Ontario speed limiter law on the books; Jan. 1 start date

QUEEN’S PARK, Ont. — It’s official. The Ontario government has published rules requiring all commercial trucks operating in the province, regardless of where the vehicle is base-plated, to set engine speeds no higher than 105 km/h or 65 mph.

The Highway Traffic Act notice also confirms a todaystrucking.com report from last month, which revealed the educational period for the regulation will kick-in on Jan. 1, 2009. That "soft enforcement" period will be in effect for six months.

As reported, Quebec is targeting the same date to implement its own speed limiter legislation.

The final regulation will be published in the Ontario Gazette later this month.

There are no real surprises in the final wording of the regulation. As expected, the rule affects all trucks over 26,000 pounds in the province with an electronic control module (ECM), a microchip that restricts fuel fed to the engine through acceleration. Typically, truck engines made after 1995 are equipped with an ECM.

There are few exceptions. Trucks — mainly municipal or utility vehicles — may be exempt in emergency situations. As are individual drivers who lease equipment for 30 days or less for the transportation of personal goods.

Also, commercial vehicle is exempt if it is "equipped with an equally effective system, not dependent on the electronic control module, that allows limitation of vehicle speed, remotely or not, but does not allow the driver to deactivate or modify the system in Ontario."

The ECM itself must be in good working order and shall contain data that accurately corresponds with any component or feature it is linked to, such as information regarding the tire rolling radius, axle gear ratio, and transmission gear ratio.

Truckers will be in violation if the data transmitted to the ECM is found to contain inaccurate information on vehicle’s actual speed or RPMs.

As we reported recently, it seems that all ECM-related information is up for grabs by enforcement personnel. The rule apparently allows inspectors unfettered access to hundreds of vehicle parameters and setting in the ECM beyond just vehicle speed.

Many larger fleets support the rule, while small carriers and most owner-ops oppose it, although vocal complaints seem to have subsided in recent months.

The U.S. based Owner-Operator Independent Drivers Association (OOIDA) vows to press on in its battle to have the rule revoked. The group is preparing a federal legal challenge, arguing mandatory speed limiters violate NAFTA as it puts Ontario on a competitive island.

The full Highway Traffic Act notice can be accessed here (scroll two-thirds down the page to ‘Speed Limiting Systems’).