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ARTICLE · 05 JUNE 2014

Heavy penalties for overloaded vehicles: failure to establish a ‘reasonable steps’ defence

Cooper Grace Ward
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The New South Wales courts have provided useful guidance on the 'reasonable steps' defence for overloading vehicles.

AustraliaTransport
Tony Park
Tony Park
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Western Freight Management Pty Ltd v Roads and Maritime Services [2014] NSWCA 132 (22 April 2014)

A penalty notice for $853 for overloading issued by New South Wales Roads and Maritime Services has recently ended up the subject of argument in the Court of Appeal in New South Wales. In the process, the New South Wales Supreme Court and Court of Appeal have provided useful guidance on the 'reasonable steps' defence.

Transport operators would be aware that so called 'chain of responsibility' legislation has, for some time, provided that operators and others in the transport supply chain are guilty of certain offences in relation to mass, dimensions or load restraint unless they can establish that they took 'all reasonable steps' to prevent the contravention.

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