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.
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