Director of Adelaide concrete suppliers fined $42,000 after death of driver

Tony Romano, a director of Pentland Concrete Pty Ltd, trading as Hi Mix Concrete in Adelaide, has been convicted and fined $42,000 for a category 2 offence under the Heavy Vehicle National Law (HVNL) in the Elizabeth Magistrates’ Court in Adelaide earlier this month.

The National Heavy Vehicle Regulator (NHVR) said the company’s director failed to maintain and service a fleet of heavy vehicles, resulting in the death of one of its drivers, Abraham Jabateh, in October 2020.

Jabateh died at the scene after rolling his concrete truck and crashing into a tree on Spring Gully Road at Piccadilly just before 1pm on October 13.

The NHVR said an inspection of the vehicle later revealed the truck’s brakes were so deficient that five of the eight wheel brakes, exhaust brake, service and emergency braking were not operational.

Acting Director of Prosecutions Iain Macdonald said that visual inspections were carried out on the company’s remaining fleet following the incident.

 NHVR Safety and Compliance Officers, alongside South Australia Police, inspected the fleet and discovered 21 of the 22 heavy vehicles were defective; 19 of those with major defects which posed a serious safety risk,” Macdonald said.

“As a result of this significant number of defects, a formal investigation was launched and revealed that the company had no effective policies or procedures in place for repairs, service or maintenance of their heavy vehicles.”

Macdonald said the company’s director failed to have appropriate maintenance and repair systems in place to operate safely, including to ensure the heavy vehicles were routinely serviced and reported faults repaired.

The NHVR is urging all operators to review the roadworthiness of their fleets following the prosecution.

“Every operator has an obligation under the HVNL to ensure the safety of their transport activities, ensuring their fleet receives regular maintenance inspections and repairs are completed as soon as a fault is detected,” Macdonald said.

“This incident is a tragic reminder of what can occur when an operator does not prioritise the safety of its employees, other road users and the community.”

In a separate charge, Pentland Concrete has entered a guilty plea for a Category 1 offence, with sentencing to occur at a later date.

Romano’s lawyer declined Big Rigs’ request for comment.

SA Police’s Traffic Services Branch told Big Rigs that police are committed to working collaboratively with NHVR to ensure heavy vehicle compliance and safety on South Australian roads.

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