A Yukon judge has given an absolute discharge to a truck driver who unhitched one of his two trailers before reporting to the Whitehorse weigh station as instructed.

Darren Mitchell Fehr appeared in territorial court last Monday before Judge Michael Cozens for trial. Fehr represented himself.

Territorial Crown prosecutor Kelly McGill called one witness, Mathias Juvan, a carrier compliance officer at the weigh station. He was working an afternoon shift on Oct. 10, 2018.

He told the court that every commercial truck over 4,500 kg has to check in at the Whitehorse scales. There are signs on the Alaska Highway to inform drivers of this requirement.

Juvan received a phone call at 6:45 p.m. from Fehr on the day in question. Fehr was reporting in at the station in Watson Lake. He noted that Fehr’s truck had an Alberta licence plate.

He explained that trucks with an out-of-territory plate need a fuel permit, which Fehr received in Watson Lake. Juvan testified that he told Fehr he would need to see and stamp the permit in Whitehorse.

He pointed out Fehr was driving a six- or seven- axle truck and towing two trailers, weighing an estimated 40,000 kg.

Fehr’s destination was Whitehorse, with his drop-off point being somewhere in the Mount Sima area.

The issue came up when Fehr appeared at the weigh station with only one of the trailers.

“He had to report in with the weight he came into the territory,” Juvan said.

McGill asked if there are any conditions where truckers don’t have to check in. Juvan said if the truck has a Yukon plate and the driver has a fuel bond, he might not have to request that the driver stop in Whitehorse.

Fehr asked some questions, pointing out his truck did have a Yukon plate. He asked if Juvan noticed that.

Juvan said he did. He added that the trucks can have multiple plates but regardless, Fehr needed the fuel permit.

“It doesn’t make a difference,” Juvan said.

Fehr asked why some of the compliance officers allow him to check in by phone to the Whitehorse station while others insist on reporting in person.

Juvan said he cannot answer for other officers. He said he follows the regulations.

Fehr then took the stand to give his side of the story, reading a prepared statement.

He expressed frustration that some officers allow him to report to the Whitehorse station by phone while others say it has to be in person.

He said he felt Juvan’s behaviour on Oct. 10, 2018 had gone beyond what his duty called for.

He said he has more than 20 years of experience as a commercial driver and has never had an issue.

“I just want to do my job,” Fehr said. “I’m not trying to hide anything whatsoever.”

He pointed out there was no signs on the highway that he had to report to the Whitehorse station before his turnoff near Mount Sima.

Giving closing submissions, McGill said the law is clear that vehicles exceeding 4,500 kg must report to weigh stations before going to their destinations. The regulation states that drivers have to report to the Whitehorse station if they come within 20 km of it.

“It’s very clear in the regulations,” McGill said.

She said Fehr’s destination was 20 km from the Whitehorse station, and he had a duty to report to it in person. She recommended a $300 fine.

Fehr pointed out the Whitehorse station had all the information from the Watson Lake station.

He said he understands that rules and regulations need to be in place, but that information should be provided to drivers.

Cozens accepted these submissions but stated Fehr had still reported to the station without the second trailer. He said if the trucking industry feels these regulations are overkill, it needs to lobby the Yukon government.

The judge said he understood the situation is frustrating. He determined that Fehr cannot rely on an argument that he did not see a sign when he was told on the phone to report in person.

He clarified that he could see Fehr was not trying to avoid the scales but nonetheless did not follow his instructions.

He added nothing may have changed in the weight of the vehicle, but the instruction needed to be followed.

The comments about officers using their discretion differently is not a defence, the judge said.

Cozens explained that Fehr needed to demonstrate due diligence in trying to follow the order.

He stated that Fehr has not provided any information that he had done everything possible to comply with Juvan’s instructions but was unable to due to circumstances beyond his control.

Cozens said he had no choice but to convict Fehr in this circumstance.

Fehr asked the court for some leniency, saying a conviction could negatively impact his ability to work. He added that since the incident, he has reported to the weigh station without issue.

He added there is no ill will between himself and Juvan.

Cozens was prepared to offer Fehr the absolute discharge, finding it to be in Fehr’s and the public’s best interests.

He pointed out that the facts of this case were not egregious, and believed the discharge was sufficient for deterrence.