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 |