Judge jails owner of company that owned transport involved in fatal crash

Discussion in 'Trucking Accidents' started by tinytim, Jun 28, 2017.

  1. tinytim

    tinytim Road Train Member

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    The owner of a Thunder Bay trucking company was jailed Monday for a criminal offence stemming from a fatal collision involving one of his drivers that resulted in the death of an off-duty police officer near Blind River three years ago.

    Ian Fummerton was sentenced to six months incarceration after pleading guilty last year to being a party to dangerous driving — a charge that stemmed from the Feb. 13, 2014 deadly accident involving an ABI Trucking Inc. tractor trailer and a Jeep Wrangler.

    The driver of the Jeep, Const. David Dennie, 36, an off-duty Ontario Provincial Police officer, was killed in the collision, which occurred on Highway 17, east of Blind River.

    Fummerton, 61, initially was charged with criminal negligence causing death, but pleaded guilty to being a party to dangerous driving for failing to ensure ABI drivers complied with provincial laws and regulations for on-duty drivers, driver hours and off-duty driver rest hours by permitting single-driver round trips between Thunder Bay and the Toronto area.

    Prosecutor Mary Pascuzzi said later that as far as she knows the case is the first of its kind in Canada, involving an owner operator in criminal courts.

    In her 25-page devision, Superior Court Justice Annalisa Rasaiah called the circumstances aggravating and the offence serious.

    "While he has only been charged as a party, Mr. Fummerton's degree of responsibility and culpability was high," she said. "The risk of harm created by his conduct in encouraging and condoning such dangerous practices on the part of his drivers cannot be ignored..."


    ...In her decision, Rasaiah said Fummerton knew he was employing drivers who were willing to breach regulations and who would willingly falsify log books to conceal that they were exceeding provincial on duty/driving hour limitations.

    The evidence indicated that the drivers did these runs with Fummerton's permission and knowledge, she said.

    He provided two log books and repeatedly paid the drivers for making these single-driver delivery runs.

    "The evidence demonstrates a prolonged, persistent and frequent practise."

    The judge found that Fummerton placed his economic interest ahead of his duties, and ahead of the safety of his drivers and the public.

    Fummerton "intentionally facilitated and encouraged not one, but at least three drivers to engage in this dangerous practice," she said.

    He did it over a period of time, at a "disturbing frequency," and allowed it to happen with two different transports on highly travelled highways.

    As an experienced driver, as well as an owner/operator, he knew better, and he provided two log books to conceal the driver's operation of the vehicle, Rasaiah said.

    "The context of the conduct extends beyond permitting drivers to drive over hours. It extends to encouragement and facilitation to permit drivers to physically falsify log books, to knowingly conceal the true operation of the vehicle from MTO (Ministry of Transportation) and police officers who may conduct an inspection to ensure compliance, and safety of the public."

    The Crown was seeking 12 months imprisonment, followed by a probation order with terms that included a prohibition preventing Fummerton from employing, managing or supervising commercial motor vehicle drivers.........
    Judge jails owner of company that owned transport involved in fatal crash near Blind River - TBNewsWatch.com
     
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  3. uncleal13

    uncleal13 Road Train Member

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    Nice, we should all show our dispatchers this one.
     
  4. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

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    Hell, if the truck owner is going to be criminally liable for what their drivers do, it'd be funny to see every fleet owner hand out pink slips to every driver and put his trucks up for sale. Financial liability is one thing...but I sure as heck ain't going to do time for you. That happens, and freight simply stops moving and the unemployment lines are packed. Won't take long before that judge is run out of town.

    'course that'll never happen, because it would take fleet owners acting together to accomplish it. You'll always have the few who won't...then cry when they, too, get locked up for "being a party to dangerous driving".
    Was the crash caused by dangerous driving? Is that your truck? Guilty. See you in 6 months. Sure, THIS case had more to it...but the charge is what it is. Slippery slope is all I'm saying...
     
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  5. mjd4277

    mjd4277 Road Train Member

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    Canada (and the MOT) don't play around-especially in Ontario. Down here an owner would typically get the equivalent of a slap on the wrist. Up there someone will go to jail/prison. This case should serve as a wake up call for truck company owners who willingly encourage or promote such behavior.
     
    Last edited: Jun 28, 2017
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  6. tinytim

    tinytim Road Train Member

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    I remember that crash. I drove by while they were still cleaning it up.

    I don't know if the deceased being a cop played a part in the judges decision but the owner should have some liability here. It seems he went far beyond turning a blind eye.
     
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  7. x1Heavy

    x1Heavy Road Train Member

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    No need. Just have all the current drivers assemble in a large space like a reception hall somewhere.

    Tell them the value of the company is X-$.$$$.$$$ etc. whatever it is.

    If each employee desires to still remain employed there, they will have to come up with the percentage of the entire value represented by how many workers are present to buy the whole company and take it private. If 10 workers needed to pay 1000 each to raise the 10,000 dollar xyz camel express then all of the workers are now no longer employees but part owners of xyz camel express.

    That would have to turn the law on it's ear. If one person uses a camel vehicle to kill someone for being too tired etc then Canada or whoever will have to find the other 9 part owners and jail them all, effectively killing the economy

    Suddenly they need 10 times the manpower, ten times the paper work mountain and so on so forth etc. The trials will grind forever. Theoratically it might never ring that gavel with a final verdict.
     
  8. AModelCat

    AModelCat Road Train Member

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    I think this case is a bit different. It appears the owner openly and actively encouraged his drivers to run illegally (providing them with 2 log books) and thus is just as guilty. Now if the owner didn't support this behaviour and did his due dilligence to ensure his drivers were legal and in compliance I'm willing to bet he wouldn't be in nearly as much hot water. There would be financial ramifications but I doubt he would be getting charged for the unlawful actions of his driver.
     
    Last edited: Jun 28, 2017
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  9. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

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    Everywhere I've ever worked has provided me with multiple log books to get me through multiple months before I need more. As long as the log pages that were turned in looked good, how much effort is an employer supposed to put in to ensure his drivers aren't getting creative? Time and/or date stamps need to match. Beyond that, there isn't a whole lot an employer CAN do. Should every fleet owner hire a team of PI's to investigate and tail his employees to ensure they are compliant? Maybe he ought to ride along with every driver to make sure they aren't breaking the rules.

    Point is, whether or not he looked the other way in THIS case, it still sets a dangerous precedent for other fleet owners...that if one of your driver screws up and kills the wrong person, YOU could be doing time. I'd want no part of that. If I were a fleet owner in that jurisdiction, I wouldn't care if I had 5 trucks or 5000, I would fire everyone and sell off whatever I couldn't drive myself. I have insurance to cover the financial liability resulting from civil litigation. I won't be doing time behind bars for the actions of anyone else, though.
     
  10. Friday

    Friday Road Train Member

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    Owner permitted single driver round trips from Thunder Bay to Toronto. I'm assuming the way he had the drivers running, it would be impossible to do within hours, so even if he was just providing multiple log books so drivers didn't get stuck without one when first one was full, he still would have had to realize he didn't give them helicopters to deliver the freight with. That's ~860 miles each way
     
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  11. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

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    You're allowed 13 hours of drive time for a 16-17 hour trip, and you ought to be able to turn 2 per week legally. Monday load and get most of the way there. Tuesday deliver and get half way back. Wednesday reload and start back up. Thursday make your delivery and get within a day's drive to make it back on Friday. Take the weekend off and start again on Monday. Sure, you're running hard...but if you keep that door closed and wheels turning, it's doable. Hell, that isn't even 3500 miles/week.
     
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