Legislative reform is required to provide sufficient deterrent and consequences to commercial trucking companies and drivers to minimize the risk of tragic accidents

In the blink of an eye, the lives of two families were changed forever after an horrific accident with a commercial vehicle.

Sadly, this tragedy is far from an isolated incident. During the winter of 2013-14 alone, there were a number of similar accidents involving drivers of commercial vehicles driving irresponsibly in adverse weather conditions, which resulted in injuries and deaths.

Commercial drivers must be held to a higher standard of care. They carry enormous loads and travel at high speeds. As a result, the consequences of a commercial trucker driving negligently on our highways carries a great risk of causing death or serious injury.

While no legislation can guarantee that tragic highway accidents will not occur, the law as it currently exists provides no real deterrent to the trucking industry and its drivers. The maximum fines of $5,000 and $25,000 currently available under the Motor Vehicle Transport Act for drivers and companies, respectively, are inadequate to ensure that trucking companies and their drivers always put safety ahead of speed and profit. Moreover, these fines can only be levied if charges are laid.

I suggest that legislative reform is required to provide sufficient deterrent and consequences to these companies and drivers and minimize the risk of these tragic accidents. Some ideas include, for example:

Stiffer penalties for drivers and companies who drive in unsafe conditions or in an unsafe manner. If an accident causes injury or death there should be mandatory minimum fines that are a real deterrent. Companies and their drivers should not be able to view killing innocent victims as the cost of doing business. Commercial drivers and companies all carry mandatory liability insurance to pay for damage caused. While this is important so that victims can be compensated, the reality is the drivers and companies face little personal financial consequences – there is little incentive to avoid dangerous driving or taking unnecessary risks. Again, given the inherent danger of such large vehicles travelling at high speeds, commercial operators should be held to a much higher standard of care than ordinary passenger vehicles.

Whenever someone is injured or killed in an accident involving a commercial trucker, there should be a mandatory detailed review by Transport Canada of the circumstances of the accident. If the review concludes that the driver or company violated the Act or regulations, or otherwise drove in an unsafe manner, a variety of orders should be available including:

Mandatory licence review requiring the driver to show cause why driver's licence should not be suspended

Licence suspension order

Order the driver/company to attend mandatory driver safety training course

Suspend the company's right to operate until certain safety measures put in place or training undertaken

Recommend charges under the Act

These are just a few ideas. There may be other measures that could promote responsible driving. It is unacceptable for commercial truckers to drive in a manner that jeopardizes the lives and safety of the public. As the number of recent tragedies attest, much tighter regulations are needed to ensure trucking companies and their drivers take every precaution to minimize the chance of injury and death on our highways.