The man who was behind the wheel of a fuel tanker when it crashed and exploded into a fireball, killing two people on Sydney's northern beaches, has been committed to stand trial.
Shane Anthony Day, 47, is charged with two counts of dangerous driving occasioning death and one count of dangerous driving occasioning grievous bodily harm following the crash at Mona Vale in October 2013.
"There is clear evidence the accused was driving in a manner dangerous to the public," magistrate Janet Wahlquist said at a committal hearing at Downing Centre Local Court on Wednesday.
The court heard Day's truck was pulling more than 30,000 litres of fuel when it crashed at the bottom of a steep hill on Mona Vale Rd, rolled onto its side, hit several cars and burst into flames, killing two people and injuring five.
The defence has argued Day was unable to properly slow and stop the Cootes Transport truck because it had various mechanical problems, including faulty and worn brakes.
But the crown has argued evidence, including GPS readings and video from the dashcam of a nearby car, indicate Day was driving too fast and was in too high a gear for the steep descent.
The best gear would have been fourth or lower, the court heard, but evidence suggests Day could not have been in a gear lower than ninth.
"He would have been aware that to not use a lower gear was dangerous," Ms Wahlquist said as she committed Day to stand trial on May 15 in the District Court.
She added that he would have driven the route before and would have known that the dangerous nature of his fuel load called for "special caution and driving techniques".
Speaking outside the court, Day's lawyer Dennis Miralis said the defence would argue at trial that the truck was defective.
"All witnesses agree that the brakes were beyond their wear, the brake drums should have been replaced, and the brakes were out of adjustment.
"This was a truck that should not have been on the roads, and Mr Day was not aware of the extent, or at all, of the significant defective brakes."
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