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A string of overpass strikes in Saskatoon has led to more than 20 charges — and plenty of questions. Who has been charged, and what consequences do the charges carry?
650 CKOM has been working on the answers to these questions. Here’s what we found:
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Why can’t the names of the companies or the drivers charged be released to the public?
CKOM News asked Saskatoon Police Service to explain what is going on. The police force referred us to the provincial Traffic Safety Court.
As of March 27 there was no information available from the traffic court on the driver or company names.
Each ticket issued has a reference number. It’s that number that is tied to the person or company name. If neither police nor the Ministry of Community Safety provide the media with those numbers, we have no ability to find out who was issued the ticket.
While 650 CKOM was provided with a few ticket numbers by police, most are still unavailable to us. The Ministry of Community Safety has refused to provide us with that information, despite our requests.
650 CKOM has noted the names of two companies in Saskatchewan from several social media channels, and has reached out to both of them. In each case, company representatives have refused to comment on whether their trucks were involved in the Highway 16/Circle Drive, and in the Circle Drive/108th Street overpass collisions.
Who governs the rules for trucks?
A confusing number of government departments control the rules for large vehicles in Saskatchewan, including Saskatchewan Government Insurance (SGI), the Ministry of Highways and Infrastructure, and Ministry of Community Safety. There is also a Saskatchewan Truckers’ Guide. The latest version available on Saskatchewan government websites is from 2021.
Regulations limiting weights and dimensions on public highways are listed in The Vehicle Weight and Dimension Regulations, 2010.
Clearances for overpasses are listed in a Ministry of Highways and Infrastructure document, and safety defects are covered by Saskatchewan Trip Inspection Regulations.
Driving with undue care and attention falls under the Traffic Safety Act.
Are tickets or charges laid different to regular traffic tickets?
A charge is an alleged offence under the law — the specific section of a piece of legislation a person is accused of violating. A ticket is the document used to notify the person of that charge.
Peace officers — all Saskatoon police and Saskatchewan Highway Patrol officers — have the authority to lay charges. In the cases of the overpasses being struck, charges were laid under the Highways and Transportation Act, the Traffic Safety Act, and the municipal Traffic Bylaw No. 7200, Saskatoon police told CKOM News.
Do all tickets end up in court?
Anyone charged has the option to pay the fine related to the charges. If they want to dispute the charges, they are given a court date.
If someone who’s been charged decides to pay their ticketed fines prior to their court date, no court information remains available. It essentially “goes away.”
What happens if a ticket does go to court?
If a charge goes to court, the officers who laid the charge may be called to testify.
Because the Saskatchewan Highway Patrol has the training, equipment and knowledge of inspecting commercial vehicles, charges related to those things are more appropriately laid by them, Saskatoon police said.
This is no different than if someone was to dispute a ticket for using a cell phone behind the wheel. The officer who laid the charge would be required to attend court to testify to the evidence or grounds they had to lay the charge, they added.
What kinds of fines are associated with these offences?
Under The Highways and Transportation Act of Saskatchewan, damaging an overpass is legally classified as damage to a “public improvement.” The Act lists the various categories for offences.
A charge of damaging a public improvement carries a fine to a maximum of $200 for a first offence, and a fine to a maximum of $500 for any further offences.
Exceeding road permit dimension regulations, operating a vehicle with an insecure load or contravening regulations on load security, log books, hours of service, trip inspection reports, carrier and driver record-keeping carries a fine to a maximum of $1,000, or $2,000 if a corporation.
Driving with undue care and attention carries a first $580 fine plus four licence demerits. A second offence within a year of being convicted of the first brings a $1,400 fine, plus an additional four demerits, as well as an immediate seven-day vehicle seizure. Vehicle owners are responsible for the towing and impound fees. A third offence within a year of conviction of the first bring a $2,100 fine, plus four more demerits and another seven-day vehicle seizure.
Safety defects are covered by Saskatchewan Trip Inspection Regulations, which say commercial vehicles with a registered weight of 11,794 kg or more must be inspected once every 24-hour period the vehicle is in use, repairing any items in the inspection report that affect safety and updating the report after making the repairs. The person inspecting the vehicle must sign the report and if that is not the driver, then both must sign it.
What charges have been laid in relation to the Saskatoon overpasses?
The first overpass collision in Saskatoon on March 5 involved a semi-trailer hauling an excavator travelling in the northbound lanes of Highway 11 when it struck the Circle Drive overpass.
The highway patrol has laid six charges:
- Damage to a public improvement;
- Driving with undue care and attention;
- Operating with a major defect;
- Brakes out of adjustment;
- Exceeding maximum height restrictions; and
- Failure to comply with conditions of a permit.
On March 11, a second overpass was hit at Circle Drive at 108th Street. Saskatchewan Highway Patrol assisted with the initial investigation and Saskatoon police have laid six charges:
- Failure to comply with conditions of a permit;
- Failure to complete daily inspection;
- Exceed maximum dimension in a permit;
- Exceed maximum height;
- Exceed maximum width; and
- Driving without due care and attention.
The driver did not stop but was found by Saskatchewan RCMP in Martensville. The Saskatchewan Highway Patrol examined the vehicle on March 23 and eight charges were laid, according to Saskatoon police:
- Exceeding regulated gross vehicle weight;
- Damage to public improvement;
- Exceed tridem axle weight;
- Exceed tandem axle weight;
- Exceed maximum gross weight;
- Exceed maximum dimension in a permit;
- Failure to complete daily inspection; and
- Failure to comply with conditions of a permit.
A fourth overpass over McKercher Drive was also damaged on March 23. On March 30 SPS said that incident was a hit and run they are still investigating.
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