Trans-Talk

The Province of Quebec has become the first North American jurisdiction to pass legislation requiring commercial trucks to be fitted with engine governors that limit their top speed to 105 km/hr (65 mph). Bill 42, An Act to amend the Highway Safety Code and the Regulation respecting demerit points, was passed this week before the National Assembly rose for the Christmas holiday.

Besides the speed limiter provision for heavy trucks, the legislation also concerns speeding, drinking and driving, photo radar and remote traffic cameras, graduated licensing, and the use of telephones at the wheel.

The exact wording of the legislation (the official version is in French): “An operator may not allow a heavy vehicle to be driven unless the speed limiter with which the vehicle has been equipped is activated and set at a maximum speed of 105 km/h and is in proper working order.” In other words all trucks entering the province must engage the vehicle’s engine governor. (All heavy trucks made in North America since 1996 are fitted with the devices.) However, the government has said it won’t bring the amendment into force until another Canadian jurisdiction passes a similar law.

Ontario’s Liberal government had promised to introduce legislation requiring truck speed limiters following the October 2007 provincial election, which the Liberals won.

The Owner-Operators Business Association of Canada (OBAC) and the US-based Owner-Operator Independent Drivers Association (OOIDA), which claim more than 159,000 members, oppose speed limiter legislation, based on a perceived danger from the speed differential between trucks and private automobiles.

Industry associations representing major trucking companies, such as the BCTA (British Columbia Trucking Association), the OTA (Ontario Trucking Association) and the ATA (American Trucking Association) generally support the adoption of speed limiters.

Most of the other regulations under Quebec’s Bill 42 will come into force in 2008:

• vehicles must be fitted with snow tires from November 15 to April 15;
• in-vehicle cell phone use is disallowed unless the driver has “hands-free” technology;
• photo radar and traffic cameras will be tested in selected areas before the government decides on their permanent use;
• new drivers must take professional instruction to qualify for a licence;
• fines and penalties for drunk driving and speeding are stiffened.

(Sources: Quebec National Assembly, Bill 42 [in English]; Trans-Talk, Canada studies truck speed limiters; OBAC; OOIDA)

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