Earlier this month Work Safe Victoria successfully won an appeal to increase a fine for a heavy vehicle mechanical workshop from $210,000 to $350,000 following a fatal truck crash that claimed three lives in 2014 (LINK).

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From the Work Safe media release:

The Court of Appeal heard the $210,000 fine and conviction initially imposed on Heavy Mechanics Pty Ltd last year was manifestly inadequate.

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In June 2021 the Wodonga County Court found Heavy Mechanics guilty of a single charge of failing to ensure, as far as reasonably practicable, that people other than employees were not exposed to risks to their health and safety.

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The court heard that in August 2014, a petrol tanker serviced by the company de-coupled on the Wodonga-Yackandandah Road at Staghorn Flat.

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The detached trailer crossed the road and struck two cars travelling in the opposite direction, killing all three occupants including a four-year-old child.

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A WorkSafe investigation found the tow-eye coupling that connected the prime mover and trailer was excessively worn and had failed under load. At the time of the incident it had been used for more than three years and 350,000 kilometres.

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The court heard Heavy Mechanics had serviced the truck just days prior to the incident, including testing the tow-eye coupling, but that testing did not involve an accurate visual inspection or testing while the truck was detached from the trailer, and that this had limited the ability to inspect the parts involved.

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Safety critical components

The drawbar, tow-eye and coupling device are safety critical components and they must be designed, manufactured, installed and maintained to high standards to ensure they continue to operate without risk of failure.

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National Heavy Vehicle Regulator Alert - Inspect the coupling systems

On 5 September 2014 the NHVR released the “Safety and compliance alert 1a/2014” (LINK) which advises the operators of dog trailers, pig trailer and/or road train dolly fitted with these types of coupling, to inspect the coupling systems to ensure their integrity, with a particular

focus on the drawbar eye fitment.  It may be a good time to remind your teams and service providers of the importance of proper inspection of these components.

Drawbar eye bushes must not be retained by welding.

Heavy vehicles are required to comply with the guidelines set out in Section P of the National Code of Practice - VSB6 for Heavy Vehicle Modifications (LINK). Section P relates to the fitting of tow couplings and fifth wheels to heavy vehicles (LINK).

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The National Code of Practice - VSB6 for Heavy Vehicle Modifications, Section P, 6. Installation requirements, tow coupling states:

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• Replace deformed, badly worn or fractured drawbar components with new components or repair them in accordance with manufacturer recommendations.
• Fit drawbar eye bushes in accordance with manufacturer instructions and ensure they are not retained by welding.

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Welding of the bush to the tow-eye coupling can alter the grain structure of the metal in this critical part of the coupling and may permanently reduce its strength, leading to cracking and possible catastrophic failure.

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National Heavy Vehicle Regulator Safety Bulletin - Suzi coils on drawbar type trailers

In January of 2021 the NHVR released the Safety Bulletin - Dangers of using coiled brake system air hoses (suzi coils) on drawbar type trailers (LINK) which included a warning: 

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In situations where a trailer, fitted with a drawbar, unintentionally disconnects from its towing vehicle, suzi coils can significantly delay the activation of the trailer’s emergency brakes.

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The dangers of suzi coils on drawbar type trailers 

From the NHVR safety bulletin:

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The combination of the design of the trailer, and the use of suzi coils, has resulted in the suzi coils stretching, allowing the trailers to travel significant distances before the emergency brake system has activated. In some extreme cases these trailers have drifted into other lanes with a total lack of emergency brake application due to the extent that the suzi coils have stretched.

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The Swiss Cheese effect 

You can see from the above that a combination of events have led to a tragic outcome. A proper system of control for each of the components in isolation could have reduced the risk of the event occurring. The key takeaways are to ensure that your equipment is fit for purpose and that it is being maintained appropriately.

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Who would be charged under the current HVNL

The incident described at the start of this article occurred in 2014 and the Heavy Vehicle National Law (HVNL) was changed in 2018 to include the primary duty to ensure the safety of transport activities related to the vehicle. 

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The definition of transport activities in the HVNL includes contracting, directing or employing a person to carry out another activity associated with the use of the vehicle such as maintaining or repairing the vehicle. This means that as a party in the CoR you have to ensure that the way you interact with the maintainers of the vehicle is generating safe outcomes on the road.

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