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Bureaucrats went too far on demerit points, lawyer claims

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09.04.2009

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Bureaucrats went too far on demerit points, lawyer claims

Bureaucrats went too far on demerit points, lawyer claims

Quote:

A law firm has raised doubts over the legality of demerit points for work diary offences in New South Wales.

King Christopher Lawyers has found evidence it claims shows truck drivers should not be receiving demerit points if found guilty of work diary breaches under fatigue management regulations.

The firm's David King-Christopher points to the Road Transport (Driver Licensing) Amendment (Fatigue and Speeding) Regulation, which was passed to apply demerit points to fatigue management infringements.

In an explanatory note on the regulation, Minister for Roads Michael Daley writes that those who are “convicted” of offences will receive demerit point penalties.

However, a clause in the regulation goes beyond Daley’s description by extending demerit points “where a court finds the person guilty of the offence”.

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