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Ontario Highway Traffic Act

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PostPosted: Fri Oct 16, 2009 7:33 am 
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Off-topic, but while Marquisse is gone, shh! - aren't there workplace safety rules against truckers clearing their trailer tops of ice? It's above the height limit where you need to be tied off, and there is no place to tie off to. At least that's what I've heard.


Hey now, that's not very nice, Squishy. :(

There is a serious hazard to it because there is no way to safely do so. They have to get up and chisel the ice, which can get thick, off the top of the trailer. Employment legislation prohibits workers from climbing without approved safety equipment.

My friend and her hubby have owned a trucking company for 16 years (was her hubby's Dad's) and the ice falling is treated much the same way as debris falling from the truck, unless someone is seriously hurt or killed, or major calamity such as multi-vehicle accidents occurs, and the discretion lies with the officer to broadly interpret legislation. In those cases, charges are often laid. There are currently no laws on the books relating directly to this, except for Quebec. Private members' bills have shown up often only to die off, and usually happen when such a calamity happens as a result of falling ice. It's a vastly under-appreciated hazard, largely ignored by both the commercial trucking industry and the government. Some of these ice sheets can weight in the tonnes.


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PostPosted: Fri Oct 16, 2009 8:43 am 
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Marquisse wrote:
ice falling is treated much the same way as debris falling from the truck.

Been lurking on this thread with interest -- like most drivers I too have been hit by stuff flying off trucks (including an aerodynamic 4'x4' piece of corrugated sheet metal two or three years ago), but figured it wasn't worth making a fuss because trucking companies are pretty much immune until somebody is injured or killed. As Off_camber says, "Trucking companies get this ALL the time." Ho hum, and what's for dinner?

Ice, though, I have so far seen only flying, not hitting anything but the roadway. Is it also just something that truckers can routinely ignore?


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PostPosted: Fri Oct 16, 2009 9:13 am 
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Hi Proper1, Yes, they do get it all the time but that does not make them immune, nor does the fact that insurance provide for the repair (actually, unless there is damage over $1000, it still comes out of our pocket) under comprehensive mean that we cannot go after them civilly (providing it is not frivolous and the damage is quite extensive). It doesn't make sense to bother if the repair/damage amount is relatively minor, but on principle, it is NOT at all fair to expect motorists to suck it up if the debris comes from their truck.

Ice can cause serious accidents and death. A vast majority of the industry ignores it, and a good percentage of drivers have stories to tell about the damage caused by sheets of ice flying off of their trailers.

Here's some articles that expand on the issue:

http://www.todaystrucking.com/features. ... ocID=21462

http://www.truckinjurylawyerblog.com/20 ... e-tragedy/


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PostPosted: Fri Oct 16, 2009 11:19 am 
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Marquisse wrote:
Hey now, that's not very nice, Squishy. :(

Image

For damage under $1000, what do you mean by it coming out of our pocket? Is that because of your deductible? I still think you have a good chance at pushing them to cover it under DCPD with the plate and police reports. It's like someone backing into your vehicle in a parking lot - it's under comprehensive if no one saw it happen, but if you have a plate then it is covered under DCPD. The insurance company just wants to know who to go after.

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PostPosted: Fri Oct 16, 2009 11:50 am 
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Yeah, my deductible is higher than the cost will be for repairing the windshield, even if it turns out I need a new one. If I opt to fix the dents (especially the major one overtop my windshield), it may take it over the deductible. If that's the case, I will go the route you are talking about. Easier on the nerves, I've paid for the coverage, and hell I've not made a claim since 1996 when a car t-boned mine while mine was parked.

However, if my insurance company doesn't budge and keeps it under comprehensive, I'll have to shell out anything under $1000.00 in deductible. That is what really angers me. It wasn't my fault. I wasn't travelling too close even by the wildest stretch of imagination, and I know it came from the bin on the truck. IMO, it was negligence on the part of the operator as, although they claim the bin was empty, there was obviously enough debris to catapault it from the bin and with such velocity that it hit me - and kept hitting me. It was most certainly not kicked up from the road.

So, it's only if I am stuck with paying hundreds out of my own pocket to fix my car that I will get litigious, and especially so if my insurance company doesn't recategorize it. I already have a police report that, for the purposes of insurance, classified it as a "fail to remain". The Officer did that because of the extent of damages and he knew I would have a problem with the transport company taking responsibility. I find out tomorrow exactly what it is going to cost to repair. I am crossing my fingers that they can repair my windshield and not have to replace it, and my brother is going to take a look at the damage on the body of my vehicle tomorrow to advise me how to fix the damage.


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PostPosted: Mon Oct 19, 2009 8:03 pm 
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Squishy wrote:

Off-topic, but while Marquisse is gone, shh! - aren't there workplace safety rules against truckers clearing their trailer tops of ice? It's above the height limit where you need to be tied off, and there is no place to tie off to. At least that's what I've heard.


I hauled B-Train flat decks for many years, and the rule of thumb was if it was 3 feet off the deck of the trailer a CSA approved fall arrest/restraint was mandatory under WSIB.

as for a driver going to the top of a Trailer which a regular 48' or 53' Van trailer is 13'6"---thats a no no.

However, quite a few trucking companies have a systym where the driver drives under a rack that scrapes ice and snow off the top of the trailer


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