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The Legislators of the Province have now Legislated Due Diligence or so it Appears.
11/12/08
11:23:16 am, by Henk Van Pelt 
, 507 words
Categories: In The News, Provinces, Ontario, Commercial Vehicle Operator's Registration, Regulations
The Legislators of the Province have now Legislated Due Diligence or so it Appears.
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Written ByOntario regulation 555/06 (Hours of Work) states in section 28(1) an operator shall monitor each driver’s compliance with this Regulation. Subsection (2) states if an operator determines the driver has failed to comply with the regulation the Operator must record the details of non-compliance and of the remedial action taken by the operator in response to it.
Follow up:
This section of the Regulation, the law, makes common sense. If prior to the enactment of the new Regulation, an Operator who wishes to avoid any civil liability, for any action resulting in a serious mishap, ensured that the drivers, dispatchers and administrative staff were aware of the requirements of the Hours of Work Regulation. Not only was training important in a due diligence defence, so is the actual monitoring of the drivers activities and documentation. Therefore all the new Regulation did was to instil a level of compliance with the requirements of a company operating with a due diligence concept in mind.
The monitoring of the driver’s logs can be done in house by verifying the accuracy of the logs by comparing them with supporting documents. Time markers include fuel receipts, bridge receipts, Ministry of Transportation road side inspection reports and any other document having a date and time noted on it. There are also third party log book audit providers available. If an Operator decides to hire a third party provider, the credentials of company offering the audit service should be carefully scrutinized. The responsibilities for complying with the Hours of Work Regulation still fall squarely on the shoulders of the Operator.
The Ministry of Transportation auditor, when auditing a driver’s log book, will be examining company’s records, to ensure that the operator is also in compliance with section 28(1) and (2). In theory for every violation the auditor finds on a driver’s log, they should already have been detected by the operator, documented and evidence of some sort of corrective measure taken. Failing to do so could result in the driver and the operator both being charged. The fines are very expensive but not as devastating as the accumulation of CVOR points.
The operator is also responsible for monitoring the drivers to ensure they do a proper trip inspection and complete the required document. Operators must ensure that drivers are trained, and able to determine the difference between minor and major defects as prescribed in Ontario Regulation 555. Drivers have to be made to understand that an operator relies on them to inform the company of any defects to the vehicles. The company can have a great preventative maintenance program, but without the drivers doing their job and informing the operator of defects, it is impossible to maintain a safe fleet. Drivers must understand that they play a huge part in the company’s effort to operate in a due diligence frame of mind.
Henk Van Pelt is a retired MTO officer and Facility Auditor, operating Becca Enterprises, a company specializing in Safety and Compliance consulting, as well as court agent work. Tel: 905-404-8341 or 905-435-7003.
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