“Safety Ratings, Commercial Motor Vehicle Operators Sect 17.1”

17.1 (1) The Registrar shall assign a safety rating to every operator in accordance with the regulations. 1996, c. 33, s. 3.

(2) Where the Registrar proposes to assign a safety rating to an operator for the first time or to change an operators safety rating, he or she shall notify the operator of the proposed rating by regular mail sent to the operators latest address appearing on the records of the Ministry. 1996, c. 33, s. 3.

(3) A notice under subsection (2) shall be deemed to have been received on the fifth day after it was mailed unless the person to whom notice is given establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the persons control, receive the notice. 1996, c. 33, s. 3.

(4) An operator may, within 30 days after being notified under subsection (2), submit to the Registrar documents, records and written submissions that may show cause why the Registrar should not assign the proposed safety rating to the operator. 1996, c. 33, s. 3.

(5) Upon the expiration of the 30-day period referred to in subsection (4) and consideration of any documents, records and submissions submitted under that subsection, the Registrar shall assign to the operator the proposed safety rating or a different rating. 1996, c. 33, s. 3.

(6) Despite the Statutory Powers Procedure Act, the Registrar shall consider the matter under subsection (5) by means of a written hearing unless the Registrar agrees to an oral or electronic hearing. 1996, c. 33, s. 3.

(7) The Registrar and the operator whose safety rating is under dispute are the only parties to the hearing and, unless they otherwise agree, the hearing shall be closed to the public. 1996, c. 33, s. 3.

(8) The safety rating assigned by the Registrar is final and binding and there is no appeal therefrom. 1996, c. 33, s. 3.

(9) The Registrar shall make the safety ratings of operators available to the public in the manner that the Registrar considers appropriate. 1996, c. 33, s. 3.

(10) No action or other proceeding for damages shall be instituted against the Registrar or any employee of the Ministry for any act done in good faith in the execution or intended execution of a duty under this section or for any alleged neglect or default in the execution in good faith of a duty under this section. 1996, c. 33, s. 3.

(11) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (10) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (10) to which it would otherwise be subject. 1996, c. 33, s. 3.