MTO addresses concerns over more potent inspectors

TORONTO (Jan. 21, 2003) — The Ontario Trucking Association has begun the development of a protocol with the Ontario Ministry of Transportation that will help carriers deal with enforcement concerns after the passing of Bill 179, which gives inspectors increased powers in removing registration plates from trucks.

The bill, which will be applied to both Ontario and out-of-province carriers, gives inspection officers the ability to remove the plates for any violation, no matter how slight, of any aspect of not only the Highway Traffic Act, but also the Compulsory Insurance Act and the Public Vehicles Act. Previously, the Highway Traffic Act allowed for the removal of registration plates only for specific safety-related offences.

The OTA recently met with Peter Hurst, MTO’s director of carrier safety and enforcement branch, to discuss the changes and the possible recourse carriers have in disputing related charges.

“The Ministry appreciates industry’s concerns regarding officer authority provisions contained in Bill 179. However, we do not anticipate any change in how officers exercise their authority,” he told the OTA. ” … If the driver or carrier feels that they have been unfairly treated, it is appropriate to raise the issue formally with MTO by directly contacting the officer’s supervisor. If there is a view that a charge has been laid inappropriately, the charge can be contested through the courts. Compensation for plate removal may be sought through an associated civil action.”

However, Hurst added that the new protocol being drafted by the MTO and OTA will look at making such processes easier for carriers, and will discuss making overzealous inspectors more accountable for wrongly removing a plate. There is also a possibility, under the protocol, that carriers will be able to respond to the issue identified prior to plate removal.

Look for more of Peter Hurst’s Q&A interview with the OTA in the March issue of Today’s Trucking.