Ontario’s Commercial Vehicle Operator’s Registration Program

Presentation for IHSA May 7, 2015

Ministry of Transportation

The CVOR Program

Program goals – Promote compliance – Remove carriers that pose excessive risk – Create a level competitive industry – Provide carrier/public with information

Safety measurements – Collisions – Convictions – Inspections

Calculates numerical risk indicator – Safety violation rates

Original CVOR application – Unsolicited

Blank forms available – Web, faxback, CSIO office – CSIO request to apply

Pre-populated forms based on-road activity or other triggers

CVOR Renewal – As of December 2008, commercial vehicle operators

are required to renew their registrations every year – Pre-populated forms are system generated and sent

out by mail 60 days prior to expiry – Satisfactory/Excellent carriers rewarded for their high

performance with an extended renewal period (two years) – at time of processing

CVOR Applications

CVOR Test October 1, 2013, Ontario implemented the CVOR

written test as a prerequisite to obtaining a CVOR certificate

- One-time requirement for new Ontario-based CVOR applicants or those who have not held a valid CVOR within the previous 3 years.

- Completed by an owner/operator, partner or corporate officer at any Ontario DriveTest Centre – cost $32.

- Consists of multiple-choice questions based on the CVOS manual.

- Over 7,000 CVOR tests have been completed to date with a 50% failure rate.

Legislation • HTA Sec. 17 gives the Registrar authority to refuse to

issue a CVOR certificate based on the safety record of the operator or a related individual or corporation.

Follows a prescribed process

• Issue Notice of Refusal and offer opportunity to show cause (written submissions)

• Deputy Registrar issued decision • Refusal Order • Opportunity to appeal • LAT hearing conducted, Ministry and carrier advised of

decision

Refusal – the process

Detection

CVOR Monitoring

Convictions Report Maintenance

Roadside Data

Capture Inspections

E-Collision (new) for Ontario

Collisions

CCMTA Events

Collisions, Convictions and Inspections

Col-Net Ontario Collisions

Capturing Events

Safety Measures Collisions: 0 - 2 - 4 - 6 points Assign severity points only for improprieties Points are assigned to all reportable collisions if impropriety was

indicated

Convictions: 0 – 5 points Alignment with CCMTA pointing system Used results from predictive modeling to assign higher points to

conviction types that strongly relate to future collisions

Inspections: 1pt for the first OOS category + 2pts / for each additional All levels of inspections included (good and bad) Vehicle & Driver out of service defects are pointed #Vehicles & #Drivers are used in deriving #Units inspected

Safety Violation Rates

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53.2%

83%

(10/12)

25%

(4/16)

50%

(4/8) Convert Points To Percentages

for Collision, Conviction & Inspection Violation Rates

Points (Rate)

Combine the Collision, Conviction & Inspection Violation Rates

for the overall Safety Violation Rate

Intervention Model Threshold for Safety Rating & Control Action

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16 12

Collisions 40%, Convictions 40% & Inspections 20% 83 *0.40 + 25*0.40 + 50*0.20 = 53.2%

Collision & Conviction Thresholds are based on kilometric travel

Inspection threshold is based on number of units inspected Collision Profile Conviction

Profile Inspection Profile

4 4

Intervention Stages Safety Rating Overall

Violation Rate Intervention

Sat Sat-Unaudited 35%

Warning letter

Sat (P) Conditional (F) 50%

Tier 1 Audit

Conditional 70% Not an intervention stage

Conditional 85%

Interview

UnSat 100%

Sanction

* there are other key triggers that will prompt a review or sanction

Triggers & Safety Ratings • Non OVR triggers

– Chronic non-compliance – Significant on-road event – Non-payment of fines – Carrier operating during a suspension period

• Safety Ratings – Excellent few high performing carriers – Satisfactory passed audit – Satisfactory Un-audited vast majority of current

carriers – Conditional carries non-MTO financial impacts – Unsatisfactory Prohibited from operating

80% Effective in having the carrier improve their safety record

Issued to 4% of the trucking population every year

Warning Letter – 35%

Facility Audit – 50%

Tier Description Score 1 System generated 2 Re-Audits or Partial

Voluntary Deputy Registrar Request, etc.

3 Compliance Verifications

4 Investigations

What are the components of an MTO audit?

The three main elements (profiles) of a facility audit are: 1) Vehicle Maintenance

– Records current for a period of 24 months, or 6 months after the vehicle ceases to be operated

2) Hours of Service

– Records current for a period of 6 months

3) Driver Qualification, Records and Reporting – Records current for a period of 2 years, or from the date the driver

started with the company (if less), or 6 months after the driver ceases to be employed.

Hours of Service Profile Components: Drivers selected randomly 90% - QMOE - “risk based”

assessment of the driver’s reported hours. A “Quantified Margin of Error” is calculated to determine the percentage of hours in violation.

10% - Form and matter (Data Items)

Vehicle Profile Vehicles selected based on events Components: 40% - Detection, Reporting and Repair –

tracking the communication stream between operator and driver on a day to day basis

30% - Evaluating the operator’s Preventative Maintenance program

10% - Compliance with Annual Inspection requirements

20% - Location and Retention of Records

Qualifications, Records & Reporting

Components: Drivers selected randomly 60% - Qualifications 15% - Driver Abstracts 15% - Conviction Records 10% - Collision Records

Excellent Audit: The Audit Compliance Achieved (ACA) is greater than 80% and no

profile compliance rate is below 70% Passed Audit: The Audit Compliance Achieved (ACA) is greater than or equal to

55%, and all profiles are greater to or equal to 50% Failed audit: If any Profile Compliance Rate is below 50% or if the overall score of

55% is not achieved.

Facility Audit

General Background Operational

Problems/Contributing Factors Review Audit Results and

Actions Taken Accident Prevention Pre-Trip Inspection Hours of Work Discipline Programs Hiring Practices Safety Meetings/Training CVOR/Driver Abstract Reviews Unpaid Fines

Carrier Interviews – 85%

Sanction – The Process • Initiated by OVR or other trigger • Follows a prescribed process

– Freeze RIN/CVOR (prevent transfer of vehicles) – Issue Notice of Suspension or Cancellation and offer

opportunity to show cause – Hold show cause meeting – Deputy Registrar issued decision – Sanction ordered – If carrier appeals to LAT, sanction is stayed until hearing – LAT hearing conducted, Ministry and carrier advised of

decision – LAT decision can be appealed to Divisional Court (no

automatic stay of LAT order)

Commercial Motor Vehicle Products/Services

CVOR Level 1 Abstract

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CVOR Level 2 Abstract

CVOR Level 2 Abstract

CVOR Level 2 Abstract

CVOR Level 2 Abstract

CVOR Driver Abstract

Resources Commercial Vehicle Safety Operators

Safety Manual http://www.mto.gov.on.ca/english/trucks/pdfs/commerical-vechicle-operators-

safety-manual.pdf

E-Laws http://www.e-laws.gov.on.ca

Questions?

Ministry of Transportation Carrier Sanctions & Investigation Office

Jim Kirchner

(905) 704-2512 Jim.Kirchner@ontario.ca