Charges brought by Transport Safety Victoria against Bacchus Marsh Coaches, the operators of Gold Bus Ballarat, and two of its officers have been discharged in the Melbourne Magistrates Court.
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At a committal hearing held today, the presiding magistrate found there was not enough evidence that a jury could consider against the company, its director Peter McKenzie and former general manager David Nickels over an accident in 2016 where a Gold Bus Ballarat struck a three-metre-high South Melbourne bridge on Montague Street.
Costs were awarded against Transport Safety Victoria, which brought the charges under the Bus Safety Act 2009, alleging "those accused knew, or ought reasonably to have known, about the risk posed by low-clearance bridges and available means to eliminate or reduce this risk."
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At the time Transport Safety Victoria brought the charges, the maximum penalty for individuals was set at $285,426 and the company faced a maximum penalty of $1,427,130.
Driver of the bus Jack Aston was sentenced to five years and three months with a minimum of two-and-a-half years jail in December 2018. That sentence is currently being appealed.