Freight Carriers Association / North American Transportation Council
December 1996
In the aftermath of deregulation and the "undercharge crisis" two shipper groups, The Transportation Consumer Protection Council (TCPC) and the National Small Shipments Traffic Conference (NASSTRAC) have taken it upon themselves to develop new shipper bills of lading (bol). Both groups' primary concerns and reasons for developing a bol center around two issues; liability and the susceptibility of shippers to "hidden charges" through reference to tariffs in carrier bols.
In response to the presence of these bills of lading in the marketplace NFTB's General Rate Committee and FCA's Tariff Advisory Committee have recommended the publication of a rule to address the issue. The rule provides that the contract terms and conditions of the carrier's BOL are applicable unless otherwise agreed to in writing. It further stipulates that the signature of a carrier's driver on a shipper bol only acknowledges receipt of the freight and is not a contract for carriage of the freight.
The rule is published in NFB Tariff 172 Item 360-06 and in FCA Tariff 100 Item 145. As always, the FCA rule requires carriers to request participation in the Item in order for it to apply for their account.
The federal and provincial Deputy Ministers of Transport have recently launched a series of initiatives, collectively known as Road Safety 2001", in pursuit of a safe Canadian Highway system.
The initiative includes:
· A national inventory of road safety programs and information which will be readily accessible to all interested stakeholders by means of the internet, E-mail or toll free telephone.
· A database of persons and agencies with expertise or an interest in road safety.
Individuals and agencies willing to be included in the database will regularly receive information from Transport Canada and others. The database will be accessible to all users, free of charge, to support improved information exchange and to help guide users to specific interests or expertise.
If you are interested in participating in the database you can contact Ken Leising at the FCA/NFB office for a survey form or you can contact Transport Canada, David John (613998-1970) or Derek Sweet (613-998-1990).
Effective November 15, 1996 the deregulation of some intra provincial truck services in Saskatchewan took place. This constitutes the first step in the phase-in approach to meeting the deadline of January 1, 1998 to eliminate all restrictions and trade barriers in intra provincial truck transportation as mandated by the federal- provincial Agreement on Internal Trade.
Geographic restrictions have been removed allowing merchandise carriers to serve the entire province. These carriers were previously restricted to specific routes under their operating authorities issued by the Highway Traffic Board. As part of this process existing AG classes will be terminated December 31, 1997.
Government regulation of freight rates for general merchandise carriers has also discontinued. The Highway Traffic Board is monitoring this change to ensure that adequate, competitive services are available. Until 1998 the Board retains the authority to prescribe a maximum rate, if deemed necessary.
DRIVER FATIGUE AND ALERTNESS HANDBOOK
Operator fatigue has long been recognized as a key safety issue in all transportation modes - road, rail, air and marine. Fatigue in the trucking industry is now receiving increased attention from researchers and regulators, due to the inability of traditional methods of regulation to adequately address the safety impacts of fatigue in commercial drivers.
In April 1996, a working group of carriers and trucking association staff from across Canada was formed to launch a fatigue countermeasures program under the banner "Project Alert". Chaired by John Stollery of TNT, the main functions of the group are to steer the development and implementation of fatigue countermeasures and an outreach campaign across the country to raise the awareness among those involved with the trucking industry on the issue of fatigue and alertness.
As a first step in the project, CTA has produced Straight Talk on Fatigue and Alertness, a plain language guide for drivers, safety personnel and managers that explains how to recognize the symptoms of fatigue and provides useful advice for helping to manage it. The guide explains why certain physical differences among drivers, their working environment, the time of day and the quantity and quality of their sleep can put them at a higher risk of becoming fatigued. a risk factor table is included to help drivers understand and evaluate the conditions which may make them more susceptible to fatigue. The booklet also provides lifestyle tips and suggestions drivers can follow at home and in the truck cab in order to combat fatigue and stay alert.
Additional material, including an audiocassette for use by drivers in the cab, entitled Awake Break, is also available. Following the "straight talk" format, the cassette will include a variety of discussion and interview segments with drivers, carriers and fatigue/sleep experts.
Straight Talk on Fatigue and Alertness is available from provincial trucking associations across the country. (Also available in French as Plain feux sur la fatigue et la vigilance).
By Federal Register notice published November 26, 1996, the Surface Transportation Board has requested public comment regarding the 180-day time limit for filing overcharge/undercharge claims. The National Association of Freight Transportation Consultants, Inc. (NAFTC) requested the STB to reconsider the decision it rendered in Carolina Traffic Services of Gastonia, Inc.-Petition for Declaratory Order, STB No. 41689 (June 7, 1996). More specifically, the NAFTC, by a petition filed June 4, 1996, requests the STB to reconsider its determination that the 180-day rule requires shippers to file overcharge claims within 180 days as a condition precedent to contesting these claims in court.
NAFTC, TCPC and others have also requested a finding that the scope of the 180-day rule is much more limited than the STB's decision would indicate. Moreover, they contend:
1) that the 180-day rule applies only to limit the amount of time in which a shipper has to bring an overcharge claim to the STB for resolution; or
2) that the deadline applies only to substantive disputes regarding the reasonableness of rates and not to clerical errors.
Finally, TCPC requests the STB to reconsider its Carolina decision based on the argument that other provisions of the law allow a shipper to bring an overcharge claim within an 18 month period and not 180 days.
The RCCC has filed comments supporting the STB's Carolina decision and responding to the comments of NAFTC and others. And, in accordance with the directive at its November meetings in Arlington, VA, NMFTA has prepared detailed comments also generally supporting the STB's Carolina decision, with the notable exception of the STB's advice that carriers may elect to waive the 180-day rule for certain customers on a selective basis.
The STB's schedule calls for comments by opponents of the NAFTC's position to be filed by December 26, 1996. NMFTA will file on or before that date. NAFTC and its supporters have the opportunity to file reply comments on or before January 10, 1997.