Prosecution Details
| Offender | Ian Richard Allen |
Charges
| Charge | Charge Number | Offence Date | Date Convicted | Regulation | Section | Penalty Provision | Penalty Imposed | Date Sentenced |
|---|---|---|---|---|---|---|---|---|
| 1 | Unknown at time of publication | Between 2 April 2007 and 15 May 2007 | 16th October 2009 | 3.131(1)(b) | 1.16(2)(a)(i) | $2,000.00 | 16th October 2009 |
| Description of Breach(es) | Being a responsible person at a workplace failed to ensure that a commercial vehicle driver 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 that commercial vehicle contrary to regulations 3.131(b) and 1.16 of the Occupational Safety and Health Regulations 1996. |
| Background Details |
The Accused operates a transport and haulage business, having premises located at 18 Marapana Road, City Beach. Between 2 April and 15 May 2007 the Accused employed a driver whose usual work involved driving to Albany and back three times per week. Between 2 April and 15 May 2007 the driver made 17 trips averaging 14.5 hours of work time per trip, either driving or performing associated non-driving work. The lowest recorded work time he worked on these trips was 13.75 hours, the highest 15.25 hours. The driver usually drove a 2005 Volvo Prime Mover. This vehicle was owned by the Accused. The driver drove this vehicle on all except three trips in this period. The unladen weight of this vehicle was 8.3 tonnes. Between 2 April and 15 May 2007 the driver was not certified by a medical practitioner as being fit to drive a commercial vehicle. |
| Outcome Summary | Plead Guilty |
| Court | Magistrates Court of Western Australia - Perth |
| Costs | $938.70 |
Search the records of all successful prosecutions taken by WorkSafe under the Occupational Safety and Health Act 1984 and Occupational Safety and Health Regulations 1996 since 1st January 2005. Searching and indexing of this database is limited to convictions for offences against the Occupational Safety and Health Act 1984 and Occupational Safety and Health Regulations 1996 committed on or after 1 January 2005, when the statutory offence and penalty regimes were significantly amended.
Offences committed prior to 1 January 2005, while of limited comparative relevance, can be accessed via the following link.