Commercial motor vehicle charges and CVOR tickets
About driving a commercial motor vehicle (CMV)
Those who drive a truck — either for a living or pleasure — that has a registered gross weight more than 4500 kgs fall into a category that may require a higher driver’s licence classification and specific knowledge about the vehicle.
Depending on the size and registered gross weight (RGW) of your truck — a pickup, van, dump truck or tractor trailer units — all of them require a drivers licence beyond the "G" level. The larger the unit, the higher the license status required. The highest is "AZ," which allows you to operate anything except a bus or motorcycle.
If you meet all of the following criteria...
- You operate any vehicle other than a bus
- You drive the vehicle for commercial purposes
- Your vehicle’s RGW exceeds 4500 kgs
… then you are required to have a commercial vehicle operators’ registration (CVOR) certificate, whether you have just one vehicle or a fleet. The owner of the vehicle(s) holds the certificate. It allows the Ministry of Transportation to monitor the driving habits of the drivers operating the commercial motor vehicle(s) (CMV) and the mechanical fitness of the CMVs.
Those who have large pickup trucks used to pull trailers or fifth wheel homes are not required to have CVOR permits. That is, if they do not transport any commercial goods for compensation.
What you must know about commercial motor vehicle tickets
CMVs are required to have annual safety inspections as indicated by a yellow sticker placed on the vehicle. The Ministry of Transportation enforcement officers may subject CMVs to inspections on the roadside and at the various weight scales located throughout the Province.
Enforcement officers look for offences related to:
- CMV’s mechanical fitness
- Driver logbook entries
- CMV inspection logs
- Load securement and adherence to regulations regarding hours of service
CMV with too many safety issues can result in either being impounded for up to 60 days, or getting the defects corrected before being allowed back on the road. An enforcement officer can charge both the driver and company for any discovered offences.
Some offences have both demerit points and CVOR points. Offences in relation to equipment and documents do not have demerit points, but they do have CVOR points. CVOR points vary from zero to five depending on the offence.
Other regulations that carry CVOR points:
- Criminal Code of Canada driving offences
- Dangerous Goods Transportation Act
- Public Vehicles Act and Regulations
- Ontario Highway Traffic Act and Regulations
CVOR points are only assessed if the offence was committed while operating the CMV.
If a driver or company obtains too many CVOR points, it can trigger a Ministry of Transportation audit, possibly resulting in more charges. Worst case scenario: the holder of the CVOR certificate being called in for an interview with the Ministry of Transportation to discuss why the Ministry should not revoke the CVOR certificate and its attached license plates.
Drivers employed by trucking companies must realize that warnings issued by MTO enforcement officers are also included in CVOR computer records. This helps enforcement officers keep track of warnings issued for similar offences.
Reported collisions involving CMV are noted in the CVOR records. Charges laid by the police along with determination of fault as recorded in the police report are also noted. Drivers will have their own record for CVOR-related (tickets/offences) listing CVOR points along with their regular driver’s licence record listing demerit points.
Why you should fight CVOR tickets and commercial motor vehicle offences
The MTO is very aggressive in enforcing CMV offences and receive help from the O.P.P. Commercial Motor Vehicle enforcement unit at various roadside checks. Many officers have been given extra training in CMV-related offences and they also conduct periodic spot checks.
Many MTO prosecutors are also very aggressive in prosecuting in that they ask the court to impose substantial fines upon conviction. Penalties imposed can be fines as high as $50,000, drivers licence suspension, jail time or all of the above.
The CVOR points list is a long one. In general, moving violations such as Careless Driving, turn not in safety, unsafe move, stop sign and traffic light offences are 5 CVOR point offences. Document and weight or size charges such as Fail to surrender licence, improper licence, over weight, over width and over length offences are 3 CVOR point offences. Improper light offence, obstructed window, improper muffler and seatbelt offences carry 1 CVOR point.
Employers in the trucking industry want to hire professional drivers who will not put their CVOR certificate at risk. CMV drivers who don’t fight to protect their driver's licence could lose their current job and miss out on future employment opportunities.
We are here to help protect your driver's licence and your employer’s CVOR.
Why choose HELP?
Commercial motor vehicle offences will most likely take place in a jurisdiction that’s not close to your home. HELP has offices across the province of Ontario, so we can help you with jurisdiction regardless of where you live and where the offence took place. It’ll save you a lot of driving time.
Our licensed and experience paralegals have met the high standards of the Law Society of Upper Canada, the governing body of paralegals and lawyers in Ontario. They also have a high success rate helping many people in your situation.FREE QUOTE
(It only takes five minutes)
Working with HELP increases your likelihood of attaining the best outcome. Our paralegals handle all the work — everything from filing the ticket to arguing relevant case law. No one in this business can get 100 percent of the cases dismissed. Even so, we frequently negotiate to minimize penalties, insurance increases, CVOR points and demerit points. You can learn more about our traffic ticket experts.
Here's a quote from a client:
“Thanks are not enough. You did it! Ryan made a mistake but it could have meant dire consequences in his life and future job plans. Great news!” — Marg B.
What's the cost to fight a commercial motor vehicle offence?
Very little compared to losing a job and licence.