Vic motoring club fined after fatal crash

Vic motoring club fined after fatal crash

A Melbourne court has ordered Victoria's peak motoring body to pay a fine of $475,000 following the death of a roadside assistance driver in a fatigue-related crash in 2018. Victoria's peak motoring body has been convicted and fined over safety failures that contributed to a fatal outcome for a subcontracted worker.

Guilty Plea and Sentencing

The motoring club was sentenced on Thursday after previously pleading guilty to one charge of failing to ensure that persons other than employees were not exposed to health and safety risks. This case highlights how Victorian courts continue to hold organisations accountable for fatal workplace incidents, even where the injured worker was not directly employed by the fined entity.

The court heard the driver was employed by another company, which was subcontracted by the motoring club to operate a roadside assistance service. This arrangement did not exempt the club from its broader safety obligations under Victorian law.

What Happened in the Fatal Crash

The driver had been working for 17 hours when he ran off the road and struck a tree at Healesville in the early hours of 10 March 2018. Evidence at the crash site indicated the driver had fallen asleep at the wheel, a finding consistent with fatigue-related crash patterns seen across Australia's transport and roadside service sectors.

Similar outcomes have occurred elsewhere, including a trucking company fined after a fatal traffic crash involving driver fatigue, underscoring an ongoing pattern across the transport industry.

Fatigue Management Failures

The court heard the motoring club did not have a safe system of work related to fatigue. Without documented fatigue controls, workers face heightened risk during long shifts, particularly in roles requiring extended driving hours or unpredictable callout schedules.

Organisations seeking practical guidance can reference resources such as the OHS Driver's Manual (Vic), which outlines fatigue and driver safety obligations for Victorian workplaces.

WorkSafe's Response

WorkSafe Executive Director of Health and Safety Narelle Beer said, "The dangers of fatigue are well known and, as we have tragically seen in this case, managing those risks can be the difference between someone going home at the end of the day or losing their life at work."

Beer's comments reinforce a consistent message from regulators: employers and principal contractors alike carry duties that extend beyond direct employment relationships. Businesses operating vehicles or overseeing subcontracted drivers should review their systems regularly, much as seen in other enforcement actions, including a case where a Vic business was fined after a tank container fire due to inadequate risk controls.

Key Takeaways for Employers

• Fatigue risk must be actively managed, not assumed to be controlled by shift length alone.
• Engaging subcontractors does not remove an organisation's duty to manage health and safety risks for non-employees.
• Documented, practical fatigue management systems are essential for any workplace involving extended driving or on-call duties.
• Regular review of environmental and operational safety plans, such as an OHS Environmental Management Plan (Vic), supports broader compliance efforts.

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