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Section 145 Road Transport Act 2013
Offences Involving Death, Injury or Damage Resulting from Unsafe Loads

Section 145 of the Road Transport Act 2013 (NSW) is ‘Offences Involving Death, Injury or Damage Resulting from Unsafe Loads’ and is extracted below.

If you require the services of a traffic defence team that specialises in representing clients for cases under the Road Transport Act, call Sydney Criminal Lawyers today on (02) 9261 8881 to arrange a consultation.

Our team is vastly experienced in advising and representing clients in traffic law cases, and will fight to ensure you achieve the optimal result in the circumstances.

We offer fixed fees for all traffic cases, and a free first conference for those who are going to court.

The Legislation

Section 145 of the Road Transport Act 2013 is Offences Involving Death, Injury or Damage Resulting from Unsafe Loads and reads as follows:

Offences involving death, injury or damage resulting from unsafe loads

(cf STM Act, s 58)

(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.

Maximum penalty: 50 penalty units or imprisonment for 12 months or both (in the case of an individual) or 100 penalty units (in the case of a corporation).

(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.

Maximum penalty: 50 penalty units or imprisonment for 12 months or both (in the case of an individual) or 100 penalty units (in the case of a corporation).

(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.

The penalties

Maximum penalty: 50 penalty units or imprisonment for 12 months or both (in the case of an individual) or 100 penalty units (in the case of a corporation).

(4) It is a defence to a prosecution for an offence against this section if the defendant proves to the court’s satisfaction that the defendant was not in a position to prevent the motor vehicle or trailer from being driven or stood on a road while loaded unsafely.

(5) For the purposes of this section, a motor vehicle or trailer is
“loaded unsafely” if:

(a) a load on the motor vehicle or trailer is placed in a way that makes the motor vehicle or trailer unstable or unsafe, or

(b) a load on the motor vehicle or trailer is not secured in such a way that it is unlikely to fall or be dislodged from the motor vehicle or trailer, or

(c) an appropriate method is not used to secure a load on the motor vehicle or trailer.

(6) In proceedings for an offence against this section, it is sufficient to prove that a motor vehicle or trailer was loaded unsafely if the prosecution proves that the load on the vehicle or trailer was not placed, secured or restrained in a way that met the performance standards recommended in the Load Restraint Guide: Guidelines and performance standards for the safe carriage of loads on road vehicles, Second Edition , as published by the National Transport Commission in April 2004.

(7) In this section:

“motor vehicle” includes a combination consisting of a motor vehicle connected to one or more vehicles.

Why Sydney Criminal Lawyers®?

Choosing the right legal team to defend your reputation and interests can be a difficult process.

However, it is always important to look at a firm’s experience and results when making this decision.

At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex traffic matters – so you can rest assured that you are in safe hands.

Our traffic law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.

Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.

However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’

Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the traffic law, as well as their ability to obtain excellent results in difficult cases.

We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.

For the best defence in your case, get the experts on your side today. Call us now on (02) 9261 8881 and book your FREE first conference with our traffic law specialists.

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