Court Summary - at a glance

Date of offence:
10 October 2015
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$15,750

Safety lessons learned:
  1. Ensure that there is a documented standard operating procedure for refuelling in place;
  2. Ensure that employees are trained on the documented standard operating procedure for refuelling and were signed off as being competent to complete the task;
  3. Ensure that the fuel containers were sufficiently filled to complete the task;
  4. Use visual cues such as painted lines on the fuel tank and cap to indicate which when the cap is unsecure and when it is secure; and
  5. Ensure that secondary checks of the fuel caps are undertaken prior to the commencement of the go kart racing.

Defendant name:
PLM 5456 Limited (trading as Daytona Indoor Raceway Hamilton)
 
Industry:
Arts and recreation
 
Date of offence:
10 October 2015
 
Facts in brief:
The Defendant operates a Go-Karting raceway in the Hamilton area.

The victim was a paying customer utilising the service of the defendant.

On the day of the incident, the victim was operating a kart owned by the Defendant. During the race the victim collided with the barrier and spun out, fuel escaped and ignited. The victim suffered burns to his body.

The investigation revealed the fuel cap was not secured properly and there was no steps put in place to check the cap integrity before the race.
 
Offence section:
Section 16(2)(b)(i) and section 50(1)(a) of the Health and Safety in Employment Act 1992.
 
Date(s) charged:

Court:
Hamilton - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$15,750
 
Maximum fine available:
$250,000
 
Reparation:
$9,584.92
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