B.C. cancels company's operating licence after 6 overpass strikes

The province says it's prohibited a transportation company from operating in B.C. after it was involved in six overpass strikes in three years.

A statement sent at 6 a.m. PT from B.C.'s Transportation Minister Rob Fleming said, in the interest of safety, a formal cancellation notice was issued to Chohan Freight Forwarders Ltd. for its operations in B.C. on Thursday.

The province had previously suspended the carrier following an overpass strike on Highway 99 in late December. On a provincial list of the overpass strikes that have occurred since December 2021, Chohan is named six times out of 34 total strikes.

"This is the most severe action that can be taken against a company with multiple infractions — and it sends a clear message to operators that infrastructure crashes around our province need to stop," said the release from Fleming.

"It has never been easier to follow a route to guide a load safely through our highway system and avoid the potential for impact with infrastructure."

The province has struggled to come up with ways to reduce the amount of strikes which have damaged critical transportation infrastructure and also created unsafe road conditions.

In December the province announced tougher penalties related to the strikes. It added escalating penalties for companies and drivers with repeat offences, added longer suspensions and the possible loss of their operating certificate.

The statement from Fleming said the cancellation decision was issued by the independent director of the Commercial Vehicle Safety and Enforcement branch (CVSE), and "follows changes that allow for progressive enforcement of suspensions to better deal with those few companies and drivers who are not being safe and responsible."

Since Chohan's operating licence was suspended in December, the company brought a civil suit against the province in a bid to have it overturned.

Company to challenge cancellation

In a statement sent to media Friday morning, Nitasha Chohan, director of safety and compliance with the company, said it "fundamentally" disagreed with the province over having its licence cancelled.

"We will continue to take steps to challenge this action on behalf of our drivers and their families," it said.

Chohan said it has co-operated with the Ministry of Transportation and Commercial Vehicle Safety and Enforcement as a part of its investigation, "and will continue to take steps to ensure that our internal safety protocols are as robust as possible."

The company blames an overpass strike on Highway 99 at 112th Street in Delta on Dec. 28, 2023 on an independent owner-operator and not a "failing" by the company.

'We applaud government,' says industry association

Dave Earle, the CEO and president of the B.C. Trucking Association, which represents 26,000 workers operating 14,000 transport trucks across the province, said he wasn't surprised by the Chohan cancellation.

He said the announcement by the province in December to increase enforcement telegraphed that a company would eventually face a certificate cancellation related to ongoing overpass strikes.

"What we've been saying for a long time is that government needs to do more in terms of actually talking about the enforcement action they take, publicizing the enforcement actions they take," he said. "So we applaud government for taking that step and being more transparent with the enforcement actions they are undertaking."

Earle said that Chohan should be able to present submissions either in person or in writing for an eventual hearing over the cancellation arguing why it should be overturned.

If the CVSE still determines a cancellation is justified, the company has a right of reconsideration and ultimately an appeal for judicial review through the courts.

According to its lawsuit, Chohan is a family-owned trucking company, with 63 drivers and affiliated owner-operators.

It said it was losing $1 million a week in revenues due to its suspension since December.

Another arm of the company also operates in Alberta.

Earle said drivers for Chohan in B.C. or affiliated owner-operators should not have trouble picking up work with other companies.