11 hours ago
Linq Buslines accused of safety breaches over Hunter Valley disaster
A bus company linked to the deadly 2023 Hunter Valley bus crash, and its directors and managers, are being prosecuted for alleged heavy vehicle law breaches.
Last year, Brett Andrew Button was jailed for at least 24 years over the crash which killed 10 people returning from a wedding in the Hunter Valley in June 2023.
The court found the high concentration of opioid Tramadol in Button's system at the time would have impaired his driving ability.
The coach was operated by Linq Buslines Pty Ltd.
The company's directors and two managers had matters heard in Gosford Local Court on Tuesday.
They're accused of heavy-vehicle safety breaches, including alleged failed drug testing policies between November 2022 and June 2023.
Fines of up to $1.7 million can be imposed for the most serious offences.
Manager Rodney Parker was accused of two breaches of duty under national heavy-vehicle laws and two counts of breaching the duty of an executive of a legal entity.
Mr Parker is accused of contravening his duty by allegedly failing to ensure he didn't cause or urge drivers, like Button, to contravene heavy-vehicle laws.
According to the charge sheet tendered in court today, Mr Parker is accused of "disclosing to Mr Brett Button that drug testing was to take place on 6 February 2023," four months before the crash.
Button started working for Linq Buslines in November 2022 and the court documents alleged Mr Parker had not contacted any prior employer.
"He failed to exercise due diligence by not making reasonable enquiries of a person authorised by Mr Brett Button's prior employer as to any matter impacting upon his capacity to perform the role and to safely drive buses," the documents said.
Area Manager Katie Parker, who was responsible for scheduling and directing the local fleet of 16 buses, was also charged.
"[She] failed to ensure as far as reasonably practicable drivers were not driving under the influence of substances that rendered their driving unsafe by implementing regular random drug testing of drivers," the documents said.
Directors Anthony John Royle and Christopher Terrence Fogg are also accused of three counts each of breaching national heavy-vehicle laws.
"[The pair] failed to exercise due diligence to ensure the company complied with its duty, contrary to the law, and it contravened its duty, contrary to heavy-vehicle national law," according to the court documents.
It is further alleged that the company had a duty to minimise or eliminate risks posed by drivers.
It was alleged the company, "failed to ensure it had procedures and policies to prevent drivers driving under the influence of substances that rendered their driving unsafe."
Linq Buslines is separately charged with similar offences.
The matter will return to court in September.
