MTO to again use GPS-Satellite records for audit enforcement

TORONTO — Beginning the first of July, the Ontario Ministry of Transportation (MTO) will begin phasing in the use of satellite records for enforcement purposes, the Ontario Trucking Association reports.

The new policy applies only to the use of GPS records in the Facility Audit for scoring purposes only and not for investigations or compliance verifications that may result in enforcement action.

OTA President David Bradley greeted the news with disappointment saying, "OTA had hoped that MTO would hold off on using satellite records until they had put in place a policy framework for the mandatory use of Electronic On Board Recorders (EOBRs)."
(The U.S is working on a mandatory EOBR rule, and most Canadian provinces are expected to follow suit). 

In August 2008, MTO implemented a moratorium regarding the use GPS/Satellite records as supporting documents in the Facility Audit scoring evaluation for the Hours of Service Profile.

OTA strongly supported MTO’s decision to implement the moratorium and insisted it remain in place until MTO moves to a universal EOBR mandate because the "use of satellite records to enforce HOS compliance creates an uneven playing field between carriers that use satellite technology and those that do not, exposing those carriers who use the technology to a higher degree of enforcement scrutiny."

MTO will once again use satellite records to
enforce HOS in advance of a Canadian EOBR rule.

At the same time, MTO was in the process of developing a new, modernized facility audit protocol (in place as of April 1, 2009)  and evaluating the potential impacts of using satellite tracking records as a “time marker” on the scoring of the hours of service portion of the driver profile of the “new” facility audit.

MTO then indicated it would make a determination whether the use of satellite records would resume based on the results of the study.

Regardless, MTO will phase back in the use of GPS/satellite records over the objections of the OTA.

According to the trucking association, MTO has tried to address carriers’ by having the new policy take into account overall CVOR violation rate (OVR) to determine whether and when GPS records would be required.

OTA reports that this three-phased approach will work as follows:

Phase I: No GPS records will be used in any Tier 1 or Tier 2 Audits until June 30, 2009. (Tier I Audits are CVOR system generated enforcement audits triggered once a carriers overall violation rate exceeds 50 percent of its allowable threshold).

Phase II: As of July 1, 2009, GPS records will be used only for Tier I Audits. And from July 1, 2009 to December 31, 2009, GPS records will not be used for Tier II Audits.

Phase III: Starting January 1, 2010, GPS records will be used in all tiers of Facility Audits in accordance with new auditor guidelines that are still under development.