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Home / New Zealand

Truck driver's logbook breaches discovered after fatal crash with cyclist

Tracy Neal
By Tracy Neal
Open Justice multimedia journalist, Nelson-Marlborough·NZ Herald·
28 Mar, 2022 01:00 AM3 mins to read

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A Nelson truck driver's log book breaches were uncovered after a cyclist collided with his truck. Stock image / 123RF

A Nelson truck driver's log book breaches were uncovered after a cyclist collided with his truck. Stock image / 123RF

A truck driver's false logbook entries were revealed after his truck collided with a cyclist, who died.

Carl Zander, who drove regularly between Nelson and Christchurch, admitted in the Nelson District Court on Monday charges of making false statements in a logbook and exceeding driving hours.

Judge Richard Russell said other road users relied heavily on truck drivers following the rules around the hours they were allowed on the road.

On November 22 last year Zander, 33, was driving a heavy truck south of Wakefield - about 20km south of Nelson city - and was en route to Christchurch on a regular overnight run, when he was involved in a fatal collision with a cyclist.

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The subsequent investigation took into account the class of vehicle which requires legal compliance with work times and logbook entries.

It revealed Zander had disguised work time exceedances as rest on a number of occasions, and had falsely recorded continuous work time for a single period in which he drove 848km over difficult and demanding roads at night.

Police said his explanation was that he "liked to get straight to Christchurch because they cooked a meal for him".

He said he often stopped on the return trip but usually for no longer than 30 minutes, thinking maybe that was "clever".

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Zander was currently not working as a driver, the court heard.

Judge Russell said the purpose of the legislation was to ensure commercial truck drivers were taken off the road for several months after such breaches of the law.

He noted Zander had been off the road for months as a result of the collision with the cyclist, which was not his fault.

"Where you were at fault was in falsifying logbooks."

Judge Russell said other road users relied on truck drivers to be alert, fit and properly able to drive.

Nelson Courthouse. Photo / Tracy Neal
Nelson Courthouse. Photo / Tracy Neal

"The consequences if you get this wrong are serious, but I accept the results of the incident have been profound and you have received counselling," Judge Russell said.

He said part of that was to help Zander get back behind the wheel, and while he did not want to interfere with that, neither did he want to interfere with the integrity of the legislation.

Zander was convicted and fined $600 and ordered to pay court costs. He was disqualified from driving for a month, back-dated to January 1 this year, which Judge Russell said meant he was now free to drive.

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