U-turn on 1400 towbar checks by Transport Agency

Thursday, 7 February 2019

The Transport Agency will pursue ways of recouping the cost of recertifying and repairing towbars from suspended engineer Patrick Chu.

In a major about face the NZ Transport Agency has agreed to cover the bill - likely to top $1 million - for rechecking more than 1400 towbars following an urgent meeting of the agency board.

Earlier this week three major towbar manufacturers wrote to board chair Michael Stiassny saying it was unfair to make customers pay for the recertification of towbars signed off by suspended heavy vehicle specialist Patrick Chu.

Meredith Connell lawyer Steve Haszard, who is overseeing the agency's compliance work, said that after reviewing the circumstances of the affected vehicle owners and the impact on associated businesses, the board agreed on Thursday morning to cover the costs which could amount to between $1m and $1.5m and would try to recoup this from Chu.

'While the Transport Agency believes the liability of covering the costs lies with Mr Chu, this decision has been made in order to lessen the impact of the revocations on vehicle owners.

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'Safety is the NZ Transport Agency's top priority, which is why the decisions to revoke some certifications have been made. We make no apology for putting safety first, but we know that this action has had an unfortunate impact on some businesses and individuals.'

The agency previously agreed to meet costs for rechecking work of another suspended certifier Peter Wastney and towbar manufacturer Shirley Aro of Aro Bros said it was manifestly unfair not to offer this to businesses caught up in the Chu recall.

She welcomed the U-turn by the agency and the decision was delivered in person by Haszard who flew to Auckland on Thursday afternoon to tell her the news.

'We are really pleased that the NZTA Board intervened and that common sense prevailed.

'New Zealand is a country of small businesses and nobody wants or needs the stress that we have been through. It is good to have some positive news to tell our customers for a change.'

Vehicle owners will be provided with details on the refund process for recertifications and repairs next week.

Haszard said the decision to revoke the towbar certifications in December was made following a thorough investigation of Chu's previous work, which identified potentially serious safety risks.

'[He] consistently misapplied strength standards when certifying these towbars, meaning they could fail while towing heavy loads.

'We urge vehicle owners to understand the seriousness of this issue.

'They may continue to operate these vehicles, but for the safety of themselves and other road users they cannot legally use these towbars until they have been recertified and if necessary repaired or replaced,' said Haszard.