Saskatchewan plans shipper liability legislation

REGINA, Sask. (Dec. 24) — Saskatchewan said it plans to draft legislation next year that will hold shippers and truckers jointly liable for vehicle size and weight violations.

Dept. of Highways and Transportation Minister Judy Bradley said the province intends to amend its Highway Traffic Act to assign liability for overweight and over dimensional loads to both the carrier and the shipper. The proposed changes would not apply to shipments using two- and three-axle trucks, effectively exempting most farm trucks and small-shipment carriers from the rules.

Bradley said legislative action is needed on overweight vehicles in order to preserve highway infrastructure.

“While we have increased the traditional enforcement levels, these new provisions will provide us with another effective way of mitigating damage to our roads,” Bradley said.

Truckers have long argued that regulatory measures are needed to prevent shippers from coercing carriers into bending the law by threatening them with the loss of a load. Moreover, the scope of the problem goes beyond allowable weight limits to include hours of service, speed limits, and pressure to operate equipment that may be mechanically unfit.

Bradley said her department will spend the next five weeks gathering feedback on the proposed changes, noting that an information package and questionnaire on possible legislative action is being mailed to carriers, shippers, grain-handlers, local governments, and other stakeholders.

The information package addresses the shippers’ role and responsibility in freight transportation; the carriers’ role and responsibility; issues of access to and examination of records; exemptions; recordkeeping and record retention; and enforcement practices and procedures. The questionnaires are to be returned to the department by Feb. 1, 1999.

“Once we have feedback, we can then address possible concerns by drafting policy and regulations that are acceptable to all affected parties before the legislation is proclaimed,” Bradley said.