The trucking industry has always been an integral part of the Alberta economy. Trucking companies and carriers throughout Canada employ drivers who operate within Alberta’s borders, where they are subject to Alberta traffic laws. And like any other driver on an Alberta road, a semi-driver can be ticketed for speeding or failing to stop at a red light, along with a laundry list of possible equipment infractions. This can happen during a normal traffic stop or during commercial inspections at checkpoints and weigh stations. The issue for commercial drivers and carriers is that any ticket a driver receives can affect the truck driver’s license as well as the company’s carrier profile. This post will briefly explain how tickets and inspection reports can affect both the driver and the company, as well as the process to limit these effects.
Tickets for Drivers
Every person who drives a vehicle on a street or road in Alberta is subject to the Traffic Safety Act as well as several regulations that govern equipment and road use (ex. Vehicle Equipment Regulation and the Rules of the Road Regulation). But professional drivers also have to ensure they comply with regulations governing commercial vehicle equipment, driver’s hours of service, and maintenance standards. Though each province may have their own version of these regulations, there is general consistency across the country from province to province.
A commercial driver pulled over for failing to obey a yield sign may end up having their logbook, insurance and maintenance paperwork, and their entire truck-and-trailer unit inspected. This can result in a traffic ticket like any other driver would receive, along with inspection reports such as a Traffic Violation Report or a Commercial Vehicle Inspection Report. Both the ticket the driver receives and any issues identified during the inspections can affect the driver and the trucking company’s carrier profile.
Carrier Profiles
Federal law requires that each commercial operator that has trucks on the road in Alberta (or any other province) have a carrier profile that is maintained by each provincial government. This profile is a way for transportation ministries across the country to keep track of any safety issues or risk factors identified for commercial carriers. This profile is also reviewed by insurance companies, and negative entries on a carrier profile can dramatically increase the company’s insurance costs. A carrier profile will include a detailed history of:
- Convictions for all drivers operating equipment for the carrier;
- Administrative penalties received by drivers or the carrier;
- Commercial Vehicle Safety Alliance inspections conducted; and
- Reportable collisions and violations of provincial and federal laws and regulations.
If a carrier has multiple entries on their profile, along with increased insurance costs, it can result in increased monitoring by the government. This increased monitoring applies to those 5% of carriers with the highest risk factor (R-Factor). A carrier’s R-Factor is calculated based on the contents of the carrier profile when compared against similar carriers in that jurisdiction.
As of January 2020, carrier profiles requested online are free of charge.
Inspections and Reports
When a commercial driver’s truck and trailer unit is inspected, whether that be at a weigh station, during a traffic stop on the highway, or as a result of an accident, the inspector will create a report. That report will record any issues identified and will assign a ‘Result’ for each issue. The Result may be that the issue is identified as “Requires Attention”. As an example, if the truck being operated has a low-beam headlight that is out, the inspector may ask the driver to have the light repaired, but allow the truck to get back on the road. This type of entry is equivalent to a warning, which will not affect the R-Factor of the carrier.
However, for major infractions, an inspection report Result may state that the truck is “Out of Service”. Every Out of Service entry can affect the carrier’s profile and raise the carrier’s R-Factor. It is important to assess any Out of Service entries on an inspection report and, where the carrier believes the entry was made in error, request a review of the report.
Review of Reports
There is a formal process to request a review of any inspection report produced during a traffic stop or weigh-in. A carrier must contact the inspecting officer who wrote the report within 28 days of the inspection and discuss the issues that the carrier disputes. If the carrier and the inspecting officer are unable to resolve the disagreement about the issue, the carrier will need to make a formal application in writing to either the Commercial Vehicle Enforcement Chief or the Alberta Commercial Vehicle Safety Alliance Program Coordinator. Once the final decision is made, the carrier will be notified in writing.
Conclusion
Commercial drivers and their companies should take all tickets and inspection reports seriously. Tickets and inspection reports can affect a carrier’s insurance as well as cause increased monitoring by provincial transportation authorities. If you are looking for advice on disputing a traffic ticket or an inspection report, contact BW Law for help.