News the provincial government was suing a Surrey trucking company and a driver over a 2023 overpass hit in Delta was welcomed by a spokesperson for the B.C. trucking industry.
While Dave Earle, president and CEO of the Langley-based B.C. Trucking Association wouldn’t comment on the specific case, he said “from a policy perspective, we’re pleased that government is taking steps to hold companies and individuals accountable.”
“It’s a signal to industries saying that government is taking this seriously, that they’re going to pursue action to recover damages when they believe it’s appropriate, and those decisions can be tested in the courts.”
A statement of claim filed in B.C. Supreme Court on Dec. 16 demands compensation from Chohan Carriers Ltd. and Jasveer Singh Sangha for the overpass strike at the 112 St. crossing on Hwy. 99 near Delta on Dec. 28, 2023.
It described the case as a “claim for property damage caused when a vehicle hauling an over-height load struck a bridge causing damage to property owned by the Province including to the bridge, concrete stringers and other related structures.”
As a result, the province “incurred loss and damages for wages, materials, equipment, and other associated costs to repair the damage.”
It was the sixth overpass hit in six years for Chohan, which was based in Aldergrove at the time.
As a result, the province lifted the company’s safety certificate, idling 65 commercial vehicles according to a provincial estimate.
In the claim, which has not been tested in court, the province alleges Sangha was “knowingly operating the Freightliner after measuring the load height and determining that it exceeded applicable height limits [and] operating the Freightliner with knowledge that a permit and approved route were required, and proceeding with neither.”
Chohan, the claim argues, was “vicariously liable for the negligence of the driver” including “permitting, encouraging, or directing Sangha to operate the Freightliner when his ability to do so was impaired by fatigue, alcohol, or drugs” as well as failing to properly train the driver, and “failing to implement or enforce policies and procedures to ensure compliance with height, clearance, and routing restrictions.”
Earle told the Langley Advance Times the association has proposed measures to the province that would help prevent overpass hits in future by having customers of trucking companies check their records, and to itake steps to ensure that measuring load heights is actually done.
“Frankly, we’re hopeful we never see this again,” Earl said.
“Overpass strikes are down, but they’re still happening far too frequently.”
Langley Advance Times has reached out to Chohan for comment.