In Alberta's commercial vehicle regulatory landscape, some trucking companies still consider fines, tickets, and administrative penalties as just another expense—like fuel or rent. However, this corporate mindset is not only outdated but also risky, as the regulatory environment becomes more data rich and enforcement technology advances. Compliance is no longer optional, and treating penalties as a cost of doing business is a flawed corporate approach that needs urgent revision.
The Evolving Enforcement Landscape
Alberta's transportation industry has seen significant technological upgrades in recent years, and with them, the opportunity to write more penalties for non-compliance. A prime example is the Weigh2Go system, which allows real-time data sharing across the highway scale network. These scale bypass systems determine if a truck should be stopped and weighed based on historical data, minimizing human error in enforcement.
Travelling In Alberta you may have noticed the highway scales are never open. That is due to a couple of things:
1 The existing scales are old, and some are located in high traffic corridors like Balzac, AB. Having trucks lined up entering and exiting the scale is a safety issue.
2. Commercial vehicle inspectors are now in the Sherriff’s department, and those officers have expanded powers like firearms, detention and handcuffs.
The Sheriff’s mandate is roadside enforcement that focuses on speeding and impaired driving in addition to commercial vehicles. Roadside penalties are more expensive and roadside officers can write more tickets by targeting speeding trucks rather than sitting at the scale waiting for a violation to roll by. Smaller municipalities are starting to hire enforcement officers, by-law officers or their own police departments like in Grande Prairie, AB. Those officers are all trained or are being trained in commercial vehicle enforcement. To further enhance on-going enforcement the Province of Alberta has just announced: The new Law Enforcement Pathway under the Alberta Advantage Immigration Program (AAIP) is designed to attract experienced and skilled police officers from abroad, addressing both immediate hiring demands and enhancing community safety. It is clear indication that non-compliant companies will find fewer and fewer loopholes to exploit.
ELD Mandate: A Game Changer
The ELD (Electronic Logging Device) mandate is one of the most significant changes in trucking compliance. ELDs create a real-time, transparent RODS (record of duty status), and vehicle inspection reports. With a single data transfer, enforcement officers can instantly review a driver’s RODS and determine whether a driver was in an out-of-service condition. In a collision a roadside officer can assess penalties to the carrier or the driver before a tow truck even arrives. This level of real-time enforcement and transparency will put additional pressure on carriers to be compliant.
The Future of Compliance: More Data, Less Tolerance
The future of Alberta’s commercial vehicle enforcement will be driven by data and automation. Weigh-in-motion scales are already being used enabling enforcement officers to weigh vehicles while they’re on the move. Jurisdictions are updating regulations to allow for the issuing of automatic penalties for overweight vehicles. This would be similar to receiving a red-light camera ticket. This is just the beginning—the enforcement data exchange integration of ECM (Electronic Control Modules) and ELD data will give enforcement agencies access to even more granular information about a truck’s performance and driver’s compliance status.
Imagine a scenario where a truck’s ECM data, combined with real-time ELD logs, is automatically transmitted to an insurance company following an accident. As private insurance companies leave Alberta’s market due to unsustainable market conditions, those that remain will increasingly seek detailed data to assess liability and avoid paying claims. In the near future, insurance companies may demand ELD and ECM data as part of a claims review, further raising the stakes for non-compliant carriers.
The True Cost of Penalties
For carriers that still see fines and penalties as the price of doing business, it’s time for a reality check. The cost of non-compliance is not just about the fines themselves; it’s about the damage to a company’s reputation, increased scrutiny, higher insurance premiums, and potential lawsuits that could sink a business. Every ticket or penalty raises a red flag, and in Alberta’s data-rich environment, red flags are harder to ignore.
Compliance is Your Competitive Edge
Staying up-to-date on regulations and prioritizing compliance isn’t just about avoiding penalties—it’s about staying in business. As insurance and enforcement environments tighten, only carriers with strong compliance programs will be able to avoid the mounting costs associated with non-compliance. Relying on outdated practices and brushing off penalties as a business expense will leave companies vulnerable to everything from hefty fines to insurance claims denial. Alberta Transportation & Economic Corridors, Traffic Safety Services Division, Monitoring & Compliance Branch, Investigations & Enforcement Section is not going to help you. It’s enforcement, not education! Give me a call or an email for all of your up to date ELD and NSC compliance education.
In my BLOG, “Why is trucking so F%&$ed up in Alberta? I can tell you why”, I explored the concern that Transportation and Economic Corridors have a vested interest in the economy and transportation safety becomes a secondary priority. Stop expecting Alberta Transportation to help you! Compliance and Oversight makes their budget from writing tickets, no matter how government tries to sell it.
Enforcement and education are two key components in a transportation regulatory framework, and they serve very different purposes. Enforcement uses penalties, fines, or legal actions to ensure compliance with regulations. It is a reactive approach that focuses on punishing non-compliance and deterring future violations. Education provides information, guidance, and resources to help industry understand and comply with regulations. It is a proactive approach that aims to promote awareness, understanding, and voluntary compliance.
Enforcement mechanisms are important for holding unsafe carriers and drivers accountable and maintaining whatever integrity is left of the commercial transportation industry. Where it all falls apart is when the regulatory bodies make the rules and don’t inform industry what those rules mean to them. Alberta Transportation and Economic Corridors has had the ELD regulations for three years and carriers facing departmental intervention are clueless to the risks.
In a roadside stop ELD penalties can add up fast. An example is; a driver’s ELD was in a malfunction state for the day the driver was stopped and inspected and the 14 previous days. If the driver did not follow the malfunction protocol the driver could be charged under 78(1) failure to ensure ELD operates in good working order and is calibrated and maintained. That penalty is recommended to be $1000.00 per offence for the driver. That would be $15,000.00. The carrier could be facing: 78(5) Failure to repair or replace ELD within required timeframe. $1000.00 per offence is $15,000.00 for the carrier. If the driver intentionally disconnecting the ELD to avoid accurate recording of the information that could be 86(3), Tamper with ELD $1000.00 per offence and the carrier could be facing 86(3) request require allow a person to tamper with ELD $2000.00 per offence. The carrier could be charged for every day because the carrier is supposed to be monitoring the driver, (87(1) and 78.3 (1)) using the carrier ELD dashboard and is aware of the malfunction. Imagine explaining to your boss how a driver earned the company a $32,000.00 penalty. Nobody gets a safety bonus this month!
This isn’t the good old days of trucking; drivers and carriers are monitored in real time and roadside officers are armed and have expanded powers including detention. Drivers need to take care during a roadside stop, speak respectfully and ask questions respectfully, even if the driver is correct and the officer wrong. In a roadside situation the person with the gun is always right and drivers need to remember that.
In summary, enforcement is about penalizing non-compliance, while education is about empowering compliance through awareness and understanding. Both enforcement and education are important tools in a regulatory framework, and a balanced approach that combines both can be effective in achieving regulatory goals. The problem is Alberta Transportation and Economic Corridors Alberta is not balanced; the focus is enforcement with no education for the carriers to be successful. Why would Alberta Transportation and Economic Corridors slit the throat of this cash cow when carriers can be kept in the dark and the cash keeps flowing?
Alberta TEC has introduced a new risk factor scoring process as of May 1,2024 that is intended to enhance the identification of the most high-risk carriers operating in Alberta. I would ask the bridge department which carriers are high risk but, government loves data and scoring so, here we are. Roadcheck is in May and Roadcheck is when all the inspectors are out getting inspection numbers to stay certified. Roadcheck is also when all the tickets get written, what a funny coincidence that is. Historical carrier information will remain unchanged. This only applies to points after month-end for April 2024.
A carrier’s risk factor score (R-Factor) is used to determine a carrier’s on-road safety performance to pinpoint carriers with concerning data. For specific details the changes to the scoring are on the TEC (Transportation and Economic Corridors) May Bulletin 1.0: Overview of the Risk Factor Score, Risk Factor Score Change Summary & Carrier Impacts.
TEC (Transportation and Economic Corridors) acknowledges there may be fluctuations to carriers R-Factor score. Carriers may find that their risk factor score has changed from March 2024 to April 2024 month-end, as a result of the refinements. Changes in the risk factor score may impact carrier monitoring, and move the carrier on or off of monitoring, and/or move the carrier to a different stage of monitoring.
Alberta Transportation could not program an audit system that accepts time by the second (see my Data Entry Debacle BLOG). Alberta Transportation cannot get enforcement data from all jurisdictions because of a computer glitch (see my Hidden Dangers: Exposing the of Unreliable Safety Fitness Ratings of Alberta Motor Carriers BLOG). Can industry really trust Alberta Transportation to accurate calculate this “new” algorithm? Probably not. Every carrier should pull a copy of their carrier profile at the end of May, June and July to ensure there is nothing unexpected.
If you do find yourself in monitoring and you’re getting a review from the department, give me a call.
