An Auckland company running faulty school buses and deemed a "significant safety risk", has escaped penalty.
Photo: 123rf.com
Kiwi Coaches, which also runs charter buses and tour coaches, has been on the Transport Agency's radar since 2013 when it was flagged as a high-risk operator.
Twelve of the company's 35 vehicles, 11 of which were school buses, were audited in April 2019. Of those, nine had serious defects, and two had minor defects.
Across just five of the vehicles, 68 faults were identified.
"The brakes may not apply evenly in the event of a stop, creating the risk of a crash," the audit noted, alongside other issues including oil and transmission fluid leaks.
In the notes for the April visit NZTA also expressed concern that Kiwi Coaches' operator Calvin West appeared to be trying to avoid its investigation.
He had been served with a request for documents earlier in the year, which had not been sent.
"Further requests have been met with no reply. I believe this is indicative of our assessment that [the owner] is unlikely to be truthful in his want to work with the agency.
"I consider that the very high failure rate due to the poor condition of the vehicles inspected indicates a high risk to public safety by vehicles owned and operated by Kiwi Coaches."
In May, NZTA ordered the company move to three-monthly Certificate of Fitness (COF) inspections and in July it told West it intended to revoke his transport service license (TSL).
"You have demonstrated a serious failure to meet vehicle safety standards... the Agency is satisfied that your ongoing business operations are a significant safety risk," the letter read.
"Because I am satisfied that you are not a fit and proper person to hold a transport service license, I have not included any steps I require to be undertaken in order for the licence not to be revoked."
However, four months later the threat was withdrawn, after NZTA noted a "willingness to engage".
A subsequent audit last year found operations were vastly improved, with the report noting "no issues with overall performance".
'A witch hunt'
West said the whole ordeal was baseless and a "witch hunt" which began after he started operating services in Wellington for a company which had recently had its TSL revoked.
He said NZTA "were not an honest team" and "twisted anything to suit themselves".
He denied running an unsafe fleet at any time, saying the April 2019 audit was a farce.
"They [NZTA] asked for my oldest buses... they had a little patch of dust, oil dust, that we missed with a water blaster which they called a fire hazard... If you consider a dust thing then everybody's going to have a problem."
"Two of the buses failed a brake balance which is where if you put a foot on the brakes one will be stronger than other... that's not dangerous."
He said all had a current COF and most were back on the road within a few days.
He said he did not tell the schools he was undergoing an audit because there was no need to.
West said he never evaded NZTA, but did request some paperwork be rectified before continuing with the process.
"I went back and said NZTA's paperwork was incorrect and wouldn't send any more until it was correct. Once it was put together correctly I presented the documents.
"I never avoided them, I told them they were a pack of so and sos and they don't like somebody who stands up to them."
NZTA response
Commercial Transport senior manager Brett Aldridge said the 2019 audit showed compliance shortcomings, but improvement by the company resulted in the agency withdrawing the notice to revoke its transport licence.
He said the most recent audit showed robust systems were now in place.
"Record keeping was clear and very well organised, as was the workshop. The vehicles in the yard and workshop were also in excellent condition... The company has also taken considerable steps to improve its record-keeping and had generally worked to understand our concerns in order to mitigate them and continue operating.
"Where we find safety deficiencies in the way a Transport Service Licence (TSL) holder operates, Waka Kotahi will work with the operator until those deficiencies are rectified. Ideally, the operators are willing to be guided and educated towards compliance but, as the land transport regulator, we will take enforcement action where necessary and will not hesitate to remove licences from operators who do not take the action required to comply and ensure safety for both their drivers and for other road users."
Aldridge noted since June 2020 the company had passed 45 COF inspections and failed four.
"This is a 92 percent COF pass rate compared to the national average of 81.7 percent."
"We are comfortable with the firm and fair regulatory approach we took during the audit and overall investigation for Kiwi Coaches and happy with the outcome which resulted in good safety outcomes for the company, its employees, passengers and other road users."
With regard to the April 2019 audit Aldridge said the vehicles were chosen at random.