Heavy Trucking Incidents – Are they Federally or Provincially Mandated?

The Magical

Heavy trucking is highly regulated. Whether a truck is under federal or provincial jurisdiction can have a great deal of impact upon the regulations which it is required to follow. In the case of an incident, which jurisdiction the company is under can have significant ramifications for the trucking company or for the insurance company covering the accident.

So is a truck federally or provincially mandated?

All trucks fall under both federal and provincial guidelines to some degree.

Transportation jurisdiction that applies to all trucks:

  • Federal – Transport Canada: Vehicle design parameters (engineering design of vehicles, transportation of dangerous goods, National Safety Mark, standards and regulations)
  • Provincial – Alberta Transportation (Alberta): Transport criteria (seasonal axle weight limit, pilot car requirements)

Beyond the design and transport criteria, the laws governing vehicles are determined by their weight or the number of passengers, and by the area within which they function. If any one truck in the fleet falls into any one of these categories, all the trucks in the fleet are bound by the National Safety Code:

  • Weight of 4,500 kg or more if they travel interprovincially
  • Weight of 11,794 kg or more if they only operate within Alberta, or
  • Commercial vehicles with the capacity for 11 or more people including driver.

The answer to this question is not always clear cut, and can have significant ramifications on the results of an investigation.

For an example of how this has real world effects on you as a business owner or adjuster, check out this news story where the entire case came down to a disagreement on jurisdiction

 

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