RTA v Western Freight Management Pty Ltd [2007] NSWLC 3

RTA v Western Freight Management Pty Ltd [2007] NSWLC 3

Although breaches were established because the B-Double combination measured 25.250 metres and the steer axle mudflaps measured 470 mm from the ground, the defendant established the reasonable steps defence under section 88 of the Road Transport (General) Act 2005. For the mudflap allegation, the vehicle had been purchased as B-Double compliant, had passed RTA inspection and had been registered as a B-Double prime mover shortly before the breach, so the defendant did not know and could not reasonably be expected to have known of the non-compliance and had taken all reasonable steps. For the dimension allegation, Star Track Express owned and controlled the trailers and operations, the...

Jurisdiction
Australia
Judgment Date
07 May 2007
Procedural Posture
Criminal Prosecution for Alleged Breaches of Road Transport Requirements / Local Court Hearing of Allegations Arising From Infringement Notices and Court Attendance Notices
Outcome
Both allegations dismissed.
Legal Topics
['b Double Mass and Dimension Requirements' 'mudflaps and Spray Suppression Devices' 'reasonable Steps Defence' 'registered Owner Liability']
['criminal Law' 'road Transport Regulation'] ['b Double Mass and Dimension Requirements' 'mudflaps and Spray Suppression Devices' 'reasonable Steps Defence' 'registered Owner Liability']

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Procedural Posture

Criminal Prosecution for Alleged Breaches of Road Transport Requirements / Local Court Hearing of Allegations Arising From Infringement Notices and Court Attendance Notices

Legal Issues

  1. 1 ['Whether the B-Double combination exceeded the legal length of 25 metres.' 'Whether the steer axle mudflaps complied with the legal maximum distance of 200 mm from the lower edge of the wheel flap to the ground.' 'Whether Western Freight Management Pty Ltd, as registered owner/operator, established the reasonable steps defence under section 88 of the Road Transport (General) Act 2005.' 'Whether any honest and reasonable belief defence needed to be considered.']

Ratio Decidendi

Although breaches were established because the B-Double combination measured 25.250 metres and the steer axle mudflaps measured 470 mm from the ground, the defendant established the reasonable steps defence under section 88 of the Road Transport (General) Act 2005. For the mudflap allegation, the vehicle had been purchased as B-Double compliant, had passed RTA inspection and had been registered as a B-Double prime mover shortly before the breach, so the defendant did not know and could not reasonably be expected to have known of the non-compliance and had taken all reasonable steps. For the dimension allegation, Star Track Express owned and controlled the trailers and operations, the...

Court Disposition

Both allegations dismissed.

Orders

  • ['Dismissed' 'Both allegations are dismissed.']