Put The Brakes On Speed-Limiters
THE FIGHT CONTINUES
On January 1, 2009, speed-limiter legislation came into effect in Ontario and Quebec. The law applies to all trucks driven in these provinces, regardless of where they are licensed.
This legislation not about safer roads and cleaner air – it’s about votes for politicians on the one hand, and a competitive advantage and economic benefits for a number of Ontario and Quebec carriers on the other. Our arguments against government-mandated speed-limiters are solid and a number of Transport Canada studies confirm that many of our concerns are valid. See below for access to these studies and a wealth of background material.
CURRENT COURT CASES
There are a number of important cases currently before the courts, the most high profile being that of Lee Ingratta, who was charged with "failure to comply" when he agreed to have the EZ-TAP enforcement tool plugged into his ECM only if the officer signed a waiver taking responsibility for any future problems with Lee's engine. The judge originally dismissed the charge, and MTO appealed the decision. The Appeal Court ordered a new trial which took place March 5, 2012. Incredibly, the judge indicated that he will not hand down his decision until July 20, 2012!
Many drivers now carry a "waiver" to use if they do not wish to have this questionable tool plugged into their ECM. There is no prescribed form and individuals or fleets can draft their own waiver to suit their circumstances. Click here to see a copy of Lee's "speed-limiter consent form" which you can use as a guide to make your own.
HEAVY TRUCK SPEED-LIMITER REPORTS
Click here for links to the Transport Canada studies. They reveal safety risks, competitiveness concerns, and enforcement nightmares.
FOR OBAC’S COMMENTS on Bill 41 to Ontario’s Standing Committee on Justice Policy, June 2008, click here.
FOR OBAC’S COMMENTS to MTO on OTA’s proposal to mandate speed-limiters, January 2006, click here.
PRIVACY AND LIABILITY ISSUES
Speed-limiter enforcement allows inspectors unfettered access to engine data. Read Pandora’s ECM from Today’s Trucking to see what engine makers have to say.
Click here to read OBAC’s concerns in a letter to the ministries of transportation in Ontario and Quebec.
ONTARIO AUDITOR GENERAL’S REPORT
The AG’s report reveals how MTO’s inadequate facilities, slipshod monitoring, and outdated enforcement systems are compromising safety on Ontario’s roads. Click here for a copy of the report.
Get copies of OBAC’s press release and the Director’s Chair column and use them to make the public aware of these shocking results – it’s a very strong argument why MTO shouldn’t be squandering resources on speed-limiter enforcement.
CONTACT YOUR ELECTED REPRESENTATIVES
It is important that you contact lawmakers in both Ontario and Quebec to make your views known, especially in light of serious questions raised by the Transport Canada studies, the privacy issues, and the Ontario Auditor General’s report.
If you live in Ontario, find contact info for your MPP here.
If you live in Quebec, find contact info for your MNA here.
To find your federal MP using your postal code, click here.