Commercial Truck Safety Regulations

Year
2005
Number
B78
Sponsor(s)
Delta

WHEREAS the volume of truck traffic continues to grow in British Columbia; AND WHEREAS truck and commercial vehicle accidents continue to compromise safety on our roads and highways: THEREFORE BE IT RESOLVED that the Union of BC Municipalities request that the Province: i adopt a standard curriculum that will become mandatory for commercial vehicle driver licence training in BC; ii introduce a graduated licensing system for commercial vehicle driver licensing; iii develop a commercial driver sanction program that authorizes Police Officers to require that a commercial driver be retested; iv enact regulations that hold the carrier responsible for unserviceable brakes on commercial trucks and trailers; and v amend the Motor Vehicle Act Regulations to include commercial vehicle lane designation signing, such that any uncertainty relative to enforcement is clarified; AND BE IT FURTHER RESOLVED that the Union of BC Municipalities request that Transport Canada and the Province enact regulations that would require container shippers to certify container contents, loading and weight when a cargo is over a specific threshold of weight for federally and provincially regulated loading sites.

Provincial Response

Ministry of Transportation ICBC is constantly exploring options in an attempt to reduce commercial vehicle crash rates and improve road safety for all British Columbia road users. This includes modifications to its testing processes as well as enhancements to commercial licensing to ensure that responsible drivers are driving commercial vehicles. ICBC does not currently require mandatory commercial vehicle driver training for commercial licence applicants, however, many drivers learn to drive heavy commercial vehicles through driving schools or through programs developed by their employer. The national Canadian Council of Motor Transport Administrators CCMTA has studied and discussed commercial graduated driver licensing since the mid 90s. A comprehensive 1999 study found that graduated commercial licensing was not cost-effective, presented a barrier to hiring drivers in an already undersubscribed profession, and presented no appreciable safety benefit. After carefully studying the report, the CCMTA accepted the findings and decided not to pursue a national commercial graduated license system. As commercial drivers work across provincial boundaries and a local graduated licensing system would present barriers to the movement of goods through the province, ICBC and government will continue to work with CCMTA on any future direction. A police officer who is concerned about a drivers knowledge, ability or fitness to drive a vehicle may make a report to the Office of the Superintendent of Motor Vehicles OSMV. This process is an option available to a police officer irrespective of the drivers class of licence. The Superintendent of Motor Vehicles may require any person who holds a drivers licence to submit to a test conducted by the Insurance Corporation of British Columbia, or to be otherwise examined to ensure that they meet the fitness requirements for a particular class of licence. Each year, OSMV receives numerous unsolicited reports about drivers from police officers, medical professionals, family members and other individuals. We are currently enhancing OSMVs ability to respond to such reports from commercial transport inspectors. The OSMV considers these reports, in light of a drivers record and any reports previously received by OSMV, to determine the need for intervention. This determination may involve requiring that a driver submit to a road test re-examination to maintain his or her current class of licence. In British Columbia, truck safety is monitored through the National Safety Code NSC safety rating system. All motor carriers are required to have a safety fitness certificate to conduct business and each carriers safety record, based on areas such as vehicle maintenance including brakes, driver performance and accident record, is publicly available. When a safety rating indicates poor performance, the Commercial Vehicle Safety and Enforcement Branch will take action against the unsafe carrier. Enforcement actions range from a warning, to a recommendation to federal authorities to cancel the carriers NSC certification. Without an NSC certificate, the company would be unable to operate. The Province is in favour of effective enforcement of commercial vehicle lanes in select narrower roadways to increase safety. Ministry of Transportation staff are working to amend the Motor Vehicle Act regulations. Container movement is a world-wide business. Problems relating to documentation and cargo weight are common in all jurisdictions in North America. Any effective policies intended to improve safety or reduce container weight must be addressed at the national and international level. The Ministry will work with the other provinces and the federal government to seek a unified resolution to the container problems. Although some jurisdictions have implemented shipper liability legislation, the legislation has not led to successful enforcement action because the burden of proving that the shipper knowingly violated the requirements is onerous or even impossible. Further complicating this, many shippers are based outside of British Columbia. The Ministry will continue to monitor shipper liability initiatives and explore solutions which could be applied in British Columbia.

Convention Decision
Endorsed