Police, media want extension of “wheel off” law after tragic truck part fatality

TORONTO, (May 17, 2004) — The family of a Toronto man killed over the weekend by a metal shoe that flew off a transport truck’s landing gear is questioning why a law that imposes a hefty fine of $50,000 in the event of a “wheel-off” doesn’t apply to all truck parts as well.

The victim’s Brother-in-law Del Chita told Canadian Press that the government doesn’t do enough to punish truckers in incidents where parts come off equipment and injure bystanders. “There are too many trucks on the highways and not enough inspections,” he told the news agency. “Things fall off trucks all the time.”

Toronto media and enforcement officials also called for an extension of the controversial section 84.1(1) of the Highway Traffic Act, which also denies carriers a defence of due diligence and automatically affixes guilt in the event of a wheel separation from a commercial vehicle. Ontario Provincial Police Sergeant Cam Woolley told media the legislation must be amended to include any part that flies off a truck, because “small metal parts can kill just as easily as huge tires.”

On Saturday May 15th, a 10-kg shoe at the base of a trailer’s landing gear leg flew off at struck Fernando Martins’ car at an estimated 200 km/h. The metal piece went through the front windshield, and hit Martins before exiting through the vehicle’s sunroof. Martins died of his injuries10 hours later at Sunnybrook hospital.

Police are still searching for the tractor-trailer and driver, who the OPP believe drove off after the incident without any knowledge of what happened.

Ontario Transportation Ministry spokesperson Danna O’brien told Today’s Trucking she could not confirm nor rule out whether the ministry would pursue the suggestion to expand the “wheel off” traffic Act provision to any other truck parts.

“First and foremost Minister (Harinder Takhar) says this is nothing short of a tragedy and his thoughts go toward Mr. Martin’s family,” she said. “He’s still waiting for the police to conclude their investigation. However, all I can speak to is the minister is looking at every possible option to improve safety. He has to look at the feasibility of everything in front of him. So to be reactive and say ‘sure we’ll do this or that’ wouldn’t be a rational way to approach it.”

The Ontario Trucking Association released a statement today advising all trucking companies and drivers to take extra care in conducting vehicle inspections. “While commercial vehicles consist of many thousands of individual parts — and occurrences of parts becoming detached are actually quite rare — the consequences when it does occur can be very destructive,” the statement said.

“There is a culture of safety in the trucking industry reflecting the enormous responsibility that arises out of sharing our workplace with the public. The safety record of the trucking industry in Ontario is enviable,” said OTA president David Bradley. “But tragedies such as these remind us that no matter how good we are and no matter how good a job the vast majority of people in the trucking industry do, we must continually strive for further improvement.”

The OTA said it plans no further public comment until the results of the investigation are known.

Three weeks ago the Supreme Court denied the latest appeal from a carrier challenging section 84.1 of the Act. The Supreme Court of Canada agreed with a previous Ontario Superior Court ruling that upheld the law as being constitutional, and arguments by Transport Robert — that having the defence of due diligence stripped regardless of guilt violates section 7 of the Canadian Charter of Rights and Freedoms — were dismissed.

— with files from Canadian Press