A DRIVER who loaded a Toyota Celica on the top a fully-laden skip bin with just one strap of webbing holding it down has been fined $1200 after appearing in Bathurst Local Court.
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The skip bin was on the back of Denis Richard Cooke’s rigid lorry, which he was driving between Bathurst and Lithgow.
Cooke, 70, of Denis Cooke’s Metal Industries in Lithgow, was charged after being pulled over by Highway Patrol officers as he made his way from Bathurst on September 5 last year.
Cooke appeared before magistrate Michael Allen to answer charges of driver severe risk breach load restraint (first offence) and use vehicle not comply with standards.
Police facts tendered to the court told how on September 5 last year, at 1.55pm, Cooke was driving a rigid lorry loaded with a skip bin with what appeared to be scrap metal protruding from the rear.
On top of this scrap metal was a white Toyota Celica, placed so it sat above the top edges of the skip bin.
As Cooke drove past, police observed one single webbing strap placed over the Celica with no other restraint device over any portion of the skip bin.
Police stopped Cooke and informed him he was being recorded by the highway patrol car. Cooke undertook a roadside breath test, which produced a negative result. He then got off the lorry and began interfering with the strip of metal protruding from the lorry.
Police gave him a verbal warning not to touch the load, and Cooke claimed police were “standing over him”.
Police then spoke to him about the load, noting the webber strap holding the car down was loose. Cooke attempted to interfere with the strap and was directed by police not to do so.
He was asked if he was aware of load restraint requirements and he said “yes” but was unable to state what they were.
Cooke told police he believed the load to be secure, and they disagreed.
Cooke also admitted he didn’t know how much the load weighed. As police made further enquiries, Cooke became argumentative and continued interfering with the strap and was warned again by police.
Police noted that Cooke had only travelled a short distance from Bathurst to Kelso, and the only means by which he relied upon to secure the load had already failed. Police alleged the risk to other road users between the origin of journey and destination, which was 62 kilometres, was severe due to the likelihood of the load shifting or falling from the vehicle.
On the charge of driver severe risk breach load restraints, Mr Allen convicted Cooke, fining him $1200.
On the use vehicle not comply with standards, Mr Allen dealt with the matter by way of a Section 10A.
