RECOMMENDATIONS

GENERAL MANAGER'S COMMENTS

The General Manager supports the above recommendations.

COUNCIL POLICY

Council approves amendments to the Street and Traffic Bylaw.

PURPOSE

The purpose of this report is to further City efforts to improve truck and large vehicle safety and to recommend further enhancements to the Truck Safety and Enforcement program.

The report also recommends some by-law changes to deal with unsafe or un-permitted street and path closures, traffic impacts of building sites and the marking and placement of large waste containers, storage containers and construction trailers on city streets.

Given the increase in construction, currently underway and planned within the City, these proposals are considered essential to ensure continued success in dealing with truck and other safety concerns. These proposals also provide for a more consistent set of standards for all Companies to follow when driving or working within the City of Vancouver.

One additional “Housekeeping” bylaw change is also included to officially implement the Downtown Truck Route changes for the Downtown Transportation Plan.

BACKGROUND

Staff have for some time been implementing a program to improve compliance with City by-laws and other road related laws especially around truck loading, engine brake use and use of truck routes which had generated the majority of truck related complaints. A new by-law was fully implemented in 2003 to require vehicles to cover loads of dirt, rocks and other loose material. These changes were accelerated by a fatality on SW Marine Drive from a rock thrown into a car from a truck.

As part of this program, staff have added the following clauses to relevant permits, contracts and agreements:

Staff have also been working with other agencies such as the Vancouver Park Board, GVRD, UBC and BC Hydro who have been adding similar clauses to their contracts and agreements. Large employers such as Vancouver General Hospital and several trucking companies have also been very cooperative. Some of the most restrictive requirements for trucks have been undertaken by UBC through strict clauses on trucking behaviour, hours of operation and routes, combined with significant financial penalties. Both the Police and staff have noted a consistent decline in truck infractions and complaints related to these agencies.

DISCUSSION

The present city approach of focussing on the companies or sites has resulted in a marked decline in truck complaints and instances of overloading and other unsafe behaviours. An additional benefit is that quantitative many truck drivers are more accepting of this enforcement approach. While qualitative measures are difficult to obtain, staff have noted a consistent decline in engine brake use, trucks off truck routes, and a significant decline in overloaded vehicles. Yearly provincial inspections of trucks in Vancouver have also shown a very low number of vehicles that fail inspections, in comparison with other Municipalities and other areas of the Province.

A recurring theme staff and police hear from the Industry is a desire for a clear set of rules for all Companies. This allows Companies to bid, allowing for higher safety standards without concerns that others can underbid them based on safety shortcuts. This consistency also allows staff and the police to rapidly identify companies that are operating in an unsafe manner.

Despite these successes, concerns still exist in a number of areas:

Overloading: Overloading can allow significant savings on the cost of trucking. In terms of safety, a 3 tonne overload is very noticeable to a driver while 5 tonnes seriously reduces the handling of the vehicle. Overloading also increases wear and tear on the road system as a 10% increase in load can result in a 100% increase in road damage. In many cases drivers are generally unable to refuse a load for fear of not being employed again.

The overload fines are generally paid by the companies doing the hauling or excavation as they are directly responsible for loading the vehicle, although the by-law at present holds the driver responsible. Occasionally companies refuse to pay fines and force a driver to pay, which can result in drivers using various measures to avoid police detection.

Load Securing: A load-securing by-law was implemented in January 2003, after allowing a suitable period of time to allow the industry to prepare their vehicles. This by-law requires that all loads containing dirt, gravel, rock and other loose material be securely covered, and expanded an existing by-law that required waste material and sawdust to be covered. Compliance with this by-law has been very high for the majority of the industry; however the covering of waste containers and end dumps (semi trailer dump trucks) that carry building debris or other material remains problematic. These loads are of particular concern as the loads comprise a wide range of material, some of which can easily be dislodged or picked up by the wind. These items then pose a serious hazard to pedestrians and other road users. This low compliance is partly due to the vehicles being difficult to cover, a relatively low fine and a large number of smaller companies working in this sector. Larger companies have been more cooperative and have noticeable higher levels of compliance.

Staff and police propose to deal with these issues through changes to the Street and Traffic By-law, supplemented by education programs and continuing to work with companies and drivers. These changes will not adversely affect the majority of companies or truck drivers who have legal loads and will in fact assist companies and drivers with a more safety conscious approach.

Proposed By-law Changes: It is proposed to amend the Street and Traffic By-law to make it possible to direct overload tickets to a company or individual loading a vehicle. This would place responsibility on those actually causing a vehicle to be overloaded. In addition, fines would be adjusted to better reflect actual risk and road damage. Current fines are $100 plus $10 per 100 kg over the load limit. It is proposed to increase the fines to $20 per 100 kg from 3 to 5 tonnes and $50 per 100 kg above 5 tonnes. Staff will also make some very minor changes to the by-law to make it more consistent with the Commercial Transport Act.

Staff also propose to increase fines for the insecure loads that pose a higher risk to the public. At present the fine is $100 regardless of load or load size. Staff propose a $100 additional fine for any untarped load of waste material and a $100 additional fine for any untarped load in excess of 30 feet (10m) in length.

These fine changes would target loads that are unsafe and would provide a significant deterrent to overloading vehicles and driving with uncovered loads.

Waste Containers, Storage Containers and Construction Trailers

City by-laws currently require any object on a city street to be adequately marked to ensure the object is visible. The Building By-law also requires containers to be marked with a flashing light while at a Building site. Staff and police, however, have become concerned about a growing number of waste and storage containers that are a dark colour or poorly marked and difficult to see at night or in dull light conditions. This creates a hazard to vehicles due to the bulk of these containers, as well as to cyclists who may have to swerve around the bin. The bins and containers also present visibility problems when placed too close to corners, driveways and lanes due to their size. Staff have required many to be moved and/or marked with delineators and flashing barricades.

In order to address this issue more comprehensively, staff propose a more prescriptive requirement in the Street and Traffic By-law that sets a standard for marking and locating containers and trailers. The marking standard is based on existing Federal and Provincial standards for marking vehicle trailers that requires use of highly reflective red and white tape across the back of the trailer and along the sides. The City requirement would also include an extra vertical strip of tape to mark the rear and front edges of the container, the section most likely to be hit. This would significantly increase the visibility of these containers in all conditions. An option of a set of delineators and flashing barricade would be accepted to allow companies time to add reflectors, or to allow for companies that do not regularly service Vancouver.

Staff are also simplifying the permitting process for these containers to encourage residents and businesses to obtain a permit. The initial staff focus will be on poorly marked containers which will be required to obtain a permit and mark the container safely. Construction trailers would also be included as the impact is similar to a container.

Failure to meet these requirements will result in the container or trailer being impounded.

Illegal or Unsafe Street Use

Related to the trucking and container issue is the use of street space for construction activities. Use of street space requires a permit from the City, however, some companies just simply set up in the roadway without informing the City. These closures have often been done such that pedestrians, cyclists and the driving public have been placed at risk. Getting a permit from the City ensures that the Company is aware of City requirements and any special circumstances they must allow for such as a bikeway. Although a fee can be charged as a deterrent as part of the building permit process, the application is restricted to actual loading and unloading of materials. Staff are proposing that the Street and Traffic By-law be altered to expand the fee application to any activity affecting traffic (including pedestrians and cyclists) due to a construction site.

Staff also propose to set a fine of $1,000 for street, path or sidewalk use undertaken without a permit. Although staff can fine a company, this must be done as a special prosecution with a magistrate setting the fine amount. Setting a predetermined fine would simplify the process and give a company the option to pay the fine rather than go through the court process.

These changes would encourage more cooperation with the City and help ensure activities on the street are undertaken in a safe and appropriate manner. This change would again help provide a more level playing field for companies and support the many companies who undertake work safely in consultation with city staff, and help improve pedestrian, cyclist and motorist safety at building and construction sites.

Additional Measures

A number of additional measures have been implemented or are being implemented by staff and the police to assist with trucking and construction safety related issues:

Police Enforcement: As part of this new approach, the Police Commercial Vehicle Unit have been adopting a number of new tactics to improve enforcement such as using a variety of unmarked cars, altered hours, partnering with Provincial truck inspectors and maintaining constant contact with city staff. The police have also been working more closely with the trucking community and various companies using trucks. The police are also training all of their traffic officers in truck inspection procedures.

Coordinated Enforcement: City staff and the police have been partnering in many instances to deal with trucking and construction concerns. Staff, in addition, have used a wide variety of resources such as permits and licences staff and parking enforcement staff to deal with trucking and construction complaints and where possible dealing with the actual cause of the behaviours.

New Truck Brochure: A new truck brochure has now been printed containing an updated truck route map and relevant truck by-laws. The by-law information is provided in a simplified format to allow easier understanding while the map has been simplified to allow drivers to better negotiate the city. A Punjabi version has also been printed to assist the large number of Indo-Canadian truck drivers in the industry.

Weigh Scale Access: Staff and the police have been working on securing access to various certified truck scales within the city in order to allow police enforcement of truck weights. Although portable scales can be used, these are difficult to deploy, labour intensive and easier to challenge in court. The use of fixed location scales allow officers to patrol and direct a truck or group of trucks to the scale for weighing. Traditionally two private scales have been used to great effect by the police, although access to those scales is becoming problematic.

One private scale is gradually being supplemented by a City scale available 24 hours a day near SE Marine Drive. Another private scale is still available near Terminal Avenue although future access to this scale is very uncertain. Staff are working on options to this scale which may include leasing and placement of a scale on City-owned property.

Building Sites: New workplace procedures are being developed between engineering staff and the Chief Building Official’s staff that have the power to issue a stop work order should a site breach the Building By-law. It is planned to authorize engineering staff to, in effect, act for the Chief Building Official on issues relating to city right of way and public safety. This change will allow faster resolution of safety concerns and allow engineering staff to take immediate action on a site that is a serious risk to the public.

Staff will also report to Council in the near future regarding some changes to the Building Bylaw that will also help to improve the safety of trucking and street impacts relating to building sites. These changes, however, need to go through a specific consultation process with the development and construction industry before presentation to Council.

Construction Activities on the Street: Staff now hold start-up meetings with contractors and developers to explain safety requirements and to address any local issues. Related to this is a new process being developed to require companies to inform staff of when work actually begins to allow staff to address issues up front. Experience to date has shown that a meeting to indicate city requirements, by-laws, neighbourhood concerns etc. is very effective in reducing problems at a site or project.

Public Consultation

Staff have developed many of these proposed changes over a period of time and discussed these changes with vehicle operators, truck companies and some building companies. The general consensus has been support for the changes as they will improve safety and decrease the liability the companies are exposed to.

Staff also discussed the proposed container marking standards with the BC Trucking Association and the former Waste Management Association. Both Association’s understood why the standards are needed but would prefer a regional focus as well as wording to hold the person obtaining a bin responsible for the permit. Staff have discussed this proposal with the Truck Enforcement Subcommittee and the Major Road Advisory Committee of TransLink, for review and possible adoption by other municipalities.

Downtown Transportation Plan

On July 9, 2002, Council unanimously approved the Downtown Transportation Plan. The Plan included various changes to Downtown truck routes which, in turn, required an amendment to the Street and Traffic By-law. However, the Greater Vancouver Transportation Authority Act also requires GVTA approval for truck route changes. The GVTA granted such approval on October 9, 2003, and the truck route changes were implemented at that time. A specific resolution from Council is required to finalize this change (see Recommendation E).

CONCLUSION

Engineering Services, the Vancouver Police Department and the Chief Building Official have been working together to improve the safety and operation of truck traffic and construction site set-up in the City. The program uses a combination of education, working with employers and building sites, new by-laws and more focussed enforcement. Although achieving success, a number of additional changes to the Street and Traffic By-law are recommended to further improve the effectiveness of this program.

These changes will provide a broader suite of proactive requirements, as well as more appropriate penalty clauses to improve safety in the City. The impacts of these by-laws are expected to be minimal for the majority of companies and will greatly assist companies trying to set higher standards of safety for street and building related activities.

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APPENDIX A

PROPOSED AMENDMENTS TO STREET AND TRAFFIC BY-LAW
RE Prohibition on Excess Vehicles Weight

1. Amend section 3 to add the following definition:

“Drive” means to drive, operate, propel, or otherwise control a vehicle.

2. Repeal section 90(1), and substitute the following:

Definitions

Insert the following:

“Axle” means a structure in the same or approximately the same transverse plane supported by wheels and on or with which such wheels revolve.

“Axle Unit” means a single axle, a tandem axle, a tridem axle or a similar group of axles.

Schedule A
Replace “axle group” and “group of axles” with “axle unit”


APPENDIX B

PROPOSED AMENDMENTS TO STREET AND TRAFFIC BY-LAW
RE Fines for Insecure Loads

Add the following to section 103:

PROPOSED AMENDMENTS TO STREET AND TRAFFIC BY-LAW
Re Temporary Parking / Use of the Street

1. Amend Section 30 (1) to replace “parking privileges” with “parking regulations”

2. Amend section 30 (7) (c) to remove “for the purpose of off-loading of building material or construction equipment” and insert;

30 (7) (c) for each occupancy between the roadway and adjacent site where any portion
of the street so occupied:

a fee of $617 for each period of 12 hours or part thereof, of occupancy

3. Insert new penal clause

103.(8)
Every person who commits an offence against the provisions of subsection (2) of section 30 of this bylaw is liable to a fine and penalty not exceeding $1,000.


APPENDIX D

PROPOSED AMENDMENTS TO STREET AND TRAFFIC BY-LAW
RE Waste and Storage Containers

1. Amend section 3 to add the following definition:

2. Add the following as section 65B:

                    CONTAINERS

                    (2) With respect to a container referred to in subsection (1), a person referred to in subsection (1) must:

(d) as an alternative to subsection (2)(d), place and maintain at least four Workers’ Compensation Board approved traffic delineators or cones and one Workers’ Compensation Board approved Type A reflective barricade, or equivalent devices satisfactory to the City Engineer, in positions that make the container visible to any approaching driver or cyclist.

(3) As an alternative to subsection (2)(c), (d), and (e), a person who places a container in a closed section of street must comply with the Ministry of Transportation Traffic Control Manual for Work on roadways.


APPENDIX E

PROPOSED AMENDMENTS TO BUILDING BY-LAW
RE Truck Route Changes

1. Replace Section 90A with the following:

    “90A. Downtown, but not including the area:

between the hours of 7:00 a.m. and 6:00 p.m., a combination of vehicles over 15.25 metres in length may only travel on a designated “Truck Route” as set out in Schedule B.”


Replace Schedule B with the following:

SCHEDULE B

All streets in and bordering on any industrial district under the Zoning and Development By-law, except Granville Bridge.