Vehicle Defects

Recording Defects

The driver is required to record a defect on the report immediately after the initial inspection or upon discovery of a defect while travelling or when discovered at the end of a trip or day.

Reporting Defects

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

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

Depending on the driver's situation, reporting defects 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 driver has immediately entered the defect on the daily inspection report and reported the defect to the operator.

It is a defence for a driver, if charged with a defect from another part of the Act when the defect is also a defect that is listed as a minor defect on an inspection schedule. This defence only applies if the driver has found, reported the defect and recorded the defect on the inspection report 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 for the defect. Operators may wish to discuss this important factor with drivers.

Use Of Electronic Devices And Documents

Daily inspection reports, the 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, or
• a printed copy of the report or schedule signed by the driver after printing, or
• a handwritten copy of the report or schedule signed by the driver after it is handwritten.

Notes:

• 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 the operator or a person designated by the operator prints and signs a copy of a report or document when requested by an officer.

Inspection Report Retention Period And Location

Inspection reports and reports and notices issued by an officer;

• are stored at the operator's principal place of business or at a terminal or business address specified by the operator.
• are kept for at least two years or for six months after the vehicle ceases to be the operator's responsibility.
• that list only defects and no repairs are kept for six months. Reports that show repair information are kept for two years.

Truck And Trailer Maintenance, Inspection And Component Performance Standards And Record Keeping

Purpose

The purpose of this document is to provide information to operators about the minimum truck and trailer maintenance, inspection and component performance standards requirements.

Requirements

Operators of trucks and towed trailers, to which the requirements apply, are required to:

• establish a "written system" to periodically inspect and maintain vehicles,
• ensure that inspections and maintenance are carried out in accordance with the written system, and
• ensure that the vehicles meet the prescribed performance standards at all times while operating on a highway.

Performance Standards

Prescribed Performance Standards are set out in the following regulations, as applicable to the vehicle;

• 611 = Schedules 1 and 2 (Safety Inspections).
• 587 = Equipment.
• 199/97 = Schedule 1, (3 column format) contained within this document (Commercial Motor Vehicle Inspections).

All Regulations are made under the Highway Traffic Act.

Written System

A written system to periodically inspect and maintain vehicles can be a simple written or electronic document that sets out, for example, a stated time period and/or distance for which a vehicle requires its next inspection and/or maintenance activity. Inspections and maintenance intervals are commonly linked together. For example, an inspection is due at X distance or X time period, whichever occurs first. Non-safety related maintenance items such as oil changes and tune-ups can be included in the system. An annual safety inspection can form part of the written system.

Records To Be Kept

Operators are required to keep the following records for each truck, towed trailer and converter dolly that is subject to the above requirements:

• identification records for the vehicle, including,
  • the vehicle’s unit number, if any,
  • the vehicle’s year and make,
  • the vehicle’s vehicle identification number, and
  • if the vehicle is not owned by the operator, the name of the person that supplies the vehicle to the operator, and the first and last dates on which the vehicle was operated by the operator.
• a record of the inspections and maintenance of and repairs to the vehicle, including,
  • the nature of the inspections, maintenance and repairs,
  • the name of the person who conducted each inspection and performed each maintenance or repair,
  • if an inspection, maintenance or repair was conducted or performed by someone other than the operator or a person employed by the operator, the invoice or other record of the inspection, maintenance or repair provided by the person who conducted or performed it,
  • if a part was purchased and used in maintenance or in a repair, the invoice or receipt for the part, (see note) and
  • if the vehicle has an odometer, the odometer reading of the vehicle at the end of the inspection, maintenance or repair,

  Note:
  Invoices and receipts for the purchase of bulk parts must be maintained until the inventory has been depleted or at least two years has passed, whichever occurs last.

  Parts from all purchases, including bulk purchases must be inventoried out on repair documents.

  It is not a requirement that a repair document shows an invoice or receipt number.

  It is not necessary to keep invoices within maintenance files. Invoices may be maintained within accounts payable, provided the operator can supply the invoices to an auditor at time of audit.

• the types and frequency of inspections and maintenance required to be carried out on the vehicle under the operator’s system of periodic inspections and maintenance,
• a record of any axle or suspension modifications of the vehicle that affect the manufacturer’s gross vehicle weight rating or gross axle weight rating,
• copies of safety standards certificates and annual inspection certificates issued in respect of the vehicle, and copies of equivalent documents from other jurisdictions issued in respect of the vehicle, and
• copies of inspection notices, reports and appearance notices issued by an enforcement officer or government official of another jurisdiction.

Retention Period For Records

Records are retained for at least two years or six months after the vehicle is no longer operated by the operator.

A daily inspection report indicating no defect(s) is kept for six months.

When a report lists a defect and the defect was repaired without the operator creating a separate repair order for the repair, the repair and any parts used must be noted on the report. In this case the report becomes a maintenance record and is retained for two years.

Reports that list defects, which are determined not in need of repair or declared not to be a defect are also retained for two years.

This applies whether or not the report contains a separate "certification of repairs" section.

Retention Location For Records

Records are kept at the operator’s principal place of business or another terminal or business address of the operator.

Where a record or document is in electronic format it may be stored at any location if it can be readily accessed by the operator from the operator’s principal place of business in a format that would allow a printed copy of the record to be generated.

Electronic Records

Any record or document that is required to be created, kept or surrendered may be made, kept or surrendered in electronic format. An electronic record or document does not require a signature.

Operators who keep records and documents in electronic format must be capable of printing a copy of the report or document.

U.S. Trucks And Trailers Operating In Ontario

Trucks bearing U.S. plates may operate in Ontario if the vehicle(s) was inspected, and an inspection report completed, in accordance with the daily inspection requirements of the U.S., or any province including Ontario or in accordance with National Safety Code Standard 13 as of May 2005 which is published by the Canadian Council of Motor Transport Administrators.

Where an inspection was completed in accordance with U.S. requirements, the driver must carry and produce a post inspection report that is not more than 24 hours old. Where a driver does not have access to the vehicle's post inspection report, the driver must conduct an inspection in accordance with U.S. rules and carry a U.S. report that complies with U.S. requirements and that is not more than 24 hours old.

Out-Of-Province Trucks And Trailers That Require Inspection While Operating In Ontario

A truck and trailer coming into Ontario from another province, territory or state will require inspection if the same Ontario vehicle requires inspection. For vehicle application see "Vehicles That Require Inspection". For exemptions see "Vehicles That Are Exempt From Inspection". This applies regardless of the distance to be traveled in Ontario and whether or not inspection rules apply or the vehicle is exempt in its home province, territory or state.

Ontario Trucks And Trailers Travelling In The U.S.

Ontario inspections and inspection reports are acceptable in the U.S., provided the report contains a "certification of repairs" section. See question 17 in Interpretation for U.S. Federal Vehicle Regulation, Part 396: Inspection, Repair, and Maintenance.

U.S. daily vehicle inspection rules may not apply to a driveaway-towaway operation, or any motor carrier operating only one commercial motor vehicle. See exceptions in U.S. Federal Vehicle Regulation, Part 396, section 11, Driver vehicle inspection reports.

This information was accurate at the time of publication. Operators should visit the appropriate web site to confirm that this information is still current.

Web Links To Other Ministry Of Transportation Truck Information

For information regarding other mandatory driver and vehicle safety programs that may apply to you or your truck, or for items of additional information or interest please visit the following web pages:

• Hours-of-Service requirements (logbooks).
• Annual Safety Inspections.
• Registered Gross Weight, how to determine the correct amount.
• Commercial Vehicle Operator's Registration (CVOR)

Ministry of Transportation Contacts

If the information on this web page has not answered your question or questions, please contact the Ministry of Transportation Enforcement Office nearest you, at:

• Durham Region (905) 728-7505 x 105
• Halton Region (905) 315-7556
• Hamilton (905) 643-7947 x 200
• Kenora (807) 468-2781
• Kingston (613) 544-2220
• London (519) 873-4286
• Niagara Region (905) 643-7947 x 200
• North Bay (705) 497-5411
• Ottawa (613) 731-1474
• Peel Region (905) 564-9190
• Sault Ste. Marie (705) 945-9395
• Sudbury (705) 566-1414
• Thunder Bay (807) 473-2021
• Timmins (705) 497-5411
• Toronto (416) 325-2642
• Waterloo (519) 885-4297
• Windsor (519) 972-9044
• York Region (905) 713-7324