B.C. Raises Maximum Penalties for Trucks That Hit Overpasses

In March 2024, British Columbia moved to raise the maximum penalties for commercial vehicle crashes into highway infrastructure such as overpasses. The province announced the changes to the Commercial Transport Act in a March 12, 2024 news release, and a provincial CVSE bulletin recorded that the amendments came into force on March 14, 2024.

The new maximums

The amendments let courts impose a fine of up to $100,000, imprisonment of up to 18 months, or both, on conviction for height-related violations. The province said the maximum was far above those in other Canadian provinces and territories and in line with the maximums for rail and dangerous goods safety.

The ministry tied the change to 35 crashes involving over-height commercial vehicles since late 2021. It said laws on highway infrastructure crashes had not changed since the 1970s, and that the crashes had caused millions of dollars in highway repairs, long closures and supply chain disruptions. The BC Trucking Association was consulted and supported the higher maximums, according to the release.

How a case reaches court

The bulletin explained that the roadside ticket did not change. Over-height offences, such as running above 4.15 metres without a permit or exceeding a permit's height, carried a ticket of $575 including the victim surcharge levy. The ticket fine itself had been raised in December 2023 from $100 to $500, the most allowed under the previous law.

The higher penalties were for the most serious cases. After an infrastructure crash, an enforcement officer would investigate and decide whether to issue a ticket or report to Crown Counsel. If Crown Counsel approved charges and the accused was convicted, the court would choose a penalty within the range set by the Act. Uncontested tickets for height violations were to be recorded on the carrier's National Safety Code profile.

Part of a wider crackdown

The province described the penalty increase as the latest of several steps. Those included:

• a progressive-enforcement framework and carrier-suspension policy, with escalating consequences for repeat offenders that could include loss of a safety certificate;
• the higher roadside fine for over-height vehicles;
• a requirement, effective June 1, 2024, for in-cab warning devices that alert drivers of dump-style vehicles when the box is raised;
• speed limiters that kept heavy commercial vehicles from exceeding 105 km/h on B.C. highways.

B.C. also said it had raised, through the national council of transportation ministers, the problem of carriers with poor safety records that are barred in one jurisdiction but keep operating in another.

Training on measuring loads

The ministry said it was developing training material on measuring vehicle and load height. It noted that proper height measurement was already part of the Class 1 Mandatory Entry Level Training program.

Archive: this article describes rules and events as of March 2024. Regulations may have changed since, so check the current rule before relying on it.