Uncovered Load Fine Dismissed Despite Bad Driving Record

The Events and Police Charges

Our client is a sole-trader, having worked in the carpentry industry for 14 years. He was found driving his vehicle with an unsecured load and was accordingly issued with a penalty notice. It is an offence to driver with an unsecured load, pursuant to s292(a) of the Road Rules 2014 which provides- ‘A driver must not drive or tow a vehicle if the vehicle is carrying a load that- is not properly secured to the vehicle’. The maximum penalty for this offence is 20 penalty units.

Our Submissions and the Court

Our firm made various submissions to Campbelltown Local Court. However, this was challenging as our client already had an appalling driving record for offences ranging as far back as 2010, including mobile phone usage, non-compliance with road rules and driving a prohibited vehicle.

Nonetheless, our submissions included character references which outlined his otherwise good nature, contribution to the community, and devotion to his young family and work commitments.

Under our instructions, our client also completed the Online Traffic Offenders Rehabilitation Program (TORP) where he was able to consider the impact and consequences of his offence, and an apology letter was also submitted which reflected his remorse and accountability of the events.

The Outcome

The Magistrate was content with the submissions made and dismissed the case by way of a s10 dismissal under the Crimes (Sentencing Procedure) Act 1999. This was especially favourable as our client is currently on Good Behaviour Conditions for a prior offence.