Wheel separations: Is it always the driver’s fault?
Should drivers be charged in the event of a wheel separation incident? I’ve never felt it was appropriate to automatically charge the driver, but in Ontario, a wheel separation charge is considered an “absolute liability offense.”
In other words, there’s no defense. If you’re driving a truck that loses a wheel, or a pair of them, you’re guilty. Period.
My local paper, the St. Catharines Standard, ran a story a few days ago about a driver charged following a wheel separation incident on the Queen Elizabeth Way, near Hamilton, Ont. Luckily, no one was hurt in this incident, nor was there any property damage.
According to the report, the driver was charged with wheel separation and failing to accurately complete a daily inspection report. The truck was also put out of service.
We don’t know if the driver actually did a thorough vehicle inspection, or if he would have even seen anything suspicious if he had. Would he have noticed that the wheels were in danger of parting company with the trailer?
Not always obvious
Funny thing about inspecting wheels for potential separation: even if the nuts are barely tightened down, there’s no way a driver can tell visually, or even by trying to turn them by hand. With just a few foot-pounds of torque behind them, they would still be far too tight to turn by hand.
Short of taking a torque wrench to every nut on every wheel during the pre-trip, there’s no way a driver can be certain how tight the nuts are — unless they are visibly already loose.
In this case, charging the driver probably ended the police investigation. They had their culprit with the smoking gun still in his hand. But as you can see from the photo above, this wheel-end was very recently serviced.
The photo, supplied to the newspaper by the Ontario Provincial Police, clearly shows a nearly new brake lining on axle spindle. It’s not even burnished yet. I’d be shocked to learn that set of brakes had more than a few hundred kilometers on it. That wheel-end had been very recently serviced.
Risks increase after service events
In research I’ve done over the years for various wheel separation stories I’ve written, I’ve learned a thing or two about these incidents. This observation is particularly relevant: Statistics gathered during investigations by Ontario’s Ministry of Transportation’s Carrier Safety Branch, between 2000 and 2003 revealed that in 66 out of 80 reported incidents (83%), wheel separations due to fastener failure occurred shortly after a wheel had been reinstalled following brake work — in less than 500 km (300 miles) in at least two documented occasions.
Of course, to change brake linings, you must take the wheels off. And then you have to put them back on again. Ontario has regulations for wheel installers that include proper procedures to follow when installing wheels. Also, wheel technicians are required to be certified following a training period. So presumably, if the installer had taken the training and was certified, he or she would know what they are doing.
Again, going back to previous research, every stud visible in the photo is sheered off at the point where the first thread begins on the stud. This is the result of high bending stress and stress concentration at the thread root resulting from loss of clamp load. That’s most likely caused by under-torquing the fastener during installation.
Right. Under-torquing of the wheel fasteners. As I said earlier, there’s no way a driver would know if the fasteners were torqued to the recommended 450-500 lb.-ft. of torque. That’s the tightening force required to produce the clamp load necessary to hold the wheels securely in place.
Further investigation needed
By charging the driver, the police appear to have done only half their job. It would be easy enough to determine who installed those wheels following the brake work. That individual should have to account for the job they did installing the wheels that later came off the truck on the QEW.
To be fair, the police may have done that. The newspaper report is silent on that matter. Nor did it mention whether the carrier was charged as well.
This ridiculous absolute liability offense for a wheel separation came about as a knee-jerk reaction to a series of wheel separations incidents in 1995 and 1996 resulting in several fatalities.
Then-transport minister, Al Palladini, introduced the absolute liability offence for wheel separations — along with the wheel installer certification program — in 1997. There were more than 200 reported wheel separation events that year in Ontario alone.
Do tire shops and repair shops that do wheel-end work, like brakes, pay any attention to the wheel installer certification requirements? I’d guess reputable shops still do. Maybe others, too. It’s hard to be certain.
But my question really goes back to 1997 and the government’s response to the problem. By virtue of the National Safety Code Standard 13, Trip Inspections, drivers are required to inspect their trucks and report any major or minor defects. Discovery of a defect after the driver has “conducted” an inspection implies the driver wasn’t very thorough or perhaps didn’t do any inspection at all. In either case, NSC 13 leaves the driver open to prosecution.
Only so much a driver can do
In the case of wheel separation, the fines range from $2,000 to $50,000. But as noted earlier, it’s practically impossible for a driver to determine if the fasteners are tight and properly torqued. There are obvious tell-tale signs of loose fasteners if you know what to look for. But unless the fasteners are already half spun off the stud, you’d never know.
So, is it appropriate for drivers to backstop improperly trained (or maybe lazy) technicians? Should drivers be held accountable for the quality of someone else’s work — or disregard for the rules?
In cases where the driver clearly overlooks obvious defects, then yes. The driver can be culpable. But in a case like this, where the fasteners may have “looked” tight upon a visible inspection, I don’t think it’s right that he be held accountable for what happened. There’s only so much a driver can do with this type of inspection.
I’d really like to hear from someone who can explain how drivers are supposed to be able to tell if the wheel fasteners are tight. I chuckle every time I see a photo of a gloved hand checking wheel fasteners for tightness. Any takers?
Have your say
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Jim,
I am a resident of Alberta and have lost wheels off of trailers twice in the last few years. I was fortunate in both instances that there were no injuries or property damage. In both instances, my hubs looked identical to the one shown in the picture in your article. Another carrier on the route that I was on at that time also experienced the same issue and he was also fortunate that there no injuries or property damage.
As a professional driver, we have a long list of responsibilities and requirements that are mandated at the start of every trip. I cannot see how a driver can be responsible for what in my mind is metal fatigue and therefore an issue that is far beyond his or her control. The question then becomes, in my opinion, where did that metal come from and what quality checks were done to ensure that it would meet the tolerances that are required.
I absolutely agree with you. I spent 46 years on the highway, all with the same company. As part of our pre-trip inspections, the company required us to check every lug nut using a tire wrench and a 2-foot steel bar. There is no way that a driver can determine if the wheel has been torque to the 450-500 lb/foot torque using that short bar. You need a proper torque wrench to do that. At best, a driver will be able to determine if any of the lugs are not tight enough, and good luck with that. There is no way that you can apply that kind of torque with a 2 foot bar. So even an under torqued wheel may seem ok using that method. Our policy was that if even only 1 lug was found to be under torqued, the driver was required to go to the shop and get a complete retorque on that wheel. There has to be better investigation in all wheel lost incidents. It is not always the driver’s fault.
An other policy that we had was that whenever a wheel was removed for whatever reason, the shop was required to hang a warning card on the glad hand advising the driver that a wheel will require a re-torque within the next 200 KM. The driver was required to either make sure the wheel was re-torque within that range or report to dispatch or shop that the wheel was not retorque if the trip was under the 200 km. The company would re-imburse the cost of getting the wheels retourque at tire shops down the road.
Jim you are correct you can look at 100 rims and if you don’t see any damage or rust around the nuts & cant turn the nuts how are you suppose to know there is a problem The nuts would be all most off before you could turn them by hand And most drivers would not be certified to tighten them anyway even if they had the equipment to do so That is the repair shops responsibility to torque the wheel nuts & tag the trailer or truck that another retorque is required with in 100 miles Also all these trucks that are running the big black wind deflectors on the rims you cant even see those wheel nuts So how can you do a proper pre trip if you cant see the wheel nuts ??? Wow talk about safety But I guess its just easier for the Dot to fine the driver then to check the maintenance on the equipment prior to the incident Back when I drove we had to change your own tire when you had a flat or blowing tire on the side of the road its wasn’t rocket since to change it We never had cell phones to call for help you did what you had to do to get you moving again Most of todays driver that get out of these so called driving schools I wouldn’t even let them touch a tool they have a hard enough time to keep the wiper fluid bottle full
It’s ironic that when the transport minister anounced this proposal, the first wheel-off happened the same day to a ministery dump truck up north, if I recall. Unless a driver carries a torque whench during his/her inspection you can not make sure the lugnuts are as tight as they are ment to be. What happens when the bearing nut backs off because the tech forgets to reinstall the locking ring after he does a bearing replacement. Is the driver able to see thst during an inspection?
There is a whole range of wheel security products ranging from basic indicators to devices which lock adjacent nuts together and give the driver or operator a signal as to whether a wheel is liable to separation. Checking these prior to a journey will avoid most wheel loss incidents.
However, it is possible that detachment can occur even if the wheels were secure when the journey started. An example would be a sudden change of temperature affecting compnents made of different metals. It only takes a momentary loss of clamping force for a nut to begin to move.
Checking for proper torque is impossible without a certificate torque wrench. These wrenchs can cost as much $1000.00 . In my opinion the wheel nuts must always be adorned with flags indicating any movement. These flags should be checked within 80 km of picking up a different unit . If any kind of work is done a tag hung on the power unit door handle or the trailer glad hand to alert the driver to get a retorque from a certified technician within the instructions on the tag. These flags, if missing, in my opinion, should part of a DOT violation. A good technician will not install the flags all the way indicating a retorque is required. All this is good unless there’s a disgruntled employee in the mix. Always carry extra flags.
I agree 100% “it’s practically impossible for a driver to determine if the fasteners are tight and properly torqued” Checking the nuts by hand is pointless, there will be visible shiny wear or dusty rust streaks long before the nut can be turned by hand. The opposite is also true. The studs could be stretched from overtightening and even with a torque wrench you have no way of knowing that.
The driver automatically gets blamed for everything. We’re an easy target. There likely won’t be a court challenge and certainly not with the law we have now. I know how to use a torque wrench. I own two of them for my personal vehicles. It seems impractical though to carry and use the large and expensive wrench needed for trucks on every trailer I pick up. And can we trust every driver to use one properly? It could make things worse. The government assigned blame without solving the problem. All they care about is fine revenue. Al Palladini is no pal of mine.
I agree that in this case that the wheel was improperly installed. Was the wheel re-torqued at 150 km’s? I would say NO. If it was retorqued, it would not have loosened. Did it fail before 150 km’s? If so, still not on the driver. That would put all the blame on the installer. Does every truck have a torque wrench in the cab and are all drivers trained to PROPERLY check wheel torque? No. The simple answer is to install indicaters on the wheel nuts. As nuts loosen they would visually indicate nuts loosening. Now it can be on the driver. By the way, fines $2,000 – $50,000. Indicaters -$10 per wheel.
You are 100% right Jim. It is absolutely laziness on the part of MTO to just assume it is the driver’s fault every time.
Great article Mr. Park once again. It is very much a focus for me on the wheel retorquing and the importance of it. I may over-emphasize the importance, but it is one of the easiest things to do. One challenge however is the availability of a tech to do retorques at the time of need. Weekends, good luck, overnight, good luck. Sometimes you have to bite the bullet and pay for that service call for a simple retorque, but as you mentioned, the cost of not could be so varying and catastrophic. Overtorquing is also possible, you would hope some shops aren’t going full on with the air hammers, but you don’t know.
Definitely not a one size fits all for everyone. You seem to find it more on the driveway tire changers at seasonal change times.
Extremely well written Jim!
Holding drivers responsible for someone else’s mistakes is not fair or reasonable.
I would like to know if any such cases have been to court.
I would think any good defence lawyer could use your information to dismiss any such charges to the driver.
Thank you for your efforts in bringing this issue forward.☃️
The driver should not always be responsible for a wheeloff.
I picked up a trailer one time in the dark. With my flashlight during my cycle check I did visual of the nuts and oil in the hub, also tapped the nuts with my hammer. All appeared good.
Going across the 401 another truck told me the back right wheel appeared to be wobbling somewhat. I stopped and checked. The trailer had been recently had new brakes installed and the mechanic had missed securing the axle nut lock. The outer nut and lock was off in the hub and the inner nut was a few threads from coming off. If not for the other trucker telling me on th CB I could easily have been a wheel off statistic.
Looking at the photo, I’d say there were a lot of cracks that were obvious. A closer inspection might reveal those cracks are longer than what we see. Do wheel installers inspect for cracks (using penetrating dyes, developers, etc) on vehicles that are beyond a certain age or a certain mileage?
Our tort system lays full responsibility on the person driving the vehicle. That’s true of any type of vehicle accident. Runaway wheels are no different. The question (and your report) should be … what did the carrier do after this accient? What did MTO do after this accident? Did the carrier and MTO change their inspection system to determine if there were cracks in the wheel/hubs?
Or did both the carrier and the MTO do nothing? My guess is nothing was done.
Oh boy Mr. Park, you’ve opened up quite a can of worms here. It possibly opens up a whole discussion on the issue of liability for defects on pre-trip inspections. This starts with the MTO right down the chain to the driver. As you stated even the repair techs should be looked at here. As someone that started in the industry in 1979 and has put in 45 years as both a driver and owner operator of a small operation l can honestly say that unless l’m carrying a torque wrench in my back pocket & a 25 ton jack being able to determine that there is a loose wheel nut is very hard, unless there is a visual gap between the bottom of the lug nut & the rim, so basically the driver is ‘screwed’. The best you can do is visually inspect the inside of the wheel for wheel Bering grease, indicating a possible wheel bering failure.
Hi Jim! I retired after 50 years in the truck business both repairing and 4.5 million miles of otr and tanker driving. During this time as a driver I faithfully hit every wheel nut with a steel hammer. By the sound you can tell if a wheel nut was not tight or was tight. A thud sound meant loose and a ping sound meant tight enough. Now that only accounts for wheel nuts not bearing failures. I came across a wheel separation back in the 70s where a set of duals came of a trailer as it exited a rest area. This trailer had just had a set of brakes replaced and after just 200 miles the failure occurred. Upon further inspection at the shop it was discovered that the bearing lock ring was not installed properly and it was just a matter of time before wheel separation was inevitable on all four sets of duals. In this case how could the driver be held accountable! This is just one case of wheel separation there are many others. I do agree that the driver should be responsible for loose wheel nuts as that is his responsibility to check and make sure they are tight, also removing the plastic or metal cosmetic covers should be mandatory as they serve no purpose other than looking nice. Thanks Jim for this opportunity to put my 2c worth on this topic!
Good Afternoon:
I just have a simple question that is more of a curiosity point.
Did the trailer that had the brake work completed on it return for the mandated re torque?
This would have answered if the wheel nuts had been properly torqued in the first place. Now there are underlying facts that relate to this but they have nothing to do with the driver/operator ( see below). This issue of wheel end separation can also pertain to overall maintenance schedule of the trailer. But NOT in this case tho. And it may be stated that if a wheel is coming loose it “should” be felt by the driver in the way the unit is handling. But this is more speculation.
Bottom line on this incident…
Driver is charged by OPP/MTO due to convenience – The driver and the unit ( minus the wheel) are right there.
Next step would be the owner of the trailer ( Fleet or driver if O/O) has to defend the driver.
Now, in this case, since the brakes were recently re lined/replaced the repair facility/Technician would need to step up and defend themself ( themselves) that they properly performed the repair and the driver DID NOT return for the re torque. The facility/Technician would then need to show proof of calibration of their torque wrench and that it has been maintained properly.
Then if the facility/Technician has proven the above and if it is deamed necessary the torque wrench used needs to be taken and checked for accuracy.
There are alot of “behind the scenes” data that relates to this incident that is not common knowledge but pertain to this highly. I am sure that if the guidelines are read then they may enlighten common knowledge. Some of which are termed S.O.P./Best Practices but not neccesarily mandated in law.
Note to Mr. Park/Truck News: If you want to contact me I will be more than happy to give my insight on this matter.
every wheel off service should be accompanied with a mandatory retorque after a period of travel. getting that retorqued performed is the drivers responsibility. I would be interested if the driver had that done. As for the failure, that looks more like the result of over torquing the nuts to me. many shops run the nuts in with a 1″ impact gun and “confirms” torque with a wrench, the problem is all they are confirming is that the nuts are at least 500 ft lbs, they cant measure ho much over they are, combine that with a severe temperature swing and it will pop those studs right off. in that case its clearly not the drivers fault. Based on the picture, i see no signs of the rim moving on the hub as you would expect with loose fasteners so i would lean towards over tightened fasteners.
I have to make another comment. In my opinion, this wheel was improperly installed. The improper installation is on the installer. Was it tagged for recheck? Even if it was, that may not have saved this wheel from coming off if it was severley over torqued. (Still on the installer). The rim would tell the rest of the story. If the holes were worn and slotted it was not tightened to specifications and not rechecked. If the holes are not worn, it was severley over torqued. A good impact can easily tighten past the limits of the wheel studs. In my experience (46 years) if a wheel is PROPERLY installed it does not loosen. I am talking about disc wheels with the single nut. If the studs and nuts are clean and in good condition, the wheels and mounting surfaces are cleaned, and a torque wrench is used to finish tightening to spec (to not over tighten), that wheel is not going to ‘loosen’. Now put indicaters on so the driver can visually see that the nuts are not coming loose.
Years ago we had a complete axle and wheel assembly come off a truck and bounce over the hood of an oncoming vehicle, just barely scratching the hood. The assemble kept bouncing and landed in a tow truck yard. No injuries luckily. The o.p.p. called in their truck inspector and the truck was gone over. Our driver was not charged because the inspector said “technically it wasn’t a wheel separation”. Point being that if you get an o.p.p that knows his/her stuff the driver wouldn’t be charged because the driver couldn’t identify the defect.
Question. What if a “cage” was around each set of non steering wheels? I realize it couldn’t stick out farther than the width of the truck or trailer.
It was an easy way out in 1997 made the transport minister look like the problem was solved, and public re assured. done job.
Jim you have opened up a Hornet’s Nest here but I have been a Driver for many years and an Owner/Operator, moved into the Safety for a Major Trucking Company which had there share of issues too on this Subject,if we are talking about the problem in the picture I would say there was a few lugs loose which started the problem, I have always checked them with a Hammer Just to see or hear any noise difference in sound to along with checking the Hub for heat . The driver side of me has always had me checking my mirrors to see if there is a Problem,things do happen as you know I guess I have been lucky as I have had no problems with Wheels Separating from the unit and feel that the driver should not be charged all the time for this until the investigation is completed and if it is proven that they did not they will have to sure prove it
Should be in maintenance report if the wheels were touched or retorque but judging from picture looks like he hit curb not recognized the damage
Hi Jim,
First, I’m a forensic investigator among others in vehicle fires and other special cases, I’m based in Montreal. Brad Carby’s remark is good, this should be a requirement by code, even if its not 100% accurate, these Zafety indicators should be an good “have to check” device.
Also, I think you miss an important element here, the 500 kms (or 300 kms) wheel “re-torquing” after wheel maintence. In Quebec I very often saw on truck maintenance invoices that I had to look over ” DRIVER MUST RETORQUE MAINTENANCED WHEEL AFTER 500 KMS” of course with a disclaimer from the maintenance shop. I think this is where lies the idea of the Ontario law, the driver is held accountable for any nuts that may come loose after a wheel removal-reinstallation” Frankly I have to agree with it as long as the shop torqued adequately the wheel, documented on a repair sheet (or whatever other document), that could be even signed by the driver before he leaves the shop with the truck.
The repair shops should maybe be more proactive and customer oriented on that matter, by clearly informing the driver of the potential danger of not doing so! + a clear notice on the every invoice.
Hope it helps,
Martin
Just to mention in addition to my previous comment, in the case presented, obviously, a thorough inspection of the wheel components must be conducted before making any conclusions. Regards
When looking at wheels it is not always obvious that nuts are loose. From my experience as a truck driver (since 1979) and trucking company owner (for over 25 years) improper wheel installation is the root cause of loose wheels and broken studs. Wheels studs and drums must have all corrosion removed before installation. I know people are supposed to be trained to install wheels, but most don’t do it correctly. When was the last time you saw someone clean a wheel (alluminum or steel) whith a wire wheel, then put anti seize on the studs and 1 drop of oil on the nut washer? It doesn’t happen. How can you properly torque a nut on a rusted stud? How many installers use an impact before using a torque wrench only to find some nuts are properly torqued ? (chances are they are over torqued) i have seen broken studs because they were once (or more) over torqued and the corrosion between rims caused them to break because the duallys were always taken off the truck with the hub attached during inspection at least five years in a row (mostly off hiway – oilfield, tires still had passable tread and breaks were good). I put about 90% blame on the installer and 10% blame on the driver. Most people don’t know how to spot a loose wheel until it has happened to them at least once. I had once asked an installer and manager of a tire shop (who also owned gravel trucks) to please clean wheels properly and that I would pay extra (to stop loose wheels). They said they knew how to install wheels! I never bought another tire from them again and I have seen loose wheels on their trucks and even picked up lug nuts that fell off their truck on location and handed them to the driver.
I have never thought right from the start of circle checks that it should be the drivers responsibly yo make sure his truck is safe to be on the road every day unless he also owns it . A truck driver is not a certified mechanic and that is the only person who should work on a truck and if not the driver should not be responsible because of that . I find it hard to believe that a driver of a highway tour bus driver lays under his bus to see if the brakes are looking good or checks to see if the end nut holding the wheel and drum assembly is torqued down properly . If you own one car or three cars it’s the owners responsibly that the car is roadworthy not the driver . What’s the difference ? It’s no wonder it’s hard to get new drivers these days . That and a bunch of other reasons .
I inspected my trailer and all the wheel nuts were tight and accounted for and I began my run home. Someone else was taking it onto the final destination so I dropped it for him where he could pick it up. You can imagine my surprise when later on I received a picture a of a rim with 2 studs sheared off from my safety manager asking me how I could miss that! They were there when I started. The other driver caught it on his pre-trip.
I don’t know where or how they sheared off but I could have been in a lot of trouble if caught when they were there when I inspected that trailer. I would not have rolled that trailer like that but that I’m certain would have fallen on deaf ears I’m sure.
Well firstly Jim I have to say we are hard pressed to find a good tec to fix things properly, but most drivers are not mechanical smart. Second how long would a driver have to take to do the full proper inspection not getting paid for, as you can not do one as they want done in 20 minutes. Third that picture shows to me that it was not a lose wheel as per propee torque, bit I see stretched studs been over tighten, looks as there may have been a bad seal looks damp under brakes, also if it is a grease pack as a driver no way to tell if there is enough grease in there.
I find it interesting that wheel separation typically gets blamed on under torque of the lug nuts. I’ve watched Tire shops install wheels using their one-inch impact and in most cases when they put the torque wrench on to check the torque, the wrench clicks without ever moving the nut. If the nut doesn’t move, all that tells you is the torque is greater than whatever the wrench is set to measure. It could be at 450lbft or it could be at the max the impact is capable of putting out, possibly double the required torque setting. It seems very possible the studs break due to over stressing as much as being under torqued. Also, is anyone monitoring how often the wheels are changed before the studs are replaced? I’m just saying there’s a lot more to losing a wheel than loose lug nuts.
Hello Jim, you were probably waiting for me to chime in.
I posted a video a while back using a hammer to tap the wheel nuts for tightness.
There were 5 tight and 5 loose wheel nuts.
None of the nuts would turn by hand and they were seized to the studs but the washers behind could all be spun by hand.
It is very effective for finding loose nuts or broken studs but in this case, those studs snapped from stress, being over tightened.
There is no way for a driver to detect over-torqued wheel nuts as we are not allowed to use a torque wrench as per the laws previously set out.
Hi Jim, I’ve been reading your articles for years and respect your knowledge and experience, kudos to you sir. In my experience over the past 40 plus years in the industry I’ve only witnessed a hand full of “wheel offs” or wheel end failures, so, an expert I am not. I will say that every failure I have seen was due to human error by the installer and all were within a day or two of being worked on. I have heard of instances, and can count on one hand, where the driver ran the trailer wheels into a stump or rock which caused sufficient damage that later resulted in a “wheel off”. Human error seems inevitable or it would quit happening. I could go on about the many possible errors that can be made but that is not the question at hand. I grew up in the logging industry with Dayton wheel all around, so as common practice, most drivers carried a wheel wrench and checked them for tightness a few times soon after an install. Its not the same with buds. The automatic “charge the driver” solution is ridiculous to say the least, although he or she may share some of the blame in certain instances for example cracks in steel wheels that brake and blow apart. At any rate, taking the easy way out and charging the driver up front without a proper investigation into the cause of the incident is a cop-out to say the least, and if regulators feel the need to get a pound of flesh from someone, charge the repair shop or truck owner up front, I’ll bet a weeks wages that the instances of wheel offs would decrease in a hurry … just saying.
Hey Jim,
What is your thoughts on wheel nut indicators like Zafety Lug Lock or Wheel Check?
We use Zafety Lug Lock on all our trailers.