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RedTape&Regulations

The motor carrier industry is one of the most highly regulated industry sectors. We deal with municipal, regional, provincial, federal, and international regulations and by-laws. Eliminating or reducing even some overlapping or unnecessary red tape can result in labour, time and cost savings. BCTA is the only province-wide association that represents motor carriers and can get the government's attention – regardless of level – about cutting red tape. Examples of reduced red tape and regulation can also be found in other Advocacy sections of this website – check those out as well to get the full picture.

 Achievements

2011

  • Influenced the Commercial Vehicle Safety and Enforcement (CVSE) branch to introduce permits for overdimensional vehicles (i.e., overall maximum width 4.4 m, length 31 m, and height 4.47 m) that request approval to travel via the Golden Ears Bridge. Extraordinary loads over 64,000 kg (to a maximum of 80,000 kg) with a permit may use the bridge subject to approval from CVSE  as well as the bridge partnership contractor.

  • Launched a BC anti-indemnification bid to prevent shippers from including indemnification clauses in their freight contracts that require motor carriers to accept liability for damage, even when the shipper has been negligent. At our request, the provincial government has agreed to review potential amendments to the Motor Vehicle Act that would support a Canadian anti-indemnification law as part of a coordinated cross-Canada industry campaign to protect carriers.

  • Influenced the Bridge Engineering branch of the Ministry of Transportation and Infrastructure (MoTI) to give priority to processing overweight permit approvals for repeat loads that are identical to previous approvals, with turnaround of one to three business days.

  • Provided consultation and support to the New West Partnership of BC, Alberta and Saskatchewan for changes to establish consistent rules for large commercial vehicles operating across its borders, including for vehicle size and weights, pilot cars, and better coordinated enforcement, effective July 1, 2011. For example, we convinced CVSE to revise permit conditions for A-train Turnpike Doubles to extend the drawbar length from 2 m to 3.65 m and increase combined axle group weights for single and tandem axles – an interim solution to address immediate industry concerns. Additional harmonization will take place under the New West Partnership Trade Agreement (NWPTA) by July 1, 2012 (and beyond).

  • Communicated with MoTI regarding Alberta’s lack of reciprocation on trip inspection reports with provinces that have not adopted National Safety Code (NSC) Standard 13 (Trip Inspections), including BC. Although a consistent national standard makes sense, BCTA has noted practical issues in complying with Schedule 4 inspection requirements (for underbody inspections), including potential problems with scheduling inspections every 30 days or 12,000 km by a person who holds “the appropriate technician certification or qualification.” This is especially true for motor coaches, which could experience significant downtime and disruptions to tours. (NSC 13 is also a topic of negotiation under the NWPTA.)

  • Recommended against WorkSafeBC requirements for permanently installed dump box supports for trailers, given that there have been no related injuries to date and retrofits would be costly, based on consultation with members (especially since there are no comparable standards for trailers required for manufacturers elsewhere in Canada or the US). Instead, BCTA advocates the use of best practices for the inspection and maintenance of dump trailers.

  • Participated in a successful 3-month pilot project with CVSE to streamline extraordinary load permit applications, which will now be handled directly by the Provincial Permit Centre. The pilot replaced manual procedures with electronic ones, relying on e-mail to improve customer service, communications, and response times, and removing steps to simplify the process overall. BCTA convinced CVSE of the need to deal with the delays that occur with the previous system, as well as for improved customer service.

  • Supported members through communications with CVSE to clarify confusion over some aspects of NSC Standard 10 Cargo Securement requirements (i.e., for a working load limit marked by the manufacturer on tiedowns and other securement devices), which became enforceable on January 1, 2011.

  • Successfully recommended that CVSE extend the deadline for eliminating the 150 cm minimum for small “D” signs for oversize loads/vehicles to the end of July 2011. Following this decision, CVSE further extended the deadline to December 31, 2011, in order to ensure harmonization under the NWPTA.

  • With feedback from members, helped gain another 6-month extension to the BC compliance deadline for retrofitting diesel engines with emissions reduction devices, from April 1, 2011, to at least September 30, 2011.
  • Supported proposed changes to the International Registration Plan (IRP) that would allow motor carriers to pay registration fees based on actual mileage and automatically register each truck involved in IRP with each IRP jurisdiction. This change would prevent carriers from overpaying registration fees (due to over-estimating mileage), improve the administrative process for adding and removing vehicles from the IRP, and allow fleets to operate into any and all IRP jurisdictions, without additional paperwork.  Although this ballot did not proceed in 2011, BCTA continues to support a future vote (some jurisdictions, primarily in the US, did not support the change because of financial considerations).

  • Provided comment to the federal Red Tape Reduction Commission regarding examples of red tape that plague the industry, including requests for data in formats incompatible to the way the industry collects it. BCTA presented feedback collected from members but also encouraged carriers to make their own submissions directly to the Commission.

  • Recommended a reorganization and update of the Commercial Transport Procedures Manual. CVSE announced an initial revision in February 2011, with an edited versions following quickly in March and July. CVSE agreed to keep BCTA informed of all changes, so that we could comment and inform members about any clarifications of note.

2010

  • Successfully advocated an extended deadline for a 3,000 kg weight reduction for quad axle trailers, from 34,000 to 31,000 kg, until December 31, 2011.

  • Participated in a Turnpike Double (TPD) demonstration from the Lower Mainland to Kamloops and Kelowna, which influenced CVSE to allow TPDs (previously prohibited) and expand the long-combination vehicle network.

  • Facilitated Provincial Permit Centre phone system improvements through input on technical, operational and service issues.

  • Convinced the Office of the Superintendent of Motor Vehicles (OSMV) to revise its impoundment appeal policy to allow applications for the early release of three- and seven-day impounded National Safety Code-regulated commercial vehicles (except power units) on the grounds of economic hardship. When BCTA objected that the appeal policy should also cover tractors, OSMV confirmed that if a commercial driver is not operating his or her own vehicle it is unlikely that an enforcement officer will impound the vehicle.

  • Influenced the Insurance Corporation of BC’s (ICBC’s) Prorate Department to update the Prorate Fleet and Vehicle Application forms by making them fillable PDFs (which now also automatically compute distance). Prior to this, applicants completed forms by hand. Prorate licence plates exempt carriers that regularly travel between jurisdictions from having to buy trip permits when they enter a jurisdiction.

  • Convinced ICBC to scrap a requirement for vehicle appraisals (i.e., fair market value letters) for a lease buyout as of July 1, 2010. Instead, ICBC implemented a new process that uses the capital cost of the vehicle as the purchase price and the original lease start date as the purchase date.

2009

  • Influenced CVSE to adopt most of BCTA’s recommendations for the Preventative Maintenance (PM) Program, including elimination of the minimum fleet size, continued inclusion of carriers with non-BC-based plated vehicles and grandfathering of non-trades-qualified mechanics for 10 years. CVSE agreed to issue facility licence renewals bi-annually rather than annually.

  • Convinced CVSE not to require the installation of lift axle status lights in a cab as long as the lights are visible to the driver. BC’s requirement now aligns with that of Alberta and reduces compliance costs without impacting safety.

2008

  • Persuaded CVSE to delay proposed changes to the PM Program (with the exception of individual licensing of satellite facilities).

    At the time, the PM Program allowed BC carriers with 15 or more vehicles to undertake their own fleet maintenance in place of required semi-annual government inspections, as long as they follow strict facility and scheduling requirements. The PM Program worked well for the industry as is, but CVSE wanted administrative changes that did not offer benefits to participants. CVSE agreed to meet early in 2009 with BCTA representatives and members to discuss a revised proposal.

2007

  • Following implementation of new federal Hours of Service Regulations in 2007, worked to educate transportation ministry representatives about the impracticalities of the enhanced record-keeping requirements for local drivers (i.e., those operating within 160 km of home base) and of the newly-mandated 16-hour working window for some carriers in certain situations, including those who must regularly use BC Ferries.

  • Supported the Canadian Trucking Alliance and other business organizations in successfully opposing Bill C-257, which would have prevented any replacement worker, except for management, supervisory or labour relations personnel, from performing the work of an employee on strike or locked out in federally regulated industries such as trucking.