O. Reg. 640/05: COMMERCIAL MOTOR VEHICLE OPERATORS' INFORMATION

 

ontario regulation 640/05

made under the

highway traffic act

Made: December 7, 2005
Filed: December 9, 2005
Published on e-Laws: December 12, 2005
Printed in The Ontario Gazette: December 24, 2005

Amending O. Reg. 424/97

(Commercial Motor Vehicle Operators’ Information)

1. Part I of Ontario Regulation 424/97 is amended by adding the following sections:

1.1 (1) A commercial motor vehicle for which number plates have been issued by another Canadian jurisdiction is exempt from 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.

(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.

(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). 

(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.

. . . . .

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).

2. Part II of the Regulation is amended by adding the following sections:

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.

(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. 

. . . . .

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.

(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).

(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.

(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.

(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.

(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.

3. This Regulation comes into force on the later of January 1, 2006 and the day this Regulation is filed.