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echo: askacop
to: RICH GRIEBEL
from: DAVE SMITH
date: 1998-01-28 18:41:00
subject: Impoundment

I just had my second training session on commercial vehicle impoundment
today. I don't know if you have heard any rumors about it out there, but it
is a go.  There were legislative changes made to the Highway Traffic Act
and some regulations to define "critical defects". I won't bore you with
all the details, but what they boil down to are a number of serious defects
that go far beyond CVSA O/O/S defects, like brake defects in more than 50%
of the brakes, more tire wear than tolerated by CVSA and on 4 different tires
and similar signs of long term neglect.
All our field staff have been trained an certified in impoundment procedures.
Ten truck inspection stations have been designated as impoundment inspection
locations. They will be operated 24 hours a day, seven days per week. We have
just hired 80 new people who will be given a crash training course, and there
are a number of supervisors hired (we currently work as a self directed work
team)
If a vehicle is inspected and places O/O/S with  "critical defect(s)" a
second certified officer will inspect it and verify the defects. A request
for impoundment is then filled out identifying the vehicle, the operator
and the critical defect(s). The registrar or designate will then approve
or reject the impoundment and fax it back to the officer at the TIS.
Once the officer receives the faxed impoundment notice, it is served on the
driver and/or faxed to the owner. The vehicle must then be unloaded and they
must effect sufficient repairs that it can then be transported to a secure
impoundment site. The first impoundment will be 15 days and a record is kept
on each vehicle. A subsequent impoundment within two years will be 30 days
and the next on 60.
There is a ton of paperwork every step of the way, the request, service,
offloading, transport to impound, release.
There is an appeal process. Once the vehicle is in the impound yard, the
owner may appeal and post a bond. If the appeal is rejected, the owner
has 14 days to return the unit to the impound yard.
The owners will be responsible for all the costs of off loading, transport,
storage etc. In addition to those costs, they are going to be charged for
operating unsafe equipment. Best of all, the amendments deem those defects
defined in the regs as critical defects to constitute an unsafe vehicle.
Fines range to a maximum $20,000.
The program starts in February. There will be an educational period for one
month. Then enforcement will be phased in and is expected to be fully
implemented by mid March.
What do you think? It sounds pretty draconian to me, and I am sure some
lawyers will make a bundle on it. But the message is pretty clear. If
people are going to run crappy equipment on public highways, it is not going
to be worth the risk.
Impoundment can only be done at those specified sites for the time being. It
may be expanded across the province in the future. As it stands now, a
vehicle in my area can meet or exceed those criteria and there is no way
to impound it.
... Backup not found: (A)bort (R)etry (S)lap nearest innocent bystander.
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* Origin: The Hunting Field - Welland, Ont. (905)735-9081 (1:247/600.0)

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