Both driver, owner liable if vehicle loses wheel

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It takes work, but the Stanley FuBar rescue tool can open crushed doors or bend car window frames. It also makes a fine crowbar for regular jobs, says Eric Lai.

Eric Lai

SPECIAL TO THE STAR

Q: If a wheel comes off when driving, is it the driver or the owner who gets charged?

A: Ontario transportation ministry spokesperson Bob Nichols replies:

The driver could be charged with the general offence of operating an unsafe vehicle under Section 84 of the Highway Traffic Act.

For a commercial vehicle, Section 84.1 of the act states that both the operator of the commercial motor vehicle and the owner of the vehicle from which the wheel became detached commit an offence. For example, if a big rig loses a wheel from the trailer portion, both the trucking company and the trailer owner are liable.

A major wheel component, such as a rim or wheel assembly part, must detach for charges under Section 84.1. Loss of the tire alone in a blowout, for example, does not qualify – but may result in a charge under Section 70(3)(a) of the HTA for using a tire that does not conform with regulations, or Section 84.2(1), which speaks to anything becoming detached from a vehicle on the highway.

Eric Lai adds:

The legislation stipulates that wheel loss is an absolute liability offence, meaning due diligence is not a valid excuse when a commercial vehicle is involved. But if a wheel comes off right after a garage rotates your passenger car's tires, for example, you're likely off the hook.

Where applicable, the mechanic and the repair shop directly responsible for a "flying tire" incident may be charged under Section 84.3(1,2) of the HTA. Technically, the driver may also be charged, but this is unlikely if the service provider is clearly to blame.

If instead you'd just installed your own spare tire at roadside, which later flew off, you could face multiple charges as both the driver involved and as the person who performed the improper repair.

Q: What's the difference between an impact wrench and a hammer drill?

A: Harold Simpson, product specialist at DeWalt Tools (dewalt.com), replies:

The impact wrench is the workhorse of most auto garages. This tool provides repeated rotational impacts to loosen or tighten bolts with less likelihood of damaging or breaking the fastener than constant sheer force.

A hammer drill provides repeated forward impacts along the shaft of the bit when drilling. This greatly speeds progress in concrete or masonry. The hammer feature can also be turned off for drilling other materials.

Q: Will the new cellphone/electronic devices ban for drivers also affect CB radios?

A: Ontario transportation ministry spokesperson Bob Nichols replies:

Citizens' band (CB) radios are hard-wired into the vehicle and thus fall outside the intended scope of the new legislation that bans wireless, hand-held electronic devices.

That said, drivers can still be charged with careless driving if they aren't paying attention behind the wheel and place other road users at risk as a result of using a CB radio or engaging in any other behaviour that distracts them from the driving task.

Eric Lai adds:

Remember that emergency 911 calls by motorists aren't prohibited under the cellphone ban.

Claws of life

One of the perks of this job is playing with, er, trying out tools most motorheads only dream of, such as Stanley's FuBar fire/rescue bar (stanleyworks.com).

There are several models and sizes of this high-tech prybar/claw, for use by professionals such as firemen, as well as construction workers and home handymen.

In experienced hands, the pro model FuBar can rapidly pop open crushed doors, bend car window frames, open fire hydrants or smash, chip and pry, as necessary. In amateur hands like mine, it takes a while to accomplish similar tasks – until the learning curve kicks in.

Now, don't get me wrong. It is work and it's not exactly easy to bend and pry metal using muscle power and leverage alone, but most reasonable tasks are doable.

Civilian versions of the FuBar (that's "functional utility bar" rather than a certain military acronym) are intended for construction/demolition, but they also do well removing crash-damaged vehicle parts for repair or replacement.

All units incorporate a sledge-hammer, pry bar, nail-puller and a two-tiered board-bender, with adjustable claws for common plank thicknesses. In other words, it's a great crowbar even for regular jobs.

The 75 cm FuBar is actually quite similar to the fire/rescue version, but not as slim and has no fireproof handles. It weighs about 4 kg and is $99 at major hardware retailers. Smaller models are also available.

Testing was done under supervision and, of course, real rescue work should be left to the professionals.

Email your non-mechanical questions

to Eric Lai at wheels@thestar.ca.

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