O. Reg. 714/21: PROCEEDINGS COMMENCED BY CERTIFICATE OF OFFENCE
filed October 21, 2021 under Provincial Offences Act, R.S.O. 1990, c. P.33
Skip to contentontario regulation 714/21
made under the
Provincial Offences Act
Made: October 21, 2021
Filed: October 21, 2021
Published on e-Laws: October 22, 2021
Printed in The Ontario Gazette: November 6, 2021
Amending Reg. 950 of R.R.O. 1990
(PROCEEDINGS COMMENCED BY CERTIFICATE OF OFFENCE)
1. Schedule 51 to Regulation 950 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:
Schedule 51
Ontario Regulation 555/06 under the Highway Traffic Act
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Column 1 |
Column 2 |
Column 3 |
|
1. |
Fail to notify driver of designated start of day |
subsection 4 (1) |
|
2. |
Exceed 13 hours driving time in a day |
subsection 5 (1) |
|
3. |
Drive after 14 hours on duty in a day |
subsection 5 (2) |
|
4. |
Fail to take 10 hours off in a day |
subsection 6 (1) |
|
5. |
Exceed 13 hours driving time without 8 hours off |
subsection 9 (1) |
|
6. |
Drive after 14 hours on duty without 8 hours off |
subsection 9 (2) |
|
7. |
Drive after 16 hours since last break without 8 hours off |
subsection 9 (3) |
|
8. |
Fail to properly record breaks when travelling by ferry |
subsection 10 (3) |
|
9. |
Fail to retain receipts when travelling by ferry |
subsection 10 (3) |
|
10. |
Fail to designate driver’s cycle |
subsection 12 (1) |
|
11. |
Fail to follow designated cycle |
subsection 12 (2) |
|
12. |
Improperly change driver’s cycle |
subsection 12 (3) |
|
13. |
Drive without 24 hours off in previous 14 days |
subsection 13 (1) |
|
14. |
Drive after 70 hours on duty |
subsection 13 (2) |
|
15. |
Drive after 120 hours on duty |
subsection 13 (3) |
|
16. |
Drive after 70 hours on duty without 24 hours off |
subsection 13 (4) |
|
17. |
Fail to record reasons for time increases in record of duty status |
subsection 15 (3) |
|
18. |
Fail to record reasons for time increases in operator’s record |
subsection 15 (3) |
|
19. |
Use time other than local time in record of duty status |
section 16 |
|
20. |
Use time other than local time in operator’s records |
section 16 |
|
21. |
Fail to keep record of duty status |
subsection 17 (1) |
|
22. |
Fail to require driver to keep record of duty status |
subsection 17 (2) |
|
23. |
Fail to equip commercial motor vehicle with ELD as required |
subsection 18 (1) |
|
24. |
Drive commercial motor vehicle with no ELD |
subsection 18 (2) |
|
25. |
Fail to properly record duty status changes |
clause 18 (3) (a) |
|
26. |
Fail to manually input information into ELD |
clause 18 (3) (b) |
|
27. |
Fail to verify information in ELD |
clause 18 (3) (b) |
|
28. |
Use more than one ELD |
subsection 18 (7) |
|
29. |
Request, require or allow driver not to comply with section 18 |
subsection 18 (8) |
|
30. |
Fail to ensure ELD configured to indicate yard moves |
subsection 18 (9) |
|
31. |
Fail to maintain required system of ELD accounts |
subsection 18 (10) |
|
32. |
Fail to equip commercial motor vehicle with required ELD information packet |
subsection 18 (11) |
|
33. |
Fail to ensure ELD in good working order, properly calibrated and maintained |
subsection 19 (1) |
|
34. |
Fail to notify operator that ELD displaying malfunction code |
subsection 19 (2) |
|
35. |
Fail to record malfunction code information |
subsection 19 (3) |
|
36. |
Fail to continue to record malfunction code until ELD repaired or replaced |
subsection 19 (4) |
|
37. |
Fail to repair or replace ELD within required time |
subsection 19 (5) |
|
38. |
Fail to maintain required register of malfunctions for ELDs |
subsection 19 (6) |
|
39. |
Fail to retain register of ELD malfunctions for six months |
subsection 19 (7) |
|
40. |
Fail to certify accuracy of record of duty status |
subsection 20 (1) |
|
41. |
Fail to verify accuracy of certified records of duty status |
clause 20 (2) (a) |
|
42. |
Fail to require driver to make necessary changes to ensure accuracy of certified records of duty status |
clause 20 (2) (b) |
|
43. |
Fail to accept or reject required changes to record of duty status |
clause 20 (3) (a) |
|
44. |
Fail to make necessary changes to records of duty status |
clause 20 (3) (b) |
|
45. |
Fail to recertify accuracy of record of duty status |
clause 20 (3) (c) |
|
46. |
Fail to forward amended records of duty status to operator |
clause 20 (3) (d) |
|
47. |
Fail to require proper record of duty status |
subsection 21 (1) |
|
48. |
Fail to fill out proper record of duty status |
subsection 21 (1) |
|
49. |
Fail to enter required information into record of duty status |
subsection 21 (2) |
|
50. |
Fail to include duty status graph grid in record of duty status |
subsection 21 (3) |
|
51. |
Fail to enter duty status information over the course of each day |
subsection 21 (4) |
|
52. |
Fail to enter required information in record of duty status at end of day |
subsection 21 (6) |
|
53. |
Fail to make entries legible on record of duty status |
clause 22 (1) (a) |
|
54. |
Fail to sign each page of handwritten record of duty status |
clause 22 (1) (b) |
|
55. |
Operator fail to keep record when record of duty status not required |
subsection 23 (3) |
|
56. |
Fail to carry or surrender records of duty status |
subsection 24 (1) |
|
57. |
Fail to carry or surrender supporting documents |
subsection 24 (1) |
|
58. |
Fail to carry or surrender complete ELD packet |
subsection 24 (1) |
|
59. |
Fail to comply with request to surrender electronic record of duty status not made by an ELD |
subsection 24 (4) |
|
60. |
Fail to comply with request to surrender record of duty status made by ELD |
subsection 24 (5) |
|
61. |
Fail to comply with request to surrender electronic supporting documents |
subsection 24 (5) |
|
62. |
Fail to forward supporting documents – ELD used |
clause 25 (1) (a) |
|
63. |
Fail to forward record of duty status and supporting documents – ELD not used |
clause 25 (1) (b) |
|
64. |
Fail to ensure records and documents forwarded within 20 days |
subsection 25 (2) |
|
65. |
Fail to deposit record of duty status and documents within 30 days |
clause 26 (1) (a) |
|
66. |
Fail to keep records and documents for at least six months as required |
clause 26 (1) (b) |
|
67. |
Fail to produce printed document upon request of officer |
subsection 26 (3) |
|
68. |
Fail to transmit document as required by officer |
subsection 26 (3) |
|
69. |
Fail to enter name and address of operator in record of duty status – multiple operators |
clause 27 (1) (a) |
|
70. |
Fail to designate principal operator in record of duty status – multiple operators |
clause 27 (1) (b) |
|
71. |
Enter inaccurate information in record |
subsection 28 (1) |
|
72. |
Falsify, mutilate or deface any record or document |
subsection 28 (1) |
|
73. |
Disable, deactivate or otherwise tamper with ELD |
subsection 28 (2) |
|
74. |
Request, require, or allow non-compliance |
subsection 28 (3) |
|
75. |
Fail to monitor driver’s compliance |
subsection 29 (1) |
|
76. |
Fail to take remedial action against driver |
subsection 29 (2) |
|
77. |
Fail to record non-compliance and remedial action |
subsection 29 (2) |
Commencement
2. This Regulation comes into force on the later of June 12, 2022 and the day it is filed.