Ontraq pays driver's fines

• General News
• 9th October 2012

They didn’t have a Dolly permit and the load was over-size

Late last year TWU member Joe Faria Cleto was tasked by Ontraq Haulage to take an oversize load to Dampier.

The job required him to pick up another trailer in Chittering. This meant he had to take a dolly from Perth.

Ontraq did not have a permit for the dolly, and when the member raised this with his boss Kevin Otway he was told that if he was stopped by Transport Inspectors then Ontraq would pay any fine.

Also, the load was oversize and it did not comply with the legal requirements for such a load.

As it turned out Joe was stopped and issued with two Infringement Notices.

These were in relation to:

• Class 3 Vehicle contrary to notice/permit – fine $400; and
• Failing to comply with size limits for heavy vehicle – fine $400.

Joe gave the Infringement Notices to Ontraq, however, the company did not pay them.

Consequently Joe received reminder Notices in relation to the infringements. He contacted the TWU about this and TWU Organiser Glenn Ferguson handed these further Notices to Kellie Otway. Kellie undertook to deal with the infringements.

But the Otways didn’t pay and Joe received further pay up notices threatening court action if he didn’t.

Late fees had blown the total owing out to $936.

In order to avoid being taken to court in relation to those infringements Joe paid the fines out of his own pocket.

At this point the TWU gave up on negotiating with the Otways and made an application to the state industrial commission seeking an order for Ontraq to pay up.

However, before the matter could be heard the TWU received a cheque from Ontraq for the $936, which we passed onto a very pleased Joe.

The TWU is interested in hearing from drivers who have had similar experiences.