Penalties for overpass hits to rise
Striking B.C. infrastructure could result in $100,000 fine, jail time
The B.C. government is introducing stiff new measures to penalize commercial truck drivers who hit public infrastructure such as overpasses and bridges.
Changes to laws introduced Tuesday would allow the courts to impose fines of up to $100,000 and jail time of up to 18 months.
Commercial trucks have hit 35 overpasses and bridges since the end of 2021, according to a list compiled by the B.C. Ministry of Transportation.
In announcing the tougher penalties, the province says “infrastructure” crashes pose a significant safety risk, having caused millions of dollars in highway repairs, as well as lengthy roadway closures and supply chain disruptions that impact all British Columbians.
“Simply put, there's no excuses for crashes and collisions with our infrastructure,” said Transportation Minister Rob Fleming. “Let me be clear, these crashes must stop.”
Drivers are responsible for knowing the load size, for adhering to their route, and making sure their load is properly secured, said Fleming. He said doing so has never been easier because of technology such as route maps accessible by mobile phones. The up-to-$100,000 in penalties and jail time does not apply to trucking companies or other personnel.
Transportation Ministry officials said that last fall the province implemented actions on companies through a progressive-enforcement and carrier-suspension framework that provides escalating consequences for companies whose drivers commit repeat offences. “This can mean entire fleets are grounded for weeks or longer, costing the company much more than the fine introduced related to drivers today,” ministry officials said in a written statement.
Fleming stressed the tougher penalties send a message to drivers that they are responsible for the safe transportation of goods and services on our roads, and a lax attitude toward safety will not be tolerated.
He has noted that a small minority of trucking firms and drivers are causing problems.
In a recent Postmedia examination of the issues bearing on overpass and bridge strikes, those in the industry, including truckers, cited inexperienced drivers, lack of training for overheight loads, lack of communication between dispatchers and drivers, firms that push their drivers into unsafe conditions, low pay, and shippers who seek out cut-rate carriers.
The Transportation Ministry noted that the laws surrounding these type of crashes have not changed since the 1970s.
The proposed maximum penalty for commercial transport violations will now be far above other Canadian provinces and territories.
It will be in line with the maximum penalties applied to rail and dangerous-goods safety.
The changes are supported by the B.C. Trucking Association.
“Imposing stricter penalties for carriers supports road safety and helps protect infrastructure, and ultimately enhances safety for everyone on our roads,” said Dave Earle, president of the trucking association.
The group represents trucking companies but not drivers.
The province had earlier increased the fines that can be issued at the roadside to $500 from $100 for trucks with over-height loads that hit overpasses and bridges. The B.C. government also tries to recoup costs for repairs from trucking firms' third-party insurers.
Postmedia's recent examination showed that in Texas, where overpass and bridge strikes are a significant problem, the state legislature passed a law in 2019 that makes companies and drivers liable for damage. B.C. has not gone that far.
The examination also showed that nearly 160 Motor Vehicle Act charges were laid in the past decade against companies that are on the overpass strike list: Chohan Freight Forwarders, Gulzar Transport, Whistler 99 Courier and Freightways, and TSD Holdings.
Of the charges, 130 were levied against Chohan companies from 2010 to 2022, including Chohan Freight Forwarders, Chohan Carriers, and Eternity Transport.
Chohan Freight Forwarders is the only company on the list to have more than one strike of an overpass, with six since the province began compiling the list at the end of 2021.
In February, the province cancelled Chohan's licence to operate in the province.