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COMMERCIAL AND PROFESSIONAL DRIVERS IN ONTARIO

Commercial motor vehicle (CMV) drivers, such as transport truck drivers, are held to a higher standard than other drivers on Ontario’s roadways. Commercial motor vehicles are significantly larger and heavier than other vehicles and can carry very heavy cargo including dangerous goods. Carelessly driving a CMV can lead to much more severe consequences than a regular vehicle. When a CMV driver is charged with an offence by the police, the repercussions can be much more serious compared to them having been charged in a regular vehicle. The basic penalties would still apply for court penalties, demerit points, licence suspensions, imprisonment, and impact to insurance costs. However, CMV drivers also face the impact to potentially losing their current employment and difficulty in obtaining new employment. The fines for CMV offences can also much higher, easily ranging in the tens of thousands or hundreds of thousands of dollars. A conviction against the driver can also lead to a conviction against their employer’s CVOR history causing increases to the company’s insurance rates and bringing them into conflict with the Ministry of Transportation. It is not uncommon to see both the driver and their company charged for the same incident with separate offences. This can lead to the company receiving records of conviction against their CVOR for all charges issued. A general overview of offences and their CVOR point penalties are as follows (please note that CVOR point penalties can change at any time, contact our office directly for the most up-to-date information):
CVOR POINT LISTING
Offence Contrary To CVOR Points
Operate Commercial Motor Vehicle – No Valid CVOR Certificate HTA s.16(2) 1
Fail To Carry Fleet Limitation Certificate HTA s.16(3) 3
Fail To Carry CVOR Certificate HTA s.16(3)(a) 1
Fail To Carry Vehicle Lease HTA s.16(3)(b) 3
Provide Fictitious, Altered, Or Fraudulently Obtained CVOR Certificate HTA s.21(4) 5
Operate Commercial Motor Vehicle – Improper Insurance HTA s.23(1) 5
Inadequate Cargo Insurance HTA s.23.1 5
Drive Commercial Motor Vehicle – No Licence HTA s.32(1) 3
Drive Commercial Motor Vehicle With Air Brakes – No Endorsement HTA s.32(3) 3
Driver Fail To Surrender Licence HTA s.33(1) 3
Use Other Person’s Licence HTA s.35(1)(d) 5
Possess More Than One Licence HTA s.35(1)(e) 5
Driving Under Licence Of Other Jurisdiction While Suspended In Ontario HTA s.36 5
Permit Person Under 16 To Drive HTA s.37(2) 5
Driving While Under Suspension HTA s.53(1) 5
Drive Without Proper Headlights – Commercial Motor Vehicle HTA s.62.1 1
Drive Motor Vehicle With Speed Measuring Warning Device HTA s.79(2) 5
Operate Unsafe Vehicle – Commercial Motor Vehicle HTA s.84 5
Operate Vehicle – Fail To Display Device HTA s.85(1) 3
Drive With Seat Belt Removed HTA s.106(1) 1
Drive – Fail To Properly Wear Seatbelt HTA s.106(2) 1
Fail To Ensure That Performance Standards Are Met HTA s.107(3) 2
Fail To Accurately Complete Daily Inspection Report HTA s.107(5) 2
Fail To Carry Completed Daily Inspection Report HTA s.107(6) 1
Fail To Surrender Completed Daily Inspection Report HTA s.107(7) 3
Fail To Enter Defect In Daily Inspection Report HTA s.107(8)(a) 2
Fail To Report Defect To Operator HTA s.107(8)(b) 3
Overwidth Vehicle HTA s.109(1) 3
Overwidth Load HTA s.109(2) 3
Overlength Vehicle HTA s.109(6) 3
Overlength Load HTA s.109(6.2) 3
Overlength Combination Of Vehicles HTA s.109(7) 3
Overheight Vehicle HTA s.109(14) 3
Fail To Carry Permit In Vehicle HTA s.110(6) 3
Overweight Vehicle – Violate Permit HTA s.110(7) 3
Fail To Mark Overhanging Load – Commercial Motor Vehicle HTA s.111(1) 3
Insecure Load – Commercial Motor Vehicle HTA s.111(2) 3
Speeding 1 to 10 km/h Over The Posted Speed Limit HTA s.128 2
Speeding 11 to 20 km/h Over The Posted Speed Limit HTA s.128 3
Speeding 21 km/h Or More Over The Posted Speed Limit HTA s.128 5
Careless Driving HTA s.130 5
Unnecessary Slow Driving HAT s.132 1
Disobey Stop Sign HTA s.136(1)(a) 3
Fail To Yield To Traffic HTA s.136(1)(b) 5
Fail To Yield – Yield Sign HTA s.138(1) 5
Disobey Officer Directing Traffic HTA s.134(1) 3
Drive On Closed Highway HTA s.134(3) 1
Fail To Yield From Private Road HTA s.139(1) 5
Amber Light – Fail To Stop HTA s.144(15) 3
Red Light – Fail To Stop HTA s.144(18) 5
Pass – Roadway Not Clear – Approaching Traffic HTA s.148(8)(a) 5
Pass – Roadway Not Clear – Overtaking Traffic HTA s.148(8)(b) 5
Fail To Drive In Marked Lane HTA s.154(1)(a) 5
Improper Use Of High Occupancy Vehicle Lanes HTA s.154.1(3) 5
Drive Wrong Way – Divided Highway HTA s.156(1)(a) 5
Follow Too Closely HTA s.158(1) 5
Fail To Stop On Right For Emergency Vehicle HTA s.159(1)(a) 3
Fail To Move Into Another Lane For Emergency Vehicle If Safe To Do So HTA s.159(3) 3
Follow Fire Department Too Closely HTA s.159(4) 5
Permit Attachment To Vehicle HTA s.160 2
Disobey Crossing Gate HTA s.164 5
Open Vehicle Door Improperly HTA s.165(a) 2
Fail To Use Lower Beam HTA s.168 1
Fail To Stop For School Bus – Meeting HTA s.175(11) 5
Fail To Stop For School Bus – Overtaking HTA s.175(12) 5
Drive While Crowded HTA s.162 2
Race Motor Vehicle / Stunt Driving HTA s.172(1) 5
Fail To Stop At A Railway HTA s.174 3
Fail To Obey School Crossing Stop Sign HTA s.176(3) 5
Deposit Snow Or Ice On Roadway HTA s.181 1
Disobey Sign HTA s.182(2) 2
Draw Occupied Trailer HTA s.188 3
Fail To Maintain/Carry Daily Log HTA s.190(3) 2
Fail To Surrender Daily Log HTA s.190(4) 3
Driver In Possession Of More Than One Daily Log HTA s.190(5) 5
Permit Person To Drive Commercial Motor Vehicle Not In Accordance With Regulations HTA s.190(6) 3
Fail To Produce Proof of Exemption HTA s.191(7) 3
Fail To Report Accident HTA s.199(1) 3
Failing To Remain At The Scene Of An Accident HTA s.200(1)(a) 5
Fail To Stop Commercial Vehicle For Inspection HTA s.216.1(2) 5
Exceed 13 Hours Driving In A Day O.Reg 555/06 s.5(1) 3
Drive After 14 Hours On Duty In A Day O.Reg 555/06 s.5(2) 3
Fail To Take 10 Hours Off In A Day O.Reg 555/06 s.6(1) 3
Exceed 13 Hours Driving Without 8 Hours Off O.Reg 555/06 s.9(1) 3
Drive After 14 Hours On Duty Without 8 Hours Off O.Reg 555/06 s.9(2) 3
Drive After 16 Hours Since Last Break Without 8 Hours Off O.Reg 555/06 s.9(3) 3
Drive Without 24 Hours Off In The Previous 14 Days O.Reg 555/06 s.13(1) 3
Drive After 70 Hours On Duty O.Reg 555/06 s.13(2) 3
Drive After 120 Hours On Duty O.Reg 555/06 s.13(3) 3
Drive After 70 Hours On Duty Without 24 Hours Off O.Reg 555/06 s.13(4) 3
Fail To Keep Proper Daily Log O.Reg 555/06 s.17(1) 2
Fail To Require Driver To Keep Daily Log O.Reg 555/06 s.17(2) 2
Fail To Surrender Daily Log O.Reg 555/06 s.23(2) 3
Fail To Forward Daily Log To Operator O.Reg 555/06 s.24(1) 3
Enter Inaccurate Or False Information In Daily Log O.Reg 555/06 s.27(1) 5
Fail To Monitor Driver’s Compliance O.Reg 555/06 s.28(1) 3