Manitoba Highway Traffic Act amendments include sweeping shipper liability rules

WINNIPEG (July 3, 2002) — A bill introduced last week in Manitoba’s legislature would make shippers liable where it can be shown they may have coerced a motor carrier to violate commercial vehicle safety rules.

Bill 40 would amend the province’s Highway Traffic Act. It was introduced June 27 by Transportation and Government Services Minister Steve Ashton.

As written, the bill applies to any action by the shipper that causes the motor carrier or its driver to act unlawfully, “or commit any offence with which the motor carrier or the driver of the vehicle may be charged due to the contravention.” If convicted, the shipper could be made to pay any fine for which the motor carrier or driver may be liable, whether or not the motor carrier or driver has been prosecuted or convicted of the offence.

The language of the bill is a significant departure from so-called shipper-liability laws in other jurisdictions. In most cases, those laws are limited to overweight violations. If passed, Bill 40 could apply to violations of hours of service rules and equipment safety standards, among others.

“The big question will revolve around how to establish that coercion has taken place,” said Bob Dolyniuk, general manager of the Manitoba Trucking Association in Winnipeg. “If this amendment goes through, there will have to be supporting legislation that sets out how to enforce this. But no question, I think this is a step in the right direction.”

Other proposed changes include the establishment of a separate record of violations committed by commercial drivers, giving employers access to a more complete driving history of employees or prospective employees. Currently, Manitoba driver abstracts show only moving violations.

Bill 40 would also create tougher penalties for the offences of suspended driving, careless driving, and failing to stop for a police officer. The maximum fines would be increased to $5,000 with a maximum license suspension of one year. For individuals convicted of suspended driving or failing to stop for a police officer, a one-year period of imprisonment would also be available as a sentencing option.