Section 8-16: Part II - Safety Ratings

Ontario

Commericial Motor Vehicle Operators’ Information

Part II - Safety Ratings

8. This Part applies to the assignment of safety ratings under section 17.1 of the Act. O. Reg. 197/99, s. 5.

9. In this Part, the date on which an audit is completed is the most recent date on which an auditor has completed the audit report or an amendment to it. O. Reg. 197/99, s. 5.

10. (1) The Registrar shall assign to an operator one of the following safety ratings, as determined in this Part:

1. Excellent.

2. Satisfactory.

3. Satisfactory Unaudited.

4. Conditional.

5. Unsatisfactory. O. Reg. 197/99, s. 5.

10. (2) A safety rating set out in a paragraph of subsection (1) is a higher rating than a rating set out in a later paragraph. O. Reg. 197/99, s. 5.

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. O. Reg. 640/05, s. 2.

(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. O. Reg. 640/05, s. 2.

11. (1) The Registrar may assign an Excellent rating to an operator where, in the Registrar's opinion, the operator's safety record shows that the operator's performance and practices are excellent with respect to the safe operation of its commercial motor vehicles and vehicles drawn by them. O. Reg. 197/99, s. 5.

(2) The Registrar shall not assign an Excellent rating to an operator unless,

(a) the operator's safety record contains the results of an audit completed within the previous 36 months; and

(b) the operator,

(i) has held a CVOR certificate for the previous 24 months, or

(ii) has satisfied the Registrar that the operator has been operating in Ontario for the previous 24 months and has obtained a CVOR certificate. O. Reg. 397/08, s. 5.

(3) The Registrar shall not assign an Excellent rating to an operator whose rating had previously been reduced from Excellent unless,

(a) more than six months have passed since the rating was reduced from Excellent; and

(b) the operator satisfies clauses (2) (a) and (b). O. Reg. 397/08, s. 5.

12. (1) The Registrar may assign a Satisfactory rating to an operator where, in the Registrar's opinion, the operator's safety record shows that the operator's performance and practices are satisfactory with respect to the safe operation of its commercial motor vehicles and vehicles drawn by them. O. Reg. 197/99, s. 5.

(2) TheRegistrar shall not assign a Satisfactory rating to an operator rated Conditional or Satisfactory Unauditedunless,

(a) the operator's safety record contains the results of an audit completed within the previous 36 months; and

(b) the operator,

(i) has held a CVOR certificate for the previous six months, or

(ii) has satisfied the Registrar that the operator has been operating in Ontario for the previous six months and has obtained a CVOR certificate. O. Reg. 397/08, s. 6.

13. (1) The Registrar may assign a Satisfactory Unauditedrating to an operator if the operator has not been audited and, in the Registrar's opinion, the operator's safety record shows that the operator's performance and practices are satisfactory with respect to the safe operation of its commercial motor vehicles and vehicles drawn by them. O. Reg. 197/99, s. 5.

(2) For the purpose of subsection (1), an operator shall be deemed not to have been audited if,

(a) the operator has a conditional rating;

(b) the most recent audit in the operator's safety record was completed more than 36 months ago; and

(c) the results of that audit are satisfactory in the Registrar's opinion. O. Reg. 197/99, s. 5.

14. (1) The Registrar may assign a Conditional rating to an operator where, in the Registrar's opinion, the operator's safety record shows that the operator's performance and practices are less than satisfactory with respect to the safe operation of its commercial motor vehicles and vehicles drawn by them. O. Reg. 197/99, s. 5.

(2) The Registrar shall assign a Conditional rating to an operator when nothing described in paragraph 1, 2 or 3 of subsection 15 (1) which resulted in an Unsatisfactory rating under subsection 15 (1), is any longer in effect. O. Reg. 197/99, s. 5.

(3) The Registrar shall not assign to an operator a higher rating sooner than six months after the Registrar assigns to the operator a Conditional rating. O. Reg. 197/99, s. 5.

15. (1) The Registrar shall assign an Unsatisfactory rating to an operator on the first day when any of the following comes into effect, for reasons which, in the Registrar's opinion, relate to the safe operation of the operator's commercial motor vehicles or vehicles drawn by them:

1. The plate portion of the operator's permit is suspended or cancelled under clause 47 (1) (a) of the Act.

2. The operator's CVOR certificate is suspended or cancelled under clause 47 (1) (c) of the Act.

3. The time period specified in an order under subsection 47 (10) of the Act during which an operator's permit or number plate may be seized, is in effect. O. Reg. 197/99, s. 5.

(2) The Registrar shall not assign to an operator a rating higher than Unsatisfactory while anything described in paragraph 1, 2 or 3 of subsection (1) is in effect. O. Reg. 197/99, s. 5.

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. O. Reg. 640/05, s. 2.

(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). O. Reg. 640/05, s. 2.

(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. O. Reg. 640/05, s. 2.

(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. O. Reg. 640/05, s. 2.

(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. O. Reg. 640/05, s. 2.

(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. O. Reg. 640/05, s. 2.

16. (1) In assigning a safety rating, the Registrar shall have regard to the operator's safety record. O. Reg. 197/99, s. 5.

(2) In assigning a safety rating, the Registrar,

(a) may have regard to the safety record of a person related to the operator;

(b) need not consider audit results from an audit completed less than six months after the date on which a previous audit was completed; and

(c) need not consider audit results where he or she is of the view that the records audited do not adequately reflect the operator's safety performance and practices in Ontario. O. Reg. 197/99, s. 5.

(3) Subsection 17 (4) of the Act applies, with necessary modifications, for the purpose of determining who are related persons under clause (2) (a). O. Reg. 197/99, s. 5.

17. (1) Notice given under subsection 17.1 (3) of the Act shall be deemed to have been received by the operator,

(a) on the day it was delivered personally;

(b) on the fifth day after it was couriered;

(c) on the fifth day after it was mailed;

(d) on the day after it was sent by fax;

(e) on the day after it was sent by email. O. Reg. 135/21, s. 6.

(2) If the day described in clause (1) (b), (c), (d) or (e) is a holiday, the notice shall be deemed to have been received on the next day that is not a holiday. O. Reg. 135/21, s. 6.

(3) For the purposes of clause 17.1 (3) (e) of the Act, an email sent to the operator at the most recent email address for the operator in the Ministry's records is sufficient giving of notice. O. Reg. 135/21, s. 6.

© King's Printer for Ontario, 2012-2021. The text is not the official version of Ontario's Highway Traffic Act or associated regulations. For official text, refer to www.ontario.ca/laws.