A TRUCK driver was handed fines of $3,500 in Orange Local Court on Tuesday on several charges of being a severe and critical risk on the road, for not taking sufficient rest in a 24-hour period to comply with Roads and Maritime Services (RMS) regulations.
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However, according to relieving magistrate Alexander Mijovich, the financial penalty could have been far greater for Christiaan Klaare, 64, of Ganoo Street, Yeoval.
He told the accused he faced fines of $57,000 for not recording his driving activities in his work diary, two charges of being a critical risk while driving due to lack of rest and one charge each of being a substantial and severe risk on the road.
Klaare was represented by solicitor Andrew Rolfe on behalf of King-Christopher Road Transport Lawyers. Mr Rolfe told the court his client had been driving heavy vehicles for 40 years and, as an owner/operator, relied on driving for his livelihood to support himself and his partner.
“Some people might view his work diary charge as trivial,” Mr Rolfe said.
However, Mr Mijovich said it was laziness on behalf of the accused not to comply with RMS regulations relating to filling in a log book.
“He has obligations he has to meet,” the magistrate said.
Mr Rolfe said Klaare was just one of many heavy vehicle drivers who had been penalised after tougher restrictions, imposed by the RMS, had confused drivers.
However Mr Mijovich could not be swayed.
“The onus is on you not to guess,” he said.
“I’m sure you haven’t got a spare $57,000 lying around because that’s what you could be fined today.”
He took into account the uncertainty about the new regulations, but said Klaare needed to ensure he knew the rules thoroughly, and dismissed some of the minor charges including the failure to maintain the diary.
For the remaining charges Klaare was fined $3500 and ordered to pay RMS court costs of $330.