An importer and 2 directors have been fined for breaching chain of responsibility, in a precedent setting case. The case revolved around a load restraint charge which contributed to a truck crash which killed a motorist. The directors were the first prosecuted over a fatal rollover case that happened in Liverpool in 2012. The accident happened in June in 2012 when the truck and its loaded container rolled over the car of another motorist, killing the young father on impact. The accident happened on what has been described as one of the busiest intersections in Australia. The truck was transporting 19 tonnes of building products which weren’t adequately restrained when they were loaded into the container in China. The materials shifted as the vehicle rounded a corner from the Hume Highway onto the the busy Sydney south-west  Cumberland Highway. According to reports the materials (composite timber-substitute boards) were wrapped in plastic inside a steel frame. But the boards and frame were not strapped, there was no blocking between the frame and container and both dunnage and chocking weren’t effective. The victim, a 33 year old man driving a Toyota Camry was killed when he was smashed flat as he waited at lights on the opposite side of the road when the truck came rolling over his vehicle. The driver of the truck was not injured and neither was he charged with any offences. After more than 3 years the court case which focused on load restraint was concluded. The company involved, a Melbourne fencing, decking and cladding supplier was fined $24,750  and its directors were fined more than $4000 each. The prosecution was brought against the defendants by NSW RMS who were paid $170,000 in costs. As the article on OwnerDriver.com.au  highlights the case reveals a major issue for container carrier companies, drivers cannot open security seals and also can’t simply assume the materials in the container have been properly retrained especially those loaded overseas. Magistrate Lisa Stapleton handed down the following judgement in the case.  The post on OwnerDriver.com. explained:

“Her Honour was satisfied that the shifting of the load was imminent or had commenced at the time the heavy vehicle was turning onto the Cumberland Highway,” says a Hickson’s account of her comments. “Her Honour acknowledged the steps taken by the defendants since the offence had occurred, including changing the packing method of containers, decreasing the size of gaps, improving the chocking system, minimising slippage within the container by the use of different materials, and creating a checklist for packing containers. “However, she noted that the defendants had still not had the new system certified by an appropriately qualified engineer.” Read more at https://www.ownerdriver.com.au/industry-news/1511/directors-prosecuted-in-fatal-rollover-case.