I didn't get a ticket, but need help on some research.

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warwgn3
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I didn't get a ticket, but need help on some research.

Unread post by warwgn3 on

Hey Guys,
I'm not sure if this is the correct section to post this... I'm a tractor trailer truck driver, and although i didn't get a ticket, Last week, I was involved in a conversation with my boss and fleet manager about removing snow off the top of the rig.

I found this article online, which covers driving with snow on top of commercial trucks. You can read the entire article here: https://www.insideottawavalley.com/opin ... off-roofs/, but to sum it up, the article(although dated 3 years ago) states that:

1) There are currently no specific regulations or requirements under the Highway Traffic Act for commercial vehicle drivers or operators to clear the accumulated snow and ice from the roof of trucks or trailers.
2) Snow and ice that has naturally accumulated on the roofs of vehicles is not considered part of the legitimate load, and therefore, is not subject to load securement requirements.
3) Any snow and ice that has naturally accumulated on any vehicle, and falls off while the vehicle is on the highway, is considered a road hazard.
4) Under the Highway Traffic Act, no one may drive a vehicle on a highway if it is in a dangerous or unsafe condition which endangers road users.
5) Ice and snow can build up on a transport truck while it’s on the road, while it’s at a shipper’s or receiver’s premises or at a truck stop.
6) Most businesses don’t have the infrastructure in place to remove ice before a truck gets back on the road. It’s not practical to expect businesses install it.
7) Most van-bodied trucks and trailers’ roof structures are not designed for drivers to climb or walk on. And combined with winter weather conditions, would create an unsafe workplace for the driver.
8 ) Ministry of Labour advises that Ontario’s workplace safety laws require the employer to provide anyone working more than 3.04 metres (10 feet) above the ground with fall arrest equipment, scaffolding, etc. to prevent falls. (my rig is 13'6".)


Now, I completely 100% agree with the dangers of having snow fall off my rig while driving, that’s not the argument here. However, what I’m contesting, is the safety factor of actually going up there to remove the snow.

So my questions to you, are:

A) Is there really no law or regulation under the Highway Traffic act in Ontario for commercial drivers to keep snow and ice off the roofs of their rigs?
B) Who is actually responsible for removing snow off the roofs of commercial vehicles? Is it the Company, or the Driver him/herself? Another trucker friend of mine said "It's the driver's responsibility to make sure it's done, but it's the company's problem to deal with it." Is this True?
C) Is it true that Naturally accumulated snow is not considered part of the legitimate load, and therefore is not subject to load securement requirements.
D) Where can I find the specific regulation under either the Ontario Ministry of Labour, Occupational Safety and Health Administration(OSHA), or Ontario Workplace Safety Standards that specifically states that employers must provide workers with fall arrest equipment and training when working at heights of over 3 meters (10 feet)?

If you could help me out with this, I’d appreciate it.


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Nanuk
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Unread post by Nanuk on

While I don’t have all the answers you’re looking for, regardless of snow being prt of the legitimate load you may still face a charge under section 181 of the HTA

No person shall deposit snow or ice on a roadway without permission in writing so to do from the Ministry or the road authority responsible for the maintenance of the road.


If there is snow and ice falling off your truck into the road.


argyll
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Unread post by argyll on

It is always the driver's responsibility to make sure their vehicle is safe before taking it out but it would be up to the company to provide safe and legal methods of ensuring that. How you would get your company to do that, or how they could provide you with something after snow accumulation out of their yard, I have no idea.

The 3m bit I found applies to the construction business but, regardless, a company has a responsibility for health and safety. It may apply across all trades.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


argyll
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Unread post by argyll on

Do you have a union rep ?
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


warwgn3
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Unread post by warwgn3 on

argyll wrote:Do you have a union rep ?
No, my company is not unionized.


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Unread post by argyll on

That's tough. You're on the hook if something happens but I suspect you don't want to be the guy that rocks the boat.

I'd at least raise the question and ask formally how the company wants you to clear the snow and ice before driving. Puts the ball in their court somewhat.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


DCamM
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Unread post by DCamM on

This topic was discussed recently on a trucking program that airs on SIRIUS XM satellite radio station 146.

Program LAND LINE NOW covers trucking issues (mostly USA), including a recent report on snow falling off vehicles.

Here is the link:
http://www.landlinemag.com/story.aspx?s ... l0IK5M-fUI




***I am not a lawyer, I have no legal qualifications and my opinions could well be wrong***.


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