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CVOR Safety Manual

The Ministry of Transportation of Ontario is responsible for the province’s highways and
is committed to making them safe, efficient and high quality. In support of this goal, the
Commercial Safety and Compliance Branch of the ministry has prepared this guide to
assist commercial truck and bus operators in understanding the legislative requirements
they are to meet in order to be safe and compliant on Ontario’s highways.
The use of this guide should increase knowledge of the provincial safety requirements
resulting in a more efficient and safe operation of truck and bus operators.
This guide is also the STUDY GUIDE for the Commercial Vehicle Operator’s
Registration (CVOR) written test. The CVOR test must be completed prior to obtaining
a CVOR certificate. See details in Module 4 – CVOR.
The test is based on information included in this manual. Even if some sections do not
apply to specific operators, it is important to read all materials in the manual prior to
taking the test.
When preparing for the CVOR test, the following modules are recommended to be
reviewed. Additionally, the appendices of this manual are intended for future reference
and are not included in the test questions.
Module 4 – CVOR
Module 5 – Ontario Specific Enforcement Issues
Module 7 – Safety Programs, Record Keeping and Driver Files
Module 8 – Preventive Maintenance, Record Keeping and Vehicle Files
Module 9 – Hours of Service
Please note: the CVOR test is not only based on these modules; however, it may assist
with focusing your study time.
Table of Contents
Module 1 – Introduction
Module 2 – Getting Started
Module 3 – National Safety Code
Module 4 – Commercial Vehicle Operator’s Registration
Module 5 – Ontario Specific Enforcement Issues
Module 6 – Facility Audit and Operator Monitoring and Intervention
Module 7 – Safety Programs Record Keeping and Driver Files
Module 8 – Preventive Maintenance, Record Keeping and Vehicle Files
Module 9 – Hours of Service
Module 10 – Dangerous Goods
Module 11 – Vehicle Weights and Dimensions
Module 12 – Driver and Vehicle Licensing
Module 13 – Passenger Transportation Services
Module 14 – Cargo Securement
Module 15 – Terms of Reference
Introduction – September 2022 1
Commercial Vehicle Operators’ Safety Manual
Module 1 – Introduction
Overview …………………………………………………………………………………………………………. 2
Purpose of this Guide ………………………………………………………………………………………… 3
Intended Users …………………………………………………………………………………………………. 5
Highlight of Modules Available in this Manual ……………………………………………………….. 6
Introduction – September 2022 2
Overview
The Commercial Safety and Compliance Branch of the Ministry of Transportation of
Ontario has prepared this guide to assist and ensure that truck and bus companies
(commercial vehicle operators) operate safely and are compliant with the regulations
that govern highway use. Ontario, other provinces, the Government of Canada and the
transportation industry developed the rules and regulations to help reduce the number
and severity of collisions. Each jurisdiction has used the National Safety Code
standards as guides in drafting their own transportation safety legislation. This approach
promotes uniformity across Canada and helps to ensure that the transportation industry
remains as viable and sustainable as possible.
This guide applies to Ontario operators of commercial motor vehicles that are:
▪ Trucks, tractors, mobile equipment vehicles or trailers and/or any combination of
these vehicles that have a registered gross weight or actual weight of more than
4,500 kilograms
▪ Tow trucks, regardless of registered gross weight or actual weight
▪ Buses with a manufactured seating capacity of 10 persons or more, excluding
the driver
▪ Accessible vehicles and school purposes vehicles, depending upon use
The guide contains several modules, each dealing with a specific topic. To get a
complete picture of compliance requirements, you should obtain the complete guide. If
you intend to use certain parts of this guide only (for example, Module 1, “Getting
Started”) it is recommended that you also obtain the modules “Introduction” and
“Commercial Vehicle Operator’s Registration.

This is a guide only and is not meant to be a substitute for the relevant statutes
and regulations. This guide highlights some important legal provisions but is not
an exhaustive description of all the laws that apply.
Introduction – September 2022 3
Purpose of this Guide
Ontario highways are shared by the public and by commercial vehicles of all
descriptions. Motorists have become more and more concerned about safety as a
result of increasing numbers of vehicles using the highways. This increase, especially
of heavier vehicles, contributes significantly to the wear and tear of the highway
infrastructure.
The Ministry of Transportation of Ontario is responsible for the province’s highways, and
is committed to making them safe, efficient and high quality. In support of that, the
Commercial Safety and Compliance Branch of the ministry has prepared this guide to
assist commercial truck and bus operators to operate safely and to be compliant with
the legislation that governs highway use.
The main reason for developing this guide is to help operators and drivers operate
commercial motor vehicles efficiently and safely by understanding and complying with
Ontario’s legislative requirements. The use of this guide should increase compliance
with safety requirements, resulting in a more efficient and safe operation.
Specifically, this guide was developed to:
▪ STUDY GUIDE: Provide information for the Commercial Vehicle Operator’s
Registration (CVOR) written test. The CVOR test must be completed prior to
obtaining a CVOR certificate. See details in Module 4 – CVOR
▪ Help existing and future drivers, managers and operators of truck and bus
companies understand applicable legislation and safe operating procedures
▪ Encourage operators to abide by the legislation and to implement safe operating
procedures
▪ Provide resources and contact information to current and future operators in
Ontario, Canada and the United States
▪ Increase cooperation and understanding between industry and government
▪ Help operators develop, update and implement their safety and maintenance
programs
▪ Provide direction and information for new drivers and operators in the industry
Introduction – September 2022 4
This guide will assist operators in complying with the legislation and related regulations
as follows:
▪ Highway Traffic Act (Ontario)
▪ Transportation of Dangerous Goods Act (Canada)
▪ Dangerous Goods Transportation Act
▪ Compulsory Automobile Insurance Act
▪ Public Vehicles Act
▪ Fuel Tax Act
This guide is not meant to be a substitute for this legislation. Copies of the relevant acts
and regulations for Ontario are available at no cost from the Ontario e-Laws website.
Copies of the federal legislation are available from the federal government.
Print Version of the Commercial Vehicle Operators’ Safety Manual
A copy of the complete Commercial Vehicle Operators’ Safety manual can be saved or
printed. The ministry does not produce printed versions of this manual.
Introduction – September 2022 5
Intended Users
This guide is intended to assist:
▪ New operators in the highway transportation industry, including but not limited to,
trucks that have a registered gross weight or actual weight of over 4,500
kilograms, and buses that can carry 10 or more passengers (excluding the driver)
▪ Tow truck operators
▪ New operators preparing to complete the Commercial Vehicle Operator’s
Registration (CVOR) written test.
▪ Existing operators who need to have a clear understanding of their
responsibilities, relevant acts, regulations and requirements
▪ Truck and bus operators who transport dangerous goods or have a specific
requirement covered in this guide
▪ Maintenance staff who repair, maintain and test-drive commercial vehicles
▪ Safety officers responsible for ensuring the safe operation of commercial vehicles
and driver safety
▪ Staff responsible for ensuring that administrative procedures are identified and
used
▪ Company management seeking to comply with legislative requirements
Introduction – September 2022 6
Highlight of Modules Available in this Manual

Title Description

1 Introduction Outline of the purpose of the Commercial Vehicle Operators’ Safety
Manual and the intended users.
2 Getting Started Provides a summary of some of the items to consider when setting up a
truck or bus business, including:

  • writing a business plan
  • International Registration Plan (IRP)
  • International Fuel Tax Agreement (IFTA)
    3 National Safety Code Provides a list of relevant standards and a summary of the 16 National
    Safety Codes for Canada and how they are adopted in Ontario.
    4 Commercial Vehicle
    Operator’s Registration
    Provides a summary of the requirements under the Commercial Vehicle
    Operator’s Registration (CVOR).
    Identifies who needs to obtain a CVOR certificate and how to apply and
    how a carrier safety rating is calculated.
    5 Ontario Specific
    Enforcement Issues
    Provides information on enforcement issues that are specific to Ontario,
    including:
  • Commercial Vehicle Impoundment Program (CVIP)
  • Speed Limiters
    6 Facility Audit and Operator
    Monitoring and Intervention
    Provides details on how Ontario monitors, audits and applies sanctions to
    operators who are not meeting their safety requirements.
    7 Safety Programs Record-
    Keeping and Driver Files
    Provides best practices of record-keeping, hiring staff and developing a
    safety program.
    Outlines the record-keeping requirements for driver files.
    8 Preventive Maintenance,
    Record- Keeping and
    Vehicle Files
    Provides details, sample report and requirements for vehicle maintenance
    and inspections. Includes:
  • Daily, annual, semi-annual and CVSA inspection
  • Safety standards certificates
  • Preventive maintenance
  • Out-of-province and US operators
    9 Hours of Service Describes Ontario requirements related to reducing driver fatigue.
    Outlines driving limitations, record-keeping requirements and an
    operator’s responsibilities to be proactive and reactive with the monitoring
    of their drivers.
    10 Dangerous Goods Provides an overview of dangerous goods, including identifying them,
    training staff, safety requirements and information, and emergency
    contacts.
    11 Vehicle Weights and
    Dimensions
    Describes weight and dimensions limitations for vehicles and the
    oversize/overweight permit process.
    12 Driver and Vehicle
    Licensing
    Provides an overview of vehicle registration requirements and driver-
    licensing requirements.
    Introduction – September 2022 7

Title Description

13 Passenger Transportation
Services
Provides a high-level overview of operating-authority requirements.
14 Cargo Securement Provides an overview of the directive to secure a vehicle’s cargo, including
securing devices, requirements and commodity-specific applications.
Getting Started – September 2022 8
Commercial Vehicle Operators’ Safety Manual
Module 2– Getting Started
Overview …………………………………………………………………………………………………………. 9
Getting Started – Learning Objectives………………………………………………………………… 10
Starting Your Business – and the Business Plan …………………………………………………. 11
MUNICIPAL GOVERNMENT ………………………………………………………………………………………………………….. 12
PROVINCIAL GOVERNMENT ………………………………………………………………………………………………………… 13
FEDERAL GOVERNMENT ……………………………………………………………………………………………………………. 14
International Registration Plan (IRP) ………………………………………………………………….. 15
REGISTERING WITH IRP…………………………………………………………………………………………………………….. 15
IRP APPLICATION PROCESS ………………………………………………………………………………………………………. 16
International Fuel Tax Agreement (IFTA) ……………………………………………………………. 18
WHEN TO REGISTER WITH IFTA? ………………………………………………………………………………………………… 18
REGISTERING WITH IFTA …………………………………………………………………………………………………………… 18
Helpful Links …………………………………………………………………………………………………… 20
Getting Started – September 2022 9
Overview
The Commercial Safety and Compliance Branch of the Ministry of Transportation of
Ontario has prepared this guide to assist and ensure that truck and bus companies
(commercial vehicle operators) operate safely and are compliant with the regulations
that govern highway use. Ontario, other provinces, the Government of Canada and the
transportation industry developed the rules and regulations to help reduce the number
and severity of collisions. Each jurisdiction has used the National Safety Code
standards as guides in drafting their own transportation safety legislation. This approach
promotes uniformity across Canada and helps to ensure that the transportation industry
remains as viable and sustainable as possible.
This guide applies to Ontario operators of commercial motor vehicles that are:
▪ Trucks, tractors, mobile equipment vehicles or trailers and/or any combination of
these vehicles that have a registered gross weight or actual weight of more than
4,500 kilograms
▪ Tow trucks, regardless of registered gross weight or actual weight
▪ Buses with a manufactured seating capacity of 10 persons or more, excluding
the driver
▪ Accessible vehicles and school purposes vehicles, depending upon use
The guide contains several modules, each dealing with a specific topic. To get a
complete picture of compliance requirements, you should obtain the complete guide. If
you intend to use certain parts of this guide only (for example, Module 1, “Getting
Started”) it is recommended that you also obtain the modules “Introduction” and
“Commercial Vehicle Operator’s Registration.

This is a guide only and is not meant to be a substitute for the relevant statutes
and regulations. This guide highlights some important legal provisions but is not
an exhaustive description of all the laws that apply.
Getting Started – September 2022 10
Getting Started – Learning Objectives
As you work through this module, you will be able to:
✓ Review information about, and consider writing, a business plan.
✓ Obtain information and requirements from the three levels of
government – municipal, provincial and federal.
✓ Apply to be a registrant in the International Registration Plan (IRP).
✓ Report fuel taxes when operating in different jurisdictions under the
International Fuel Tax Agreement (IFTA).
✓ Understand some of the items to consider when setting up a truck or bus
business. It is important to do as much in-depth research as possible on
each of these items before getting on the road.
For information on how to apply for a Commercial Vehicle Operator’s Registration
(CVOR) certificate see Module 4.
Getting Started – September 2022 11
Starting Your Business – and the Business Plan
Doing a bit of research, deciding what you really want to do, and putting that in a
business plan will guide you toward success. Your business plan will also be useful if
you require assistance from bankers, accountants and lawyers.
There are many resources available to help you write a business plan. These are
available from libraries, bookstores or the Ontario government website for business and
economy.
You can use these resources to write your own plan, or you could hire a professional to
help you. Whatever you decide to do, initially at least, your business plan should be
fairly simple and easily updated.
Once you have a clear idea of what you will be doing, you will need to set up the
business. In Ontario, businesses can be set up based upon your circumstances, such
as sole proprietorship, partnership, or limited (incorporated entity) company. Each of
these has different setup procedures, legal requirements and financial consequences.
Since you may eventually need a legal representative to set up your business, it is
worthwhile discussing with a lawyer the type of business that meets your needs.
Financial accounting is very important for the successful operation of any business. As
part of preparing your business plan, you should consult an accountant to discuss
financial record- keeping, business forms, choosing an appropriate year-end, tax and
other records, as well as accounting fees.
In summary, you should:
▪ Talk to your banker about the bank’s requirements.
▪ Talk to your accountant about accounting requirements.
▪ Set up your company using the services of a lawyer.
▪ Develop a business plan.
You may also decide to do all of the above on your own. For most people, this is a real
challenge. It will take you away from your core business activities and use up valuable
time. Spending a few hundred dollars working with your accountant and a legal firm
may be well worth it.
The Canadian Business Network website offers links to tools and guides
designed to assist you with developing your business idea, preparing a business
plan, assessing your entrepreneurial qualities – as well as providing an overview
of the benefits and challenges of owning a small business.
Getting Started – September 2022 12
Starting a Business
There are several tools and resources available to ensure that you have all the
requirements to operate your business. The following sources will help you identify:
permit requirements, tax accounts, employee payroll deductions, insurance
requirements, registering your business and so on.
Requirements specific to truck and bus operators are outlined in future modules of this
guide, such as “Commercial Vehicle Operator’s Registration.”
When you are starting a new business, it is recommended that you investigate your
requirements at all levels of government – municipal, provincial/territorial and federal.
As a commercial motor vehicle operator, you also should be knowledgeable of the
requirements for the jurisdictions in which you operate.
What follows are sources and links to assist new business owners.
Municipal Government
Each municipal government (city, town or county/rural municipality) has the authority to
issue its own business licences within its jurisdiction. Since each municipality differs,
you should consult with officials to decide how your business will be affected by local
regulations, taxation, licences or zoning requirements. You may also need to obtain
licences in municipalities in which you are not located but carry on business.
Depending upon the type of business you have, other regulations may apply:
health and safety, fire, transportation, environmental legislation, labour laws and
so on. For more information on municipal regulations and licences, contact the
clerk of the city, town, village or rural municipality where you plan to do business.
The telephone numbers are available in the telephone book or through directory
assistance.
Getting Started – September 2022 13
Provincial Government
To assist new or future business owners, Ontario has a web section called Business
and Economy.
Starting a Business
▪ Planning a Business
▪ Understanding the Marketplace
▪ Registering a Business
▪ Obtaining Financing
▪ Getting Permits and Licences
▪ Hiring and Managing Staff
▪ Developing Facilities and Property
Operating a Business
▪ Marketing and Selling
▪ Researching, Growing and Innovating
▪ Greening Your Business
▪ Finding Legal Services
▪ Filing Taxes and Tax Information
▪ Incorporating Your Business
▪ Selling to Government
▪ Exiting a Business
Ontario Ministry of Finance provides tools for tax requirements.
Ontario Ministry of Labour provides tools for employees, including employment
standards and health and safety.
Getting Started – September 2022 14
Federal Government
New or future business owners can find assistance from the federal government with its
information online at Canadian Business Networks
Starting a Business
▪ Is Entrepreneurship for You?
▪ Developing Your Ideas
▪ Developing Your Business Plan
▪ Business Name and Registration
▪ Buying a Business
▪ Forms of Business Organization
▪ Financing Your Business
▪ Choosing and Setting Up a Location
▪ Checklists and Guides for Starting a Business
About Canadian Business
▪ Starting a Business
▪ Growth and Innovation
▪ Grants and Finances
▪ Taxes
▪ Regulations, Licences and Permits
▪ Export, Import and Foreign Investment
▪ Hiring and Managing Staff
▪ Business Planning
▪ Management and Operations
▪ Market Research and Statistics
▪ Marketing and Sales
Getting Started – September 2022 15
▪ Selling to Government
▪ Copyright and Intellectual Property
▪ Environment and Business
▪ Exiting Your Business
Revenue Canada has additional tools for tax requirements and wage deduction
including a publication called RC4070 Guide for Canadian Small Businesses. See the
Canada Revenue Agency website for more information.
International Registration Plan (IRP)
IRP is a North American agreement for the distribution of commercial vehicle
registration fees. Operators with Ontario-plated vehicles operating in other jurisdictions
can apply through the Ministry of Transportation of Ontario prorate offices for
registration in other Canadian provinces or territories, or in individual states of the US.
Ontario implemented IRP on April 1, 2001. With the exception of charter or tour buses,
all operators travelling outside Ontario with vehicles having a gross vehicle weight in
excess of 11,793 kilograms or more than three axles, regardless of weight, should
register in IRP. Otherwise, these operators will have to purchase separate trip permits
to travel outside Ontario.
Charter or tour buses have full and free vehicle registration reciprocity in most states
and provinces. For this reason, these bus operators have the option of registering in
IRP or operating with only their home province/territory registration. Operators should
check to see if the jurisdiction(s) they will be travelling into or through grant charter- or
tour-bus reciprocity. Buses that operate in inter-jurisdictional, line-run (scheduled)
services must register in IRP.
The IRP provides blanket registration for trucks and buses as an alternative to individual
reciprocity agreements, and distributes truck and bus registration fees among member
jurisdictions based on the number of kilometres operators travel in other jurisdictions.
Vehicles will have one licence-plate and registration document (cab card), which allows
travel in all jurisdictions noted on the card.
Registering with IRP

  • One registration to operate in the provinces and states
  • One province or state to deal with for the IRP licence and to remit registration
    fees
  • One province or state that collects the registration fees and distributes the fees to
    all IRP provinces and states
    Getting Started – September 2022 16
    IRP Application Process
    Operators may hand in or fax IRP applications to their local prorate offices. Once they
    receive an application, it will be processed and a fee notice will be sent to the operator.
    If changes are required, the operator should contact the prorate office and send in a
    revised application. Once the operator is satisfied with the application, payment can be
    made to the local prorate office. Credentials will be given in person to the operator by
    the prorate staff, or sent to the operator by mail. Courier service is available at the
    expense of the operator. Any original documents required for the transaction must be
    made available to the prorate office before the credentials are released.
    Under the IRP, an operator files an application in their home jurisdiction. The IRP
    agreement allows the base jurisdiction to collect the registration fees for the other IRP
    jurisdictions. These fees are based upon mileage and weight information submitted by
    the operator.
    The base jurisdiction issues cab cards for each vehicle. The cab card is the only
    licence credential needed to operate a vehicle in all the member IRP jurisdictions. It
    lists all the IRP jurisdictions and corresponding weights that the operator has requested.
    All member IRP jurisdictions are required to comply with the following three basic
    concepts:
  1. Issuance of an apportioned licence plate
  2. Issuance of a single registration document (or cab card)
  3. Allowance to operate within or between jurisdictions
    An IRP apportioned registration does NOT:
    ▪ Exempt an operator from the payment of motor-fuel taxes in any province or
    state
    ▪ Exempt an operator from obtaining a bus operating authority licence and/or a
    Commercial Vehicle Operator’s Registration
    ▪ Permit an operator to exceed maximum height, length, width and axle limitations
    Information and registration forms are available through the Ministry of Transportation of
    Ontario website.
    Getting Started – September 2022 17
    Getting Started – September 2022 18
    International Fuel Tax Agreement (IFTA)
    The province of Ontario is a member of IFTA. This agreement among Canadian
    provinces/territories and American states simplifies the reporting of fuel taxes by
    commercial vehicle operators who do business in more than one member
    province/territory or state.
    In order to register under IFTA, the minimum registered gross vehicle-weight
    requirement is more than 11,797 kilograms (26,000 pounds) or a unit with three or more
    axles, regardless of weight.
    When to Register with IFTA?
    You should register for IFTA with Ontario if:
  4. Your commercial vehicles are considered a qualified motor vehicle. This means
    a motor vehicle used for business purposes and
    o has three or more axles, or
    o weighs more than 11,797 kilograms (vehicle or vehicle and trailer).
    For full details, refer to the definition of qualified motor vehicle.
  5. You have an established place of business in Ontario where you maintain
    operational control of your qualified motor vehicles.
  6. You keep records for your qualified motor vehicles in Ontario or make these
    records available to the Ontario Ministry of Finance.
  7. Your qualified motor vehicles travel in Ontario and at least one other province or
    state.
    Registering with IFTA
  • One fuel-use licence to operate in the provinces and states
  • One province or state to deal with for the IFTA licence and to report motor fuel
    taxes
  • One province or state that collects the motor fuel taxes from you and distributes
    the taxes to all IFTA provinces and states based on distance travelled
    Getting Started – September 2022 19
    The Ontario ministries of Transportation and Finance have established an industry
    advisory committee for IRP and IFTA. This group is composed of representatives from
    the Ontario Trucking Association, the Ontario Motor Coach Association, the Private
    Motor Truck Council of Canada, permitting agencies, private trucking firms and
    representatives from both ministries. The committee meets when needed to discuss
    issues regarding IRP service delivery in Ontario.
    Information is available from the Ministry of Finance website or by calling 1-866-ONT-
    TAXS (1-866-668-8297) or TTY: 1-800-263-7776.
    Getting Started – September 2022 20
    Helpful Links
    Basic Travellers Information such as: interactive maps, road maps, weather
    conditions, construction, border information etc. can be found on the MTO website:
    www.mto.gov.on.ca/english/traveller/
    Border Wait Times can be found on the Canadian Border Services Agencies website:
    www.cbsa-asfc.gc.ca/bwt-taf/menu-eng.html
    Free and Secure Trade information can be found on the Canadian Border Services
    Agencies website: www.cbsa-asfc.gc.ca/prog/fast-expres/menu-eng.html
    Other Canadian Sites
    Transport Canada
    Ontario provincial government
    British Columbia provincial government
    Alberta provincial government
    Saskatchewan provincial government
    Manitoba provincial government
    Quebec Provincial government
    Newfoundland and Labrador provincial government
    Nova Scotia provincial government
    New Brunswick provincial government
    Prince Edward Island provincial government
    Northwest Territories government
    Yukon territorial government
    Nunavut territorial government
    Canadian Council of Motor Transportation Administrators (CCMTA)
    Getting Started – September 2022 21
    US Sites
    US Department of Transportation
    Federal Motor Carrier Safety Administration
    National Highway Traffic Safety Administration
    Insurance Institute for Highway Safety
    Federal Highway Administration
    Ontario Legislation and the National Safety Code – September 2022 22
    Commercial Vehicle Operators’ Safety Manual
    Module 3 – Ontario Legislation and the National
    Safety Code
    Overview ……………………………………………………………………………………………………….. 23
    Ontario Legislation and NSC – Learning Objectives …………………………………………….. 24
    Important Acts and Regulations ………………………………………………………………………… 25
    ONTARIO LEGISLATION ……………………………………………………………………………………………………………… 25
    FEDERAL LEGISLATION ……………………………………………………………………………………………………………… 26
    INTERNATIONAL AGREEMENTS ……………………………………………………………………………………………………. 26
    COPIES OF LEGISLATION AND REGULATIONS………………………………………………………………………………….. 26
    The National Safety Code (NSC) and Provincial Legislation ………………………………….. 27
    Ontario Legislation and the National Safety Code – September 2022 23
    Overview
    The Commercial Safety and Compliance Branch of the Ministry of Transportation of
    Ontario has prepared this guide to assist and ensure that truck and bus companies
    (commercial vehicle operators) operate safely and are compliant with the regulations
    that govern highway use. Ontario, other provinces, the Government of Canada and the
    transportation industry developed the rules and regulations to help reduce the number
    and severity of collisions. Each jurisdiction has used the National Safety Code
    standards as guides in drafting their own transportation safety legislation. This approach
    promotes uniformity across Canada and helps to ensure that the transportation industry
    remains as viable and sustainable as possible.
    This guide applies to Ontario operators of commercial motor vehicles that are:
    ▪ Trucks, tractors, mobile equipment vehicles or trailers and/or any combination of
    these vehicles that have a registered gross weight or actual weight of more than
    4,500 kilograms
    ▪ Tow trucks, regardless of registered gross weight or actual weight
    ▪ Buses with a manufactured seating capacity of 10 persons or more, excluding
    the driver
    ▪ Accessible vehicles and school purposes vehicles, depending upon use
    The guide contains several modules, each dealing with a specific topic. To get a
    complete picture of compliance requirements, you should obtain the complete guide. If
    you intend to use certain parts of this guide only (for example, Module 1, “Getting
    Started”) it is recommended that you also obtain the modules “Introduction” and
    “Commercial Vehicle Operator’s Registration.”
    This is a guide only and is not meant to be a substitute for the relevant statutes
    and regulations. This guide highlights some important legal provisions but is not
    an exhaustive description of all the laws that apply.
    Ontario Legislation and the National Safety Code – September 2022 24
    Ontario Legislation and NSC – Learning Objectives
    As you work through this module, you will be able to:
    ✓ Access the regulations under the Highway Traffic Act that affect commercial
    vehicle operators.
    ✓ Know how the NSC standards are applied and enforced in Ontario.
    ✓ Describe how the NSC relates to provincial and federal legislation.
    ✓ Describe the 16 standards of the NSC.
    Ontario Legislation and the National Safety Code – September 2022 25
    Important Acts and Regulations
    Several legal acts affect a commercial vehicle operator. It is important to be familiar
    with these acts and with their regulations. Some are federal and apply all across
    Canada. Others are provincial and apply only in Ontario. Many regulations are similar
    across Canada and through parts of the United States. But, be aware whenever your
    vehicles are driven into a different province, territory or state that some regulations may
    not be the same on the other side of the border. For more information, visit some of the
    websites for the specific jurisdiction in which you travel.
    See Module 2, “Getting Started,” for a list of helpful links.
    Ontario Legislation
    All drivers, vehicles and roadways within the Province of Ontario fall under the
    Highway Traffic Act (HTA) and its related regulations.
    The regulations that primarily affect commercial vehicle operators include:
  • HTA Regulation 629 (Accessible Vehicles)
  • HTA Regulation 199/07 (Commercial Motor Vehicle Inspections)
  • HTA Regulation 424/97 (Commercial Motor Vehicle Operators’ Information)
  • HTA Regulation 577 (Covering of Loads)
  • HTA Regulation 512/97 (Critical Defects of Commercial Motor Vehicle)
  • HTA Regulation 340/94 (Drivers’ Licences)
  • HTA Regulation 587 (Equipment) (Includes Speed Limiters)
  • HTA Regulation 596 (General)
  • HTA Regulation 555/06 (Hours of Service)
  • HTA Regulation 601 (Motor Vehicle Inspection Stations)
  • HTA Regulation 611 (Safety Inspections) (Includes On-Road Standards)
  • HTA Regulation 612 (School Buses)
  • HTA Regulation 363/04 (Security of Loads)
  • HTA Regulation 618 (Specifications and Standards for Trailer Couplings)
    Ontario Legislation and the National Safety Code – September 2022 26
  • HTA Regulation 625 (Tire Standards and Specifications)
  • HTA Regulation 628 (Vehicle Permits)
  • HTA Regulation 341/94 (Driver Licence Examinations)
  • HTA Regulation 413/05 (Vehicle Weights and Dimensions)
  • Dangerous Goods Transportation Act
  • Compulsory Automobile Insurance Act
    Federal Legislation
  • Motor Vehicle Transport Act (MVTA), 1987, T-6 RSA 2000
  • MVTA Commercial Vehicle Drivers Hours of Service Regulations, 2005,
    SOR/2005-313
  • Motor Vehicle Safety Fitness Certificate Regulation, SOR/2005-180
  • Transportation of Dangerous Goods Act
    International Agreements
  • International Fuel Tax Agreement
  • International Registration Plan
    Copies of Legislation and Regulations
    Copies of the Highway Traffic Act and related Ontario regulations are available at
    no cost on the e-laws website.
    Ontario Legislation and the National Safety Code – September 2022 27
    The National Safety Code (NSC) and Provincial Legislation
    Ontario, other provinces/territories, the Government of Canada and the transportation
    industry developed the NSC to help reduce the number and severity of collisions. Each
    jurisdiction is encouraged to use the NSC standards as guides in drafting their own
    transportation safety legislation. This approach promotes uniformity across Canada and
    helps to ensure that the transportation industry remains as viable and sustainable as
    possible.
    It is important to note that the provincial legislation and applicable federal legislation
    directs operators within each province, not the NSC standards.
    A complete copy of the standards is available on the Canadian Council of Motor
    Transport Administrators website.
    NSC Standards and the Ontario Highway Traffic Act
    The following NSC standards are listed with the applicable Ontario act and
    regulation. This information is included to help you know and understand how
    each standard is applied in Ontario.
    NSC Standard #1 – Single Driver Licence Concept
    A standard implemented by all jurisdictions that makes it an offence for a driver to hold
    more than one licence. In addition, a series of administrative procedures has been
    agreed upon to ensure driving infractions are assigned to a single licence and record.
    Regulated in Ontario by:
    ▪ Highway Traffic Act
    ▪ HTA; Drivers’ Licences; O. Reg 340/94
    NSC Standard #2 – Knowledge and Performance Tests (Drivers)
    A standard that sets out the process for standardized testing of commercial drivers and
    includes the criteria for both written and road tests. It also identifies the key elements
    that will be evaluated by government officials charged with administering the tests.
    Regulated in Ontario by:
    ▪ HTA
    ▪ HTA; Drivers’ Licence Examinations; O. Reg 341/94
    Ontario Legislation and the National Safety Code – September 2022 28
    NSC Standard #3 – Driver Examiner Training Program
    A standard designed to upgrade the skills and knowledge of driver examiners and
    ensure that they are consistent across Canada.
    Regulated in Ontario by:
    ▪ HTA
    ▪ HTA; Drivers’ Licence Examinations; O. Reg 341/94
    NSC Standard #4 – Classified Driver Licensing System
    A standard that renders a more uniform classification and endorsement system for
    driver licences and ensures that a licence issued in one province/territory is recognized
    in all provinces/territories.
    Regulated in Ontario by:
    ▪ HTA
    HTA; Drivers’ Licences; O. Reg 340/94
    This regulation establishes the 12 classes of driver licences in Ontario: A, B, C, D, E, F,
    G, G1, G2, M, M1 and M2. The endorsement information explains requirements for
    specific supplementary driver qualifications.
    NSC Standard #5 – Self-Certification Standard and Procedures
    A standard outlining the criteria that must be met to permit operators and driver-
    training schools to train commercial drivers.
    Regulated in Ontario by:
    ▪ HTA
    ▪ HTA; Licences for Driving Instructors and Driving Schools; O. Reg. 473/07
    This regulation establishes the training and driver-testing requirements for
    operators and driving schools.
    NSC Standard #6 – Medical Standards for Drivers
    These are the medical standards for drivers from the Canadian Council of Motor
    Transport Administrators. Initially Standard #6 of the National Safety Code for Motor
    Carriers, they set the medical criteria used to establish whether drivers are medically fit
    to drive. This standard addresses both private and commercial drivers.
    Ontario Legislation and the National Safety Code – September 2022 29
    Regulated in Ontario by:
    ▪ HTA
    ▪ HTA; Drivers’ Licences; O. Reg 340/94
    This regulation establishes the initial medical requirements for each class of
    driver’s licence and also the requirements for periodic re-examinations.
    NSC Standard #7 – Carrier and Driver Profiles
    A standard that is designed to provide jurisdictions with a record of driver and operator
    performance in terms of compliance with safety rules and regulations. This standard
    supports enforcement activity to remove unsatisfactory drivers and operators from
    service, and identifies the type of information that will be maintained about each
    commercial driver and operator.
    Regulated in Ontario by:
    ▪ HTA
    ▪ HTA; Commercial Motor Vehicle Operators’ Information; O. Reg. 424/97
    This legislation establishes the minimum list of requirements in each jurisdiction’s
    control system, including records of infractions, collisions, on-road inspections
    and facility audits. The information is exchanged among Canadian jurisdictions
    to obtain complete operator profiles.
    NSC Standard #8 – Short-Term Suspensions
    A standard that describes the criteria for placing a driver out of service on a
    short-term (24-hour) basis when a peace officer has reasonable and probable
    grounds to believe the driver’s ability is affected by alcohol, drugs or fatigue.
    Regulated in Ontario by regional and provincial police.
    This legislation provides for the suspension of a driver’s licence for up to 24
    hours when the driver’s ability to operate a vehicle is impaired by alcohol, fatigue
    or drugs.
    NSC Standard #9 – Hours of Service
    A standard that describes the number of hours a driver can be on duty and operate a
    commercial vehicle. It outlines the requirement to complete daily logs, describes the
    various cycles of operation and sets out driver and operator record-keeping
    requirements.
    Ontario Legislation and the National Safety Code – September 2022 30
    Regulated in Ontario by:
    ▪ HTA
    ▪ HTA; Hours of Service; O. Reg. 555/06
    ▪ MVTA; Commercial Vehicle Drivers Hours of Service Regulation, (Federal),
    SOR/2005-313
    This legislation establishes a commercial driver’s allowed hours of service while
    travelling within Ontario and when crossing into other Canadian and US
    jurisdictions.
    NSC Standard #10 – Cargo Securement
    A standard that outlines the specific requirements for securing loads to
    commercial vehicles, to ensure they do not shift, move or spill onto the roadway.
    Regulated in Ontario by:
    ▪ HTA
    ▪ HTA; Security of Loads; O. Reg. 363/04
    This regulation establishes the minimum requirements for securing loads.
    NSC Standard #11B – Commercial Vehicle Maintenance and Inspection Standards
    A standard that outlines maintenance and periodic inspections.
    Regulated in Ontario by:
    ▪ HTA
    ▪ HTA; Safety Inspections; O. Reg. 611
    ▪ HTA; Motor Vehicle Inspection Stations; O. Reg. 601
    These regulations establish the minimum standards for the periodic inspection of
    commercial vehicles. Detailed procedures were developed by a task force of
    government and industry representatives.
    Ontario Legislation and the National Safety Code – September 2022 31
    NSC Standard #12 – Commercial Vehicle Safety Alliance On-Road Inspections
    A standard that contains the on-road inspection criteria from the Alliance.
    Adopted by Ontario
    ▪ HTA, Section 84
    ▪ Commercial Vehicle Drivers Hours of Service Regulation (Federal), SOR/2005-
    313
    These criteria and inspections set the minimum standards for the roadside
    inspection of drivers and vehicles, as established by the Commercial Vehicle
    Safety Alliance. Canada, the US and Mexico have adopted this program as part
    of their on-road enforcement programs. The criteria outline when vehicle and
    driver conditions constitute an imminent hazard and can no longer operate on the
    highway.
    NSC Standard #13 – Trip Inspection
    A standard that prescribes daily trip-inspection requirements.
    Regulated in Ontario by:
    ▪ HTA
    ▪ HTA; Commercial Motor Vehicle Inspections; O. Reg 199/07
    This regulation requires drivers to conduct vehicle inspections and prepare
    vehicle trip- inspection reports, and notify the operator of any defects. The
    operator is then required to repair the reported defects before the vehicle is
    driven on the highway again.
    NSC Standard #14 – Safety Rating
    A standard that establishes the motor carrier safety-rating framework by which each
    jurisdiction assesses the safety performance of operators.
    Regulated in Ontario by:
    ▪ HTA
    ▪ HTA; Commercial Motor Vehicle Operators’ Information; O. Reg. 424/97
    Ontario Legislation and the National Safety Code – September 2022 32
    This regulation establishes an operator’s carrier safety ratings and how sanctions
    are imposed when necessary. This is applied uniformly across Canada.
    Information about the driver and the carrier profile system is exchanged through
    an inter-provincial system. This produces a nationally consistent assessment of
    an operator’s safety rating performance and a way to determine whether that
    performance is adequate to allow continued operation.
    NSC Standard #15 – Facility Audits
    A standard that outlines the audit process used by jurisdictions to determine an
    operator’s level of compliance with all applicable safety standards.
    Regulated in Ontario by:
    ▪ HTA
    ▪ HTA; Commercial Motor Vehicle Operators’ Information; O. Reg. 424/97
    This legislation establishes the requirements for the maintenance of records at an
    operator’s principal place of business, for on-site review and assessment by
    government auditors of the operator’s safety performance and overall compliance with
    NSC standards.
    NSC Standard #16 – First Aid Training
    A voluntary standard outlining the elements that should be included in a basic first-aid
    course for commercial drivers.
    It is recommended that drivers of commercial vehicles complete an approved
    first-aid training and/or an occupational health-and-safety program.
    There is currently no legislative requirement in the HTA to support this standard.
    Commercial Vehicle Operator’s Registration – September 2022 33
    Commercial Vehicle Operators’ Safety Manual
    Module 4 – Commercial Vehicle Operator’s
    Registration
    Overview ……………………………………………………………………………………………………….. 35
    Commercial Vehicle Operator’s Registration – Learning Objectives ……………………….. 36
    Introduction ……………………………………………………………………………………………………. 37
    CVOR Requirements ……………………………………………………………………………………….. 38
    EXEMPTIONS …………………………………………………………………………………………………………………………… 38
    CVOR Written Test………………………………………………………………………………………….. 40
    WHEN SHOULD THE CVOR TEST BE COMPLETED …………………………………………………………………………… 40
    WHO IS REQUIRED TO TAKE THE CVOR TEST ……………………………………………………………………………….. 40
    TIME LIMITS TO COMPLETE ………………………………………………………………………………………………………… 40
    WHERE TO GO ………………………………………………………………………………………………………………………… 40
    WHAT TO BRING ………………………………………………………………………………………………………………………. 40
    HOW TO PREPARE……………………………………………………………………………………………………………………. 41
    CVOR OPERATOR RESPONSIBILITIES ………………………………………………………………………………………….. 42
    CVOR Application …………………………………………………………………………………………… 43
    CVOR APPLICATION REQUIREMENTS ………………………………………………………………………………………….. 43
    RENEWAL OF YOUR CVOR CERTIFICATE ……………………………………………………………………………………… 43
    How the CVOR System Works ………………………………………………………………………….. 44
    JURISDICTIONS OUTSIDE CANADA ……………………………………………………………………………………………….. 44
    LEASE …………………………………………………………………………………………………………………………………… 45
    Reporting CVOR Changes or Errors ………………………………………………………………….. 45
    CORPORATE OFFICERS/DIRECTORS …………………………………………………………………………………………….. 45
    FLEET SIZE/KILOMETRES TRAVELLED…………………………………………………………………………………………… 45
    NAME/ADDRESS ………………………………………………………………………………………………………………………. 45
    THE OPERATOR’S FLEET SIZE …………………………………………………………………………………………………….. 46
    FLEET/KILOMETRIC DATA ………………………………………………………………………………………………………….. 46
    CVOR Abstracts ……………………………………………………………………………………………… 47
    CARRIER CVOR ABSTRACT (LEVEL II) …………………………………………………………………………………………. 47
    COLLISIONS ……………………………………………………………………………………………………………………………. 47
    CONVICTIONS …………………………………………………………………………………………………………………………. 48
    INSPECTIONS ………………………………………………………………………………………………………………………….. 48
    FACILITY AUDITS ……………………………………………………………………………………………………………………… 49
    Ministry Interventions and Sanctions ………………………………………………………………….. 49
    Commercial Vehicle Operator’s Registration – September 2022 34
    POINTS ………………………………………………………………………………………………………………………………….. 49
    INSPECTION OUT-OF-SERVICE RATES ………………………………………………………………………………………….. 50
    Evaluating an Operator’s Performance ………………………………………………………………. 51
    INTERVENTIONS AND SANCTIONS ………………………………………………………………………………………………… 51
    SANCTIONS …………………………………………………………………………………………………………………………….. 52
    VIOLATION RATES ……………………………………………………………………………………………………………………. 52
    Carrier Safety Rating ……………………………………………………………………………………….. 53
    Appendix A – CVOR Formula …………………………………………………………………………… 61
    Appendix B – Threshold Values ………………………………………………………………………… 69
    Commercial Vehicle Operator’s Registration – September 2022 35
    Overview
    The Commercial Safety and Compliance Branch of the Ministry of Transportation of
    Ontario has prepared this guide to assist and ensure that truck and bus companies
    (commercial vehicle operators) operate safely and are compliant with the regulations
    that govern highway use. Ontario, other provinces, the Government of Canada and the
    transportation industry developed the rules and regulations to help reduce the number
    and severity of collisions. Each jurisdiction has used the National Safety Code
    standards as guides in drafting their own transportation safety legislation. This approach
    promotes uniformity across Canada and helps to ensure that the transportation industry
    remains as viable and sustainable as possible.
    This guide applies to Ontario operators of commercial motor vehicles that are:
    ▪ Trucks, tractors, mobile equipment vehicles or trailers and/or any combination of
    these vehicles that have a registered gross weight or actual weight of more than
    4,500 kilograms
    ▪ Tow trucks, regardless of registered gross weight or actual weight
    ▪ Buses with a manufactured seating capacity of 10 persons or more, excluding
    the driver
    ▪ Accessible vehicles and school purposes vehicles, depending upon use
    The guide contains several modules, each dealing with a specific topic. To get a
    complete picture of compliance requirements, you should obtain the complete guide. If
    you intend to use certain parts of this guide only (for example, Module 1, “Getting
    Started”) it is recommended that you also obtain the modules “Introduction” and
    “Commercial Vehicle Operator’s Registration.

    This is a guide only and is not meant to be a substitute for the relevant statutes
    and regulations. This guide highlights some important legal provisions but is not
    an exhaustive description of all the laws that apply.
    Commercial Vehicle Operator’s Registration – September 2022 36
    Commercial Vehicle Operator’s Registration – Learning Objectives
    As you work through this module, you will be able to:
    ✓ Identify which truck and bus companies are required to register for a
    Commercial Vehicle Operator’s Registration (CVOR).
    ✓ Understand your responsibilities as a CVOR holder.
    ✓ Know how to apply for a CVOR and gather the required information.
    ✓ Know when you need to renew your CVOR.
    ✓ Know the fees associated with the CVOR program.
    ✓ Develop an understanding of how the CVOR system works.
    ✓ Develop an understanding of the CVOR abstract.
    ✓ Know how intervention and sanctions are applied to a CVOR holder.
    ✓ Develop an understanding of the Carrier Safety Rating system.
    Commercial Vehicle Operator’s Registration – September 2022 37
    Introduction
    The Commercial Vehicle Operator’s Registration (CVOR) system and the Carrier Safety
    Rating (CSR) program were developed by the Ministry of Transportation as part of
    Ontario’s ongoing commitment to road safety. These programs promote the safe
    operation of trucks and buses on Ontario’s roadways.
    Each operator is responsible for monitoring its CVOR record and the performance
    information it provides, including violation rates, thresholds, audit scores and resulting
    safety rating. The operator should identify and address problem areas in order to
    improve their commercial motor vehicle safety performance.
    The CVOR system is part of the Carrier Safety Rating program. The Ministry of
    Transportation monitors operators and assigns each a safety rating based on several
    factors: collisions, inspections and convictions, as well as the results of facility audits.
    The CVOR system tracks the on-road safety performance of operators of the following
    vehicles:
    ▪ Trucks that have a gross weight or registered gross weight over 4,500 kilograms
    (9,920 lb)
    ▪ Tow trucks, regardless of registered gross weight or actual weight
    ▪ Buses that have a designed seating capacity of 10 or more passengers
    The goal of the CVOR system is to improve road safety for all users of Ontario
    highways by having an effective monitoring and intervention system for operators. Poor
    performance may result in the loss of privileges to operate commercial motor vehicles.
    For more information on the Commercial Vehicle Operator’s Registration program
    contact:
    Carrier Sanctions and Investigation Office
    Ministry of Transportation
    301 St. Paul Street, 3rd Floor
    St. Catharines, ON L2R 7R4
    Tel: 1-800-387-7736 (within Ontario only) or 1-416-246-7166
    Fax: 905-704-2039
    Commercial Vehicle Operator’s Registration – September 2022 38
    CVOR Requirements
    A CVOR certificate is required to operate commercial motor vehicles that are:
    ▪ Plated in Ontario,
    ▪ Plated in the US
    ▪ Plated in Mexico.
    Vehicles that are plated in other Canadian provinces or territories – but not Ontario – do
    not need a CVOR certificate. They require a safety fitness certificate (NSC number)
    from the province or territory in which the vehicle is plated, excluding Quebec that
    require a numéro d’Identification au Registre (NIR).
    Note: For-hire operators of buses, including motor coaches, school buses and school-
    purpose vehicles, or any other motor vehicle including cars, vans and limos may also
    require an operating authority under the Ontario Public Vehicles Act and Motor Vehicle
    Transport Act (Canada). Contact the Ontario Highway Transport Board at (416) 326-
    6732 for more information.
    Ontario confirms the Commercial Vehicle Operator’s Registration (CVOR) status of
    owners of trucks and buses that are required to be operated under the authority of a
    valid CVOR. This will be completed at the time of registration or renewal of the licence
    plate for their truck or bus. If a vehicle is not exempt from the requirement to hold a
    valid CVOR, owners may not be able to attach a licence plate or renew the licence plate
    on the truck or bus.
    Exemptions
    Operators with certain types of vehicles do not need a CVOR certificate. These
    vehicles include:
    ▪ A truck or bus that is plated in another Canadian jurisdiction
    ▪ A truck, other than a tow truck, with a registered gross weight (RGW) and a gross
    weight of 4,500 kilograms or less, whether towing a trailer or not (see
    Determining RGW)
    ▪ A truck or bus leased by an individual for 30 days or less to move their personal
    goods, or to carry passengers at no fare
    ▪ An ambulance, fire apparatus, hearse, casket wagon
    ▪ An unladen truck or bus operating under the authority of a dealer plate or service
    plate
    Commercial Vehicle Operator’s Registration – September 2022 39
    ▪ A bus used for personal purposes without compensation
    ▪ A motor home used for personal purposes
    ▪ A pickup truck used for personal purposes (for more information on personal use
    pickup-truck exemptions, refer to: www.mto.gov.on.ca/english/trucks/commercial-
    vehicle-faq.shtml#a15
    Note: For current exemptions, please refer to the Highway Traffic Act.
    Commercial Vehicle Operator’s Registration – September 2022 40
    CVOR Written Test
    The Ministry of Transportation (MTO) requires all Ontario-based operators who apply for
    a Commercial Vehicle Operator’s Registration (CVOR) certificate to complete a CVOR
    written test. Operators will be required to demonstrate knowledge of Ontario’s safety
    laws by completing this test in person at a DriveTest Centre before MTO will issue a
    CVOR certificate.
    When Should the CVOR Test be Completed
    The CVOR Test is to be completed after MTO has accepted your application for a
    CVOR certificate
    Who is Required to Take the CVOR Test
    The CVOR test must be completed by an individual on behalf of an operator applying
    for the CVOR, that individual is not considered to have successfully completed the
    CVOR test on behalf of any other operator. This individual must be the owner, sole
    proprietor, corporate officer or director of a corporation.
    Time Limits to Complete
    The CVOR test may be attempted as many times as needed; however, the test must be
    successfully completed within six months of MTO accepting the application.
    Where to Go
    The CVOR test must be completed in person at a DriveTest Centre in Ontario. To find
    a DriveTest Centre location near you, visit the DriveTest website.
    What to Bring
    MTO will provide an applicant with an application confirmation letter once an application
    has been processed, outlining your requirement to complete the CVOR test including:
    ▪ How to locate a DriveTest Centre;
    ▪ Who is required to complete the test (owner, sole proprietor, corporate officer or
    director of a corporation listed on your application);
    ▪ What to bring
    o Copy of the application confirmation letter
    o Photo identification
    o Test fee of $32.
    Commercial Vehicle Operator’s Registration – September 2022 41
    Once the CVOR test is successfully completed, DriveTest will notify the MTO and the
    CVOR certificate may be issued. This requires 24-hours to process.
    How to Prepare
    The CVOR test is multi-choice and based on the content of this manual, the
    Commercial Motor Vehicle Operators’ Safety manual.
    You can also prepare by completing the CVOR practice test.
    New applicants are required to complete the CVOR application process and once
    notified by MTO by receipt of an application confirmation letter, complete the test in-
    person at a DriveTest Location.
    You will be required to bring your application confirmation letter from MTO and
    photo identification with you to the DriveTest centre location in order to complete your
    test.
    Note: DriveTest staff will only administer the CVOR test to those identified on the
    application confirmation letter from MTO. This includes the owner, sole proprietor,
    corporate officer or director of a corporation as per the information the applicant
    provided on their application form. DriveTest staff will require photo identification and a
    copy of the MTO application confirmation letter to confirm the identity of the individual
    completing the test.
    If you require a corporate officer or director to be added to your file or require a
    second copy of the application confirmation letter provided by MTO you must
    contact the Carrier Sanctions and Investigation Office.
    Commercial Vehicle Operator’s Registration – September 2022 42
    CVOR Operator Responsibilities
    A CVOR operator is the person or legal entity responsible for the operation of a
    commercial motor vehicle. The operator is responsible for:
    ▪ The conduct of the driver
    ▪ The mechanical safety condition of the vehicle
    ▪ The goods or passengers on the vehicle
    The operator does not necessarily need to be the vehicle owner, but must be able to
    immediately produce a valid CVOR certificate for the legal entity when using vehicles
    that are leased or contracted.
    Operators are responsible for all the drivers and vehicles in their operation. For
    example, these responsibilities include:
    ▪ Employing qualified and licensed drivers
    ▪ Monitoring the safety performance of drivers, including hours of service
    ▪ Resolving driver safety issues when they are identified
    ▪ Keeping vehicles in good, safe condition at all times
    ▪ Ensuring load security
    ▪ Ensuring that daily and annual/semi-annual inspections are completed
    ▪ Keeping records on file (for example, vehicle repairs, kilometres travelled per
    year, annual inspection reports and so on)
    ▪ Notifying the ministry of changes such as name, address, telephone numbers,
    fleet data, kilometric travel, changes in corporate officers and so on
    Among other Provincial & Federal legislative requirements, operators must comply with
    all regulations and legislation under the Highway Traffic Act in order to operate a
    business in Ontario. Failing to comply may result in sanctions or loss of operating
    privileges.
    Commercial Vehicle Operator’s Registration – September 2022 43
    CVOR Application
    To apply for a CVOR certificate, an operator must complete a Commercial Vehicle
    Operator’s Registration certificate application and pay the required fee. Operators can
    print the application form and guidelines
    Operators can also obtain an application form by contacting Carrier Sanctions and
    Investigation Office
    CVOR Application Requirements
    The CVOR application requires information about the operator such as:
    ▪ Type of operation
    ▪ Corporate officers, directors and partners
    ▪ Fleet size
    ▪ Kilometres travelled
    ▪ Authorized signature
    Upon completing the application process, new applicants are required to complete a
    CVOR written test. New Ontario-based applicants must successfully pass the CVOR
    test prior to being issued a CVOR certificate and obtaining the ability to operate on
    Ontario roads.
    Additional documentation may be required for new applicants (for example, articles of
    incorporation, master business licence and so on).
    After the Ministry receives and processes the completed application, the CVOR
    certificate will be mailed to the operator.
    Renewal of Your CVOR Certificate
    CVOR certificates are assigned an expiry date. New applicants for CVOR certificates
    will be assigned an expiry date at time of issuance.
    Annual renewal will be required for all operators, except those with Carrier Safety
    Ratings of “satisfactory” or “excellent”. These operators will be required to renew their
    certificate only every two years.
    Operators will be sent a notice 60 days prior to expiry. An operator that does not renew
    prior to the expiry date is liable to a fine and possibly to imprisonment, under section
    21(2) of the Highway Traffic Act, if one or more of its commercial motor vehicles is
    found operating on an Ontario highway.
    Commercial Vehicle Operator’s Registration – September 2022 44
    How the CVOR System Works
    The CVOR system monitors an operator’s record over a two-year period. This
    automated computer system contains information that includes:
    ▪ Operator information
    ▪ Convictions
    ▪ Reportable collisions
    ▪ Safety inspections (conducted to CVSA criteria)
    ▪ Ministry interventions (for example, letters, interviews, audits and sanctions)
    The CVOR certificate identifies the operator and contains a unique nine-digit
    identification number. A copy of the certificate (or original) must be carried in each
    commercial motor vehicle operated under the CVOR certificate. Operators must
    surrender the certificate for inspection purposes when requested by an MTO
    enforcement officer or police officer.
    Jurisdictions Outside Canada
    Operators of commercial motor vehicles in Ontario that are plated in any jurisdiction
    outside Canada must apply for, and obtain, a CVOR certificate.
    Commercial Vehicle Operator’s Registration – September 2022 45
    Lease
    Where a lease is involved, it must identify both the vehicle and the lessee’s CVOR
    number if the CVOR certificate is not carried in the vehicle. Documented proof of the
    lease must also be carried in the vehicle.
    Reporting CVOR Changes or Errors
    (Current CVOR Registrants)
    Under the Highway Traffic Act (HTA), changes to corporate officers (officers, directors
    or partners), operator name or address must be reported to the ministry within 15 days.
    Changes to shareholders should not be reported.
    The HTA requires that changes to fleet size and kilometres travelled must also be
    reported to the Deputy Registrar. A change that increases or decreases an operator’s
    fleet size by more than 20 percent must be reported within 15 days after the change.
    Updated operator information must also be reported to the Deputy Registrar upon
    receiving a request for this information. Failure to do so could result in charges
    being laid against the operator and is a condition of retaining a CVOR certificate.
    A new certificate will only be issued for changes to the operator name, or if a
    replacement is required due to loss, damage and so on. All name changes require
    proper and legal supporting documentation.
    Corporate Officers/Directors
    If there is a change of corporate officers and/or directors, the operator must contact
    MTO Carrier Sanctions and Investigation Office to have a CVOR update application
    sent to them.
    Fleet Size/Kilometres Travelled
    If there is a change in fleet size or kilometres travelled, the operator must contact MTO
    Carrier Sanctions and Investigation Office to have a CVOR update application sent to
    them.
    Note: Changes to fleet size and rate of travel are not automatically captured through
    the province’s vehicle registration system (for example, licence-plate renewal, permit
    purchase or deletion).
    Name/Address
    Name or address changes for an individual can be made at a driver and vehicle licence-
    issuing office through the vehicle registration system.
    Commercial Vehicle Operator’s Registration – September 2022 46
    Address changes for a corporation can be made at a driver and vehicle licence-issuing
    office.
    Name changes for a corporation must be made through the Licensing Administration
    and Support Office by mail, at Bldg A, 87 Sir William Hearst Ave, Toronto, ON M3M
    0B4, by telephone at (416) 246-7103, or by fax at (416) 235-4414.
    Note: A new CVOR certificate will be issued for name changes, but not for address
    changes.
    The Operator’s Fleet Size
    All commercial motor vehicle’s must be reported as part of an operator’s fleet size
    including all trucks (leased, rented and owned) having a gross weight or registered
    gross weight of more than 4,500 kilograms, all tow trucks and all buses. (A bus is a
    motor vehicle designed to carry 10 or more passengers, not including the driver.)
    Trailers and converter dollies are not counted as part of the fleet size.
    These include:
    ▪ All commercial motor vehicles in an operator’s fleet that are plated in Ontario, the
    US or Mexico
    These do not include:
    ▪ Any commercial motor vehicles in an operator’s fleet that are plated in other
    Canadian jurisdictions
    ▪ Any trailers and trailer converter dollies in an operator’s fleet
    Fleet/Kilometric Data
    The Highway Traffic Act requires operators to report fleet size and travel information to
    the ministry within 15 days after a change in the fleet size of 20 percent greater or less
    than last reported, as well as upon request. If the fleet size or rate of travel fluctuates
    throughout the year, the average rate of travel in Canada for the fleet operating in or
    through Ontario should be reported.
    Operators must maintain records (over a period of up to 24 months) demonstrating the
    kilometres travelled by the trucks and buses in its fleet.
    Operators must report any significant changes in:
    ▪ Total kilometres driven in Ontario
    ▪ Total kilometres driven in all other Canadian jurisdictions
    Commercial Vehicle Operator’s Registration – September 2022 47
    ▪ Total kilometres driven outside of Canada
    Note: For more information on determining fleet size and rate of travel please contact
    MTO Carrier Sanctions and Investigation Office.
    CVOR Abstracts
    A CVOR abstract is a document that displays information about an operator and that
    operator’s safety performance. There are three CVOR abstracts available:
    ▪ Public CVOR Abstract (Level I) is a one-page document available to the
    general public summarizing an operator’s record over a two-year period.
    ▪ Carrier CVOR Abstract (Level II) is available only to the operator or their
    authorized agent, and includes summary data over a two-year period, as well as
    detailed event data for collisions, convictions and inspections for a five-year
    period.
    ▪ CVOR Driver Abstract is a five-year record of collisions associated with a
    conviction of the driver for a safety-related offence, convictions and inspections
    relating to the driver (while operating a commercial motor vehicle in Ontario only).
    The driver-licence status and medical due date are also shown.
    Carrier CVOR Abstract (Level II)
    Collisions, convictions and inspections appear on a Carrier CVOR Abstract (Level II) in
    the following ways:
    Collisions
    Reportable collisions that occurred in Ontario are received by MTO from the police.
    Reportable collisions that occurred in other Canadian jurisdictions are reported by those
    jurisdictions via a Canada-wide, data-exchange system. Only those out-of-province
    collisions that occurred after April 1, 2007, will appear on a carrier abstract. A
    “reportable accident” involves damage over $2,000 and/or personal injury.
    Collisions are assigned points based on the severity of the collision and other
    information on the motor vehicle accident report. The report may also include written
    information on charges laid.
    Collisions where no improprieties or vehicle defects are noted on the police report
    appear on the operator’s CVOR record but do not incur points (for example, zero
    pointed). Collisions reported at a collision reporting centre (self-reporting) are also
    included on the operator’s record and may also be pointed.
    Commercial Vehicle Operator’s Registration – September 2022 48
    Convictions
    An officer may lay a charge against a driver or operator. Convictions resulting from
    driver or operator charges are recorded on the operator’s CVOR record with point
    values based on severity.
    Convictions for offences that occurred in other Canadian jurisdictions are received by
    MTO via a Canada-wide data, exchange system. These out-of-province convictions will
    appear on a Carrier CVOR Abstract (Level II).
    Inspections
    An officer may conduct an inspection of a commercial motor vehicle. Inspections are
    conducted according to the Commercial Vehicle Safety Alliance (CVSA) standards,
    which are applied by all jurisdictions across North America. Inspections can result in
    the following findings:
    ▪ Defects
    ▪ Out-of-service defects
    ▪ Critical defects that can cause the vehicle to be impounded
    Driver or vehicle inspection categories that do not meet the minimum standard are
    considered out-of-service.
    When mechanical defects exceed the critical defect criteria, the ministry may impound
    the vehicle. In such a situation, extra points are not added on the CVOR record.
    However, this event does appear on the CVOR record, and could result in the operator
    being recommended for an intervention.
    All levels of CVSA inspections performed by an officer anywhere in Canada will appear
    on a carrier abstract. This includes passed inspections, as well as those with defects
    and defects that are out-of-service.
    There are five levels of CVSA inspections that Ontario monitors on a CVOR abstract:
    Level 1 Examination of the vehicle and driver (driver’s licence, daily inspections,
    vehicle maintenance and hours of service)
    Level 2 Walk-around driver and vehicle Inspection (components including those
    that can be inspected without physically getting under the vehicle, as well
    as driver’s licence and hours of service)
    Level 3 Only driver’s licence, vehicle permits, annual inspections and hours of
    service.
    Level 4 Special inspections directed to examine a particular driver-related item or
    vehicle component
    Level 5 Vehicle inspection only without the driver present
    Commercial Vehicle Operator’s Registration – September 2022 49
    Facility Audits
    The results of a facility audit will be recorded on an operator’s CVOR record. An audit
    conducted at the request of the operator will be noted on the record as a voluntary
    audit.
    Ministry Interventions and Sanctions
    Ministry interventions and sanctions include disciplinary letters sent to the operator,
    interviews, audits and sanctions of fleet limitation; seizure of plates, suspension and/or
    cancellation of the operator’s operating privileges.
    Points
    Collisions are pointed based on severity (property damage, personal injury or fatal
    injury) and impropriety (vehicle defect, driver action, driver condition) noted on the motor
    vehicle accident report from the police, or as indicated on a collision record reported by
    another Canadian jurisdiction.
    Collisions with no impropriety or vehicle defects reported will appear on the operator’s
    CVOR record but are not pointed.
    The following table determines point values assigned for collisions that occurred after
    April 1, 2007.
    Commercial Vehicle Operator’s Registration – September 2022 50
    Collision Weighting Table
    SEVERITY NO IMPROPRIETY
    Factor = 0
    IMPROPRIETY
    Factor = 2
    Property Damage
    (Factor = 1) 0 2
    Personal Injury
    (Factor = 2) 0 4
    Fatal Injury
    (Factor = 3) 0 6
    Convictions are pointed as per the conviction code table. Safety-related convictions
    are assigned a weighted value. Administrative-related convictions appear on the CVOR
    record but are weighted at zero. (Contact MTO Carrier Sanctions and Investigation
    Office for a full copy of the Conviction Code Table.)
    Inspection points are assessed on out-of-service defects. One point is assigned for the
    first inspected category found with an out-of-service defect per unit, and two points for
    each subsequent category found out-of-service on the same unit. Each vehicle in a
    combination of vehicles is counted as a unit. The driver is also counted as a unit, but
    not any co-driver. There are 15 vehicle-inspection categories and two driver-inspection
    categories.
    Vehicle Defects
    Brake System
    Driveline/Driveshaft
    Exhaust System
    Fuel System
    Steering System
    Suspension System
    Frame
    Tires
    Wheels / Rims
    Body
    Windshield Wipers
    Lighting System
    Coupling Devices
    Load Security
    Emergency Exits, Wiring and
    temporary seating (buses
    only)
    Dangerous Goods
    Driver Defects:
    Drivers Licences
    Hours of Service
    Inspection Out-of-Service Rates
    There are three out-of-service rates: overall, vehicle and driver.
    The overall inspection out-of-service rate is the percentage of total inspections
    conducted in the displayed time period that had out-of-service defects. For example, if
    Commercial Vehicle Operator’s Registration – September 2022 51
    an operator had six inspections in 24 months, and three inspections had out-of-service
    defects, then the overall out-of-service rate is 50 percent.
    The vehicle out-of-service rate is the percentage of total inspections (excluding level
    3) that reported vehicle out-of-service defects (levels 1, 2 and 5).
    The driver out-of-service rate is the percentage of total inspections that reported a
    driver out-of-service defect (levels 1, 2 and 3).
    In all cases, level 4 CVSA inspections are not counted in determining out-of-service
    rates. The out-of-service rates are shown on the first page of the Carrier CVOR
    Abstract (Level II).
    Evaluating an Operator’s Performance
    The CVOR system evaluates an operator based on the events on its CVOR record,
    including collisions, driver and operator convictions, CVSA inspections and the results
    of facility audits.
    Operators with vehicles plated in the US are evaluated on kilometres travelled in
    Ontario only, and only for Ontario events.
    Interventions and Sanctions
    The CVOR system automatically identifies an operator for review when poor safety
    performance is identified based on the operator’s overall violation rate.
    Predetermined stages have been established, at which point operator interventions or
    sanctions will be considered. When one of these stages is reached, ministry staff will
    determine the appropriate intervention.
    The Deputy Registrar of Motor Vehicles may use other triggering methods to bring an
    operator to the ministry’s attention such as significant incidents (for example,
    impoundments or wheel separations, unpaid fines, or chronic non-compliance).
    All interventions and sanctions concerning a carrier’s CVOR Record are directed
    towards the corporate officer or senior official of the company. In this way, the individual
    who has control of and accountability for the carrier’s operation will be aware of the
    Ministry’s concerns regarding its safety performance and is expected to take the
    necessary steps to improve. This approach has proven very successful in improving
    operator performance. More than 80 percent of operators that are subject to an
    intervention improve their record to an acceptable standard.
    Commercial Vehicle Operator’s Registration – September 2022 52
    Sanctions
    A sanction is the most severe disciplinary measure that the Deputy Registrar may
    impose. It may result in a fleet limitation, plate seizure, or suspension or cancellation of
    an operator’s operating privileges. Sanctions may also result in an operator receiving
    an unsatisfactory safety rating. Sanctions imposed by the Deputy Registrar take effect
    throughout Canada. As part of the sanction process, the operator will have an
    opportunity to show cause as to why the sanction should not be imposed.
    Operators that exceed 100 percent of their overall CVOR threshold may receive a
    notice of sanction. The operator’s most senior official is given the opportunity to show
    cause to the Deputy Registrar of Motor Vehicles as to why its commercial vehicle
    operator privileges in Canada should not be revoked, suspended or limited.
    Sanctions may be appealed to:
    Licence Appeal Tribunal
    20 Dundas St W
    5th Floor
    Toronto, ON M5G 2C2
    Phone: (416) 325-0209 or 1-800-255-2214 (within Ontario only)
    Violation Rates
    Violation rate is the percentage of points that an operator has accumulated against the
    set maximum thresholds. The threshold is the allowable rate, expressed in a
    percentage, that the operator may reach.
    An operator’s threshold is the maximum violation rate deemed acceptable for that
    specific operator. The violation-rate threshold is not the same for all operators. It is
    calculated based on the number of vehicles and drivers in the operator’s fleet and the
    number of kilometres travelled. (For example, an operator with more vehicles and
    travelling a farther distance would have a higher threshold then a small operator.)
    Violation rates are accumulated based on an operator’s collision, convictions and
    inspections over, and up to, a 24-month sliding period. All events are given a point
    value, and if the operator exceeds their violation-rate threshold, intervention and
    sanctions will be applied in a progressive action. (For example, an operator that
    exceeds 35 percent of their allowable threshold may be subject to a warning letter.)
    The CVOR system calculates the operator’s violation rates for collisions and convictions
    based on the total number of points accumulated over, and up to, a 24-month sliding
    period, compared to the threshold values established for that operator’s kilometric rate
    of travel during that same period. For inspections, the total points accumulated in any
    given period, up to a maximum of 24 months, are compared with the threshold points
    established based on the number of units (drivers and vehicles) inspected during that
    Commercial Vehicle Operator’s Registration – September 2022 53
    same period These individual thresholds are combined to arrive at an overall violation
    rate with collisions and convictions weighted double to inspections.
    As new events and points are recorded, those older than 24 months drop off. The
    formula is based on a 24-month period or the number of months since the start of the
    operator’s CVOR record, whichever is less. The violation rate is converted to a
    percentage of the operator’s threshold. Appropriate ministry interventions and sanctions
    are triggered by the CVOR system if an operator reaches various levels of its threshold.
    Note: For details of the threshold-value tables, threshold formulas and sample
    calculations of kilometric rate of travel, violation rates and percentages of threshold
    calculations of how you arrive at your violation rate, see Appendix A.
    The Deputy Registrar may authorize appropriate interventions and sanctions in
    cases not triggered by the automated system.
    Carrier Safety Rating
    A Carrier Safety Rating (CSR) is a public label that is assigned to truck and bus
    operators. The Deputy Registrar of Motor Vehicles assigns a rating to an operator
    based on the company’s safety record, which includes:
    ▪ Collisions
    ▪ Convictions
    ▪ Inspections
    ▪ Facility Audits
    CSRs are available to the public. They provide information about an operator’s safety
    performance. Insurance companies, financial institutions, shippers or users of an
    operator’s services can find out the operator’s CSR, which helps make informed
    decisions. Operators with good safety ratings can promote themselves to potential
    customers, whereas operators with poor safety ratings are easily identified.
    Commercial Vehicle Operator’s Registration – September 2022 54
    Ratings
    An operator receives one of five possible safety ratings:
    ▪ Excellent
    ▪ Satisfactory
    ▪ Satisfactory-Unaudited
    ▪ Conditional
    ▪ Unsatisfactory
    Operators with an acceptable facility audit may be eligible for an excellent or
    satisfactory safety rating (‘Audit Rating’ should not be confused with the actual ‘Safety
    Rating’ as the audit is only a component of the overall outcome). Operators that have
    not been audited will be rated only on the basis of their CVOR violation rate. The
    highest rating an operator without an audit may receive is satisfactory-unaudited.
    Excellent Safety Rating
    A carrier would normally be eligible for an Excellent Safety Rating if it meets all of the
    following conditions:
    ▪ The carrier has at least 24 months of demonstrated operation in Ontario and currently
    holds a valid CVOR certificate,
    ▪ The carrier has an overall violation rate of 15% or less of overall threshold,
    ▪ The carrier also has a collision violation rate of 10% or less of the collision threshold,
    and
    ▪ The carrier has been audited and achieved an excellent score.
    Note: Once an Excellent rating is assigned, the operator must maintain both an
    overall violation rate no greater than 20% of overall CVOR threshold and a
    collision violation rate no greater than 15% of collision threshold. Failure to
    maintain these low violation rates will result in a safety rating downgrade.
    Commercial Vehicle Operator’s Registration – September 2022 55
    Satisfactory Safety Rating
    A carrier would normally be eligible for a Satisfactory Safety Rating if it meets all of
    the following conditions:
    ▪ The carrier has at least six months of demonstrated operation in Ontario and
    currently holds a valid CVOR certificate,
    ▪ The carrier maintains an on-road performance level of 70% or less of its overall
    CVOR threshold, and
    ▪ The carrier has been audited and received a passing score.
    Satisfactory-Unaudited Safety Rating
    A carrier that has not been audited would normally receive a Satisfactory-Unaudited
    Safety Rating provided it maintains an on-road performance level of 70% or less of its
    overall CVOR threshold.
    Conditional Safety Rating
    A carrier may be considered for a Conditional Safety Rating if any of the following
    circumstances occur:
    ▪ If the carrier’s on-road performance level exceeds 70% of its overall CVOR threshold.
    ▪ If the carrier fails the facility audit.
    ▪ Upon the expiry of a suspension or plate seizure.
    ▪ If a person or company related to or affiliated with the carrier has an on-road
    performance level that exceeds 70% of its overall CVOR threshold or fails a facility
    audit.
    Note: To be upgraded from a Conditional rating to a higher rating (i.e. Satisfactory-
    Unaudited or Satisfactory), the operator must maintain an on-road performance level
    of 60% or less of its overall CVOR threshold.
    All Conditional ratings are in effect for a minimum of six months, except when a carrier
    rating is proposed for a rating downgrade from Conditional to Unsatisfactory. When
    such a rating downgrade is proposed, there are no minimum time requirements. During
    the six-month conditional period, the carrier is expected to identify and improve the
    components of its safety performance which resulted in the assignment of the
    Conditional rating. Following the six months, the Registrar may propose a rating based
    on the performance of the carrier at that time.
    Commercial Vehicle Operator’s Registration – September 2022 56
    A carrier may be assigned a Conditional rating as the result of a failed audit. In this
    case, the carrier cannot improve its rating until six months after the date of the
    Conditional rating assignment. The carrier must pass a second audit in order to receive
    a new rating.
    Carrier Safety Ratings and Normal Performance Levels
    ON-ROAD PERFORMANCE
    Overall Audit
    Score
    0 to 151% of
    threshold

15 to 702%
of threshold
702 to 100%
of threshold
1003% of
threshold
80% to 100% Excellent Satisfactory Conditional Unsatisfactory
55% to < 80% Satisfactory Satisfactory Conditional Unsatisfactory
0 to < 55% Conditional Conditional Conditional Unsatisfactory
No Audit Satisfactory

  • Unaudited
    Satisfactory
  • Unaudited
    Conditional Unsatisfactory
    Notes:
  1. To be eligible for an Excellent Safety Rating, the carrier’s overall violation rate
    must not exceed 15% of its Overall CVOR Threshold and its collision violation
    rate must not exceed 10% of its Collision Threshold. An excellent rating will be
    downgraded if the carrier’s overall violation rate exceeds 20% of its Overall
    CVOR Threshold or if its collision violation rate exceeds 15% of its Collision
    Threshold.
  2. Once assigned a conditional Safety Rating, to be eligible for an upgraded rating,
    a carrier’s overall violation rate must be 60% or less of its Overall CVOR
    Threshold.
  3. A carrier is rated Unsatisfactory for the duration of a plate seizure, suspension or
    cancellation.
    Note: Facility audits will not be considered for an upgrade to Satisfactory or
    Excellent safety rating, if the audit was completed more than 36 months ago.
    -The Overall Audit Score is expressed as:
    Excellent – if the overall audit score is 80% and all profiles are 70% or greater.
    Pass – if the overall audit score is 55% or greater and no profile is below 50%
    Fail – if the overall audit score is below 55% or any profile is below 50%.
    Carriers that exceed their overall CVOR threshold
    When a carrier’s overall violation rate exceeds its overall threshold level (over 100%),
    the system brings it to the Registrar’s attention. In most cases, the carrier will be
    considered for sanction such as plate seizure, suspension or cancellation.
    Commercial Vehicle Operator’s Registration – September 2022 57
    The carrier will also be considered for an Unsatisfactory Safety Rating. The Registrar
    may propose that the carrier’s rating be Conditional until the sanction takes effect. The
    carrier will remain Unsatisfactory for the duration of the sanction.
    Upon the completion of the sanction period, a Conditional rating will automatically apply.
    No rating higher than Conditional will be assigned following the sanction until at least 6
    months has elapsed. The Registrar may, however, during the Conditional period
    following sanction, propose an Unsatisfactory rating where applicable, even though 6
    months has not yet passed.
    Safety Ratings for New Operators
    When an operator applies for a CVOR certificate, a satisfactory-unaudited rating is
    usually proposed. The new operator is unrated for the first 40 days of operation while
    the rating is proposed and until the rating comes into effect.
    Most operators will remain satisfactory-unaudited for the first six months of operation.
    However, if an operator accumulates points on the CVOR record or fails an audit, the
    rating may drop to conditional or unsatisfactory.
    Disputing proposed Carrier Safety Ratings
    A carrier has the right to send to the Registrar a written dispute of its proposed Safety
    Rating. The written dispute may include records as well as written submissions. The
    carrier must submit the written dispute to the Registrar at the address indicated on the
    Safety Rating letter within 30 days of being notified of the proposed Safety Rating.
    After considering all submissions and records contained in the written dispute, the
    Registrar will assign a Safety Rating. The assigned Safety Rating may be the one that
    was originally proposed or may be a different rating than the one proposed. There is no
    further appeal from this assignment of a rating.
    Commercial Vehicle Operator’s Registration – September 2022 58
    Deferred Safety Rating Status
    A carrier may wish to upgrade its Safety Rating to Satisfactory or Excellent by
    volunteering for and passing an audit. If a carrier does not pass the audit, the Registrar
    will propose a Conditional Safety Rating. Carriers that have volunteered for an audit
    and failed the audit but have an overall violation rate of 50% or less may apply for
    deferred Safety Rating status by disputing their proposed conditional rating. The
    Registrar may defer the proposed conditional Safety Rating for up to one year if the
    carrier meets the following conditions:
    ▪ The carrier must submit a dispute and include a written undertaking to address the
    deficiencies found during the audit, and
    ▪ The carrier must agree to submit to a subsequent audit within one year of the
    notification of the proposed conditional rating.
    If the carrier meets these conditions, the Registrar may defer assigning the conditional
    rating for up to one year.
    The conditional rating will be assigned immediately if any one or more of the following
    conditions occur:
    ▪ The carrier’s overall violation rate exceeds 50% of its Overall CVOR Threshold,
    ▪ Six months have passed and the carrier has not yet requested a re-audit,
    ▪ The carrier fails the re-audit, or
    ▪ One year has passed and the carrier has not been re-audited or is not awaiting a
    scheduled re-audit.
    A satisfactory or excellent rating, as applicable, will be assigned immediately if the
    carrier passes the audit or receives an excellent audit score.
    Collision-Points Threshold
    A collision-points threshold value is determined for each operator, based on its
    kilometric rate of travel per month in Canada (in Ontario, for US-plated operators), by all
    the commercial motor vehicles operating under the operator’s CVOR certificate. All
    operators with the same rate of travel, therefore, will have the same collision-points
    threshold. The collision violation rates of a large sample of operators were analyzed,
    and a threshold curve was established that identifies those operators with unacceptably
    high collision rates relative to other operators at a similar rate of travel.
    Commercial Vehicle Operator’s Registration – September 2022 59
    The collision-points threshold formula is:
    For rate of travel,
    R< 120,000 km/month For rate of travel, R= or > 120,000 km/month
    Collision Points
    Threshold
    Tcol = (1.363 X R0.217) X (n ÷ 24) Tcol = (0.000144 x R) x (n ÷ 24)
    Where: Tcol = collision points threshold
    R = rate of travel (km/month)
    n = number of months in the analysis period (maximum of 24)
    For ease of calculation, collision-points threshold values have been calculated and
    presented in a “look-up” table. See Appendix B for the Table of Threshold Values.
    (Otherwise, the above calculations will require a scientific calculator.)
    Conviction-Points Threshold
    A conviction-points threshold value is determined for each operator, based on its
    kilometric rate of travel per month in Canada (in Ontario, for US-plated operators), by all
    the commercial motor vehicles operating under the operator’s CVOR certificate. All
    operators with the same rate of travel, therefore, will have the same conviction-points
    threshold. The conviction violation rates of a large sample of operators were analyzed,
    and a threshold curve was established that identifies those operators with unacceptably
    high conviction rates relative to other operators of similar rate of travel.
    Commercial Vehicle Operator’s Registration – September 2022 60
    The conviction-points threshold formula is:
    For rate of travel,
    R< 120,000 km/month For rate of travel, R= or > 120,000 km/month
    Conviction
    Points
    Threshold
    Tcon = (2.54 X R0.235) X (n ÷ 24) Tcon = (0.000331 x R) x (n ÷ 24)
    Where: Tcon = conviction points threshold
    R = rate of travel (km/month)
    n = number of months in the analysis period (maximum of 24)
    For ease of calculation, conviction-points threshold values have been calculated and
    presented in Appendix B.
    Inspection-Points Threshold
    An inspection-points threshold value is determined for each operator, based on its
    frequency of CVSA inspections. The number of units inspected is determined by adding
    the total number of vehicles inspected to the total number of drivers inspected. All
    operators with the same number of units inspected, therefore, will have the same
    inspection-points threshold. The inspection violation rates of a large sample of
    operators were analyzed, and a threshold curve was established that identifies those
    operators with unacceptably high CVSA inspection out-of-service rates relative to other
    operators with a similar number of units inspected.
    The inspection-points threshold formula is:
    For “U” units inspected
    Inspection Points
    Threshold Tins = 7.789 + 0.139 X U
    Where: Tins = inspection points
    U = # of units inspected in the analysis period
    For ease of calculation, inspection threshold values have been calculated and
    presented in Appendix B.
    Commercial Vehicle Operator’s Registration – September 2022 61
    Appendix A – CVOR Formula
    CVOR Calculations
    How Is an Operator’s Monthly Rate of Travel Calculated?
    An operator’s monthly rate of travel in Canada during a specific time period is used to
    determine the collision- and conviction-points threshold. Operators must report a
    significant change in their rate of travel. Consequently, a determination of the
    operator’s collision- or conviction-violation rate may contain multiple-assessment time
    periods. The following procedure is followed to calculate monthly rate of travel.
  4. Operator calculates the total number of commercial motor vehicles operated
    in Ontario under the operator’s CVOR certificate.
  • Include power units plated in Ontario that are owned, leased or rented by the
    operator and any plated in Ontario that are operated under contract with
    Owner/Operators.
  • Include power units plated in the US or Mexico that operate in Ontario.
  • Exclude power units operated by the operator that are plated in other Canadian
    jurisdictions.
  • Exclude all trailers.
    For Example:
    Bob owns 10 highway tractors, of which eight are plated in Ontario and two are
    plated in Manitoba. He leases five trucks, all plated in Ontario. He also employs
    five owner/operators, all with Ontario plates. The total number of commercial
    motor vehicles that Bob operates under his CVOR certificate is:
    8 + 5 + 5 = 18 commercial motor vehicles
  1. Calculate the total kilometres traveled per month by the fleet in Canada, by
    specific time periods that reflect different rates of travel in Canada.
    Total kilometres travelled in a specified time period in Canada by the operator’s fleet
    divided by the number of months in the time period equal the monthly rate of travel
    in Canada (km/month).
    Commercial Vehicle Operator’s Registration – September 2022 62
    For Example:
    Period 1: (2010 07 01 to 2010 12 31) – 6 months
    Total kilometres travelled in Ontario by the fleet of 18 vehicles = 516,000 km.
    Total kilometres travelled in the rest of Canada by the fleet of 18 vehicles =
    324,000 km.
    Total kilometres travelled outside Canada by the fleet of 18 vehicles =
    216,000 km.
    Monthly rate of travel in Canada = (516,000 + 324,000) ÷ 6 = 140,000 km/month.
    Period 2: (2010 01 01 to 2011 06 30) – 18 months
    Total kilometres travelled in Ontario by the fleet of 18 vehicles = 1,296,000 km.
    Total kilometres travelled in the rest of Canada by the fleet of 18 vehicles =
    324,000 km.
    Total kilometres travelled outside Canada by the fleet of 18 vehicles =
    1,944,000 km.
    Monthly rate of travel in Canada = (1,296,000 + 324,000) ÷ 18 =
    90,000 km/month.
    How Are the Collision Violation Rate and Percentage of Threshold Calculated?
    Using the data collected from police accident reports, collision demerit points are
    assigned according to the collision weighting table.
    A collision is considered to have “impropriety” if the accident report indicates something
    other than “normal” under vehicle condition (fields 31and 32), driver action (fields 33
    and 34) or driver condition (fields 35 and 36).
    Commercial Vehicle Operator’s Registration – September 2022 63
    For Example:
    An operator with a rate of travel of 144,000 km/month in period 1 (six months) and
    90,000 km/month in period 2 (18 months) had the following four collisions in the past
    24-month period (this period does not include the most recent 30 days):
    ▪ one involving property damage and no impropriety in period 1 (0 points)
    ▪ one involving personal injury and impropriety in period 1 (4 points)
    ▪ one involving a fatality and no impropriety in period 2 (0 points)
    ▪ one involving property damage and impropriety in period 2 (2 points)
    The collision-violation rate would be calculated in the following manner:
    Step 1:
    Calculate the total collision points in each period.
    Period 1: 0 + 4 = 4 (total collision points in period 1)
    Period 2: 0 + 2 = 2 (total collision points in period 2)
    Step 2:
    Determine the collision-threshold points for each rate of travel, for a 24-month period.
    Consult the Table of Threshold Values (see Appendix B) to determine the threshold
    points for a 24-month period for an operator with a travel rate of 140,000 km/month and
    90,000 km/month.
    Rate 1: At 140,000 km/month, the collision-threshold point value is 20.16 for a 24-month
    period.
    Rate 2: At 90,000 km/month, the collision-threshold point value is 16.20 for a 24-month
    period.
    Step 3:
    Prorate the points for a 24-month period by the number of months in each period to
    determine the threshold value for that period.
    Collision-threshold points in period 1 = 20.16 x (6 ÷ 24) = 5.04 points.
    Collision-threshold points in period 2 = 16.20 x (18 ÷ 24) = 12.15 points.
    Step 4:
    To calculate the percentage of threshold for each period, divide the points assigned in
    the period by the collision threshold points (x 100%).
    Period 1: Percentage of threshold = 100% x (4 ÷ 5.04) = 79.37%.
    Period 2: Percentage of threshold = 100% x (2 ÷ 12.15) = 16.46%.
    Commercial Vehicle Operator’s Registration – September 2022 64
    Step 5:
    To calculate the overall collision-violation rate for the 24-month period, prorate it in
    proportion to the time in each period.
    Overall collision-violation rate (24-month period) = (79.37% x 6) + (16.46% x 18) ÷ 24
    = (476.22% + 296.28%) ÷ 24
    = 32.19%
    How Are the Conviction-Violation Rate and Percentage of Threshold Calculated?
    The CVOR system assigns points to safety-related convictions as indicated in the
    Conviction Code Table
    To have a copy of the Conviction Code Table sent to you, contact Carrier Sanctions and
    Investigation Office
    For Example:
    The same operator described previously with monthly travel rates of 140,000 km/month
    (period 1) and 90,000 km/month (period 2) also had the following four convictions in the
    past 24-month period (this period does not include the most recent 30 days):
    ▪ Failure to make daily log in period 1 (3 points)
    ▪ Overweight – dual axle over 2,000 kilograms in period 2 (3 points)
    ▪ Drive motor vehicle – failure to display plates in period 2 (0 points)
    ▪ Fail to inspect/repair/maintain according to standard in period 2 (2 points)
    The conviction-violation rate would be calculated in the following manner:
    Step 1
    Calculate the total conviction points in each period.
    Period 1: 3 (total conviction points in period 1)
    Period 2: 3 + 0 + 2 = 5 (total conviction points in period 2)
    Step 2
    Determine the allowable conviction-threshold points for each rate of travel, for a 24-
    month period. Consult the Table of Threshold Values (see Appendix B) to determine
    the threshold points for a 24-month period for an operator with a travel rate of 140,000
    km/month and 90,000 km/month.
    Rate 1: At 140,000 km/month, the allowable conviction-threshold points value is
    46.34 for a 24-month period.
    Rate 2: At 90,000 km/month, the allowable-conviction threshold points value is
    37.07 for a 24-month period.
    Commercial Vehicle Operator’s Registration – September 2022 65
    Step 3
    Prorate the allowable points for a 24-month period by the number of months in each
    period.
    Allowable points in period 1 = 46.34 x (6 ÷ 24) = 11.59 points.
    Allowable points in period 2 = 37.07 x (18 ÷ 24) = 27.80 points.
    Step 4
    To calculate the percentage of threshold for each period, divide the points assigned in
    the period by the allowable points.
    Period 1: Percentage of threshold = 100% x (3 ÷ 11.59) = 25.88%.
    Period 2: Percentage of threshold = 100% x (5 ÷ 27.80) = 17.99%.
    Step 5
    To calculate the overall conviction-violation rate for the 24-month period, prorate it in
    proportion to the time in each period.
    Overall conviction-violation rate (24-month period) = (25.88% x 6) + (17.99% x 18) ÷ 24
    = (155.28% + 323.82%) ÷ 24
    = 19.96%
    How Are the “Number of Units Inspected” for a CVSA Inspection Calculated?
    The inspection-points threshold value varies with the number of units inspected, as
    opposed to varying with the rate of kilometric travel, which is used to calculate the
    collision- and conviction-threshold values. The number of units inspected is the sum of
    all the vehicles and drivers inspected in all inspections within the analysis period.
    For Example:
    Level 1, 2 or 4 inspection, tractor and 1 semi-trailer (3 units inspected – 2 vehicles, 1
    driver)
    Level 3 inspection, with no vehicle defects indicated, straight truck, trailer converter
    dolly and semi-trailer (1 driver inspected)
    Level 5 inspection, tractor and semi-trailer (2 vehicles inspected)
    How are the Inspection Violation Rate and Percentage of Threshold calculated?
    The CVOR system assigns points to CVSA out-of-service inspection categories, as
    defined by CCMTA. One point is assigned for each category that is out-of-service per
    unit. If a vehicle (or driver) has multiple categories out of service, these additional
    categories are assigned two points each. There are a total of 15 vehicle and two driver
    categories.
    Commercial Vehicle Operator’s Registration – September 2022 66
    Driver out-of-service points are weighted at 68.75 percent of vehicle out-of-service
    points, based on the “Predictive Analysis” study that indicated a higher probability of
    future collisions related to vehicle defects than to driver defects. The violation rate is
    the total (weighted) points assigned for all inspections, divided by the inspection-points
    threshold value, and is expressed as a percentage of threshold.
    For Example:
    Assume the same operator described previously has been inspected three times in the
    24-month analysis period. There is no need to break the time into the two periods
    related to different travel rates, since the inspection-threshold formula only varies with
    the number of units inspected. (Note: The 24-month period does not include the most
    recent 30 days.) For ease of understanding, the inspections shown below describe
    “category defects” as they will appear on a CVOR carrier abstract.
    Inspection 1: Level 1
    Unit inspected Defect – *indicates “out-of-service” Dr pts. Veh pts.
    Driver *Category – Drivers Licences
    :Drivers Licences – Improper Licence 1 –
    Driver Category – Hours of Work :Cycle – drive after 70 hours in 7days 2 –
    Truck Tractor Category – Tires :Tires – Tread Depth
    :Tires – Ply Separation
  • 1
    Trailer *Category – Brakes – Adjustment
    :Brakes – Adjustment
  • 1
    3 units inspected Total points assigned 3 2
    Inspection 2: Level 3
    Unit inspected Defect – *indicates “out-of-service” Dr pts. Veh pts.
    Driver *Category – Drivers Licences
    :Fail to produce 1 –
    Driver *Category – Seat Belt
    :Fail to wear
    0 (not

OOS)

Truck Tractor (Not applicable) – 0
Trailer (Not applicable) – 0
3 units inspected Total points assigned 1 0
Commercial Vehicle Operator’s Registration – September 2022 67
Inspection 3: Level 5
Unit inspected Defect – *indicates “out-of-service” Dr pts. Veh pts.
Driver (Not applicable) 0 –
Truck Tractor *Category – Suspension System
:Coil spring broken*

  • 1
    Trailer (No defects recorded) – 0
    3 units inspected Total points assigned 0 1
    Calculations
    Step 1
    Calculate the total units inspected for the three inspections.
    Inspection 1, Level 1 = 3 units inspected. (1 driver and 2 vehicles)
    Inspection 2, Level 3 = 1 unit inspected. (1 driver)
    Inspection 1, Level 5 = 2 units inspected. (1 driver and 1 vehicle)
    Total units inspected = 6
    Step 2
    Determine the inspection-threshold value from the table in Appendix B. For six units
    inspected, the allowable inspection threshold points = 8.62.
    Step 3:
    Determine the operator’s total inspection points, where driver points are weighted at
    68.75 percent of vehicle points.
    Total inspection points = 1 x vehicle points + 0.6875 x driver points.
    = 1 x (2 + 0 + 1) + 0.6875 x (3 + 1 + 0)
    = 3 + 2.75
    = 5.75 inspection points.
    Step 4:
    Determine the operator’s inspection-violation rate, expressed as a percentage of
    threshold.
    Inspection-violation rate = 100% x (5.75 ÷ 8.62)
    = 66.71%
    Commercial Vehicle Operator’s Registration – September 2022 68
    How Does the CVOR System Calculate an Operator’s Overall Performance?
    The operator’s overall performance is determined by combining its collision-, conviction-
    and inspection-performance values in the proportions of 2 to 2 to 1. The overall
    performance measure formula is:
    Overall Performance Po = (2 X Pcol + 2 X Pcon + Pins) ÷ 5
    Where: Po = Overall Performance
    Pcol = Collision Performance
    Pcon = Conviction Performance
    Pins = Inspection Performance
    When an operator’s overall violation rate exceeds 1 (100 percent), it is said to be “over
    threshold” and may be subject to sanctioning by the Deputy Registrar of Motor Vehicles.
    Remember that the overall-percent- of- threshold calculation weights collisions and
    convictions at double the severity of inspections (2:2:1 ratio).
    Step 1
    Multiply both the percent-of- collision threshold (32.19) and the percent-of-conviction
    threshold (19.96) by 2, and add the percent-of-inspection threshold (65.64).
    2 x 32.19% + 2 x 19.96% + 66.71% = 171.01%
    Step 2
    Divide the value in Step 1 (171.01 percent) by five to derive the percent-of-overall
    threshold.
    Percent of Overall Threshold = 171.01% ÷ 5
    = 34.20%
    This value represents the operator’s overall violation rate as a percentage of its overall
    threshold.
    Commercial Vehicle Operator’s Registration – September 2022 69
    Appendix B – Threshold Values
    Collisions
    Definition of Column Headings
    Rate of travel – km/month (R): The total kilometres travelled per month in Canada (in
    Ontario, for US-plated operators), for all commercial motor vehicles operating under the
    operator’s CVOR certificate.
    Collision-threshold points (Y col ): The number of collision points in a given period for
    a specified rate of travel that will result in being at 100 percent of collision threshold.
    Ycol = ( 1.363 x R 0.217 ) ( # months/24 ), for R < 120,000 km/month Ycol = ( 0.000144 x R ) ( # months/24 ), for R = or > 120,000 km/month
    Commercial Vehicle Operator’s Registration – September 2022 70
    Rate of
    Travel
    Km/month
    R
    Collision
    Threshold
    Points
    (24-
    months)
    Yest
    Collision
    Threshold
    Points
    (per
    month)
    Yest
    100 3.70 0.154
    1,000 6.10 0.254
    2,000 7.09 0.296
    3,000 7.75 0.323
    4,000 8.24 0.344
    5,000 8.65 0.361
    6,000 9.00 0.375
    7,000 9.31 0.388
    8,000 9.58 0.399
    9,000 9.83 0.410
    10,000 10.06 0.419
    11,000 10.27 0.428
    12,000 10.46 0.436
    13,000 10.65 0.444
    14,000 10.82 0.451
    15,000 10.98 0.458
    16,000 11.14 0.464
    17,000 11.29 0.470
    18,000 11.43 0.476
    19,000 11.56 0.482
    20,000 11.69 0.487
    21,000 11.81 0.492
    22,000 11.93 0.497
    23,000 12.05 0.502
    24,000 12.16 0.507
    25,000 12.27 0.511
    Rate of
    Travel
    Km/month
    R
    Collision
    Threshold
    Points
    (24-
    months)
    Yest
    Collision
    Threshold
    Points
    (per
    month)
    Yest
    26,000 12.37 0.516
    27,000 12.48 0.520
    28,000 12.58 0.524
    29,000 12.67 0.526
    30,000 12.77 0.532
    31,000 12.86 0.536
    32,000 12.95 0.539
    33,000 13.03 0.543
    34,000 13.12 0.547
    35,000 13.20 0.550
    36,000 13.28 0.553
    37,000 13.36 0.557
    38,000 13.44 0.560
    39,000 13.51 0.563
    40,000 13.59 0.566
    41,000 13.66 0.569
    42,000 13.73 0.572
    43,000 13.80 0.575
    44,000 13.87 0.578
    45,000 13.94 0.581
    46,000 14.01 0.584
    47,000 14.07 0.586
    48,000 14.14 0.589
    49,000 14.20 0.592
    50,000 14.26 0.594
    51,000 14.32 0.597
    Commercial Vehicle Operator’s Registration – September 2022 71
    Rate of
    Travel
    Km/month
    R
    Collision
    Threshold
    Points
    (24-
    months)
    Yest
    Collision
    Threshold
    Points
    (per
    month)
    Yest
    52,000 14.38 0.599
    53,000 14.44 0.602
    54,000 14.50 0.604
    55,000 14.56 0.607
    56,000 14.62 0.609
    57,000 14.67 0.611
    58,000 14.73 0.614
    59,000 14.78 0.616
    60,000 14.84 0.616
    61,000 14.89 0.618
    62,000 14.94 0.620
    63,000 15.00 0.623
    64,000 15.05 0.625
    65,000 15.10 0.627
    66,000 15.15 0.629
    67,000 15.20 0.631
    68,000 15.25 0.633
    69,000 15.29 0.635
    70,000 15.34 0.637
    71,000 15.39 0.639
    72,000 15.44 0.641
    73,000 15.48 0.643
    74,000 15.53 0.645
    75,000 15.57 0.647
    76,000 15.62 0.649
    77,000 15.66 0.651
    Rate of
    Travel
    Km/month
    R
    Collision
    Threshold
    Points
    (24-
    months)
    Yest
    Collision
    Threshold
    Points
    (per
    month)
    Yest
    78,000 15.71 0.653
    79,000 15.75 0.654
    80,000 15.79 0.656
    81,000 15.84 0.660
    82,000 15.88 0.662
    83,000 15.92 0.663
    84,000 15.96 0.665
    85,000 16.00 0.667
    86,000 16.04 0.668
    87,000 16.08 0.670
    88,000 16.12 0.672
    89,000 16.16 0.673
    90,000 16.20 0.675
    91,000 16.24 0.677
    92,000 16.28 0.678
    93,000 16.32 0.680
    94,000 16.36 0.681
    95,000 16.39 0.683
    96,000 16.43 0.685
    97,000 16.47 0.686
    98,000 16.50 0.688
    99,000 16.54 0.689
    100,000 16.58 0.691
    101,000 16.61 0.692
    102,000 16.65 0.694
    103,000 16.68 0.695
    Commercial Vehicle Operator’s Registration – September 2022 72
    Rate of
    Travel
    Km/month
    R
    Collision
    Threshold
    Points
    (24-
    months)
    Yest
    Collision
    Threshold
    Points
    (per
    month)
    Yest
    104,000 16.72 0.697
    105,000 16.75 0.698
    106,000 16.79 0.699
    107,000 16.82 0.701
    108,000 16.86 0.702
    109,000 16.89 0.704
    110,000 16.92 0.705
    111,000 16.96 0.707
    112,000 16.99 0.708
    113,000 17.02 0.709
    114,000 17.05 0.711
    115,000 17.09 0.712
    116,000 17.12 0.713
    117,000 17.15 0.715
    118,000 17.18 0.716
    119,000 17.21 0.717
    120,000 17.25 0.719
    130,000 18.72 0.760
    140,000 20.16 0.840
    150,000 21.60 0.900
    160,000 23.04 0.960
    170,000 24.48 1.020
    180,000 25.92 1.060
    190,000 27.36 1.140
    200,000 28.80 1.200
    210,000 30.24 1.260
    Rate of
    Travel
    Km/month
    R
    Collision
    Threshold
    Points
    (24-
    months)
    Yest
    Collision
    Threshold
    Points
    (per
    month)
    Yest
    220,000 31.68 1.320
    230,000 33.12 1.360
    240,000 34.56 1.440
    250,000 36.00 1.500
    500,000 72.00 3.000
    750,000 108.00 4.500
    1,000,000 144.00 6.000
    1,250,000 180.00 7.500
    1,500,000 216.00 9.000
    1,750,000 252.00 10.500
    2,000,000 288.00 12.000
    2,250,000 324.00 13.500
    2,500,000 360.00 15.000
    2,750,000 396.00 16.500
    3,000,000 432.00 18.000
    3,250,000 458.00 19.500
    3,500,000 504.00 21.000
    3,750,000 540.00 22.500
    4,000,000 576.00 24.000
    4,250,000 612.00 25.500
    4,500,000 648.00 27.000
    4,750,000 684.00 28.500
    5,000,000 720.00 30.000
    5,250,000 756.00 31.500
    5,500,000 792.00 33.000
    5,750,000 828.00 34.500
    Commercial Vehicle Operator’s Registration – September 2022 73
    Rate of
    Travel
    Km/month
    R
    Collision
    Threshold
    Points
    (24-
    months)
    Yest
    Collision
    Threshold
    Points
    (per
    month)
    Yest
    6,000,000 854.00 35.000
    Commercial Vehicle Operator’s Registration – September 2022 74
    Note: An operator’s rate of travel may not match an exact value in the tables. To
    interpolate a value, you may use the following formula.
    Threshold Point = Test where
    Test = Ta + (Tb – Ta) x (kmb – kmest) ÷ (kmb – kma)
    Example:
    Assume your kilometric rate (kmest) = 207.000 km/month.
    Test = Ta + (Tb – Ta) x (kmb – kmest) ÷ (kmb – kma)
    = 28.80 + (30.24 – 28.80) x (207,000 – 200,000) ÷ (210,000 – 200,000)
    = 28.80 + 1.44 x 7,000 ÷ 10,000
    = 28.80 + 1.01
    =29.81 points
    Commercial Vehicle Operator’s Registration – September 2022 75
    Convictions
    Definition of Column Headings
    Rate of travel – km/month (R): The total kilometres travelled per month in Canada (in
    Ontario, for US-plated operators), for all commercial motor vehicles operating under the
    operator’s CVOR certificate.
    Conviction-threshold points (Ycon ): The number of conviction points in a given period
    for a specified rate of travel that will result in being at 100 percent of conviction
    threshold.
    Ycon = (2.54 x R 0.235) (# months/24), for R < 120,000 km/month Ycon = ( 0.000331 x R ) ( # months/24 ), for R = or > 120,000 km/month
    Commercial Vehicle Operator’s Registration – September 2022 76
    Rate of
    Travel
    (Km/month)
    R
    Conviction
    Threshold
    Points
    (24-
    months)
    Ycon
    Conviction
    Threshold
    Points
    (per
    month)
    Ycon
    100 7.50 0.312
    1,000 12.88 0.537
    2,000 15.16 0.631
    3,000 16.67 0.695
    4,000 17.84 0.743
    5,000 18.80 0.783
    6,000 19.62 0.818
    7,000 20.34 0.848
    8,000 20.99 0.875
    9,000 21.58 0.899
    10,000 22.12 0.922
    11,000 22.62 0.943
    12,000 23.09 0.962
    13,000 23.53 0.980
    14,000 23.94 0.998
    15,000 24.33 1.014
    16,000 24.71 1.029
    17,000 25.06 1.044
    18,000 25.40 1.058
    19,000 25.72 1.072
    20,000 26.04 1.085
    21,000 26.34 1.097
    22,000 26.63 1.109
    23,000 26.91 1.121
    24,000 27.18 1.132
    25,000 27.44 1.143
    Rate of
    Travel
    (Km/month)
    R
    Conviction
    Threshold
    Points
    (24-
    months)
    Ycon
    Conviction
    Threshold
    Points
    (per
    month)
    Ycon
    26,000 27.69 1.154
    27,000 27.94 1.164
    28,000 28.18 1.174
    29,000 28.41 1.184
    30,000 28.64 1.193
    31,000 28.86 1.203
    32,000 29.08 1.212
    33,000 29.29 1.220
    34,000 29.49 1.229
    35,000 29.70 1.237
    36,000 29.89 1.246
    37,000 30.09 1.254
    38,000 30.27 1.261
    39,000 30.46 1.269
    40,000 30.64 1.277
    41,000 30.82 1.284
    42,000 31.00 1.291
    43,000 31.17 1.299
    44,000 31.34 1.306
    45,000 34.50 1.313
    46,000 31.67 1.319
    47,000 31.83 1.326
    48,000 31.98 1.333
    49,000 32.14 1.339
    50,000 32.29 1.345
    51,000 32.44 1.352
    Commercial Vehicle Operator’s Registration – September 2022 77
    Rate of
    Travel
    (Km/month)
    R
    Conviction
    Threshold
    Points
    (24-
    months)
    Ycon
    Conviction
    Threshold
    Points
    (per
    month)
    Ycon
    52,000 32.59 1.358
    53,000 32.74 1.354
    54,000 32.88 1.370
    55,000 33.02 1.376
    56,000 33.16 1.382
    57,000 33.30 1.388
    58,000 33.44 1.393
    59,000 33.57 1.399
    60,000 33.71 1.404
    61,000 33.84 1.410
    62,000 33.97 1.415
    63,000 34.09 1.421
    64,000 34.22 1.426
    65,000 34.35 1.431
    66,000 34.47 1.436
    67,000 34.59 1.441
    68,000 34.71 1.446
    69,000 34.83 1.451
    70,000 34.95 1.456
    71,000 35.07 1.451
    72,000 35.18 1.466
    73,000 35.30 1.471
    74,000 35.41 1.475
    75,000 35.52 1.480
    76,000 35.63 1.485
    77,000 35.74 1.489
    Rate of
    Travel
    (Km/month)
    R
    Conviction
    Threshold
    Points
    (24-
    months)
    Ycon
    Conviction
    Threshold
    Points
    (per
    month)
    Ycon
    78,000 35.85 1.494
    79,000 35.96 1.498
    80,000 36.06 1.503
    81,000 36.17 1.507
    82,000 36.27 1.511
    83,000 36.38 1.516
    84,000 35.48 1.520
    85,000 35.58 1.524
    86,000 36.68 1.528
    87,000 36.78 1.533
    88,000 36.88 1.537
    89,000 36.98 1.541
    90,000 37.07 1.545
    91,000 37.17 1.549
    92,000 37.27 1.553
    93,000 37.36 1.557
    94,000 37.46 1.561
    95,000 37.55 1.565
    96,000 37.64 1.568
    97,000 37.73 1.572
    98,000 37.82 1.576
    99,000 37.91 1.580
    100,000 38.00 1.584
    101,000 38.09 1.587
    102,000 38.18 1.591
    103,000 38.27 1.595
    Commercial Vehicle Operator’s Registration – September 2022 78
    Rate of
    Travel
    (Km/month)
    R
    Conviction
    Threshold
    Points
    (24-
    months)
    Ycon
    Conviction
    Threshold
    Points
    (per
    month)
    Ycon
    104,000 38.36 1.598
    105,000 38.44 1.602
    106,000 38.53 1.605
    107,000 38.61 1.609
    108,000 38.70 1.612
    109,000 38.78 1.616
    110,000 38.87 1.619
    111,000 38.95 1.623
    112,000 39.03 1.626
    113,000 39.11 1.630
    114,000 39.19 1.633
    115,000 39.27 1.636
    116,000 39.35 1.640
    117,000 39.43 1.643
    118,000 39.51 1.646
    119,000 39.59 1.650
    120,000 39.67 1.653
    130,000 43.03 1.793
    140,000 46.34 1.931
    150,000 49.65 2.069
    160,000 52.96 2.207
    170,000 56.27 2.345
    180,000 59.58 2.483
    190,000 62.89 2.620
    200,000 66.20 2.758
    210,000 69.51 2.896
    Rate of
    Travel
    (Km/month)
    R
    Conviction
    Threshold
    Points
    (24-
    months)
    Ycon
    Conviction
    Threshold
    Points
    (per
    month)
    Ycon
    220,000 72.82 3.034
    230,000 76.13 3.172
    240,000 79.44 3.310
    250,000 82.75 3.448
    500,000 165.50 6.896
    750,000 248.25 10.344
    1,000,000 331.00 13.792
    1,250,000 413.75 17.240
    1,500,000 496.50 20.688
    1,750,000 579.25 24.135
    2,000,000 662.00 27.583
    2,250,000 744.75 31.031
    2,500,000 827.50 34.479
    2,750,000 910.25 37.927
    3,000,000 993.00 41.375
    3,250,000 1075.75 44.823
    3,500,000 1158.50 48.271
    3,750,000 1241.25 51.719
    4,000,000 1324.00 55.167
    4,250,000 1406.75 58.615
    4,500,000 1489.50 62.063
    4,750,000 1572.25 65.510
    5,000,000 1655.00 68.958
    5,250,000 1737.75 72.406
    5,500,000 1820.50 75.854
    5,750,000 1903.25 79.302
    Commercial Vehicle Operator’s Registration – September 2022 79
    Rate of
    Travel
    (Km/month)
    R
    Conviction
    Threshold
    Points
    (24-
    months)
    Ycon
    Conviction
    Threshold
    Points
    (per
    month)
    Ycon
    6,000,000 1986.00 82.750
    Commercial Vehicle Operator’s Registration – September 2022 80
    Note: An operator’s rate of travel may not match an exact value in the tables. To
    interpolate a value, you may use the following formula.
    Threshold Point = Test where
    Test = Ta + (Tb – Ta) x (kmb – kmest) ÷ (kmb – kma)
    Example :
    Assume your kilometric rate (kmest) = 207.000 km/month.
    Test = Ta + (Tb – Ta) x (kmb – kmest) ÷ (kmb – kma)
    = 66.20 + (69.51 – 66.20) x (207,000 – 200,000) ÷ (210,000 – 200,000)
    = 66.20 + 3.31 x 7,000 ÷ 10,000
    = 66.20 + 2.32
    = 68.52 points
    Commercial Vehicle Operator’s Registration – September 2022 81
    Inspections
    Definition of Column Headings
    Units inspected (U): The number of units, including vehicles and drivers, inspected in a
    given period.
    Inspection-threshold points (Yins): The number of inspection points in a given period
    for a specified number of units inspected that will result in being at 100 percent of
    inspection threshold.
    Yins = 7.789 + 0.139 x U
    Units
    Inspected
    U
    Inspection
    threshold
    points
    Yins
    1 7.93
    2 8.07
    3 8.21
    4 8.35
    5 8.48
    6 8.62
    7 8.76
    8 8.90
    9 9.04
    10 9.18
    11 9.32
    12 9.46
    13 9.60
    14 9.74
    15 9.87
    16 10.01
    17 10.15
    18 10.29
    Units
    Inspected
    U
    Inspection
    threshold
    points
    Yins
    19 10.43
    20 10.57
    21 10.71
    22 10.85
    23 10.99
    24 11.13
    25 11.26
    26 11.40
    27 11.54
    28 11.68
    29 11.82
    30 11.96
    31 12.10
    32 12.24
    33 12.38
    34 12.52
    35 12.65
    36 12.79
    Units
    Inspected
    U
    Inspection
    threshold
    points
    Yins
    37 12.93
    38 13.07
    39 13.21
    40 13.35
    41 13.49
    42 13.63
    43 13.77
    44 13.91
    45 14.04
    46 14.18
    47 14.32
    48 14.46
    49 14.60
    50 14.74
    51 14.88
    52 15.02
    53 15.16
    54 15.30
    Commercial Vehicle Operator’s Registration – September 2022 82
    Units
    Inspected
    U
    Inspection
    threshold
    points
    Yins
    55 15.43
    56 15.57
    57 15.71
    58 15.85
    59 15.99
    60 16.13
    61 16.27
    62 16.41
    63 16.55
    64 16.69
    65 16.82
    66 16.96
    67 17.10
    68 17.24
    69 17.38
    70 17.52
    71 17.66
    72 17.80
    73 17.94
    74 18.08
    75 18.21
    76 18.35
    77 18.49
    78 18.63
    79 18.77
    80 18.91
    81 19.05
    Units
    Inspected
    U
    Inspection
    threshold
    points
    Yins
    82 19.19
    83 19.33
    84 19.47
    85 19.60
    86 19.74
    87 19.88
    88 20.02
    89 20.16
    90 20.30
    91 20.44
    92 20.58
    93 20.72
    94 20.86
    95 20.99
    96 21.13
    97 21.27
    98 21.41
    99 21.55
    100 21.69
    110 23.08
    120 24.47
    130 25.86
    140 27.25
    150 28.64
    160 30.03
    170 31.42
    180 32.81
    Units
    Inspected
    U
    Inspection
    threshold
    points
    Yins
    190 34.20
    200 35.59
    210 36.98
    220 38.37
    230 39.76
    240 41.15
    250 42.54
    260 43.93
    270 45.32
    280 46.71
    290 48.10
    300 49.49
    310 50.88
    320 52.27
    330 53.66
    340 55.05
    350 56.44
    360 57.83
    370 59.22
    380 60.61
    390 62.00
    400 63.39
    410 64.78
    420 66.17
    430 67.56
    440 68.95
    450 70.34
    Commercial Vehicle Operator’s Registration – September 2022 83
    Units
    Inspected
    U
    Inspection
    threshold
    points
    Yins
    460 71.73
    470 73.12
    480 74.51
    490 75.90
    500 77.29
    510 78.68
    520 80.07
    530 81.46
    540 82.85
    550 84.24
    560 85.63
    570 87.02
    580 88.41
    590 89.80
    600 91.19
    610 92.58
    620 93.97
    630 95.36
    640 96.75
    650 98.14
    660 99.53
    670 100.92
    Commercial Vehicle Operator’s Registration – September 2022 84
    Note: An operator’s rate of travel may not match an exact value in the tables. To
    interpolate a value, you may use the following formula.
    Threshold Point = Test where
    Test = Ta + (Tb – Ta) x (Ub – Uest) ÷ (Ub – Ua)
    Example :
    Assume you had 397 units inspected (Uest) = 397 units.
    Test = Ta + (Tb – Ta) x (Uest – Ua) ÷ (Ub – Ua)
    = 62.00 + (63.39 – 62.00) x (397 – 390) ÷ (400 – 390)
    = 62.00 + 1.39 x 7 ÷ 10
    = 62.00 + 0.97
    = 62.97 points
    Ontario Specific Enforcement Issues – September 2022 85
    Commercial Vehicle Operators’ Safety Manual
    Module 5 – Ontario Specific Enforcement Issues
    Overview ……………………………………………………………………………………………………….. 86
    Ontario Specific Enforcement Issues – Learning Objectives ………………………………….. 87
    Commercial Vehicle Impoundment Program ……………………………………………………….. 88
    INTRODUCTION ………………………………………………………………………………………………………………………… 88
    COMMERCIAL VEHICLE IMPOUNDMENT …………………………………………………………………………………………. 88
    VEHICLES THAT CAN BE IMPOUNDED …………………………………………………………………………………………… 89
    WHAT IS A CRITICAL DEFECT? ……………………………………………………………………………………………………. 89
    LOCATIONS FOR CRITICAL-DEFECT INSPECTIONS AND IMPOUNDMENT …………………………………………………. 89
    CVIP AFFECT ON BUSES …………………………………………………………………………………………………………… 89
    CONSEQUENCES OF VEHICLES IMPOUNDED UNDER CVIP ………………………………………………………………… 90
    COST OF IMPOUNDMENT ……………………………………………………………………………………………………………. 90
    IMPOUND FACILITIES ………………………………………………………………………………………………………………… 91
    WHAT HAPPENS TO THE LOAD? ………………………………………………………………………………………………….. 91
    APPEAL PROCESS ……………………………………………………………………………………………………………………. 91
    EFFECT ON YOUR CVOR RECORD ……………………………………………………………………………………………… 91
    Mandatory Truck Speed Limiters ………………………………………………………………………. 93
    TRUCKS THAT REQUIRE SPEED LIMITERS ……………………………………………………………………………………… 93
    LEGISLATION …………………………………………………………………………………………………………………………… 93
    ENFORCEMENT ……………………………………………………………………………………………………………………….. 93
    BENEFITS ………………………………………………………………………………………………………………………………. 94
    Ontario Specific Enforcement Issues – September 2022 86
    Overview
    The Commercial Safety and Compliance Branch of the Ministry of Transportation of
    Ontario has prepared this guide to assist and ensure that truck and bus companies
    (commercial vehicle operators) operate safely and are compliant with the regulations
    that govern highway use. Ontario, other provinces, the Government of Canada and the
    transportation industry developed the rules and regulations to help reduce the number
    and severity of collisions. Each jurisdiction has used the National Safety Code
    standards as guides in drafting their own transportation safety legislation. This approach
    promotes uniformity across Canada and helps to ensure that the transportation industry
    remains as viable and sustainable as possible.
    This guide applies to Ontario operators of commercial motor vehicles that are:
    ▪ Trucks, tractors, mobile equipment vehicles or trailers and/or any combination of
    these vehicles that have a registered gross weight or actual weight of more than
    4,500 kilograms
    ▪ Tow trucks, regardless of registered gross weight or actual weight
    ▪ Buses with a manufactured seating capacity of 10 persons or more, excluding
    the driver
    ▪ Accessible vehicles and school purposes vehicles, depending upon use
    The guide contains several modules, each dealing with a specific topic. To get a
    complete picture of compliance requirements, you should obtain the complete guide. If
    you intend to use certain parts of this guide only (for example, Module 1, “Getting
    Started”) it is recommended that you also obtain the modules “Introduction” and
    “Commercial Vehicle Operator’s Registration.”
    This is a guide only and is not meant to be a substitute for the relevant statutes
    and regulations. This guide highlights some important legal provisions but is not
    an exhaustive description of all the laws that apply.
    Ontario Specific Enforcement Issues – September 2022 87
    Ontario Specific Enforcement Issues – Learning Objectives
    As you work through this module, you will develop an understanding of:
    ✓ The commercial vehicle impound process
    ✓ Violations that can result in a vehicle being impounded and the effects of
    having a vehicle impounded under the program
    ✓ Who has the authority to impound your vehicle
    ✓ Speed-limiter requirements
    ✓ Which vehicles require a speed limiter and the benefits to your business
    by reducing the speed of large trucks
    Ontario Specific Enforcement Issues – September 2022 88
    Commercial Vehicle Impoundment Program
    Introduction
    On February 2, 1998, the Government of Ontario introduced the Commercial Vehicle
    Impoundment Program (CVIP) as part of its aggressive campaign to improve
    commercial vehicle safety in this province. This program was a principal
    recommendation of Target ’97, a joint industry/government task force that has worked
    together closely to improve truck safety in Ontario.
    Commercial Vehicle Impoundment
    Commercial vehicle impoundment is part of a progressive enforcement program where
    critically defective commercial vehicles are impounded for a minimum of 15 days.
    Ontario is the first jurisdiction in North America to impound commercial vehicles for
    critical defects.
    If one or more critical defects are found on a bus, truck or trailer, an officer will remove
    the plates and inspection stickers from the specific vehicle unit. Vehicles will not be
    impounded for defects found that meet the Commercial Vehicle Safety Alliance (CVSA)
    out-of-service criteria.
    A vehicle found with a critical defect would be in far worse condition than a vehicle that
    just meets the out-of-service criteria.
    If a vehicle is found to have critical defects, the Deputy Registrar of Motor Vehicles
    issues an order to impound the vehicle and suspend the vehicle registration. The
    vehicle’s load will be removed at the inspection location and the vehicle will be
    transported, by a third-party contractor, to a secure impound facility.
    The vehicle must remain at the impound facility for the designated period. After this
    period, the owner may claim the vehicle after all costs associated with the towing,
    removal and impoundment have been paid. The vehicle must then obtain a Safety
    Standards Certificate certifying it as safe before it can be operated in Ontario. Safety
    Standards Certificates can only be issued by a licenced Motor Vehicle Inspection
    Station after the vehicle is released from the impound facility. Commercial vehicles that
    are abandoned at impound facilities will be disposed of under the provisions of the
    Repair and Storage Liens Act.
    Ontario Specific Enforcement Issues – September 2022 89
    Vehicles That Can Be Impounded
    Any commercial motor vehicle that is operated by a Commercial Vehicle Operator’s
    Registration (CVOR) or National Safety Code (NSC) holder, or one that would require
    CVOR or NSC registration, and has a gross weight or registered gross weight
    exceeding 4,500 kilograms may be subject to impound if it is operated with critical
    defects. This includes buses, trucks and trailers drawn by these vehicles. This also
    includes all tow trucks, regardless of weight.
    Exemptions:
    Ambulances, fire vehicles, hearses, casket wagons and motor homes are not affected
    by this legislation.
    What Is a Critical Defect?
    The critical-defect criteria set out clear guidelines for determining when defects are
    serious enough to be considered critical to the safe operation of a commercial vehicle or
    trailer. These criteria have been developed for brakes, wheels and rims, steering, tires
    and suspension/frame components.
    Commercial vehicles are in a significantly greater state of disrepair when impounded for
    critical defects than when they are taken out of service for failing to meet international
    standards set by the Commercial Vehicle Safety Alliance (CVSA). For example, a
    vehicle is placed out of service if 20 percent or more of its wheels have brake defects.
    However, this defect would be considered critical if more than 50 percent of its wheels
    have brake defects.
    The critical-defect criteria, which were developed by government and industry, are
    detailed in Regulation 512/97 of the Highway Traffic Act. Copies of the regulations are
    available on the e-Laws website.
    Locations for Critical-Defect Inspections and impoundment
    Inspections for critical defects and impoundment are carried out at specified truck-
    inspection stations across the province. These stations are selected for their strategic
    location and their exposure to high volumes of commercial traffic.
    CVIP Affect on Buses
    Buses, including school buses and motor coaches, are commercial vehicles and are
    subject to impoundment.
    Ontario Specific Enforcement Issues – September 2022 90
    CVIP Affect on Tow Trucks
    Tow trucks are commercial vehicles and are subject to impoundment.
    Consequences of Vehicles Impounded under CVIP
    After the vehicle is inspected and found to have critical defects, charges are laid against
    the owner and/or operator and/or driver. The vehicle is then impounded for a
    prescribed period. Before the impounded vehicle is removed from the inspection site, it
    must be off-loaded, repaired and put in a safe condition for towing. Vehicles that cannot
    be made safe for towing must be placed on a flat-bed trailer and transported to the
    impound facility.
    The impoundment period is 15 days for the first incident within a two-year period. A
    second incident within two years will result in a 30-day impoundment. A third or
    subsequent incident within two years carries a 60-day impoundment.
    The operator will be charged with “operating an unsafe vehicle” and is responsible for
    all costs associated with the removal, transfer and storage of the load.
    The owner is also liable for the fees and costs associated with towing and
    impoundment, and cannot use the vehicle for doing business during the impoundment
    period.
    The driver may also be subject to charges. Fines for safety-related offences are set out
    in the Provincial Offences Act and may be as high as $20,000.
    When the impound period is complete, the vehicle is released by the Deputy Registrar
    and must be towed or floated to a qualified repair facility. The vehicle cannot be driven
    on any Ontario highway until it has been inspected and a safety standards certificate
    has been issued. Only then will plates and permits be reissued for the vehicle.
    Cost of Impoundment
    The fees charged for towing, floating, storage of vehicles and goods, and the transfer of
    loads are established in contracts between MTO and impound facilities.
    Although a reasonable fee schedule has been established, they may be higher where
    towing distances are longer or in urban areas where commercial property costs may be
    higher.
    This is a user-pay system, whereby the impound facility is paid directly by the
    owner/operator responsible for the vehicle and load.
    Ontario Specific Enforcement Issues – September 2022 91
    Impound Facilities
    Impound facilities are located within a reasonable towing distance of the inspection
    location that they serve. One impound facility may provide service to more than one
    inspection location if the facility is in close proximity to multiple inspection sites.
    The selection of impound facilities is based upon their ability to provide secure, reliable
    service at a reasonable cost.
    What Happens to the Load?
    All impounded vehicles must be off-loaded at the inspection site. The load must then be
    transferred to another vehicle.
    This transfer of loads and loss of perishable cargo is the responsibility of the operator of
    the vehicle. Where buses are impounded, the operator is responsible for providing
    alternate transportation to the passengers.
    Appeal Process
    The owner of the vehicle is the only party who can appeal the impoundment. An appeal
    may be made to the Licence Appeal Tribunal on one of two grounds:
  1. If the vehicle was stolen
  2. If the critical defect was not present at the time of the daily inspection
    During the appeal, the owner may apply to the Superior Court of Justice to have the
    vehicle released from the impound facility after all fees and towing charges have been
    paid and security has been posted. The Superior Court of Justice will set security of
    between $5,000 and $10,000.
    If the appeal is successful, the owner will be reimbursed by the Crown for the cost of
    towing and impound fees.
    If the Order to Impound and Suspend is not overturned, the owner must return the
    vehicle to the impound facility for the remainder of the period or forfeit the posted
    security.
    Appeals will be conducted orally unless a written hearing is requested and agreed
    upon. Hearings will be heard as quickly as possible and decided on within 30 days
    where required. Appeals may be heard in numerous locations across Ontario.
    Effect on Your CVOR Record
    The impoundment will be recorded on the operator’s CVOR record and applicable
    points will be assigned.
    Ontario Specific Enforcement Issues – September 2022 92
    For further information contact:
    Ministry of Transportation
    Commercial Safety and Compliance Branch
    Commercial Vehicle Impoundment Program
    301 St. Paul St., 3rd Floor
    St. Catharines, Ontario L2R 7R4
    Telephone: (416) 246-7166 or 1-800-387-7736 (in Ontario only)
    Fax: (905) 704-2683
    Ontario Specific Enforcement Issues – September 2022 93
    Mandatory Truck Speed Limiters
    A speed limiter is an electronic device that is installed in heavy trucks, and caps the
    speed at a maximum of 105 km/h. Most large trucks driven in Ontario are required to
    use speed limiters.
    Studies conducted by the federal government, through Transport Canada, have
    demonstrated the environmental, safety and cost-saving benefits of speed limiters.
    Ontario and Québec worked together to jointly launch and implement speed-limiter
    regulations.
    Trucks That Require Speed Limiters
    If a commercial motor vehicle was built after December 31, 1994, with a manufacturer’s
    gross vehicle weight rating of 11,794 kilograms or more, and is equipped with an
    electronic control module, then the vehicle is subject to being speed limited.
    Exemptions to these apply only to a limited number of vehicle types such as
    ambulances or fire trucks.
    Legislation
    Ontario passed legislation and supporting regulations to mandate the use of speed
    limiters on commercial vehicles in 2008. Links to the legislation and regulations can be
    found below:
  • Legislation
  • Regulation
    Enforcement
    Police and MTO enforcement officers use both existing traffic-control techniques and
    portable electronic testing units to verify the activation of a vehicle speed limiter at a
    maximum of 105 km/h.
    The use of portable electronic testing units provides access to the vehicle engine data,
    and confirms if the limiter has been activated at a speed of 105 km/h or less. It is
    necessary for officers to plug into a data port located within the cab of the truck. Failure
    to assist with or allow the inspection will result in charges.
    Ontario Specific Enforcement Issues – September 2022 94
    Benefits
  • Reducing the speed of a vehicle will result in lower fuel consumption that helps
    reduce greenhouse gas emissions and saves money on fuel purchases.
  • Drivers expose themselves to a number of dangers by exceeding speed limits.
    Driving at higher speeds induces stress that results in fatigue and loss of
    concentration. Speeding makes it more difficult to react to changes, stop suddenly
    and control the vehicle – and, in case of a collision, the higher the speed, the more
    severe the collision.
  • Setting speed limiters at 105 km/h or less will reduce the operating costs of many
    transportation companies by reducing fuel consumption and increasing vehicle
    energy efficiency.
    Facility Audit and Operator Monitoring and Intervention – September 2022 95
    Commercial Vehicle Operators’ Safety Manual
    Module 6 – Facility Audit and Operator
    Monitoring and Intervention
    Overview ……………………………………………………………………………………………………….. 96
    Operator Monitoring, Intervention and Facility Audit – Learning Objectives ……………… 97
    Facility Audit Program ……………………………………………………………………………………… 98
    PROFILES ………………………………………………………………………………………………………………………………. 98
    Facility Audits and Carrier Safety Ratings …………………………………………………………… 99
    How to Prepare for a Facility Audit …………………………………………………………………… 100
    AUDIT PROCEDURE ………………………………………………………………………………………………………………… 101
    Documents That an Operator Must Provide to an Auditor ……………………………………. 101
    Audit Results ………………………………………………………………………………………………… 102
    Conducting a Self-Audit: A Step-by-Step Process ……………………………………………… 103
    VEHICLE MAINTENANCE PROFILE ………………………………………………………………………………………………. 103
    QUALIFICATION, RECORDS AND REPORTING (Q,R&R) PROFILE ……………………………………………………….. 106
    HOURS OF SERVICE PROFILE ……………………………………………………………………………………………………. 107
    Facility Audit Sample Size Guideline ………………………………………………………………… 108
    Intervention and Consequences of Non-Compliance ………………………………………….. 110
    Monitoring ……………………………………………………………………………………………………. 111
    CVOR MONITORING ………………………………………………………………………………………………………………. 111
    Progressive Intervention …………………………………………………………………………………. 112
    APPEALS ……………………………………………………………………………………………………………………………… 113
    Appendix A: Sample Calculation Qualification, Records and Reporting and Hours of
    Service Profiles …………………………………………………………………………………………….. 114
    Facility Audit and Operator Monitoring and Intervention – September 2022 96
    Overview
    The Commercial Safety and Compliance Branch of the Ministry of Transportation of
    Ontario has prepared this guide to assist and ensure that truck and bus companies
    (commercial vehicle operators) operate safely and are compliant with the regulations
    that govern highway use. Ontario, other provinces, the Government of Canada and the
    transportation industry developed the rules and regulations to help reduce the number
    and severity of collisions. Each jurisdiction has used the National Safety Code
    standards as guides in drafting their own transportation safety legislation. This approach
    promotes uniformity across Canada and helps to ensure that the transportation industry
    remains as viable and sustainable as possible.
    This guide applies to Ontario operators of commercial motor vehicles that are:
    ▪ Trucks, tractors, mobile equipment vehicles or trailers and/or any combination of
    these vehicles that have a registered gross weight or actual weight of more than
    4,500 kilograms
    ▪ Tow trucks, regardless of registered gross weight or actual weight
    ▪ Buses with a manufactured seating capacity of 10 persons or more, excluding
    the driver
    ▪ Accessible vehicles and school purposes vehicles, depending upon use
    The guide contains several modules, each dealing with a specific topic. To get a
    complete picture of compliance requirements, you should obtain the complete guide. If
    you intend to use certain parts of this guide only (for example, Module 1, “Getting
    Started”) it is recommended that you also obtain the modules “Introduction” and
    “Commercial Vehicle Operator’s Registration.”
    This is a guide only and is not meant to be a substitute for the relevant statutes
    and regulations. This guide highlights some important legal provisions but is not
    an exhaustive description of all the laws that apply.
    Facility Audit and Operator Monitoring and Intervention – September 2022 97
    Operator Monitoring, Intervention and Facility Audit – Learning
    Objectives
    As you work through this module, you will be able to:
    ✓ Understand how an operator is selected for a facility audit.
    ✓ Understand the three main elements of a facility audit.
    ✓ Understand how a facility audit affects your Carrier Safety Rating.
    ✓ Prepare for a facility audit.
    ✓ Describe procedures for carrying out a facility audit.
    ✓ Describe the documents and records that an auditor will review.
    ✓ Complete the step-by-step process of a self-audit.
    ✓ Understand how operators are monitored by MTO.
    ✓ Describe progressive discipline and how it can be used as a disciplinary tool.
    ✓ Identify administrative penalties.
    ✓ Understand the appeal process.
    Facility Audit and Operator Monitoring and Intervention – September 2022 98
    Facility Audit Program
    An operator can be subject to a facility audit at any time, and the Ministry of
    Transportation has the authority to audit an operator under the Highway Traffic Act.
    The Ontario facility audit is based on the Highway Traffic Act, which prescribes the
    requirements for commercial vehicle operators to maintain all driver and vehicle records
    within a defined time period and make them available to a facility auditor when
    requested.
    The current facility audit is a “risk based” assessment of the elements known to cause
    or contribute to commercial motor vehicle collisions, and to reduce that likelihood. The
    audit examines the operator’s safety-management controls that are in place, to ensure
    drivers are:
  1. Qualified to drive the operator’s equipment
  2. Conducting the proper inspections of the operator’s equipment and report
    deficiencies whenever they occur
  3. Compliant with the driving limitations and rest requirements of the Hours of
    Service regulation
    Profiles
    The three main elements (profiles) of a facility audit are:
    1) Vehicle Maintenance
    o Records current for a period of 24 months, or six months after the vehicle
    ceases to be operated
    2) Hours of Service
    o Records current for a period of six months
    3) Driver Qualification, Records and Reporting
    o Records current for a period of two years, or from the date the driver
    started with the operator (if less), or six months after the driver ceases to
    be employed.
    Facility Audit and Operator Monitoring and Intervention – September 2022 99
    Profile Contents and Weightings
    Vehicle Maintenance
    (100 points)
    Detection, Reporting and Repair (40)
    Preventive Maintenance (30)
    Records (20)
    Annual and Semi-Annual Inspections (10)
    Hours of Service
    (100 points)
    Quantified Margin of Error (90)
    Data Items (10)
    Qualifications, Records
    and Reporting
    (100 points)
    Qualified Driver (60)
    Driver Abstracts (15)
    Conviction Records (15)
    Operator Collisions (10)
    Facility Audits and Carrier Safety Ratings
    An operator must undergo a facility audit to become eligible for a satisfactory or
    excellent Carrier Safety Rating. This rating is based on the operator’s violation rate,
    audit compliance achieved and profile compliance rate.
    Where an operator fails an audit (with an audit compliance achieved of less than 55
    percent, or a score of less than 50 percent on any profile compliance rate), a rating of
    “conditional” may be proposed by the Deputy Registrar of Motor Vehicles.
    The overall audit score is expressed as:
    Pass – if the overall audit score is 55 percent or greater, and no profile is below
    50 percent
    Fail – if the overall audit score is below 55 percent, or any profile is below 50
    percent
    Facility Audit and Operator Monitoring and Intervention – September 2022 100
    How to Prepare for a Facility Audit
    The facility audit is one of many methods the ministry uses to monitor a commercial
    vehicle operator’s compliance with requirements for record-keeping, driver control and
    vehicle maintenance, to better achieve road safety.
    A facility audit is conducted for these reasons:
  • When on-road events change an operator’s overall violation rate, exceeding the
    allowable threshold by 50 percent
  • If an operator has previously failed a facility audit within the past five years, and
    has not passed an audit since that time
  • To verify that an operator is fulfilling commitments that were made to the Deputy
    Registrar
  • Operators may voluntarily request an audit to have their Carrier Safety Rating
    evaluated
  • To review complaints made about the unsafe performance of an operator’s
    driver, vehicle or both
    To maintain transparency in the audit process, the software used by the auditor is
    programmed to randomly select drivers. To meet the sample requirements of the
    vehicle maintenance profile, the auditor will first select vehicles from the operator’s
    Commercial Vehicle Operator’s Registration (CVOR) record and select “events” to
    satisfy the sample size requirements. Vehicles will be randomly selected only when a
    search of the operator’s CVOR record fails to meet the sample requirements.
    Facility Audit and Operator Monitoring and Intervention – September 2022 101
    Audit Procedure
    A facility auditor may contact the operator to schedule an audit, by phone or in writing.
    The purpose of the facility audit, as well as the documents that will be required, is
    clearly explained to the operator at that time. The auditor may also want to verify some
    details about the operator’s business during the call.
    At the entrance interview, the auditor explains the purpose, procedure, scoring and
    importance of the audit, and its potential impact on the operator’s Carrier Safety Rating
    and carrier profile.
    The auditor will also ask the operator to explain and demonstrate (with documentation)
    the hours of service and vehicle maintenance monitoring and recall systems used to
    assess whether they are complying with the regulations.
    An operator will be asked to produce, in writing, a preventive maintenance schedule.
    The document will be reviewed and used by the auditor to determine if the operator’s
    maintenance schedule is being followed.
    Documents That an Operator Must Provide to an Auditor
    The documents and records that an auditor will review are discussed at the time the
    audit is scheduled, and may include – but are not limited to – the following:
  • A complete driver/vehicle list (current and six months ago)
  • Driver abstracts
  • Collision reports
  • Independent time markers from operator or MTO records (for example, toll
    receipts, roadside inspection reports, conviction records and so on)
  • Payroll records
  • Invoices (cell phone, fuel, bridge-authority commercial accounts and so on)
  • Bills of lading
  • Operator’s invoice records
  • Bridge tolls
  • Accommodation/fuel receipts
  • Operator’s maintenance statements
    Facility Audit and Operator Monitoring and Intervention – September 2022 102
  • Maintenance files (power units and trailers)
  • Annual inspection certificates
  • Semi-annual inspection certificates
  • Driver logs and time records
  • Daily inspection reports
  • Dispatch records
  • Computer-generated records
  • Electronic on-board recording devices or GPS satellite tracking-systems reports,
    if applicable
  • Proof of insurance
  • Or any supporting document that could be used to assess compliance
    The audit will be completed in a timely manner, but its length will vary depending on a
    number of factors, such as the size of the operation, the availability of records, and the
    availability of the auditor and the operator’s support personnel.
    Audit Results
    After the audit is completed, an exit interview takes place. The operator receives a
    summary of the audit, with scores for each driver, vehicle and, if applicable, collision
    files that were examined. The operator will be given ample opportunity to review and
    discuss with the auditor the results of the audit and any possible charges.
    Facility Audit and Operator Monitoring and Intervention – September 2022 103
    Conducting a Self-Audit: A Step-by-Step Process
    Vehicle Maintenance Profile
    This profile examines the operator’s daily inspection and driver protocols, record-
    keeping and the retention of maintenance files. It is broken down into four distinct
    elements:
  • Detection, reporting and repair (40 points)
  • Preventive maintenance intervals (30 points)
  • Records (20 points)
  • Periodic mandatory commercial vehicle inspections (10 points)
    Step 1 – Calculating Detection, Reporting and Repair
    Examine the “event” date indicated on the commercial vehicle inspection report. If an
    inspection is not available, use any event that places the vehicle on the highway during
    the past six months.
  1. If the vehicle daily inspection reports (including schedules) are improper or
    missing, 10 points are deducted.
  2. If inspection reports indicating vehicle defects, copies of roadside inspection
    reports and report notices are not appropriately submitted by the driver, 10 points
    are deducted.
  3. If the reported vehicle defects are not repaired before the next vehicle dispatch,
    10 points are deducted.
  4. If the maintenance records do not contain the appropriate information required
    after the reporting of the defect, 10 points are deducted.
    ** The total number of points (maximum of 40) will be referred to as “A.

    Step 2 – Calculating Preventive Maintenance (PM) Intervals
    To calculate the PM score, record the most current date of preventive maintenance and
    work back a total of two years. The vehicle will be scored when:
    Facility Audit and Operator Monitoring and Intervention – September 2022 104
    Operators Maintenance Interval Points Removed
    PM < 90 days When PM interval exceeds 90 days PM > 90 days When PM interval is exceeded
    Based on mileage When interval and 90 days are exceeded
    If a vehicle is operated on a highway in contravention of any PM interval, the full 30
    points will be deducted.
    ** The total number of points (maximum of 30) will be referred to as “B.

    Step 3 – Annual and Semi-Annual Inspections
    Record the most current annual or, if applicable, the semi-annual inspection certificate,
    to a maximum of three.
    If a vehicle is operated on a highway within 24 months of the audit and in contravention
    to the annual and semi-annual inspection interval, 10 points will be deducted.
    ** The total number of points (maximum of 10) will be referred to as “C.

    Step 4 – Calculating the Score for Records
    This element of the vehicle maintenance profile is composed of four units, with a value
    of five points each:
  5. The operator’s PM program is in writing.
  6. The records and reports for the vehicle are maintained at the appropriate location
    (principal place of business or terminal).
  7. The records and reports have been maintained for two years, or for six months
    after the vehicle ceases to operate.
  8. The records and reports for the vehicle contain all the applicable information,
    such as dates, odometer readings of inspection and repair and so on, as required
    by Highway Traffic Act Regulation 199/07 Section 7 and 16.
    Facility Audit and Operator Monitoring and Intervention – September 2022 105
    Note:
  • When scoring this unit; do not use the daily inspection that was used in Step 1 in
    detection, reporting and repair.
  • Any leased vehicles or vehicles in the operator’s possession will receive a full
    score in Step 4 if the information in detection, reporting and repair is compliant.
    **The total number of points (maximum of 20 points) will be referred to as “D.

    To calculate each vehicle score, add the scores from each of the above steps:
    A + B + C + D equals a total of 100 potential points.
  • To calculate the eligible points for all vehicles in this profile, add all eligible points
    from the above steps.
  • The overall compliance achieved is expressed as a percentage of the total points
    and eligible points.
  • The compliance rate is expressed as points based on the percentage of
    compliance achieved.
    Facility Audit and Operator Monitoring and Intervention – September 2022 106
    Sample Calculation of the Vehicle Maintenance Profile
    Plate Number
    Detection,
    Reporting and
    Reporting
    (40%)
    Preventive
    Maintenance
    (30%)
    Annual and
    Semi-Annual
    Inspections
    (10%)
    Records Score
    111111 10.0% 0.0% 10.0% 5.0% 25.0%
    111112 10.0% 0.0% 0.0% 20.0% 30.0%
    111113 30.0% 30.0% 10.0% 15.0% 85.0%
    111114 0.0% 30.0% 10.0% 15.0% 55.0%
    112222 30.0% 30.0% 10.0% 20.0% 90.0%
    122223 40.0% 0.0% 10.0% 20.0% 70.0%
    TOTAL POINTS 120.0 90.0 50.0 95.0 355.0
    Eligible Points 240.0 180.0 60.0 120.0 600.0
    Compliance
    Achieved 50.0% 50.0% 83.3% 79.1% 59.1%
    Compliance Rates 20.0 15.0 8.3 15.83 50.17
    Qualification, Records and Reporting (Q,R&R) Profile
    This profile consists of several elements that are tailored to fit the specific operational
    scope of the operator. Driver qualifications, conviction reporting and record retention
    are examined and, if applicable, the reporting and resolution of collisions. Retention
    periods vary for each element, and are explained below. Operators may be exempt
    from certain record-keeping requirements, such as being a driver/owner. Points are
    blended to represent only those elements applicable to the operator.
    The profile elements and their represented weighting are as follows:
    Qualified Drivers (60 percent)
    Driver Abstracts (15 percent)
    Conviction Records (15 percent)
    Operator Collisions (10 percent)
    Facility Audit and Operator Monitoring and Intervention – September 2022 107
    The driver/owners would not be expected to acquire and retain abstracts and records
    on themselves. In those cases, the 60-percent rating for qualified drivers is then
    expressed as 100 percent. Operators with no collisions on their records will
    automatically receive the 10 percent for operator collisions. Drivers selected for this
    profile will be used in the hours of service profile.
    See Appendix A,
    “Sample Calculation of the QR&R and Hours –of -Service Profiles,
    ” for
    details.
    Hours of Service Profile
    Definition
    A quantified margin of error (QMOE) is the difference, in hours, between what a driver
    reports on his daily log and the time indicated on a supporting source document. All
    times are recorded to the quarter-hour (15 minutes).
    The margin of error can be calculated in the following manner:
  1. The time in excess of the driving limitations (13-,14- and 16-hour rule)
  2. The time in excess of the cycle limitations (70- and 120-hour rule)
  3. Driver scored “missing 24 hours” for a missing daily log or time record
  4. For a false daily log, time difference doubled when it exceeds two hours
    Calculating the Driver Profile
    To calculate a driver score, the following steps must be followed:
  5. Record all the on-duty time reported by the driver for a one-month period (call it
    X).
  6. Examine each day of the month by comparing receipts for bridge tolls, fuel,
    accommodation and meals, telephone and GPS documents to the entries
    indicated on the driver’s daily log.
  7. When more than one margin of error is detected in a day, only record the
    highest.
  8. Total all margins of error for the month (call it Y).
    Facility Audit and Operator Monitoring and Intervention – September 2022 108
    When Y exceeds 10 percent of the X total, the driver has lost all of the 90 points
    available. The driver can lose 10 data points if the hours –of -service documents fail to
    record name, duty statuses, odometer readings, location, vehicle plate number, cycle,
    address, previous hours, date and time/total.
    For a sample calculation, refer to Appendix A, “Sample Calculation of the QR & R and
    Hours of Service Profiles.”
    Facility Audit Sample Size Guideline
    Number
    (Driver/Vehicles)
    Sample Size
    (Driver/Vehicles)
    1 1
    2 to 5 ALL
    6 to 9 6
    10 to 12 8
    13 to 15 9
    16 to 18 10
    19 to 22 11
    23 to 26 12
    27 to 32 13
    33 to 40 14
    41 to 50 15
    51 to 64 16
    65 to 85 17
    86 to 121 18
    122 to 192 19
    193 to 413 20
    144 to 500 21
  • 501 25
    Facility Audit and Operator Monitoring and Intervention – September 2022 109
    For further information on vehicle maintenance and hours of service requirements, refer
    to the Highway Traffic Act.
    Vehicle Maintenance
    O. Regulation 199/07 (Commercial Motor Vehicle Inspections)
    Hours -of Service Requirements
    O. Regulation 555/06 (Hours of Service)
    For more information please contact:
    Facility Audit Administrator
    Carrier Sanctions and Investigations Office
    Ministry of Transportation
    301 St. Paul Street, 3rd Floor
    St. Catharines, ON L2R 7R4
    Tel: 1-800-387-7736 (within Ontario only) or 1-416-246-7166
    Fax: 905-704-2039
    Facility Audit and Operator Monitoring and Intervention – September 2022 110
    Intervention and Consequences of Non-Compliance
    As a result of an audit, MTO may take any one or a combination of the following
    intervention options:
    ▪ no action, as the operator has demonstrated acceptable compliance
    ▪ request a comprehensive action plan, acceptable to MTO, which the operator
    must develop
    ▪ impose conditions on the operator’s CVOR certificate, requiring the operator to
    take specific actions by the specified dates
    ▪ not issue various types of permits or certificates
    Facility audit information is quantified and becomes an integral part of determining an
    operator’s Carrier Safety Rating. Therefore, it is essential that an operator demonstrate
    a high level of compliance to maintain an acceptable safety rating. Failure to do so may
    lead to an operator being restricted or prevented from operating commercial vehicles in
    the Province of Ontario.
    Facility Audit and Operator Monitoring and Intervention – September 2022 111
    Monitoring
    Operators are expected to achieve and maintain a high level of safety compliance by
    adopting effective safety-management practices.
    In spite of the benefits of operating safely, some operators persist in a pattern of non-
    compliance with safety-related regulations. The ministry takes a progressive approach
    in dealing with them, in the hope of changing their behaviour.
    Operators are routinely monitored for safety compliance. Duties of the ministry’s
    enforcement staff include:
    ▪ patrolling the highways to detect violations and contribute to the safe movement
    of goods and people
    ▪ conducting facility audits and investigating serious safety issues
    ▪ conducting dangerous-goods inspections
    CVOR Monitoring
    Operators based in Ontario, as well as US-based operators that operate in Ontario,
    must obtain a CVOR certificate from the ministry.
    This registration permits the ministry to gather all information relating to their operations
    in Ontario. Information is sent to the ministry from agencies across North America,
    where it is monitored and analyzed by ministry staff, and provides the basis for
    establishing an operator’s safety rating.
    The CVOR system tracks the on-road safety performance of each registrant operator.
    The goal of the CVOR system is to improve road safety for all users of Ontario
    highways, by having an effective monitoring and intervention system for all carriers.
    Poor performance may result in the loss of privileges to operate commercial motor
    vehicles.
    All operators who are required to operate their vehicles under the authority of a CVOR
    certificate are monitored in the following areas:
    ▪ Collisions
    ▪ Convictions
    ▪ Inspections
    ▪ Commercial Vehicle Safety Alliance inspection results
    Facility Audit and Operator Monitoring and Intervention – September 2022 112
    For more information on CVOR monitoring, violation rates and Carrier Safety
    Rating, see Module 4 of this manual.
    Progressive Intervention
    The purpose of ministry sanctions and intervention is to reduce the number and severity
    of collisions, and reduce risk to the public. This program ensures that operators
    demonstrating non-compliance are approached in a consistent, fair and objective
    manner, yet is flexible enough to allow for special circumstances.
    When contemplating an intervention action with an operator, the ministry considers:
    ▪ Predetermined stages established
    ▪ Information in the operator’s profile
    ▪ Operator’s monitoring stage (if any)
    ▪ Audit information collected
    ▪ Information collected through an investigation or inspection
    ▪ Other appropriate information about significant incidents related to safety or
    compliance to safety laws
    ▪ Disciplinary letters sent regarding unacceptable performance
    ▪ Charges laid resulting from a facility audit
    ▪ Direction to the operator to arrange for a compliance audit
    ▪ “Conditional” Carrier Safety Rating
    ▪ Suspension/cancellation of the operator’s operating privileges
    ▪ “Unsatisfactory” Carrier Safety Rating
    ▪ Fleet limitation
    ▪ Seizure of plates
    When considering an intervention, the level of risk that the operator represents to the
    road safety will be considered. Operators representing the greatest risk to the road
    safety will be given the least amount of time to make adjustments to their practices.
    Operators that present an immediate risk to public safety will be dealt with using any of
    the available tools considered appropriate at the time.
    Facility Audit and Operator Monitoring and Intervention – September 2022 113
    Sanctions and interventions are progressive in nature, and ensure that all operators
    are treated in a consistent and fair manner. They are used to modify an operator’s
    behaviour and obtain positive change. An operator might progress through some or all
    of these intervention actions until their activities are managed appropriately and safely.
    If an operator fails to properly manage their administrative and safety processes, they
    may be issued an unsatisfactory or conditional safety rating, or ultimately lose their
    privileges and have their CVOR certificate cancelled. This would mean that they could
    no longer operate commercial vehicles on any highways in Ontario.
    Appeals
    If the operator believes a penalty imposed by the Deputy Registrar was not appropriate,
    then the operator has the option of initiating an appeal to the Licence Appeal Tribunal as
    per subsection 50(1) of the Highway Traffic Act.
    The HTA allows the operator to file an appeal within 30 days of notification of a decision,
    or an action, that has been imposed on them by the Deputy Registrar. For a fee, appeal
    hearing application forms can be obtained from the Licence Appeal Tribunal.
    For additional information, visit the Licence Appeal Tribunal website or call (416) 314-
    4270.
    Facility Audit and Operator Monitoring and Intervention – February 2022 114
    Appendix A: Sample Calculation Qualification, Records and Reporting and Hours of Service Profiles
    Safety Programs, Record Keeping and Driver Files – September 2022 115
    Commercial Vehicle Operators’ Safety Manual
    Module 7 – Safety Programs, Record-Keeping and
    Driver Files
    Overview ……………………………………………………………………………………………………… 116
    Safety Programs, Record-Keeping and Driver Files – Learning Objectives …………….. 117
    Safety Programs …………………………………………………………………………………………… 118
    WHY A SAFETY PROGRAM IS GOOD PRACTICE …………………………………………………………………………….. 118
    WHO THE SAFETY PROGRAM IS FOR ………………………………………………………………………………………….. 118
    Due Diligence ……………………………………………………………………………………………….. 119
    Components of a Safety Program ……………………………………………………………………. 120
    Developing a Written Safety Program ………………………………………………………………. 121
    WRITTEN POLICIES, PROCEDURES AND PRACTICES ………………………………………………………………………. 121
    TRAINING ……………………………………………………………………………………………………………………………… 121
    MEASUREMENT / EVALUATION ………………………………………………………………………………………………….. 121
    DISCIPLINE / ENFORCEMENT …………………………………………………………………………………………………….. 121
    Components of a Comprehensive Safety Program …………………………………………….. 122
    THE HIRING PROCESS …………………………………………………………………………………………………………….. 122
    ORIENTATION ………………………………………………………………………………………………………………………… 123
    TRAINING ITEMS FOR A SAFETY PROGRAM ………………………………………………………………………………….. 124
    Driver Files …………………………………………………………………………………………………… 125
    Incident Reporting Processes and Procedures ………………………………………………….. 131
    INCIDENT RESPONSE PROCEDURES …………………………………………………………………………………………… 131
    COLLISION EVALUATION ………………………………………………………………………………………………………….. 132
    SUBSTANCE ABUSE POLICY ……………………………………………………………………………………………………… 132
    DISCIPLINE PROCESS ……………………………………………………………………………………………………………… 132
    COMPLIANCE WITH LEGISLATION ……………………………………………………………………………………………….. 132
    Safety Programs, Record Keeping and Driver Files – September 2022 116
    Overview
    The Commercial Safety and Compliance Branch of the Ministry of Transportation of
    Ontario has prepared this guide to assist and ensure that truck and bus companies
    (commercial vehicle operators) operate safely and are compliant with the regulations
    that govern highway use. Ontario, other provinces, the Government of Canada and the
    transportation industry developed the rules and regulations to help reduce the number
    and severity of collisions. Each jurisdiction has used the National Safety Code
    standards as guides in drafting their own transportation safety legislation. This approach
    promotes uniformity across Canada and helps to ensure that the transportation industry
    remains as viable and sustainable as possible.
    This guide applies to Ontario operators of commercial motor vehicles that are:
    ▪ Trucks, tractors, mobile equipment vehicles or trailers and/or any combination of
    these vehicles that have a registered gross weight or actual weight of more than
    4,500 kilograms
    ▪ Tow trucks, regardless of registered gross weight or actual weight
    ▪ Buses with a manufactured seating capacity of 10 persons or more, excluding
    the driver
    ▪ Accessible vehicles and school purposes vehicles, depending upon use
    The guide contains several modules, each dealing with a specific topic. To get a
    complete picture of compliance requirements, you should obtain the complete guide. If
    you intend to use certain parts of this guide only (for example, Module 1, “Getting
    Started”) it is recommended that you also obtain the modules “Introduction” and
    “Commercial Vehicle Operator’s Registration.”
    This is a guide only and is not meant to be a substitute for the relevant statutes
    and regulations. This guide highlights some important legal provisions but is not
    an exhaustive description of all the laws that apply.
    Safety Programs, Record Keeping and Driver Files – September 2022 117
    Safety Programs, Record-Keeping and Driver Files – Learning
    Objectives
    As you work through this module, you will be able to:
    ✓ Identify best practices of record-keeping and development of a safety
    program.
    ✓ Understand the benefits of developing a safety program.
    ✓ Identify the recommended components of a safety program.
    ✓ Develop those policies that could be included in the safety program.
    ✓ Understand the importance and benefit of a clear hiring, training and
    orientation process.
    ✓ Develop a process for record-keeping.
    ✓ Describe the requirements for a driver file.
    ✓ Understand how, and what data to analyze, to keep an effective and current
    safety program.
    Some aspects of this module provide guidance to operators with one or more employees. It is
    understood that not all operators will have employees, however, the intent is to assist those who
    do and prepare owner operators for future growth.
    Safety Programs, Record Keeping and Driver Files – September 2022 118
    Safety Programs
    In Ontario, there are no legal requirements under the Highway Traffic Act to develop or
    maintain a safety program for your business. However, it is considered a best practice
    to develop a program that addresses matters relating to the safe use and operation of
    commercial vehicles.
    Why a Safety Program Is Good Practice
    A safety program ensures that management has the information available to make
    proper decisions to establish safe working conditions for all operators and operator’s
    employees, coupled with heightened awareness of road-safety compliance. A good
    safety program will reduce property damage and, more importantly, prevent injuries and
    deaths. It is also a resource for the employees, to know and understand their rights and
    responsibilities.
    Other legislation such as the Occupational Health and Safety Act (OHSA) may require
    additional components to a safety program. To consult the OHSA, access the
    regulation on the E-Laws website.
    Or visit Ontario Ministry of Labour
    Or Federal Health and Safety
    Who the Safety Program Is For
    The safety program should apply to all employees involved in any function related to the
    truck or bus company, including but not limited to:
    ▪ Full-time, part-time and temporary drivers of regulated vehicles
    ▪ Person(s) managing/directing drivers, safety officers and maintenance personnel
    ▪ Administrative staff performing safety-related functions
    ▪ Person(s) repairing or fuelling vehicles
    ▪ Safety officers
    Safety Programs, Record Keeping and Driver Files – September 2022 119
    Due Diligence
    Due diligence – a defence often used in courts – means that everything reasonable was
    established and implemented to prevent a violation or incident. So, when developing,
    maintaining and implementing a safety program, you must understand your legal
    responsibilities. You are required to develop policies and procedures, and keep records
    indicating clearly that you have fulfilled your responsibilities. Ignorance of the law is not
    a defence.
    Here are some specific items that operators should consider to ensure due diligence:
    ▪ Knowing acts and regulations and keeping up to date with the changes
    ▪ Hiring qualified staff
    ▪ Documenting the responsibilities of staff involved in safety-related areas, as well
    as the general responsibilities of all staff in the workplace (for example, log-book
    requirements or emergency procedures)
    ▪ Educating staff on legislative requirements, company policies, procedures, rules
    and so on
    ▪ Monitoring internal safety systems to ensure compliance to written policies and to
    legislative requirements
    ▪ Informing staff of legislative or company policy changes
    ▪ Disciplining staff and documenting actions when they happen
    ▪ Keeping records to prove that a safety program has been established and
    implemented (for example, written policies and documenting training activities)
    Due diligence requires that all policies, procedures and activities must be in place
    before collisions or violations occur.
    Safety Programs, Record Keeping and Driver Files – September 2022 120
    Components of a Safety Program
    A safety program or plan is a written document that outlines the safety practices and
    expectations for all employees within an operator’s organization. A program needs to
    be customized to meet all of the safety issues of the operator.
    It is recommended that a safety program address at least the following issues:
    ▪ Speed limits, seat-belt use, drug and alcohol use, defensive driving, fatigue
    management, load security, and fuelling.
    ▪ Proper records and recording of information, including bills of lading, manifests,
    dangerous goods documents, time records, drivers’ daily logs, daily inspection
    reports and weigh slips.
    ▪ Policies indicating that drivers are expected to comply with the law, as well as
    policy and procedures related to driver training, responsibilities, conduct and
    discipline.
    ▪ Instructions for the use of safety equipment issued, including the use of flags and
    flares, fire extinguishers, goggles, and hard hats.
    ▪ Training for employees about safety laws and their application.
    ▪ An ongoing program for evaluating employees’ driving skills.
    ▪ Retention of complete records for each driver.
    ▪ Policies for ensuring that drivers are properly qualified for the type of vehicle that
    they operate.
    Communication is key to the success of a safety program. A system could be
    developed to ensure that:
    ▪ Management is aware of all critical items that affect the company, so they can
    respond to problems that arise.
    ▪ Items such as training, incidents, collisions, convictions and so on are
    documented.
    ▪ Recall systems are set up for items such as annual inspections, expiry dates for
    drivers’ licences, drivers’ abstracts and schedules (for preventive maintenance,
    future training and so on).
    ▪ Employees are trained, and trainers are qualified to give instruction.
    Safety Programs, Record Keeping and Driver Files – September 2022 121
    ▪ Employees, by attending training, know what is required to be in compliance with
    the expectations outlined in the safety program.
    Developing a Written Safety Program
    Though not required, it is considered a best practice to develop a written safety
    program. You should develop a policy statement, procedures, training requirements,
    recording method, evaluation and the consequences of non-compliance. You should
    also tailor your safety program to your specific needs.
    Written Policies, Procedures and Practices
    Policies and procedures inform and direct the behaviour of employees in an
    organization. Employees should be able to look up procedures for different situations.
    Each operator should identify critical situations and specify how each should be
    handled. Corrective measures should be identified in anticipation of an unsafe event.
    For example, a policy and procedures document outlining how to deal with a small fire
    in a terminal building or in a vehicle will inform the staff of what they should do in such a
    situation. Training on how to use portable fire extinguishers would give employees the
    skills and confidence required to deal safely with this situation.
    Training
    Employers have a legal obligation under the Occupational Health and Safety Act to
    make sure that their staff is properly trained for the duties to which they are assigned.
    After hiring, train all employees and re-train when necessary, to ensure that they will be
    able to carry out their responsibilities efficiently and safely.
    Keep a record of all staff training in the employee’s file.
    Measurement / Evaluation
    The operator should have procedures to evaluate the critical tasks. For example,
    reviewing drivers’ daily logs for completeness and accuracy is one means of evaluation.
    Discipline / Enforcement
    The operator should clearly identify the consequences of not complying with, or refusing
    to comply with, the adopted policies and procedures. Monitoring of compliance, and
    any disciplinary actions that result, should be progressive in nature and recorded.
    Safety Programs, Record Keeping and Driver Files – September 2022 122
    Components of a Comprehensive Safety Program
    What follows are important issues that should be considered in your safety program.
    The Hiring Process
    Drivers can be an operator’s most valuable asset, or its biggest liability. Care should be
    taken to ensure that your company attracts and develops qualified, professional drivers.
    Selective hiring of safe, skilled drivers with good work habits, who fit into the company
    environment, helps minimize employee turnover and reduces training costs.
    The following are tips for developing good hiring practices:
    ▪ Designate one person to oversee the hiring of new drivers.
    ▪ Consider how you advertise for new drivers. You may look to employees for
    referrals. If you advertise, stress your high standards, safety requirements and
    exclusive hiring practices.
    ▪ Focus on an applicant’s positive attitude, trainability and then relevant
    experience. It is much easier to train a new driver with a good attitude than to
    change the attitude of an experienced driver.
    ▪ Choose a maximum violation and collision threshold for new hires that you feel is
    reasonable. Consider if your threshold will include preventable collisions only, or
    all collisions. Do not hire the applicant if the threshold is exceeded.
    ▪ Look for a minimum experience level for new hires. If you cannot find an
    experienced driver, you may want to look at an applicant who displays the proper
    attitude and aptitude for training. Consider what type of equipment the candidate
    would be using. You may want to assign new hires to yard, dock or local duty for
    a probationary period.
    ▪ Conduct a personal interview to evaluate attitude, literacy and language skills.
    Consider the following in your interview process:
    o Question any employment gaps shown on a résumé.
    o Have a second interviewer confirm the candidate’s potential and
    capabilities.
    o Follow up by contacting references and past employers.
    o Look for positive attributes during the interview. These positive attributes
    include manners, professionalism, being open-minded to change, team-
    player orientated and so on. You want to hire an applicant who will fit into
    your company.
    Safety Programs, Record Keeping and Driver Files – September 2022 123
    o If the applicant has worked for a number of companies, find out why.
    Avoid hiring drivers with past performance problems.
    o Evaluate the financial performance of owner/operators. Those successful
    in the past are an indicator of long-term safety performance and of a good
    professional driver.
    o Review a current driver abstract to confirm history as a condition of
    employment.
    ▪ Use an experienced driver to conduct a driving evaluation of all possible new
    hires. Use a thorough test that includes two- and four-lane highways, city driving,
    and yard backing and parking. Things to look for include: shifting, turning, mirror
    usage, speed and general awareness. Develop a written and a road exam, or a
    check-off form, to test an applicant’s skills and knowledge.
    ▪ Look for positive attitudes in safety representatives, accountants, dispatchers,
    mechanics, dock workers and so on. Use much the same approach as in the
    hiring of drivers.
    ▪ Be honest with applicants. Fully explain what is expected of employees. Do not
    promise benefits and compensations that you will not be able to deliver.
    Orientation
    Orientation is part of employee training. The purpose of an orientation program is to
    familiarize new employees with their jobs and the company, including all policies and
    procedures.
    Use an experienced driver to assist with the orientation of new ones. Ensure that your
    experienced driver is suitably trained to do the orientation. Consider developing a list of
    “Must Always Do” and “Must Never Do” as part of your orientation program, to heighten
    consistency in material being covered in each case.
    Consider having new drivers ride with those who are experienced for a time period.
    Use experienced drivers who are committed to the company’s goals and objectives, and
    who have a proven safety record.
    If your company has numerous vehicle configurations, have the driver start with simpler
    equipment and advance to more specialized equipment as experience is gained.
    Experienced employees from other areas of your company can be used to assist with
    the orientation in their areas.
    Safety Programs, Record Keeping and Driver Files – September 2022 124
    Training Items for a Safety Program
    When providing training specifically, or at staff safety meetings, it is good practice to
    keep a record of the training offered, who took it and what results were obtained, along
    with a recall system to find the information at a later date. Choose the training
    programs and the instructors carefully to ensure that the training is effective and specific
    to your equipment.
    Some common topics to be covered in training are listed below. It is important to be
    consistent and provide the same training to all staff.
    ▪ Safety equipment
    ▪ Load security
    ▪ Vehicle operation and safe driving
    ▪ Hours of service
    ▪ Vehicle maintenance
    ▪ National Safety Code
    ▪ Company safety program
    ▪ Transportation legislation
    ▪ Occupational Health and Safety Act
    ▪ Highway Traffic Act and other relevant legislation
    Safety Programs, Record Keeping and Driver Files – September 2022 125
    Driver Files
    Operators to which Regulation 555/06 (Hours of Service) apply are required to monitor
    their drivers performance to ensure that they meet these regulated requirements.
    Operators are also required to document corrective action taken to address incidents of
    non-compliance.
    Below are the required and recommended items associated with a Ministry of
    Transportation facility audit to be kept in an operator’s drivers’ files for each person who
    is authorized to drive.
    Required Documents:
    ▪ A CVOR Driver’s Abstract obtained within the preceding 12 months of the audit.
    ▪ A record of all convictions and/or administrative penalties for provincial and
    federal legislation that have taken place in the last 24 months.
    ▪ Record of all collisions involving any commercial motor vehicles and a record of
    any action taken by the carrier to demonstrate that they have responded to the
    incident.
    ▪ Records that confirm the completion of dangerous goods training, if applicable.
    The operator uses this information, as well as training and testing, to decide whether or
    not the driver is fit to drive. All drivers, full time or part time, and any employees who
    may drive, should be included. Drivers hired from a pool must also be included. The
    operator should ensure that similar records are kept by the agency providing the drivers.
    In addition, an operator should consider including the following documents as part of its
    driver files:
    ▪ Completed application form.
    ▪ Record of three-year employment history.
    ▪ Record of all collisions involving any motor vehicle.
    ▪ Record of all training completed.
    ▪ Copy of current medical certificate (indirect information may be acceptable, such
    as a copy of the driver’s abstract or drivers licence).
    As a best practice, the operator should consider incorporating the following suggestions
    as part of their driver screening:
    ▪ Set up an annual review for all drivers.
    Safety Programs, Record Keeping and Driver Files – September 2022 126
    ▪ Provide recognition for good performance, as well as opportunities for
    improvement.
    ▪ Set up a recall system for notification of when records and training need to be
    updated.
    ▪ Obtain and review driver abstracts more than what is required (i.e. monthly,
    quarterly, etc.)
    ▪ Obtain and review the carrier profile every one to six months.
    The operator should use this information, as well as training and testing, to decide
    whether or not the driver is fit to drive. All drivers, full time or part time, and any
    employees who may drive, should be included. Drivers hired from a pool must also be
    included. The operator should ensure that similar records are kept by the agency
    providing the drivers.
    Safety Programs, Record Keeping and Driver Files – September 2022 127
    Driver Qualification File
    The Ministry of Transportation recommends that an operator set up an individual
    qualification file for each driver. A checklist of required and recommended
    documentation can be attached to the cover of each file, to assist the operator in
    maintaining up-to-date information. The operator should set up and keep files on each
    person authorized to drive their vehicles. This is to ensure that a driver is qualified and
    continues to be qualified to operate a commercial vehicle. The file should contain at
    least the following:
    ▪ Application for employment and employment history.
    ▪ Collision and violation disclosures.
    ▪ Driver record (abstract).
    ▪ Annual review of driver fitness.
    ▪ Corrective disciplinary action.
    ▪ Certificates of dangerous goods training.
    ▪ Record of training by driver.
    ▪ Record of medical requirements/expiry, if applicable.
  1. Application for Employment and Employment History
    Operator
    The driver’s completed application for employment, plus a complete employment
    history for at least three years immediately before the time the driver started working
    for the operator, are suggested.
  2. Single Driver Licence Disclosure
    Driver
    A driver is not allowed to hold more than one valid driver’s licence issued by any
    jurisdiction at any one time. To be hired by the operator, the driver should disclose
    the name of each province/ territory in Canada or US state/district/ territory where he
    or she is licensed; the class of licence held; whether or not that licence has been
    suspended; and the name in which each driver’s licence has been issued. While
    employed with the operator, the driver must also disclose, without delay, any
    suspensions, cancellation, prohibition or change in classification of the licence.
    Safety Programs, Record Keeping and Driver Files – September 2022 128
    Operator
    The operator should ensure that drivers only operate vehicles allowed by their
    licence class, conditions and endorsements.
  3. Disclosure of Collisions – Scored in a Facility Audit
    Driver
    A driver hired by an operator to drive a commercial vehicle shall immediately
    indicate to the operator, in writing, all details of collisions – and that, as a result of
    the collision:
    a. No one was injured
    b. No one died
    c. The apparent cost to repair property damage was less than $2,000
    All other collisions must be reported to a peace officer.
    Operator
    When a driver tells the operator about a collision, the operator should include this
    information in the driver’s qualification file.
    It is recommended that all collisions in which the driver has been involved should be
    reported to the operator. These include collisions that occur in private vehicles, as
    well as the operator’s vehicles.
    Operators should keep records of all collisions, conduct evaluations and take
    corrective action.
  4. Disclosure of Violations – Scored in a Facility Audit
    Driver
    Any driver of commercial vehicles should report any and all convictions resulting
    from the operation of a motor vehicle to the operator. This should be done in writing
    at the time of the conviction.
    Safety Programs, Record Keeping and Driver Files – September 2022 129
    Operator
    When a driver reports a conviction, the operator should keep the report for the
    current year and retain reports for four years, if applicable. Operators should review
    each violation and document all corrective action.
  5. Driver Abstract – Scored in a Facility Audit
    Driver
    Drivers should be required to provide the operator with a current driver abstract, or
    sign a release form allowing the operator to obtain the abstract.
    Operator
    The operator should obtain a driving abstract upon hiring a new driver, and at least
    every year after that. The operator should set up an internal process to make sure
    that abstracts are obtained.
  6. Annual Review of Driver Fitness
    Operator
    Before hiring a driver and for every year after that, the operator should review the
    driving abstract and decide whether or not the driver is fit to drive according to
    company policy. The operator should record the review in the driver qualification
    file.
    A copy of the driver’s current medical certificate must also be filed. Alternatively, an
    operator could satisfy this requirement if the driver’s file contained a copy of the
    employee’s valid driver’s licence and/or a current copy of the driver’s abstract.
    The review can range in scope from a formal employee appraisal interview to a
    dated and signed statement of the driver abstract. The review should include the
    date and a written confirmation by the operator that the driver is fit to continue
    driving. This document should be signed by the operator representative who
    conducted the driver evaluation and by the person who approved the driver’s fitness.
  7. Progressive Discipline
    The operator should have a program of progressive discipline for company
    personnel who violate hours of service and other regulations. The program must be
    consistent with federal and provincial legislation.
    The policy and the discipline procedure should be outlined, listing the steps up to,
    and including, termination. For example, this could be a four-step process involving
    a verbal warning, a written warning, a suspension and termination.
    Safety Programs, Record Keeping and Driver Files – September 2022 130
    The operator should record each event and be sure that:
    ▪ The employees know each step of the policy.
    ▪ As each step of the policy is enforced, the employee is notified in writing of
    the next step.
    ▪ If the violation happens again, the employee is notified.
    ▪ The policy is enforced in a consistent manner.
  8. Certificate of Dangerous Goods Training – Scored in a Facility Audit
    Driver
    Every driver who transports dangerous goods must possess a valid certificate of
    training that must be issued by their current employer. In Canada, the certificate of
    training is valid for a maximum of three years.
    Operator
    Every employer who issues a certificate of training shall keep a copy of it in the
    driver’s file for a period of at least two years longer than the expiry date of that
    certificate.
    Recommended Additional Documentation
    In addition to the required documents outlined previously, the Ministry of Transportation
    suggests that the operator keep the following information in the driver qualification files:
    ▪ Road test.
    ▪ Examinations or other supporting documentation used to train and evaluate staff.
    ▪ Alcohol and drug-testing records (drug testing is not a requirement for operators
    in Ontario).
    Safety Programs, Record Keeping and Driver Files – September 2022 131
    Incident Reporting Processes and Procedures
    Consider setting up a committee to investigate all collisions, near misses and incidents
    in which employees are injured and/or equipment or goods are damaged. This
    committee may include management and staff.
    All collisions, near misses and incidents should be reported and investigated, no matter
    how small. A near miss can easily result in an injury or a fatality, and should be
    thoroughly investigated.
    In the event of a collision, the operator should have a policy in place for employees to
    follow, which may include:
    ▪ Procedures a driver must follow when involved in a collision (many companies
    provide an information kit in all vehicles, including a camera).
    ▪ Procedures for forwarding collision information as soon as possible to the
    collision/incident investigation committee for investigation.
    ▪ Reporting summary form.
    ▪ Emergency contacts.
    Incident Response Procedures
    The committee may provide recommendations based on established written guidelines
    regarding preventable and non-preventable collisions. The committee may be able to
    detect patterns for the collisions/incidents, and make recommendations on how to avoid
    further mishaps.
    Response procedures should also include discussing the collision/incident at the next
    regularly scheduled safety meeting.
    Safety Programs, Record Keeping and Driver Files – September 2022 132
    Collision Evaluation
    Company collision statistics should be maintained to better understand the causes and
    address collision prevention. Consider the following factors:
    ▪ Day of the week.
    ▪ Time of the day.
    ▪ Hours driven over a period of time.
    ▪ Driver age.
    ▪ Driver experience.
    ▪ Preventable or non-preventable.
    ▪ Location.
    ▪ Environmental factors such as weather, road conditions, etc.
    Substance Abuse Policy
    Substance abuse refers to “continuous or excessive” use of legal substances such as
    alcohol and prescription drugs, as well as the use of illegal substances. Consider
    putting a “zero tolerance” clause in your policy for any substance that impairs an
    employee’s ability to carry out their job responsibilities.
    Discipline Process
    Using driver input, develop and follow a progressive disciplinary plan. Depending upon
    the number, severity and preventability of collisions/incidents over a period of time, the
    disciplinary plan may include a system of warnings, suspension, additional training and
    termination.
    Before any disciplinary action is taken, drivers should have prior knowledge of the
    disciplinary plan obtained through staff orientation, training or at regularly scheduled
    safety meetings. All actions taken, including verbal warnings, should be documented
    and included in the employee file.
    Compliance with Legislation
    Successful companies complete ongoing checks to ensure that legislation and policies
    and procedures are being followed. Random checks can be completed prior to
    monthly/quarterly staff safety meetings. This will give the company the opportunity to
    rectify problems on a timely basis, reduce collisions and injuries, and minimize
    expenses.
    Safety Programs, Record Keeping and Driver Files – September 2022 133
    Regularly select a sample of files for monitoring. Check driver records to ensure
    accuracy. Check logbooks for violations and accuracy. Be sure that drivers are
    following policies and procedures such as daily inspections and load security. Check
    vehicle files to ensure that maintenance is up to date and effective.
    Conduct annual reviews of driver and vehicle performance. Discuss your findings with
    the employees.
    Preventive Maintenance, Record Keeping and Vehicle Files – September 2022 134
    Commercial Vehicle Operators’ Safety Manual
    Module 8 – Preventive Maintenance, Record-
    Keeping and Vehicle Files
    Overview ……………………………………………………………………………………………………… 136
    Preventive Maintenance, Record-Keeping and Vehicle Files – Learning Objectives .. 137
    Truck, Bus and Trailer Maintenance ………………………………………………………………… 138
    PURPOSE …………………………………………………………………………………………………………………………….. 138
    REQUIREMENTS …………………………………………………………………………………………………………………….. 138
    PERFORMANCE STANDARDS …………………………………………………………………………………………………….. 138
    PREVENTIVE MAINTENANCE PROGRAM ………………………………………………………………………………………. 138
    Vehicle Inspections ……………………………………………………………………………………….. 140
    Daily Inspections …………………………………………………………………………………………… 141
    PURPOSE …………………………………………………………………………………………………………………………….. 141
    BRIEF OVERVIEW OF DAILY INSPECTION PROGRAM ……………………………………………………………………….. 141
    VEHICLES THAT REQUIRE DAILY INSPECTION ………………………………………………………………………………. 141
    VEHICLES EXEMPT FROM DAILY INSPECTION ……………………………………………………………………………….. 142
    INSPECTION REQUIRED BY DRIVER OR OTHER PERSON …………………………………………………………………. 144
    INSPECTION PROCEDURES: ……………………………………………………………………………………………………… 144
    Daily Inspection Schedules …………………………………………………………………………….. 145
    APPLICATION OF INSPECTION SCHEDULE …………………………………………………………………………………….. 145
    ONTARIO’S SIX DAILY INSPECTION SCHEDULES ……………………………………………………………………………. 145
    UNDER-VEHICLE INSPECTIONS (SCHEDULE 4) ……………………………………………………………………………… 146
    CARRY AND PRODUCE SCHEDULES ……………………………………………………………………………………………. 146
    WHERE TO GET INSPECTION SCHEDULES ……………………………………………………………………………………. 146
    Daily Inspection Reports ………………………………………………………………………………… 148
    TYPES OF DAILY INSPECTION REPORTS ………………………………………………………………………………………. 148
    COMPLETING DAILY INSPECTION REPORTS ………………………………………………………………………………….. 148
    VALIDITY PERIOD OF DAILY INSPECTION REPORTS ………………………………………………………………………… 149
    CARRY AND PRODUCE DAILY INSPECTION REPORTS ……………………………………………………………………… 149
    Submitting Daily Inspection Reports to the Operator ………………………………………….. 149
    SINGLE DAILY INSPECTION REPORTS …………………………………………………………………………………………. 149
    DAILY INSPECTION REPORT BOOKS …………………………………………………………………………………………… 149
    WHERE TO GET DAILY INSPECTION REPORTS ………………………………………………………………………………. 150
    HANDING OVER VALID DAILY INSPECTION REPORTS TO ANOTHER DRIVER …………………………………………. 150
    CONTENTS OF DAILY INSPECTION REPORTS ………………………………………………………………………………… 150
    SAMPLE DAILY INSPECTION REPORTS ………………………………………………………………………………………… 152
    CERTIFICATION OF REPAIRS …………………………………………………………………………………………………….. 153
    DAILY INSPECTION REPORT BOOKS KEPT IN THE VEHICLE ………………………………………………………………. 153
    Preventive Maintenance, Record Keeping and Vehicle Files – September 2022 135
    Vehicle Defects …………………………………………………………………………………………….. 154
    RECORDING DEFECTS …………………………………………………………………………………………………………….. 154
    REPORTING DEFECTS …………………………………………………………………………………………………………….. 154
    DRIVING WITH DEFECTS ………………………………………………………………………………………………………….. 154
    USE OF ELECTRONIC DEVICES AND DOCUMENTS ………………………………………………………………………….. 155
    Daily Inspection Report Retention Period and Location ………………………………………. 155
    Out-of-Province and US Vehicles …………………………………………………………………….. 156
    OUT-OF-PROVINCE CANADIAN VEHICLES ……………………………………………………………………………………. 156
    US TRUCKS, TRAILERS AND BUSES OPERATING IN ONTARIO …………………………………………………………… 156
    ONTARIO TRUCKS AND TRAILERS AND BUSES TRAVELLING IN THE US ………………………………………………. 156
    Periodic Mandatory Commercial Motor Vehicle Inspection (PMVI) ……………………….. 157
    BRIEF OVERVIEW OF THE PERIODIC COMMERCIAL MOTOR VEHICLE INSPECTIONS ……………………………….. 157
    OUT-OF-PROVINCE CONSIDERATIONS ………………………………………………………………………………………… 157
    VEHICLES THAT ARE SUBJECT TO PERIODIC MANDATORY INSPECTIONS …………………………………………….. 158
    ANNUAL INSPECTION: ……………………………………………………………………………………………………………… 158
    SEMI-ANNUAL INSPECTION: ……………………………………………………………………………………………………… 158
    VEHICLES THAT DO NOT REQUIRE ANNUAL OR SEMI-ANNUAL INSPECTIONS ………………………………………. 160
    Inspection Criteria …………………………………………………………………………………………. 161
    ONTARIO’S MODIFICATIONS TO THE NATIONAL STANDARD: ……………………………………………………………… 163
    USE AND APPLICATION OF PMVI INSPECTION STICKERS ………………………………………………………………… 163
    TRUCK, MOBILE EQUIPMENT VEHICLE, TRAILER AND CONVERTER DOLLY ………………………………………….. 164
    BUSES, ACCESSIBLE VEHICLES AND SCHOOL PURPOSES VEHICLES …………………………………………………. 164
    PMVI Record-Keeping ……………………………………………………………………………………. 165
    COMMERCIAL VEHICLE SAFETY ALLIANCE (CVSA) INSPECTIONS ……………………………………………………… 166
    LEVELS OF INSPECTION …………………………………………………………………………………………………………… 166
    SAFETY STANDARDS CERTIFICATES …………………………………………………………………………………………… 167
    BUS INSPECTIONS ………………………………………………………………………………………………………………….. 168
    Vehicle Record-Keeping …………………………………………………………………………………. 168
    RECORDS TO BE RETAINED ……………………………………………………………………………………………………… 168
    RETENTION PERIOD FOR RECORDS ……………………………………………………………………………………………. 169
    RETENTION LOCATION FOR RECORDS ………………………………………………………………………………………… 169
    ELECTRONIC RECORDS …………………………………………………………………………………………………………… 170
    Internal Evaluation of an Operator’s Preventive Maintenance Program …………………. 170
    List of Appendices …………………………………………………………………………………………. 171
    APPENDIX A – DAILY INSPECTION SCHEDULES 1 TO 6 ……………………………………………………………………. 172
    APPENDIX B – SAMPLE DAILY INSPECTION REPORTS …………………………………………………………………….. 196
    Preventive Maintenance, Record Keeping and Vehicle Files – September 2022 136
    Overview
    The Commercial Safety and Compliance Branch of the Ministry of Transportation of
    Ontario has prepared this guide to assist and ensure that truck and bus companies
    (commercial vehicle operators) operate safely and are compliant with the regulations
    that govern highway use. Ontario, other provinces, the Government of Canada and the
    transportation industry developed the rules and regulations to help reduce the number
    and severity of collisions. Each jurisdiction has used the National Safety Code
    standards as guides in drafting their own transportation safety legislation. This approach
    promotes uniformity across Canada and helps to ensure that the transportation industry
    remains as viable and sustainable as possible.
    This guide applies to Ontario operators of commercial motor vehicles that are:
    ▪ Trucks, tractors, mobile equipment vehicles or trailers and/or any combination of
    these vehicles that have a registered gross weight or actual weight of more than
    4,500 kilograms
    ▪ Tow trucks, regardless of registered gross weight or actual weight
    ▪ Buses with a manufactured seating capacity of 10 persons or more, excluding
    the driver
    ▪ Accessible vehicles and school purposes vehicles, depending upon use
    The guide contains several modules, each dealing with a specific topic. To get a
    complete picture of compliance requirements, you should obtain the complete guide. If
    you intend to use certain parts of this guide only (for example, Module 1, “Getting
    Started”) it is recommended that you also obtain the modules “Introduction” and
    “Commercial Vehicle Operator’s Registration.”
    This is a guide only and is not meant to be a substitute for the relevant statutes
    and regulations. This guide highlights some important legal provisions but is not
    an exhaustive description of all the laws that apply.
    Preventive Maintenance, Record Keeping and Vehicle Files – September 2022 137
    Preventive Maintenance, Record-Keeping and Vehicle Files – Learning
    Objectives
    As you work through this module, you will be able to:
    ✓ Determine if you need a preventive-maintenance program.
    ✓ Determine your responsibilities regarding your vehicles.
    ✓ Plan for and complete required daily inspections.
    ✓ Identify and plan for all required vehicle inspections.
    ✓ Develop and use inspection schedules and inspection reports.
    ✓ Meet the requirements of the Commercial Vehicle Inspection Program
    (CVIP).
    ✓ Meet the requirements of driver and vehicle roadside Commercial Vehicle
    Safety Alliance (CVSA) inspections conducted on drivers and vehicles.
    ✓ Meet the requirement of the Bus Information Tracking System (BITS) for
    bus operators.
    ✓ Ensure that vehicle records are appropriately completed and kept.
    Preventive Maintenance, Record Keeping and Vehicle Files – September 2022 138
    Truck, Bus and Trailer Maintenance
    Purpose
    The purpose of this module is to provide information to operators about the minimum
    requirements for the maintenance, inspection and component performance standards
    for trucks, trailers and buses.
    Requirements
    Operators of trucks, buses and towed trailers, to which the regulations apply, are
    required to:
  • Establish a written schedule to periodically inspect and maintain vehicles.
  • Ensure that inspections and maintenance are carried out in accordance with the
    written schedule.
  • Ensure that vehicles meet the prescribed performance standards at all times while
    operating on a highway.
  • Ensure drivers conduct daily inspections.
  • Maintain valid annual or semi-annual inspections on all applicable vehicles.
    Performance Standards
    Prescribed Performance Standards for the vehicle are set out in the following Highway
    Traffic Act (HTA) Regulations;
  • HTA Regulation 199/07 (Commercial Motor Vehicle Inspections)
  • HTA Regulation 611 (Safety Inspections)
  • HTA Regulation 612 (School Buses)
  • HTA Regulation 587 (Equipment)
    Preventive Maintenance Program
    To meet regulatory requirements, a maintenance and inspection program must be
    established by the operator and recorded in a schedule. A program to periodically
    inspect and maintain vehicles can be a simple written or electronic document that sets
    out, for example, a stated time period and/or distance when a vehicle requires its next
    inspection and/or maintenance activity.
    Preventive Maintenance, Record Keeping and Vehicle Files – September 2022 139
    Inspections and maintenance intervals are commonly linked. For example, an
    inspection is due at 30,000 km or three months, whichever occurs first. Non-safety-
    related maintenance items such as oil changes and tune-ups can be included in the
    schedule. An annual or semi-annual safety inspection can also be part of the written
    schedule.
    Each operator must review the regulations to see which requirements apply to them,
    and should draft their maintenance and inspection program accordingly.
    An operator must maintain a copy of their maintenance program at their principal place
    of business or at another terminal or business address specified by them.
    It is the operator’s responsibility to ensure that:
    ▪ Commercial vehicles are inspected according to all provincial regulations, and are
    maintained in safe operating condition.
    ▪ Employees understand the maintenance program requirements that apply to them.
    ▪ The program is fully implemented.
    ▪ All vehicle files are maintained as specified by Section 16 of HTA Regulation
    199/07 (Commercial Motor Vehicle Inspections).
    ▪ The maintenance records required by Section 16 of HTA Regulation 199/07 are
    retained for two years, or six months after the vehicle ceases to be used by the
    operator.
    ▪ Processes are in place to monitor the effectiveness of the maintenance program.
    Preventive Maintenance, Record Keeping and Vehicle Files – September 2022 140
    Vehicle Inspections
    Commercial motor vehicles are subject to a number of inspections and record-keeping
    requirements. The next sections of this module outline the requirements, frequency and
    record-keeping for the following:
  1. Daily inspection – HTA Regulation 199/07 (Commercial Motor Vehicle
    Inspections)
  2. Annual inspections – HTA Regulation 611 (Safety Inspections)
  3. Semi-annual inspections (buses, accessible vehicles and school purposes
    vehicles) – HTA Regulation 611 (Safety Inspections)
  4. CVSA inspections
  5. Safety Standard Certificates – HTA Regulation 611 (Safety Inspections)
  6. Bus inspections
    Preventive Maintenance, Record Keeping and Vehicle Files – September 2022 141
    Daily Inspections
    Purpose
    The purpose of the daily vehicle inspection is to ensure that problems and defects have
    been identified before the vehicle is operated on the highway. Inspections prevent the
    operation of a vehicle with problems that are likely to cause or contribute to the severity
    of an accident.
    Brief Overview of Daily Inspection Program
  • Driver conducts an inspection of a vehicle or vehicles before operating them.
  • The inspection is conducted with the use of a schedule listing the vehicle
    components and systems that require inspection.
  • Driver completes a report of the inspection.
  • The inspection and report are valid for 24 hours.
  • Driver carries the inspection schedule and report in the vehicle.
  • Driver also records on the report any defects found while en route and at the end
    of the trip or day.
  • Driver reports defects to the operator at the time they are discovered; the operator
    must repair the defect immediately, or before the next dispatch, and keep records
    of repair.
    Vehicles That Require Daily Inspection
  • Trucks, mobile equipment vehicles, trailers and converter dollies that, on their
    own or in combination, have a total gross weight or registered gross weight
    exceeding 4,500 kilograms
  • As of January 1, 2023, tow trucks, regardless of registered gross weight or actual
    weight
  • Buses designed to transport 10 or more passengers, and any trailer towed by one
    of these vehicles
    ▪ Inter-city bus commonly known as a motor coach that has,
    o Motive power mounted to the rear of the front axle,
    o Air-ride or torsion bar suspension,
    Preventive Maintenance, Record Keeping and Vehicle Files – September 2022 142
    o A baggage area that is separate from the passenger cabin, and
    o A passenger cabin with reclining seats for passengers.
  • Accessible buses modified to be used to transport persons with disabilities, if not
    being used for personal purposes only; and every trailer towed by one of these
    vehicles
  • School purposes vehicles and buses operating under contract with a school
    board or other authority in charge of a school, and being used for the transportation
    of six or more children or adults with a developmental disability.
    Vehicles Exempt from Daily Inspection
    General Vehicles
  • A truck with a combined registered gross weight and actual weight of 4,500
    kilograms or less, whether towing a trailer or not )
    o As of January 1, 2023, all tow trucks regardless of weight will be required
    to complete a Daily Inspection.
  • A personal-use pickup truck or bus
  • A truck or bus leased for personal use only by an individual for 30 days or less
  • A commercial motor vehicle that is being road-tested, for the purposes of repairs,
    within 30 kilometres of a facility where the vehicle is being repaired by an
    automotive service technician or a truck and coach technician who hold valid
    certification under the Apprenticeship and Certification Act, 1998, or by an
    apprentice under that Act
  • An empty truck or bus operated under the authority of a dealer plate or service
    plate
  • A historic vehicle (with permit)
  • An ambulance, fire vehicle, cardiac-arrest emergency vehicle, hearse, casket
    wagon and tow truck
  • An emergency vehicle with towed trailer while responding to or returning from an
    emergency
  • A truck and towed trailer providing relief from an earthquake, flood, fire, famine,
    drought, epidemic, pestilence or other disaster by transporting passengers or
    goods
    Preventive Maintenance, Record Keeping and Vehicle Files – September 2022 143
  • A trailer converter dolly that is not carrying a trailer
  • A road-building machine
  • A bus and towed trailer that is operated by, or on behalf of, a municipality as part
    of a public transit service, either within the municipality or within 25 km of its
    boundary
    Recreational Vehicles
  • A motor home and pickup truck with the camper installed, including any type of
    trailer or vehicle towed by the motor home or truck camper
  • A truck, regardless of size and weight, that is towing a house trailer being used for
    personal purposes
  • A house trailer being used for personal purposes
  • A car tow dolly.
    Farm Vehicles
  • A two- or three-axle truck or tractor, not drawing a trailer, that is mainly used to
    transport primary products of a farm, forest, sea or lake, which are produced or
    harvested by the driver or the driver’s employer (includes farm-plated trucks);
    primary products including fruit, vegetables, livestock, horses and poultry
  • A self-propelled implement of husbandry, farm tractor or any towed farm
    equipment
  • Farm equipment towed by a commercial motor vehicle.
    Preventive Maintenance, Record Keeping and Vehicle Files – September 2022 144
    Inspection Required by Driver or Other Person
    Drivers are not permitted to operate a commercial motor vehicle or bus, or tow a trailer
    unless the driver or another person has conducted an inspection of the vehicle(s) within
    the previous 24 hours.
    In addition to the initial inspection – whether conducted by the driver or not – the driver
    is required to monitor the condition of the vehicle(s) for defects while en route.
    Other people, such as another driver, maintenance or yard staff, are also permitted to
    conduct inspections. They must sign the report, and are responsible under the law for
    the inspection and the information contained in it.
    In order for the driver to utilize an inspection done by another individual, the driver must
    sign the inspection report. The driver may rely on such inspections as proof that the
    inspection was conducted as required and produce the report for an officer, unless the
    driver has reason to believe that the inspection and report do not meet the
    requirements, or the driver is aware or ought to be aware that the vehicle has a defect.
    If the driver has doubts about the inspection and report, they should complete a new
    inspection of the vehicle.
    Note: Only the driver is referenced as the inspection person throughout the remainder
    of this document.
    Inspection Procedures:
    Drivers may choose an inspection procedure (circle procedure or walk-around) that best
    suits the vehicle and its location. You may inspect vehicle components in any order that
    you choose, as long as each item on the inspection schedule is inspected. The defects
    that are discovered must be recorded on the inspection report, and the operator notified
    about the defects. Drivers are also required to carry and produce an inspection
    schedule based on the vehicle, as well as a corresponding valid inspection report.
    Preventive Maintenance, Record Keeping and Vehicle Files – September 2022 145
    Daily Inspection Schedules
    Application of Inspection Schedule
    Sample inspection schedules are available in Appendix A of this module.
    HTA Regulation 199/07 has six inspections schedules; drivers are to use the schedule
    that is based on the type of commercial motor vehicle being operated. The schedules
    outline the inspection criteria, and identify if a defect is “minor” or “major.” The way a
    driver handles a vehicle defect will differ, depending on whether it is a minor defect or a
    major defect.
    If a driver finds no defect on the vehicle, as defined in the inspection schedule, then “no
    defect” is recorded, and the inspection is valid for 24 hours.
    If a driver finds a minor defect on the vehicle, as defined in the inspection schedule, the
    defect must be recorded and reported to the operator as soon as possible. The
    operator is required to repair any defects that do not meet the performance standards.
    The inspection is valid for 24 hours.
    If a driver finds a major defect on the vehicle, as defined in the inspection schedule, the
    vehicle cannot be operated. The driver must record the defect, report it to the operator
    immediately, and the vehicle must be repaired prior to operation.
    Ontario’s Six Daily Inspection Schedules
    ▪ Schedule 1 is used to inspect a truck, tractor and towed trailer. A converter dolly is
    inspected as part of the trailer it is carrying. The dolly must be inspected again when
    carrying a different trailer.
    ▪ Schedule 2 is used to inspect a bus (other than a school purposes bus), inter-city bus,
    accessible bus and towed trailer. Schedule 2 continues to apply when one of these
    vehicles is being used for school charter trips. Schedule 2 is also used to inspect any
    trailer towed by a bus, school bus, school purposes bus or school purposes vehicle.
    ▪ An inter-city bus may be inspected using Schedule 2 only, or may be inspected using
    Schedules 3 and 4 in combination with each other.
    ▪ Schedule 5 is used to inspect a yellow school bus, school purposes bus and school
    purposes accessible bus.
    o This applies even when a school bus is used for non-school purposes (for
    example, carrying adults or children to festivals, sporting events, church
    functions and so on).
    o A bus is considered to be for school purposes if it has been operated by the
    current operator, under contract with a school board or other authority in
    Preventive Maintenance, Record Keeping and Vehicle Files – September 2022 146
    charge of a school, for school service or school charters.
    ▪ Schedule 6 is used to inspect a school purposes vehicle (van or station wagon). A
    daily inspection is required only when one of these vehicles is operating under contract
    with a school board or other authority in charge of a school, and is being used for the
    transportation of six or more children, six or more adults with a developmental
    disability, or six or more persons from both categories.
    Under-Vehicle Inspections (Schedule 4)
    If an inter-city bus is inspected using Schedule 3, then a Schedule 4 under-vehicle
    inspection must be completed every 12,000 km or 30 days, whichever comes last.
    These inspections are conducted by technicians who hold a valid certificate of
    qualification as a truck and coach technician.
    The inspection requires a detailed examination of the under-vehicle components and
    systems of the bus. Schedule 4 inspections are conducted while the bus is positioned
    over a pit, or raised in a manner that provides adequate access to all of the applicable
    under-vehicle components.
    Technicians are required to sign the Schedule 4 inspection report certifying that the
    components and systems inspected under Schedule 4 meet the prescribed standards
    on the date of inspection.
    Carry and Produce Schedules
    Drivers are required to carry and produce the inspection schedule upon request by an
    officer.
    The schedule and inspection report may be combined in the same document. If more
    than one schedule is used for the commercial vehicle, then all relevant schedules must
    be carried by the driver. (For example, a motor coach towing a trailer may have
    schedules 3 and 4 for the inter-city bus and Schedule 2 for the trailer.)
    Where to Get Inspection Schedules
    Operators are required to supply drivers with a copy of the inspection schedule.
    Regulated schedules are provided in the appendix of this module, and may be copied or
    reproduced without consent of the ministry.
    Schedules 1, 2, 3 and 4 of National Safety Code Standard 13, published by the
    Canadian Council of Transport Administrators (CCMTA), is also acceptable in Ontario,
    including when produced by the operator of an Ontario-plated commercial motor
    vehicle. School buses and school purposes vehicles must be inspected using
    Schedules 5 and 6, respectively, of HTA Regulation 199/07. CCMTA Schedules can be
    found on CCMTA’s website.
    Preventive Maintenance, Record Keeping and Vehicle Files – September 2022 147
    Operators may add additional sections that contain more inspection components and
    systems to a schedule. Inspection items within sections that have been added by the
    operator, and are not part of the regulated inspection items, are not required to be
    inspected, recorded or reported as defects. Operators may require drivers to inspect,
    record and report these added defects or conditions.
    If a vehicle is not fitted with a system or component (for example, air brakes), then the
    entire section can be deleted. Section numbers may be deleted or re-numbered.
    However, individually regulated inspection items within a section, such as “audible air
    leak” cannot be removed unless the entire section is deleted, and the vehicle does not
    have air brakes. Also, individually regulated inspection items cannot be moved between
    minor and major columns within a schedule, or be reworded.
    Operators are permitted to regroup the minor and major defect columns, provided the
    regrouping does not confuse the reader. Operators are free to add defect codes within
    the columns of a schedule. A code number or letter is placed beside a component or
    system on a schedule. When a defect is found, the driver can enter the defect code on
    the inspection report, instead of handwriting the details. When defect codes are added
    to a schedule and used by a driver, a coded schedule must be presented to the
    enforcement officer.
    See the appendices at the end of this module for a sample of acceptable
    inspection schedules.
    Preventive Maintenance, Record Keeping and Vehicle Files – September 2022 148
    Daily Inspection Reports
    Sample inspection reports are available in Appendix B of this module.
    Inspection reports serve as communication between drivers, the operator and the
    operator’s maintenance department. Reports are used to verify inspections, record
    defects, report defects and may be used to verify repairs. Reports are completed
    immediately following an inspection.
    Types of Daily Inspection Reports
  • Single-day sheet report – a report can consist of a single sheet of paper
    containing one day’s information. This type of report can be located at the back
    of an hours of service logbook or in a snap set where one report is removed for
    each day and so on.
  • Multi-day report book – this contains lines for each day that the vehicle is
    inspected. The book is assigned to one vehicle, and may remain in the vehicle
    until the book is full. The basic vehicle information is written once on the front
    cover or elsewhere within the book. The book may also contain the vehicle’s
    inspection schedule.
    The information provided about inspection reports applies to both types of reports,
    unless the report type is specifically named.
    Completing Daily Inspection Reports
    The driver is required to fill out and sign a report upon completion of the inspection.
    Bus drivers are required to fill out and sign a report upon completion of the inspection,
    regardless of the distance to be travelled and whether or not passengers are carried.
    If the driver did not conduct the original inspection, the driver and each subsequent
    driver must sign the report. Reports that are used by more than one driver require
    additional lines for subsequent signatures.
    Any number of trailers may be inspected and added to a single report if the report
    contains additional lines for additional trailers.
    All information required on a report must be accurate and complete.
    Preventive Maintenance, Record Keeping and Vehicle Files – September 2022 149
    Validity Period of Daily Inspection Reports
    ▪ A report certifying schedules 1, 2, 3, 5 or 6 inspections are valid for 24 hours from
    the time of inspection.
    ▪ A Schedule 3 inspection must be accompanied by a Schedule 4 under-vehicle
    inspection report.
    o A report completed and certified by a technician for a Schedule 4 under-
    vehicle inspection is valid to the end of the 30th day after the day of
    inspection, or for 12,000 km, whichever comes last.
    Carry and Produce Daily Inspection Reports
    Drivers must carry and produce valid inspection reports upon request of an officer.
    ▪ Drivers who are towing a trailer must record the information for the power unit and
    the trailer on one report, or carry two inspection reports – one for the vehicle and
    one for the trailer.
    ▪ The driver of an inter-city bus that has been inspected under Schedule 3, combined
    with Schedule 4, must carry and produce a report for both inspections. Completed
    Schedule 4 inspection reports are supplied by the operator who receives the report
    from the technician.
    ▪ When an inter-city bus has been inspected under Schedule 3, combined with
    Schedule 4, but the Schedule 4 under-vehicle inspection has expired and a new
    Schedule 4 inspection cannot be completed, the bus must be inspected under
    Schedule 2. In this case, a copy of Schedule 2 must be carried and produced.
    Submitting Daily Inspection Reports to the Operator
    Single Daily Inspection Reports
    Expired reports must be forwarded to the operator as soon as possible, but no later than
    20 days after the date of inspection.
    Reports must be forwarded to the operator’s principal place of business, or to a terminal
    or business address specified by the operator.
    Daily Inspection Report Books
    Report books that are full, or have passed the operator’s pre-determined end-date or
    use period, must be forwarded to the operator’s principal place of business, or to a
    terminal or business address specified by the operator.
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    Note: If the daily inspection reports are contained in a book that is kept in the
    commercial motor vehicle, and the operator has regular access to the vehicle, the
    reports are deemed to be submitted when they are in the truck, bus or school purposes
    vehicle, and do not have to be forwarded to the office within the 20-day timeframe.
    Where to Get Daily Inspection Reports
    ▪ Operators are required to supply drivers with the appropriate reports
    Handing Over Valid Daily Inspection Reports to Another Driver
    ▪ A driver may hand over a valid original copy of a daily inspection report to another
    driver who is driving for the same operator. The second driver is obligated to submit
    the report to the operator.
    ▪ A driver may hand over a duplicate copy of the original inspection report or a hand-
    written reproduction to a driver working for a different operator. In this case, each
    driver must submit a report to their respective operators.
    ▪ There is no legal obligation under the HTA for a driver to hand over a report to
    another driver, whether or not they drive for the same operator. However, there may
    be a contractual or an employment-law obligation to pass along a report to another
    driver.
    ▪ A driver who receives a valid daily or under-vehicle report for a vehicle that was
    inspected by another person may rely on the report as proof that the inspection was
    conducted as required, unless the driver has reason to believe otherwise. The
    report is valid, provided the current driver has signed the inspection report.
    Contents of Daily Inspection Reports
    Both single reports and report books must contain the following minimum line items:
  • Licence-plate number and plate jurisdiction of the vehicle
  • Operator’s name
  • Date and time of the inspection
  • City, town, village or highway location where the inspection was conducted
  • Printed name of the person who conducted the inspection
  • Odometer reading of the commercial motor vehicle
  • List of major and minor defects found during the inspection, if any
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  • A statement that no major or minor defects were found, if none
  • Major and minor defects found while en route
  • A statement, signed by the person who conducted the inspection, that the vehicle
    was inspected in accordance with this regulation
  • Signature of any driver of the vehicle who did not conduct the initial inspection
    Line-item language may be altered to a “like meaning.” Any altered language must
    continue to indicate what the completed information means. Operators are free to add
    and re-arrange line items.
    The Ministry of Transportation does not approve blank inspection reports for operators.
    The operator is required to purchase or create a report that complies with the
    requirements of Section 7 of Regulation 199/07, Daily Inspection Report.
    Operators can combine daily inspection reports with schedules, and they can be on the
    same document. Single reports may also be combined with hours of service logbooks,
    as long as all line items for both requirements are included. Here are two examples:
    Example 1
    ▪ The daily inspection report requires a line item for the odometer reading. The
    logbook requires the driver to record the odometer readings at the start and end
    of the shift/trip. Also, if the driver uses the vehicle for personal transportation to a
    place of lodging or so on during the trip, there is a requirement to enter the start
    and finish odometer readings for this personal distance travelled.
    ▪ Therefore, a combined daily report and logbook may require five different
    odometer line items representing five readings, if the daily inspection were
    conducted at a different distance from when the driver started the trip and the
    vehicle was used for personal purposes during the trip.
    ▪ If a vehicle is never used for personal purposes during a trip, it is not necessary
    to have these odometer line items on either a logbook report or a combined daily
    report.
    Example 2
    If the vehicle is always inspected at the same starting location as the driver’s trip or shift,
    a check box may be used to indicate that the odometer reading applies to the inspection
    reading, as well as the driver’s start reading.
    ▪ Odometer reading, start of driver’s day and at time of inspection (enter value)
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    Sample Daily Inspection Reports
    Inspection-report formats and layouts are not prescribed by regulation. The regulation
    sets out a minimum of information to be recorded on a report.
    Reports may, at the option of the operator:
    ▪ Contain an inspection checklist and additional information
    ▪ Single reports may be printed at the back of hours of service logbooks
    ▪ Information may be permanently printed on the reports when it does not change
    (for example, operator’s name, plate number and so on)
    ▪ Reports may also be printed with the vehicle’s inspection schedule(s).
    ▪ Reports other than report books may be produced in carbon or carbonless sets
    that automatically create extra copies when the top page is completed. Some
    operators may prefer to use multi-copied reports for internal distribution
    purposes. Also, valid legible copies of these reports may be passed on to the
    next driver of a vehicle, while the person who inspected the vehicle retains the
    original.
    Many variations of a report are possible, depending on the operation of the vehicles and
    inspection personnel. Operators are free to create a report that best meets the needs of
    their operation.
    In the following samples, “Signature of each driver who was not the inspection person”
    may be removed if the vehicle is inspected by the driver and not driven by a second
    driver.
    See the appendices at the end of this module for samples.
    Preventive Maintenance, Record Keeping and Vehicle Files – September 2022 153
    Certification of Repairs
    Ontario operators may include a “certification of repairs” section on inspection reports to
    track defects and repairs.
    When a report lists a defect, and the defect was repaired without the operator creating a
    separate repair order, the repair and any parts used must be noted on the report. In this
    case, the report becomes a maintenance record and must be retained for two years.
    This applies whether or not the report contains a separate “certification of repairs”
    section.
    Samples may be found in the appendices at the end of this module.
    Daily Inspection Report Books Kept in the Vehicle
    Report books kept in the vehicle may only be used for a vehicle that returns at the end
    of the day to a location where the operator has access to the vehicle and the book. The
    operator must be able to produce the book upon an officer’s request. Also, defects
    written in the book must be reported to the operator verbally, by telephone or other
    means when the book is not handed into the operator.
    A report book must be carried, and produced upon the request of an officer. If the
    inspection schedule is not contained within the book, the driver is required to carry and
    produce the applicable schedule.
    The following information must be printed somewhere on or in the book;
    ▪ Operator’s name
    ▪ Licence-plate number
    ▪ Plate jurisdiction of the vehicle
    Sample optional information items that may be printed somewhere on or in the book:
    ▪ Unit number
    ▪ Vehicle identification number
    ▪ Make of vehicle
    ▪ Year of vehicle
    ▪ Period covered
    See the appendices at the back of this module for samples.
    Preventive Maintenance, Record Keeping and Vehicle Files – September 2022 154
    Vehicle Defects
    Recording Defects
    The driver is required to record a defect on the report immediately after the initial
    inspection, upon discovery of a defect while travelling (at the first opportunity when
    vehicle is stopped and parked safely off the highway), or when discovered at the end of
    a trip or day.
    Reporting Defects
    For the purposes of reporting defects, the operator may designate an employee to
    receive them.
    Minor and major defects, which are listed in a schedule, must be reported to the
    operator immediately upon discovery by the driver or inspection person.
    Depending upon the driver’s situation, reporting to the operator may be done in person,
    by phone, via written report or by electronic means.
    Driving with Defects
    A driver may continue to drive with a minor defect that is listed on an inspection
    schedule if the defect has been entered immediately on the daily inspection report and
    reported to the operator.
    It is a defence for a driver, if charged with a defect under another part of the HTA, when
    that defect is also listed on the vehicle’s inspection schedule. This defence applies only
    if the driver has found, recorded and reported the defect to the operator prior to an
    examination of the vehicle by an officer.
    It is important to note that, while the driver has a defence for driving with a minor
    defect listed on a schedule, the operator can be charged (e.g. the driver
    repeatedly notes the defect, but repairs are not completed by the operator).
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    Use of Electronic Devices and Documents
    Daily inspection reports and under-vehicle reports, results of an inspection, and
    inspection schedules may be kept in an electronic recording device.
    When requested by an officer, the driver is required to produce, at the driver’s option,
    either:
    ▪ An electronic display of the report or schedule that is readable from outside the
    vehicle by the officer
    ▪ A printed copy of the report or schedule signed by the driver after printing
    ▪ A handwritten copy of the report or schedule signed by the driver
    Note:
    ▪ The electronic display is not required to have a signature.
    ▪ An officer may, at his or her discretion, enter a vehicle to read the screen of an in-
    cab, permanently attached device.
    Vehicle maintenance, repair records and documents may also be kept in electronic
    format, provided that the operator or a person designated by the operator prints and
    signs a copy of a report or document when requested by an officer.
    Daily Inspection Report Retention Period and Location
    Inspection reports and notices issued by an officer are to be stored at the operator’s
    principal place of business, or at a terminal or business address specified by the
    operator.
    Daily inspection reports are to be kept for at least six months. However, if it is also used
    to record a repair or work done on the vehicle, it is deemed to be a “maintenance
    report,” and must be retained for at least two years, or six months after the vehicle
    ceases to be the operator’s responsibility.
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    Out-of-Province and US Vehicles
    Out-of-Province Canadian Vehicles
    Vehicles plated in a province or territory other than Ontario may operate in Ontario if the
    vehicle(s) were inspected and an inspection report completed, in accordance with the
    daily inspection requirements of:
    ▪ The province or territory in which the vehicle is base plated
    ▪ National Safety Code Standard 13
    ▪ Ontario HTA Regulation 199/07, as detailed in this module
    This applies regardless of the distance to be travelled in Ontario, and whether or not
    inspection rules apply or the vehicle is exempt in its home province or territory.
    This also applies to out-of-province plated vehicles that are driven by Ontario licensed
    drivers who drive the vehicle only within Ontario.
    US Trucks, Trailers and Buses Operating in Ontario
    Trucks or buses bearing US plates may operate in Ontario if the vehicle(s) were
    inspected, and a daily inspection report completed, in accordance with the daily
    inspection requirements of the US, or any province including Ontario, or in accordance
    with National Safety Code Standard 13, as of May 2008, which is published by the
    Canadian Council of Motor Transport Administrators.
    Where a daily inspection was completed in accordance with US requirements, the driver
    must carry and produce a daily inspection report that is not more than 24 hours old.
    Where a driver does not have access to the vehicle’s daily inspection report, an
    inspection must be conducted in accordance with Ontario rules. The driver must carry a
    US report that complies with US requirements and that is not more than 24 hours old, or
    complete an inspection report that complies with HTA Regulation 199/07 in Ontario.
    NOTE: In the US, drivers are not required to do a trip inspection report if no defects are
    found during an inspection. This does not allow them to come to Ontario without a trip
    inspection report. If no report is completed in the US, then a driver must complete a
    report in compliance with Ontario regulations, NSC Standard 13 or another province in
    order to be in compliance in Ontario.
    Ontario Trucks and Trailers and Buses Travelling in the US
    Ontario daily inspections and daily inspection reports are acceptable in the US
    Preventive Maintenance, Record Keeping and Vehicle Files – September 2022 157
    Periodic Mandatory Commercial Motor Vehicle Inspection (PMVI)
    Periodic inspections are required for commercial motor vehicles, trailers and converter
    dollies, in order to reduce accidents due to mechanical defects and improve highway
    safety throughout Canada. The annual and semi-annual inspection requirements are
    the minimum under the law. Operators may find that, in order to properly maintain
    their vehicle’s on-road standards, additional inspections and maintenance are
    required.
  • As of January 1, 2023, all tow trucks, regardless of registered gross weight or
    actual weight, will be required to complete a periodic inspections.
    Brief Overview of the Periodic Commercial Motor Vehicle Inspections
    ▪ In Ontario, annual, semi-annual and safety-standards certificate inspections must
    be completed by a licensed motor vehicle inspection mechanic at an MTO-
    licensed inspection station.
    ▪ Trucks, mobile equipment vehicles, trailers and converter dollies require one
    inspection per year; an annual inspection is valid for 12 months.
    ▪ Buses, school purposes vehicles used for transporting six or more persons, and
    accessible vehicles require two inspections per year; a semi-annual inspection is
    valid for six months.
    ▪ If a vehicle meets all of the requirements of an annual or semi-annual inspection,
    a corresponding sticker is applied to the vehicle, and a certificate and report is
    issued by the inspecting station.
    ▪ Safety standards certificates are required for: registering a rebuilt motor vehicle;
    transferring a used motor vehicle to a new owner as fit; registering a motor
    vehicle in Ontario that was previously registered in another province or country;
    and changing the status of a vehicle from unfit to fit.
    ▪ If a vehicle meets all of the requirements of a safety-standards certificate
    Inspection, the certificate is issued, and the vehicle is deemed fit.
    Out-of-Province Considerations
    The legislation regarding periodic mandatory inspections varies between jurisdictions.
    Ontario’s inspections are accepted in other jurisdictions, and Ontario accepts
    inspections from other jurisdictions – provided they are recognized as meeting a similar
    standard.
    However, the length of time that the inspection is valid varies between jurisdictions.
    Operators should check with the requirements of all the jurisdictions in which they
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    intend to operate prior to doing business there.
    Vehicles that are Subject to Periodic Mandatory Inspections
    Annual Inspection:
    ▪ Trucks, mobile equipment vehicles, trailers and converter dollies alone, or in
    combination, with a total gross weight, registered gross weight or manufacturer’s
    GVWR exceeding 4,500 kilograms
    ▪ As of January 1, 2023, Tow Trucks regardless of registered gross weight or actual
    weight
    “Truck” includes, but is not limited to, truck tractors, straight trucks, pickup trucks, curb
    side/cube vans, trade vans/panel trucks.
    “Trailer” includes, but is not limited to, boat, snowmobile, livestock and general-
    purpose utility trailers. “Trailer” does not include devices such as tar pots, portable
    welders, cement mixers, compressors and farm implements such as wagons and so on.
    “Mobile equipment Vehicle” means: (1) a mobile crane that is not built on a truck
    chassis, but not an off-road mobile crane, (2) an excavator that is not built on a truck
    chassis, but not an off-road excavator, (3) a street sweeper that is not built on a truck
    chassis, but not a low-speed street sweeper.
    Semi-Annual Inspection:
    ▪ Buses designed to transport 10 or more passengers, excluding those with a
    manufacturer’s gross vehicle weight rating of 4,500 kg or less, used exclusively
    for personal use
    ▪ Accessible vehicles modified for the purpose of transporting people with
    disabilities, excluding those used only for personal purposes
    ▪ School purposes vehicles, operating under contract with a school board or
    other authority in charge of a school, being used for the transportation of six or
    more children or adults with a developmental disability
    “Bus” includes, but is not limited to, any vehicle designed to transport 10 or more
    passengers, excluding the driver (for example, passenger van, limousine, motor coach,
    school bus and so on).
    “Accessible vehicle” includes, but is not limited to, any vehicle that has been modified
    for transporting people with disabilities, whether or not the vehicle is also used for
    transporting those without disabilities (for example, a minivan, passenger van or taxi
    that has been modified for accessibility).
    Preventive Maintenance, Record Keeping and Vehicle Files – September 2022 159
    “School purposes vehicle” includes, but is not limited to, any vehicle operating under
    contract with a school board or other authority in charge of a school for the
    transportation of six or more children or adults with a developmental disability.
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    Vehicles That Do Not Require Annual or Semi-Annual Inspections
  1. A motor vehicle commonly known as a recreational vehicle or a motor home, as
    long as it is not:
    o Carrying commercial cargo or tools or equipment of a type normally used
    for commercial purposes
    o Carrying animals or non-commercial tools, equipment or vehicles that
    occupy one-half or more of its floor space
  2. A house trailer, except for a house trailer that is:
    o Owned or leased by an employer to house the employer’s employee
    o Carrying commercial cargo, tools or equipment of a type normally used for
    commercial purposes
    o Carrying animals or non-commercial tools, equipment or vehicles that
    occupy one-half or more of its floor space
    Note: A “house trailer” includes a cabin trailer, collapsible cabin trailer, tent
    trailer and camping trailer.
  3. Devices such as tar pots, portable welders, cement mixers, compressors and farm
    implements, such as wagons.
  4. A bus with a GVWR of 4,500 kilograms or less used exclusively for personal
    purposes.
  5. An empty commercial vehicle operated by a manufacturer or vehicle dealer who
    has obtained a “special permit” for a 10-day period, or has a dealer or service plate
    as per the requirements under the HTA Regulation 628 (Vehicle Permits).
  6. Any unladen commercial motor vehicle or trailer operated under the authority of a
    service plate.
  7. Any laden commercial motor vehicle or trailer operated under the authority of a
    service plate being transported to an impound facility.
  8. A personal use pickup truck and any trailer drawn by the pickup truck if:
  • The pickup truck has a manufacturer’s Gross Vehicle Weight Rating of 6,500
    kg or less; and
  • The pickup truck is fitted with either the original, unmodified box that was
    installed by the manufacturer or an unmodified replacement box that duplicates
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    the one originally installed by the manufacturer; and
  • The pickup truck and trailer are being used for personal use without
    compensation; and
  • The pickup truck and trailer are not carrying commercial tools or cargo, or
    equipment of a type normally used for commercial purposes
    Inspection Criteria
    Ontario – along with most Canadian jurisdictions – has adopted the National Safety
    Code 11, Part B, Periodic Commercial Motor Vehicle Inspections (NSC 11B), as the
    inspection criteria for annual, semi-annual and safety standards certificate inspections
    for commercial vehicles, school purposes vehicles and accessible vehicles.
    HTA Regulation 611 (Safety Inspections) contains the requirements for annual, semi-
    annual and safety standard certificates, along with modifications to the NSC 11B.
    Each page of the National Standard is divided into two sections: the left side of the page
    lists the item and method of inspection; and the right side lists the corresponding
    rejection (pass/fail) criteria. Each part is organized into sections of the vehicle:
  1. Power Train
  2. Suspension
  3. Hydraulic Brakes
    3a. Air Brakes
  4. Steering
  5. Instruments and Auxiliary Equipment
  6. Lamps
  7. Electrical System
  8. Body
  9. Tires and Wheels
  10. Couplers and Hitches
    The National Standard identifies “hazardous conditions” for each section. Hazardous
    conditions shown in the National Standard are more serious vehicle conditions. In some
    provinces, inspection stations are authorized to take certain action to prevent the
    Preventive Maintenance, Record Keeping and Vehicle Files – September 2022 162
    vehicle from returning to service until such conditions are repaired. These conditions
    have no unique status in Ontario.
    A copy of the National Standard can be downloaded from the CCMTA website
    (Standard 11 Part B “Periodic Commercial Motor Vehicle Inspections”)
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    Ontario’s Modifications to the National Standard:
    HTA Regulation 611 (Safety Inspections) Schedule 3 lists the modifications to the
    National Standard that must be applied in Ontario.
    While the province has adopted NSC 11B 2015 in almost its entirety, there are four
    areas where the provincial rule deviates from the national standard:
  11. The limitations on window tinting will only apply to vehicles manufactured on or
    after July 1, 2011 whereas the national standard has them applying retroactively.
  12. The limitations on the size of an external sun visor will not apply to any vehicles
    in Ontario.
  13. ABS requirements only apply to vehicles manufactured on or after April 1, 2000.
  14. Limited Brake Inspections:
  • A limited inspection of a drum brake is an inspection through inspection
    holes and involves no measurement of the shoe lining
  • A limited inspection of a disc brake involves no measurement of a rotor or
    brake pad
    Use and Application of PMVI Inspection Stickers
    For trucks, mobile equipment vehicles, trailers and converter dollies:
    Preventive Maintenance, Record Keeping and Vehicle Files – September 2022 164
    For buses, accessible vehicles and school purposes vehicles:
    Once the vehicle has passed inspection at a Motor Vehicle Inspection Station, the
    corresponding sticker must be applied to the vehicle to identify its successful completion
    and the expiry date. The inspection station must also provide inspection certificates and
    reports. The process is outlined below based on vehicle type.
    Truck, Mobile Equipment Vehicle, Trailer and Converter Dolly
  • Annual inspection must be completed as per the requirements in NSC 11B and
    HTA Regulation 611.
  • A yellow annual inspection sticker is applied to the lower left-hand side of the
    windshield, or a conspicuous position on the left side of the truck cab, indicating
    the month and year the inspection was completed.
  • All previous inspection stickers are covered or removed.
  • The inspection is valid for 12 months.
  • MVIS licensee must provide the owner/operator with a copy of the annual
    inspection certificate and the annual inspection report (see Record-Keeping for
    more details).
    Buses, Accessible Vehicles and School Purposes Vehicles
  • Semi-annual inspections must be completed as per the requirements in NSC 11B
    and HTA Regulation 611.
  • An orange semi-annual inspection sticker is applied to the lower right hand
    corner of the windshield, on a fixed side window as close as practicable to the
    front of the vehicle, or a to a conspicuous position on the right side of the vehicle
    body close to the front of the vehicle.
  • All previous inspection stickers must be covered or removed.
    Preventive Maintenance, Record Keeping and Vehicle Files – September 2022 165
  • The semi-annual inspection sticker is valid for six months.
  • Motor Vehicle Inspection Station (MVIS) licensee must provide the operator with
    a copy of the semi-annual inspection certificate and the semi-annual inspection
    report (see Record-Keeping for more details).
    PMVI Record-Keeping
    The following records are to be kept for a period of one year after the date of inspection
    for Motor Vehicle Inspection Stations, and two years after the date of inspection for the
    operator:
  1. Annual and semi-annual inspection certificates are produced in triplicate: one
    copy is to be kept with the vehicle; one copy for the vehicle file/operator; and one
    copy for the inspection station.
  2. Inspection Record – required for safety-standards certificates. One copy is to be
    kept by the MVIS; these reports must identify the vehicle inspected, a list of
    defects, recommended repairs and actual repairs.
  3. An Annual Inspection Report or Semi-Annual Inspection Report is required for
    annual and semi-annual inspections. Two copies are required: one to be kept by
    the MVIS; and one is provided to the owner/operator of the vehicle. These
    reports must contain:
    o Signature of mechanic and licensee
    o Date of inspection
    o Vehicle identification number
    o Annual or semi-annual inspection number
    o Information and measurements as required by the National Standard
    o List of defects, recommended repairs and actual repairs
  4. If applicable, there must be the proof-of-brake inspection document provided by
    the vehicle owner/operator confirming that an inspection has been completed by a
    MVIS-licensed mechanic within the timeline proscribed in the standard based on
    vehicle type and brake type. This is only required if the Limited Brake Inspection
    is completed as per Section 3 of NSC 11B.
    Licensees may create their own Inspection Report, provided all of the requirements
    outlined in HTA Regulation 601 are met.
    Preventive Maintenance, Record Keeping and Vehicle Files – September 2022 166
    Inspection reports must be retained by a MVIS for a period of one year after the date of
    inspection; MTO accepts paper or electronic versions of the reports.
    Other Vehicle Inspections
    Commercial Vehicle Safety Alliance (CVSA) Inspections
    CVSA inspections are conducted by CVSA-certified MTO inspectors on vehicles and
    drivers at roadside or at the operator’s premises. These inspections may also be
    performed by members of the OPP, city and municipal law-enforcement personnel who
    are certified as CVSA inspectors, and by designated staff from MTO’s Commercial
    Safety and Compliance Branch.
    The inspections are conducted in accordance with the criteria outlined by the CVSA on
    the roadside, or by arrangement with the operator at theirs or other designated
    premises. Some inspections are initiated by CVSA inspectors in response to
    complaints about the condition of the operator’s vehicle or vehicles. Bus inspections
    are arranged as part of the ministry’s Bus Information Tracking System program.
    Operators are encouraged to take a proactive approach toward vehicle maintenance.
    Remember that CVSA inspection reports can be used to gauge the effectiveness of the
    operator’s preventive-maintenance program.
    Levels of Inspection
    There are five levels of inspection used in Ontario:
    Level 1 – Complete vehicle inspection with the driver
    Level 2 – Driver and vehicle walk-around
    Level 3 – Driver-only inspection
    Level 4 – Special inspection of one or more components
    Level 5 – Complete vehicle inspection without a driver (usually completed at the
    operator’s shop or yard)
    When there are no violations, the vehicle “passes inspection.” When a vehicle receives
    a “pass” in a Level 1 or Level 5 inspection, a CVSA decal is applied.
    This decal indicates that the vehicle passed inspection, and is valid for the current
    month and the following two months. During this time, further CVSA inspections are not
    typically required, unless there is an observed safety concern.
    Some defects will result in a violation that requires attention. The driver is given a copy
    of the inspection report and is required to submit the report to the operator. The vehicle
    must be repaired prior to its next dispatch. The operator may be required to send repair
    Preventive Maintenance, Record Keeping and Vehicle Files – September 2022 167
    verification to the officer within a specified time period.
    When serious defects are found, the vehicle and/or the driver will be placed out of
    service. The vehicle and/or the driver will not be allowed back on the road until the out-
    of-service items have been addressed adequately. If repairs can be carried out on-site,
    the vehicle may be re-inspected and, if in compliance, allowed back in service.
    If on-site repairs are not possible, the vehicle cannot be driven but may be towed or
    transported to a repair site. Licence plates may be removed when vehicles are in this
    condition. In any case, the vehicle must be repaired as required. The operator may be
    required to have a complete safety standards certificate inspection conducted to obtain
    new plates or the operator may be required to report back to the inspecting officer
    confirming that the repair has been done as directed within the specified time period.
    An officer may prohibit a driver from operating a commercial motor vehicle for a variety
    of reasons, including exceeding the hours of service, as specified by federal or
    provincial legislation. The driver may proceed after the necessary rest periods have
    been met.
    Copies of CVSA inspection reports must be kept in the office vehicle file for a period of
    two years.
    Specific details on the CVSA inspection program and its out-of-service criteria may be
    obtained from:
    Commercial Vehicle Safety Alliance
    6303 Ivy Lane, Suite 310
    Greenbelt, MD 20770-6319
    Website: www.cvsa.org
    Safety Standards Certificates
    Safety standards certificates are required when:
  • registering a rebuilt motor vehicle
  • transferring a used motor vehicle to a new owner as fit
  • registering a motor vehicle in Ontario that was previously registered in another
    province or country
  • changing the status of a vehicle from unfit to fit
    The National Safety Code Standard 11B inspection criteria will be used for trucks, trailers,
    buses, accessible vehicles and school purposes vehicles as described previously.
    Vehicles that do not meet these definitions are inspected as per schedules 1 and 2 in
    HTA Regulation 611 (Safety Inspections).
    Preventive Maintenance, Record Keeping and Vehicle Files – September 2022 168
    Bus Inspections
    Buses are subject to on-site inspections completed by MTO enforcement officers.
    These inspections take place at the origin/destination, or at bus terminals, to ensure that
    the vehicles are mechanically fit and that the bus operator has met the legislated
    obligations, such as semi-annual inspections. These inspections are scheduled using a
    risk-based approach considering factors such as age, size of the fleet and past safety
    performance.
    Vehicle Record-Keeping
    Records to Be Retained
    Operators are required to keep the following records for each truck, mobile equipment
    vehicle, bus, accessible vehicle, school purposes vehicle, towed trailer and converter
    dolly that is subject to the requirements outlined previously:
  • Identification records for the vehicle, including
    o The vehicle’s unit number, if any
    o The vehicle’s year and make
    o The vehicle’s vehicle identification number
    o If the vehicle is not owned by the operator, the name of the person who
    supplies it, and the first and last dates when the vehicle was operated by
    the current operator
  • A record of the inspections and maintenance of, and repairs to, the vehicle,
    including
    o The nature of the inspections, maintenance and repairs
    o The name of the person who conducted each inspection and performed
    each maintenance or repair
    o If an inspection, maintenance or repair were performed by someone other
    than the operator or a person employed by the operator, the invoice or other
    record provided by that person who performed it
    o If a part were purchased and used in maintenance or in a repair, the invoice
    or receipt for the part (see note)
    o If the vehicle has an odometer, the odometer reading of the vehicle at the
    end of the inspection, maintenance or repair
    Preventive Maintenance, Record Keeping and Vehicle Files – September 2022 169
    Note:
  • Invoices and receipts for the purchase of bulk parts must be maintained until the
    inventory has been depleted, or at least two years has passed, whichever occurs last.
  • Parts from all purchases, including bulk purchases, must be inventoried out on
    repair documents.
  • It is not a requirement that a repair document shows an invoice or receipt number.
  • It is not necessary to keep invoices within maintenance files. Invoices may be
    maintained within accounts payable, provided the operator can supply the invoices
    to an auditor at time of an audit.
  • The types and frequency must be shown under the operator’s system of periodic
    inspections and maintenance.
  • A record must be kept of any axle or suspension modifications of the vehicle that
    affect the manufacturer’s GVWR or gross axle-weight rating.
  • Copies must be retained of safety-standards certificates, annual inspection
    certificates and semi-annual inspection certificates issued for the vehicle, as well
    as copies of equivalent documents from other jurisdictions.
  • Copies must also be kept of inspection notices, reports and appearance notices
    issued by an enforcement officer or government official of another jurisdiction.
    Retention Period for Records
    When a report lists a defect that was repaired without the operator creating a separate
    repair order, the repair and any parts used must be noted in the report. In this case, the
    report becomes a maintenance record, and must be retained for two years.
    This applies whether or not the report contains a separate “certification of repairs”
    section.
    Retention Location for Records
    Records are kept at the operator’s principal place of business, at another terminal, or at
    the business address of the operator.
    Where a record or document is in electronic format that would allow a printed copy to be
    generated, it may be stored at any location, as long as it can be accessed readily by the
    operator from the principal place of business.
    Preventive Maintenance, Record Keeping and Vehicle Files – September 2022 170
    Electronic Records
    Any record or document that is required to be created, kept or surrendered may be
    done so in electronic format. An electronic record or document does not require a
    signature.
    Operators who keep records and documents in electronic format must be capable of
    printing a copy.
    Internal Evaluation of an Operator’s Preventive Maintenance Program
    It is recommended that the preventive maintenance program be evaluated periodically
    by the operator to ensure that it is effective and that vehicles are kept in safe operating
    condition at all times. Several sources of information can be used to measure the
    effectiveness of the program.
    Results of CVSA inspections measure the effectiveness of daily inspections. Analysis
    of CVSA reports, annual inspection reports and carrier profiles may identify the source
    of problems, such as the quality of internal inspections, mechanical work and driver
    habits.
    Some steps may then be taken to fix the source of these problems, by making changes
    to the preventive maintenance program, providing additional training, more detailed
    monitoring and/or taking disciplinary action. The result will be fewer collisions and less
    risk to the driver and the public. Operators will also save money.
    The operator’s CVOR Level II Carrier Abstract, which lists all violations, convictions,
    CVSA inspections and collisions, can be obtained from the Ontario Ministry of
    Transportation.
    Preventive Maintenance, Record Keeping and Vehicle Files – September 2022 171
    List of Appendices
  1. Schedule 1 of Regulation 199/07 (truck, tractors, trailers and as of January 1, 2023,
    tow trucks, regardless of registered gross weight or actual weight)
  2. Schedule 2 of Regulation 199/07 (buses and trailers drawn by buses)
  3. Schedule 3 of Regulation 199/07 (motor coaches)
  4. Schedule 4 of Regulation 199/07 (under vehicle inspection of motor coaches)
  5. Schedule 5 of Regulation 199/07 (school purposes buses)
  6. Schedule 6 of Regulation 199/07 (school purposes vehicles)
  7. Samples of single-day reports and multi-day report books
  8. Sample under-vehicle inspection report
  9. Sample of certificate of repairs
    Preventive Maintenance, Record Keeping and Vehicle Files – eptember 2022 172
    Appendix A – Daily Inspection Schedules 1 to 6
    Copy of Regulated Inspection Schedules, Three Column Format:
    The following Schedules are directly from the Regulation and have not been modified.
    Please note that section 19 of Part VI of Regulation 199/07 provides “notes to the
    schedules”. It is not a requirement that these “notes to the schedules” be included with
    or attached to the schedules. Numbers within brackets, i.e. (1), (12) etc. found within the
    schedules are a reference to the “notes to the schedules” and are not required to be in
    the schedules.
    Preventive Maintenance, Record Keeping and Vehicle Files – eptember 2022 173
    Schedule 1,
    Daily inspection of trucks, tractors and trailers
    Preventive Maintenance, Record Keeping and Vehicle Files – eptember 2022 174
    Systems and
    Components
    Minor Defects Major Defects
    Part 17. Hydraulic Brake
    System
    (a) brake fluid level is below
    indicated minimum level.
    (a) brake boost or power
    assist is not operative.
    (b) brake fluid leak.
    (c) brake pedal fade or
    insufficient brake pedal
    reserve.
    (d) activated (other than ABS)
    warning device.
    (e) brake fluid reservoir is less
    than ¼ full.
    Preventive Maintenance, Record Keeping and Vehicle Files – eptember 2022 175
    (f) parking brake is
    inoperative.
    Part 18. Lamps and
    Reflectors
    (a) required lamp does not
    function as intended.8
    (b) required reflector is
    missing or partially missing.9
    When use of lamps is
    required:
    (a) failure of both low-beam
    headlamps.
    (b) failure of both rearmost tail
    lamps.
    At all times:
    (a) failure of a rearmost turn-
    indicator lamp.
    (b) failure of both rearmost
    brake lamps.
    Part 19. Steering (a) steering wheel lash (free-
    play) is greater than normal.
    (a) steering wheel is insecure,
    or does not respond normally.
    (b) steering wheel lash (free-
    play) exceeds prescribed
    limit.10
    Part 20. Suspension
    System
    (a) air leak in air suspension
    system.
    (b) a broken spring leaf.
    (c) suspension fastener is
    loose, missing or broken.
    (a) damaged (patched, cut,
    bruised, cracked to braid or
    deflated) air bag or insecurely
    mounted air bag.
    (b) cracked or broken main
    spring leaf or more than one
    broken spring leaf in any
    spring assembly.
    (c) part of spring leaf or
    suspension is missing, shifted
    out of place or is in contact
    with another vehicle
    component.
    (d) loose U-bolt.
    Preventive Maintenance, Record Keeping and Vehicle Files – eptember 2022 176
    Commercial Vehicle Operators’ Safety Manual
  10. Module 9 – Hours of Service
  11. Overview ……………………………………………………………………………………………………… 201
  12. Hours of Service – Learning Objectives ……………………………………………………………. 202
  13. Hours of Service ……………………………………………………………………………………………. 203
  14. APPLICATIONS……………………………………………………………………………………………………………………….. 203
  15. EXEMPTIONS …………………………………………………………………………………………………………………………. 203
  16. Basic Requirements ………………………………………………………………………………………. 205
  17. ONTARIO DRIVING LIMITATIONS ………………………………………………………………………………………………… 205
  18. Daily Limits …………………………………………………………………………………………………… 206
  19. Daily Off-Duty Time ……………………………………………………………………………………….. 207
  20. Work-Shift Limits …………………………………………………………………………………………… 209
  21. Driving-Cycles Limits ……………………………………………………………………………………… 212
  22. Logbooks ……………………………………………………………………………………………………… 213
  23. REQUIRED INFORMATION …………………………………………………………………………………………………………. 213
  24. GRAPH GRID …………………………………………………………………………………………………………………………. 215
  25. LOGBOOK EXEMPTION …………………………………………………………………………………………………………….. 216
  26. ELECTRONIC ON-BOARD RECORDING DEVICE ……………………………………………………………………………… 217
  27. POSSESSION OF LOGS AND SUPPORTING DOCUMENTS ………………………………………………………………….. 218
  28. Record-Keeping ……………………………………………………………………………………………. 220
  29. Operator Responsibilities ……………………………………………………………………………….. 220
  30. PROACTIVE MEASURES …………………………………………………………………………………………………………… 220
  31. REACTIVE MEASURES …………………………………………………………………………………………………………….. 221
  32. SELF-AUDIT ………………………………………………………………………………………………………………………….. 221
  33. REVIEWING HOURS OF SERVICE LOGS ……………………………………………………………………………………….. 222
  34. CORRECTIVE ACTION ……………………………………………………………………………………………………………… 225
  35. RECORD-KEEPING …………………………………………………………………………………………………………………. 225
  36. Enforcement and Penalties …………………………………………………………………………….. 226
  37. OUT-OF-SERVICE DECLARATIONS ……………………………………………………………………………………………… 226
  38. Appendix A – Example of a Daily Log Book Record …………………………………………… 227
  39. Hours of Service – September 2022 201
  40. Overview
  41. The Commercial Safety and Compliance Branch of the Ministry of Transportation of
  42. Ontario has prepared this guide to assist and ensure that truck and bus companies
  43. (commercial vehicle operators) operate safely and are compliant with the regulations
  44. that govern highway use. Ontario, other provinces, the Government of Canada and the
  45. transportation industry developed the rules and regulations to help reduce the number
  46. and severity of collisions. Each jurisdiction has used the National Safety Code
  47. standards as guides in drafting their own transportation safety legislation. This approach
  48. promotes uniformity across Canada and helps to ensure that the transportation industry
  49. remains as viable and sustainable as possible.
  50. This guide applies to Ontario operators of commercial motor vehicles that are:
  51. ▪ Trucks, tractors, mobile equipment vehicles or trailers and/or any combination of
  52. these vehicles that have a registered gross weight or actual weight of more than
  53. 4,500 kilograms
  54. ▪ Tow trucks, regardless of registered gross weight or actual weight
  55. ▪ Buses with a manufactured seating capacity of 10 persons or more, excluding
  56. the driver
  57. ▪ Accessible vehicles and school purposes vehicles, depending upon use
  58. The guide contains several modules, each dealing with a specific topic. To get a
  59. complete picture of compliance requirements, you should obtain the complete guide. If
  60. you intend to use certain parts of this guide only (for example, Module 1, “Getting
  61. Started”) it is recommended that you also obtain the modules “Introduction” and
  62. “Commercial Vehicle Operator’s Registration.”
  63. This is a guide only and is not meant to be a substitute for the relevant statutes
  64. and regulations. This guide highlights some important legal provisions but is not
  65. an exhaustive description of all the laws that apply.
  66. Hours of Service – September 2022 202
  67. Hours of Service – Learning Objectives
  68. As you work through this module, you will be able to:
  69. ✓ Describe the Ontario regulatory requirements related to reducing driver
  70. fatigue, and when each applies.
  71. ✓ Identify driving limitations.
  72. ✓ Identify the provisions for required rest and deferred rest time.
  73. ✓ Understand cycle rules.
  74. ✓ Understand the exemptions.
  75. ✓ Identify the required information for logbooks and record-keeping
  76. requirements for “local drivers.”
  77. ✓ Describe and follow procedures for completing logbooks.
  78. ✓ Describe the requirements for electronic on-board recording devices.
  79. ✓ Identify the operator’s responsibilities including both proactive and reactive
  80. measures.
  81. ✓ Understand enforcement and penalties for operators and drivers.
  82. Hours of Service – September 2022 203
  83. Hours of Service
  84. Hours of Service governs the maximum driving times, and minimum off-duty times, of
  85. commercial vehicle drivers (both bus and truck). Records of the daily driving and other
  86. work activities are required to be completed in a prescribed format and kept and made
  87. available to enforcement officials upon request.
  88. Applications
  89. In Ontario, hours of service applies to:
  90. ▪ Operators who hold or should hold a CVOR certificate
  91. ▪ Trucks, tractors or trailers, or a combination of these vehicles, which have a
  92. registered gross weight or actual weight greater than 4,500 kilograms OR
  93. ▪ Commercial passenger vehicles (buses and vans) with a designed seating
  94. capacity of 10 or more passengers
  95. ▪ Drivers of the above commercial vehicles
  96. The “Commercial Vehicle Hours of Service Regulations Application Guide” is available,
  97. and can be viewed or downloaded from CCMTA’s website.
  98. Exemptions
  99. The Ontario Hours of Service requirements do not apply to the following vehicles:
  100. ▪ Tow trucks (although tow trucks require a CVOR certificate, Hours of Service
  101. requirements do not apply at this time)
  102. ▪ A two- or three-axle vehicle being used for the transportation of primary products
  103. of a farm, forest, sea or lake, where the driver or the motor carrier is the producer
  104. of those primary products; OR a return trip after transporting the primary products
  105. of a farm, forest, sea or lake, if the vehicle is empty or is transporting products
  106. used in the principal operation of a farm, forest, sea or lake
  107. ▪ A vehicle being used by a person in the lawful performance of his or her duties
  108. as an inspector
  109. ▪ A cardiac-arrest emergency vehicle operated by or under the authority of a
  110. hospital
  111. Hours of Service – September 2022 204
  112. ▪ A vehicle engaged in providing relief in an emergency – a situation or impending
  113. situation that constitutes a danger of major proportions to life, property or the
  114. environment, whether caused by forces of nature, an accident, an intentional act
  115. or otherwise
  116. ▪ A vehicle operated by or on behalf of a municipality, road authority or public utility
  117. while responding to a situation or impending situation that constitutes an
  118. imminent danger – though not one of major proportions – to life, property or the
  119. environment, whether caused by forces of nature, an accident, an intentional act
  120. or otherwise
  121. ▪ A bus that is operated by or on behalf of a municipality as part of its public-transit
  122. service, either within the municipality or within 25 kilometres of the boundary of
  123. the municipality
  124. ▪ A pickup truck, when driven for personal use, if
  125. o the vehicle has a manufacturer’s gross vehicle weight rating of 6,500
  126. kilograms or less, and
  127. o is fitted with either
  128. ▪ the original box that was installed by the manufacturer, which has
  129. not been modified
  130. ▪ a replacement box that duplicates the one that was installed by the
  131. manufacturer, which has not been modified
  132. ▪ A large crane or a vehicle used in support of a large crane (while the vehicle is
  133. operated by a large crane operator and is carrying parts for the large crane).
  134. o A large crane means a crane that is capable of raising, lowering or moving
  135. any material that weighs more than 13, 607 kg.
  136. o Large crane operator: a person who holds a Hoisting Engineer-Mobile
  137. Crane Operator 1 certificate of qualification issued under the Ontario
  138. College of Trades and Apprenticeship Act 2009 or an apprentice in the
  139. trade of Hoisting Engineer – Mobile Crane Operator 1.
  140. o To claim the exemption, the driver must surrender a valid certificate of
  141. qualification or proof of apprenticeship to an officer for inspection.
  142. Hours of Service – September 2022 205
  143. Basic Requirements
  144. Hours of service regulations in Ontario have:
  145. Daily driving requirements
  146. Mandatory off-duty time and work-shift requirements
  147. Work-cycle requirements
  148. Record-keeping requirements
    Ontario Driving Limitations
    For the 24-hour period “day,” a driver cannot drive more than 13 hours.
    During the 24-hour period “day,” a driver cannot drive after having been on-duty more
    than 14 hours.
    Hours of Service – September 2022 206
    During the 24-hour period “day,” a driver must be off-duty for 10 hours, which must
    include two hours that are not part of a mandatory off-duty period and are at least 30
    minutes long.
    Daily Limits
    A “day” is defined as a 24-hour period that typically begins at midnight (or another hour
    designated by the operator for the driver) and shall apply for the duration of the driver’s
    cycle.
    ▪ The 13-Hour Driving Time in a “Day” Limit
    No operator shall permit a driver to drive, and no driver shall drive, a commercial
    vehicle after that driver has accumulated 13 hours of driving time in a day.
    ▪ The 14-Hour On-duty in a “Day” Limit
    No operator shall permit a driver to drive, and no driver shall drive, a commercial
    vehicle after that driver has accumulated 14 hours of on-duty time in a day.
    The 14 hours of on-duty time may consist of driving time, plus on-duty time when
    not driving. On-duty, not-driving time can mean, for example, working in the
    operator’s office or facility, or loading or unloading the vehicle, inspecting the
    vehicle, waiting at the border and so on.
    ▪ The 10-Hours Off-Duty in a “Day” Rule
    An operator shall ensure that a driver takes at least 10 hours of off-duty time in a
    day. This off-duty time must include at least two hours of off-duty time (taken in
    blocks of not less than 30 minutes each). Off-duty time means time when a
    driver is not working or driving (for example, taking a meal break). These periods
    can be added to, but not form, part of a period of eight consecutive hours of off-
    duty time, as required by Section 9 of the regulation. The eight-consecutive-hour
    requirement will be described in more detail in Work Shift Limits.
    Note: The operator and driver are exempt from the requirement to take 10 hours
    off-duty in a day while the driver is operating a mobile crane or concrete pumper.
    Hours of Service – September 2022 207
    Daily Off-Duty Time
    Step 1: Daily off-duty time must total at least 10 hours (made up of periods of at
    least 30 minutes). For example, 2 hours off-duty +1 hour of- duty+ 7
    hours off-duty = the required 10 hours off-duty.
    Step 2: Daily off-duty time must include two hours that do not form part of an
    eight-consecutive-hour, off-duty period required by Section 9. (They can
    be added to the period.)
    Each day must include two hours of off-duty time (> 30 minutes), which is not part of a
    mandatory eight-consecutive-hour, off-duty period required by Section 9.
    Hours of Service – September 2022 208
    In the above example, the driver would be in violation of the 10-hour, off-duty rule,
    despite being off-duty for 10 hours, because all the off-duty hours form part of the
    mandatory eight hours. Therefore, the driver did not take the additional two hours.
    Deferred Time Provision
    If a driver is unable to take 10 hours off-duty time in a day, then up to two hours of off-
    duty time can be deferred to the following day. This deferral option can be exercised
    every second day if the driver chooses.
    In order to defer daily off-duty time, a driver must meet the following conditions:
    ▪ The deferred off-duty time does not form part of the mandatory period of eight
    consecutive hours.
    ▪ Before the end of the second day, the driver takes a consecutive period of off-
    duty time consisting of the eight consecutive hours plus the off-duty time deferred
    from the first day (for example, if one hour of off-duty time is deferred from today,
    the driver must complete an off-duty period of at least nine consecutive hours by
    the end of tomorrow).
    ▪ The total off-duty time in the two days must be at least 20 hours.
    ▪ The total driving time in the two days must not exceed 26 hours.
    ▪ The total on-duty time in the two days does not exceed 28 hours.
    ▪ The driver may not use this deferral option when splitting the eight consecutive
    hours in a sleeper berth, in accordance with the sleeper-berth split provision.
    The driver must declare in the “Remarks” section of the daily log clearly indicating the
    day from which the off-duty time has been deferred, and the day to which it was
    deferred.
    Hours of Service – September 2022 209
    Work-Shift Limits
    Mandatory Off-Duty Time (Also Known as Work-Shift Limits)
    A “work shift” is the period that begins when a driver goes on-duty at the end of a period
    of at least eight hours mandatory off-duty time, and ends when the driver starts the next
    period of at least eight consecutive hours off-duty.
    ▪ The 13-Hour Driving Time in a Work-Shift Rule
    After a driver has accumulated 13 hours of driving time from the end of the most
    recent period of eight or more consecutive hours of off-duty time, the operator
    shall not permit, and the driver shall not drive again, unless he or she takes at
    least eight consecutive hours of off-duty time.
    ▪ The 14-Hour On-duty in a Work-Shift Rule
    After a driver has accumulated 14 hours of on duty time from the end of the most
    recent period of eight or more consecutive hours of off-duty time, the operator
    shall not permit, and the driver shall not drive again, unless he or she takes at
    least eight consecutive hours of off-duty time.
    ▪ The 16-Hour Elapsed Time in a Work-Shift Rule
    After 16 hours (all time) has elapsed from the end of the most recent period of
    eight or more consecutive hours of off-duty time, the operator shall not permit,
    and the driver shall not drive a commercial motor vehicle again, unless he or she
    takes at least eight consecutive hours of off-duty time.
    Eight Consecutive Hours of Required Rest
    The eight or more consecutive hours off-duty required to restart a work shift may be a
    combination of off-duty and sleeper-berth time. A driver may also take the required
    eight consecutive hours of rest in the sleeper berth, or split the sleeper-berth time into
    two periods. (The sleeper-berth option is covered in detail in the next section.)
    Sleeper Berths
    A driver can use a sleeper berth to split the required consecutive off-duty hours into two
    periods while still complying with the daily off-duty requirements. The sleeper berth
    must meet all construction and environmental standards specified in Section 8 of the
    Ontario Regulation 555/06.
    Hours of Service – September 2022 210
    Single Drivers
    If the vehicle has a sleeper berth that meets the definition in the regulation, the driver
    can split the mandatory off-duty time into two sleeper-berth periods if:
    ▪ Neither period is less than two hours.
    ▪ The total of the two sleeper periods is at least 10 hours.
    ▪ The off-duty time is spent resting in the sleeper berth.
    ▪ The total off-duty time in the day is at least 10 hours.
    ▪ The total driving time before and after each sleeper period does not exceed 13
    hours.
    ▪ None of the daily off-duty time is deferred to the next day.
    ▪ The elapsed time before and after each sleeper period does not include any
    driving time after the 16th hour when the driver comes on-duty.
    ▪ The total of the on-duty time before and after each sleeper period does not
    include any driving time after the 14th hour.
    Hours of Service – September 2022 211
    Team Drivers
    If the vehicle has a sleeper berth that meets the definition in the regulation, team drivers
    can split the eight hours of required off-duty time into two sleeper-berth periods if:
    ▪ Neither period is less than four hours.
    ▪ The total of the two sleeper periods is at least eight hours.
    ▪ The off-duty time is spent resting in the sleeper berth.
    ▪ The total driving time before and after each sleeper period does not exceed 13
    hours.
    ▪ The elapsed time before and after each sleeper period does not include any
    driving time after the 16th hour when the driver comes on-duty.
    ▪ None of the daily off-duty time is deferred to the next day.
    ▪ The total of the on-duty time before and after each sleeper period does not
    include any driving time after the 14th hour.
    Note: Because the eligible sleeper-berth periods require only a total of eight hours,
    team drivers must take an additional two hours of off-duty time to meet the daily
    10-hour requirement. This time may or may not be sleeper-berth time.
    Hours of Service – September 2022 212
    Driving-Cycles Limits
    Because of the cumulative effect of being on-duty over several days and weeks, the
    Hours of Service regulations include a maximum on-duty time for seven- and 14-day
    cycles. The operator will designate either a seven-day or 14-day cycle for drivers, and
    shall require that each driver follow it.
    Seven-Day Cycle
    No operator shall permit, and no driver on a seven-day cycle shall drive, a commercial
    motor vehicle after having been on duty for 70 hours in that cycle.
    14-Day Cycle
    No operator shall permit, and no driver shall drive, a commercial motor vehicle on a 14-
    day cycle after having been on duty for 120 hours in that cycle. A driver who is
    following the 14-day cycle shall not drive again in that cycle after accumulating 70 hours
    of on-duty time, without having taken at least 24 consecutive hours of off-duty time.
    Cycle Reset
    When a driver on a seven-day cycle takes 36 consecutive hours off-duty, that cycle
    ends and a new one starts.
    When a driver on a 14-day cycle takes 72 consecutive hours off-duty, that cycle ends
    and a new one starts.
    Once a driver can start a new cycle, they may switch their cycle or switch the starting
    time of their day.
    Cycle Switching
    Once a cycle has been designated, the driver may not switch to the other cycle unless
    the appropriate reset provision has been satisfied.
    Cycle Switching and Resets
    If a driver wants to switch cycles or to reset their current cycle of accumulated hours
    back to zero, they must take the following number of hours off-duty:
    ▪ To reset a seven-day cycle, or switch from a seven-day cycle to a14-day cycle,
    take at least 36 consecutive hours off.
    ▪ To reset a 14-day cycle, or switch from 14-day cycle to a seven-day cycle, take
    at least 72 consecutive hours off.
    Note: A driver is only in violation when driving in excess of the cycle of cumulative
    hours permitted.
    Hours of Service – September 2022 213
    Mandatory 24 Hours Off-Duty
    Despite the cycle the driver is following, no operator shall permit, and a driver must not
    drive, unless there has been at least 24 consecutive hours off-duty in the preceding 14
    days.
    Adverse Driving Conditions
    “Adverse driving conditions” means significantly impaired driving conditions that were
    not known, or could not reasonably have been known, to a driver, or an operator
    dispatching a driver immediately before the driver began driving.
    A driver who encounters adverse driving conditions while operating a commercial motor
    vehicle may:
    ▪ Increase the daily driving time beyond 13 hours by up to two hours; and the daily
    14 hours of on-duty time by up to two hours; and reduce the required 10 hours of
    off-duty time in a day by a corresponding amount
    ▪ Increase the driving time beyond 13 hours in the work shift and sleeper-berth
    splits by up to two hours; and the 14 hours of on-duty time in a work shift by up to
    two hours
    However, the 16-hour elapsed time cannot be exceeded due to adverse driving
    conditions.
    If, as a result of this extension, the driver exceeds the on-duty time for the cycle
    permitted under the seven- or 14-day cycles, the cycle requirements under those
    sections must be met by the end of the following day.
    If a driver extends his or her driving or on-duty times due to adverse conditions, the
    reason for the extension must be entered in the “Remarks” section of the daily log, or on
    the time record required by an operator for a driver who is not required to complete a
    daily log.
    Logbooks
    Required Information
    Operators are required to make sure that drivers maintain true and accurate daily logs.
    This is best done by having a monitoring system ensuring that drivers complete
    logbooks as required by legislation and are not falsifying them. A sample of a log that
    meets the requirements of the regulations is contained in the appendix at the end of this
    module.
    The daily log must contain the following required information.
    Hours of Service – September 2022 214
    A driver shall, at the start of each day, enter the following information in the daily log:
  149. The driver’s name
  150. The date
  151. The name of the driver’s co-drivers, if any
  152. The start time of the day being recorded, if the day does not start at midnight
  153. The cycle that the driver is following
  154. The odometer reading at the start of the day, of the commercial motor vehicle
    to be operated by the driver
  155. Recorded in the “Remarks” section of the log, the number of hours of on-duty
    and off-duty time, as defined in this regulation, that the driver accumulated each
    day (during the 14 days immediately before the start of the day), for which the
    driver was exempt by this regulation from keeping a daily log
  156. The number plate of each commercial motor vehicle to be driven, and each
    trailer to be drawn, by the driver on the day
  157. The name of the operator for whom the driver is to drive during the day
  158. The addresses of the driver’s home terminal and principal place of business of
    the operator for whom the driver is to drive during the day
    A driver shall, over the course of each day, enter the following information in the daily
    log:
  159. The start and end times for each duty status during the day
  160. Each city, town, village or highway location, and the province or state where the
    driver’s duty status changes
    A driver shall, at the end of each day, enter the following information in the daily log:
  161. The total time spent in each duty status during the day
  162. The odometer reading at the end of the day
  163. The total distance driven by the driver
  164. The driver’s signature, certifying that the information provided is true and
    accurate
    Hours of Service – September 2022 215
    Graph Grid
    The graph grid has to be completed in the prescribed manner.
    ▪ A continuous line is drawn between the appropriate markers for each 24-hour
    period in the grid to record the period of time when the driver is:
    o Off-duty
    o In the sleeper berth
    o Driving
    o On-duty, not driving
    ▪ Record the name of the municipality or location on a highway or legal
    subdivision, and the name of the province or state where each change of duty
    occurs.
    ▪ The graph grid is to be updated at the end of each change in duty status.
    ▪ If the driver is engaged in making deliveries in a municipality, which results in a
    number of periods of driving time being interrupted by short periods of other on-
    duty time of less than one hour, the periods of driving time may be combined and
    the periods of other on-duty time may be combined.
    ▪ At the end of each day, the total number of hours in each duty status shall be
    entered in the space to the right of each graph grid, below the phrase “total
    hours” and shall add up to 24 hours.
    Hours of Service – September 2022 216
    Note:
    ▪ Drivers must prepare and maintain logs in the time zone of the driver’s home
    terminal.
    ▪ Every motor vehicle is required to have a working odometer. A hub-meter
    reading is acceptable in lieu of an odometer reading.
    Logbook Exemption
    Under the Ontario regulation, a driver is not required to keep a daily log for the day if:
    ▪ On the operator’s instructions, a commercial motor vehicle is driven solely within
    a radius of 160 kilometres of the driver’s starting location.
    ▪ The driver returns at the end of the day to the location from which he or she
    started.
    If a driver is not required to keep a daily log, the operator shall keep a record for the day
    showing:
    ▪ The date, the driver’s name and the location at which the driver starts and ends
    the day
    ▪ The cycle that the driver is following
    ▪ The hour at which each duty status starts and ends and the total number of hours
    spent in each duty status
    ▪ The number of hours of on-duty time and off-duty time, within the meaning of this
    regulation, that the driver accumulated each day during the 14 days immediately
    before the start of the day, for which the driver was exempt from this regulation
    and not required to keep a daily log
    For the purpose of the hour at which each duty status started and ended, if the driver is
    on duty within a municipality such that a number of periods of driving time are
    interrupted by a number of periods of other on-duty time of less than one hour each, the
    periods of driving time may be combined and the periods of other on-duty time may be
    combined.
    The exemption from having to keep a logbook does not exempt a driver from being in
    compliance with the remainder of the hours of service regulations; it applies only to the
    requirement of maintaining a logbook. If any of the above conditions that exempt the
    driver from keeping a log book end, then the driver must maintain a daily log for each
    day he/she does not qualify for the exemption.
    Hours of Service – September 2022 217
    A driver must begin to prepare a daily log for the day immediately after becoming aware
    that the terms of the exemption cannot be met. The daily log must cover the entire day,
    even if the driver has to retroactively record changes in status that occurred between
    the time of reporting for duty and the time in which he/she no longer qualified for the
    160-kilometre radius exemption.
    The driver is required to enter in the “Remarks” section the number of hours of off-duty
    and on-duty time that accumulated each day during the previous 14 days, or on one
    daily log that clearly indicates all required information. A driver may carry the record of
    duty status for the previous 14 days, instead of entering in the current daily log the times
    they were on- and off-duty for the previous 14 days.
    Electronic On-Board Recording Device
    An electronic or mechanical recording device is allowed instead of the driver
    maintaining a manual log, as long as the device records time and movement of the
    vehicle. The device must automatically record the number of times that it is
    disconnected and keep a record of the time and date of these disconnections. The
    device must also keep track of, and record, the total on-duty time remaining in the
    driver’s cycle, as well as the total accumulated on-duty time in the cycle. The device
    must be capable of storing all of this required information, as well as the information that
    must be included in a log book. The device must be able to display the stored
    information in a readable format on demand. The driver must be ready to manually
    prepare log forms should the device not work. When requested by a peace officer, the
    driver must be prepared to complete manual logs using the information stored in the
    device for the period of the declared cycle.
    Operators may choose to maintain electronic-data downloads of driver log information
    for a minimum period of six months, thereby meeting the record retention requirement.
    Hours of Service – September 2022 218
    Possession of Logs and Supporting Documents
    A driver who is required to keep a daily log must have in his or her possession:
    ▪ The daily log for the current day, completed up to the time at which the last
    change in the driver’s duty status occurred
    ▪ A copy of the daily logs for the preceding 14 days
    Note: Drivers will be permitted to record multiple days off-duty on one daily log.
    (For example, one daily log indicates April 20, 2009, to April 21, 2009 – off-duty.)
    If a driver was exempt from keeping a daily log for any of the preceding 14 days, there
    are three options available.
    Option 1
    ▪ The driver must record, in the “Remarks” section of the current daily log, the
    number of on-duty and off-duty hours for each day of the preceding 14 days for
    which the driver was not required to keep a daily log.
    Option 2
    ▪ The driver may carry the time records required to be kept for any day for which a
    daily log is not available.
    Option 3
    ▪ Drivers can produce any combination of the current log with on-duty and off-duty
    hours recorded in the “Remarks” section for any day that a daily log was not
    required in the previous 14 days, and the duty status records or daily logs.
    Hours of Service – September 2022 219
    For example, if the driver’s preceding 14 days included the following activities:
    ▪ Current Day – Drive CMV – Log Required
    ▪ Preceding Day 1 – Drive CMV – Log Required
    ▪ Preceding Day 2 – Day Off
    ▪ Preceding Day 3 – Day Off
    ▪ Preceding Day 4 – Drive CMV – Local Time Records
    ▪ Preceding Day 5 – Drive CMV – Local Time Records
    ▪ Preceding Day 6 – Drive CMV – Log Required
    ▪ Preceding Day 7 – Drive CMV – Log Required
    ▪ Preceding Day 8 – Day Off
    ▪ Preceding Day 9 – Day Off
    ▪ Preceding Day 10 – Drive CMV – Log Required
    ▪ Preceding Day 11 – Drive CMV – Log Required
    ▪ Preceding Day 12 – Drive CMV – Local Time Record
    ▪ Preceding Day 13 – Drive CMV – Local Time Record
    ▪ Preceding Day 14 – Day Off
    The driver would have the option of surrendering the following:
    Option 1 – the current daily log and a daily log for each of the preceding 14 days
    Option 2 – any daily log required to be completed in the preceding 14 days (current,
    days 1, 6, 7, 10, 11, and recorded on the current log the number of on-duty and off-duty
    hours for days 2, 3, 4, 5, 8, 9, 12, 13 and 14)
    Option 3 – any daily log required to be completed in the preceding 14 days (current,
    days 1, 6, 7, 10, 11, and recorded on the current log the number of on-duty and
    off-duty hours for days 2, 3, 8, 9, 14, and carry the time records completed for
    days 4, 5, 12, and 13)
    When requested by an inspector, the driver must produce his or her logs and trip
    documentation without delay. Documentation includes anything in the driver’s
    possession that an inspector may use to determine compliance.
    Hours of Service – September 2022 220
    Record-Keeping
    The driver is required to submit each completed original log to the operator within 20
    days of being produced. The driver must also submit any supporting documents for that
    daily log as well.
    A driver who is employed by two or more operators is required to provide each operator
    with a copy of all logs. This lets each operator monitor the driver’s hours of service for
    dispatch purposes.
    Operators are also required to keep a copy of drivers’ logs at their principal place of
    business for at least six months. If the operator has more than one terminal, and the
    daily logs are turned in to the driver’s home terminal, then the operator must ensure that
    they are deposited at the principal place of business within 30 days of receiving them.
    Operator Responsibilities
    Section 28 of Ontario Regulation 555/06 requires operators to monitor the compliance
    of each driver to the regulations. An operator that determines that there has been non-
    compliance with the regulations shall take immediate remedial action and record the
    dates on which the non-compliance occurred, the date of issuance of a notice of non-
    compliance and the action taken.
    Proactive Measures
    A proactive approach is a key component of the hours of service management program.
    Operators need to develop and implement written policies and procedures to ensure
    compliance with the regulations. While demonstrating due diligence, the operator has
    the ability to undertake corrective action through the application of its disciplinary
    process.
    Effective training of operational staff responsible for driver supervision and dispatch, in
    addition to driver training, is an integral component of a safety management program.
    Personnel must have knowledge and understanding of the regulations, and be aware of
    the policies, procedures and available options.
    To achieve a high level of compliance, you need effective training of new drivers and re-
    training of those who have demonstrated a continuing pattern of violations. This will
    also ensure minimal intervention from enforcement agencies.
    Operators must ensure that drivers are only dispatched when there are a sufficient
    number of on-duty hours available for use. Therefore, a system to monitor a driver’s
    available on-duty time is essential. One example of an hours of service tracking system
    is when a driver calls the company dispatcher on a daily basis with the accumulated
    hours for the previous day, and the dispatcher keeps a record of these hours. From the
    Hours of Service – September 2022 221
    information provided by the driver, the dispatcher is able to calculate the driver’s
    available hours remaining in the declared cycle.
    Reactive Measures
    The operator must have the necessary tools available to react when violations of the
    regulations and associated company policies are identified. Tools that can help identify
    and modify inappropriate driver behaviour include a self-audit program, timely reviews
    of driver records, driver disclosures/non-disclosures and the carrier profile. Corrective
    measures may include re-training and/or disciplinary action, as identified in the
    operator’s disciplinary process. Failure to take corrective action means that the cycle of
    non-compliance will continue.
    Self-Audit
    A self-audit is an integral component of an operator’s safety program. It provides the
    operator with the ability to readily identify areas of non-compliance. Audits involve the
    review of driver logbooks, support documentation such as fuel and lodging receipts, and
    any other relevant record or information. You need to document the findings to support
    any corrective/disciplinary action taken. The sample size of the self-audit will vary
    according to the size of the company. A small operator may choose to audit all driver
    logs, but a large company may audit a portion of the drivers for a selected period of
    time.
    Driver logbooks should be audited to ensure that:
    ▪ There is a log for every day.
    ▪ Logbooks are complete with all required information.
    ▪ Drivers are in compliance with the regulations (driving limits, required off-duty
    time and the cycle limits, as applicable).
    ▪ Logs are accurate when compared to supporting documents such as dispatch
    records, fuel receipts, payroll, bills of lading.
    ▪ Logs are accurate when analyzed for distance travelled over a period of time.
    ▪ On-duty time logged by the driver agrees with the driver’s statement of hours
    worked for payroll submission.
    ▪ Driving with a co-driver is substantiated, and the hours declared by the two
    drivers are appropriate (for example, both drivers not log driving at the same
    time).
    ▪ The operator and the driver are complying with any permit conditions.
    Hours of Service – September 2022 222
    ▪ Records are being kept in chronological order for each driver and retained for at
    least six months.
    ▪ Radius-exemption daily records are available, if appropriate, and all four
    exemption criteria are met every day.
    Reviewing Hours of Service Logs
    Under the hours of service legislation, there are many different ways of reviewing an
    hours of service log to determine if it is in compliance. A three-step process is offered
    here. All three main steps must be in compliance:
  165. Check the daily logs to ensure they are complete and accurate.
  166. Check the day.
  167. Check the work shift.
  168. Check the cycles.
    Note: In addition, the reviewer must always check to evaluate if an exemption is being
    used by the driver.
  169. Check the daily logs to ensure they are complete and accurate.
    Ensure that:
    ▪ The daily log contains all required contents outlined in Regulation 555/06.
    ▪ The information recorded in the daily log is accurate, including but not limited to:
    the date, driver name, assigned cycle, vehicle information, duty status, and/or
    locations. This step should include a comparison of supporting documents to
    logged driver duty status and location information.
    Failure to maintain a complete and accurate daily log is a violation.
    The required contents of a handwritten daily log are prescribed in Sections 19 and 20 of
    Ontario Regulation 555/06 – Hours of Service.
  170. Check the Day (start time of the 24-hour period must be specified by the
    operator):
    ▪ Regular time (including use of sleeper berth)
    o No driving after 13 hours of driving
    Hours of Service – September 2022 223
    o No driving after 14 hours on-duty
    o At least 10 hours off-duty
    Note: Before the driver can drive, at least eight hours of this time must be consecutive,
    and there must be two additional hours off-duty in no less than 30-minute periods that
    do not form part of the eight consecutive hours.
    ▪ Deferred time
    o Option of deferring up to two hours of daily off-duty time to the second day
    o Total driving time in two days not more than 26 hours
    o Total on-duty time in two days not more than 28 hours
    o Total off-duty time in two days not less than 20 hours
    o A mandatory consecutive off-duty period of at least eight plus the number
    of hours deferred completed before the end of the second day
    Note: This exemption cannot be used with split sleeper provision.
  171. Check the Work Shift (period between the end of one period of eight hours or more
    off-duty, and the start of the next period of eight hours or more off-duty):
    ▪ No sleeper berth used
    o No driving after 13 hours driving
    o No driving after 14 hours on-duty
    o No driving after 16 hours of elapsed time.
    Note: Elapsed time includes all time in a work shift.
    ▪ Single driver using sleeper berth
    o Driving time before and after each period in the eligible sleeper period not to
    exceed 13 hours
    o No driving after the on-duty time before and after each eligible sleeper period
    exceeds 14 hours
    The driver may not drive after the elapsed time before and after each eligible sleeper
    period exceeds 16 hours.
    Hours of Service – September 2022 224
    Note: Each eligible sleeper period must not be less than two hours, and the total of the
    two periods must be at least 10 hours.
    ▪ Team drivers using sleeper berth
    o Driving time before and after each period in the eligible sleeper period not to
    exceed 13 hours
    o No driving after the on-duty time before and after each eligible sleeper period
    exceeds 14 hours
    The driver may not drive after the elapsed time before and after each eligible sleeper
    period exceeds 16 hours.
    Note: Each eligible sleeper period must not be less than four hours, and the total of
    the two periods must be at least eight hours.
  172. Check the Cycles (cycle must be specified by operator):
    ▪ Seven-day cycle
    o Verify the driver did not drive after accumulating 70 hours of on-duty time in
    any period of seven consecutive days.
    Note: A driver may end a seven-day cycle and start a new cycle by taking 36
    consecutive hours off-duty. When a driver starts a new cycle, the accumulated hours
    are deemed to be zero, and the hours start to accumulate again in the new cycle.
    ▪ 14-day cycle:
    o Verify the driver did not drive after accumulating 120 hours of on-duty time in
    any period of 14 consecutive days.
    o Verify the driver did not drive after accumulating more than 70 hours at any
    time during the cycle without taking 24 hours off-duty.
    Note: A driver may end a 14-day cycle and start a new cycle by taking 72 consecutive
    hours off-duty. When a driver starts a new cycle, the accumulated hours are deemed to
    be zero, and the hours start to accumulate again in the new cycle.
    ▪ Day off:
    o Verify that the driver did not drive at any time without having a period of 24
    consecutive hours off-duty in the preceding 14 days (regardless of the day
    or cycle being worked).
    Hours of Service – September 2022 225
    Corrective Action
    Corrective action may take the form of re-evaluation and assessment, retraining or the
    application of the disciplinary process leading up to and including dismissal. Corrective
    actions should be part of an operator’s safety plan. Employees must be aware of its
    existence in the safety plan.
    An operator may choose to have new employees acknowledge that they have been
    informed of the disciplinary policy at the time of hire, in addition to having a copy of the
    policy in plain view for all employees to see.
    The disciplinary process should be progressive in nature. For example, it could start
    with a documented verbal warning, and then escalate to a written warning signed by the
    driver, and then suspensions and ultimately termination. Operators should identify
    offences that would result in immediate termination.
    Record-Keeping
    The operator is required to maintain driver logbooks and support documents for a period
    of at least six months. If a driver is exempt from keeping logbooks, the operator is
    responsible for retaining the appropriate time records and supporting documents.
    These records must be kept at the operator’s principal place of business in Ontario, and
    in chronological order. The operator is required, upon request by an officer, to produce
    these records during normal business hours. An officer is not required to give the
    operator prior notice of inspections.
    Hours of Service – September 2022 226
    Enforcement and Penalties
    Drivers and operators in violation of the hours of service regulations may be charged.
    Violations of these regulations by a driver or the operator that result in convictions are
    included in the operator’s record. An accumulation of these convictions, solely or in
    combination with convictions for any other type of offence under the Highway Traffic
    Act, may result in the operator being identified for further monitoring and enforcement
    options.
    Out-of-Service Declarations
    Drivers on the road who cannot produce the requested records are subject to being
    placed out of service. Drivers driving beyond the hours of service limitations are subject
    to prohibition of driving by an officer, until such time that they have enough hours
    available to proceed.
    Drivers may be placed out of service for 10 consecutive hours for violation of the daily
    driving and on-duty rules.
    If a driver fails to comply with the off-duty time requirements, they may be placed out of
    service for the number of hours needed to correct the failure.
    Drivers may be placed out of service for 72 consecutive hours for any of the following
    violations:
    ▪ Driver is unable or refuses to produce his/her daily log.
    ▪ There is evidence that the driver completed more than one daily log for the day,
    entered inaccurate information or falsified the daily log.
    ▪ Driver mutilates or defaces a daily log or supporting documents in such a way
    that it cannot be determined whether the driver has followed the driving time and
    off-duty requirements.
    Hours of Service – September 2022 227
    Appendix A – Example of a Daily Log Book Record
    Dangerous Goods – September 2022 228
    Commercial Vehicle Operators’ Safety Manual
    Module 10 – Dangerous Goods
    Overview ……………………………………………………………………………………………………… 229
    Dangerous Goods – Learning Objectives ………………………………………………………….. 230
    Dangerous Goods Regulations ……………………………………………………………………….. 231
    What is a Dangerous Good? …………………………………………………………………………… 232
    Dangerous Goods on Buses …………………………………………………………………………… 232
    Classes of Dangerous Goods …………………………………………………………………………. 233
    Identification of Dangerous Goods and Communication of Hazards (Safety Marks) … 233
    Accompanying Documentation ………………………………………………………………………… 237
    Shipping Document ……………………………………………………………………………………….. 237
    Reporting Incidents ……………………………………………………………………………………….. 238
    Prosecutions ………………………………………………………………………………………………… 238
    More Information …………………………………………………………………………………………… 239
    EMERGENCY NUMBERS …………………………………………………………………………………………………………… 239
    INFORMATION NUMBERS ………………………………………………………………………………………………………….. 239
    LINKS ………………………………………………………………………………………………………………………………….. 239
    Dangerous Goods – September 2022 229
    Overview
    The Commercial Safety and Compliance Branch of the Ministry of Transportation of
    Ontario has prepared this guide to assist and ensure that truck and bus companies
    (commercial vehicle operators) operate safely and are compliant with the regulations
    that govern highway use. Ontario, other provinces, the Government of Canada and the
    transportation industry developed the rules and regulations to help reduce the number
    and severity of collisions. Each jurisdiction has used the National Safety Code
    standards as guides in drafting their own transportation safety legislation. This approach
    promotes uniformity across Canada and helps to ensure that the transportation industry
    remains as viable and sustainable as possible.
    This guide applies to Ontario operators of commercial motor vehicles that are:
    ▪ Trucks, tractors, mobile equipment vehicles or trailers and/or any combination of
    these vehicles that have a registered gross weight or actual weight of more than
    4,500 kilograms
    ▪ Tow trucks, regardless of registered gross weight or actual weight
    ▪ Buses with a manufactured seating capacity of 10 persons or more, excluding
    the driver
    ▪ Accessible vehicles and school purposes vehicles, depending upon use
    The guide contains several modules, each dealing with a specific topic. To get a
    complete picture of compliance requirements, you should obtain the complete guide. If
    you intend to use certain parts of this guide only (for example, Module 1, “Getting
    Started”) it is recommended that you also obtain the modules “Introduction” and
    “Commercial Vehicle Operator’s Registration.

    This is a guide only and is not meant to be a substitute for the relevant statutes
    and regulations. This guide highlights some important legal provisions but is not
    an exhaustive description of all the laws that apply.
    Dangerous Goods – September 2022 230
    Dangerous Goods – Learning Objectives
    As you work through this module, you will be able to:
    ✓ Define dangerous goods.
    ✓ Understand the need for legislation to regulate the transportation of
    dangerous goods.
    ✓ Describe the training required.
    ✓ Identify the classes of dangerous goods.
    ✓ Identify the labels and placards used for dangerous goods.
    ✓ Describe the legislated use of labels and placards.
    ✓ Identify the required documentation.
    ✓ Describe procedures for reporting incidents.
    Completion of this module does not constitute dangerous goods training for an
    employee.
    Dangerous Goods – September 2022 231
    Dangerous Goods Regulations
    Dangerous goods are those that could cause harm to people, property or the
    environment.
    Each day, numerous products defined as dangerous goods are shipped from one point
    to another within Canada, by road, railroad, air and water. With the significant numbers
    of dangerous goods in transport, there is a great potential for incidents to occur that
    would endanger human life and damage the environment.
    Manufacturers, shippers, operators, terminals, users and governments need to work
    continually toward minimizing the risk of incidents during the transportation of
    dangerous goods, as well as the harm done when an incident does occur.
    For this reason, governments established legislation that applies to all stages of
    dangerous goods movement. They have also set up inspection and enforcement
    programs to achieve compliance with the legislation.
    In Canada, the federal government, and those of the provinces and territories, have
    enacted legislation to regulate the transportation of dangerous goods.
    Training
    The dangerous goods legislation directs that no one shall handle, offer for transport or
    transport dangerous goods unless they are trained or in the presence, and under the
    direct supervision, of someone who has been trained.
    It is the responsibility of each operator to make sure that employees and anyone driving
    the vehicles they are responsible for have the proper training necessary to transport or
    handle dangerous goods. When the operator believes that the employee has been
    adequately trained in relation to their duties for transporting dangerous goods, the
    operator must issue a training certificate to the employee.
    The certificate must include the following information:
  173. The name and address of the operator
  174. The name of the employee
  175. The signature of the operator and employee
  176. The date of expiry
  177. The aspects of training that the employee has received
    A certificate is valid for 36 months, and a copy must be kept at the operator’s place of
    business for a period of two years after the expiry date.
    Dangerous Goods – September 2022 232
    Every trained person who transports dangerous goods is required by law to produce a
    certificate of training when requested by an inspector.
    What is a Dangerous Good?
    Many products pose some danger while being transported, but dangerous goods are
    generally products that are inherently dangerous, whether or not they are in transport.
    Special precautions are called for to ensure safe transportation. The Transportation of
    Dangerous Goods Act, 1992, (TDGA, 1992) defines dangerous goods as “a product,
    substance or organism included by its nature or by the regulation in any of the classes
    listed in the schedule.”
    The schedule to the TDGA, 1992 identifies nine classes of dangerous goods.
    Manufacturers of dangerous goods, or products containing dangerous goods, cannot
    offer these for transport unless they have been properly classified. Each dangerous
    good falls within one of these nine classes. Some classes are further divided into
    divisions, in order to provide more information. The sub-class identifies additional
    dangers associated with the particular good within that general class.
    Dangerous Goods on Buses
    Transportation of Dangerous Goods Regulations, in column nine of Schedule 1, gives
    the quantity limits for dangerous goods above which those dangerous goods must not
    be transported on a passenger-carrying road vehicle (bus). The quantity limit is
    expressed in kilograms for solids; litres for liquids; and, for gases, the capacity of the
    means of containment of the gases.
    The word “Forbidden” in this column means that the dangerous goods must not be
    transported in any quantity on-board a bus. If no index number is shown, then there is
    no quantity limit. A few exceptions do exist: for example, dangerous goods that are
    required for the health and safety of passengers, such as medical oxygen.
    Before transporting dangerous goods, bus operators should check the regulation for
    prohibitions and applicable exemptions.
    Dangerous Goods – September 2022 233
    Classes of Dangerous Goods
    Class 1: Explosives
    ▪ Explosives, as included in the Explosives Act
    Class 2: Gases
    ▪ Compressed, deeply refrigerated, liquefied or dissolved under pressure
    Class 3: Flammable Liquids
    ▪ A liquid which has a closed-cup flash point not greater than 60oC.
    Class 4: Flammable Solids
    ▪ Flammable solids, meaning substances liable to spontaneous combustion, and
    substances that emit flammable gases upon contact with water
    Class 5: Oxidizing Substances and Organic Peroxides
    ▪ Substance which causes or contributes to the combustion of other material by
    yielding oxygen or other oxidizing substances or organic compounds which are
    strong oxidizing agents and may be liable to explosive decomposition, be
    sensitive to heat, shock or friction or react dangerously with other dangerous
    goods
    Class 6: Toxic and Infectious Substances
    ▪ A solid or liquid that is toxic through inhalation, by skin contact or by ingestion or
    Micro-organisms that are infectious or that are reasonably believed to be
    infectious to humans or animals.
    Class 7: Radioactive Materials
    ▪ Nuclear substances, within the meaning of the Nuclear Safety and Control Act,
    which are radioactive
    Class 8: Corrosives
    ▪ A substance that causes destruction of skin or corrodes steel or non-clad
    aluminum.
    Class 9: Miscellaneous Products, Substances or Organisms
    ▪ Miscellaneous products, substances or organisms considered by the Governor-
    in-Council to be dangerous to life, health, property or the environment when
    handled, offered for transport or transported
    Identification of Dangerous Goods and Communication of Hazards
    (Safety Marks)
    The legislation prescribes labels and placards (safety marks) for each classification of
    dangerous goods, as well as information that must be included in documents required to
    accompany the consignment of the dangerous goods. The prescribed markings and
    Dangerous Goods – September 2022 234
    documentation are intended to communicate the nature of the danger to handlers and
    those responding to spills and incidents.
    Generally, smaller packages are labelled, while larger shipments or goods that are
    shipped in a large means of containment are placarded. Transport units that are used
    must be placarded in accordance with the legislation, and the prescribed documents
    must accompany the consignment and be readily accessible.
    Placards are a clear indication that a transport unit contains dangerous goods. When a
    collision or spill occurs that involves a transport unit, these placards alert responders to
    the presence and nature of the dangerous goods, which allows them to take the
    necessary precautions and actions.
    Responders may examine the contents of the transport unit to locate the particular
    consignment of dangerous goods, and examine the accompanying documentation to
    obtain more precise information.
    Generally speaking, prior to taking possession of a shipment of dangerous goods, you
    must ensure that you are in possession of a shipping document containing the
    prescribed information, and that the means of containment are displaying the required
    safety marks.
    When placards are required to be displayed on a large means of containment, they
    must be displayed on each side and each end.
    The placards must remain on the large means of containment until no hazard remains.
    Once the dangerous goods have been unloaded and no hazard remains, the placards
    must be removed.
    If the dangerous-goods safety marks are lost, damaged or defaced during the trip, then
    the operator must replace them.
    Dangerous Goods – September 2022 235
    Dangerous Goods – September 2022 236
    Dangerous Goods – September 2022 237
    Accompanying Documentation
    When a shipping document is required to accompany the dangerous goods, it must be
    kept within arm’s reach of the driver. When the driver is not in the cab, the documents
    must be on the driver’s seat, in the pocket on the driver’s door or in a clearly visible
    position.
    One of the most important sources of information for a first responder to an accident is
    the dangerous goods documentation. The document outlines the dangerous goods you
    are carrying in a specific order, in which the first responders are trained.
    When a parked trailer carrying dangerous goods is not attached to the tractor, the
    person in charge of the parking area must keep one copy of the documents. Or, if there
    isn’t anyone in charge of the parking area, place a copy of the documents in a
    waterproof container attached to the trailer, where it is easily identifiable and accessible.
    Though there are other options available to leave documentation; the ones above are
    most commonly used.
    If the quantity of dangerous goods changes while in transport, the person in control of
    the vehicle must indicate this, so that the document reflects the amount of dangerous
    goods in the vehicle.
    Shipping Document
    A shipping document must, at minimum, include the following information for
    transportation by road:
    ▪ Legible and clear, “dangerous goods” highlighted over other freight
    ▪ Name and address of Consignor (Canadian)
    ▪ Date the document prepared
    ▪ Description of DG in following order
    o UN Number
    o Shipping name
    o (technical name) Special Provision 16
    o Primary class
    o Compatibility group – (explosives Class 1 only)
    o Subsidiary class in parentheses
    o Packing Group (roman numeral)
    o “Toxic by Inhalation” or “toxic – inhalation hazard” Special Provision 23
    Dangerous Goods – September 2022 238
    ▪ Quantity of Dangerous Goods / NEQ – Explosives (metric)
    ▪ Number of small means of containment
    ▪ 24 Hour phone number
    ▪ Residue last contained
    ▪ Declining balance
    ▪ ERAP number and activation telephone number (if required)
    ▪ Consignor’s Certification
    Reporting Incidents
    In the event of an accidental release of dangerous goods from a means of containment,
    a person who has possession of them at the time must make an immediate report to the
    following people, if the accidental release consists of a quantity of dangerous goods or
    an emission of radiation that is greater than the quantity or emission level set out in the
    table in Part 8 of the Regulation:
  178. The local police
  179. The owner of the vehicle
  180. Your employer
  181. The person or company that owns the consignment of the dangerous goods
    (consignor as per TDG Clear Language)
  182. CANUTEC, in the event of an accidental release of Class 1, 6.2, or a catastrophic
    failure of a gas cylinder
    The driver’s employer must submit a 30-day follow-up report to the Director General,
    Transport Dangerous Goods Directorate, Transport Canada (if you were required to
    make an immediate report of an accidental release of dangerous goods as per Section
    8.1 of the regulations).
    Prosecutions
    Prosecutions are undertaken for violations of the Dangerous Goods Transportation Act.
    Penalties include fines of up to $50,000 for first offences, up to $100,000 for second
    offences, and up to two years imprisonment for indictable offences.
    Dangerous Goods – September 2022 239
    More Information
    Emergency Numbers
    CANUTEC (613) 996-6666
    M.O.E. Spills Action Centre 1-800-268-6060
    Canadian Nuclear Safety Commission (613) 995-0479
    Information Numbers
    CANUTEC (613) 992-4624
    M.O.E. Spills Action Centre 1-416-325-3011
    Canadian Nuclear Safety Commission 1-800-668-5284
    Hazardous Waste Information Network (M.O.E) 1-866-494-6663
    Ontario Ministry of Transportation 1-800-387-7736
    Links
    The Transportation of Dangerous Goods Act (Federal)
    The Dangerous Goods Transportation Act
    Vehicle Weights and Dimensions – September 2022 240
    Commercial Vehicle Operators’ Safety Manual
    Module 11 – Vehicle Weights and Dimensions
    Overview ……………………………………………………………………………………………………… 241
    Vehicle Weights and Dimensions – Learning Objectives ……………………………………… 242
    Ministry of Transportation Permits ……………………………………………………………………. 243
    Safe, Productive, Infrastructure-Friendly (SPIF) Vehicles ……………………………………. 247
    More Information …………………………………………………………………………………………… 249
    Vehicle Weights and Dimensions – September 2022 241
    Overview
    The Commercial Safety and Compliance Branch of the Ministry of Transportation of
    Ontario has prepared this guide to assist and ensure that truck and bus companies
    (commercial vehicle operators) operate safely and are compliant with the regulations
    that govern highway use. Ontario, other provinces, the Government of Canada and the
    transportation industry developed the rules and regulations to help reduce the number
    and severity of collisions. Each jurisdiction has used the National Safety Code
    standards as guides in drafting their own transportation safety legislation. This approach
    promotes uniformity across Canada and helps to ensure that the transportation industry
    remains as viable and sustainable as possible.
    This guide applies to Ontario operators of commercial motor vehicles that are:
    ▪ Trucks, tractors, mobile equipment vehicles or trailers and/or any combination of
    these vehicles that have a registered gross weight or actual weight of more than
    4,500 kilograms
    ▪ Tow trucks, regardless of registered gross weight or actual weight
    ▪ Buses with a manufactured seating capacity of 10 persons or more, excluding
    the driver
    ▪ Accessible vehicles and school purposes vehicles, depending upon use
    The guide contains several modules, each dealing with a specific topic. To get a
    complete picture of compliance requirements, you should obtain the complete guide. If
    you intend to use certain parts of this guide only (for example, Module 1, “Getting
    Started”) it is recommended that you also obtain the modules “Introduction” and
    “Commercial Vehicle Operator’s Registration.

    This is a guide only and is not meant to be a substitute for the relevant statutes
    and regulations. This guide highlights some important legal provisions but is not
    an exhaustive description of all the laws that apply.
    Vehicle Weights and Dimensions – September 2022 242
    Vehicle Weights and Dimensions – Learning Objectives
    As you work through this module, you will be able to:
    ✓ Understand the need for overweight and oversize permits.
    ✓ Describe carrier responsibilities.
    ✓ Identify legal dimensions and weights.
    ✓ Determine which vehicles require permits and the specific conditions that
    apply.
    ✓ Identify the types of permits available.
    ✓ Obtain the latest road information, through the Traveller’s Information
    Website.
    ✓ Obtain information on safe, productive, infrastructure-friendly (SPIF) vehicles.
    Vehicle Weights and Dimensions – September 2022 243
    Ministry of Transportation Permits
    The Ontario Ministry of Transportation (MTO) monitors, controls and issues permits for
    the movement of vehicles or combination vehicles that do not comply with dimensional
    limits under the Highway Traffic Act. MTO establishes maximum weight and dimension
    limits for any vehicle using public roads, and makes provisions for the movement of
    oversize and overweight loads by issuing permits. This is done for the following
    purposes:
    ▪ To ensure the safety of the travelling public
    ▪ To minimize the inconvenience to the travelling public
    ▪ To minimize damage to the roadway infrastructure
    ▪ To facilitate the movement of commodities that are non-divisible, deemed
    impractical to divide or uneconomical to transport at legal dimensions
    ▪ To establish and communicate to the operator a set of conditions for the safe
    movement of the load
    ▪ To prevent damage to the operator’s vehicles and load
    Responsibilities
    It is the responsibility of the carrier to consult the legislation for the exact requirements
    and to obtain all required permits before moving any oversize or overweight shipment.
    MTO’s Oversize/Overweight Permit Office is not responsible for any omissions in these
    documents. Further, MTO is not responsible for incomplete, inaccurate or missing
    permits.
    Descriptions of vehicle types, with detailed, current legal dimensions and
    oversize/overweight vehicle and loads, are both available on the MTO website:
    Oversize/Overweight Vehicles and Loads in Ontario
    Safe, Productive and Infrastructure-Friendly Vehicles
    Vehicle Weights and Dimensions – September 2022 244
    Legal Dimensions (Size)
    Width: 2.6 metres (8’ 6”)
    Height: 4.15 metres (13’ 6”)
    Length:
    ▪ Single Vehicle 12.5 metres (41’0”)
    ▪ Truck-tractor and semi-trailer(s) 23.0 metres (75’6”)
    ▪ Truck and towed trailer(s) in combination 23.0 metres (75’6”)
    Legal Weights
    MTO establishes maximum vehicle weights to preserve highway infrastructure and
    ensure public safety. Legal weights are dependent on a variety of factors, including the
    number of axles and so on.
    Vehicle weights and dimensions are detailed in Regulation 413/05 of the Highway
    Traffic Act.
    Oversize/Overweight Permit Process
    Permits are required for the movement of vehicles and their loads that exceed the legal
    weights. Conditions are applied to the permits to minimize infrastructure damage and
    enhance public safety.
    Permits are required for the movement of vehicles and loads that exceed the legal
    dimensions.
    To obtain more information about oversize/overweight vehicles, contact the
    Oversize/Overweight Permit Office:
    From Ontario, 1-800-387-7736
    From out of province, (416) 246-7166
    Fax-in permit request, (905) 704-2545
    Prior to obtaining an over-dimensional permit, there may be other requirements that
    must be met in order to travel in Ontario (for example, Commercial Vehicle Operator’s
    Registration, National Safety Code and so on).
    Vehicle Weights and Dimensions – September 2022 245
    There are four types of permits that the ministry issues:
  183. Annual
  184. Project
  185. Single trip
  186. Special vehicle configuration
    Each oversize/overweight permit will have specific conditions attached, and these must
    be adhered to strictly. The permit may be terminated for breach of any condition, and
    the permit-holder may be subject to prosecution.
    A permit grants the movement of oversize/overweight loads only on highways under
    provincial jurisdiction. Municipalities may accept ministry permits or issue their own for
    highways under their jurisdiction. The carrier must contact appropriate municipalities to
    ensure compliance with the local bylaws.
    For further information, go to the Oversize/Overweight Guide or contact:
    Oversize/Overweight Permits
    301 St. Paul Street, 3rd Floor
    St Catharines, ON L2R 7R4
    Tel: 1-800-387-7736 (within Ontario only) or 416-246-7166
    Vehicle Weights and Dimensions – September 2022 246
    Long Combination Vehicle (LCV) Permits and Routes
    In Canada, any combination of vehicles over 25 metres overall length is considered to
    be an LCV. Ontario LCVs are made up of a tractor pulling two full-length semi-trailers
    up to 40 metres in overall length.
    LCV Program has established stringent program conditions governing operators,
    drivers, special LCV equipment and LCV operations. The conditions are specific, and
    structured to achieve safety, environmental and economic objectives for the program.
    Participating operators are responsible for verifying that drivers and instructors meet the
    specified qualifications, training and experience, and have obtained an Ontario Trucking
    Association (OTA) issued certificate. This includes ensuring that:
    ▪ LCV drivers are proven safe and reliable tractor trailer operators with a minimum
    of 5 years of experience.
    ▪ All LCV drivers successfully complete specified LCV driver training that includes
    classroom, yard and on-road training and evaluation including at least 1,000 km of
    practical LCV experience.
    ▪ LCV instructors have at least 10,000 km of LCV experience.
    Operators are required to enter into a Memorandum of Understanding (MoU) with the
    Ministry of Transportation signifying that the operator accepts responsibilities as
    outlined in the program conditions. All approved operators must maintain a satisfactory
    Carrier Safety Rating, not just in their LCV operations, but in all their operations.
    Strict guidelines detailing the vehicle configuration, dimensions and weight allowances
    are specified in the permit conditions. LCVs cannot be heavier than single tractor-
    trailers. LCVs are required to have special equipment including horsepower minimums,
    on-board speed recording devices, anti-lock braking systems (ABS), additional lighting,
    rear signage and electronic stability control (ESC).
    Vehicle Weights and Dimensions – September 2022 247
    LCV permits have specific and detailed operating restrictions that outline where and
    when participants may operate these vehicles. Permit conditions outline that LCVs may
    only operate on approved routes, must not detour off approved routes for any reason,
    including for road closures, and must not operate on any routes on the evening
    preceding and the last evening of long weekends.
    LCVs must not exceed a speed of 90 km/h, and must not travel in the Greater Toronto
    Area or parts of the Ottawa area during morning and afternoon rush hours. LCVs are
    not permitted to carry livestock or dangerous goods requiring a placard. LCVs must not
    operate during inclement weather, poor visibility or poor road conditions.
    Information on this program can be found on MTO’s website.
    Safe, Productive, Infrastructure-Friendly (SPIF) Vehicles
    As the name implies, SPIF vehicles are designed to be as productive as possible, while
    ensuring that their performance characteristics meet or exceed national guidelines for
    minimizing heavy-truck damage to roads and bridges.
    Highway Traffic Act regulations are now causing a migration to 31 SPIF alternatives.
    Each has its own schedule in the regulation describing the vehicle, its axles, suspension
    and other required equipment, as well as required dimensions and allowable weights.
    SPIF vehicles can have any body style and carry any commodity. There are no weight
    reductions for carrying products like sand or gravel.
    These vehicles provide superior stability and control, and can operate within acceptable
    amounts of space when turning or making emergency manoeuvres. In addition, the
    heavy five- and six-axle SPIF semi-trailers are equipped with an enhanced braking
    system to minimize the risk of failure and warn the driver of potential problems.
    Characteristics of SPIF vehicles are carefully prescribed and include that the vehicles
    must be:
    ▪ Equipped with fixed axles, or a combination of fixed and self-steering axles,
    that do not need to be raised for cornering
    ▪ Able to automatically distribute weight over all axles to minimize infrastructure
    wear
    ▪ Tested against national performance targets to ensure satisfactory stability
    and control, and reduced risk of rollovers and jack-knives
    The following flowchart will aid in determining the grandfathering or your particular
    vehicle:
    Vehicle Weights and Dimensions – September 2022 248
    Vehicle Weights and Dimensions – September 2022 249
    More Information
    The amended Ontario Regulation 413/05 of the Highway Traffic Act, titled Vehicle
    Weights and Dimensions – for Safe, Productive and Infrastructure-Friendly Vehicles, is
    available through the e-laws website.
    Non-SPIF vehicles, excluding 53-foot semi-trailers and other long tractor-trailer
    combinations, can legally operate in Ontario at reduced gross vehicle weights under
    what is now a vehicle weights and dimensions, two-tier system.
    Passenger Transportation Services – September 2022 250
    Commercial Vehicle Operators’ Safety Manual
    Module 12– Driver and Vehicle Licensing
    Overview ……………………………………………………………………………………………………… 251
    Driver and Vehicle Licensing – Learning Objectives …………………………………………… 252
    Vehicle Registration Requirements ………………………………………………………………….. 253
    COMMERCIAL VEHICLE REGISTRATION ……………………………………………………………………………………….. 253
    REGISTERED GROSS WEIGHT …………………………………………………………………………………………………… 254
    Vehicle Licence Plates …………………………………………………………………………………… 254
    FARM PLATES ……………………………………………………………………………………………………………………….. 254
    DEALER PLATE AND SERVICE PLATE ………………………………………………………………………………………….. 255
    Driver Licensing Requirements ……………………………………………………………………….. 257
    LICENCE TYPES ……………………………………………………………………………………………………………………… 257
    AIR BRAKES ………………………………………………………………………………………………………………………….. 259
    EXEMPTIONS …………………………………………………………………………………………………………………………. 259
    Passenger Transportation Services – September 2022 251
    Overview
    The Commercial Safety and Compliance Branch of the Ministry of Transportation of
    Ontario has prepared this guide to assist and ensure that truck and bus companies
    (commercial vehicle operators) operate safely and are compliant with the regulations
    that govern highway use. Ontario, other provinces, the Government of Canada and the
    transportation industry developed the rules and regulations to help reduce the number
    and severity of collisions. Each jurisdiction has used the National Safety Code
    standards as guides in drafting their own transportation safety legislation. This approach
    promotes uniformity across Canada and helps to ensure that the transportation industry
    remains as viable and sustainable as possible.
    This guide applies to Ontario operators of commercial motor vehicles that are:
    ▪ Trucks, tractors, mobile equipment vehicles or trailers and/or any combination of
    these vehicles that have a registered gross weight or actual weight of more than
    4,500 kilograms
    ▪ Tow trucks, regardless of registered gross weight or actual weight
    ▪ Buses with a manufactured seating capacity of 10 persons or more, excluding
    the driver
    ▪ Accessible vehicles and school purposes vehicles, depending upon use
    The guide contains several modules, each dealing with a specific topic. To get a
    complete picture of compliance requirements, you should obtain the complete guide. If
    you intend to use certain parts of this guide only (for example, Module 1, “Getting
    Started”) it is recommended that you also obtain the modules “Introduction” and
    “Commercial Vehicle Operator’s Registration.”
    This is a guide only and is not meant to be a substitute for the relevant statutes
    and regulations. This guide highlights some important legal provisions but is not
    an exhaustive description of all the laws that apply.
    Passenger Transportation Services – September 2022 252
    Driver and Vehicle Licensing – Learning Objectives
    As you work through this module, you will be able to:
    ✓ Describe the vehicle registration requirements.
    ✓ Identify the types of vehicles that can be operated by a holder of each licence
    class.
    Passenger Transportation Services – September 2022 253
    Vehicle Registration Requirements
    In Ontario, an operator may register commercial vehicles (power units) with a wide
    range of registered gross weights and or different declarations. Each type of plate
    provides for different uses and exemptions. It is crucial that operators register their
    vehicles appropriately. Failure to do so may result in the operator being charged with
    an offence and/or having their vehicle detained until proper registration is obtained.
    The following is a summary of what uses are authorized under each type of plate. This
    is an unofficial version of Government of Ontario legal materials. For accurate
    reference, refer to the official volumes. The Highway Traffic Act and regulations made
    under the act may be viewed on the E-laws website.
    Commercial Vehicle Registration
    Section 1(1) of the Highway Traffic Act defines a commercial motor vehicle as follows:
    “commercial motor vehicle” unless otherwise defined by regulation, means a motor
    vehicle having attached to it a truck or delivery body and includes an ambulance, a
    hearse, a casket wagon, a fire apparatus, a bus and a tractor used for hauling purposes
    on a highway.
    Most commercial motor vehicles must display a plate that has a white background and
    black lettering. These plates will normally contain two alpha characters with four or five
    numeric characters. You can use personalized or graphic-design plates, but need to
    ensure that they are classified as commercial on the registration.
    The plates for a commercial motor vehicle have to be displayed on the front and rear of
    the vehicle in a clear and conspicuous location. The validation device must be put on
    the front plate in the upper right corner. The crown on the plate cannot be covered or
    obscured by any material.
    Unlike personal vehicles, a commercial motor-vehicle validation device expires the last
    day of the month that is shown on it.
    If the commercial motor vehicle is used to travel outside of Ontario, the operator may be
    required to obtain prorated plates. Prorated plates are similar to regular commercial
    motor- vehicle plates, but display the letters PRP on them. More information on
    prorated plates and the International Registration Program can be found at:
    www.mto.gov.on.ca/english/trucks/irp/index.shtml
    Passenger Transportation Services – September 2022 254
    Registered Gross Weight
    To determine the registered gross weight for a commercial motor vehicle, the weight of
    a trailer must be added to the weight of the commercial motor vehicle, if the trailer
    transmits to the highway a weight greater than 2,800 kilograms. The commercial motor
    vehicle is then registered for the total gross weight of the towing vehicle and trailer
    combined.
    To determine the registered gross weight of a school bus, in kilograms, multiply the
    seating capacity of the bus by 40 and add it to the empty weight of the bus. The total
    will be the registered gross weight.
    To determine the registered gross weight of a bus, other than a school bus, in
    kilograms, multiply the seating capacity of the bus by 60 and add it to the empty weight
    of the bus. The total will be the registered gross weight.
    The fee tables to determine the cost for validation on commercial motor vehicles, farm
    vehicles and buses are found in Ontario Regulation 628 (Vehicle Permits).
    Vehicles that operate in excess of their registered gross weight are subject to penalty
    under HTA 121(1).
    Vehicle Licence Plates
    Farm Plates
    Effective January 1, 2015, new requests for farm plates will require the farmer to
    provide one of four pieces of documentation to demonstrate they have a farm
    business.
  187. An accredited farm organization membership card;
  188. A Gross Farm Income Exemption Certificate;
  189. An exemption letter from the Agricultural, Food and Rural Affairs Tribunal; or
  190. A letter from Agricorp.
    A farmer renewing their farm plates will not have to provide documentation to
    demonstrate they have a farm business.
    Farm plates have reduced fees and are subject to certain restrictions.
    Use of farm plates
    Farm-plated trucks and towed trailers may be used for the transportation of farm
    products, commodities, supplies, equipment, and building and maintenance items
    Passenger Transportation Services – September 2022 255
    owned by the farmer. Items include the trucking of gravel, rocks, sand and lumber to a
    farm for use on the farm.
    A farmer may only charge a fee to another farmer for trucking these items during the
    months of September, October and November.
    Farm-plated trucks and towed trailers may also be used for the farmer’s personal
    transportation – including the movement of personal effects such as household and
    hobby effects, as well as recreational and pleasure use.
    Prohibited use of farm plates
    Vehicles transporting logs, pulpwood or rocks from a forest, quarry or mine cannot use
    farm plates.
    Farm plates and logs/lumber
    The cutting of trees for purposes of production of paper by pulp mills, or for purposes of
    processing these logs for lumber, is a forestry operation. If it is demonstrated that the
    transportation of these items is to supply the farm, then farm plates may be used.
    Farm plates and rocks/sand/gravel
    The removal of rocks or stone is a mining or quarry operation and not related to the
    tilling or production of an agricultural product by a farmer. If it is demonstrated that the
    transportation of these items is to supply the farm, (for example, laneways, building
    construction, soil erosion), then farm plates may be used.
    Dealer Plate and Service Plate
    Dealer Plate/Permit
    Ontario motor-vehicle dealers licensed under the Motor Vehicle Dealers Act are eligible
    for the dealer plate/permit. This is a single portable plate with the word “DEALER” on
    the left side and red alpha-numeric characters on a white background.
    It is for exclusive use by motor-vehicle dealers, and only on those owned as part of the
    dealer’s inventory of vehicles for sale. It may be used privately in Ontario, or for
    purposes related to the sale of motor vehicles owned as part of the dealer’s inventory of
    those for sale. Commercial motor vehicles operating under the authority of a dealer
    plate must not be laden (with a load).
    Passenger Transportation Services – September 2022 256
    Service Plate/Permit
    Service providers, including anyone who repairs, customizes, modifies, manufactures or
    transports motor vehicles or trailers, will use the service plate/permit. This will indicate
    the service class of “SPR.”
    A service plate may be used:
  191. On a trailer or motor vehicle, other than a motorcycle or motor-assisted bicycle,
    for purposes related to the repair, road testing, customization or modification of
    the vehicle, if it is in the possession of the person to whom the service plate is
    issued
  192. For the purpose of transporting the vehicle by a person engaged in that business
  193. For the purpose of towing the vehicle by a person engaged in the business of
    transporting vehicles
  194. For purposes related to the manufacturing or sale of a trailer
  195. For the purpose of towing a vehicle to a location where its load will be removed
    or to an impound facility
    Commercial motor vehicles and trailers operating under the authority of a service plate
    must not be laden, unless the vehicle is being towed to an impound facility.
    Private use of motor vehicles or trailers with a service plate is not permitted.
    If the commercial motor vehicle is being operated in other jurisdictions, refer to
    the information in the Module 2, Getting Started, to determine if the vehicle is
    required to have an International Registration Plan (IRP) Cab Card.
    Passenger Transportation Services – September 2022 257
    Driver Licensing Requirements
    Licence types
    In Ontario, there are 15 different licence classes. Each one qualifies a driver to drive a
    different type of vehicle. The class of licence have must match the type of vehicle
    driven. See the chart below for the class of licence required for different vehicle types.
    A driver may hold a licence in more than one class, but never hold more than one
    driver’s licence. The operator must ensure that drivers are properly licensed for the
    vehicles they drive.
    Class of
    Licence Types of Vehicles Allowed
    May Also
    Drive
    Vehicle in
    Class
    A
    Any tractor trailer or combination of motor vehicle and towed
    vehicles where the towed vehicles exceed a total gross weight
    of 4,600 kilograms
    D, G and A
    with
    condition (R)
    A with
    condition (R)
    Drivers with a restricted Class A licence condition would be
    prevented from operating:
  196. a motor vehicle pulling double trailers
  197. a motor vehicle pulling a trailer with air-brakes.
    D and G
    B Any school purposes bus with designed seating capacity for
    more than 24 passengers
    C, D, E, F
    and G
    C Any regular bus with designed seating capacity for more than
    24 passengers D, F and G
    D
    Any truck or motor-vehicle combination exceeding 11,000
    kilograms (actual gross weight or registered gross weight),
    provided the towed vehicle is not over 4,600 kilograms
    G
    E School purposes bus – maximum of 24-passenger capacity F and G
    F Regular bus – maximum of 24-passenger capacity – and
    ambulances G
    G
    Any car, van or small truck, or combination of vehicle and
    towed vehicle, up to 11,000 kilograms, provided the towed
    vehicle is not over 4,600 kilograms, but not:
  198. a motorcycle or motor assisted bicycle
  199. a bus carrying passengers
  200. an ambulance in the course of providing ambulance service
    as defined in the Ambulance Act
    Passenger Transportation Services – September 2022 258
    Class of
    Licence Types of Vehicles Allowed
    May Also
    Drive
    Vehicle in
    Class
    G1
    Level 1 of graduated licensing – holders may drive Class G
    vehicles when accompanied by a fully licensed driver with at
    least four years of driving experience. Additional conditions
    apply
    G2
    Level 2 of graduated licensing – holders may drive Class G
    vehicles without an accompanying driver, but are subject to
    certain conditions:
  201. The number of young passengers that teen G2 drivers can
    carry will be limited from midnight to 5 a.m.
  202. Initially, G2 drivers 19 or under can carry only one passenger
    aged 19 or under
    After the first six months, and until the G2 driver earns a full G
    licence or turns 20, they can carry only three passengers aged
    19 or under
    M
    Motorcycles, including a limited-speed motorcycle (motor
    scooter) and a motor-assisted bicycle (moped). Holders may
    also drive a Class G vehicle under the conditions that apply to
    a class G1 licence-holder
    M with
    condition L
    (motor
    scooters and
    mopeds)
    M1
    Motorcycles, including a limited-speed motorcycle (motor
    scooter) and a motor-assisted bicycle (moped).
    Level 1 of graduated licensing. Holders may drive a
    motorcycle under certain conditions
    M with
    condition L
    (motor
    scooters and
    mopeds)
    M2
    Motorcycles, including a limited-speed motorcycle (motor
    scooter) and a motor-assisted bicycle (moped).
    Level 2 of graduated licensing. Holders may drive a
    motorcycle, but only with a zero blood-alcohol level. Holders
    may also drive a Class G vehicle under the conditions that
    apply to a class G1 licence-holder
    M with
    condition L
    (motor
    scooters and
    mopeds)
    M with
    condition L
    (LSM/Moped)
    Limited-speed motorcycle or mopeds only.
    Limited-speed motorcycles are motorcycles with a maximum
    speed of 70 km/h. If manufactured after 1988, they are
    identified by a label on the vehicle that indicates it is a
    “LSM/MVL.”
    Passenger Transportation Services – September 2022 259
    Class of
    Licence Types of Vehicles Allowed
    May Also
    Drive
    Vehicle in
    Class
    M2 with
    condition L
    (LSM/Moped)
    Limited-speed motorcycle (LSM) or moped only
    Driver-licence testing is done by DriveTest offices throughout the province. General
    information on driver licensing can be on the MTO website.
    Air Brakes
    Any driver operating a vehicle equipped with a full air-brake system, or air-over-
    hydraulic brake system, is required to have an endorsement on their driver’s licence. In
    Ontario, this is called a “Z” endorsement.
    Exemptions
    A driver of a class D commercial motor vehicle that is registered with farm plates
    carrying farm products, supplies or equipment not for compensation, or being used for
    personal use is required only to have a Class G licence.
    A truck or auto technician with a minimum Class G licence is allowed to operate any
    higher class of vehicle for the purposes of road testing, including a vehicle with air
    brakes.
    A driver of a tow truck towing a disabled vehicle is exempt from a Class A driver’s
    licence, provided that they have the appropriate licence to drive the tow truck.
    Passenger Transportation Services – September 2022 260
    Commercial Vehicle Operators’ Safety Manual
    Module 13 – Passenger Transportation Services
    Overview ……………………………………………………………………………………………………… 261
    Operating Authority ……………………………………………………………………………………….. 262
    THE ROLE OF THE ONTARIO MINISTRY OF TRANSPORTATION …………………………………………………………… 262
    PASSENGER TRANSPORTATION SERVICES ……………………………………………………………………………………. 262
    Passenger Transportation Services – September 2022 261
    Overview
    The Commercial Safety and Compliance Branch of the Ministry of Transportation of
    Ontario has prepared this guide to assist and ensure that truck and bus companies
    (commercial vehicle operators) operate safely and are compliant with the regulations
    that govern highway use. Ontario, other provinces, the Government of Canada and the
    transportation industry developed the rules and regulations to help reduce the number
    and severity of collisions. Each jurisdiction has used the National Safety Code
    standards as guides in drafting their own transportation safety legislation. This approach
    promotes uniformity across Canada and helps to ensure that the transportation industry
    remains as viable and sustainable as possible.
    This guide applies to Ontario operators of commercial motor vehicles that are:
    ▪ Trucks, tractors, mobile equipment vehicles or trailers and/or any combination of
    these vehicles that have a registered gross weight or actual weight of more than
    4,500 kilograms
    ▪ Tow trucks, regardless of registered gross weight or actual weight
    ▪ Buses with a manufactured seating capacity of 10 persons or more, excluding
    the driver
    ▪ Accessible vehicles and school purposes vehicles, depending upon use
    The guide contains several modules, each dealing with a specific topic. To get a
    complete picture of compliance requirements, you should obtain the complete guide. If
    you intend to use certain parts of this guide only (for example, Module 1, “Getting
    Started”) it is recommended that you also obtain the modules “Introduction” and
    “Commercial Vehicle Operator’s Registration.

    This is a guide only and is not meant to be a substitute for the relevant statutes
    and regulations. This guide highlights some important legal provisions but is not
    an exhaustive description of all the laws that apply.
    Passenger Transportation Services – September 2022 262
    Operating Authority
    The role of the Ontario Ministry of Transportation
    The Ministry of Transportation promotes and monitors the safe operation of all people operating
    vehicles, including those who provide transportation services using commercial motor vehicles.
    This ensures that all vehicles are licensed and operate in accordance with provincial legislation.
    It is essential for this important sector of Ontario’s economy to continue to achieve the highest
    safety standards.
    Passenger transportation services
    People providing a passenger transportation service in a commercial motor vehicle may require
    a public-vehicles licence.
    A licence is not required by a passenger transportation service that is operated within one
    municipality.
    A public-vehicle licence can be obtained from the Ontario Highway Transport Board (OHTB).
    This licence authorizes a person to operate a commercial vehicle for hire, to transport
    passengers. The services requiring a public-vehicles licence may include:
    ▪ Charter (site-seeing and tours)
    ▪ Scheduled services (services provided between two locations on a scheduled basis)
    ▪ Industrial (providing a transportation service under a contract for more than 30 days)
    Information on the OHTB can be found at: www.ohtb.gov.on.ca/
    Ontario Highway Transport Board
    151 Bloor Street West, 10th Floor
    Toronto, ON M5S 2T5
    Canada
    Telephone: (416) 326-6732
    Fax: (416) 326-6738
    e-mail: ohtb@mto.gov.on.ca
    The Public Vehicles Act can be found on the E-Laws website.
    Cargo Securement – September 2022 263
    Commercial Vehicle Operators’ Safety Manual
    Module 14 – Cargo Securement
    Overview ……………………………………………………………………………………………………… 264
    Cargo Securement – Learning Objectives …………………………………………………………. 265
    Background ………………………………………………………………………………………………….. 266
    Requirements for Securement Devices …………………………………………………………….. 267
    PROPER USE OF TIE-DOWNS ……………………………………………………………………………………………………. 267
    USE OF UNMARKED TIE-DOWNS ……………………………………………………………………………………………….. 267
    UNRATED AND UNMARKED ANCHOR POINTS ON COMMERCIAL VEHICLES …………………………………………… 267
    FRONT-END STRUCTURES ON COMMERCIAL VEHICLES ………………………………………………………………….. 267
    SUMMARY OF CARGO-SECUREMENT STANDARDS …………………………………………………………………………. 268
    General Securement Requirements …………………………………………………………………. 268
    CARGO PLACEMENT AND RESTRAINT …………………………………………………………………………………………. 268
    Minimum Working-Load Limits ………………………………………………………………………… 269
    MINIMUM NUMBER OF TIE-DOWNS …………………………………………………………………………………………….. 269
    SPECIAL RULE FOR SPECIAL-PURPOSE VEHICLES ………………………………………………………………………… 270
    Commodity-Specific Securement Requirements ………………………………………………… 270
    Other Sources of Help ……………………………………………………………………………………. 273
    Cargo Securement – September 2022 264
    Overview
    The Commercial Safety and Compliance Branch of the Ministry of Transportation of
    Ontario has prepared this guide to assist and ensure that truck and bus companies
    (commercial vehicle operators) operate safely and are compliant with the regulations
    that govern highway use. Ontario, other provinces, the Government of Canada and the
    transportation industry developed the rules and regulations to help reduce the number
    and severity of collisions. Each jurisdiction has used the National Safety Code
    standards as guides in drafting their own transportation safety legislation. This approach
    promotes uniformity across Canada and helps to ensure that the transportation industry
    remains as viable and sustainable as possible.
    This guide applies to Ontario operators of commercial motor vehicles that are:
    ▪ Trucks, tractors, mobile equipment vehicles or trailers and/or any combination of
    these vehicles that have a registered gross weight or actual weight of more than
    4,500 kilograms
    ▪ Tow trucks, regardless of registered gross weight or actual weight
    ▪ Buses with a manufactured seating capacity of 10 persons or more, excluding
    the driver
    ▪ Accessible vehicles and school purposes vehicles, depending upon use
    The guide contains several modules, each dealing with a specific topic. To get a
    complete picture of compliance requirements, you should obtain the complete guide. If
    you intend to use certain parts of this guide only (for example, Module 1, “Getting
    Started”) it is recommended that you also obtain the modules “Introduction” and
    “Commercial Vehicle Operator’s Registration.

    This is a guide only and is not meant to be a substitute for the relevant statutes
    and regulations. This guide highlights some important legal provisions but is not
    an exhaustive description of all the laws that apply.
    Cargo Securement – September 2022 265
    Cargo Securement – Learning Objectives
    As you work through this module, you will be able to:
    ✓ Obtain your own copy of the National Safety Code Standard 10, Cargo
    Securement.
    ✓ Understand the application of the performance criteria that all cargo-
    securement systems must be capable of meeting.
    ✓ Understand the relationship between the general securement rules and those
    rules for specific commodities.
    ✓ Identify commodities that have specific cargo-securement requirements, in
    addition to the general requirements.
    ✓ Identify possible training sources that may help you ensure compliance to
    Ontario’s Highway Traffic Act and National Safety Code Standard 10.
    Cargo Securement – September 2022 266
    Background
    Load-securement requirements are found in Section 111 of the Highway Traffic Act
    (HTA) and in Ontario Regulation 363/04. This regulation adopts National Safety Code
    (NSC) Standard 10, Cargo Securement, as the standard for securing loads in Ontario.
    The intent of this national standard is to:
    ▪ Reduce the number of accidents caused by cargo shifting or falling from
    commercial vehicles.
    ▪ Harmonize to the greatest extent practicable US, Canadian and Mexican cargo-
    securement regulations.
    A copy of the National Standard is available on the CCMTA website
    Application of the Regulations
    Cargo-securement standards apply to all types of cargo, except items exempt from
    Division 3 of NSC Standard 10. These exemptions include commodities in bulk that
    lack structure or fixed shape (for example liquids, gases, grain, liquid concrete, sand,
    gravel, aggregates), and that are transported in a tank, hopper, box or similar device
    forming part of the structure of a commercial motor vehicle.
    However, Section 111(2) of the HTA makes it an offence if any load or portion of the
    load may become dislodged or fall, leak, spill or blow from the vehicle.
    Cargo-securement requirements apply to all operators transporting goods on Ontario
    highways, regardless of weight. This section specifies that the goods must be secured
    so the vehicle can be operated safely when loaded.
    Performance Criteria
    The requirements included in NSC Standard 10 require all cargo-securement systems
    to withstand specified minimum amounts of force in the forward, rearward, sideways
    and downward directions.
    Generally, operators are not required to conduct testing of cargo-securement systems
    to determine whether they comply with the performance requirements. The standard
    states clearly that cargo secured according to the general rules and the commodity-
    specific rules is considered to meet the specified performance criteria.
    Cargo Securement – September 2022 267
    Requirements for Securement Devices
    Cargo-securement standards require that all devices and systems used to secure cargo
    to, or within, a vehicle must be capable of meeting the performance criteria. All vehicle
    structures, systems, parts and components used to secure cargo must be in proper
    working order when in use. This means that they cannot be damaged or weakened, so
    as to affect their performance.
    The cargo-securement standard has a reference for manufacturing standards for certain
    types of tie-downs, including steel strapping, chain, synthetic webbing, wire rope, and
    cordage. Changes in the references do not necessarily mean that the older securement
    devices need to be replaced.
    Proper Use of Tie-Downs
    Each tie-down must be attached and secured so that it doesn’t become loose,
    unfastened, opened or released while the vehicle is moving. All tie-downs and other
    components of a cargo-securement system must be located inside any rub rails,
    whenever practical. Also, edge protection must be used whenever a tie-down would be
    subject to wear or cutting at the point where it touches an article of cargo. The edge
    protection must resist wear, cutting and crushing.
    Use of Unmarked Tie-Downs
    The cargo-securement standards do not allow the use of a tie-down, or component of a
    tie-down, to secure cargo to a vehicle unless it is marked by the manufacturer with
    respect to its working load limit.
    Unrated and Unmarked Anchor Points on Commercial Vehicles
    The cargo-securement rules do not require the rating and marking of anchor points on a
    vehicle or on cargo. While vehicle manufacturers are encouraged to rate and mark
    anchor points, the new rules do not include this as a requirement.
    Front-End Structures on Commercial Vehicles
    Rules concerning front-end structures or header boards are included in NSC Standard
    10, and cover commercial vehicles transporting cargo that is in contact with the front-
    end structure of the vehicle.
    Cargo Securement – September 2022 268
    Summary of Cargo-Securement Standards
    The national standard is comprised of general provisions for all cargo and other
    securement requirements for specific types of cargo such as logs, dressed lumber,
    metal coils, concrete pipe and paper rolls. The other securement requirements for
    specific cargo is applied, in addition to the general requirements.
    Securement systems or devices used to secure cargo on a vehicle must meet the
    performance criteria within the standard and prevent cargo from moving or shifting on
    the vehicle when it is subjected to forces caused by accelerating, braking, emergency
    lane changes, cresting a hill or any event up to, but short of, a crash.
    Securement systems are considered compliant with the national standard, provided that
    they meet the general provisions and any requirements for specific types of cargo. Tie-
    downs, blocking, bracing and friction mats are common devices used to secure cargo,
    and must meet the aggregate working-load limit and minimum tie-down requirements in
    the standard.
    General Securement Requirements
    Cargo must be secured firmly on or within a vehicle by:
    ▪ Structures of adequate strength
    ▪ Dunnage (loose materials used to support and protect cargo) or Dunnage bags
    (inflatable bags intended to fill space between articles of cargo or between cargo
    and the wall of the vehicle)
    ▪ Shoring bars
    ▪ Tie-downs
    ▪ A combination of the above
    Cargo Placement and Restraint
    Articles of cargo that are likely to roll must be restrained by chocks, wedges, a cradle or
    other equivalent means to prevent rolling. They must remain fastened or secured while
    the vehicle is moving.
    Articles of cargo placed beside each other and secured by tie-downs placed across the
    cargo must be:
    ▪ Placed in direct contact with each other
    ▪ Prevented from shifting toward each other while the vehicle is moving
    Cargo Securement – September 2022 269
    Minimum Working-Load Limits
    The aggregate working-load limit of the tie-downs used for an article or a group of
    articles of cargo must be at least 50 percent of the weight of that article or group of
    articles.
    The aggregate working-load limit is the sum of:
  203. The working load limit for each tie-down that goes from an anchor point on the
    vehicle to an attachment point on an article of cargo (direct tie-down)
    PLUS
  204. The working-load limit for each tie-down that goes from an anchor point on the
    vehicle, through or over the cargo, and then attaches to another anchor point on
    the vehicle (indirect tie-down)
    Minimum Number of Tie-Downs
    The cargo-securement system used to secure cargo must consist of the minimum
    required number of tie-downs. This requirement is in addition to complying with rules
    concerning the aggregate working load limit.
    When an article of cargo is not blocked or positioned to prevent movement in the
    forward direction, the number of tie-downs needed depends on the length and weight of
    the articles.
    There must be at least:
    ▪ One tie-down for articles 1.52 metres or less in length, and 500 kilograms or less
    in weight
    ▪ Two tie-downs if the article is:
    o 1.52 metres (five feet) or less in length and more than 500 kilograms
    (1,100 lb.) in weight
    o Greater than 1.52 metres (five feet) but less than 3.04 metres (10 feet),
    regardless of weight
    For example, one tie-down is required if the article of cargo is 1.52 metres in length (five
    feet) and does not exceed 500 kilograms (1,100 lb). If the article of cargo is greater
    than 1.52 metres in length but less than 3.04 metres, then two tie-downs would be
    needed, regardless of the weight.
    When an article of cargo is not blocked or positioned to prevent forward movement and
    the item is longer than 3.04 metres (10 feet) in length, then it must be secured by:
    Cargo Securement – September 2022 270
  205. Two tie-downs for the for the first 3.04 metres (10 feet) of cargo
  206. One tie-down for each additional 3.04 metres (10 feet) or fraction thereof
    If an article is blocked or braced by a header board, bulkhead or other articles that are
    adequately secured to prevent forward movement, then it must be secured by at least:
    ▪ One tie-down for every 3.04 metres of article length, or fraction thereof
    Special Rule for Special-Purpose Vehicles
    Generally, the basic rules concerning the minimum number of tie-downs do not apply to
    a vehicle transporting one or more articles of cargo such as machinery or manufactured
    structural items (for example, steel or concrete beams, crane booms, girders, trusses
    and so on), which because of their design, size, shape or weight must be secured by
    special methods.
    However, any article of cargo carried on that vehicle must be adequately secured by
    devices that are capable of meeting the performance requirements and the working-
    load limit requirements.
    Commodity-Specific Securement Requirements
    Detailed requirements have been adopted for the securement of the following
    commodities:
  207. Logs
  208. Dressed lumber
  209. Metal coils
  210. Paper rolls
  211. Concrete pipe
  212. Inter-modal containers
  213. Small vehicles (under 4,500 kg)
  214. Heavy vehicles
  215. Crushed vehicles
  216. Roll-on/roll-off or hook-lift containers
  217. Large boulders
    Cargo Securement – September 2022 271
    For the complete securement requirements for these specific commodities, refer to NSC
    Standard 10.
  218. Logs
    The commodity-specific rules for securing logs apply to the transportation of almost all
    logs, with the following exceptions:
  219. Loads that consist of no more than four logs may be transported using the
    general cargo-securement rules
  220. Firewood, stumps, log debris and logs may be transported in a vehicle or
    container enclosed on all sides and strong enough to contain them
  221. Dressed Lumber and Similar Building Products
    The rules in this section apply to the transportation of bundles of dressed lumber,
    packaged lumber or building products such as plywood, gypsum board or other
    materials of similar shape.
    Building products that are not bundled or packaged must be treated as loose items and
    transported using the general cargo-securement rules. For the purpose of this section,
    the term “bundle” refers to packages of lumber, building materials or similar products
    that are unitized for securement as a single article of cargo.
    This section does not apply to building products loaded on pallets or to packages of
    engineered wood products such as beams or trusses. Dressed lumber and similar
    bundled building products transported in enclosed trucks or trailers can be transported
    using the general cargo-securement rules.
  222. Metal Coils
    The rules in this section apply to the transportation of one or more metal coils, which
    individually or grouped together weigh 2,268 kilograms (5,000 lb.) or more. Shipments
    of metal coils that weigh less than 2,268 kilograms (5,000 lb.) may be secured using the
    general cargo-securement rules.
  223. Paper Rolls
    The rules for securing paper rolls apply to shipments of them, which individually or
    together weigh 2,268 kilograms (5,000 lb.) or more. Shipments of paper rolls that weigh
    less than this, as well as paper rolls bundled on a pallet, may be secured either using
    the rules in this section or the general cargo-securement rules.
    Cargo Securement – September 2022 272
  224. Concrete Pipe
    The rules in this section apply to the transportation of concrete pipe on flatbed trailers
    and vehicles, and on lowboy trailers. Concrete pipe that is bundled tightly together into a
    single rigid article with no tendency to roll, and concrete pipe loaded in a sided vehicle
    or container, must be secured using the general rules.
  225. Inter-modal Containers
    The requirements for inter-modal containers cover the transportation of these
    containers on container chassis and other types of vehicles. Inter-modal containers are
    freight containers designed and constructed to permit them to be used in two or more
    modes of transportation (for example, road and ship). Cargo contained within inter-
    modal containers must be secured using the general cargo-securement rules or, if
    applicable, the commodity-specific rules.
  226. Automobiles, Light Trucks and Vans
    This portion of the new standards applies to the transportation of automobiles, light
    trucks, vans and equipment that operate on wheels or tracks, which individually weigh
    4,500 kilograms (9,920 lb.) or less. Individual vehicles that are heavier than this must be
    secured in the same manner as heavy vehicles, equipment and machinery.
  227. Heavy Vehicles, Equipment and Machinery
    These requirements apply to the transportation of heavy vehicles, equipment and
    machinery that operate on wheels or tracks, such as loaders, bulldozers, tractors and
    power shovels, which individually weigh 4,500 kilograms (9,920 lb.) or more. Those
    lighter than 4,500 kilograms (9,920 lb.) may be secured using these rules; the rules for
    automobiles, light trucks and vans; or the general freight requirements.
  228. Flattened or Crushed Vehicles
    The transportation of vehicles such as automobiles, light trucks and vans that have
    been flattened or crushed for recycling is covered by these requirements. This does not
    include vehicles that have been damaged in a collision and still have wheels attached.
  229. Roll-on/Roll-off or Hook-Lift Containers
    These rules apply to the transportation of roll-on/roll-off or hook-lift containers. A hook-
    lift container is specialized, primarily used to contain and transport materials in the
    waste, recycling, construction, demolition and scrap industries. These containers are
    handled by specialized vehicles on which the container is loaded and unloaded onto a
    tilt-frame body by a moveable hook arm.
    Cargo Securement – September 2022 273
  230. Large Boulders
    The rules in this section apply to the transportation of any large piece of natural,
    irregularly shaped rock weighing more than 5,000 kilograms (11,000 lb.), or with a
    volume of more than two cubic metres on an open vehicle, or in a vehicle whose sides
    are not designed and rated to contain such cargo.
    Pieces of rock weighing more than 100 kilograms (220 pounds), but less than 5,000
    kilograms (11,000 pounds) must be secured, either using this section, or using the
    general cargo securement rules, including:
  231. Rock contained within a vehicle which is designed to carry such cargo
  232. Secured individually by tie-downs, provided that each piece can be stabilized and
    adequately secured
    Rock that has been formed or cut to a shape, and provides a stable base, must also be
    secured, as described in this section or with the general-securement rules.
    Other Sources of Help
    The following websites may be useful in obtaining information on cargo securement.
    A copy of the National Standard is available on the CCMTA website
    Driver’s Handbook on Cargo Securement
    NSC Standard 10 interpretation documents
    Terms of Reference – September 2022 274
    Commercial Vehicle Operators’ Safety Manual
    Module 15 – Terms of Reference
    Abstract
    A record of carrier identification and performance data.
    Accessible vehicle
    Means a passenger vehicle or a bus,
    ▪ that is designed or modified to be used for the purpose of transporting persons
    with disabilities and is used for that purpose, whether or not the vehicle is also
    used to transport persons without disabilities, and
    ▪ that is operated,
    o for compensation by, for or on behalf of any person, club, agency or
    organization, or
    o not for compensation by, for or on behalf of any person, club, agency or
    organization that holds itself out as providing a transportation service to
    persons with disabilities.
    Actual weight
    In the case of a truck towing a trailer, means the weight of the truck, when loaded or
    empty, plus any weight transferred to the truck by an attached trailer, including a house
    trailer, an object, a device or an implement of husbandry. The weight transmitted to the
    road by a towed vehicle is not included in the truck’s actual weight.
    The empty weight of a truck may be found on the vehicle portion of the truck’s permit
    (ownership) beside the VEH WT heading and is in kilograms. Note: VEH WT may have
    been determined before the installation of the truck’s cargo body, equipment, fuel, etc.
    Adjusted Fleet Size
    The number of commercial motor vehicles operated in Ontario by a carrier, plus any
    double shifted commercial motor vehicles and then reduced to account for the
    percentage of travel within Ontario.
    Terms of Reference – September 2022 275
    Annual Inspection Certificate
    Means a vehicle inspection record evidencing compliance with the inspection
    requirements and performance standards set out in NSC Standard 11B (Truck) as
    modified by Schedule 3, NSC Standard 11B (Trailer) as modified by Schedule 4 or NSC
    Standard 11B (Bus) as modified by Part I of Schedule 5, as appropriate to the type of
    vehicle indicated on the record.
    Annual Inspection Report
    Means, in relation to a vehicle inspection that results in the issuance of an annual
    inspection sticker, a report containing the information required by clause 10 (1) (d) of
    Regulation 601 (Motor Vehicle Inspection Stations) made under the Highway Traffic Act.
    Annual Inspection Sticker
    Means a vehicle inspection sticker evidencing compliance with the inspection
    requirements and performance standards set out in NSC Standard 11B (Truck) as
    modified by Schedule 3, NSC Standard 11B (Trailer) as modified by Schedule 4 or NSC
    Standard 11B (Bus) as modified by Part I of Schedule 5, as appropriate to the type of
    vehicle indicated on the sticker.
    Audit – See Facility Audit
    Bus
    Means a motor vehicle designed for carrying ten or more passengers, excluding the
    driver, and used for the transportation of persons.
    Cab Card
    A vehicle permit issued by a Canadian jurisdiction, which allows travel into other
    Canadian jurisdictions. This is considered an Ontario permit for out-of-province
    operators.
    Cancellation
    The Registrar of Motor Vehicles may cancel the CVOR Certificate, the number plate
    and plate portion of vehicle permits and operating privileges of a carrier.
    Commercial Motor Vehicle (CMV)
    A commercial motor vehicle includes a truck or highway tractor with a gross weight or
    registered gross weight of more than 4500 kg, a bus with a seating capacity for ten or
    Terms of Reference – September 2022 276
    more passengers or a tow truck. Exceptions are noted in Regulation 419/15 under the
    Highway Traffic Act.
    Commercial Vehicle
    Includes commercial motor vehicles and the trailers they may tow.
    Commercial Vehicle Inspection Report (CVIR)
    An inspection report completed by an enforcement officer or police officer of a complete
    mechanical inspection of a commercial vehicle (i.e. a Level 1 or Level 5 inspection).
    This inspection usually takes place on road, at a truck inspection station or at the
    carrier’s place of business. Safety defects, if any, are reported on this form.
    Commercial Vehicle Operator’s Registration (CVOR) Certificate
    A Commercial Vehicle Operator’s Registration (CVOR) Certificate is issued when a
    carrier is registered in the Ministry of Transportation CVOR System as a carrier. A copy
    of the certificate must be carried in each commercial motor vehicle operated under that
    CVOR.
    Commercial Vehicle Operator’s Registration (CVOR) System
    An automated computer system that monitors the on-road performance of all carriers
    utilizing Ontario roadways.
    Commercial Vehicle Safety Alliance (CVSA)
    Commercial Vehicle Safety Alliance (CVSA) is an international organization comprised
    of Canada, the US, Mexico and Puerto Rico. This agreement provides uniform vehicle
    inspection criteria across North America.
    CVOR Abstract (Level I)
    A one-page summary of a carrier’s performance over the previous 24-month period,
    accessible by the general public.
    Carrier CVOR Abstract (Level II)
    A detailed history of a carrier’s performance including a summary of performance over
    the previous 24-month period, accessible only by the carrier or an authorized agent of
    the carrier. Details of collisions, convictions and inspections over the previous five years
    are also included.
    CVOR Driver Abstract
    Terms of Reference – September 2022 277
    A summary of a driver’s performance in Ontario while operating commercial motor
    vehicles over the previous five-year period including moving and non-moving violations,
    collisions and inspections.
    Deputy Registrar
    The Deputy Registrar of Motor Vehicles appointed under the Highway Traffic Act and
    designated by the Registrar of Motor Vehicles to act on his/her behalf.
    Dispute
    For the purposes of this document, a dispute is a written response that a carrier may file
    with the Registrar within 30 days of notice of a proposed carrier Safety Rating.
    Double-Shifted
    A vehicle operated by two individual drivers, who have separate shifts consisting of a
    minimum of 8 hours each, in a 24-hour period more than 4 days per week. The carrier
    must have sufficient drivers and supporting logs/time records to qualify for double shift
    status.
    Emergency vehicle
    means,
    ▪ a road service vehicle operated by or on behalf of a road authority,
    ▪ a vehicle used by a person employed by or on behalf of a police force, or
    ▪ a vehicle used by or on behalf of a public utility.
    Event
    Collisions, convictions and inspections involving commercial vehicles that are monitored
    by the CVOR System.
    Expiry Date
    The expiry date assigned by the Registrar to a CVOR certificate. Unless renewed, the
    certificate is not valid after the expiry date.
    Facility Audit
    The facility audit is a “risk based” assessment of the elements known to cause or
    contribute to commercial motor vehicle (cmv) collisions. The Facility Audit consists of
    THREE Profiles: 1) Qualifications Records and Reporting, 2) Hours of Service and 3)
    Vehicle Maintenance.
    Terms of Reference – September 2022 278
    Fleet Limitation
    A sanction imposed by the Registrar limiting the number of commercial motor vehicles
    that a carrier may operate within Ontario during the period of a sanction. Every vehicle
    operated within Ontario during a fleet limitation must be accompanied by an original
    fleet limitation certificate issued by the Deputy Registrar.
    Gross Vehicle Weight Rating (GVWR)
    The GVWR of a vehicle is a weight rating established by the manufacturer that indicates
    the maximum gross weight that the vehicle is designed for and includes the empty
    weight of the vehicle with the maximum payload. The GVWR of a vehicle is stated on
    the manufacturer’s federal compliance label – usually on the driver’s door or door post
    on a truck or on the left side near the front on trailers.
    Gross Weight
    The Gross Weight of a vehicle is the actual weight of the vehicle as would be
    determined by weighing the entire vehicle and its load on a weigh scale.
    Highway Traffic Act (HTA)
    HTA with its regulations governs such things as vehicle registration, driver licensing,
    vehicle equipment, vehicle safety inspection, weight, length and height of vehicles/load,
    security of loads, school buses, Commercial Vehicle Operator’s Registration, Registrar
    of Motor Vehicle sanctions, hours of work and retention of records.
    Hours of Work
    Regulated driving and on-duty hours for a driver of a commercial motor vehicle.
    International Registration Plan (IRP)
    Manages the program that allows commercial vehicle registration revenues to be
    distributed among the jurisdictions in which carriers travel.
    Inter-city Bus
    A bus commonly known as a motor coach that has,
    a) Motive power mounted to the rear of the front axle,
    b) Air-ride or torsion bar suspension,
    c) A baggage area that is separate from the passenger cabin, and
    d) A passenger cabin with reclining seats for passengers.
    Terms of Reference – September 2022 279
    Intervention(s)
    A number of disciplinary actions that may be imposed on a carrier. These include, but
    are not limited to a warning letter, an interview, a facility audit, and/or a sanction.
    Licence Appeal Tribunal (LAT)
    A tribunal that hears carrier appeals of sanction decisions made by the Registrar of
    Motor Vehicles. Formally known as the Licence Suspension Appeal Board (LSAB).
    Motor Vehicle Inspection Station (MVIS)
    An inspection station authorized by the ministry to inspect vehicles for certification of
    mechanical fitness and issuance of annual inspection stickers and Safety Standards
    Certificates (SSC).
    National Safety Code
    A series of safety related performance standards that are national in scope and
    designed to promote the safe operation of commercial motor vehicles, many of which
    have been incorporated into the Highway Traffic Act and its regulations.
    Notice of Appeal
    A notice filed by a carrier to the Licence Appeal Tribunal (LAT) to appeal a decision
    made by the Registrar of Motor Vehicles.
    Operator
    The term operator is used in this document to describe the person or company who
    operates a truck and is directly or indirectly responsible for the operation of the vehicle,
    conduct of the driver and carriage of goods or passengers. The operator may own or
    lease the vehicle. Operator is also used to distinguish the operator from driver. The
    driver may be the operator, or a person hired by the operator. A person who is the
    operator and the driver of a vehicle is required to comply with the rules for both the
    driver and the operator.
    Operating Licence
    A licence issued to operate public vehicles on a for-hire basis under the Motor Vehicle
    Transport Act or Public Vehicles Act.
    Owner/Operator
    A person who owns a commercial motor vehicle that sub-contracts their services to a
    licensed carrier.
    Terms of Reference – September 2022 280
    Public Vehicles Act
    The PVA provides legislation for the movement of for-hire buses within the province.
    Registered Gross Weight (RGW)
    The RGW determines the fee paid for a truck or bus licence plates. RGW is based on,
    and must be at least equal to the actual weight of the truck and its heaviest load or in
    the case of a bus the empty weight of the bus plus 60 kg per passenger (40 kg per
    passenger for school buses) based on the seating capacity of the bus. Generally, the
    weight of a towed trailer and its heaviest load are added to the RGW of the truck. Load
    includes the driver, passengers, fuel, equipment, tools, etc. A trailer does not have a
    RGW.
    The RGW is indicated on the right portion (plate portion) of a truck or bus ownership, to
    the right of “REG. GROSS WT” and is in kilograms. One kilogram equals 2.204 pounds
    and one pound equals 0.4536 kilograms.
    Safety Record
    A record kept and obtained by the Registrar relating to a carrier or related carrier that is
    normally considered in issuing sanctions and must be considered by the Registrar in
    issuing a Safety Rating.
    Sanction
    A sanction is the most severe disciplinary measure. It may result in a fleet limitation,
    plate seizure, or suspension or cancellation of a carrier’s operating privileges.
    School bus
    A bus that
    ▪ is painted chrome yellow, and
    ▪ displays on the front and rear thereof the words “school bus” and on the rear
    thereof the words “do not pass when signals flashing”.
    School purposes bus
    A bus while being operated by or under a contract with a school board or other authority
    in charge of a school for the transportation of adults with a developmental disability or
    children.
    Terms of Reference – September 2022 281
    School purposes accessible bus
    An accessible bus while being operated by or under a contract with a school board or
    other authority in charge of a school for the transportation of adults with a
    developmental disability or children.
    School purposes accessible van
    An accessible van while being operated by or under a contract with a school board or
    other authority in charge of a school for the transportation of adults with a
    developmental disability or children.
    School purposes vehicle
    A passenger vehicle while being operated by or under a contract with a school board or
    other authority in charge of a school for the transportation of adults with a
    developmental disability or children.
    Semi-Annual Inspection Certificate
    A vehicle inspection record evidencing compliance with the inspection requirements and
    performance standards set out in NSC Standard 11B (Bus) as modified by Part I and II
    of Schedule 5.
    Semi-Annual Inspection Report
    In relation to a vehicle inspection that results in the issuance of a semi-annual
    inspection sticker, a report containing the information required by clause 10 (1) (e) of
    Regulation 601 (Motor Vehicle Inspection Stations) made under the Highway Traffic Act.
    Semi-Annual Inspection Sticker
    A vehicle inspection sticker evidencing compliance with the inspection requirements and
    performance standards set out in NSC Standard 11B (Bus) as modified by Part I and II
    of Schedule 5.
    Threshold
    The standard against which a carrier’s performance is measured. The threshold
    represents 100% of a carrier’s allowable violation rate based on industry performance
    data.
    Total Ontario Fleet Size
    Total number of commercial motor vehicles normally operated by a carrier in Ontario.
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