B.C. proposes penalties up to $100K, jail time if trucks hit overpasses

B.C. is raising the stakes for companies that are involved in overpass and infrastructure crashes, proposing fines of up to $100,000 and even jail time for offenders.

In an effort to reduce the number of crashes, of which there have been almost three dozen in the last two years in the Lower Mainland, the province is also proposing “imprisonment up to 18 months upon conviction for violations.”

This comes after the B.C. government raised the highest penalty allowed under current law from $100 to $500 in December.

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Minister of Transportation and Infrastructure Rob Fleming notes these crashes pose significant safety risks, affect the supply chain and commuters, and have resulted in millions of dollars in damage.

“With these new penalties, we are taking the strongest action possible to keep our roads safe and to keep people, goods and services moving,” Fleming said in a release Tuesday.

“This also sends a message to commercial truck drivers that they are responsible for the safe transportation of goods and services on our roads, and a lax attitude toward safety will not be tolerated.”

He adds the majority of commercial drivers are not the problem — it’s the “tiny percentage that don’t seem to be getting the message” who the government is trying to “pin point, with laser precision, on enforcement going forward.”

The province notes laws around highway infrastructure crashes in B.C. have not changed since the 1970s. It adds the proposed maximum penalty of $100,000 is “far above other Canadian provinces and territories, and falls in line with the maximum penalties applied to rail and dangerous-goods safety.”

The proposed changes to the Commercial Transport and Motor Vehicle acts are being welcomed by industry stakeholders like the BC Trucking Association, which has been collaborating with the ministry on these changes.

“Imposing stricter penalties for carriers supports road safety and helps protect infrastructure, and ultimately enhances safety for everyone on our roads,” said Dave Earle, president and CEO of BC Trucking Association.

In an interview with CityNews, Earle says the vast majority of companies support the proposals.

“They’re just as frustrated as you and I are because they also get stuck in the mayhem. So, overall, the industry is looking at this and saying, ‘Yeah, we need to have these people that aren’t doing the work, do the work that’s needed,'” he said.

“This is now really driving drivers’ attention that if you don’t do the work that’s needed, you’re facing some very, very significant enforcement action.”

B.C. United Truckers Association says drivers should not have to carry all the blame, and the province needs to re-evaluate its infrastructure.

“Why do these accidents not happen in Alberta or in Washington State? If they’re only happening in B.C., that means there needs to be a study on the infrastructure,” said Gagan Singh, a spokesperson for the association.

Previous changes to the Commercial Transport Act announced in December are meant to take effect this June.

The December announcement also revealed new technical requirements for companies, including over-height warning devices and speed limiters for commercial trucks, and the province is looking at the possibility of pulling the licenses of companies repeatedly involved in infrastructure crashes.

At the time, the province indicated the new fines would be the highest in the country but “amounts are currently limited by legislation.” It said it would be reviewing potential legislative changes to allow for higher fines in the future.

–With files from Michael Williams and Cecilia Hua