Commercial Motor Vehicles, Definitions, Sect. 16

Commercial motor vehicles

Definitions, ss. 16-23.1

16. (1) In this section and in sections 17 to 23.1,

"commercial motor vehicle" does not include,

(a) a commercial motor vehicle, other than a bus, having a gross weight or registered gross weight of not more than 4,500 kilograms, an ambulance, a fire apparatus, a hearse, a casket wagon, a mobile crane, a motor home or a vehicle commonly known as a tow truck,

(b) a commercial motor vehicle leased for no longer than thirty days by an individual for the transportation of goods kept for that individuals personal use or the gratuitous carriage of passengers,

(c) a commercial motor vehicle operated under a permit and number plates issued under a regulation made under clause 7 (24) (g) or (h) that is not transporting passengers or goods,

(d) a commercial motor vehicle operated under the authority of an In-Transit permit, and

(e) a bus that is used for personal purposes without compensation; ("vehicule utilitaire")

"compensation" includes any rate, remuneration, reimbursement or reward of any kind paid, payable or promised, or received or demanded, directly or indirectly; ("r©mun©ration")

"CVOR certificate" means a Commercial Vehicle Operators Registration Certificate issued under this Act; ("certificat dimmatriculation UVU")

"goods" includes all classes of materials, wares and merchandise and livestock; ("biens")

"operator" means the person directly or indirectly responsible for the operation of a commercial motor vehicle including the conduct of the driver of, and the carriage of goods or passengers, if any, in, the vehicle or combination of vehicles; ("utilisateur")

"safety record" means the safety record of an operator determined in accordance with the regulations; ("fiche de s©curit©") R.S.O. 1990, c. H.8, s. 16 (1); 1994, c. 27, s. 138 (8); 1996, c. 33, s. 1; 2002, c. 18, Sched. P, s. 3 (1-3).

(2) No person shall drive or operate a commercial motor vehicle on a highway unless the operator is the holder of a valid CVOR certificate. R.S.O. 1990, c. H.8, s. 16 (2); 2002, c. 18, Sched. P, s. 3 (4).

Documents to be carried

(3) Every driver of a commercial motor vehicle shall carry the original or a copy of,

(a) the CVOR certificate issued to the operator of the vehicle; or

(b) the lease of the vehicle meeting the requirements of subsection (5) if it is a leased vehicle,

(c) Repealed: 2002, c. 18, Sched. P, s. 3 (5).

and where the operator has been issued fleet limitation certificates, a fleet limitation certificate. R.S.O. 1990, c. H.8, s. 16 (3); 2002, c. 18, Sched. P, s. 3 (5).

Documents to be surrendered

(4) Every driver of a commercial motor vehicle shall, upon the demand of a police officer, surrender for inspection the documents that are required under subsection (3) to be carried. R.S.O. 1990, c. H.8, s. 16 (4).

(5) Every lease carried under subsection (3) shall clearly identify the vehicle involved, the parties to the lease and their addresses, the operator of the vehicle and the operators CVOR certificate. 2002, c. 18, Sched. P, s. 3 (6).

(6), (7) Repealed: 2002, c. 18, Sched. P, s. 3 (6).