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Safety fitness certificate/Commercial vehicle operator’s registration (CVOR)
The Commercial Vehicle Operator’s Registration (CVOR) is the registration system for operators of commercial vehicles (both trucks and buses). The system is part of the Highway Traffic Act that identifies vehicles and allows the Ministry of Transportation Ontario (MTO) to suspend or cancel an operator’s certificate.
The CVOR is an operator’s performance monitoring system applicable to Ontario-based commercial vehicles operating on Ontario highways. The requirements apply to vehicles with a gross weight or registered gross weight of more than 4,500 kilograms, buses designed to carry 10 or more passengers, and tow trucks regardless of weight.
The CVOR requirement also applies to all U.S.-plated or Mexico-plated vehicles operating in Ontario.
The following are not included under the CVOR requirement:
- Trucks or buses plated in another Canadian jurisdiction;
- Ambulances, fire trucks, hearses or casket wagons;
- Buses used for personal purposes without compensation;
- Mobile cranes which do not require a special permit;
- Motor homes;
- Light trucks (with a registered or gross weight of less than 4,501 kilograms);
- Trucks or buses leased by individuals for less than 30 days, for the purpose of moving personal goods or carrying passengers without compensation; or
- Trucks or buses operating with “Dealer” and “Service” permits and plates or “In Transit” permits.
Private and for-hire carriers are treated the same under CVOR, and the use of third parties to supply vehicles or services does not release the operator from its responsibilities.
Under CVOR, each operator is responsible for its driver’s behavior, the operation and condition of its vehicles, and compliance with the requirements of all transportation-related legislation. If an operator accumulates an unsatisfactory number of convictions, accidents, and/or CVSA out-of-service inspections, the operator will be contacted by MTO officials. Failure to improve operations may result in further action by the Ministry, including temporary reduction of fleet size, plate and registration cancellation, seizure or suspension, fines and/or imprisonment.
Requirements
As part of the CVOR application, the operator must provide its Registered Identification Number (RIN), if it has one, file letters patent, Articles of Incorporation, and must report the names of all corporate officers or partners. The operator must also provide details on the types of commodities hauled, total kilometres operated in Canada, total kilometres operated in Ontario only, total kilometres operated in the U.S. and Mexico, and proof of insurance. The application form along with a guide to filling out the application can be found at tinyurl.com/CVORform. The CVOR application carries a $250 fee.
MTO requires an individual, on behalf of the operator, to successfully complete an examination prior to the issuance of the CVOR. The examination will test the individual’s knowledge of the safe operation of commercial motor vehicles and the statutory and regulatory requirements associated with the safe operation of commercial motor vehicles. Individuals allowed to take the examination include the operator (if sole proprietor), an officer of the corporation (if a corporation), or an operator’s employee that has responsibility for the operator’s safety management (if the operator is an unincorporated organization). The examination requirement must be completed within six months after the operator’s application for a CVOR certificate has been accepted by the MTO. To help prepare new CVOR applicants with the examination, the MTO has developed the Commercial Vehicle Operators’ Safety (CVOS) manual, available at http://www.mto.gov.on.ca/english/trucks/commercial-vehicle-operators-safety-manual/index.shtml.
The examination requirement does not apply to operators that are renewing a CVOR certificate, operators that have held a valid CVOR certificate at any time within the previous three years before the new CVOR application was received, or operators with a principal place of business that is not in Ontario.
Once the operator obtains the CVOR certificate, a copy must be kept in each of the operator’s vehicles at all times, along with the vehicle lease (if applicable). A copy of the CVOR certificate should not be placed in non-CVOR vehicles.
CVOR Renewal
CVOR certificates must be renewed annually, which carries a $50 fee.
If, at the time a CVOR is renewed, the operator’s safety rating is “Excellent” or “Satisfactory,” the renewed CVOR certificate expires two years after the date of issue.
Safety ratings
A carrier will be issued one of the following safety ratings:
- Excellent
- Satisfactory
- Satisfactory — Unaudited
- Conditional
- Unsatisfactory
Carrier safety ratings are available to the public. Safety ratings can be used by insurance companies to help determine the carrier’s level of risk, and in turn, cost of insurance for the carrier. Shippers may also view a carrier’s safety rating to determine whether to use the services of a particular carrier; carriers with a poor safety rating may be overlooked due to risk while those with good safety ratings can market themselves as “safe” carriers.
Enforcement
Violations discovered by Ontario police and MTO officers and other enforcement officers during roadside inspections and facility audits will be recorded on the carrier’s CVOR.
Law
Highway Traffic Act, Sections 16–22, 47 and 205, 47.1 and 50
Regulations
Commercial Motor Vehicle Operator’s Certification, 424/97, Amended 640/05
Definitions of Commercial Motor Vehicle and Tow Truck, 419/15, Amended 399/16
Carrier profiles
A carrier’s and a driver’s safety performance are recorded on CVOR “abstracts.” Specifically, there are three types of CVOR abstracts:
| Level 1, Public CVOR Abstract | The public abstract is available to the public and covers the carrier’s safety performance over the past two years. |
| Level 2, Carrier CVOR Abstract | The carrier CVOR abstract, available only to the carrier (or the carrier’s agent), summarizes the past two years’ safety performance. The carrier CVOR abstract also includes more specific information on collisions, inspections, etc., for the previous five years. A carrier’s CVOR abstract consists of the following information:
Also included on the carrier abstract are events occurring throughout Canada, not just those occurring in Ontario. |
| Level 3, CVOR Driver Abstract | The driver abstract includes information specific to the driver’s safety performance while operating a commercial motor vehicle, including but not limited to collisions, inspections, and convictions. General information about the driver’s licence and his/her medical examination due date are also included on the driver abstract. |
Level 1 and Level 2 abstracts contain points assignments for various infractions. Points are assigned to events such as collisions, safety inspections, and convictions. Events involving actions of the driver, such as at-fault collisions or speeding, carry more points than logbook violations or vehicle-related mechanical failures.
Level 1 and Level 2 abstracts also contain three out-of-service (OOS) rates: overall, vehicle, and driver.
For a fee, carriers can obtain copies of their public, carrier, and drivers abstracts at www.cvor.rus.mto.gov.on.ca/scripts/products.asp.
CVOR thresholds
When points are assigned to certain events on the carrier’s abstracts, they are assigned to specific categories: collisions, convictions, and inspections. The points are accumulated in each category over a period of up to two years and are considered the violation rate for that category. The violation rates are then compared to tables of threshold values, which are based on the number of kilometres the carrier travels in Canada.
The points structure was recently modified to increase point values for violations directly related to the increased risk of collisions, for example, speeding. Certain points values were decreased for violations less likely to cause a collision, such as failing to maintain a daily log.
When the carrier’s overall violation rate is too high, the carrier will be subject to MTO interventions. Interventions may start with a warning letter from the MTO. If the carrier does not improve safety performance, the carrier may then be subject to an interview with the MTO or a facility audit.
Carrier abstract monitoring
Although not required, carriers are strongly encouraged to request Level 2 abstracts every six months. The carrier can monitor the on-road safety performance to identify gaps in safety or areas for improvement. If gaps or areas of improvement are identified, the carrier can take action to retrain drivers, increase monitoring of driver behaviors, and modify maintenance or vehicle inspection programs accordingly. In addition, frequent monitoring can help the carrier confirm certain events and become aware of errors that may be negatively affecting the carrier’s safety performance. The carrier can notify MTO and have these items removed.
Regular abstract monitoring can also help correct safety deficiencies before the point of an MTO intervention and/or facility audit.
For information on how to obtain a carrier abstract, visit http://www.mto.gov.on.ca/english/trucks/get-renew-cvor-certificate.shtml#cvor-commercial.
Compliance reviews
Application
Compliance Reviews are conducted to ensure that operators have in place the necessary systems and procedures that will enable them to comply with applicable safety standards. The reviews are recommended as the first step in establishing an audit program and may be used to initially determine an operator’s safety fitness rating for inclusion in its profile.
Although this standard has not been implemented in Ontario as a separate procedure, an operator’s compliance status is evaluated during a facility audit and monitored by reviewing its CVOR file.
Facility audits
The Facility Audit is an in-depth inspection of a carrier’s activities relative to applicable safety regulations, specifically, hours of service, maintenance, and driver qualification and records/reporting. The operator is responsible for maintaining records applicable to its operation, employees, and vehicles and for making these records available to the inspector during an audit. The purpose of the audit is to increase the carrier’s knowledge of the requirements, as well as monitor the carrier’s current level of compliance.
Though all CVOR operators are potential candidates for an audit, certain criteria may increase a carrier’s chances of being selected for an audit:
- Poor on-highway performance (exceeding violation thresholds);
- Public complaints against the carrier;
- The carrier is a dangerous goods carrier;
- The carrier is a public or municipal operator; or
- Low enforcement exposure.
Carriers with a conditional safety rating may request an audit to help improve the safety rating.
Requirements
Audits must be conducted during an operator’s regular business hours and will generally be conducted on an appointment basis but could be unannounced. It is the operator’s responsibility to have the required records at its main place of business. Sanctions, such as the suspension of operating privileges or the issuance of fines, may be imposed where the operator:
- Fails to maintain the required records;
- Fails to produce the records required for inspection;
- Alters, defaces, destroys or falsifies the required records;
- Obstructs the inspection of records or vehicles; or
- Is not complying with the law by what the records show.
Procedure
The inspector may begin the audit by asking for general information about the operator and its compliance activities. Profile questions may be used at this time to help the inspector determine the operator’s level of compliance with, and understanding of, applicable safety standards.
During the audit, source documents will be compared against the information provided on the corresponding records. The audit will determine if the operator has maintained all the necessary documentation concerning drivers, staff training and development, hours of work, and vehicle inspections and maintenance. The auditor will use the records to determine if the carrier is in compliance with applicable laws. To determine whether the operator’s vehicles meet the minimum safety and performance standards, the inspector may also randomly perform mechanical inspections of vehicles ready for dispatch.
At the conclusion of the audit, the inspector will discuss the results with the operator and answer any questions concerning the regulatory requirements or discrepancies that were found. The inspector will also provide the carrier with a written copy of the audit results and any charges laid during the audit. Depending upon the results, the carrier’s safety rating may stay the same, improve, or be downgraded.
Enforcement
Facility audits will be performed at the operator’s main office by Ministry of Transportation personnel. All convictions for violations will be recorded on the operator’s CVOR file.
Law
Canadian Motor Vehicle Transportation Act, 1987; Dangerous Goods Transport Act; Highway Traffic Act
Regulations
- 555/06, Hours of Service
- 199/07, Commercial Motor Vehicle Inspections
- 419/15, Definitions of Commercial Motor Vehicle and Tow Truck
- 424/97, Commercial Vehicle Operators Registration Certificates
- 577, Covering of Loads
- 340/94, Drivers’ Licences
- 587, Equipment
- 595, Garage Licenses
- 601, Motor Vehicle Inspection Stations
- 611, Safety Inspections
- 612, School Buses
- 363/04, Security of Loads
- 628, Vehicle Permits
- 629, Vehicles for the Transportation of Physically Disabled Passengers