An industry veteran and a lawyer have joined forces to offer truck drivers an affordable legal service to combat frivolous charges
On a long trip, truckies usually think about two things, and getting booked is one of them. Heavy vehicles operate in an enforcement-rich environment and are subject to hundreds of potential offences with huge fines. Not to mention demerit points.
In a year, a long-distance driver can travel more than 20 times the distance of an average car driver but has the same demerit point limit. The team at Highway Advocates believes this is simply unfair.
Highway Advocates, headed up by lawyer Adam Cockayne and law undergraduate and practising paralegal Robert Bell, has recently been established as an affordable legal service for truck drivers and operators, covering every state and territory in Australia.
Melbourne-based Cockayne is the legal practitioner director of Highway Advocates and is a lawyer with 25 years’ experience in criminal and administrative law. A former managing prosecutor in a large government department, barrister and Court of Appeal criminal registrar, Cockayne, founded the online legal service Fine Defender in 2016 to challenge unjust fines and enforcement.
Cockayne is said to have achieved considerable success, including forcing five Victorian councils to refund $25 million in unlawful parking fines. Now applying his legal expertise at Highway Advocates, he says he is determined to ensure drivers and operators are treated fairly and don’t have their livelihoods jeopardised by simple mistakes. Cockayne states that he regularly appears in court in all jurisdictions.
“Having an industry insider on our team gives us a unique understanding of our clients’ situations, an ability to help them avoid the regulatory pitfalls and a genuine empathy,” Cockayne says, pointing to Highway Advocates CEO and director Robert Bell.
Based in Brisbane, Bell spent more than 20 years driving trucks. He has been a long-term advocate for the industry, appearing in Senate hearings and industry focus groups. He has published several articles in the transport press and appeared on the ABC’s 7.30 Report.
Bell says his experience as a driver and his expertise in road transport legislation puts him a strong position for Highway Advocates’ clients. Currently undertaking a law degree, Bell says the fact that he’s “been there” means he understands the issues drivers face and believes most drivers simply make honest mistakes.
“We can help you with a fatigue breach, a camera-recorded offence, a weighbridge avoidance, load restraint or dimension breach, or any of the hundreds of other offences under the road transport legislation,” Bell says.
“And, if you’ve racked up thousands of dollars in past fines and enforcement fees, which you’re trying to pay off or ignore, call us to find out how to get these reduced, or even waived in some cases.
“We can help you whether you’re guilty or not guilty.”
Bell says if a client is not guilty or has a good defence, Highway Advocates can take the matter to court and contest the charge.
“If you are guilty, we can still take your matter to court and get a good outcome,” he adds.
“Some people believe there’s no point going to court to plead guilty, and you should just pay the fine. This couldn’t be further from the truth.
“The court has a wide discretion, and we have the expertise to identify mitigating factors and what actions you need to take to persuade the court to be lenient. With the right advocacy you can avoid a conviction, a fine and the demerit points.
“Our clients often get a positive outcome that literally saves their licences and their livelihoods.”
Bell says it’s important to remember that a conviction or fine will stay on a driver’s traffic record forever and will go against them if they go to court for another traffic offence.
That both Cockayne and Bell are located in different states is no obstruction for representing clients in any parts of Australia. With courts implementing audio-visual technology, it allows them to appear in any court from a screen in their offices.
“We also travel to hearings, with a road trip planned this month that has us going down the Newell Highway,” Bell continues.
“Working across the jurisdictions also helps us to identify the flaws in the different systems.”
Bell points out that Highway Advocates charges a fixed fee or an hourly rate which he says is a fraction of the rate commonly charged by other law firms. It also operates a 24/7 hotline. “And ours doesn’t charge by the minute,” Bell adds.
Highway Advocates boasts strong links with various industry organisations, including the National Road Freighters Association, the Livestock, Bulk and Rural Carriers Association, as well as Women in Trucking Australia.