Traffic Tickets for Commercial Motor Vehicles, Drivers and Carriers
In relation to CVOR traffic tickets, both owners and operators of commercial vehicles and their drivers are required to ensure that;
- That the vehicle(s) being driven on Ontario highways are in a safe mechanical condition,
- That the required documentation is in order and completed properly,
- That the driver follows the rules of the road, and
- The vehicle is compliant with the Hours of Service regulations.
When a vehicle is stopped for an inspection and there is a mechanical, documentation or hours of service issue the officer can charge the driver and/or the company.
In these cases, a CVOR traffic ticket will result in CVOR points being assigned to the carrier’s CVOR record which will increase the carrier’s violation rate.
In cases where both the driver and carrier have been charged with essentially the same offence, the points for both charges will result in CVOR points being assigned to the carrier’s record.
The accumulation of CVOR traffic tickets can mean increased insurance premiums and may affect the safety rating of the company with the Ministry of Transport.
For individual drivers, your driving record is paramount to your ability to work as a driver in Ontario.
Drivers with demerit points and CVOR traffic tickets are considered higher risk drivers and may have employment issues.
Commercial vehicle operators and drivers must always take an active role in ensuring that any potential violations are dealt with properly. You want to hire a traffic ticket paralegal with knowledge and experience in CVOR and commercial vehicle operations.
Fighting CVOR Tickets
With Paradigm, our goal is to have the charge dismissed against you and your company. My goal is to establish a working relationship with safety/compliance managers so that any and all traffic tickets are dealt with accordingly. Many of the companies I represent call me regularly to ensure that all is being done to maintain a healthy CVOR rating. Paradigm is available at nearly any hour to ensure all enquiries are responded to in a timely fashion.
Convictions for charges are the main factor in increasing a carrier’s violation rate, and insurance premiums. By working together, we can ensure that all is being done to maintain a stellar compliance record and keep insurance premiums and driver/company abstracts running smoothly.
Carriers and drivers that do not contest these charges are significantly more likely to face further interventions from the Ministry of Transportation such as warning letters, audits, interviews or sanctions.
Challenging the charges received by the carrier or the drivers will significantly assist in managing and reducing the number of points being assigned to the carrier’s record and assist in avoiding interventions and undue attention from the Ministry of Transportation.
Paradigm utilizes the services of retired police officers and former MTO officers in order to stage mock audits, reviews and implement training for drivers and companies when required.
Whether you need representation on Safety Ratings, CVOR Inspections, CVOR Audits, Suspensions or CVOR Training, Paradigm has the available experts to assist.
The CVOR System is used for:
The CVOR System is used for:
The Commercial Vehicle Operators Registration is used to monitor commercial motor vehicles and drivers in Ontario in relationship to safety ratings including;
- Accidents involving commercial motor vehicles.
- Traffic tickets for commercial motor vehicles.
- Inspections by Ministry officers for commercial vehicles.
Assignment of points to safety-related incidents for commercial motor vehicles. All CVSA (Commercial Vehicle Safety Alliance) inspections, whether passed or failed.
Traffic tickets and CVOR Violations on a commercial vehicle abstract and carrier licence can have a serious impact on insurance rates, and the driver’s ability to drive and be employable.
Continued safety violations not only affect the driver but can affect the “Safety Rating” of the company, affecting it’s licensing with the Ministry of Transportation and the insurance rates for the company.
For an expert analysis of any CVOR offence, call Joel at Paradigm to get a no-charge assessment of what the options are.
Although all CVOR tickets and issues may not result in the ticket(s) being withdrawn, Joel has the working knowledge and experience to assist in ensuring that all legal angles are exercised. By dissecting tickets at all levels, Paradigm looks for any discrepancies, officer mistakes, conflicting witness accounts, or any other missing or inaccurate reporting which can strengthen our case or provide a loophole.
Paradigm has the resources and knowledge to ensure that all options are explored, and to handle all matters properly from start to finish.
A CVOR abstract is a document that displays information about an operator and that operator’s safety performance. There are three CVOR abstracts available:
Public CVOR Abstract (Level I) is a one-page document available to the general public summarizing an operator’s record over a two-year period.
Carrier CVOR Abstract (Level II) is available only to the operator or their authorized agent, and includes summary data over a two-year period, as well as detailed event data for collisions, convictions and inspections for a five-year period.
CVOR Driver Abstract is a five-year record of collisions associated with a conviction of the driver for a safety-related offence, convictions and inspections relating to the driver (while operating a commercial motor vehicle in Ontario only). The driver-licence status and medical due date are also shown.
Carrier CVOR Abstract (Level II)
Collisions, convictions and inspections appear on a Carrier CVOR Abstract (Level II) in the following ways:
Reportable collisions that occurred in Ontario are received by MTO from the police. Reportable collisions that occurred in other Canadian jurisdictions are reported by those jurisdictions via a Canada-wide, data-exchange system. Only those out-of-province collisions that occurred after April 1, 2007, will appear on a carrier abstract. A “reportable accident” involves damage over $2,000 and/or personal injury.
Collisions are assigned points based on the severity of the collision and other information on the motor vehicle accident report. The report may also include written information on charges laid.
Collisions where no improprieties or vehicle defects are noted on the police report appear on the operator’s CVOR record but do not incur points (for example, zero pointed). Collisions reported at a collision reporting centre (self-reporting) are also included on the operator’s record and may also be pointed.
An officer may lay a charge against a driver or operator. Convictions resulting from driver or operator charges are recorded on the operator’s CVOR record with point values based on severity.
Convictions for offences that occurred in other Canadian jurisdictions are received by MTO via a Canada-wide data, exchange system. These out-of-province convictions will appear on a Carrier CVOR Abstract (Level II).
An officer may conduct an inspection of a commercial motor vehicle. Inspections are conducted according to the Commercial Vehicle Safety Alliance (CVSA) standards, which are applied by all jurisdictions across North America. Inspections can result in the following findings:
- Out-of-service defects
- Critical defects that can cause the vehicle to be impounded
As a service to my carrier clients, I always offer a complimentary review of the company CVOR Level II abstract. By doing this, I’m able to gauge what sort of infractions have historically been an issue, as well as keep tabs on when CVOR points are “falling” off. All this leads to a full and comprehensive approach to ensuring that the “clearing up” process runs accordingly.
Paradigm Ticket Defence spends the necessary time on your case with the purpose of eliminating the charges completely via being withdrawn or dismissed. If this is not possible, we will negotiate with the prosecutors to keep demerit/CVOR points kept to an absolute minimum. Each case involves the input of the client from start to finish to ensure that there are no surprises at any point. My clients know that my accessibility is the key to my business, not just at the time of the initial consultation, but throughout the life of a matter.
An operator will be reviewed when poor safety performance is identified based on the operator’s overall violation rate.
At predetermined stages, operator interventions such as disciplinary letters, interviews, audits or sanctions will be considered. When an operator reaches one of these stages, ministry staff will determine the appropriate intervention.
A sanction is the most severe disciplinary measure that the ministry may impose. It may result in:
- a fleet limitation
- plate seizure
- suspension or cancellation of a operator’s privileges
Sanctions may also result in an operator receiving an unsatisfactory safety rating.
Sanctions imposed by the Registrar of Motor Vehicles take effect throughout Canada.
As part of the sanction process, the operator will have an opportunity to show why the sanction should not be imposed.
A commercial drivers livelihood completely depends on a constantly clean abstract, as many employers demand such as a condition of employment. Whether you drive short or long haul, are an Owner Operator or an employee of a large company; the protection of your licence is paramount. CVOR and demerit points often come in pairs, and when it comes to commercial trucking, insurance companies demand that they remain at a minimum. I have spent countless hours throughout my professional career, both through enforcement (as an officer) and now with ticket defence, working alongside trucking firms to maintain a healthy CVOR rating, and thus keeping insurance premiums affordable.
Paradigm has a team of experts whom I work with to offer many services, including complete mock audits to staff training, which assist in ensuring compliance. My rates are very reasonable and I’ve have had tremendous success in working with companies with both small and large fleets. Call me directly so we can set up a free appointment in which I can assess your needs, and explain what services I can offer to keep your company rolling.
Paradigm Ticket Defence spends the necessary time on your case with the purpose of eliminating the charges completely via withdrawn or dismissed. If this is not possible, we will negotiate with the prosecutors to keep demerit/CVOR points kept to an absolute minimum. Paradigm Ticket Defence will work diligently to negotiate for the best deal possible, which will help keep your insurance rates reasonable.