Prosecution Details

Charge 1 - 4 - 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 made under the Occupational Safety and Health Act 1984; contrary to regulation 3.131(1)(a), 3.132(2)(a) and 1.16 of the Occupational Safety and Health Regulations 1996

Charge 5 & 6 - 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 the whole or part of the workplace was certified by a medical practitioner as fit to drive the vehicle: contrary to regulations 3.131(1)(b) and 1.16 of the Occupational Safety and Health Regulations 1996

The accused trades as Sun City Bakeries and is situated in an industrial area of Geraldton.  The Bakery supplies bread and other like products to the local area and Karratha and Port Hedland.

The accused had Commercial Vehicles driven by Commercial Vehicle Drivers on the material dates. 

Charge 1-  Between 26 November 2007 to 26 January 2008 a Commercial Vehicle Driver drove Commercial Vehicle with gross vehicle mass greater than 4.5 tonnes. He drove Commercial vehicles for the accused without taking the required 7 hour break of non work time after 17 hours of work time. This had occurred a number of times and was identifiable on his trip sheets.

Charge 2 - Between 29 November 2007 to 15 January 2008 a Commercial Vehicle Driver drove Commercial Vehicle with gross vehicle mass greater than 4.5 tonnes. He drove Commercial vehicles for the accused numerous times without taking the required 7 hour break of non work time after 17 hours of work time. The breaches were identifiable on his trip sheets.

Charge 3 -  Between 26 November 2007 to 02 February 2008 a Commercial Vehicle Driver drove Commercial Vehicle with gross vehicle mass greater than 4.5 tonnes. He drove Commercial vehicles for the accused numerous times without taking the required 7 hour break of non work time after 17 hours of work time. The breaches were identifiable on his trip sheets.

Charge 4 - Between 21 January 2008 to 23 January 2008 a Commercial Vehicle Driver drove Commercial Vehicle with gross vehicle mass greater than 4.5 tonnes. He drove Commercial vehicles for the accused without taking the required 7 hour break of non work time after 17 hours of work time.

It was practicable for the Accused to but the accused did not:

a) Ensure drivers knew how long they could drive without a continuous break of 7 hours of non-work time after 17 hours of work time; and/or

b) Satisfy itself that the drivers understood the requirement for a continuous 7 hours of non-work time after 17 hours of work-time; and/or

c) Allow the drivers enough time in their schedule to have a continuous 7 hours of non-work time after 17 hours of work time; and/or

d) Have an effective system to check, monitor and control the driver's compliance with the Occupational Safety and Health Regulations 1996; and/or

e) Provide a relief driver.

The accused at no time brought to the drivers attention that he was breaching fatigue regulations even though the breaches were identifiable on his trip sheets supplied to the accused by the driver.  Further the Manager of Sun City Bakeries told the Driver that he wanted the bread to be in Port Hedland by 7 am.  The Driver commenced work at 4pm the previous day.

Charge 5 - The offence occurred in the period 11 September 2007 to 13 September 2007.  A Commercial Vehicle Driver drove a Commercial Vehicle for the Accused during the above period without a medical certificate.  The accused had been issued previously with improvement notices for a similar breach.

Charge 6 - The offence occurred in the period 10 January 2008 to 21 January 2008.  A Commerical Vehicle Driver drove a Commercial Vehicle for the Accused during the above period without a medical certificate.  The accused had been issued previously with improvement notices for a similar breach.

There are two previous records of conviction.

This matter with 6 charges was heard with another prosecution of Wytona Pty Ltd with 2 charges.  The Accused was convicted on all 8 charges.  A glogal penalty of $60,000.00 for all 8 charges. Costs for this matter was $3035.54 and costs for the second matter $2500.00

Please note that the charges have a global fine. While a penalty is imposed on each charge it is for the global fine and not a separate amount for each charge.