MTO officers wrongly interpreting dangerous goods rule

TORONTO, (Aug. 25, 2004) — The Ontario Trucking Association is warning truckers that some Ontario Transport Ministry enforcement officers have been questioning the validity of Transportation of Dangerous Goods certificates issued by independent contractors.

The OTA has received complaints that some officers have taken the position that the certificate must be issued by the carrier for whom the contractor is working.

OTA is reminding truckers and carriers that such an interpretation of Part 6 of the Transportation of Dangerous Goods Regulations is incorrect. The Certificate must always be issued by the employer, and in the case of the independent contractor he/she is the employer.

The OTA says that this position has recently been confirmed by MTO officials, who say they will begin issuing the appropriate instructions to the enforcement officers.

OTA is asking carriers who continue to experience these problems to contact Barrie Montague at barrie.montague@ontruck.org.