OOSC, Part II, Item 8. Lighting Devices - Stationary Vehicle Lighting

Should stationary commercial vehicles without adequate lighting, or other warning devices, during poor atmospheric conditions including darkness be considered an out of service condition?

According to the OOSC, a commercial vehicle is out of service when: A) Headlamps inoperative at night B) Tail lamps inoperative at night The safety concerns are obvious. Other highway users must know there is a commercial vehicle sharing the road and it shall be adequately visible. Roadways around North America often have roadside pullouts or other similar parking places that are readily usable to all motorists in that they are part of the highway. From large freeways to rural gravel roads, parking of commercial vehicles is common place. The act of a non-visible stationary vehicle in my professional opinion is no different than one with its required lamps not lit. For clarification purposes, this request is not for parking lots like a truck stop for example, but rather locations where other motorists are sharing the road in the vicinity of the parked commercial vehicle. In Alberta, we have the legislation in place to remedy this unsafe act: Stationary commercial vehicles: 49.1(1) In this section, “advance warning triangle” means an advance warning triangle that meets the requirements of section 4 of Schedule 1 to the Commercial Vehicle Safety Regulation. (2) Subject to subsection (3), during the night time a person shall not permit a commercial vehicle to be stationary on a highway outside the limits of an urban area unless (a) the hazard warning lamps with which the commercial vehicle is required to be equipped under the Vehicle Equipment Regulation are alight, if the lamps are functional, and (b) advance warning triangles are placed without delay on the highway in line with the commercial vehicle at a distance of (i) approximately 30 metres behind the commercial vehicle, and (ii) approximately 30 metres in front of the commercial vehicle. (3) At any time when, due to insufficient light or unfavourable atmospheric conditions, objects are not clearly discernible on the highway at a distance of at least 150 metres ahead, a person shall not permit a commercial vehicle to be stationary on a highway outside the limits of an urban area unless (a) the lighting equipment, including the hazard warning lamps with which the commercial vehicle is required to be equipped under the Vehicle Equipment Regulation, is alight, if the lighting equipment is functional, and (b) advance warning triangles are placed without delay on the highway in line with the commercial vehicle at a distance of (i) approximately 75 metres behind the commercial vehicle, and (ii) approximately 75 metres in front of the commercial vehicle. (4) Subsections (2)(b) and (3)(b) do not apply to a bus or a school bus that is stopped on a highway while a passenger, luggage, cargo, goods or equipment is being loaded onto or taken off the bus or school bus.

I believe a discussion with all CVSA jurisdictions is warranted regarding this matter, focusing on whether or not it should be an out of service condition if a commercial vehicle is stationary during poor atmospheric conditions including darkness. Additionally, collision statistics from other jurisdictions would shed more light on this issue. The law in Alberta allows a remedy, but I also believe making it an out of service condition would give it more weight, including points assigned to a Carrier Profile.