Truck & Heavy Vehicle Laws – Going to Court

If you have received a Court Attendance Notice and are required to attend Court, you might have some difficulty given that you are an interstate Driver/Company and based a long way from a Local Court in the Sydney Metropolitan area.

Proctor & Associates often represent Companies and drivers from other States in the various Courts of New South Wales and most times – in cases where there is a plea of guilty to the offence, complete the matter in their absence. This ultimately saves the client time and money not to mention the travelling involved.

In order to appear on your behalf we will need to obtain all documentation relating to charge and obtain details of how the offending took place together with subjective factors to put to the court. This can be done easily and expeditiously via email.

When the matter is presented by one of our Lawyers to the court, we will endeavour to present your case in the most positive way possible.

In deciding the sanction including the level of a fine when dealing with these kinds of offences, the courts (among other considerations) are bound to take into account the factors below, relative to the breach under s.594 as follows –

In cases involving a minor risk breach of a mass, dimension or loading requirement –

  • an appreciable risk of accelerated road wear and/or
  • an appreciable risk of unfair commercial advantage.

In cases involving a substantial risk breach of a mass, dimension or loading requirement – one or more of the following –

  • a substantial risk of accelerated road wear;
  • an appreciable risk of dame to road infrastructure;
  • an appreciable risk of increased traffic congestion;
  • an appreciable risk of diminished public amenity;
  • a substantial risk of unfair commercial advantage

In cases involving a severe risk breach of a mass, dimension or loading requirement – one or more of the following –

  • an appreciable risk of harm to public safety or the environment;
  • a serious risk of accelerated road wear;
  • a serious risk of damage to road infrastructure;
  • a serious risk of increased traffic congestion;
  • a serious risk of diminished public amenity;
  • a serious risk of unfair commercial advantage.

Have you received a Court Attendance Notice?

Do you need a Lawyer? These offences are looked upon seriously by the Authority and the penalties can be severe.

Complete the Contact Form opposite and we will gladly assist you.

Comments are closed