 2012 and 9:00pm on 30 January 2012 without a 7 hour consecutive break. This is a period of 25 hours and 40 minutes. The longest break Driver 4 took during this time was a 5 hour and 40 minute break between 1:20am and 8:00am on 30 January 2012.

In relation to charge 12, Driver 4's diary sheet show he worked between 7:00am on 2 February 2012 and 12:40am on 3 February 2012 without a 7 hour consecutive break. This is a period of 17 hours and 40 minutes. The longest break Driver 4 took during this time was a 2 hour break between 9:00pm and 11:00pm on 2 February 2012.

In relation to charge 13, Driver 4's diary sheet show he worked between 8:00pm on 5 February 2012 and 11:00pm on 6 February 2012 without a 7 hour consecutive break. This is a period of 27 hours. The longest break Driver 4 took during this time was a 5 hour and 40 minute break between 2:00am and 7:40am on 6 February 2012.

In relation to charge 14, Driver 4's diary sheet show he worked between 6:40am on 8 February 2012 and 4:40pm on 9 February 2012 without a 7 hour consecutive break. This is a period of 34 hours. The longest break Driver 4 took during this time was a 6 hour and 20 minute break between 1:00am and 7:20am on 9 February 2012. Further in relation to charge 14, Driver 4's diary sheet show he worked between 12:20am and 10:20pm on 10 February 2012 before commencing a 7 hour consecutive break. This is a period of 22 hours. The longest break Driver 4 took during this time was a 3 hour and 20 min break between 4:00pm and 7:20 pm on 10 February 2012.

In relation to charge 15, Driver 4's diary sheet show he worked between 6:20am on 14 February 2012 and 3:20pm on 15 February 2012 without a 7 hour consecutive break. This is a period of 33 hours. The longest break Driver 4 took during this time was a 6 hour break between 12:00am and 6:00am on 15 February 2012.

In relation to charge 16, Driver 4's diary sheet show he worked between 6:20am on 16 February 2012 and 12:00am on 18 February 2012 without a 7 hour consecutive break. This is a period of 41 hours and 40 minutes. The longest break Driver 4 took during this time was a 4 hour and 40 minute break between 9:20pm on the 16 February 2012 and 2:00am on 17 February 2012.

In relation to charge 17, Driver 4's diary sheet show he worked between 10:00pm on 19 February 2012 and 5:00pm on 20 February 2012 without a 7 hour consecutive break. This is a period of 19 hours. The longest break Driver 4 took during this time was a 5 hour and 20 minute break between 2:40am and 8:00am on the 20 February 2012.

In relation to charge 18, Driver 4's diary sheet show he worked between 12:00am on 24 February 2012 and 4:00am on 25 February 2012 without a 7 hour consecutive break. This is a period of 28 hours. The longest break Driver 4 took during this time was a 3 hour break between 4:40pm and 7:40pm on the 24 February 2012.

In relation to charge 19, Driver 4's diary sheet show he worked between 9:00am on 6 March 2012 and 2:40pm on 7 March 2012 without a 7 hour consecutive break. This is a period of 29 hours and 40 minutes. The longest break Driver 4 took during this time was a 3 hour and 20 minute break between 11:40pm on the 6 March 2012 and 3:00am on 7 March 2012.

In relation to charge 20, Driver 4's diary sheet show he worked between 12:20am on 9 March 2012 and 12:00am on 10 March 2012 without a 7 hour consecutive break. This is a period of 23 hours and 40 minutes. The longest break Driver 4 took during this time was a 4 hour and 20 minute break between 5:00am and 8:20am on 9 March 2012.

In relation to charge 21, Driver 4's diary sheet show he worked between 6:20am on 29 March 2012 and 10:20pm on 30 March 2012 without a 7 hour consecutive break. This is a period of 40 hours.
The longest break Driver 4 took during this time was a 3 hour and 20 minute break between 10:00pm on the 29 March 2012 and 1:20am on 30 March 2012.

In relation to charge 22, Driver 4's diary sheet show he worked between 10:00pm on 9 April 2012 and 11:00pm on 10 April 2012 without a 7 hour consecutive break. This is a period of 25 hours. The longest break Driver 4 took during this time was a 5 hour break between 2:40am and 7:40am on 10 April 2012.

In relation to charge 23, Driver 4's diary sheet show he worked between 6:00am on 13 April 2012 and 12:00am on 14 April 2012 without a 7 hour consecutive break. This is a period of 18 hours. The longest break Driver 4 took during this time was a 2 hour break between 5:40pm and 7:40pm on 13 April 2012.

In relation to charge 24, Driver 4's diary sheet show he worked between 8:00am on 1 May 2012 and 2:40pm on 2 May 2012 without a 7 hour consecutive break. This is a period of 30 hours and 40 minutes. The longest break Driver 4 took during this time was a 6 hour break between 9:40pm on 1 May 2012 and 3:40am on 2 May 2012.

In relation to charge 25, Driver 4's diary sheet show he worked between 7:40am on 3 May 2012 and 3:00pm on 4 May 2012 without a 7 hour consecutive break. This is a period of 31 hours and 20 minutes. The longest break Driver 4 took during this time was a 4 hour break between 9:40pm on 3 May 2012 and 1:40am on 4 May 2012

 




Outcome Summary

The Accused entered a guilty plea and was convicted on the 21 November 2014. The Magistrate sentenced the Accused on 7 January 2015 and fined the Accused as follows:
Charges 1,3,4 and 6 a global fine of $2,000.00
Charges 2,5,7 -25 a global fine of $21,000.00 and ordered costs of $1014.30.

Conviction Date 21 Nov 2014
Court Magistrates Court of Western Australia - Perth
Fine 4 x charges $2000 and 21 x charges $21,000.00
Costs $1014.30
Charge Number PE98171-98195/14