SPECIAL REPORT: Clock ticks on HoS compliance; Feds not twisting arms yet

OTTAWA — It doesn’t look like Canada’s western provinces are in much of a hurry to fully get on board with new federal hours-of-service rules — even as the president of the nation’s largest truck group is demanding sanctions if they don’t comply soon.

Almost a year after new HOS rules came into effect in Canada, most western jurisdictions — Alberta particularly — still haven’t begun completely enforcing them for interprovincial carriers.

The Canadian Trucking Alliance says these provinces — despite approving the federal standard years ago — continue to ignore key elements of the rules by exempting huge numbers of vehicles, and even creating their own provisions.

Western highway carriers are frustrated their off-road
counterparts and local haulers don’t have to comply with HOS yet

Some discrepancies in provincial rules include exempting carriers in logging and oil and gas industries; and exempting operators of vehicles below a weight threshold of 11,794 kg from having to comply with any rules. The National Safety Code weight threshold has been set at 4,500 kg.

The CTA is so concerned about the “unraveling of the rules,” that it is calling upon federal Transport Minister Lawrence Cannon to withhold highway infrastructure funds in order to force dissenting provinces to comply. Another option, suggests CTA, is revoking the provinces’ authority to issue federal safety certificates if they continue to provide exemptions to interprovincial carriers.

“Now, only 10 months after the coming-into-force of the federal regulations, we see a disturbing trend emerging that if left unchecked, will negate the basic principles of safety and regulatory harmonization,” CTA boss David Bradley recently stated in a press release.

Alberta, for one, doesn’t seem particularly concerned with the pressure coming from CTA. A spokeswoman for Alberta Transportation and Infrastructure said she wasn’t aware of Bradley’s comments. And when told of the dissatisfaction rising from the highway carrier community, she didn’t indicate the province would speed up its schedule.

“We’re continuing to consult with industry and stakeholders; and will continue to operate under the old provincial rules until such consultations are finished,” Eileen McDonald told TodaysTrucking.com.

She added that her government is enforcing the federal regulations on federal carriers; and non-compliant carriers are being put out-of-service.

Alberta may be moving at a snail’s pace, but in Saskatchewan things have grinded to a halt. A recent changing of the guard in the legislative assembly has put harmonization in limbo. “We have no position right now because we have no minister and are in a period of transition,” explained Kirsten Leatherdale, with the Saskatchewan Department of Highways and Transportation. “At one point or another there will be a decision made on which way to go, but right now there is no stand or position.”

Ottawa doesn’t seem willing to take the aggressive approach
with non compliant provinces as suggested by CTA

B.C., meanwhile, just ended its “soft enforcement” period of the federal rules, but a ministry spokesperson confirmed that oilfield and logging fleets would continue to be exempt until at least December, and the department has given direction to its staff to “focus enforcement on vehicles having a GVW in excess of 11,794 lbs.”

It’s been suggested that CTA — either indirectly, or on purpose — could spark a showdown between the non-compliant provinces and Ottawa.

For now, at least, it doesn’t appear that Transport Canada is willing to be as aggressive as CTA wants. In an interview, Brian Orrbine, chief of motor carriers, said the feds are continuing to work with the provincial ministries to try and get a consensus.

“Hours-of-service has been going on for over a decade, so we’ve been working at this with the provinces, territories, stakeholders and everyone else for a long time,” he said. “Transport Canada supports a national consistency and we’re continuing to work with these provinces to seek regulatory solutions that are consistent across the country.”

When asked if Transport Canada would consider any of the penalties proposed by CTA if the renegade provinces continue to postpone enforcement, Orrbine replied: “They will come onboard eventually, so that’s not the issue; and we can’t tell them to make regulations.”

But he added, “to be honest, we are looking at all the options available to us.”

Orrbine suggested that the barriers preventing full-scale compliance have more to do with time, than defiance.

“The end goal is to create a level playing field and the only way to do that is to create regulations that are the same,” said Orrbine. “If those provinces are enforcing federal regulations as they’re written then there’s no issue.”