Roads & Traffic Authority of NSW v Frank Trinci [2011] NSWSC 211

Roads & Traffic Authority of NSW v Frank Trinci [2011] NSWSC 211

Because Mr Trinci was a solo driver under the BFM regime, cl 68 governed his position and the relevant major rest break for the 24 hour period was the 7 continuous hour rest break required by that clause. The relevant 24 hour period was therefore to be counted from 10.00am on 21 October 2009, after the 7 hour rest break, and on the undisputed facts the magistrate erred in law by treating the Regulation as ambiguous and dismissing the court attendance notice.

Jurisdiction
Australia
Judgment Date
28 March 2011
Procedural Posture
Appeal From Local Court Concerning a Regulatory Offence Under Cl 68 of the Road Transport (general) Regulation 2005 / Appeal to the Supreme Court of New South Wales Under S 56(1)(c) of the Crimes (appeal and Review) Act 2001
Outcome
Appeal allowed; proceedings remitted to the Local Court; no order as to costs.
Legal Topics
['heavy Vehicle Driver Fatigue' 'basic Fatigue Management Hours' 'major Rest Break' 'counting a 24 Hour Work Period' 'appeal on Error of Law']
['road Transport' 'regulatory Offences' 'statutory Interpretation'] ['heavy Vehicle Driver Fatigue' 'basic Fatigue Management Hours' 'major Rest Break' 'counting a 24 Hour Work Period' 'appeal on Error of Law']

Case Brief

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Procedural Posture

Appeal From Local Court Concerning a Regulatory Offence Under Cl 68 of the Road Transport (general) Regulation 2005 / Appeal to the Supreme Court of New South Wales Under S 56(1)(c) of the Crimes (appeal and Review) Act 2001

Legal Issues

  1. 1 ['Whether the magistrate erred in law in finding ambiguity about the start of the relevant 24 hour period under cl 68 of the Road Transport (General) Regulation 2005.' 'Whether the relevant major rest break for a solo driver under the BFM regime was the 7 hour rest period ending at 10.00am on 21 October 2009 or the 5 hour break ending at 5.00pm on 21 October 2009.']

Ratio Decidendi

Because Mr Trinci was a solo driver under the BFM regime, cl 68 governed his position and the relevant major rest break for the 24 hour period was the 7 continuous hour rest break required by that clause. The relevant 24 hour period was therefore to be counted from 10.00am on 21 October 2009, after the 7 hour rest break, and on the undisputed facts the magistrate erred in law by treating the Regulation as ambiguous and dismissing the court attendance notice.

Court Disposition

Appeal allowed; proceedings remitted to the Local Court; no order as to costs.

Orders

  • ['The appeal is allowed.' 'The order of the Local Court that the court attendance notice be dismissed is set aside.' 'The proceedings are remitted to the Local Court to be determined according to law.' 'No order as to costs.']