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Offence title: |
Unsafe Load Cause Death, Personal Injury or Property Damage |
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Act: |
s.145 Road Transport Act (NSW) |
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Offence: |
(1) A person is guilty of an offence if-- (a) the person knows, or ought reasonably to know, that a motor vehicle or trailer is loaded unsafely, and (b) the person drives or causes or permits the motor vehicle or trailer to be driven or to stand on a road, and (c) death or personal injury to a person, or damage to property (other than the motor vehicle, trailer or load), occurs while the motor vehicle or trailer is being so driven or stood because it is loaded unsafely. (2) The responsible person for a motor vehicle or trailer is guilty of an offence if— (a) the motor vehicle or trailer is loaded unsafely and is driven or stood on a road, and (b) the person knows, or ought reasonably to know, that the motor vehicle or trailer is loaded unsafely, and (c) death or personal injury to a person, or damage to property (other than the motor vehicle, trailer or load), occurs while the motor vehicle or trailer is being so driven or stood because it is loaded unsafely.
(3) A person is guilty of an offence if— (a) the person is a director of, or a person concerned in the management of, a corporation that is the responsible person for a motor vehicle or trailer that is loaded unsafely and is driven or stood on a road, and (b) the person knows, or ought reasonably to know, that the motor vehicle or trailer is loaded unsafely, and (c) death or personal injury to a person, or damage to property (other than the motor vehicle, trailer or load), occurs while the motor vehicle or trailer is being so driven or stood because it is loaded unsafely. |
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Penalty: |
50 Penalty Units or imprisonment for 12 months, or both |
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Summary/Indictable/mixed: |
Summary |
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Jurisdiction: |
Local Court |
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How committed:
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This offence is committed when: - A vehicle is loaded unsafely - The vehicle is driven on or standing on a road - The driver knew or ought reasonably have known the vehicle was loaded unsafely - A person was killed or injured, or property damaged caused, because of the unsafe loading. Three categories of people can be prosecuted under this section: - the driver (subsection 1) - the responsible person (subsection 2), including the registered owner or person leasing the vehicle, or - the director or manager of the corporation that owns or leases the car (subsection 3) |
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Important note: |
A vehicle is deemed to have been loaded unsafely if it was not loaded in a way that meets the standards recommended by the load restraint guides published by the National Transport Commission. DEFENCE Under subsection 4, it is a defence if the defendant proves to the court's satisfaction that he or she was not in a position to prevent the motor vehicle or trailer from being driven or stood on a road while loaded unsafely. This defence would usually apply to prosecutions under subsection 2 or 3.
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