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Ontario Commercial Motor Vehicle Drivers

In Ontario, commercial motor vehicle (CMV) drivers are the backbone of our economy.  They deliver raw materials and parts to manufacturers as well as finished goods to retailers.  From Windsor to Ottawa, Highway 401 is full of transport trucks 24 hours a day and 365 days a year.  Unlike regular cars, transport trucks are larger and heavier.  They are slower to speed up and slower to slow down.  They create unique line-of-sight issues for themselves and other drivers.  They could be carrying simple goods and materials, or hazardous materials that could cause serious environmental and health problems should an accident occur.  As such, professional truck drivers and their companies are held to a very high safety standard when it comes to the law surrounding how they drive.

Let’s take a look at commercial motor drivers in Ontario!

In Ontario, What is a Commercial Motor Vehicle?

 According to the MTO, a commercial motor vehicle is a vehicle plated in Ontario, Mexico, or the U.S. such as:

  • trucks with a gross weight or registered gross weight over 4,500 kg
  • buses with a seating capacity of 10 or more passengers
  • tow trucks – regardless of gross weight or registered gross weight

Vehicles plated in other Canadian territories and provinces do not require a CVOR certificate, but do require a safety fitness certificate.

In Ontario, What Vehicles Don’t Need a CVOR Certificate?

In Ontario, the following vehicles are not required to have a CVOR certificate according the the Ministry of Transportation:

  • truck or buses plated in another Canadian province or territory
  • trucks with registered gross weight and gross weight of 4,500 kg or less, whether towing a trailer or not
  • trucks or buses leased by an individual for 30 days or less to move personal goods or to carry passengers at no fare
  • ambulances, fire trucks, hearses, casket wagons
  • unladen trucks or buses operating under the authority of dealer plates or in-transit permits
  • buses used for personal purposes without compensation
  • motor homes used for personal purposes
  • pickup trucks that:

    • have a manufacturer’s gross vehicle weight rating of 6,000 kg (13,227 lb)
    • are being used for personal purposes without compensation
    • are fitted with either the original, unmodified box installed by the manufacturer, or an unmodified replacement box that duplicates the one installed by the manufacturer
    • are not carrying or towing a trailer carrying commercial cargo or tools, or equipment of any type normally used for commercial purposes

How Does a CVOR Work In Ontario?

A CVOR record monitors an operator’s performance over a 2-year period of time for collisions, convictions, and roadside inspection issues including:

  • operator information (e.g. fleet size, kilometres traveled, commodity transported, overall violation rate, Safety Rating)
  • convictions
  • reportable collisions
  • Commercial Vehicle Safety Alliance (CVSA) safety inspections
  • ministry interventions (e.g. letters, interviews, audits and sanctions)

What Are The Consequences of a Bad CVOR History?

The MTO can respond to a bad CVOR history by issuing disciplinary letters, interviews, audits, or sanctions.  A sanction is the most severe consequence and may result in:

  • a fleet limitation
  • plate seizure
  • suspension or cancellation of a operator’s privileges

How Do I Know if a Ticket Will Go On My CVOR?

Professional truck drivers have to be incredibly careful of their driving record.  A conviction can mean being terminated from their current employment as well as not being employable in the industry.  Usually a regular driver only has to worry about what court penalties, licencing problems, and insurance consequences will be involved in a conviction.  A commercial motor vehicle driver however also has to worry about any CVOR points that may be involved.  Those CVOR points could be applied either to the driver or to the driver’s employer depending who the CVOR belongs to.

So, how can you tell if your ticket or summons will also impact the CVOR history?  

While there are variations in how offence notices look, the key thing to look for is a data field that says “CVOR No. – NSC No.”  If the CVOR or NSC number has been included, then a record of conviction and points will be a concern.  If the area is blank, it doesn’t necessarily mean that you are out of the woods yet.  The officer could amend the document before filing it with the court to include the CVOR or NSC number.  Check with one of our paralegals to clarify what you need to be concerned about to help ensure you are making informed decisions.

How Many CVOR Points Does My Offence Have?

If you would like to find out how many CVOR points an offence has, it is best to speak directly with one of our staff to help guide you through the various issues involved including pending court penalties and demerit points.  If you would like a quick overview of some offences and their CVOR points, you can visit our Commercial Motor Vehicle Offences page for a partial listing. 

For instance, did you know that speeding 21 km/h over the posted speed limit carries the highest possible penalty of 5 CVOR points?  That’s the same as a conviction for Careless Driving.

What Should I Do If I’m Charged By The Police?

The first important thing that you need to do is seek out the information you will need to make informed legal decisions.  A rash or uniformed decision can have very serious consequences to anyone in the transportation industry.  OTD Ticket Defenders Legal Services is here to help you.  Put one of our licenced paralegals in the court on your behalf to ensure you are protecting your personal licence and insurance as well your employment.

Our friendly staff are here to assist you with a no-cost, no-obligation initial consultation.  Our office can be reached by toll-free telephone at 1-844-647-6869, by text at 226-240-2480, or by email at info@otdlegal.ca.   You can also submit an online consultation request any time of the day or night and one of our staff will reach out to you during regular business hours to assist you.

Posted under CVOR Points, Demerit Points, Professional Truck Drivers, Traffic Ticket Defence, Uncategorized

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