The Ontario Trucking Association (OTA) has asked the Ministry of Transportation (MTO) for assurances a new proposal to introduce Administrative Monetary Penalties (AMPs) for non-compliance across several commercial vehicle programs will have real teeth to be truly effective.
OTA says AMPs can be a useful enforcement tool in areas where there are currently limited options, particularly for some mid-range compliance issues. However, OTA cautions the proposal requires much more detail, and stronger safeguards to ensure AMPs are truly able to improve compliance outcomes and not slow down serious enforcement action against chronic and flagrant non-compliers.
Under the proposal, posted to Ontario’s Regulatory Registry, AMPs could potentially be used for non-compliance with:
- Towing Oversight;
- Facility Audit;
- Commercial Vehicle Operator’s Registration Program Oversight;
- Beginner Driver Education;
- Commercial Driver Training;
- DriveON Vehicle Inspection Centre Oversight;
- Select On-Road Enforcement Charges.
“MTO needs to clearly explain how AMPs will be operationalized, including how penalty values will be determined and applied consistently across the province,” said Stephen Laskowski, President and CEO of the OTA. “AMPs can help address compliance gaps, but they must not become an administrative step that delays decisive action when severe penalties are warranted for chronic non-compliance.”
Along with the proposed AMPs, MTO has also proposed publishing details of non-compliant companies such as: Name of the regulated entity; description of offence(s); Administrative penalty amount; Payment status; Dispute status (if applicable); and/or Certificate/permission status based on administrative penalty.
However, OTA is concerned that AMPs could simply become a “cost of doing business” for the worst actors if penalties are set too low, persisting the risk the safety of everyone on our roads. OTA also cautions that adding another mid-range enforcement step could introduce additional unnecessary bureaucracy and slow down MTO’s progressive discipline process, including the timely use of suspensions, cancellations, or other serious measures when warranted.
OTA says the Regulatory Registry proposal should be strengthened to address three core issues, including:
- More detail on how AMPs will be operationalized, including the criteria which will be used to determine penalty values and ensure consistent application;
- Assurances that AMPs will not delay or dilute serious enforcement action against chronic and flagrant non-compliers, or add processes that effectively buys violators more time before stronger sanctions are applied;
- If AMPs proceed, penalties must be severe enough to promote meaningful behaviour change and act as a real deterrent.
In the meantime, OTA Board of Directors will be developing a position on this issue at its next Board meeting.
The full proposal can be viewed here: https://www.regulatoryregistry.gov.on.ca/proposal/53493. MTO is accepting comments from the public on this topic through a form linked in the MTO posting.