A Wagga mechanic has been fined more than $14,000 after failing to conduct adequate testing of a number of vehicles during road safety inspections last year.
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Jack Arthur Seaman, 33, pleaded guilty to 55 charges relating to the issuing of 27 false or misleading vehicle inspection reports last year in the Wagga Local Court on Wednesday.
The matter was heard over two days before the mechanic was sentenced, with Magistrate Philip Stewart branding his actions as "criminal" rather than laziness.
Between March 1 and March 8, 2023, Seaman - the authorised inspection station proprietor of Pearson Street business Jack Seaman Automotive - issued false or misleading inspection reports on the vehicles.
Court documents reveal no brake test was conducted on those vehicles during the inspection and that Seaman either "did so knowing[ly], or ought to have reasonably suspected that the inspection report was false and misleading."
Following an investigation into the matter, Seaman was charged with 27 counts of issuing false or misleading inspection reports, a further 27 counts of permitting the issue of false or misleading inspection reports and one count of breaching a condition of the examiner's authority.
On Monday, the court heard Seaman failed to use the appropriate brake-testing equipment when conducting the vehicle safety inspections.
Seaman's solicitor told the court when conducting a brake test he was meant to use a piece of equipment which attaches to the car pedal, and drive at 40km/h before bringing the vehicle to a rapid stop, recording how long it takes the vehicle to cease motion.
But the court heard this test was not carried out.
Facts tendered to the court have also now revealed how Seaman was caught out.
On March 8, 2023, a visiting authorised TfNSW officer turned his attention to the business, noting the defendant had issued 45 inspection reports between March 1 and March 8.
The officer then attended Jack Seaman Automotive, and after speaking with Seaman, the defendant provided copies of inspection reports, but was unable to produce copies of a large number of reports issued during that period.
Seaman then provided a copy of a report which listed all inspection reports issued between the relevant dates and was asked to initial each inspection he had undertaken himself.
When a brake test is carried out using mandatory equipment a brake test report is printed out, which includes a brake report number - that follows a sequence.
On closer inspection, the TfNSW officer noticed a discrepancy between the number of inspection reports and the increase in sequential brake report numbers.
On March 9, two TfNSW officers interviewed Seaman, where he admitted he had been issuing inspection reports without conducting brake tests.
He admitted that of the cars tested during that period, none had undergone a brake test.
When asked why he didn't brake test any of them, Seaman replied, "Just lazy, to be honest."
In court on Monday, Seaman's solicitor also revealed he has ceased trading as a mechanic and has accrued a $150,000 debt with the Australian Tax Office.
"He's lost the ability to trade out of his debt. Now he has to wear that [as] debts from the ATO tend to follow you around," the solicitor said.
The court heard Seaman is now no longer a registered mechanic and is instead working as a truck driver.
His solicitor told the court that with each inspection job billed at $43, Seaman's "net gain for all these transgressions" comes to approximately $1160.
A TfNSW representative told the court they noted Seaman's statement about being lazy, and also "possibly time poor" but said this did not excuse the behaviour.
"It doesn't negate [that] the reason these regulations [exist] is for community safety," the representative said.
Summing up the matter on Wednesday, Magistrate Philip Stewart said what "essentially occurred is a number of vehicles were submitted for inspection and their brakes were not properly tested."
Magistrate Stewart said this was a serious matter of community safety.
"People are entitled to believe that their brakes have been tested," he said.
But the magistrate also noted Seaman is apologetic and has acknowledged the impact of his actions on others.
Magistrate Stewart also took note that the defendant is now in "financial trouble" with a large debt, and despite the small profit he gained for the vehicle safety inspections, he delivered a sharp criticism of the actions.
"What [Seaman] describes as laziness, I would describe as a criminal action," he said.
Seaman was convicted and fined $14,300 and ordered to pay a further $700 in legal costs to TfNSW.