Paper Example on Dangerous Goods Transportation Act: Inspections & Permits

Purpose

The Act the transportation of dangerous substances and goods in Ontario is regulated by the Dangerous Goods Transportation Act. The purpose of this Act is to describe the provisions on inspections and permits of transporting dangerous substances. It also spells out the powers of inspectors and offenses that can lead to arrest. However, when performing inspections, the officers have to follow certain guidelines that are stipulated in the Act. The Act protects the drivers and road users from dangerous substances such as explosives that may cause loss of many lives and destruction of properties (Ecolex.org, 2011). The government established the Act to minimize risks due to the increased transportation of hazardous goods. Goods such as explosives have great potential for incidents to happen that would threaten human life and destroy the environment (Thompson, 2015).

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Terminology

The following are definitions of terms under the Dangerous Goods Transportation Act (R.S.O. 1990, c. D. 1);

Dangerous Good-According to the Transportation of Dangerous Goods Act, 1992, a dangerous good is an animal, product, or material or incorporated by regulation or its nature or in any of the nine classes of dangerous goods schedule. The schedule stipulates nine classes of dangerous goods and they include explosives, gases, flammable liquids, flammable solids, Oxidizing Substances, Toxic and Infectious Substances, Radioactive Materials, Corrosives, and lastly miscellaneous Products.

Inspector- A person designated by the Minister of transportation to carry out duties of ensuring proper transportation of dangerous goods

Means of containment- These are containers or parts that can be used to package goods for transport.

Safety mark- This is a sin, letter, abbreviation, label, device, word, a symbol of their combinations. They are displayed on a container that is transporting hazardous substances to show compliance with safety measures that stipulated under the regulations of the Act. These marks show that the goods in the container are dangerous.

Safety requirements- These are necessities for the transportation of hazardous substances and may include training people who will be involved in transportation. Other safety requirements include reporting of the conveyance and inspections of the goods.

Shipping document- It is a written document that is carried together with hazardous properties being conveyed. The document contains important information about the nature of the goods being transported.

Common Offences

Non-compliance with the Act

It is an offense to transport dangerous substances on the road that do not comply with the safety requirements of the federal Act. The Act prohibits any person to convey hazardous substances on the highway unless all federal safety requirements have been met. It is also an offense to use a container or a mean of containment that does not comply with the safety standards such as displaying marks the nature of goods (Ontario.ca, 2019). The containers have to be well sealed to avoid leakage that would cause harm to people and destroy the environment. Safety marks should be written in red to indicate that the substance is dangerous and could result in massive destruction in case of an accident. Failure to comply with measures or direction prescribed by the federal Act is also an offense (Dangerous Goods Transportation Act 2010, c. 16, Sched. 12, s. 1 (12)).

Misleading safety mark

It is a crime to operate on means of transport that does not comply with safety measures marks. Moreover, some safety marks may be misleading on the nature of products that are being transported especially on road. If an inspection officer discovers that the information is not revealing the true nature of the product, the owner of the goods may be charged in court (Ontario.ca (2019).

Lack of Insurance

Most persons who transport hazardous substances on a highway are required to have an approved emergency plan. Therefore, they must have insurance against any harm that could be caused by the substance. Ontario requires a valid license in accordance with the Insurance Act so that people who suffer losses could be compensated. The Insurance cover for a motor vehicle should be less than $2,000,000 for each means of transport used to transport dangerous goods (Dangerous Goods Transportation Act 2010, c. 16, Sched. 12, s. 1 (13)).

Non-resident of Ontario without insurance

It is an offense for a person to transport hazardous goods if one a non-resident of Ontario without insurance. Moreover, the person is only allowed to transport them if he carries an insurance cover from an insurer who is authorized to transact in Ontario (Gorys, 1990). The insurer must comply with the Registrar of Motor Vehicles for the purpose of transporting dangerous substances in Ontario. One can be arrested for carrying insurance that is not authorized in Ontario province. In such as a case, the act requires the insurer and insured to accept the cost of any incident that could result from a motor vehicle accident. The person is also required to refrain from any defense of any action or preceding that could have not occurred if he or she is a resident of Ontario. The person must accept that the responsibility of a fine of $2,000,000 in any judgment rendered against him/her in a court in Ontario (Dangerous Goods Transportation Act 2010, c. 16, Sched. 12, s. 1 (13).

Search, Seizure and Arrest Powers

To implement the Dangerous Goods Transportation Act, inspection officers have the power to stop and scrutinize any means of transport. He or she has the powers to inspect the load if he believes it dangerous and could cause harm in case of an accident. Moreover, the inspector has the power to request the driver to open the container or any other means of containment which he believes that it contains toxic substances Searag, & McKeown, 2015). On inspecting the container or other means of containment, the officers have the power to take samples of the substance for analysis that he feels on reasonable grounds to be hazardous. The inspectors may also inspect and make copies of materials such as shipping documents and other records that contain relevant information about dangerous substances (R.S.O. 1990, c. D.1, s. 10 (2)). These copies shall be produced as evidence if the case is presented in a court. However, the inspecting officer must explain why he believed the goods being transported were dangerous before reporting the matter to the administration.

The inspecting officers have the power to arrest a person who fails to comply with the safety requirements of the federal Act. These include an appropriate means of containment that will load release the dangerous substance to the environment (Ferguson, 2019). The vehicle or container must have safety marks that indicate the nature of the product being transported. The inspecting officers may use force to arrest any person who does not stop for inspection, refuse to open the container or give false information about the nature of the goods. The inspector may also order for the arrest of a person who interferes with s sample of the substance believed to be dangerous R.S.O. 1990, c. D.1, s. 10 (2). According to the Dangerous Goods Transportation Act section four, the inspector may use force to check goods if he believes on reasonable grounds that are hazardous if the owner refuses to comply with his request. The owner of the goods is required by the Act to give reasonable assistance that can help the inspectors to carry out their duties (R.S.O. 1990, c. D.1, s. 10 (3); 2010, c. 16, Sched. 12, s. 1 (20)).

Statute of Limitations

The act does not apply to all hazardous goods because of several limitations. The act fails to apply when the goods being transported are under the control or direction of the Minister of National Defence for Canada. Some explosive materials that are used during wars are transported without the compliance of safety requirements because of confidentiality. Moreover, if the goods transported for the province of Ontario or any other authority that has the power of the highway do not follow the safety requirements of the Act (Provencher, 2008). The Act is also limited where the dangerous products are transported to storage or to a place of disposal. Moreover, the Act does not apply when the transportation is for the purpose of collection of spilled or abandoned material from the road.

Users of the Act

Motor vehicle insurance companies have to follow the act requirements when insuring a motor vehicle that carries hazardous substances.

Carrier companies transport hazardous products and therefore they have to ensure that their vehicles comply with all the stipulated safety measures of the Act

Advocates agencies use the regulations and provisions of the Act when dealing with relevant cases.

Canadian Transport Emergency Center (CANUTEC) that offers advice to emergency personnel when handling dangerous products (Government of Canada Home Office. (2015).

Agency Research and Quote

Halton Police Commercial Motor Vehicle Safety Unit.

Contact 905-825-4777

Me: Hello, my name is German Gonzalez. Is this the Halton Police Commercial Motor Vehicle Safety Unit

Inspector: Hello, too. Yes, you are correct. This is the Halton Police Commercial Motor Vehicle Safety Unit. How may I help you?

Me: I am a student at ..................... University and am conducting research on the Dangerous Goods Transportation Act. I would like to know how many accidents involving dangerous goods have occurred on the highway in the last three years?

Inspector: Thank you for taking this research. Only three accidents have occurred in the last three years. Two of them involved a back collision that caused flammable substances to spill over the road. However, on involved a container that had a defect and hence as was emitted to the air which was discovered in a few minutes. However, the leakage did not result in flame since one of the inspecting officers noted the defect.

Me: That is the minimum number. Your department must be working hard to ensure minimum accidents especially those that involve trucks carrying dangerous goods. What measures do you check to ensure that they comply with the requirements of the Dangerous Goods Transportation Act?

Inspector: There are many measures that the Police Commercial Motor Vehicle Safety Unit inspects. For instance, safety marks have to be written in bold, and the people in the vehicle must be trained to handle dangerous substances. The drivers must have insurance as stipulated Dangerous Goods Transportation Act of Ontario (HRPS, 2019).

Me: Thank you so much for your help.

References

Government of Canada Home Office. (2015) Canada - Ontario Agreement Respecting Administration of the Transportation of Dangerous Goods Act, 1992

Halton Regional Police Commercial Vehicle Safety Unit (HRPS) (2019). Retrieved from https://www.haltonpolice.ca/about/specializedunits/cmv.php

Ontario.ca (2019). Dangerous Goods Transportation Act, R.S.O. 1990, c. D.1 Retrieved from https://www.ontario.ca/laws/statute/90d01

R.S.O. D.1, s. 1; 2010.Dangerous Goods Transportation Act of 2010. Retrieved from https://www.ontario.ca/laws/statute/90d01

R.S.O. 1990, c. D.1. Dangerous Goods Transportation Act of 1990. Retrieved from https://www.ontario.ca/laws/statute/90d01

Ecolex.org. (2011). Dangerous Goods Transportation Act (R.S.O. 1990, c. D. 1). Retrieved from https://www.ecolex.org/details/legislation/dangerous-goods-transportation-act-rso-1990-c-d-1-lex-faoc041883/

Gorys, J. (1990). Transportation of dangerous goods in the province of Ontario. Transportation Research Record, 1264, 57-68.

Provencher, M. (2008). The movement and handling of dangerous goods in Canada for the year 2004. Statistics, 57.