Call for truck safety review

BY LANE NICHOLS

A coroner wants a review of safety regulations governing heavy commercial vehicles after a Waikanae mother was crushed to death by a two-trailer truck with faulty brakes.

Laurel Anne FitzGeorge, 64, died on Rimutaka Hill Road when the brakes in a fully laden 40-tonne truck failed and it overturned on to her Mazda sedan in January 2007.

A coroner's decision made public yesterday says the driver, Naera Mac Richard Waimotu, was "on notice" about the vehicle's faulty brakes after two earlier incidents but had failed to have them checked.

Though he was charged with dangerous driving causing death and injury, Mr Waimotu was acquitted by a jury. The trucking company has since been shut down by the New Zealand Transport Agency for operating unroadworthy vehicles. Owner Wayne Maxwell Weber has lost his licence to run such a business, but was never charged. He said this week the matter was "dead and buried" and he refused to comment on whether he accepted responsibility for the death.

Mrs FitzGeorge's son Brodie, 29, is angry no-one has been held accountable for killing his mother. He backs a call by coroner Garry Evans for a review of safety regulations governing commercial trucks – though NZTA officials say changes are already being implemented to weed out unsafe operators.

"Justice hasn't been done ... Wayne Weber was the owner of the company. He's never even set foot in a court regarding this matter. His attitude is absolutely disgusting. I bet he's sitting back chuffed, rubbing his hands because he got away scot free."

The coroner's findings show Mr Waimotu's truck had a current certificate of fitness, but had been poorly maintained. The vehicle had done about 13,000km since its brakes were last serviced and had "locked up" a week earlier.

Experts told the inquest that prudent drivers had trucks inspected every 5000km to 10,000km, though they were not formally checked till the six-monthly COF.

The coroner's decision said it was clear the trailer units had not been maintained in a "fit and proper condition" and prudence would have dictated the truck not be driven till it had been inspected and repaired.

Mr Waimotu told the inquest the brake pedal had felt "like a sponge".

NZTA national manager commercial operators road and rail John Doesburg said the agency identified problems with Mr Weber's fleet in 2006. Though it wrote to him about the concerns, nothing more was done before the fatal crash. It was the vehicle owner's responsibility to ensure vehicles met safe standards at all times.

After Mrs FitzGeorge's death, new initiatives were being implemented to improve safety and crack down on non-compliant operators. These included rating operators according to roadside inspections, COF results and prosecution histories, plus better enforcement of three-month COF requirements when needed.

"Then we need to look at whether we prosecute or whether we need to revoke their licence as we did with Wayne Weber."

Mr Weber said he paid half Mrs FitzGeorge's funeral costs and the matter was now over.

"I've got no tolerance at all for Land Transport. The guy who audited the trucks was an idiot."

Asked about the faulty brakes, Mr Weber said: "I hadn't even seen the truck for a month so how was I supposed to know?"

"I'VE NEVER BEEN THE SAME"

Richard Waimotu still wakes up with cold sweats, remembering the day his 40-tonne truck careered out of control and crushed an oncoming car. "Driving is not the problem, sleeping is the worst. I wake up and it's like the accident's just happened. I've never been the same."

The experienced truck driver was descending Rimutaka Hill Road on January 21, 2007 – carrying soap powder to Auckland – when his brakes failed on a sharp left-hand bend just before Featherston.

Waikanae mother Laurel Anne FitzGeorge, 64, was coming the other way after picking up a friend from Masterton. She was crushed to death and her passenger badly hurt.

Crash experts say Mr Waimotu had several warnings about the faulty brakes and his truck was poorly maintained. But the 50-year-old from Wainuiomata – whose seven-year-old grandson was beside him in the cab – denies any red flag.

"Up the Rimutakas, there was no problem. I was good as gold till I got through to the thirty-fiver. Then it just took off like it was in neutral. It sort of just ran away. If I could have done something brother, I would have ... It just went over like a bag of potatoes."

Acquitted of dangerous driving causing death, Mr Waimotu has not apologised to his Ms FitzGeorge's relatives, though he would like to. "I actually wanted to see him [Ms FitzGeorge's son, Brodie], but my lawyer told me to stay away. I'd like to see him. I still hurt."

KINGS OF THE ROAD

Heavy vehicles, which include trucks and buses, were involved in 5228 fatal and injury-causing road crashes in the last five years.

Of those crashes, 4880 resulted in injury. Heavy vehicles were at fault in 2570 cases.

In that time, 348 crashes involving heavy vehicles resulted in death. Heavy vehicles were at fault in 109 cases.

Source: New Zealand Transport Agency

- © Fairfax NZ News