Vehicle Defects

Recording Defects

The driver is required to record a defect on the report immediately after the initial inspection, upon discovery of a defect while travelling (at the first opportunity when vehicle is stopped and parked safely off the highway), or when discovered at the end of a trip or day.

Reporting Defects

For the purposes of reporting defects, the operator may designate an employee to receive them.

Minor and major defects, which are listed in a schedule, must be reported to the operator immediately upon discovery by the driver or inspection person.

Depending upon the driver's situation, reporting to the operator may be done in person, by phone, via written report or by electronic means.

Driving with Defects

A driver may continue to drive with a minor defect that is listed on an inspection schedule if  the defect has been entered immediately on the daily inspection report and reported to the operator.

It is a defence for a driver, if charged with a defect under another part of the HTA, when that defect is also listed on the vehicle’s inspection schedule.  This defence applies only if the driver has found, recorded and reported the defect to the operator prior to an examination of the vehicle by an officer.

It is important to note that, while the driver has a defence for driving with a minor defect listed on a schedule, the operator can be charged.

Use of Electronic Devices and Documents

Daily inspection reports and under-vehicle reports, results of an inspection, and inspection schedules may be kept in an electronic recording device.

When requested by an officer, the driver is required to produce, at the driver's option, either:

• An electronic display of the report or schedule that is readable from outside the vehicle by the officer
• A printed copy of the report or schedule signed by the driver after printing
• A handwritten copy of the report or schedule signed by the driver

• The electronic display is not required to have a signature.
• An officer may, at his or her discretion, enter a vehicle to read the screen of an in-cab, permanently attached device.

Vehicle maintenance, repair records and documents may also be kept in electronic format, provided that the operator or a person designated by the operator prints and signs a copy of a report or document when requested by an officer.

Daily Inspection Report Retention Period and Location

Inspection reports and notices issued by an officer are to be stored at the operator's principal place of business, or at a terminal or business address specified by the operator.

Daily inspection reports are to be kept for at least six months. However, if it is also used to record a repair or work done on the vehicle, it is deemed to be a "maintenance report,” and must be retained for at least two years, or six months after the vehicle ceases to be the operator's responsibility.