(Ontario Trucking Association)
The Canadian Council of Ministers Responsible for Transportation and Highway Safety met yesterday in Quebec City and based on reports emanating from the meeting, the Canadian Trucking Alliance and the
provincial trucking associations have reason to be encouraged that some of their major concerns regarding the proposed Canadian hours of service regulations and the proclamation of a new Motor Vehicle Transport Act
(MVTA) may be addressed, at least in part.
Of particular concern with regard to the proposed new hours of service rules, was the outcome of the ministers' deliberations over a proposal from Transport Canada
(supported by the Ontario Ministry of Transportation), that would extend the proposed "working window" from 16 hours to 18 hours. Under the current draft regulation a driver must get all of his driving and
working time in within 16 hours of coming on duty. If a driver is working the maximum hours (14), this leaves only two additional hours for breaks, delays, naps, etc. For many drivers where delays at shipper/consignee
facilities, has become an unfortunate but regular occurrence, this eats directly into the driver's productive time. This not only risks eating into the driver's earning potential, but it also discourages drivers from
stopping to rest and to take breaks for meals, hygiene, etc.
"We have heard from drivers that this is their major concern with the proposed Canadian rules as presently drafted," says the CEO of the
Canadian Trucking Alliance, David Bradley. "It puts them under more pressure than they are already under and from a safety perspective creates a bizarre circumstance where a driver would be penalized for taking
more than the prescribed amount of off-duty time." The proposed amendment would not alter the currently proposed daily limits on driving.
Bradley welcomed the reports he received that at their meeting
yesterday, the Council of Ministers directed the Canadian Council of Motor Transport Administrators (CCMTA) to review the impacts of the 18 hour working window proposal in consultation with the industry and to report
back within 60 days. This would enable the federal government to introduce a final regulation, which the associations are hopeful will include an 18 hour window, by January 1, 2005. Each province would then have one
year to introduce the federal rules in their regulations/legislation before coming into force.
It was also expected that the Council of Ministers would extend the date for the coming into force of the new MVTA
from January 1, 2005, until January 1, 2006 in order to give provinces more time to improve the level of consistency between the various provincial carrier safety ratings systems - a key desire of industry that is
intolerant of the situation that could arise where carriers from various provinces with essentially the same performance could receive different safety ratings.
Concern over this potential for an unequal playing
field caused the Ontario government to rate all out of province carriers operating into and out of the province, something that did not always sit well with other jurisdictions but was supported by the Ontario Trucking
Association. Both the Ontario Ministry of Transportation and OTA argued that premature proclamation of the MVTA in 2005 - in the absence of meaningful measures to address the lack of national consistency - would make it
illegal for Ontario to rate out of province carriers from Canada and the U.S., putting Ontario carriers at a competitive disadvantage.
Carriers from across Canada were also concerned about whether the U.S. would
grant reciprocity for 10 somewhat different provincial ratings programs. The answer is probably not, at least not in the short-term. However, it is expected the provinces will have the authority to monitor/rate U.S.
carriers that operate into and out of their jurisdictions, though details are sketchy at this time. Nevertheless, according to Bradley, "if indeed this is how things played out at the ministers' meeting, while it
does not completely address our concerns, it does indicate the governments have been listening and have showed a willingness to try and resolve our concerns. But, we'll have to keep their feet to the fire to ensure
everyone follows through before 2006." |
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