In addition to keeping an electronic logging device on board, many truck drivers may now need to carry a calculator.
Indeed, in a recent decision, the Court of Québec acquitted a petroleum product shipper accused of failing to provide the operator with the necessary information to determine the load’s weight. At the heart of the case, the shipper had only provided the quantity of product in liters, without indicating the corresponding mass.
Article 517.2 of the Highway Safety Code requires that, when transporting a full load, the shipper, consignee, and transport service intermediary must provide the heavy vehicle operator with the necessary information to determine the load’s weight.
Shippers can be found guilty of this offense if they fail to provide the necessary information to determine the load’s weight or if they provide inaccurate or incomplete data.
This obligation aims to prevent the operator from being in an overload situation.
With the information provided by the shipper, combined with the net weight of the vehicle, the operator can determine the total loaded weight and each axle weight.
This data also allows for necessary adjustments to comply with load standards based on the vehicle’s configuration.
In the case reviewed by the Court of Québec, the Director of Criminal and Penal Prosecutions justified issuing the ticket based on the fact that the loading report from the shipper did not indicate the number of kilograms of the transported product.
At the time of leaving the shipper’s loading site, the operator had a document stating the number of liters of petroleum in the load and the product’s density, but nothing directly indicating the weight.
The judge had to determine whether the truck driver had the tools and knowledge to calculate the load’s weight using the volume information provided.
The judge answered affirmatively.
Although it is preferable for the shipper to provide complete information, the law does not require a specific format or unit of measurement.
Thus, the shipper’s only obligation is to provide sufficient information for the operator to determine the load’s weight.
In this context, the judge considered that a truck driver or operator can calculate the load’s weight using the volume in liters and the product’s density. A simple equation is sufficient to obtain the weight in kilograms.
Those less skilled in mathematics can also use wheel scales to help determine the load’s weight.
In this case, the operator had the necessary information to perform the calculation and determine the total loaded weight.
For these reasons, the judge concluded that the shipper cited in the ticket had not neglected or failed to provide the information required by law.
The judge also clarified that it is not the shipper’s responsibility to control the truck’s weight at the loading site, but rather to provide the necessary information so the operator can meet their obligations regarding the vehicle’s total loaded weight.
This decision by the Court of Québec highlights the importance for heavy vehicle operators to understand and use the information provided by shippers to avoid overloading.
It also reaffirms that shippers’ responsibilities are limited to providing sufficient data to allow operators to calculate the total load weight.
In this context, a calculator (or wheel scales) becomes an essential tool on board heavy vehicles, ensuring compliance with road safety standards and avoiding overload fines.
This publication was featured in Transport Magazine.