Truckies blame regulators for inadequate oversight of towbar certification
Tuesday, 24 April 2018
The freight industry is blaming regulators for failing to detect that towbars on more than 800 commercial vehicles were certified as safe when they may not be.
Road Transport Forum chief executive Ken Shirley said New Zealand Transport Agency (NZTA) had failed in its responsibility to monitor and audit engineers that certify trucks.
The practices of professional body, Engineering NZ, were being questioned too, he said.
'We are very disappointed with the failures that have been exposed here.'
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NZTA on Monday ordered the owners of more than 800 trucks , to not use their towbars with immediate effect.
The trucks were all fitted towbars certified safe by Nelson firm Peter Wastney Engineering
NZTA's revocation of towbar certifications could make Wastney liable for the cost of re-certifying the hundreds of trucks affected.
Shirley said numerous class actions against Wastney were being considered by vehicle owners.
Wastney was contacted for comment.
The vehicle owners, most of them in the Nelson, Marlborough, Tasman and West Coast regions, would receive letters from NZTA this week.
In February, NZTA issued a safety notice to 1800 heavy vehicle owners who had their towbars or drawbars once certified by Peter Wastney Engineering.
Drivers must check their towbars and drawbars for visible cracks, and have them checked by another safety certifier.
NZTA operational standards Manager Craig Basher said 61 of the 62 towbars inspected by other certifiers since February were not fit for purpose and could potentially fail when used.
Due to the towbars' 'serious safety risks', NZTA ordered them not to be used until they were replaced or re-certified by an approved heavy vehicle engineer.
Shirley said the real size of the problem was yet to be revealed.
If the safety certification of drawbars, a bar on trucks used to tow loads heavier than 3.5 tonnes, was revoked by NZTA, there would be widespread disruption to the freight industry, he said.
'This problem looks like it is going to be a lot bigger. The cost is going to be horrendous. We are deeply concerned.'
NZTA issued an exemption for affected vehicles to remain roadworthy, as long as the towbars were not used.
Wastney's heavy vehicle certification was suspended in September last year. He had since surrendered his certification authority.
Wastney sought legal advice over the NZTA safety notice earlier this year.
A notice on Peter Wastney Engineering's website said neither he, or his company, were liable to pay for the cost of re-certification because the certificates issued by his company had not been ruled invalid.
However, NZTA's announcement on Monday revoked the certifications his company issued.
Wastney was censured by the Chartered Professional Engineers in 2013 after a complaint was laid over a used imported cherry picker from Japan, which Wastney's company certified as safe and serviceable, broke down.
Wastney was fined $1500 plus $3000 towards costs of the investigation.
Engineering NZ said Wastney's registration as a chartered professional engineer was suspended on February 19 because it lapsed and he had not re-applied.
A notice on Peter Wastney Engineering's website said Engineering NZ's claims were incorrect.
'Peter [Wastney] has been in the process of renewing his registration, and had payment of fees for his registration renewal accepted, and was in correspondence with Engineering NZ as late as 30 January 2018 re final steps to complete the registration.'
Wastney's company remained registered to an address in Nelson, Companies Office records showed. It was incorporated in 2002 and filed an annual report in October.
It was reported the company was closing in February.