SUPPORTS ITEM NO. 3 T&T COMMITTEE AGENDA MARCH 11, 1997 ADMINISTRATIVE REPORT Date: February 6, 1997 Dept. File No. H123-12 CC File 113 TO: Standing Committee on Transportation and Traffic FROM: General Manager of Engineering Services SUBJECT: Revise Maximum Gross Weights and Fine Structure for Overweight Vehicles RECOMMENDATION A. THAT the Street and Traffic Bylaw No. 2849 be revised to make the axle spacing, weight limits and overweight fines of commercial vehicles consistent with the Commercial Transport Act. B. THAT the Director of Legal Services be requested to prepare the necessary by-law amendments to the Street and Traffic Bylaw. COUNCIL POLICY Council approves and amends changes to the Street and Traffic Bylaw to regulate all traffic movement within the City of Vancouver. BACKGROUND The current bylaws in the Street and Traffic Bylaw pertaining to the maximum gross weights and overweight fines of commercial vehicles were last revised in 1979 and 1980. The Commercial Transport Act, which is the provincial statute governing commercial vehicle size and weight, was updated in 1993 to reflect changes in commercial vehicles. This has created two different sets of regulations for commercial vehicles and the inconsistency has led to confusion for both the drivers of the commercial vehicles and the Commercial Vehicle Unit of the Vancouver Police Department who enforce commercial vehicle infractions. DISCUSSION Both the B.C. Trucking Association and the Commercial Vehicle Unit of the Vancouver Police Department have approached Engineering Services to update/revise the City of Vancouver's Street and Traffic Bylaw pertaining to commercial vehicle maximum gross weights, axle spacing and overweight fines. The two main issues which need to be resolved are: 1) Axle group spacing and maximum axle gross weight, and 2) Fine schedule for overweight vehicles. Commercial vehicle drivers are confused in Vancouver when they are stopped by the Commercial Vehicle Unit because the axle spacing and maximum allowable gross weight for their trucks comply with Commercial Transport Act but not necessarily with the Street and Traffic Bylaw. The maximum allowable gross weights for axle groups in general are lower in the Street and Traffic Bylaw. The Commercial Vehicle Unit of the Police Department is also having difficulty enforcing these regulations because the Street and Traffic Bylaw lists different maximum sizes and weights for commercial vehicles than the Commercial Transport Act. At the same time, the Act also has a higher penalty for overweight vehicles. According to the Commercial Vehicle Unit's enforcement experience, a majority of the violation tickets were written for heavy trucks under 28,000 kilograms and with an axle group spacing of less than 500 cm. Currently, fewer than 1% of all commercial vehicles entering the City of Vancouver have weights over 28,000 kilograms. Enforcement of overweight vehicles using the current Street and Traffic Bylaw also results in lower fines than those enforced under the Commercial Transport Act. For example, an overweight vehicle fined $250 under the schedule outlined in the Commercial Transport Act, would be fined only $117 by the City. The Commercial Vehicle Unit and even some commercial vehicle drivers have indicated that such a small fine is an insufficient deterrent to stop drivers from carrying loads over the limit. This has raised safety concerns as the number of commercial vehicles carrying overweight loads has been increasing steadily. Trucks are substantially responsible for the damage done to pavements (as are buses). This change will not alter that situation. However, ensuring consistency between the two schedules will make the enforcement tasks easier, and the higher fine schedule will help deter violations. CONCLUSION It is recommended that Part III of the Street and Traffic Bylaw pertaining to commercial vehicle weights and fines be made consistent with the provincial guidelines to make it easier to understand and enforce. Schedule A (weight categories and wheelbase) would be amended as per Appendix A, Section 103 (4) would be revised and Schedule C (current fine schedule) would be deleted. * * * *