Prosecutions 2005 (PDF 3269kb) - WorkSafe Victoria

HEALTH AND SAFETY PROSECUTIONS
DAVID WALLACE (DIRECTOR OF ALLBULK LANDSCAPE SUPPLIES PTY LTD)
Date of alleged offence: 15 October 2001
Date of prosecution:
Magistrate:
Plea:
12 December 2005 at Shepparton Magistrates’ Court
His Honour Magistrate O’Day
No plea
On 14 October 2001 at approximately 2pm, an Allbulk Landscape Supplies Pty Ltd employee long
haul truck driver commenced what was known at the company as the ‘Gunbower run’ .
At 3pm the following day, on the Murray Valley Highway about 19 kilometres east of Cobram, the
driver entered road works area in which applicable warning signs were erected reducing the
permitted speed to 60 km/h. There were 13 stationary vehicles at this point on the highway. The
heavy vehicle collided with the rearmost stationary vehicle.
At that stage, the employee driver had been at work for approximately 27 hours and away from
the depot for 25 hours. The employee driver had: not had any sleep during that period; travelled
approximately 1,349 kilometres; and been driving almost 17 hours.
David Wallace, a director of Allbulk Landscape Supplies Pty Ltd, was responsible for the day-to-day
transport operations of the company, including load and driver allocation, directions to drivers and
vehicle maintenance. Allbulk Landscape Supplies Pty Ltd did not have systems in place to address
fatigue nor did it have an adequate system in place for maintenance of the vehicle.
After the collision, a mechanical inspection of the prime mover and trailer revealed that the vehicle
had very poor braking capabilities. In particular, the trailer had negligible braking capacity and
under harsh breaking there was a strong likelihood that the breaking deficiencies could cause the
combination to jack knife.
Four people died as a result of the collision.
Breach: Sections 21(1) & (2)(a) and section 52(1) (two charges); sections 21(1) & (2)(e) and section
52(1) (two charges); and section 22 and section 52(1) of the Occupational Health and Safety Act 1985.
Result: Charges withdrawn.
PROSECUTIONS 2005
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