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Trucking charges 'totally insane'

Cara Loverock
Northern News Services
Published Friday, July 17, 2009

SOMBA K'E/YELLOWKNIFE - The owner of a trucking company is angry after a "small, little mistake" made by one of his employees resulted in 15 charges of illegal transportation of dangerous goods.

Alan Scraba's company ARS Trucking and Welding Ltd. is certified to inspect tanker trucks. One of his employees "misread a number on the side of the truck," according to Scraba, which resulted in a mistake in conducting the inspection of tanker that carries diesel fuel. He filled the tank with pressure for 10 minutes instead of 30.

After a visit from a Department of Transportation inspector who realized what had happened, the company was charged with 15 counts under federal legislation of illegally transporting dangerous goods. Scraba said the number of charges he faced "is totally insane."

"All (the employee) did was make a mistake reading a number," said Scraba. "He didn't kill someone or go rob a house."

The inspection of the tanker took place on Feb. 28, 2007, and Scraba said he was issued the ticket two years later in February 2009. He said the point of the pressure test was to see if the tank would leak and there would have been no repercussions if it's tested for 10 minutes rather than 30, he argued.

"Either the tank leaks or it doesn't," said Scraba.

The Crown withdrew all charges except one after Scraba entered a guilty plea to one count of transporting fuel in an improper fuel container, and was ordered to pay a fine of $3,000 last May.

"Just a goofy mistake and they slaughtered me on it," he said.

Scraba said the ordeal was extremely stressful. The maximum fine for each charge is $50,000.

"I thought they were going to put me in jail for like 124 years," he said of the panic he felt in the situation.

Scraba said he is still not sure why the one incident resulted in 15 different charges.

"It should have only been one (charge)," said Scraba. "You run a stop sign you don't get 15 tickets."

Scraba also takes issue with the fact he was penalized for a mistake when there was no intent to cause harm.

He said Judge Robert Gorin, who presided over the case, also made a "simple little mistake" when he ruled the company had to pay a victims-of-crime surcharge of $450.

Gorin called the case back before the court later the same day after realizing he did not have the jurisdiction to impose the surcharge.

"He deserves a ticket. He made a mistake," said Scraba. "But the judge can make a mistake and nothing happens to him."

Calls to the Crown prosecutor's office were not returned by press time.