22. Duty on loading managers22. Duty on loading managers

22. Duty on loading managers

(1) A loading manager must take all reasonable steps to ensure that the arrangements for loading and unloading heavy vehicles at the premises in respect of which she or he is the loading manager will not cause the driver of a vehicle to exceed any speed limit that applies to the vehicle.

Court imposed penalty: $5 000 for a first offence;

$10 000 for a second or subsequent offence.

Note: Examples of some reasonable steps that can be taken

 reviewing loading and unloading times and delays at loading and unloading places
 identifying potential loading and unloading bottlenecks in consultation with drivers and other parties in the chain of responsibility
 ensuring that timeslots for loading or unloading can be relied upon.

Note: Section 30 sets out some of the factors a court may consider in determining whether a person has taken all reasonable steps. Section 29 sets out one method by which a loading manager can take all reasonable steps for the purposes of this subsection.

(2) An offence against subsection (1) is an offence of absolute liability.