No further action was taken against an operator with robust procedures in place following a wheel loss incident in January, after its maintenance provider failed to identify a worn spigot
In mid-June, Traffic Commissioner (TC) for the North West of England Gerallt Evans published his written decision in the case of Hobans 1923 Ltd and associated Traffic Manager Alison Burgess, confirming an earlier oral decision following the company’s call to public inquiry (PI). The inquiry was held at Golborn on 12 June, and was notable in that no further action was found necessary as a result of the operator’s pro-active stance.
Hobans is the holder of a Standard International Public Service Vehicle operator’s licence (PC2011998), authorising the use of 15 vehicles and issued in 2018. Its directors are Richard Hoban and Gadvoranun Hoban. Since June 2021, Alison Burgess, who is employed by the operator on a full-time basis, has held the role of Transport Manager.
The PI was called following a wheel loss incident on 4 January his year, which was reported by the operator in line with the statutory requirements. This lead to an unannounced DVSA maintenance investigation visit on 11 January 2023, when the vehicle concerned was issued with an S-marked prohibition. The unsatisfactory findings contained within the Vehicle Examiner’s report were largely attributable to the wheel loss incident, although some other issues such a stretched inspection interval and completion of PMI sheets were highlighted.
The Vehicle Examiner found the wheel involved had not been correctly secured on it spigot, and that the spigot was worn. It was noted that the vehicle had passed its annual test a couple of weeks earlier on 23 December 2022, and the wheel loss occurred on its first day back in service after the Christmas break.
The maintenance provider claimed that the wheel loss was caused by a failure to undertake the recommended third re-torque of the wheel. However, the operator stated that the re-torque was not due at the point of failure, and attributed the incident to the provider’s failure to spot the wear to the spigot.
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Both the operator and Transport Manager (TM) Burgess were called to public inquiry to examine the cause of the wheel loss and to consider whether the systems they had in place were adequate to prevent a recurrence.
Previous history
The operator and Mr Hoban, who was the company’s Transport Manager at the time, were previously called to PI on 29 June 2021 following a DVSA investigation in May 2019 that found serious infringements of drivers’ hours regulations and raised questions about the effective and continuous management of the licence by Mr Hoban as Transport Manager.
At that inquiry, TC Davies found that the grounds for regulatory action were met, and that Mr Hoban’s repute as Transport Manager was tarnished, but was not lost due to the steps he had taken to recognise his shortcomings and appoint a more effective Transport Manager for the licence.
At the time, a condition was attached to the operator’s licence limiting the number of vehicles authorised on the licence to two for a period of 28 days from 16 July 2021 until 13 August that same year. The TC also took into account an undertaking offered by the operator to remove Mr Hoban as Transport Manager, and for him not to seek reappointment thereafter.
The appointment of Ms Burgess was discussed at that hearing and subsequently approved. The company also agreed to arrange an audit in January 2022, the result of which was satisfactory and no further action was taken.
2023 inquiry
The operator was called to PI by letter on 3 May this year, which gave notice of the issues of concern to be considered. Transport Manager Burgess was called up by letter of the same date. The operator was represented at the PI in person by its director, Richard Hoban, and by Transport Manager Burgess. Legal representation was provided by Mr James Backhouse of Backhouse Jones solicitors.
A comprehensive bundle of vehicle maintenance records and documents relating to management of drivers’ hours was provided in advance by the operator, which the TC found to be satisfactory, with no matters requiring further scrutiny arising from anything contained within.
The circumstances of the wheel loss incident were looked at; the TC observed that it was notable that the vehicle had not been used to any extent between the annual test and the incident due to the Christmas holidays. The Vehicle Examiner was satisfied that the operator already had robust systems in place for wheel security, and the TC agreed that his findings tended to support the operator and TM Burgess’ account of how the incident occurred.
No action needed
“I am satisfied the operator has sufficiently strong measures in place for wheel security and that a recurrence is less likely. Action has also been taken to raise awareness with the maintenance provider of the standards expected including arranging for a fitter to attend formal training alongside TM Burgess,” TC Davies commented. “I note the operator is proposing to develop its in-house capacity to undertake maintenance in future and applaud that initiative.
“Any wheel loss incident must be regarded as serious because of the risk of catastrophic consequences they present. However, having examined the facts of this particular case I am struggling to identify a basis for criticising the approach of the operator and the TM. Further I am satisfied they have also taken steps to reduce the risk of recurrence and to strengthen their approach to compliance more widely.”
The TC concluded that formal regulatory action was not required to ensure this operator’s future compliance, as a result of its existing good procedures. “I am satisfied that the call to public inquiry has prompted the directors and TM to reflect on their approach and will serve as a sufficient reminder of the standards expected,” he added, noting additionally that the operator had also commissioned its own audit for June 2023. The TC added that he was reassured by the operator’s willingness to undertake to share a copy of that report with him in due course.
Concluding, he directed that no further action was necessary in relation to the incident.
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