The Rural Voice, 1993-02, Page 22Professionally Speaking
Ontario trucking laws and farm operations
BY BILL KMET
There arc many truck -related laws
in Ontario which may apply to farm
operations.
In determining which Ontario laws
apply to a particular farm operation,
you must first identify (a) the type of
vehicle you arc using (a five -tonne
truck, a two -axle livestock truck, a
tractor -trailer combination, etc.), (b)
the registered gross weight of these
vehicles and (c) the type of operation
(arc you carrying your own goods or
the goods of another person for
compensation).
Definition of a commercial motor
vehicle
A half -tonne or three -quarter -
tonne pickup truck, cube van, live-
stock truck or a tractor trailer com-
bination are examples of commercial
motor vehicles. However, by defini-
tion, farm tractors and self-propelled
implements of husbandry — a
vehicle manufactured or recon-
structed for a specific farm use — arc
not commercial motor vehicles.
Three specific rules affecting
farmers
The following requirements affect
any person who operates a
commercial motor vehicle registered
for more than 4,500 kg.
i) the CVOR System: Every
operator of such a vehicle must be
registered in the Ministry of
Transportation's Commercial Vehicle
Operator's Registration (CVOR)
system. There is no charge to
register. To register, obtain an
application form from any ministry
Drivers and Vehicles Office. (Con-
sult the blue pages of your telephone
directory for the nearest location.)
The original or a copy of the CVOR
certificate must be carried in your
vehicle at all times.
ii) "Hours of work" (legally known
as "hours of service"): This limits
the number of hours that a person can
"drive" up to 13 hours within a 15
hour period of "on -duty" time. "On -
duty" time includes such activities as
loading, unloading or waiting at a
truck inspection station as well as
actual driving a vehicle.
18 THE RURAL VOICE
iii)Trip Inspections: Similarly, a
driver of a commercial motor vehicle
registered for more than 4500 kg
must inspect his or her vehicle before
a vehicle's first trip of the day.
Notes:
a) Farmers are exempt from items
ii) and iii) above if the vehicle is a
two- or three -axle vehicle used to
transport primary products of a farm
produced by the driver of that vehicle
or the driver's employer.
b)While you may be still be
subject to the hours of service and the
When is a
commercial motor
vehicle
not a
commercial motor
vehicle?
trip inspection rules, you are exempt
from the paper work burden (the
actual log book and the trip report) if
you do not drive beyond a radius of
160 km of your work location.
Other legal requirements affecting
farm operations
i) Mandatory periodic commercial
vehicle inspection program: All
commercial motor vehicles —
including trucks, truck tractors,
trailers and trailer converter dollies
— registered for more than 10,000
kg. must be inspected annually. Note
that this minimum figure drops to
4,500 kg. on January 1, 1994.
ii) For -hire legislation: Ontario's
Truck Transportation Act (TTA)
contains rules for those situations
where another person pays you to
transport their goods. Full
exemptions from the TTA — a) if
you use a two- or three -axle
commercial motor vehicle (with no
trailer) to carry farm products for
another person, you are exempt from
the TTA. Also, you are exempt from
the TTA if you are transporting
products for the Ontario Milk
Marketing Board or wheat as an
agent of the Ontario Wheat
Producers' Marketing Board in a
commercial vehicle registered to your
name.
Partial exemption from the TTA
— all TTA licence holders may
transport most fertilizers during
April, May and June in a commercial
vehicle that is not a tank vehicle.
iii)Dangerous goods legislation:
Farm operations may be affected by
the federal and provincial dangerous
goods laws and regulations. In most
cases, a farmer is exempt while
transporting dangerous goods from a
retail store to a farm or the field
where the goods will be used.
For detailed instructions on
transporting pesticides, refer to the
"Grower Pesticide Safety Course"
booklet available from the Ontario
Pesticides Education Program, c/o
Ridgetown College of Agricultural
Technology, Ridgetown, Ont. NOP
2C0.
iv)Driver's licences for farm
operations: A valid Ontario driver's
licence is needed to drive a motor
vehicle on a highway. You may
drive a farm plated Class "D" vehicle
with a Class "G" driver's licence
provided that you are not transporting
someone else's goods for
compensation.
For further information
The Ministry of Transportation
produces a booklet entitled "Farm
Vehicles on Ontario's Highways"
which contains further information on
driver's licences, size of farm
vehicles and lighting requirements.
To obtain a copy, or to seek answers
to any specific questions, contact any
ministry Drivers and Vehicles Office
(consult the blue pages of your
telephone directory).0
Professionally Speaking is a monthly
column featuring a different expert
each month. This column is provided
by Bill Kmet, Manager, Operational
Policy and Standards Office, Ontario
Ministry of Transportation.
I