Jail time and heavy fines proposed for truck drivers hitting B.C. overpasses

The B.C. government is proposing jail time and six-figure fines if commercial drivers are responsible for striking provincial infrastructure.

On Tuesday morning, the Ministry of Transportation and Infrastructure announced proposed changes to the Commercial Transport Act that would enable the courts to impose fines reaching $100,000, as well as imprisonment up to 18 months upon conviction for violations.

"With these new penalties, we are taking the strongest action possible to keep our roads safe and to keep people, goods and services moving," said Rob Fleming, the minister of transportation and infrastructure, in a statement announcing the changes.

"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."

"Nobody sets out to hit an overpass," said Dave Earle, president of the B.C. Trucking Association.

"What this does is send the message to say you need to be more diligent, you need to pay attention to what you’re doing."

It’s not just drivers that could face hefty fines or jail – companies could also be liable.

“It really depends on the facts that are uncovered around driver responsibility and/or a poor safety culture that is the responsibility of the company,” said Fleming.

But some industry members argue stiffer penalties aren’t the answer, and that the problem lies with too many inexperienced drivers, dispatchers and companies in B.C.

“I don’t think jail time and/or fines of that magnitude is going to change anything,” said Tom Johnson, manager at Kimberly Transport, who said his company has not been involved in any overpass strikes.

“I think what’s happened is there’s simply accidents and I think the government can do a lot more in terms of signage and just education in general,” he said.

Fleming said there will be training materials provided to give commercial drivers guidance.

According to the ministry, highway infrastructure laws have gone unchanged since 1970s, while infrastructure crashes have caused millions of dollars in provincial highway repairs, as well as lengthy highway closures and supply chain disruptions.

Since 2021, the province has reported 35 crashes caused by over-height commercial vehicles.

The additional measures come just weeks after the province announced the license suspension of Chohan Freight Forwarders, which had multiple incidents over the last two years.

A company spokesperson told CTV News by email that “Chohan Freight Forwarders Ltd. has challenged the cancellation of its safety certificate using the process set out in the Motor Vehicle Act.”

Nitasha Chohan, Chohan’s director of safety and compliance, also wrote that with respect to the new penalties, “we support any steps the government can take to hold commercial drivers accountable when these accidents occur, rather than punishing an entire fleet or carrier."

"In our view, the current enforcement against individual drivers has not been sufficient in reducing the risk to public safety," Chohan added.

In early December, the province outlined plans to deter costly and dangerous crashes, including a fine increase to $575 for over-height vehicles. The previous penalty was $115, making B.C.'s new fine the highest of its kind in Canada, according to officials.

The NDP government is also looking at making dash cameras mandatory for commercial vehicles.

“We know that no other jurisdiction in North America has that just yet so we haven’t found any examples of implementation,” Fleming said.

The province says the new proposed maximum penalty for commercial transport violations would also be above those of other Canadian provinces and territories, and is similar to the maximum penalties applied to rail and dangerous-goods safety.

"The BC Trucking Association welcomes the legislative change by the province to hold carriers accountable," said Earle.

"Imposing stricter penalties for carriers supports road safety and helps protect infrastructure, and ultimately enhances safety for everyone on our roads."

Effective June 1, B.C. will require in-cab warning devices to alert dump-style vehicle operators when the dump box is raised, while also mandating speed-limiter devices preventing heavy commercial vehicles from travelling more than 105 km/h on B.C. highways.

In the statement released Tuesday morning, the province says it has raised the trucking issues with all levels of government is working to address loopholes where carriers with poor safety records can no longer operate in neighbouring jurisdictions.