CONTACT CENTRE WAIT TIMES: Our Contact Centre is currently experiencing significant wait times. View frequently asked questions

SCAM ALERTS: Report a phishing scam or learn about the latest phishing emails

REGO AND RUC LABEL ERROR: There was a postage error with labels purchased on the 15 August 2022. Find out more

CONTACT CENTRE WAIT TIMES: Our Contact Centre is currently experiencing significant wait times. View frequently asked questions

ROAD USER CHARGES (RUC) DISCOUNT: Find out more about the temporary RUC reduction scheme

ONLINE SERVICES: We are currently experiencing issues with all our online services at the moment. We are working to resolve the services as soon as possible. We apologise for any inconvenience caused.

COVID-19 SERVICES UPDATE: Information on Waka Kotahi services, extensions and more

ONLINE SERVICES: We currently have an issue with receiving some payments and are working to resolve this issue as quickly as possible. We apologise for any inconvenience.

EASTER WEEKEND – PLAN AHEAD: Heading away for the long weekend? Check our holiday journeys tool(external link)

SCAM ALERTS: Refund email and Vehicle licence (rego) renewal phishing emails

CONTACT CENTRE WAIT TIMES: Our Contact Centre is currently experiencing significant wait times. View frequently asked questions

CONTACT CENTRE PHONE LINES: Our Contact Centre phone lines are currently unavailable. View frequently asked questions

Heavy fines after "chain of responsibility" convictions

|

An Auckland transport firm has had its Transport Service Licence revoked after it was successfully prosecuted by the NZ Transport Agency for allowing its drivers to breach work time and logbook rules.

The Company Director of K B Contracting, Kelly Barbarich, was accused by the NZTA of breaching the “chain of responsibility” section of the Land Transport Act.  The chain of responsibility recognises that all the people, including directors and owners, who influence the behaviour of drivers and compliance with the law must be held accountable for breaches.

The NZTA says Barbarich was convicted in the Manukau District Court earlier this month of ten charges – eight laid by the NZTA and two by the Police – relating to the misuse of work-time and logbook rules.   He was fined a total of $25,000, plus $1300 court costs. 

In addition to the court penalties, K B Contracting’s Transport Service Licence was revoked by the NZTA, meaning it can no longer operate.   The company operated a fleet of five trucks for general cartage, and for carrying aggregate, earth and blacktop for roading projects. 

The NZTA’s evidence said the company’s drivers regularly ignored the maximum of 13 hours work before they were required by law to take a continuous rest period of at least 10 hours.  The NZTA told the Court it was clear that K B Contracting’s owner condoned his drivers breaching work-time and logbook rules, and would have been fully aware of the hours they worked.   

The successful prosecution has been welcomed by Ian Gordon, the General Manager of the NZTA’s
Access and Use regulatory division, who said the fines and the TSL revocation reflected the seriousness of the offending.

“The safety of people is put at risk by companies which cut corners, or ignore or encourage abuses of the law.” Mr Gordon said.  “The NZTA is determined to regulate firmly and fairly to keep the roads safe for everyone – and that includes those people behind the wheel of K B Contracting’s trucks.”

In separate prosecutions, several of the company’s drivers were convicted and fined for exceeding work-time and logbook rules.

 

Tags