Fight Truck Driver Speeding Tickets and CVOR Tickets

Responsibilities of carriers/operators

A carrier or operator has the responsibility of ensuring their fleet is being operated in a safe and appropriate manner. A carrier is responsible for:

• The condition of the commercial motor vehicle. The carrier must:
• Keep vehicles in a safe condition at all times
• Keep travel records
• Ensure the vehicle’s maintenance records are kept for the appropriate period of time
• Ensure inspections are completed annually/semi-annually

• The conduct of the truck driver. The carriers must:
• Employ qualified drivers
• Monitor the safety of drivers
• Monitor the hours of drivers
• Provide appropriate training
• Remedy any driver issues
• Securing cargo
• Maintaining the CVOR certificate
• Ensure contact information is up to date
• Renew the CVOR certificate before expiry

When commercial vehicle drivers behave in an unsafe or irresponsible way, the carrier will likely be penalized too. For example, a carrier may receive tickets or charges for permitting a driver’s actions or inactions. Examples include:

1. If a commercial driver does not complete or surrender a document, the carrier may be issued a ticket for failing to ensure performance standards are met. 
2. If a commercial driver’s license expires, a carrier may be issued a ticket for permitting an unlicensed person to drive a commercial motor vehicle

In both examples above, the driver of the commercial vehicle would likely receive a ticket as well. If the driver’s ticket had 3 CVOR points and the company’s ticket had 3 CVOR points, the company would receive 6 CVOR points from this single incident. 

How do CVOR tickets differ from other tickets?

If you are the driver of a commercial motor vehicle and you receive a traffic ticket, there could be both demerit points and CVOR points associated with the charge. If you are convicted of a CVOR ticket, it will also go on your driving record and affect your ability to get or remain employed as a professional truck driver.

How do I know how many CVOR points I will get for a ticket?

If you receive a traffic ticket while driving a commercial motor vehicle, it is safe to assume there will be repercussions. Professional truck drivers must take extra precaution to protect their driving records as their livelihood and ability to feed their family depends on it. 

Tickets with CVOR concerns have a range of CVOR points from 0-5. Even if a ticket does not have demerit points, it may still have CVOR points, and vice versa. The MTO commonly issues charges to commercial vehicle operators for the following:

Do violations received at a scale go on my CVOR and driving record?

Typically, tickets issued at a scale have CVOR points. Frequently issued tickets include tickets for an insecure load, log book violations, or performance standard violations. It is also common to see tickets issued to a truck driver when they fail to stop a commercial vehicle at the scale when the lights are flashing. All these tickets, if you are found guilty, will go on your CVOR and driving record. 

If I get a ticket for violating the Fuel Tax Act, will it have CVOR points?

There are many charges under several Acts that may have CVOR points. Although the most commonly issued charges for professional truck drivers are issued under the Highway Traffic Act, drivers and carriers may receive CVOR points for tickets under the following Acts:

• Compulsory Automobile Insurance Act

• Fuel Tax Act

• Dangerous Goods Transportation Act

• Environmental Protection Act

• Highway Traffic Act

Where do the CVOR points go?

If you do not own any commercial vehicles and do not have a Commercial Vehicle Operators Registration (CVOR) certificate, the CVOR points will go on your employer’s CVOR record. Your employer is referred to as the carrier or operator. Even if the ticket is in the driver’s name, the owner of the commercial vehicle and holder of the CVOR certificate will get the CVOR points. If the fleet accumulates too many CVOR points, the carrier’s safety rating will be affected. If the CVOR certificate holder’s safety performance doesn’t meet Ontario’s standards, the company could face sanctions, including:

• facility audits
• fleet size limitations
• plate seizure
• suspension or cancellation of their operating privileges

If a driver simply pays a ticket and doesn’t tell their employer, they may face sanctions of their own. If a driver’s employment contract dictates that the driver informs the employer about any traffic tickets they receive and the driver fails to do so, the driver may even be terminated from their job. A professional truck driver with tickets on their driving record may find it hard to get a new job. A driver’s employment may be terminated when the company discovers the CVOR or demerit points on their record. It is important to note that CVOR points are not listed on a traffic ticket. You may, however, see your employer’s CVOR certificate number on your traffic ticket.

How long do CVOR points stay on my record?

CVOR points stay on your CVOR abstract for 5 years from the date of conviction. They are, however, only used for corrective action for 2 years from the date of conviction. This means that if you are found guilty of a ticket with 5 CVOR points, these points will be visible on the CVOR certificate holder’s abstract for 5 years, but any sanctions imposed by the Ministry will be imposed within 2 years from the date you were convicted. Since accumulating CVOR points leads to sanctions by the Ministry of Transportation, a carrier may decide to terminate the employment of a driver that has accumulated CVOR points. This does not mean the CVOR points will be removed from the carrier’s CVOR record, however it does mean that the driver will have a harder time finding new employment due to their history of driving related convictions. Some employers may require a driver to be conviction-free to be considered for employment. Since the carrier or company incurs the penalties for too many CVOR points, a driver with previous tickets may seem like too high of a risk to the company.

How many CVOR points is a carrier allowed to accumulate?

A carrier’s number of allowable CVOR points varies and is based upon several different factors, including fleet size. The MTO uses the CVOR system to calculate a carrier’s violation rate. A carrier will face sanctions by the Ministry of Transportation if their violation rate is too high.

Violation rate

Violation rates are calculated using the information on a carrier’s CVOR record over a 2-year (24 month) period. Collisions and convictions are considered and compared to the threshold of a carrier’s kilometric rate of travel. For inspections, a carrier’s total point accumulated are compared to the threshold points based on the number of drivers and vehicles in the fleet. These thresholds are combined to get the carrier’s overall violation rate. Collisions and convictions are weighted double to inspections. A violation rate is converted onto a percentage of the carrier’s threshold.

Why a carrier’s safety rating is so important

A carrier’s safety rating is available to the public and includes information about the carrier fleet’s performance. The MTO keeps a “List of Excellent Carriers” on their website for the public, insurance companies, and shippers to see. If a shipper wants to ensure the commercial vehicle carrier has a history of safety and compliance, they will seek a trucking company listed here instead of taking their chances on a carrier without proven performance.

Is an MTO Enforcement Officer the same as a Police Officer?

An MTO Enforcement Officer is not the same as a Police Officer. Both officers are Peace Officers, however an MTO enforcement officer does not have the same level of training as a Police Officer. A police officer can become an MTO enforcement officer, however an MTO enforcement officer cannot become a police officer without additional training and credentials. It is important to note that both officers can issue traffic violations to truck drivers, including tickets with CVOR and demerit points.

MTO Enforcement Officers

An MTO enforcement officer, or Transportation Enforcement Officer (TEO), is a trained professional with expertise in commercial vehicle safety. The main duties of TEO’s are:

• To inspect commercial vehicles, including trucks, at truck inspection stations and during mobile patrolling, and to remove unsafe and dangerous vehicles and their drivers from Ontario’s highways
• To educate and promote safety and compliance
• To work with other enforcement agencies to achieve a collective goal of superior road safety
• To conduct audits on carriers/companies to ensure compliance
• To attend collisions involving commercial motor vehicles
• To remove unsafe vehicles/drivers from our roads and issue warnings, tickets, and summonses for non-compliance
• To investigate and inspect commercial vehicle repair facilities to and to ensure their adherence to the regulations
• To participate in commercial vehicle safety initiatives across the province and internationally

The duties of MTO enforcement officers are not limited to commercial motor vehicles. An MTO enforcement officer can stop any motor vehicle at any time to ensure the driver is complying with the Highway Traffic Act and the Compulsory Automobile Insurance Act. However, most MTO officers focus on the safety and driving behaviour of commercial vehicles. An TEO’s vehicle is also equipped with radar to assist the officer in enforcing speed limiter legislation.

Can I get a copy of my company’s CVOR abstract?

There are different levels of CVOR abstracts in Ontario, each with varying amounts of information available to the requestor. You can request a copy of any of the following documents on the Ministry of Transportation’s website:

Level I – Public CVOR Abstract

A driver or member of the general public can obtain a copy of a company’s CVOR abstract, which is a 2-year summary of the carrier’s record. This is called a Level I Abstract. 

Level II – Carrier CVOR Abstract

A carrier may obtain a copy of the company’s CVOR abstract for a variety of reasons. They may routinely request their company’s CVOR abstract as part of the company’s internal safety and compliance standards or when a problem arises with a driver. A carrier requested CVOR abstract is called a Level II Abstract. The Carrier CVOR Abstract includes information recorded over the previous 2 years. 

CVOR Driver Abstract

This document is a 5-year record of a driver’s CVOR history. It includes records of collisions and convictions. It also includes safety records associated with inspections and will detail any related safety violations a driver has had during the previous 5-year period. The driver’s license status and the driver’s medical due date are included on the CVOR Driver Abstract.

What tickets and points go on a CVOR Abstract?

A CVOR Abstract is a recording of the driver’s or carrier’s behaviour over a specific period of time, usually 2-5 years. 

A driver’s CVOR abstract will include records of reportable accidents, both within Ontario, Canada, and out-of-province. These accident reports also contain information about whether a driver was issued a ticket relating to the incident. Points are assigned for reportable, at-fault accidents, and the amount is based on the severity of the accident and whether injuries were involved. Even if a driver was not charged or convicted of a traffic offence, points may still be assessed on the CVOR record. A collision where the driver was not at fault and no safety concerns were noted are also included on the CVOR abstract, but no points are assigned. 

All traffic violations that a driver is found guilty of (convictions) in Ontario will be on the driver’s CVOR abstract, with points assigned based on the severity of the incident. Out-of-province convictions are recorded using the information obtained by the MTO’s Canada-wide data exchange system. Out-of-province convictions appear on Level II Abstracts.

Inspections conducted according to North America’s Commercial Vehicle Safety Alliance (CVSA) where any issues are discovered will appear on the CVOR abstract. Issues can include defects, out-of-service hour violations, and safety violations that require the vehicle to be impounded. 

CVOR Ticket FAQs

CVOR Ticket Resources

• CVOR Points And Why They Are Important To Understand
• Speeding Ticket for Professional Truck Drivers
• Traffic Offence Penalties for Commercial Drivers in Canada
• Speed Limiters For Ontario Commercial Motor Vehicles
• How To Get CVOR Abstract Online