Transport Committee on Nov. 4th, 2014

[Isabelle Morin, NDP, Notre-Dame-de-Grâce—Lachine, QC]

Thank you very much, Mr. Chair.

Earlier today, we talked about drivers using cell phones, and I was wondering what measures were being taken in that regard. Even though solid directives are provided, and training is available, we still see a lot of people on the road sending text messages, even though they would lose a huge number of demerit points and face significant fines if they were stopped by the police. That's why Quebec, for one, has just strengthened its laws on texting and driving.

How do you encourage your drivers not to use their cell phone behind the wheel? Have you prohibited the use of cell phones?

My question is for anyone who wants to answer it?

[Jean-Marc Picard]

Today, many companies have a zero tolerance policy when it comes to this.

[Grant Mitchell]

It's hard to tell. In our case, we have a very widespread campaign to educate our drivers not only in the regulations but more so in terms of, “Here are the reasons why, and here's what can happen”. There's a very nice video that we've used a lot called “The Last Text”. It's of real live witnesses who have been impacted by an accident due to distracted driving. We use that as an educational tool.

We not only educate our drivers but we educate their families as well. Typically, when you look at family values, it's the son or daughter, or the spouse saying, “Yes, be safe. Be careful. Come home safe to us each and every day”. We educate our drivers, our employees, as well as their families, and we've seen a positive impact.

In terms of the use of cellphones, texting, or using electronic devices while driving, we have a zero tolerance policy. We call it a life saving rule. If a driver or any of our employees, ourselves included, does that when travelling for company business, there's zero tolerance. Our progressive discipline is very stringent.

[Isabelle Morin, NDP, Notre-Dame-de-Grâce—Lachine, QC]

Mr. Picard, go ahead.

[Jean-Marc Picard]

I was about to say the same thing that was just mentioned. Many companies have a zero tolerance policy. People have to follow the rules or find another job. I think this has become the standard. Of course, there is always room for improvement. However, I think that companies have taken the initiative to adopt the right policies for their employees.

[Isabelle Morin, NDP, Notre-Dame-de-Grâce—Lachine, QC]

Thank you.

There is another issue we have still not discussed in committee.

One of the conclusions of a report recently published in the United Kingdom has to do with truck design, which leads to overly wide blind spots. Have you heard about this report and its conclusions concerning blind spots and truck design? How can the situation be improved?

Earlier, you talked about road sharing. We know that accidents have occurred. What could be done to improve the situation?

[Jean-Marc Picard]

Our association continues to educate its members and the general public on the dangers of blind spots. What needs to be understood is that, if someone cannot see themselves in a vehicle mirror, the vehicle's driver will not be able to see them, either.

Over the years, we have conducted various campaigns to educate people on blind spots. Unfortunately, we cannot reach all Canadians, or educate everyone individually. Our association continues to conduct awareness-raising campaigns, but the companies themselves must also educate their employees and all Canadians. This may be something that is difficult to understand for the general public. Anyone who wants to obtain their class 5 driver's licence should have covered a truck's blind spots in their training program.

[Isabelle Morin, NDP, Notre-Dame-de-Grâce—Lachine, QC]

Is that not currently covered?

[Jean-Marc Picard]

I don't know whether this is included in the training.

[Isabelle Morin, NDP, Notre-Dame-de-Grâce—Lachine, QC]

Does anyone know whether it is included?

[Jean-Marc Picard]

I cannot say. I have had my licence for too long.

[Isabelle Morin, NDP, Notre-Dame-de-Grâce—Lachine, QC]

This is something we have to check.

Thank you, Mr. Chair. I have no further questions.

[Grant Mitchell]

We're not aware of any regulation that would cover this, but we train our drivers in defensive driving using what we call our Smith principles. It our drivers to be very aware of their surroundings, including those blind spots.

[The Chair, Conservative, Larry Miller]

Mr. McGuinty, for five minutes.

[David McGuinty, Liberal, Ottawa South, ON]

Gentlemen, last week on Thursday, I and other members asked David Bradley, the president of the Canadian Trucking Alliance, about liability and some practical problems that apply to the trucking safety area. I'm going to read back two quotes from David Bradley to get your reactions to them, because I think they touch each of your mandates. Here's the first thing he said:

The concern that we have is that some shippers will try to protect themselves through freight contracts by saying that even where it's perhaps not the trucking company who is at fault, let's say there was improper documentation, improper loading, where the shipper was responsible, that sort of thing, that they try to put a sign up saying, “We're not liable even if we were negligent”.

He made a second similar comment:

...we need legislation [in Canada] which says that shippers cannot introduce freight contracts that hold themselves harmless where they are negligent. That's what we need.

Is that what we need?

[Richard Warnock]

Mr. Chair, perhaps I can make a comment on that. For sure that's what we need. The shipping contracts out there are... [Technical difficulty--Editor] to protect. There's just no way they should be out to have an indemnity clause in there that says they are not liable or anything...[Technical difficulty--Editor] driver, trucking company has to hold the burden for anything through negligence. They cannot be...[Technical difficulty--Editor] so they cannot write those into their...[Technical difficulty--Editor].

[David McGuinty, Liberal, Ottawa South, ON]

So let me ask this, is there anything under law or regulation that compels trucking companies to have to sign those contracts and abide by that clause?

We've lost everybody [Technical difficulty--Editor].

[Jean-Marc Picard]

No, there's nothing that applies. Some carriers are desperate for the business. They'll just sign them and hope for the best. That's why we need to do something about having those indemnification clauses in those contracts. They shouldn't be allowed. The shippers shouldn't be allowed to impose this on our industry, because eventually if they go down the list, the carrier will say no, I won't sign it, I won't move your product, but someone else will do so down the list, right? That is what hurts us.

[David McGuinty, Liberal, Ottawa South, ON]

So nobody in the industry, to your knowledge, for example, in an Atlantic setting is of a sufficient size in the marketplace to say simply we're not [Inaudible--Editor] that risk?

[Jean-Marc Picard]

Some of them have said no.

[David McGuinty, Liberal, Ottawa South, ON]

And what's happened? Have they simply lost the business?

[Jean-Marc Picard]

That's right. Some of them can afford to say no and others, as I said, just can't.

[David McGuinty, Liberal, Ottawa South, ON]

Okay.

Is everyone back, Mr. Chair?

[The Chair, Conservative, Larry Miller]

You have about a minute left.

[David McGuinty, Liberal, Ottawa South, ON]

Great, maybe the other gentlemen on screen can give us their thoughts about whether or not we need to prohibit these kinds of clauses in contracts. Because we just heard from Monsieur Picard that what happens in the industry is that if a player says no, we won't abide by that, then the shipper moves on and finds somebody else who will. Is that right?