Outdated Foreign Empty Trailer Rules Under Review

OTTAWA — The empty trailer repositioning rules in Canada and the U.S. are a throwback to a time before modern logistics practices, larger trailer pools and the rise of distribution centres.

That’s the opinion of both the Canadian Trucking Alliance (CTA) and the American Trucking Associations (ATA) on the way the two countries deal with the repositioning moves of foreign empty trailers. As CTA President David Bradley explained it, the current rules are based on regulations created in the 19th century to protect the marine industry. “The rules simply don’t make sense in the 21st century. The way the economy works has obviously changed,” he said.

Currently, the only way this is permissible is if the trailer is the same one that enters or leaves the other country, but a change looks to be on deck.

A report on facilitating cross-border business travel released yesterday by Canadian immigration minister Jason Kenney, public safety minister Vic Toews and US Secretary of Homeland Security Janet Napolitano, is signalling that both governments could be willing to amend the rules.

The report, essentially a progress update on the initiatives under the Beyond the Border Action Plan, confirm that both the U.S. and Canada have committed to “review policies related to the movement and treatment of foreign drivers and related equipment to ensure maximum legally permissible alignment of policy with evolution in the cross-border trucking industry.”

Both the CTA and the ATA have been knocking on this door for several years, so it comes as good news. But a commitment to review the rule doesn’t mean guaranteed change, cautioned the CTA. “There is also some debate over whether the United States would need to pass legislation to make the change or whether a change in interpretation would do the job.” Still, Bradley said he is hopeful.

If You Do It, I’ll Do It

According to the CTA, Canada is ready to allow US drivers to reposition empty US trailers in Canada, so long as the United States does the same.

In a letter to the CTA, Minister Kenney re-confirmed Canada’s position on the issue: “I would like to reiterate and emphasize our continued support for the Canadian Trucking Alliance’s position on this issue. I can confirm, once again, that if U.S. immigration law is amended to lift current restrictions which have a negative effect on Canadian drivers, Canada is prepared to provide reciprocal treatment to American drivers.”

“Canada has put its cards on the table,” Bradley said. “Now we’ll really see whether the United States is prepared to reciprocate. But the fact the two governments are prepared to review the situation is a positive sign.”

Other associations have thrown their support behind the CTA and ATA as well, notably chambers of commerce and manufacturing associations from both countries, as well as the Canadian American Business Council.

“Business on both sides of the border is in favour of allowing these movements,” Bradley said. “Now we need governments to act.”