OHTA.ca

Received Offence Notice of Major Defect in comm. Veh. under HTA 107 (11). Will it cost any points? As per HTA Reg. O. Reg. 339/94 DEMERIT POINT SYSTEM I could not find this Sec. 107 (11) cost any points.

Does it means, no points?

Checked under ONTARIO REGULATION 199/07 under SCHEDULE 1 DAILY INSPECTION OF TRUCKS, TRACTORS AND TRAILERS, too but this specify the minor and major defects only.

Please help.

You can call the MTO and ask them about demerits as they will be best able to tell you.

No points on the driver's licence...3 CVOR points to the company

Thanks ShrekTec and screeech.

You are right.

But here in this case, on the offence notice, charged under 107 (3)

and it cost 2 points under Conviction Code Table

Thanks

Original post says (11), not (3), so yes 2 cvor points...

Sorry my mistake. there were two tickets, one to driver, one to company (CVOR)

Driver charged with 107 (11) and Company charged with 107 (3)

That makes perfect sense...May I ask what the major defect was?

oh! officer did not provide any inspection report. he just ask the driver to put the truck in drive (first) gear. Driver did that. The truck did not move and then officer asked the driver to press the accelerator, the truck moved when the accelerator was pressed. Officer not tell anything that what the defect is. Is there anything that can be debated on this?

Sounds to me like it was for an improper braking system...if it was an inspection done by a qualified cmv inspector, the driver would have been given a copy of an inspection report...

The CVIR (commercial vehicle inspection report) is not always given on scene.

Lets not forget you don't have to be commercial certified to perform a test of the parking brake or simple braking system test.

There is no reason not to give a cvir on scene by a certified inspector...they can be done by hand written form or computer generated, either way, the driver can be, and should be, given a copy on scene...and I did not forget you don't have to be a certified inspector to test the parking brake...

But no inspection report was provided afterwards also. Officer just tear off the top white page (original copy- since log book has duplicate yellow copy along with the original) from the log book and took that original copy with him.

They are not suppose to take any copy of the log book...they can make copies if they need, but they are not suppose to take copies with them...

Is there any legal provision can be offered for this? How this will be proved or say in the court that a police officer can not or not suppose to take any copy of the log book.

Please provide your opinion.

Thanks

No...just proper procedure...nothing in law...if you dropped in to any mto scale and asked any of the officers they would tell you they don't seize them, even if there was a log book violation they don't seize them, they do take lots of photocopies though...I suppose you could track down the officer and ask him for it back as you need to keep it in the Carrier's records...One copy to the Carrier, one copy stays in the log book...the driver was not charged with a log book violation therefore it is of no real evidentury value to a major defect charge...I doubt it is anything the officer can get into trouble over, lots of them do it...it would be an educational thing...he is obviously not cvsa trained...