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May   2019
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undamentals of Canadian Trucking Law – A Practitioner’s Guidebook is the first book in 10 years to address the new dynamics of the Canadian trucking industry.

It is intended to guide people in the industry on how to understand the best way to plan their business in the face of the present environment of electronic logs, driver shortages, rising freight rates, a multitude of new trucking company competitors, brokers and new employment standards legislation.

This book is intended for truck company owners, manufacturers (shippers), load brokers, lawyers and paralegals, as well as intermediaries who sell or provide services to the motor carrier industry, such as warehousing, customs, insurance and government agencies. It is also written for students of Canadian and US transport law.

The book is divided into four parts:

The first segment explains the basic concepts and vocabulary of the transportation marketplace – what is a bill of lading, regulation, a highway operator, cabotage, demurrage? What are the differences between load brokers, freight forwarders, intermodal carriers, subcontractors and factoring agents?

The second part of the book explains the infractions and defences available to trucking firms, with particular reference to the Highway Traffic Act and Provincial Offences Act of Ontario. Readers will learn about the rules regarding impounding truck equipment, contesting tickets and reducing CVOR/NSC points.

The third segment is about the conditions and terms that need to be included in contracts between shippers and carriers, brokers and trucking firms, as well as between trucking companies and three types of drivers (i.e., owner-operators, incorporated drivers and employee drivers). There are also guidelines for contracts with dispatchers and sales representatives, as well as non-competition and case law on the confidentiality of client lists.

The last part includes a series of chapters written by specialists on a particular subject related to transportation regulation. These chapters cover US trucking law, Canadian employment law, motor carrier insurance, the rules of the Ontario Small Claims Court, customs law, Workman’s Safety Insurance Board (WSIB) and marine law.

Co-authors of this book are John Petrosoniak, former Crown Counsel, Ministry of Transportation of Ontario and Dr. Richard Lande, transport lawyer with offices in Toronto and Montreal.

For information on how to purchase this book, please visit https://www.landelaw.ca/book/.

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