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HomeMy WebLinkAboutThe Citizen, 1988-05-18, Page 5BY TOBY RAINEY Local truckers are apprehensive about the impact that a welter of new federal and provincial rules and regulations will have on their industry, and many are fearful that the next few years could mean the end of their chosen way of life. “If (the new rules) are totally implemented as proposed, this operation may very well cease to exist.” says Ted Weishar, presi­ dent of Hyndman Transport 1972 Limited of Wroxeter, one of the largest carriers in the area. If he’s right, the impact would devastate a large part of the local economy: 75 people collect pay- checks from Hyndmair Transport on a regular basis, while another 25 or so work part-time. Many of the company’s owner-operators are from the Brussels, Wingham, Teeswater and Goderich areas, while others hail from Walkerton, Hanover, Chesley, Paisley and PortElgin, which means that 75 families do most of their shopping locally, as well as benefiting their communities in a number of other ways. Another local trucker told The Citizen that few full-time drivers take home less than $30,000 to $45,000 a year, adding “That’s darn good money around here.” Hyndman Transport purchased $1.2 million dollars worth of fuel in Brussels alone last year, Mr. Weishar said, while at least 75 per cent of the Wroxeter branch of the Canadian Imperial Bank of Com­ merce’s business is a direct result of Hyndman Transport’s location just outside the village. The feeling of most is that the new federal regulations for the transport industry, in conjunction with the proposed deregulation of the industry, will spell the end of many smaller trucking companies across Canada, as well as making it virtually impossible for indepen­ dent owner-operators to continue to operate as more and more firms compete for less and less of the market. “Nobody seems to know for sure what deregulation of the trucking industry - or re-regulation, as the government likes to call it, is supposed to do for us,’’ Mr. Weishar continued. “But they’ve had it for a number of years in the US, and they’re finding it’s not working out in a lot of ways there. ’ ’ Bill 88 is an underpublicized piece of proposed legislation first introduced to the Ontario Legisla­ ture lastDecember by the Minister of Transport, Ed Fulton. Its purpose is to provide the enforcing mechanism for the provisions of the new 1987 Motor Vehicle Transport Act which was given assent by the federal government late last August. Bill 88 now awaits second reading at Queen’s Park. The bill’s aim, say its support­ ers, is to enhance competition which will in turn lead to lower prices and better service for Canadian consumers. But Mr. Weishar, in agreement with the Ontario Trucking Association, says the actual reality of deregula­ tion is much different. Regulation ofthe trucking in­ dustry, he explains, was first introduced to Canada and the US in the late 1940’s, and part of the mandate was to limit entry into the business so that each operation could make a reasonable profit, while in return the industry had to guarantee service to less profitable areas of the country, which took in vast stretches of both nations. Nobody wanted to operate in an unprofitable area, he went on, but they had to provide the service which was part of the overall authority. But when deregulation was introduced in the US, all the big trucking companies dropped any route that wasn’t making them big money, leaving those for the smaller companies which also swarmed into the market under deregulation. However, by virtue of the fact that the routes WEREN’T profit­ able, Mr. Weishar said, few of the Hyndman Transport President Ted Weishar has been leading the fight to gain exemptions from the tough new Hours of Work legislation proposed for the industry under new federal-provincial safety guidelines for some truckers, notably long-distance livestock haulers. Some exemptions have been promised, he says. smaller companies were able to survive, and he says he can see the same thing happening in Ontario when the new regulations go into effect. “Deregulation will certainly put more players into the (Canadian) market, butnoneofthemwillbe abletosurvive,’’ heconcluded. “Goods are now being moved at whatlfeelarefairrates, butthe rates can ’ t go much lower than they are now, or none of us will be able to hang in.” Dan Bailey, owner and operator of Maitland Valley Trucking of Blyth, who has been in the trucking business for 14 years and now runs three company-owned transports and two owner-operator units as brokers, doesn’t agree. ‘ ‘The only guys that say deregu­ lation will kill the industry are the guys who’ve been in business for a long time, or who have inherited their license,” he says. “Deregu­ lation to me is a beautiful thing; it’s the only way I’ll ever be able to get my PCV (Public Commercial Vehi­ cle) license, which is the only way I’ll ever be able to expand.” Getting a PCV license, which would allow him to haul a much wider variety of goods than the handful of “exempt” commodi­ ties, mostly logs, that his present license allows, is like getting a milk quota, Mr. Bailey explains. It costs so much to get in that most guys can’t do it, he says, and every new application has been vigorously opposed by those already in the business, up to now. “Now the only way they can refuse me a license is to prove I’m unfit and I’ve got no worries there. My record is as clean as a whistle, ” he says. As for dealing with the competi­ tion, neither Dan Bailey nor his wife and dispatcher, Linda, feel it will be a problem for the company. “We don't operate on price, we operate on service, and they can’t beat us there.” But regardless of how the truckers feel about the future under deregulation, they all agree that the rules of the business are going to get a lot tougher on everybody in the near future, and that the only way to survive will be togetthe entire industry to pull together. Explaining the new rules to truckers and managers was the reason that Blyth’s Radford Group, a corporation that embrac­ es several branches of the trucking and service industry, as well as construction, called a meeting at the Blyth Hotel on May 11 that attracted more than 80 industry representatives. The timing was critical, accord­ ing to Radford’s Doug Scrimgeour, who organized and chaired the meeting, because the new regula­ tions that will govern the industry into the foreseeable future have been in effect since last January, and will likely be enforced by the Ministry of Transportation and Communication as of July 1. Originally supposed to be enfor­ ced as of May 1, the date was delayed to July 1 largely because of the outcry that has arisen through­ out the industry, partly because so few fully understand what is happening, while even some MTC enforcers seem confused as to exactly what their role will be in some areas. “If I don’t know the answers to your questions, I’ll certainly find out and get back to you,’’ the meeting’s keynote speaker Adam Alderson, Area Enforcement Offi­ cer with the Clinton MTC office, told the truckers in Blyth. Part of the confusion comes from the tangle of federal and provincial regulations that are contained in more than 60 pages of the two federal acts and three provincial bills that will likely become the trucking industry’s terms of refer­ ence. It’s even harder for truckers to predict with any certainty what will happen to them a few months down the road, as even interpro­ vincial truckers operate under provincial jurisdiction, which could mean different rules will govern the industry in every province, with each province hav­ ing the right to enforce its own. The federal government has been pushing the provinces to adopt common licensing and safety standards so that truckers can operate across the country with a minimum of red tape, but so far the provinces have not even been able to agree on a common date for implementation of the new code. Provincial regulations and li­ cense requirements used to be so varied that former federal trans­ port minister Jean-Luc Pepin said in 1981 that it was easier to drive a truck through the European Eco­ nomic Community (EEC) than across Canada. “We hope it is getting better ... but we’ll still be working on it for the next five years,’’ said John Pringle, a Transport Department official who has led federal attempts to gain provincial agree­ ment on trucking deregulation, in an interview with the industry magazine Truck World last Febru­ ary. “The involvement of so many government departments makes deregulation of trucking harder to complete, he said, adding that “we’ll justhavetowaitand see how the rules are applied.” A key component of trucking deregulation is a national safety code for truck drivers and their equipment, which was to have been in place last February but now won’t be fully operational until at least year’s end, officials say. And a key part of the new safety Blyth trucker Dan Bailey, centre, along with his wife Linda and driver Bruce Richmond don’t agree that deregulation will be all bad for the trucking industry in Canada. “It’s the only way I’ll be able to get the license I need to expand,” he said. code for Ontario truckers will be the implementation ofthe Com­ mercial Vehicle Operators’ Regi­ stration System, or CVOR as it is commonly called. The MTC’s interpretation of the new code took up the lion’s share of the Blyth meeting last week, and it was obvious that many of those present were apprehensive. “This CVOR, fellas, as I see it, is so severe that unless we all get working together to comply, there’s people in this room tonight that will be out of business by this time next year,” Mr. Scrimgeour said. More than 340 Ontario carriers have already received warnings from the ministry under CVOR, and more than 90 have been called in to explain their record, although officially little can be done beyond that point, since the system is not yet operational. You can’t revoke a license that hasn’t been issued. The CVOR computer lists more than 30,000 convictions of Ontario truckers since it was first set up in the fall of 1986, and each conviction carries a point value, much as does the demerit system governing Ontario driver’s licenses. As the points add up, the ministry takes more and more interest in the truckers and companies that col­ lect them. The point limit varies with the size of the fleet, varying from a limit of 10 points for a carrier with one truck to a total of 43 points for a carrier with a fleet of 47 trucks, but at some point the carrier will get a letter telling him that the ministry is watching. The letter comes with a tran­ script of the carrier’s record, and it warns hirn that if he keeps racking up convictions, he will have to Continued on page 6