Commercial Vehicle Operator's Registration - Questions and Answers
- What is the Commercial Vehicle Operator's Registration (CVOR) System?
- Who must register for a CVOR?
- Is a carrier required to report changes in the information contained on their CVOR?
- How does the new CVOR system work?
- Interim changes were recently made to the CVOR system. What were they?
- What is a legal entity?
- Is there a fee for replacement of a CVOR certificate?
- If an operator has a number of operating divisions/subsidiaries, must each division/susidiary register for a CVOR?
- Can the ministry refuse to issue a CVOR certificate?
What is the Commercial Vehicle Operator's Registration (CVOR) System?
In July 1989, and subject to certain exemptions, it became mandatory that all persons/business/organizations/etc. responsible for heavy commercial vehicles, register as a commercial vehicle operator. This system identifies commercial vehicle operators and facilitates the monitoring of on-road safety performance.
The goal of the CVOR system is to:
- improve safety for all users of Ontario highways while promoting dependable and competitive transportation of goods and people;
- develop effective compliance strategies with emphasis on safety and protection of the highway infrastructure;
- promote efficient movement of goods and people.
Who must register for a CVOR?
Subject to certain exemptions, all commercial motor vehicle carriers (operators) must register for a CVOR certificate. Each legal entity (separate corporation/company or individual) requires one certificate. For exempted carriers (See Section 16 of the Highway Traffic Act (HTA)), the ministry may create a CVOR record and collect safety data as required.
The types of vehicles include all heavy commercial vehicles (power units only), including vehicles leased, rented and owned, having a gross weight or registered gross weight of more than 4500 kg or a bus carrying ten or more passengers.
Exceptions: ambulances, fire apparatus, hearses and casket wagons, mobile cranes, motor homes, tow trucks, buses when used for personal transportation, empty vehicles operating under dealer plates or "in transit" permits, and vehicles leased for not longer than 30 days for personal use.
The Highway Traffic Act defines an operator as the "person responsible for the operation of a commercial motor vehicle including the conduct of the driver and the carriage of goods or passengers, if any, in the vehicle or combination of vehicles." The operator does not necessarily have to be the vehicle owner. If the vehicles are leased or contracted, the operator must hold a valid CVOR certificate.
A legible copy of the certificate must be carried in all commercial motor vehicles operated by the carrier. A CVOR certificate is a legal document and must be surrendered if requested by a police or ministry enforcement officer.
Applications for a CVOR certificate and registration are available at all MTO offices or by contacting the Carrier Sanctions and Investigations Office at 416-246-7166 or toll-free at 1-800-387-7736 within Ontario.
Is a carrier required to report changes in the information contained on their CVOR?
Section 18(1) of the Highway Traffic Act requires that changes to corporate officers be reported to the ministry within 15 days. A fleet size change that increases or decreases a carrier's fleet size by more than 20% must also be reported (Section 6 (1) of Regulation 424/97). Failure to do so may result in charges being laid and fines imposed upon the operator.
Changes to a carrier's fleet size are not automatically captured through the Vehicle Registration System, e.g. licence plate renewal, permit purchase or deletion.
How does the new CVOR system work?
The new CVOR system will:
- monitor accidents, convictions and commercial vehicle inspections separately within the overall model;
- points will only be assigned to safety-related incidents;
- all CVSA inspections, whether passed or failed, will be included on a carrier's CVOR record;
- the same standard will be applied to all large carriers;
- the CVOR Level 1 Abstract has been simplified for clear presentation of information.
The new CVOR system will also include progressive compliance improvement interventions. This means that the ministry will intervene sooner as a carrier approaches their CVOR threshold. For example, at 35% of threshold a carrier will receive a warning letter. At 65% of threshold, a carrier may either be required to undergo a carrier interview or audit. At 80% of threshold, an audit or interview may be conducted, depending on the previous course of action and the nature of the carrier's violations. At 100% of CVOR threshold, a carrier will be proposed for sanction and the CVOR may be suspended or cancelled.
Interim changes were recently made to the CVOR system. What were they?
In September 1999, a new CVOR system was introduced in Ontario. In an effort to manage the transition from the old to the new system, the following changes were made during the week of March 29, 1999:
- All accidents since August 1995 with a point value of '1' were re-pointed to '0' where there was no indication of improper driver action/condition or vehicle defects;
- '1' point per out-of-service defect were assigned to a maximum 4 points per inspection from the previous '2' points per out-of-service defect (to a maximum of 8 points per vehicle combination);
- Convictions categorised as 'non-safety related' were re-pointed to '0';
- Overweight convictions were assigned 2 points where the amount of the overweight exceeded 2,000 kg. For overloads less than 2,000 kg, '0' points were assigned. This approach is consistent with the National CCMTA Conviction Equivalency Table, which was developed in an effort to harmonize convictions across Canadian jurisdictions.
What is a legal entity?
A legal entity is a sole proprietorship (an individual), joint partnership (2 or more individuals), corporation or joint venture (2 or more corporations).
Is there a fee for replacement of a CVOR certificate?
Yes. There is a $5 (five dollar) fee for a replacement.
If an operator has a number of operating divisions/subsidiaries, must each division/susidiary register for a CVOR?
If the divisions/subsidiaries are not legal entities, an operator requires only one certificate to be issued under the legal entity name.
If the divisions/subsidiaries are legal entities, each division/subsidiary requires their own CVOR certificate.
Can the ministry refuse to issue a CVOR certificate?
Yes. A CVOR will not be issued if the operational control of the carrier is linked, either directly or indirectly, with another carrier who has an unacceptable safety record or pending sanction. This mechanism prevents a truck or bus operator from avoiding a sanction by setting up operations as a new entity.
For further information contact:
Ministry of Transportation
Carrier Sanctions
and Investigations Office
301 St. Paul Street, 3rd Floor
St.
Catharines, Ontario
L2R 7R4
Telephone: 416-246-7166
Fax: 905-704-2525
See also:
