LANGLEY, B.C. (Dec. 2, 2004) — On behalf of long-haul truckers who’ve been handcuffed in fighting tickets far from home, the BC Trucking Association has written John Les, Minister Responsible for Deregulation Initiative, in an attempt to get the government to allow truckers to challenge traffic tickets electronically.

BCTA President Paul Landry hopes to convince the government to review its traffic ticket policies with a convincing letter addressed to Minister Les. It states “due to the nature of their work, professional long-haul truck drivers are more likely to be issued traffic violation tickets while they are far from their home. Therefore, if they wish to dispute the ticket, it is likely to be a costly and time-consuming exercise because they are required to appear in person or hire a lawyer in order to do so.”

The BCTA says all that lost time and huge costs are a result of the fact that hearings are conducted in the court closest to the location where the violation ticket was issued.

The only alterative is paying a lawyer to make an appearance in court on the driver’s behalf. “Because of the expense, many, if not most, truck drivers and their companies choose to pay the penalty rather than dispute the ticket. By conceding the charge, the driver not only pays the fine, but may also have points assessed against the driver’s provincial driving record.”

The association notes that in British Columbia in 2002, an amendment to the Offence Act allowed prosecutors to appear and do their jobs by video conferencing or telephone. Further, enforcement officers in B.C. are allowed to set out evidence of an alleged offence in the hearing without the enforcement officer appearing to have signed the certificate

‘Given the flexibility allowed to the prosecution in B.C., it would seem only fair to allow the same degree of flexibility to individuals and companies,” Landry states. “Specifically, truck drivers (and others) should be allowed to either provide evidence or plead by telephone, facsimile, video conferencing or other electronic means.’

The BCTA is therefore proposing that court proceedings be moved to a location convenient to the driver. The driver could appear in a court that is closest to his home and the prosecutor could participate via electronic means.

“While this is not a case of ‘justice delayed’ being ‘justice denied,’ the current system does deny justice in the sense that the cost of defending oneself is prohibitive,” Landry concludes. The flexibility to dispute a ticket will be welcomed by drivers and trucking companies who will see B.C. as a progressive jurisdiction that understands and supports a fair judicial system.