Highway Traffic Act
Code de la route
ONTARIO REGULATION 424/97
COMMERCIAL MOTOR VEHICLE OPERATORS’ INFORMATION
Historical version for the period November 10, 2008 to November 30, 2008.
Last amendment: O. Reg. 397/08.
This Regulation is made in English only.
PART I
CVOR CERTIFICATES
1. (1) In this Regulation,
“audit” means an inspection of the records pertaining to the transportation enterprise of an operator and an assessment of the operator’s safety performance and practices;
“auditor” means,
(a) an officer appointed for the purpose of carrying out the provisions of the Act,
(b) a person engaged as an auditor by an organization recognized by the Registrar, or
(c) a person recognized as an auditor by another jurisdiction who, in the Registrar’s opinion, performs audits similar to those performed in Ontario in an acceptable form and manner;
“commercial motor vehicle”, “CVOR certificate” and “operator” have the same meanings as in subsection 16 (1) of the Act. O. Reg. 424/97, s. 1 (1); O. Reg. 197/99, s. 3.
Note: On December 1, 2008, subsection (1) is amended by adding the following definition:
“fleet” means all the commercial motor vehicles operated in Ontario by the holder of a CVOR certificate for which number plates have been issued by Ontario or by a state of the United States of America.
See: O. Reg. 397/08, ss. 1 (1), 7.
(2) In this Regulation and for the purpose of subsection 18 (2) of the Act,
“fleet size” means the total number of commercial motor vehicles operated in Ontario in a specified period by a holder of a CVOR certificate, reduced by the percentage of the total distance travelled by those commercial motor vehicles in that period that was outside Ontario. O. Reg. 424/97, s. 1 (2).
Note: On December 1, 2008, the definition of “fleet size” is revoked and the following substituted:
“fleet size” means the total number of commercial motor vehicles operated in Ontario by the holder of a CVOR certificate for which number plates have been issued by Ontario or by a state of the United States of America.
See: O. Reg. 397/08, ss. 1 (2), 7.
1.1 (1) A commercial motor vehicle for which number plates have been issued by another Canadian jurisdiction is exempt from the requirements of section 16 of the Act if,
(a) it is operated under the authority of a valid safety fitness certificate, within the meaning of the Motor Vehicle Transport Act (Canada), issued by the other jurisdiction; or
(b) it is required by the Motor Vehicle Transport Act (Canada) or the laws of the other jurisdiction to have a safety fitness certificate issued by the other jurisdiction. O. Reg. 640/05, s. 1; O. Reg. 247/07, s. 1.
(2) It is a condition of the exemption in clause (1) (a) that the driver of the commercial motor vehicle surrender the safety fitness certificate referred to in that subsection, or a copy of it, and, if the vehicle is leased, the lease or a copy of it, on the demand of a police officer. O. Reg. 640/05, s. 1.
(3) If the commercial motor vehicle has been issued number plates from a jurisdiction that does not issue safety fitness certificate documentation, the driver of the commercial vehicle may provide the police officer with the safety fitness certificate number and sufficient information to check its validity instead of surrendering the safety fitness certificate as required by subsection (2). O. Reg. 640/05, s. 1.
(4) The lease referred to in subsection (2) must identify the leased vehicle, the parties to the lease and their addresses, the operator of the vehicle and the operator’s safety fitness certificate number. O. Reg. 640/05, s. 1.
1.2 (1) A pick-up truck is exempt from the requirements of section 16 of the Act if,
(a) it is being used for personal purposes without compensation; and
(b) it is not carrying, or towing a trailer that is carrying, commercial cargo or tools or equipment of a type normally used for commercial purposes. O. Reg. 247/07, s. 2.
(2) In this section,
“pick-up truck” means a commercial motor vehicle that,
(a) has a manufacturer’s gross vehicle weight rating of 6,000 kilograms or less, and
(b) is fitted with either,
(i) the original box that was installed by the manufacturer, which has not been modified, or
(ii) a replacement box that duplicates the one that was installed by the manufacturer, which has not been modified. O. Reg. 247/07, s. 2.
2. An application for a CVOR certificate shall be in a form provided by the Minister. O. Reg. 424/97, s. 2.
Note: On December 1, 2008, section 2 is revoked and the following substituted:
2. (1) Subject to subsection (2), a CVOR certificate that is issued on or after December 1, 2008 expires,
(a) on the second anniversary of the date of its issue if it is issued before December 1, 2009;
(b) on the first anniversary of the date of its issue if it is issued on or after December 1, 2009. O. Reg. 397/08, s. 2.
(2) A CVOR certificate that is issued on or after December 1, 2008 subject to terms and conditions expires on a date assigned by the Registrar, which must be between six months and 24 months after the date of its issue. O. Reg. 397/08, s. 2.
2.1 (1) Subject to subsections (2) and (3), a renewed CVOR certificate expires on the next anniversary of the CVOR certificate’s expiry date. O. Reg. 397/08, s. 2.
(2) If a CVOR certificate to which the Registrar assigned an expiry date under subsection 17 (5.1) of the Act is renewed, the expiry date of the renewed CVOR certificate is,
(a) the second anniversary of the CVOR certificate’s expiry date, if the expiry date was assigned before December 1, 2009;
(b) the first anniversary of the CVOR certificate’s expiry date, if the expiry date was assigned on or after December 1, 2009. O. Reg. 397/08, s. 2.
(3) If, at the time a CVOR certificate is renewed, the operator’s safety rating is Excellent or Satisfactory, or if the Registrar has sent a notice under subsection 17.1 (2) of the Act proposing a safety rating of Excellent or Satisfactory, the renewed CVOR certificate expires on the second anniversary of the CVOR certificate’s expiry date. O. Reg. 397/08, s. 2.
(4) Subsection (3) does not apply if the application for renewal is completed after the expiry of the CVOR certificate. O. Reg. 397/08, s. 2.
See: O. Reg. 397/08, ss. 2, 7.
3. The Registrar may issue a CVOR certificate subject to an expiry date. O. Reg. 424/97, s. 3.
Note: On December 1, 2008, section 3 is revoked and the following substituted:
3. (1) Notice of an expiry date assigned under subsection 17 (5.1) of the Act and notice of a proposed revocation of a CVOR certificate under subsection 17.0.1 (2) of the Act may be served on the operator at the most recent address or fax number for the operator in the Ministry’s records,
(a) personally;
(b) by regular mail; or
(c) by fax. O. Reg. 397/08, s. 2.
(2) The notice shall be deemed to have been served on the operator,
(a) on the day it was personally served;
(b) on the fifth day after it was mailed;
(c) on the day it was sent by fax, if sent before 5 p.m.;
(d) on the day after it was sent by fax, if sent at or after 5 p.m. O. Reg. 397/08, s. 2.
(3) If the day described in clause (2) (b), (c) or (d) is a holiday, the notice shall be deemed to have been served on the next day that is not a holiday. O. Reg. 397/08, s. 2.
See: O. Reg. 397/08, ss. 2, 7.
3.1 It is a term of every CVOR certificate that it is a safety fitness certificate for the purpose of the Motor Vehicle Transport Act (Canada). O. Reg. 640/05, s. 1.
4. The following fees shall be paid to the Ministry for:
1. |
An uncertified copy of an operator’s CVOR record |
$5.00 |
2. |
A certified copy of an operator’s CVOR record |
10.00 |
O. Reg. 424/97, s. 4.
5. (1) The safety record of an operator shall contain a record of the following information:
1. Any suspension or cancellation of the plate portion of the permit under clause 47 (1) (a) of the Act.
2. Any suspension or cancellation of the operator’s CVOR certificate under clause 47 (1) (c) of the Act.
3. Any restriction imposed under subsection 47 (2) of the Act on the number of commercial motor vehicles that may be operated by the operator.
4. Any order under subsections 47 (8.1) or (10) of the Act for the seizure of the plate portion of permits, permits or number plates.
5. Any notice sent to the operator under section 47.1 of the Act.
6. Any warning letters sent by, or interviews held with, Ministry officials relating to the operator’s safety performance and practices.
7. Any conviction related to the operation of a commercial motor vehicle or a vehicle drawn by it, for an offence committed by an operator, its agents or employees,
i. under this Act or under any other Act of the Legislature or the Parliament of Canada or any regulation or order made under any of them, or
ii. for an offence under a municipal by-law regulating traffic on the highways, or orders made under any of them, except convictions for offences for standing or parking.
8. The particulars of any accident involving a commercial motor vehicle operated by the operator or a vehicle drawn by it.
9. The results of any inspection under section 82 or 82.1 of the Act or any similar inspection of a commercial motor vehicle operated by the operator, or a vehicle drawn by it.
10. The results of any investigation or inspection of the records of the operator,
i. under the Act, the Compulsory Automobile Insurance Act, the Dangerous Goods Transportation Act, the Public Vehicles Act, the Truck Transportation Act, the Fuel Tax Act, the Trades Qualifications and Apprenticeship Act, the Motor Vehicle Transport Act (Canada), or
Note: On December 1, 2008, subparagraph i is amended by striking out “the Trades Qualifications and Apprenticeship Act” and substituting “the Apprenticeship and Certification Act, 1998”. See: O. Reg. 397/08, ss. 3 (1), 7.
ii. under any other Act of the Legislature or the Parliament of Canada or any regulation or order made under any of them if, in the Registrar’s opinion, the results of the investigation or inspection contain information described in paragraphs 14, 15 or 16, or relate to the safe operation of its commercial motor vehicles or vehicles drawn by them.
11. Any safety rating that has been assigned to the operator.
12. The results of any audits of the operator.
13. Any record from another jurisdiction in respect of the operator that is comparable to that described in any of paragraphs 1 to 12.
14. The operator’s fleet size.
15. The total number of kilometres travelled in the previous 12 months by all the commercial motor vehicles operated by the operator in Ontario.
Note: On December 1, 2008, paragraph 15 is revoked and the following substituted:
15. The total kilometres travelled by the fleet operated by the operator in each of,
i. Ontario,
ii. Canada outside Ontario, and
iii. outside Canada.
See: O. Reg. 397/08, ss. 3 (2), 7.
16. The total kilometres travelled in Ontario in the previous 12 months by all the commercial motor vehicles operated by the operator.
Note: On December 1, 2008, paragraph 16 is revoked and the following substituted:
16. The total kilometres of projected travel by the fleet operated by the operator, as reported by the operator at any time, in each of,
i. Ontario,
ii. Canada outside Ontario, and
iii. outside Canada.
See: O. Reg. 397/08, ss. 3 (2), 7.
17. Any compilations or analyses of any of the information in paragraphs 1 to 16. O. Reg. 197/99, s. 4.
(2) The following do not form part of a safety record:
1. A record that is not in the possession of the Registrar.
2. A record originating outside of Ontario that, in the Registrar’s opinion, is unreasonably difficult to refer to (because of its form or medium of storage, or for any other reason).
3. A record described in paragraphs 1 to 7 of subsection (1) if, in the Registrar’s opinion, the record does not relate to the safe operation of the operator’s commercial motor vehicles, or vehicles drawn by them. O. Reg. 197/99, s. 4.
6. (1) Every holder of a CVOR certificate shall notify the Registrar of the holder’s fleet size for the previous 12 months,
(a) within 15 days of the day the holder’s fleet size is 20 per cent greater or less than it was when the fleet size was last reported to the Registrar;
(b) within 15 days of receiving a request from the Registrar for the information. O. Reg. 424/97, s. 6 (1).
(2) The holder of a CVOR certificate shall, upon request, give the Registrar documentation to support the holder’s fleet size determination. O. Reg. 424/97, s. 6 (2).
Note: On December 1, 2008, section 6 is revoked and the following substituted:
6. Every holder of a CVOR certificate shall notify the Registrar of the holder’s fleet size for the previous 12 months within 15 days after the day the holder’s fleet size is 20 per cent greater or less than it was when the fleet size was last reported to the Registrar. O. Reg. 397/08, s. 4.
See: O. Reg. 397/08, ss. 4, 7.
7. (1) Every holder of a CVOR certificate shall, within 15 days of receiving a request from the Registrar, notify the Registrar of the total number of kilometres travelled by all the commercial motor vehicles operated by the holder in Ontario in the previous 12 months. O. Reg. 424/97, s. 7 (1).
(2) Every holder of a CVOR certificate shall, within 15 days of receiving a request from the Registrar, notify the Registrar of the total number of kilometres travelled in Ontario by all the commercial motor vehicles operated by the holder in the previous 12 months. O. Reg. 424/97, s. 7 (2).
(3) The holder of a CVOR certificate shall, upon request, give the Registrar documentation to support the holder’s determination of the number of kilometres travelled under subsection (1) or (2). O. Reg. 424/97, s. 7 (3).
Note: On December 1, 2008, section 7 is revoked and the following substituted:
7. (1) The Registrar may at any time request that a holder of a CVOR certificate provide any or all of the following information or records to the Registrar:
1. The holder’s fleet size.
2. The number of buses, trucks or other types or classes of commercial motor vehicles, as specified by the Registrar, in the holder’s fleet.
3. The total kilometres travelled by the holder’s fleet in the period specified by the Registrar.
4. The total kilometres of projected travel by the holder’s fleet in the period specified by the Registrar.
5. Any change in the information provided by the operator in the operator’s application for a CVOR certificate or pursuant to a previous request under this section.
6. Documentation to support the information provided by the operator under section 6 or under this section. O. Reg. 397/08, s. 4.
(2) A request from the Registrar under subsection (1) shall be made in writing and shall be sent to the holder of the CVOR certificate by mail, courier or fax at the holder’s most recent address or fax number in the Ministry’s records. O. Reg. 397/08, s. 4.
(3) Upon receipt of a request made under subsection (1), a holder of a CVOR certificate shall provide the requested information or records within the time or by the date specified by the Registrar, which may not be less than 15 days after the date of the request. O. Reg. 397/08, s. 4.
(4) Compliance with subsection (3) is a condition of retaining a CVOR certificate. O. Reg. 397/08, s. 4.
See: O. Reg. 397/08, ss. 4, 7.
PART II
SAFETY RATINGS
8. This Part applies to the assignment of safety ratings under section 17.1 of the Act. O. Reg. 197/99, s. 5.
9. In this Part, the date on which an audit is completed is the most recent date on which an auditor has completed the audit report or an amendment to it. O. Reg. 197/99, s. 5.
10. (1) The Registrar shall assign to an operator one of the following safety ratings, as determined in this Part:
1. Excellent.
2. Satisfactory.
3. Satisfactory Unaudited.
4. Conditional.
5. Unsatisfactory. O. Reg. 197/99, s. 5.
(2) A safety rating set out in a paragraph of subsection (1) is a higher rating than a rating set out in a later paragraph. O. Reg. 197/99, s. 5.
10.1 (1) The Registrar shall recognize the safety rating for an operator issued by another province or territory of Canada instead of assigning a safety rating under this Regulation if the operator is an extra-provincial motor carrier undertaking and the Registrar has not issued number plates for any of its commercial motor vehicles. O. Reg. 640/05, s. 2.
(2) If the Registrar, before January 1, 2006, assigned a safety rating for an operator described in subsection (1), that safety rating is cancelled as of January 1, 2006. O. Reg. 640/05, s. 2.
11. (1) The Registrar may assign an Excellent rating to an operator where, in the Registrar’s opinion, the operator’s safety record shows that the operator’s performance and practices are excellent with respect to the safe operation of its commercial motor vehicles and vehicles drawn by them. O. Reg. 197/99, s. 5.
(2) The Registrar shall not assign an Excellent rating to an operator unless,
(a) the operator’s safety record contains the results of an audit completed after January 1, 1999 and within the preceding 36 months;
(b) the operator,
(i) has held a CVOR certificate for at least 24 months, or
(ii) has satisfied the Registrar that it has been operating in Ontario for at least 24 months and has obtained a CVOR certificate, if no CVOR certificate was required; and
(c) the operator has had a satisfactory rating for at least six months, if the operator’s rating has been reduced from excellent to satisfactory. O. Reg. 197/99, s. 5.
Note: On December 1, 2008, subsection (2) is revoked and the following substituted:
(2) The Registrar shall not assign an Excellent rating to an operator unless,
(a) the operator’s safety record contains the results of an audit completed within the previous 36 months; and
(b) the operator,
(i) has held a CVOR certificate for the previous 24 months, or
(ii) has satisfied the Registrar that the operator has been operating in Ontario for the previous 24 months and has obtained a CVOR certificate. O. Reg. 397/08, s. 5.
(3) The Registrar shall not assign an Excellent rating to an operator whose rating had previously been reduced from Excellent unless,
(a) more than six months have passed since the rating was reduced from Excellent; and
(b) the operator satisfies clauses (2) (a) and (b). O. Reg. 397/08, s. 5.
See: O. Reg. 397/08, ss. 5, 7.
12. (1) The Registrar may assign a Satisfactory rating to an operator where, in the Registrar’s opinion, the operator’s safety record shows that the operator’s performance and practices are satisfactory with respect to the safe operation of its commercial motor vehicles and vehicles drawn by them. O. Reg. 197/99, s. 5.
(2) The Registrar shall not assign a Satisfactory rating to an operator rated Conditional or Satisfactory Unaudited unless,
(a) the operator’s safety record contains the results of an audit completed after January 1, 1999 and within the preceding 36 months; and
(b) the operator,
(i) has held a CVOR certificate for at least six months, or
(ii) has satisfied the Registrar that it has been operating in Ontario for at least six months and has obtained a CVOR certificate, if no CVOR certificate was required. O. Reg. 197/99, s. 5.
Note: On December 1, 2008, subsection (2) is revoked and the following substituted:
(2) The Registrar shall not assign a Satisfactory rating to an operator rated Conditional or Satisfactory Unaudited unless,
(a) the operator’s safety record contains the results of an audit completed within the previous 36 months; and
(b) the operator,
(i) has held a CVOR certificate for the previous six months, or
(ii) has satisfied the Registrar that the operator has been operating in Ontario for the previous six months and has obtained a CVOR certificate. O. Reg. 397/08, s. 6.
See: O. Reg. 397/08, ss. 6, 7.
13. (1) The Registrar may assign a Satisfactory Unaudited rating to an operator if the operator has not been audited and, in the Registrar’s opinion, the operator’s safety record shows that the operator’s performance and practices are satisfactory with respect to the safe operation of its commercial motor vehicles and vehicles drawn by them. O. Reg. 197/99, s. 5.
(2) For the purpose of subsection (1), an operator shall be deemed not to have been audited if,
(a) the operator has a conditional rating;
(b) the most recent audit in the operator’s safety record was completed more than 36 months ago; and
(c) the results of that audit are satisfactory in the Registrar’s opinion. O. Reg. 197/99, s. 5.
14. (1) The Registrar may assign a Conditional rating to an operator where, in the Registrar’s opinion, the operator’s safety record shows that the operator’s performance and practices are less than satisfactory with respect to the safe operation of its commercial motor vehicles and vehicles drawn by them. O. Reg. 197/99, s. 5.
(2) The Registrar shall assign a Conditional rating to an operator when nothing described in paragraph 1, 2 or 3 of subsection 15 (1) which resulted in an Unsatisfactory rating under subsection 15 (1), is any longer in effect. O. Reg. 197/99, s. 5.
(3) The Registrar shall not assign to an operator a higher rating sooner than six months after the Registrar assigns to the operator a Conditional rating. O. Reg. 197/99, s. 5.
15. (1) The Registrar shall assign an Unsatisfactory rating to an operator on the first day when any of the following comes into effect, for reasons which, in the Registrar’s opinion, relate to the safe operation of the operator’s commercial motor vehicles or vehicles drawn by them:
1. The plate portion of the operator’s permit is suspended or cancelled under clause 47 (1) (a) of the Act.
2. The operator’s CVOR certificate is suspended or cancelled under clause 47 (1) (c) of the Act.
3. The time period specified in an order under subsection 47 (10) of the Act during which an operator’s permit or number plate may be seized, is in effect. O. Reg. 197/99, s. 5.
(2) The Registrar shall not assign to an operator a rating higher than Unsatisfactory while anything described in paragraph 1, 2 or 3 of subsection (1) is in effect. O. Reg. 197/99, s. 5.
15.1 (1) The Registrar may assign an Unsatisfactory rating to an operator if the Registrar has reason to believe that the operator does not have the minimum liability insurance coverage required by law in respect of bodily injury, death or loss or damage to property of other persons, other than cargo. O. Reg. 640/05, s. 2.
(2) Failure by the operator to promptly and adequately respond to a request by the Registrar that the operator prove that it has the required insurance is sufficient reason for the Registrar to believe that the operator does not have the required insurance for the purpose of subsection (1). O. Reg. 640/05, s. 2.
(3) After assigning an Unsatisfactory rating to an operator, the Registrar shall not assign a different rating to the operator unless the operator proves to the Registrar that it does have the required insurance. O. Reg. 640/05, s. 2.
(4) If, after being assigned an Unsatisfactory rating under this section, the operator proves to the Registrar that it has the required insurance, the Registrar may assign a higher rating to the operator immediately after the assignment of an Unsatisfactory rating under this section. O. Reg. 640/05, s. 2.
(5) If the Registrar assigns a Conditional rating to an operator immediately after assigning the operator an Unsatisfactory rating under this section, the Registrar may, despite subsection 14 (3), assign a new rating to replace the Conditional rating at any time that the Registrar considers appropriate. O. Reg. 640/05, s. 2.
(6) In this section,
“required insurance” means the minimum liability insurance coverage required by law in respect of bodily injury, death or loss or damage to property of other persons, other than cargo. O. Reg. 640/05, s. 2.
16. (1) In assigning a safety rating, the Registrar shall have regard to the operator’s safety record. O. Reg. 197/99, s. 5.
(2) In assigning a safety rating, the Registrar,
(a) may have regard to the safety record of a person related to the operator;
(b) need not consider audit results from an audit completed less than six months after the date on which a previous audit was completed; and
(c) need not consider audit results where he or she is of the view that the records audited do not adequately reflect the operator’s safety performance and practices in Ontario. O. Reg. 197/99, s. 5.
(3) Subsection 17 (4) of the Act applies, with necessary modifications, for the purpose of determining who are related persons under clause (2) (a). O. Reg. 197/99, s. 5.
