TORONTO — Speed limiters may be an affront to NAFTA, so says the Owner-Operator Independent Drivers Association (OOIDA).
In direct response to the Ontario government deciding to pass a speed limiter bill, OOIDA will file a Notice of Intent questioning the legality of the legislation.
The notice will be filed as soon as the new law — which will require heavy trucks operating in Ontario to be limited to 105 km/h — is officially implemented.
“We are vigorously pursuing all appropriate legal remedies to protect the right of truckers, big and small, to compete fairly and safely across international and provincial borders,” said Rick Craig, director of Regulatory Affairs.
The Missouri-based group retained legal counsel in Canada "…as soon as it became apparent the government had no intention of seriously considering reason and sound science in the debate,” said Craig, adding that its testimony at a committee hearing in opposition to Bill 41 in Toronto had more scientific backbone than what proponents produced.
It’s arguments, however, had no effect on the province’s decision, "prompting the need to take the legal path."
The association contends the new law would hamper trade by limiting access to trucks from other jurisdictions that do not have speed limiting restrictions. OOIDA has identified possible North American Free Trade Agreement and constitutional violations.
"We believe the new law discriminates against U.S.-based companies as well as Canadian trucking companies based outside of Ontario by restricting their ability to operate freely throughout Canada," added Craig.
“The reasons given by proponents for passing the bill were nothing more than a red herring and will infringe upon the rights of all extraprovincial truckers who want to pursue their livelihoods to operate throughout Canada,” stated Craig.
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