Ontario’s senior truckers could legally challenge the requirement to be road tested once a year as of age 65 now that the Ministry of Labour is eliminating mandatory retirement, carriers learned during the Private Motor Truck Council’s annual general meeting and conference held recently in Niagara-on-the-Lake.

“The way the Ontario government is eliminating mandatory retirement may well open the way for a court challenge of mandatory annual testing once drivers turn 65,” said labour lawyer Christopher Andree, of the firm Crawford, Chondon & Andree LLP, during a breakfast speech to conference delegates.

Andree explained the Ontario Ministry of Labour eliminated mandatory retirement at 65 by introducing legislation (Bill 211) which simply alters a section of the Ontario Human Rights Code, which used to define age as “18 years or more and less than 65 years.”

The old definition of age made it easy for employers to get rid of under performing employees at 65 or older without having to prove cause. They could, in essence, legally discriminate against employees on the basis of age, because 65 year olds and older weren’t protected under the code.

The same code allowed the Ontario Ministry of Transportation to insist drivers aged 65 and over perform annual on-road tests to maintain their commercial licenses, even though drivers under 65 weren’t required to, a fact that has provoked much outcry among aging truck drivers.

But that’s all changed thanks to Bill 211, which eliminates the age cap of 65 in the Ontario Human Rights code. Subsection 10 (1) of the code now defines age as “18 years or more.”

Which means that anyone aged 65 or older is entitled to just as much protection as those under 65.

And which also means commercial drivers can challenge the MTO’s age-based requirement under Ontario’s own Human Rights Code, said Andree.

“It’s funny because if you look at the legislation it’s only about two pages long,” he said. “But it will have a huge effect in terms of challenges.”

With experienced drivers in constant demand, and insurance premiums high, the industry is far from reluctant to employ older drivers. (In fact, the average age of drivers is 45, according to the Canadian Trucking Human Resources Council.) But they have been discouraged from doing so, at times, because of the annual road test requirement, which in turn discouraged drivers from maintaining their commercial licenses.

For older drivers, especially part-time or occasional workers, annual road testing means renting or borrowing a truck for the day, during which they aren’t making any money themselves. Never mind the fear and/or humiliation of not passing a test being administered (possibly by someone with less experience than them or even no CDL at all) after years of accident free driving, and then being taken off the road immediately, pending a passing grade.

Indeed, older drivers have oft stated that they felt they were being unjustly discriminated against.

Now, thanks to the new labour law, senior truck drivers will be able to make their case in court.

Still the bill will only fully kick in one year after second and third readings and a vote in Parliament, followed by Royal Assent. (Since the House rose in June, it’s unlikely any of that will happen before this fall. And if passed as is, Bill 211 provides for yet another one-year transition period to allow workplaces to prepare for the change.)

Which gives opponents of the MTO’s age-based testing requirements for commercial drivers plenty of time to start calling lawyers.

“There’s certainly the potential for those sorts of things (constitutional challenges, class action suits, etc.) based on age discrimination,” admitted Andree.

But every silver lining has a cloud, a fact Andree was quick to point out.

For carriers, not being able to get rid of someone at age 65 could be a bad thing, he said.

“It depends on your point of view,” he said. “If you have an employee who’s been under performing and you want to just let him or her ride out their final days until they retire, it’s going to be a lot harder. You won’t just be able to say goodbye when they turn 65. And you’ll even have trouble letting them go if they claim that you’re only doing it because of their age. So you’ll have to spend a lot more time accumulating the information and documentation you need to prove you’re firing them with cause. It will be a lot less graceful and a lot uglier.”

PMTC ANNOUNCES NEW BOARD

The Private Motor Truck Council of Canada announced its incoming Board of Directors for the coming term during its 28th annual conference in Niagara-on-the-Lake, Ont.

OFFICERS: President – Bruce J. Richards; Chairman – Peter McAleer, Kraft Canada; Vice Chairman – Lindsay Welsh, Sonoco Canada; Vice Chairman – Richard Lalonde, Praxair Canada.

DIRECTORS: Dave Brown, Schneider Foods; Paul Christie, Unique Personnel Inc.; Dale Crosbie, DTF Trucking; Stan Dawson, Hbc Logistics; George Iacono, Global Driver Services; Jeff Kirby, Altruck Idealease; Paul Kudla, Volvo Trucks Canada; Ted Lawson, 3M Canada; Cam Mickie, CAMCO Recycling; Kevin Riley, Maple Leaf Consumer Foods; Peter Roy, PacLease Canada; Chris Tolley, Train Trailer; Ken Whitehead, Summit Food Services; Chris Willard, Hbc Logistics; Danny Vettoretti, Frito Lay Canada

PMTC/ZURICH AWARD PRIVATE FLEETS FOR SAFETY

The Private Motor Truck Council of Canada and Zurich announced awards for Private Fleet safety in two categories during the PMTC’s annual conference in Niagara-on-the-Lake, Ont.

THE 2005 AWARD WINNERS WERE:

Medium Fleet Category:

SCHNEIDER FOODS, Kitchener, Ont.

Large Fleet Category:

HOME HARDWARE STORES LIMITED, St. Jacobs, Ont.

The competition is open to all Canadian private carriers. Judging is conducted by an independent panel and follows established criteria that concentrate on the company’s overall safety regime and its over the road record.

The awards aim to demonstrate the commitment that PMTC and Zurich have to truck safety and to recognizing fleets with excellent safety records, said PMTC president Bruce Richards.

WORTH A SECOND LOOK

Winners of the Vehicle Graphics Design Awards, now 20 years old, were announced during the PMTC’s Awards Luncheon as part of its Annual General Meeting and Conference in Niagara-on-the-Lake, Ont. in June.

Awards were presented in six categories: Tractor-Trailer Combination; Straight Truck; Special Events/Promotion; Night Time Safety, Light Duty Commercial Truck and Identity Fleet Graphics.

Awards by category were presented to the following fleets:

Tractor-Trailer Combination:

Bison Transport and Federated Co-operatives

Honourable Mention to J. M. Schneider Foods

Straight Truck: Molson Breweries and Les Aliments Jardi

Honourable Mention to Caf Napoleon

Special Events/Promotion: Steelcase Canada and Maple Lodge Farms

Honourable Mention to Calgary Exhibition and Stampede

Night-Time Safety: Markel Professional Transport Training and J. M. Schneider Foods

Honourable Mention to Supergraphics

Light Duty Commercial Truck: Caf Napoleon and Loewen Windows

Honourable Mention to Baer Petroleum

Identity Fleet Graphics: Molson Breweries & Canadian Tire

Honourable Mention to L. Ritchie Cartage

TRACTOR TRAILER:

Client: Bison Transport

Graphics: Turbo Images

Film: Avery

Client: Federated Co-operatives

Graphics: Turbo Images

Film: Avery

Honourable Mention

Client: J. M. Schneider Foods

Graphics: Twin City Graphics

Film: 3M

STRAIGHT TRUCK:

Client: Molson Breweries

Graphics: Toronto Digital Imaging

Film: 3M

Client: Les Aliments Jardi

Graphics: Toronto Digital Imaging

Film: 3M

Honourable Mention

Client: Caf Napoleon

Graphics: Turbo Images

Film: Avery

SPECIAL EVENT / PROMOTIONAL:

Client: Steelcase Canada

Graphics: Steelcase Canada

Film: 3M

Client: Maple Lodge Farms

Graphics: Toronto Digital Imaging

Film: 3M

Honourable Mention

Client: Calgary Exhibition and Stampede

Graphics: Industrial Graphics

Film: Graphic Art

NIGHT-TIME SAFETY:

Client: Markel Professional Transport Training

Graphics: Twin City Graphics

Film: 3M

Client: J. M. Schneider Foods

Graphics: Twin City Graphics

Film: 3M

Honourable Mention

Client: Supergraphics

Graphics: Supergraphics

Film: 3M

LIGHT DUTY COMMERCIAL TRUCK:

Client: Caf Napoleon

Graphics: Turbo Images

Film: Avery

Client: Loewen Windows

Graphics: Inter Graphics Decal

Film: 3M

Honourable Mention

Client: Baer Petroleum

Graphics: Twin City Graphics

Film: 3M

FLEET IDENTITY:

Client: Molson Breweries

Graphics: Toronto Digital Imaging

Film: 3M

Client: Canadian Tire

Graphics: Turbo Images

Film: 3M & Avery

Honourable Mention

Client: L. Ritchie Cartage

Graphics: Turbo Images

Film: Avery