Whitehorse Daily Star

Image title

Photo by Whitehorse Star

MISHAP INCONVENIENCED MANY – Responders examine the Pacesetter Petroleum tanker that overturned June 22 at the intersection of the Alaska and North Klondike highways. No one could use the intersection for most of the day after the early-morning accident.

Pacesetter Petroleum fined following rollover

A Yukon bulk fuel delivery company has pled guilty to several regulatory offences

By Emily Blake on October 25, 2017

A Yukon bulk fuel delivery company has pled guilty to several regulatory offences following a tanker rollover that affected the Alaska and North Klondike highways last June.

Pacesetter Petroleum pled guilty Tuesday afternoon to four contraventions of regulations under the National Safety Code, Motor Vehicle Act and Transportation of Dangerous Goods Act.

The company received fines totalling $1,265, including victim surcharge fees.

Pacesetter was charged after one of its freightliner tankers carrying 16,800 litres of jet fuel rolled over at the intersection of the Alaska and North Klondike Highways on June 22.

According to an agreed statement of facts filed in territorial court, the tanker was headed toward Mayo when the brakes locked.

The vehicle rolled over on its left side as the driver attempted to negotiate the corner.

A total of 3,403 litres of fuel were spilled, and the driver sustained minor injuries.

Highways closed

The accident also saw the closure of the highways at the intersection throughout much of the day, preventing any traffic flow.

Scores of tourists’ vehicles were stranded for hours, lined up along both highways waiting to pass the accident site, and some people couldn’t get to their places of employment that day.

A post-crash inspection of the tanker found that the brakes on the left side of both axles showed signs of rust and did not meet the standards and specifications for maintenance under the National Safety Code.

Court documents did not detail whether this caused the accident.

The driver also did not have a daily hours of service log book for the past 14 days nor log any inspections of the commercial vehicle as required.

As well, he did not have the requisite training certificate for the transport of dangerous goods.

On Tuesday, lawyer Meagan Hannam entered guilty pleas to four charges on behalf of Pacesetter for permitting the driver to operate the vehicle without having a log book nor the training certificate, and when the tanker had not been inspected nor met standards.

An additional charge for failing to fill out a daily hours of service log was stayed.

Kimberly Sova, the lawyer representing the Yukon government, recommended fines totalling $1,100 plus a victim surcharge of $165 for the offences.

Possible $10,800 in fines*

Pacesetter was facing a maximum total of $10,800 in fines for the charges.

Sova noted these were largely administrative offences and that the driver was an “anomaly”, as other Pacesetter drivers were found to be in compliance. She added the company also has no prior offences and pled guilty early on. Deputy Judge Brian Neal issued the recommended fines and Pacesetter paid them forthwith.

A spokesperson from Environment Yukon said the department has not laid charges against the driver nor company for the spill.

He explained environmental charges would only be laid if the cleanup of the spill was not in compliance, and that the company has been co-operative.

A spokesperson for the RCMP also said no criminal charges have been laid but that the matter is still open and under investigation.

Comments (10)

Up 23 Down 4

Werner Rhein on Oct 28, 2017 at 11:24 am

How can it be that a company dealing with dangerous goods in the Yukon is listed in the Philippines?
Is just because then they are untouchable and don't have to pay their full share of taxes here?
It is the same with mining companies.

Fossil fuel companies don't care about financial fines. They pay and go on with their business.
Jail or prison time would make a difference a big difference. They would have time to think about the crimes they are doing.

Tony Beets had to pay for a fun choke which did no harm to the environment 24.5 times as much. What is wrong in this picture?

Up 12 Down 21

Just Sayin' on Oct 27, 2017 at 2:52 pm

@ YukonMax

Can provide me with one fuel company in the Yukon that is not Mickey Mouse? We have the newly created Chieftain Energy (Air North) . Furthermore, they have associated themselves with KDFN to place a card lock in a green space and next to a natural wetland on the Alaska Highway. All fuel companies, transport companies, YTG, construction companies and so forth are mickey mouse companies. It is the Yukon.

Up 24 Down 6

YukonMax on Oct 27, 2017 at 11:44 am

Pacesetter is a Mickey Mouse company just like Great Northern Oil. Pacesetter has some "Chinese characters" written on their pumps and I was told it is because they are registered in the Philippines. I wonder how that works on the "tax" side of business???

Up 27 Down 4

Inquiring mind on Oct 26, 2017 at 9:08 pm

When an accident like this happens in the oil patch the first thing that happens is the driver is sent for blood tests. Was this done in this case?

Up 30 Down 10

Just Sayin' on Oct 26, 2017 at 1:03 pm

They blame the accident on a set of rusty brakes? I think it also has to deal with the driver. Furthermore, why was this not inspected at the scales? I mean really! I think further details of this case need to be examined. I am disappointed that Pacesetter did not release all the details of the case. I suppose this is how Pacesetter continues to its First Nation affiliation with the NND.

Up 19 Down 1

Politico on Oct 26, 2017 at 9:51 am

The company as stated in previous articles and in this one. Who do you think pays for the cleanup?

Up 22 Down 1

Who pays... on Oct 25, 2017 at 9:28 pm

...you ask? The carrier's insurance

Up 48 Down 2

Mike on Oct 25, 2017 at 6:25 pm

The brakes locked up...who do they expect to believe that? the driver did not have the proper license or training and took the corner too fast. Pacesetter should be held responsible for all the cleanup costs as well as all the wages lost by people unable to get to their jobs on account of their incompetence. the $1265 fine is a joke, and why is there no mention of the second pacesetter spill by Watson lake?

Up 65 Down 5

Groucho d'North on Oct 25, 2017 at 5:57 pm

So a total of 3,403 litres of airplane fuel were spilled, much of which flowed into the Little Takhini River and then into the Yukon River- a potable water source for a number of downstream communities. For this toxic spill the company received fines totalling $1,265, including victim surcharge fees, Taxpayer funds were and will be spent to correct the environmental impacts caused by this spill.
Harken back a few months ago when Tony Beets was fined $31,000 for violating the Yukon Waters Act after a subcontractor poured about a gallon and a half (5.6 litres) of gasoline into a contained pond (no outflow) and another employee set it on fire. No environmental impacts were experienced.
WTF? Is it just me or are these judgments in any way in need of some explanation?

Up 37 Down 9

Fred on Oct 25, 2017 at 5:10 pm

So who pays for the clean up?

Add your comments or reply via Twitter @whitehorsestar

In order to encourage thoughtful and responsible discussion, website comments will not be visible until a moderator approves them. Please add comments judiciously and refrain from maligning any individual or institution. Read about our user comment and privacy policies.

Your name and email address are required before your comment is posted. Otherwise, your comment will not be posted.