SURREY — Truckers barred from Metro Vancouver ports are celebrating a small victory with news a federal court judge will hear their legal challenge.
In what is believed to be unprecedented for the trucking industry, 26 companies representing over 500 experienced container truckers will receive a judicial review of Port Metro Vancouver's decision to overhaul the Transport License System (TLS).
Up to 80 companies, most of them operating in Surrey, were barred from the TLS system on Feb. 1 due to an ongoing overhaul of the trucking industry. An estimated $60 million of trucking equipment is now sitting idle and the drivers left scrambling to make ends meet.
“It’s unbelievable," said Michelle Mann, a dispatcher for Surrey's Safe Way Trucking. "My company has some of the most experienced drivers with extremely strong safety records and some of the newest trucks on the road, and we were turned down for a license despite our company having over 20 years of experience at the Port."
Mann said the new TLS was developed without transparency, accountability or consistency, nor were the companies provided with reasons for their suspension.
“Nobody can tell us the scoring criteria, why companies with stellar safety records and new fleets are not being granted licenses,†said Sucha Seikhon, owner of Goodrich Transport in Surrey. “The greatest shock is that companies that don’t have records even close to ours are being given licenses and are now moving to 24 hour shifts to keep up with demand, which is not good for the wear and tear and safety of the trucks. "
The suspension impacts more than just drivers, leaving mechanics, dispatchers and admin staff out of work and companies forced to shut their doors and tell their clients to find somebody else.
Gurpreet Badh, a Surrey lawyer representing two of the 26 companies, will be in federal court in Vancouver on Wednesday and Thursday (Feb. 25 and 26) to make interim motions providing relief to the trucking companies.
Badh said lawyers will focus on two core arguments; first, that the companies be allowed to have their licenses extended during the judicial review process, and second, to expedite that process to minimize the financial pain to those companies.
"They're struggling," said Badh of the companies. "I think they can't survive for too long if a decision is not made."
During the judicial review lawyers are expected to argue there was a lack of procedural fairness in revamping the TLS and they will ask the court to permanently reinstate the suspended companies.
"Our clients are very respected trucking companies and they've been in business for a while now and all of a sudden they were without a contract and without licenses and they were given a week to wrap up their business or find something else to do."
Port Metro Vancouver declined to comment because the matter is before the courts. When the federal body announced the changes on Jan. 26, it stated the reforms are based on complaints from the trucking industry.
"There is widespread agreement there are too many trucking companies and drivers, which has resulted in undercutting and other problems," said Peter Xotta, vice president of planning and operations for the Port.
The Port insists that reforms to the TLS were made in a December 2014 consultation with the provincial and federal governments, truckers, trucking companies, industry and stakeholders. Companies were then rated based on a criteria ranging from their ability to pay charges to fund the new provincial auditing program, provide a compliance bond and adequate insurance and meet basic environmental standards.
The Port ultimately granted licenses to 68 companies representing 1,450 trucks.
"The goal of the reform is to stabilize the container trucking sector and ensure drivers earn a good living," said Xotta. "It is unfortunate, and unavoidable, that some will no longer be licensed to access the port, but they are still able to provide driving services that do not require port access."
The reforms are part of the Joint Action Plan, an agreement between the provincial government and the trucking industry that ended last year's one month labour stoppage. In 2014 drivers parked their rigs from Feb. 26 to March 26, claiming wait times at ports and undercutting of industry rates were harming their ability to make a living.