Let’s talk: Improving how we enforce commercial vehicle safety
Consultation has concluded
We want your views on adding new contraventions (violations) to the Commercial Vehicle Drivers Hours of Service Regulations.
What is Transport Canada proposing?
Transport Canada wants to inform you about a new tool we’re proposing to use to help with oversight and enforcement of Canada’s commercial motor vehicle safety framework. We are proposing that enforcement officers can issue tickets to violators of the Commercial Vehicle Drivers Hours of Service Regulations. To do this, we want to label certain provisions of the Commercial Vehicle Drivers Hours of Service Regulations as “contraventions”. A “contravention” happens when someone violates a regulation.
These regulations set the number of hours commercial vehicle drivers can complete in a shift, along with other relevant provisions. They apply to both commercial vehicle drivers and carriers. We want to add certain provisions of the Commercial Vehicle Drivers Hours of Service Regulations to the Contraventions Regulations, along with their respective fines. This will also entail adding the Motor Vehicle Transport Act as a new Schedule to the Contraventions Regulations.
Allowing enforcement officers to issue tickets to violators will help enforce the Commercial Vehicle Drivers Hours of Service Regulations. If an offender receives a ticket, they will be able to plead guilty and pay the fine without needing to appear in court. This will help ease pressures on our courts and make our systems more efficient and cost-effective. Tickets are also a more efficient tool for enforcement officers since they allow officers to focus on other critical duties.
Proposed fines
We’re proposing that the fines vary based on the severity of the offence. We are proposing three levels of severity:
- Minor contraventions: administrative and minor record keeping contraventions
- Moderate contraventions: on-duty/drive limitations, off-duty requirements; more serious record keeping contraventions that increase risk; contraventions that hamper compliance monitoring by the motor carrier or effective enforcement
- Severe contraventions: tampering, falsification or obstruction contraventions; most serious record keeping contraventions that prevent effective enforcement; and most serious on-duty/drive limitations and rest requirement contraventions
Although the provisions apply to both individuals and motor carriers, we are proposing that fines are double for motor carriers compared to individuals. If an individual is both a driver and a motor carrier, they could be subject to pay the applicable fine as driver and the applicable fine as motor carrier.
The tables below show the range of fines for each type of recipient and severity level.
Minor contravention | ||
Fine receiver | Cost of the fine | Provision within the Commercial Vehicle Drivers Hours of Service Regulations |
Driver | Up to $300 | 78(3), 78(4), 82(4), 84(c) |
Motor carrier | Up to $600 | 77(4), 77(7), 78(6), 78(7), 84(c), 85(3)(b), 87(1), 87(2) |
Moderate contravention | ||
Fine receiver | Cost of the fine | Provision within the Commercial Vehicle Drivers Hours of Service Regulations |
Driver | Up to $500 | 12(1), 12(2), 14(1), 24, 25, 26, 27(a), 27(b), 29(1), 39(1), 39(2), 49, 50, 51, 52, 54(1), 77(2), 77(5), 77(8), 78(2), 78.2, 78.3(2), 81(1), 82(1), 82(2), 82(6), 84(b), 85(1), 85(2) |
Motor carrier | Up to $1,000 | 12(1), 12(2), 14(1), 24, 25, 26, 27(a), 27(b), 29(1), 39(1), 39(2), 49, 50, 51, 52, 54(1), 77(1), 77(2), 77(8), 78(1), 78(5), 78.1(a), 78.1(b), 78.3(1), 81(1), 82(1), 82(2), 82(6), 84(b), 85(1), 85(2), 85(3)(a) |
Severe contravention | ||
Fine receiver | Cost of fine | Provision within the Commercial Vehicle Drivers Hours of Service Regulations |
Driver | Up to $1,000 | 4(b), 4(c), 4(d), 13(1), 13(2), 13(3), 77(6), 84(a), 86(1), 86(2), 86(3), 97.1, 98(1), 98(2), 98(3) |
Motor carrier | Up to $2,000 | 4(b), 4(c), 4(d), 13(1), 13(2), 13(3), 77(6), 84(a), 86(1), 86(2), 86(3), 99(1), 99(2) |
We want to hear from you
Your opinions and feedback are important.
To participate and have your say:
- Please go to "register" at the top of the page or sign in.
- Send a formal written submission via the “Submissions” tab before December 8, 2022.
- Participate in our discussion forum through the “Have your say” tab. The forum will be open until December 8, 2022.
- Send us your comments via email and include “HOS Fine” in the subject line.
As set out in Sections 19 and 20 of the Access to Information Act, be sure to identify any parts of your comments that we shouldn’t make public because they include personal information or third-party information. Explain why your comments should be kept private, and for how long.
Unless you tell us that a section is private, it could appear in any regulatory proposal that Transport Canada publishes in the Canada Gazette.
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