Court Summary - at a glance
Date of offence:
30 October 2020
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
$50,000
Safety lessons learned:
It was reasonably practicable for Johnston's Direct Logistics Limited to:
- Develop, implement and maintain an effective process of fortnightly inspections of all its vehicles (including towed vehicles) to ensure that all vehicles remained safe and roadworthy, including inspecting the components of the vehicles for wear or damage, and maintaining a record of the inspections to ensure that no vehicles were omitted from the inspection process.
- Develop, implement and maintain an effective process to ensure that none of its vehicles was permitted to operate without a current certificate or warrant of fitness.
- Develop, implement and maintain an effective system to identify and record the Maximum Towed Mass/Gross Vehicle Mass of every towing vehicle and trailer to ensure that towing componentry fitted to its vehicles (including safety connections and attachments) were appropriately rated for safe use at the permissible load capacity.
Defendant name:
Johnston's Direct Logistics Limited
Industry:
Postal, transport and warehousing
Date of offence:
30 October 2020
Facts in brief:
On 30 October 2020, a driver for the defendant was driving a truck, towing a trailer, north on SH1, towards Whangarei at or about 7.30pm.
Approximately 18km south of Whangarei, near Mata, the trailer decoupled from the truck, and the safety chain connecting the trailer to the truck, failed. The trailer continued into the path of southbound traffic, striking a Subaru car carrying five people, including nine-year-old Storie Bailey Turner-Dave who was a passenger in the back seat of the Subaru. After being struck by the trailer, the Subaru veered off the road into a fence.
Storie Bailey Turner-Dave died from injuries sustained in the accident.
Approximately 18km south of Whangarei, near Mata, the trailer decoupled from the truck, and the safety chain connecting the trailer to the truck, failed. The trailer continued into the path of southbound traffic, striking a Subaru car carrying five people, including nine-year-old Storie Bailey Turner-Dave who was a passenger in the back seat of the Subaru. After being struck by the trailer, the Subaru veered off the road into a fence.
Storie Bailey Turner-Dave died from injuries sustained in the accident.
Offence section:
Sections 36(2) and 48(1) and 48(2)(c) of the Health and Safety at Work Act 2015
Date(s) charged:
27 October 2021
Court:
Whangarei - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
$50,000
Maximum fine available:
$1.5 million
Reparation:
Emotional harm:
- $100,000 for family for death of victim (if they were a wealthy company then figure would have been $130,000)
- $10,000 each for four members of family in car where family member died
- $5,000 for driver of other vehicle
Consequential loss:
- No consequential loss sought given age of the deceased
Costs:
- $5391.12
- $100,000 for family for death of victim (if they were a wealthy company then figure would have been $130,000)
- $10,000 each for four members of family in car where family member died
- $5,000 for driver of other vehicle
Consequential loss:
- No consequential loss sought given age of the deceased
Costs:
- $5391.12
Related Documents:
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