‘I hope it’s not over’ | Alberta rancher calls for changes to trucking rules
BEAVER MINES, Alta. — Most people would be delighted to beat a traffic ticket on a technicality.
Pincher Creek area rancher Bill Homans is pleased he doesn’t have to pay a $354 fine but now hopes the question of whether ranchers can legally haul cattle for each other can be answered.
“I don’t think it’s over,” said Homans a few days after his ticket was quashed in provincial court because of an error in the date.
“I hope it’s not over. I’d like to see some kind of a change in the regulations where you can help a neigh-bour.”
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Homans’ story began in October, when he used his stock trailer to help another rancher haul 13 steers to the auction market in Fort Macleod, Alta.
He was stopped by an Alberta transportation officer and ticketed for “operating a commercial vehicle in a prohibited manner” and “unauthorized operation of a public vehicle (with) farm plates for commercial purposes.”
At issue was the fact that he didn’t own the cattle in his trailer.
However, he was following the owner of the cattle, who was driving his own truck and trailer with additional steers.
The matter raised widespread concern that ranchers could no longer freely haul cattle for each other.
It is common practice for them to haul small numbers of each other’s cattle for short trips if one of them doesn’t have enough trailer capacity or if timing is an issue. It’s an ex-change of favours and no money is involved.
Until Homans’ experience, no one realized there was any legal problem. In fact, the law does not address the legality of hauling other people’s cattle anywhere other than grazing leases.
Homans said he received phone calls from all over Western Canada after his ticket was reported in the media.
“There were all kinds of people from all over Alberta. I’ve heard feedback from as far away as Manitoba,” he said.
Many encouraged him to fight the ticket and offered help with court costs.
“We had a fellow drive in here, right up to the door, with his chequebook. I told him it wasn’t necessary.”
One of the earliest phone calls came from Patrick Lannan, a lawyer from Claresholm, Alta., who took his case pro bono and represented Homans in court Jan. 18.
Though the ticket was quashed, the charge can be re-issued if officials decide to do so. Lannan didn’t speculate on whether that would happen.
“The issue has never been decided, at least by a court. My interpretation is, and I looked at various legislation, and I could not find out how he could be classed as a commercial vehicle as he wasn’t doing it for remuneration,” Lannan said.
“Fortunately for Bill, it’s gone away but there’s still this dark cloud hanging over every rancher who participates and helps his neighbour.”
After hearing about Homans’ case, members of Alberta Beef Producers passed a resolution directing the board to investigate and report on regulations regarding “goodwill” trucking of livestock.
The resolution is scheduled to be dealt with at the Feb. 15 board meeting, according to an ABP spokesperson.
As well, Homans discussed the issue with his MLA, Evan Berger, who is the provincial agriculture minister.
