Commercial Vehicle Operators’ Safety Manual

Module 15 - Terms of Reference

Abstract

A record of carrier identification and performance data.

Accessible vehicle

means a passenger vehicle or a bus,

  • that is designed or modified to be used for the purpose of transporting persons with disabilities and is used for that purpose, whether or not the vehicle is also used to transport persons without disabilities, and
  • that is operated,
    • for compensation by, for or on behalf of any person, club, agency or organization, or
    • not for compensation by, for or on behalf of any person, club, agency or organization that holds itself out as providing a transportation service to persons with disabilities;

Actual weight

in the case of a truck towing a trailer, means the weight of the truck, when loaded or empty, plus any weight transferred to the truck by an attached trailer, including a house trailer, an object, a device or an implement of husbandry. The weight transmitted to the road by a towed vehicle is not included in the truck's actual weight.

The empty weight of a truck may be found on the vehicle portion of the truck's permit (ownership) beside the VEH WT heading and is in kilograms. Note: VEH WT may have been determined before the installation of the truck's cargo body, equipment, fuel, etc

Adjusted Fleet Size

The number of commercial motor vehicles operated in Ontario by a carrier, plus any double shifted commercial motor vehicles and then reduced to account for the percentage of travel within Ontario.

Annual Inspection Certificate

Means a vehicle inspection record evidencing compliance with the inspection requirements and performance standards set out in NSC Standard 11B (Truck) as modified by Schedule 3, NSC Standard 11B (Trailer) as modified by Schedule 4 or NSC Standard 11B (Bus) as modified by Part I of Schedule 5, as appropriate to the type of vehicle indicated on the record.

Annual Inspection Report

Means, in relation to a vehicle inspection that results in the issuance of an annual inspection sticker, a report containing the information required by clause 10 (1) (d) of Regulation 601 (Motor Vehicle Inspection Stations) made under the Highway Traffic Act.

Annual Inspection Sticker

Means a vehicle inspection sticker evidencing compliance with the inspection requirements and performance standards set out in NSC Standard 11B (Truck) as modified by Schedule 3, NSC Standard 11B (Trailer) as modified by Schedule 4 or NSC Standard 11B (Bus) as modified by Part I of Schedule 5, as appropriate to the type of vehicle indicated on the sticker.

Audit – See Facility Audit

Bus

Means a motor vehicle designed for carrying ten or more passengers, excluding the driver, and used for the transportation of persons.

Cab Card

A vehicle permit issued by a Canadian jurisdiction, which allows travel into other Canadian jurisdictions. This is considered an Ontario permit for out-of-province operators.

Cancellation

The Registrar of Motor Vehicles may cancel the CVOR Certificate, the number plate and plate portion of vehicle permits and operating privileges of a carrier.

Commercial Motor Vehicle (CMV)

A commercial motor vehicle includes a truck or highway tractor with a gross weight or registered gross weight of more than 4500 kg, a bus with a seating capacity for ten or more passengers, or a tow truck. Exceptions are noted in Regulation 419/15 under the Highway Traffic Act.

Commercial Vehicle

Includes commercial motor vehicles and the trailers they may tow.

Commercial Vehicle Inspection Report (CVIR)

An inspection report completed by an enforcement officer or police officer of a complete mechanical inspection of a commercial vehicle (i.e. a Level 1 or Level 5 inspection). This inspection usually takes place on road, at a truck inspection station or at the carrier’s place of business. Safety defects, if any, are reported on this form.

Commercial Vehicle Operators' Registration (CVOR) Certificate

A Commercial Vehicle Operator’s Registration (CVOR) Certificate is issued when a carrier is registered in the Ministry of Transportation CVOR System as a carrier. A copy of the certificate must be carried in each commercial motor vehicle operated under that CVOR.

Commercial Vehicle Operators' Registration (CVOR) System

An automated computer system that monitors the on-road performance of all carriers utilizing Ontario roadways.

Commercial Vehicle Safety Alliance (CVSA)

Commercial Vehicle Safety Alliance (CVSA) is an international organization comprised of Canada, the US, Mexico and Puerto Rico. This agreement provides uniform vehicle inspection criteria across North America.

CVOR Abstract (Level I)

A one-page summary of a carrier’s performance over the previous 24-month period, accessible by the general public.

Carrier CVOR Abstract (Level II)

A detailed history of a carrier’s performance including a summary of performance over the previous 24-month period, accessible only by the carrier or an authorized agent of the carrier. Details of collisions, convictions and inspections over the previous five years are also included.

CVOR Driver Abstract

A summary of a driver’s performance in Ontario while operating commercial motor vehicles over the previous five-year period including moving and non-moving violations, collisions and inspections.

Deputy Registrar

The Deputy Registrar of Motor Vehicles appointed under the Highway Traffic Act and designated by the Registrar of Motor Vehicles to act on his/her behalf.

Dispute

For the purposes of this document, a dispute is a written response that a carrier may file with the Registrar within 30 days of notice of a proposed carrier Safety Rating.

Double-Shifted

A vehicle operated by two individual drivers, who have separate shifts consisting of a minimum of 8 hours each, in a 24-hour period more than 4 days per week. The carrier must have sufficient drivers and supporting logs/time records to qualify for double shift status.

Emergency vehicle

means,

  • a road service vehicle operated by or on behalf of a road authority,
  • a vehicle used by a person employed by or on behalf of a police force, or
  • a vehicle used by or on behalf of a public utility.

Event

Collisions, convictions and inspections involving commercial vehicles that are monitored by the CVOR System.

Expiry Date

The expiry date assigned by the Registrar to a CVOR certificate. Unless renewed, the certificate is not valid after the expiry date.

Facility Audit

The facility audit is a "risk based” assessment of the elements known to cause or contribute to commercial motor vehicle (cmv) collisions. The Facility Audit consists of THREE Profiles: 1) Qualifications Records and Reporting, 2) Hours of Service and 3) Vehicle Maintenance.

Fleet Limitation

A sanction imposed by the Registrar limiting the number of commercial motor vehicles that a carrier may operate within Ontario during the period of a sanction. Every vehicle operated within Ontario during a fleet limitation must be accompanied by an original fleet limitation certificate issued by the Deputy Registrar.

Gross Vehicle Weight Rating (GVWR)

The GVWR of a vehicle is a weight rating established by the manufacturer that indicates the maximum gross weight that the vehicle is designed for and includes the empty weight of the vehicle with the maximum payload. The GVWR of a vehicle is stated on the manufacturer’s federal compliance label – usually on the driver’s door or door post on a truck or on the left side near the front on trailers.

Gross Weight

The Gross Weight of a vehicle is the actually weight of the vehicle as would be determined by weighing the entire vehicle and its load on a weigh scale.

Highway Traffic Act (HTA)

HTA with its regulations governs such things as vehicle registration, driver licensing, vehicle equipment, vehicle safety inspection, weight, length and height of vehicles/load, security of loads, school buses, Commercial Vehicle Operators' Registration, Registrar of Motor Vehicle sanctions, hours of work and retention of records.

Hours of Work

Regulated driving and on-duty hours for a driver of a commercial motor vehicle.

International Registration Plan (IRP)

Manages the program that allows commercial vehicle registration revenues to be distributed among the jurisdictions in which carriers travel.

Inter-city Bus

A bus commonly known as a motor coach that has,

  • Motive power mounted to the rear of the front axle,
  • Air-ride or torsion bar suspension,
  • A baggage area that is separate from the passenger cabin, and
  • A passenger cabin with reclining seats for passengers.

Intervention(s)

A number of disciplinary actions that may be imposed on a carrier. These include, but are not limited to a warning letter, an interview, a facility audit, and/or a sanction.

Licence Appeal Tribunal (LAT)

is a tribunal that hears carrier appeals of sanction decisions made by the Registrar of Motor Vehicles. Formally known as the Licence Suspension Appeal Board (LSAB).

Motor Vehicle Inspection Station (MVIS)

An inspection station authorized by the ministry to inspect vehicles for certification of mechanical fitness and issuance of annual inspection stickers and Safety Standards Certificates (SSC).

National Safety Code

A series of safety related performance standards that are national in scope and designed to promote the safe operation of commercial motor vehicles, many of which have been incorporated into the Highway Traffic Act and its regulations.

Notice of Appeal

A notice filed by a carrier to the Licence Appeal Tribunal (LAT) to appeal a decision made by the Registrar of Motor Vehicles.

Operator

the term operator is used in this document to describe the person or company who operates a truck and is directly or indirectly responsible for the operation of the vehicle, conduct of the driver and carriage of goods or passengers. The operator may own or lease the vehicle. Operator is also used to distinguish the operator from driver. The driver may be the operator or a person hired by the operator. A person who is the operator and the driver of a vehicle is required to comply with the rules for both the driver and the operator.

Operating Licence

A licence issued to operate public vehicles on a for-hire basis under the Motor Vehicle Transport Act or Public Vehicles Act.

Owner/Operator

A person who owns a commercial motor vehicle that sub-contracts their services to a licensed carrier.

Public Vehicles Act

The PVA provides legislation for the movement of for-hire buses within the province.

Registered Gross Weight (RGW)

The RGW determines the fee paid for a truck or bus licence plates. RGW is based on, and must be at least equal to the actual weight of the truck and its heaviest load or in the case of a bus the empty weight of the bus plus 60 kg per passenger (40 kg per passenger for school buses) based on the seating capacity of the bus. Generally the weight of a towed trailer and its heaviest load are added to the RGW of the truck. Load includes the driver, passengers, fuel, equipment, tools, etc. A trailer does not have a RGW.

The RGW is indicated on the right portion (plate portion) of a truck or bus ownership, to the right of "REG. GROSS WT" and is in kilograms. One kilogram equals 2.204 pounds and one pound equals 0.4536 kilograms.

Safety Record

A record kept and obtained by the Registrar relating to a carrier or related carrier that is normally considered in issuing sanctions and must be considered by the Registrar in issuing a Safety Rating.

Sanction

A sanction is the most severe disciplinary measure. It may result in a fleet limitation, plate seizure, or suspension or cancellation of a carrier’s operating privileges.

School bus

means a bus that

  • is painted chrome yellow, and
  • displays on the front and rear thereof the words "school bus" and on the rear thereof the words "do not pass when signals flashing".

School purposes bus

means a bus while being operated by or under a contract with a school board or other authority in charge of a school for the transportation of adults with a developmental disability or children.

School purposes accessible bus

means an accessible bus while being operated by or under a contract with a school board or other authority in charge of a school for the transportation of adults with a developmental disability or children.

School purposes accessible van

means an accessible van while being operated by or under a contract with a school board or other authority in charge of a school for the transportation of adults with a developmental disability or children.

School purposes vehicle

means a passenger vehicle while being operated by or under a contract with a school board or other authority in charge of a school for the transportation of adults with a developmental disability or children.

Semi-Annual Inspection Certificate

Means a vehicle inspection record evidencing compliance with the inspection requirements and performance standards set out in NSC Standard 11B (Bus) as modified by Part I and II of Schedule 5.

Semi-Annual Inspection Report

Means, in relation to a vehicle inspection that results in the issuance of a semi-annual inspection sticker, a report containing the information required by clause 10 (1) (e) of Regulation 601 (Motor Vehicle Inspection Stations) made under the Highway Traffic Act.

Threshold

The standard against which a carrier’s performance is measured. The threshold represents 100% of a carrier’s allowable violation rate based on industry performance data.

Total Ontario Fleet Size

Total number of commercial motor vehicles normally operated by a carrier in Ontario.

Tow Truck

A motor vehicle commonly known as a tow truck; a commercial motor vehicle with a flatbed that can tilt to load and that is used exclusively to tow or transport other motor vehicles; a motor vehicle designed, modified, configured or equipped so that it is capable of towing other motor vehicles.

Semi-Annual Inspection Sticker

Means a vehicle inspection sticker evidencing compliance with the inspection requirements and performance standards set out in NSC Standard 11B (Bus) as modified by Part I and II of Schedule 5.

Violation Rate

A measure of a carrier’s safety performance as compared to their threshold and expressed as a percentage of threshold.

Warning Letter

A letter that may be sent by the Registrar to a carrier when its violation rate is above an acceptable percentage of its threshold (35%).

Back to Top