Let’s start by reviewing what an Operator of a commercial motor vehicle is responsible for; such things as the conduct of the individual driver, the mechanical safety and condition of the commercial vehicle, the shipping of goods, and the safety of any passengers. Additionally, the Operator is responsible for the load security, maintenance records and inspection reports…and that’s just the short list.
Commercial drivers and operators alike are all monitored through the Commercial Vehicle Operator′s Registration System (CVOR), an automated monitoring system that tracks the on-road safety performance of all commercial vehicle operators. Tracking such things as the carrier’s information and most importantly safety ratings and violation rates. These safety ratings and violation rates are what can ultimately lead to traffic tickets, audits and sanctions by the MTO.
Now, traffic tickets. These tickets can be issued as a result of an accident, moving violations, inspections and facility audits. Issued by an MTO Officer, OPP Officer or a local Law Enforcement Agency, the tickets can be issued to the commercial driver or the operator…and in some situations BOTH. Regardless of who is issued the ticket, it will impact both the driver and the company.
CVOR convictions and/or CVOR points, lower a driver’s safety rating, which can in turn affect licensing fees with the Ministry of Transportation.
CVOR convictions will additionally have an affect on your insurance rates and employment as a driver, remaining on your driving record for 3 years. You are then deemed a “high-risk driver”. Most commercial companies will avoid hiring someone with existing CVOR convictions or terminate existing employees who become “high-risk” due to the increased risk and financial cost in insurance.
Below is a listing of charges that a commercial vehicle driver and/or company may get: (this is not a comprehensive list, but the most commonly seen by our Firm)
– Higher insurance rates.
– Ministry interventions and sanctions.
– Drive Commercial Motor Vehicle with a Major Defect
– Detached Wheel – Commercial Motor Vehicle
– Drive Commercial Motor Vehicle – Part Detached
– Enter Inaccurate or False Information in Daily Log
– Fail to Display Device
– Fail to Stop Commercial Vehicle for Examination
– Fail to Assist in Examination of Commercial Vehicle
– Operate Unsafe Commercial Motor Vehicle
– Permit Operation of Unsafe Commercial Motor Vehicle
– Push Road Stroke Exceeds Prescribed Limit Commercial Motor Vehicle
– Drive After 16 Hours without 8 Hours Off
– Fail to Ensure Performance Standards are Met
– Fail to Keep Proper Daily Log
– Fail to Surrender Daily Log
– Overweight Commercial Vehicle
– Insecure Load
– Commercial Vehicle Follow Too Closely Based on all the issues that a ticket can create, we strongly suggest never paying before speaking with a legal professional. When you simply pay the fine the conviction is applied to your record, at which point it becomes near impossible to fight. We have many years of experience challenging commercial vehicle charges for both drivers and companies. Call us for a free consultation, we can help!