Harold Albert Elliott stood down for approving defective vehicles

A safety inspector who issued dodgy roadworthy certificates and knew his own wheels weren’t up to scratch has told a court he wants his job back.

A safety inspector, who was caught out granting roadworthy certificates for defective vehicles and was himself busted using an unsafe car to conduct his mobile inspections, has failed in his bid to step back into the role.

In a recently published decision by the Queensland Civil and Administrative Tribunal (QCAT), Harold Albert Elliot of Maryborough was said to have been issued nine infringement notices in relation to his performance as an examiner between October 22, 2019 and May 2020.

As a result he had been stripped of his status as an Approval Examiner and his Approved Inspection Station was cancelled by the Department of Transport and Main Roads.

The notices related to allegations he had issued safety certificates when vehicles had major defects which should have been apparent on a proper inspection required to be undertaken prior to issuing the safety certificate.

It was also alleged Mr Elliott had failed to keep and maintain equipment necessary for inspection as a mobile unit.

He had also been issued an infringement notice for driving a defective vehicle – the same vehicle Mr Elliott had used to carry out safety certificate inspections.

After his approval was cancelled, Mr Elliott requested an internal review and in February last year, TMR confirmed its original decision to cancel his approvals.

Then, in July last year, Mr Elliot filed an application with the Queensland Civil and Administrative Tribunal to stay the decision so he could continue operating.

A defective vehicle sticker.

The tribunal heard Mr Elliott claimed to have elected to have the infringement notices dealt with in court, but it was TMR’S evidence that the notices had defaulted to SPER.

“There is no evidence before the tribunal that Mr Elliott has contested the infringement notices in court, nor is there any evidence that he has paid the fines,” the documents read

The Tribunal heard from Mr Elliott who said he had attended the TMR office in Maryborough with “what I know was a defective vehicle as the vehicle had been bogged in my yard the previous evening and extracted”.

“My power steering had blown a hose as I picked up a bottle of fluid and proceeded as I didn’t want was to disappoint the (TMR inspector) again,” he said

“Other faults were found on my vehicle during the audit process and a major defect attached.

“These defects were remedied over the weekend and I believe clearance documents sent to the required address.”

A vehicle with a defective sticker.

The tribunal found these submissions, among others made by Mr Elliott “did not reflect well on him” and were capable in themselves of giving rise to the cancellation of his approval.

It heard Mr Elliott was married with a young daughter and accepted that as he was self-employed, and had been unemployed since his approvals were cancelled, he had suffered and would continue to suffer significant financial hardship if his approvals remained cancelled.

“In order to issue a stay, I must be satisfied that it is desirable to do so,” Tribunal Member Cranwell said in his decision.

“In the circumstances of this matter, I accept TMR’s submission that any financial hardship experienced by Mr Elliott is secondary to the public interest of all road users.

“It follows that I am not satisfied that is it desirable to issue a stay.

“The application to stay a decision is therefore dismissed.”

Originally published as Harold Albert Elliott stood down for approving defective vehicles