MTO Memo Outlines Inclusion of HoS Out-of-Service Declarations into Highway Traffic Act Regs Starting Jan 1  

In a memo received today, OTA was advised by the Ministry of Transportation (MTO) that effective January 1, 2023, select out-of-service (OOS) declarations will apply to specific hours-of-service violations. The changes will be included in Amendments to Section 190 (6.1) and (6.2) of the Highway Traffic Act and to O. Reg. 555/06 (Hours of Service)

The memo also highlights that:

“The changes strengthen enforcement by providing officers with an additional tool to deal with non-compliant drivers and carriers and set a clear legal obligation under the Highway Traffic Act for the driver and the operator (carrier) for whom the driver works to comply with the out of service notice.”

“The changes are consistent with the federal Commercial Vehicle Drivers Hours of Service Regulations and with the national inspection criteria, policy and procedures currently used by Ministry of Transportation enforcement officers and police.”

“Use of these out of service declarations by Ministry of Transportation enforcement officers and police against non-compliant commercial motor vehicle drivers and carriers will contribute to improved road safety for all road users. Addressing non-compliance will contribute to fairness and level competition for truck and bus competitors”.

For complete details of the memo, including how OOS declarations will be identified on Commercial Vehicle Inspection Reports – as well as roles and responsibilities of drivers and carriers with respect to OOS – click here:

HOS memo-OOS-Dec16_public

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