Notice

Issue:

The authority to operate a chartered trip from a point not on one’s operating licence stems from Section 7(5)(b) of Regulation 982 under the Public Vehicles Act. The purpose of this Regulation is to provide a relief mechanism in the event that the existing licensed carriers cannot provide sufficient equipment at any point in time.

To date, the Board’s interpretation of this Regulation has been that all licensed operators authorized to serve the municipality in question must be contacted each time before undertaking each trip. There must be written evidence of the call(s) and the licensed carrier must be given reasonable notice of the request i.e. date and type of equipment required (“All Call Rule”)

Based on the above, it is therefore critical that there be a data bank providing the names and addresses of licensed carriers, the contact person(s) and the municipalities from which they are authorized to originate charter trips. This information is not currently available and the Regulation is therefore difficult to administer by the Board and frustrating to the operators in Ontario.

Objective:

The Board will endeavour to develop the data bank in a concise and cost effective manner. The process will be a voluntary one, but it is suggested that all operators participate in this exercise. All licensed carriers originating charters in Ontario in highway coaches (Class A,B,C type coaches) will receive this Notice and an index of municipalities in Ontario. Operators are requested to indicate the municipalities that they are authorized to originate charters from and return the completed material to the Board in the pre-addressed return envelope or by facsimile. The Board will not verify the accuracy of the returns and will rely solely on the operator’s advice. Please bear in mind that the information provided by the operator does not in any way affect the Board in any hearing that may occur in which the Board may have to decide on the validity of an operating licence.

Please complete the form and mail/fax it to the Board by November 30th, 2000.

Before developing a data bank and Practice and Procedure on this important issue, the Board will hold meetings at selected venues to receive submissions on the Board’s proposed policy from operators or other interested persons. Submissions should include, but not be limited to, what constitutes reasonable notice to a licensed operator, the time by which a reply should be expected from the operator, whether all carriers must be contacted especially in large urban centres, what type of evidence of the request should be maintained and any other information that is important and useful to ensure that the system is both fair and equitable.

The meetings will be held on the following dates:

Tuesday, November 21
Ottawa
Canadian Human Rights Tribunal
473 Albert Street, 9th floor
(Conference Room 9-46)
9:00 A.M.

Wednesday, November 22
Toronto
Ontario Highway Transport Board
151 Bloor St. West, 10th floor
2:00 P.M.

Thursday, November 23
London
London City Hall - Meeting Rm.#3
300 Dufferin Avenue
10:30 A.M.

Tuesday, November 28
Sudbury
Sudbury City Hall -
Meeting Room C-13B
200 Brady St.
10:00 A.M.

Wednesday, November 29
Thunder Bay
Ministry Of Transportation
615S James St. - Meeting Rm. #2A
10:00 A.M.

The Board will also receive written submissions mailed to their office. Following receipt of the information and submissions, the Board will make the new Practice and Procedure and the data bank available on a soon to be implemented Board web-site which will also incorporate the Board’s forms, enabling legislation, current and new Practices and Procedures. Copies of the “All Call Rule” data will also be available in printed form.

Felix D’Mello
Board Secretary
Ontario Highway Transport Board
151 Bloor St. West, 10th floor, Toronto, ON M5S 2T5
Phone: (416) 326-6732 Fax: (416) 326-6738

Notice

Periodically, temporary applications are filed with the Board. Details of these applications can be made available at anytime to any interested parties by calling (416) 326-6732.

The following are applications for extra-provincial and public vehicle operating licenses filed under the Motor Vehicle Transport Act, 1987, and the Public Vehicles Act. All information pertaining to the applicant i.e. business plan, supporting evidence, etc. is on file at the Board and is available upon request.

Any interested person who has an economic interest in the outcome of these applications may serve and file an objection within 29 days of this publication. The objector shall:

  1. complete a Notice of Objection Form,
  2. serve the applicant with the objection,
  3. file a copy of the objection and provide proof of service of the objection on the applicant with the Board,
  4. pay the appropriate fee.

Serving and filing an objection may be effected by hand delivery, mail, courier or facsimile. Serving means the date received by a party and filing means the date received by the Board.

Denny Bus Lines Ltd. 32250-A6
R. R. #2, Acton, ON L7J 2L8

Applies for an amendment to extra-provincial operating licence X- 661(T)1 as follows:
Delete

Provided Further That this licence is temporary and shall expire on January 13, 2001. At that time, this licence may be made permanent under two conditions:

  1. an application to make the licence permanent is made to the Board by Denny; and
  2. an audit will be conducted, at Denny’s expense, on behalf of the Board to ensure that Denny has complied with the Public Vehicles Act and the Motor Vehicle Transport Act. If the audit discloses any violations of the Public Vehicles Act or the Motor Vehicle Transport Act, this licence may be suspended for a further period or cancelled.

32250-A7

Applies for an amendment to public vehicle operating licences: Pv- 1865(T)1, PV-2401(T)1, PV-2855(T)I, PV-3221(T)1 and PV-3950(T)1 as follows:
Delete

Provided Further That these licences are temporary and shall expire on January 13, 2001. At that time, these licences may be made permanent under two conditions:

  1. an application to make the licences permanent is made to the Board by Denny; and
  2. an audit will be conducted, at Denny’s expense, on behalf of the Board to ensure that Denny has complied with the Public Vehicles Act and the Motor Vehicle Transport Act. If the audit discloses any violations of the Public Vehicles Act or the Motor Vehicle Transport Act, these licences may be suspended for a further period or cancelled.

Felix D’Mello
Board Secretary