If the Ministry of Transportation is going to be in the business of rating carriers in regards to the rate of safety and compliance with the legislation of the province, then they should find a way to closely monitor the quality of the inspections their officers conduct on commercial vehicles.
The outcome of a level 1 inspection greatly impacts an operator's violation rate, which in turn impacts an operator’s carrier safety rating. Elements of such great importance should also necessitate a mechanism to ensure a CVSA inspection and the resulting activities of the MTO, be held to the highest level of scrutiny. At present, there is no realistic appeal process in place to challenge the officer’s decision in regards to an alleged defect he or she has detected.
The new hours of work legislation enacted in January of 2007 makes it more important, now than ever, to ensure that operators provide proper training for their drivers by qualified individuals.
The new legislation brought in by this Provincial Government on the first of this year has some significant changes in that must be addressed. No longer do we have the 15 hour on duty rule or the 3 cycles that prior to this could be changed at the will of the driver. . Now we have a 14 hour on duty allowable, as well as, a 16 hour shift. The cycles being changed from 60 hours in 7 days to 70 hours in 7 days and the elimination of the 8 day cycle. The driver is now required to designate the cycle he chooses to comply with and note it on his daily log. The 8 hours off duty has been changed to 10 hours in a day. The log book exemption requirements have been amended as has the sleeper berth rules.
Ontario 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.