Tasmania's biggest log cartage company Les Walkden Enterprises, failed to ensure a fatigue management system for its drivers, the Launceston Magistrates Court heard.
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Les Walkden Enterprises Pty Ltd pleaded guilty to a count of breach of safety duty and Leslie James Walkden, 74, pleaded guilty to two counts of breach of safety duty. A company employee Andrew John Clark has also been charged with a count of breach of safety duty.
On behalf of the National Heavy Vehicle Regulator, Penny Baker, the prosecutor, told the court that Mr Walkden failed to reduce the risk to the public of fatigued drivers.
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Ms Baker said the company committed 251 diary fatigue breaches between December 1, 2019, and February 29, 2020.
She said Mr Walkden was the scheduler for the movement of 15,000 tonnes of timber a week in Tasmania and South Australia.
She said the culture of continual and systemic breaches put drivers and the public at risk of death or serious injury.
Defence counsel Amanda Dickens said the company and Mr Walkden conceded they should have done more.
"This is not a case where there was actual fatigue but one where there were breaches from a failure to fill in log books," Ms Dickens said.
She said the company had worked with the regulator to agree on an enforceable undertaking, but it was ultimately rejected.
She said Mr Walkden had been in the industry a long time and had seen significant change.
She said that initially, it was drivers who had to monitor their hours, but it had now expanded to companies.
Ms Dickens said the company had installed some equipment at a cost of $191,472 but would have to install teletrackers for a further $90,000 to $100,000.
She said the company's solvency could be at risk if magistrate Sharon Cure levied a large fine.
"The company is barely breaking even because of rising fuel prices and it has lost its business on the mainland and through the effects of absenteeism and sickness," she said.
She said a large trucking operator, Scotts, based in Mt Gambier, had recently gone into administration.
Ms Dickens told the court that she took issue with a description of a "culture of systemic breaches".
Ms Baker sought to play an excerpt of Mr Walkden's interview with the regulator. She said that Mr Walkden's attitude, tone and body language were demonstrated in the interview.
Magistrate Sharon Cure did not accede to the request saying that the manner of interview could influence a person's responses.
The case was adjourned for sentence until May 4, 2023, at 2.15pm.
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