A clean driving record is essential to your work as a CMV operator in Ontario. Suppose you are convicted of an infraction under the Highway Traffic Act. In that case, you run the risk of adding points to your commercial license, potential suspension of your registration certificate, and losing your job as a commercial vehicle driver.
Penalties for Commercial Drivers Convicted of Traffic Offences
The owners and operators of commercial vehicles have a shared duty to comply with federal and provincial safety regulations. If the vehicle is in poor condition, driver logs are incomplete or missing, or the driver commits a traffic offence, all parties face the consequences under the law.
Once a commercial driver has been ticketed, their Commercial Vehicle Operators Registration (CVOR) number is sent to the Ministry of Transportation. The Ministry has a list of offences and the corresponding number of CVOR points that will be applied against the commercial driver’s CVOR certificate. Too many CVOR points and the driver’s certificate will be suspended.
CVOR points may be assessed for many different commercial carrier violations, including:
- Traffic offences (such as speeding or DUI) involving commercial motor vehicles
- License violations (such as using a false CMV license or driving while suspended)
- Accidents involving commercial motor vehicles
- Loading violations (such as carrying too much cargo or failing to secure the load)
- Failed inspections of a commercial vehicle
- Non-compliance with Hours of Service Regulations
As you can see, drivers can be held accountable for conditions of their vehicles that may not be their fault. If you don’t fight the traffic ticket, you could be labeled a high-risk driver, given demerit points as well as CVOR points, and increase the carrier’s insurance premiums—all of which will put your job at risk.
A Driver’s Conviction Can Cause Problems for Carriers
Just as an operator has a CVOR record that reflects their driving history, carriers have CVOR records reflecting the company’s safety. If the driver and carrier are ticketed for the same offence, points will be assigned to both CVOR records.
Convictions for traffic offences are a significant factor in determining a carrier’s violation record and safety rating with the Ministry of Transport. Since a driver’s CVOR points directly affect the carrier’s reputation, employers are much less likely to hire drivers with traffic convictions.
Challenging The Charges Against A Truck Driver Or Carrier Can Help
Prevent the addition of CVOR points.
Some traffic tickets may be dismissed outright, preserving the driver’s record and the company’s safety rating.
Reduce the number of CVOR points.
A driver or company can be charged with multiple offences, each one with its corresponding point penalty. By fighting each charge individually, we can reduce the number of points assigned to the driver’s and carrier’s records. If possible, we can argue to modify the charges against you to a lesser offence with reduced CVOR points.
Avoid future problems.
The Ministry of Transportation is more likely to scrutinize operators and companies with poor safety ratings—especially those that do not contest their traffic tickets. Accepting a ticket may be seen as an admission of guilt, opening the driver and company up to audits or additional inspections that draw negative media attention.
Save high costs.
Conviction may result in several financial burdens, such as fines, victim surcharges, and higher insurance costs. If the case is not dismissed quickly, it could form the basis of a legal claim brought by victims, causing the carrier to lose business and pay high court fees.
Do You Need To Defend Yourself Against An Ontario Traffic Ticket?
If you need to defend your driving rights against an Ontario traffic ticket you should contact us as soon as possible. We have skill and experience in helping drivers just like you respond to a variety of traffic tickets and provide free, confidential consultations to empower you to fight your charges. We help drivers throughout Ontario including Kitchener, Georgetown, London, Windsor and from our home office in Cambridge. Contact us online or call us directly at 1.866.591.9206 or text us a copy of your ticket to 226-240-2480.
