Transport Agency's Waiheke probe part of a wider crackdown

Wednesday, 24 October 2018

Drivers wait to have vehicles tested at a VTNZ station.

A crackdown by the NZ Transport Agency into compliance of the VTNZ Waiheke Island vehicle testing site is part of a wider series of compliance investigations.

It comes as NZTA chief executive Fergus Gammie acknowledged concerns of Transport Minister Phil Twyford that the agency had been too reliant on self-regulation for several years.

NZTA is responsible for ensuring safety of vehicles and highways.

The Waiheke failure arose after the VTNZ roller brake machine broke down. The rules allowed testing companies a two-day window when they could use a decelerometer test - braking on a hard surface - instead of the more accurate roller brake machine that measured the braking on each wheel.

For 18 months the VTNZ Waiheke station used the decelerometer method, which may not detect whether a vehicle might veer to one side under heavy braking.

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NZTA raised the issue with VTNZ after a review in 2017 and worked with them until re-installation of a roller brake machine in July this year, an NZTA spokesman said.

The site was visited by NZTA inspectors last week to ensure it was operating in compliance with required standards.

Several Fullers360 buses were tested during the period. Its chief executive Mike Horne said that after receiving information that VTNZ may not have been using the correct machine as advised, the vehicles were re-tested.

'All vehicles that were certified compliant but potentially tested by alternative methods were re-tested on the roller brake machine. Each vehicle's COF has been updated to log the roller brake testing, so we can be assured they're all compliant,' Horne said.

However NZTA said it did not believe there was a safety risk for the several hundred heavy vehicle and bus braking tests carried out over the period, the spokesman said.

The decelerometer test was approved for remote offsite locations, and the method had been used for several years by the Waiheke Island site before it was equipped with a roller machine and re-classified as a grade 3 site from grade 4.

Similar methods were currently used by a number of other remote offsite testing locations, he said.

'The circumstances of this case are being investigated as part of the Meredith Connell review of open compliance files.

'Any outstanding issues identified through that review will be fully addressed,' the spokesman said.

NZTA will set up a new focused regulatory division, with more staff and resources.

It recently appointed two extra heavy vehicle engineers and two additional auditors, with a third being recruited. Recruitment was also underway for 17 warrant of fitness and certificate of fitness inspectors.

Two weeks ago NZTA announced an extensive review of 850 'open compliance files', and that it was getting tough on enforcement. Open files were ones under investigation.

Transport Minister Twyford attributed years of laissez faire compliance to underfunding by the previous National-led Government.

Gammie said for many years NZTA had operated a high trust, devolved regulatory regime, working with a network of qualified professionals to carry out services and focusing on education.

'It is clear that our approach has not been sufficiently robust to categorically ensure the highest levels of regulatory compliance. The Transport Agency has been too reliant on self-regulation.'

'The public can expect full accountability and an increased number of enforcement actions to ensure compliance,' Gammie said.

He said 63 of the 152 high priority compliance files were being closely investigated.

This had resulted in two further suspensions to heavy vehicle certifiers. Four certifiers have now been suspended.

Timaru-based certifier Adam McFarlane was suspended in early October, along with Auckland-based Patrick Chu.

They followed the suspensions of Wellington-based certifier Dick Joyce in June, and Nelson-based certifier Peter Wastney in 2017.

The agency revoked certification of 34 heavy vehicle towing connections certified by Joyce, leading to four vehicles being taken off the road.

The open files were identified by law firm Meredith Connell, engaged by the NZTA board in September.

The compliance areas included warrants or certificates of fitness, inspecting organisations, heavy vehicle certifications, transport operators and drivers following rules, course providers, and assessment for drivers sitting a range of licences.

NZTA will also set up an anonymous whistle blower phone line.