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Prosecution Details

Defendant Bilbo Pty Ltd
Trading Name Dale River Transport
Section 19(1)
Regulation Not Applicable
Offence Date Monday, 24 June 1996
Description of Breach(es)

Being an employer of persons at its workplace specified in the particulars hereto, failed so far as was practicable to provide and maintain a working environment in which its employee was not exposed to hazards in that it failed to provide and maintain a workplace such that, so far as practicable, its employee was not exposed to hazards.

Background Details

The employee was employed to cart grain for the defendant in a Scania 8 Wheeler Tip Truck.

The employee was involved in a serious accident when the brakes of his truck failed whilst travelling down a hill. The failure of the brakes resulted in the truck leaving the road rolling over. Approximately a week earlier going down the same road a similar incident occurred with the same truck and was reported to the defendant.

On the day of the accident the employee had reached the top of "Red Hill" and stopped at the truck bay to check the tyres and feel the wheel hubs to determine the amount of heat being given off by the brakes. After completing the check he determined that everything was okay. He began travelling down the hill when approximately one third of the way down the needle on the pressure gauge dropped from approximately 600 PSI to 0. The employee then realised that the brakes had gone. The employee apparently used the gears as best he could to control the speed. He realised there was too much weight for the engine to hold and was losing control of the truck. The truck left the road on the right hand side and rolled twice before crashing into a stand of tree.

The injured person received a broken left leg, smashed pelvis, crushed right lung, ten broken ribs, a broken jaw and a fractured skull above the right temple.

The Magistrate accepted that the matter was serious. He also noted that it should have been apparent to the defendant that there was a risk associated with the use of the vehicle and a cursory examination would have revealed that substantial repairs to the vehicle were necessary. His Worship noted that it was fortunate that only the employee was injured and that there was the potential for other persons to have been injured or killed.

His Worship noted that this did not lessen the significant impact of the offence on the life of the employee and that this needed to be taken into account.

No plea was entered and was heard ex parte.

Lead Image
Outcome Summary convicted
Conviction Date 20 Feb 1998
Court Perth Court of Petty Sessions
Fine $10,000
Costs $1,520
Charge Number 64086/97