License suspended after wheel loss incident in which all 10 wheel nuts were missing.
A Scottish demolition company has been suspended from operating vehicles after a Deputy Traffic Commissioner ruled its conduct had been “seriously remiss”.
The order will only be lifted when the directors of Chamic Demolition Services Ltd appoint a new transport manager. It means that the business is prevented from using any HGV vehicle under its licence.
The decision follows a public inquiry held in Edinburgh last month into a wheel loss incident involving the company’s HGV.
On 1 August 2012, the vehicle’s nearside wheels became detached on the A904. When the Police arrived at the scene, the vehicle was perched on the flyover above the A90.
During investigations into the incident, a VOSA examiner reported concerns over the company’s procedures for keeping its vehicles roadworthy. The examiner also questioned whether the driver of the vehicle carried out a visual check of the vehicle before using it on the day, to identify any defects, such as loose wheel nuts.
The examiner found that all 10 of the wheel nuts were missing after the incident.
The Deputy Commissioner also heard the company was unable to produce evidence to prove the vehicle had been given routine safety inspections, as required, and had no formal driver defect reporting system in place, where employees are required to visually inspect vehicles for defects. Other shortcomings were discussed during the hearing.
Company director Michael Hunter told the Commissioner that he could not believe the vehicle had missed any inspections and explained improvements that had been made or were due to be introduced by the business, including on the issue of wheel security. The business also admitted the incident had been a “massive wake up call”.
In evidence during a conduct hearing, the driver, Alan Robertson, said he had carried out a first use check on the vehicle, including the tyres and wheel nuts.
Mr Astle also heard from the company’s transport manager.
Issuing his findings in writing, the Deputy Commissioner said there was no evidence that any single person had clear, continuous or effective managerial responsibility for the vehicle or maintenance systems. He said Mr Hunter showed a “willingness to comply with the requirements of the operator licensing regime” but noted this had not been matched by a satisfactory regime or personnel.
That included the company’s transport manager, John Kennie.
The Deputy Commissioner said Mr Kennie “failed to ensure the necessary systems for maintenance of vehicles” had been place and also “failed even to be aware of the extent to which there was such failure”.
In respect of the driver, Mr Astle said he considered it more likely than not that the wheel nuts were loose at the beginning of the journey.
“If the check had been properly carried out they would have been discovered and the dangerous wheel loss prevented.
Mr Robertson’s licence to drive HGVs was suspended for a period of 60 days from 29 March 2013.
