Newsletter November – 2022
There is a lot to report on for the 2022 season and I will do my best to provide all that is happening in the towing industry.
Ontario: The MTO is continuing to have stakeholder meetings with towing industry and others to establish consumer protections, training and certification for drivers and other industry protections. As previously reported, the Towing and Storage Safety and Enforcement Act will be critical in eliminating chasing and elevate the industry to a much more acceptable and respected service.
In consideration of training the CTA met via zoom with the MTO to discuss a Training Standard for new hires. We shared information and provided the MTO with the CTA/DriveWise Training Standard for entry level drivers. We are doing everything we can to initiate an simple effective entry level training program on the internet that will provide the required training at low cost and easily accessible over the internet.
It is expected that the registration, certification (licensing process) will begin by early summer in Ontario.
Manitoba, Saskatchewan and British Columbia: Members of the towing industry within these provinces continue to be financially abused by these government sanctioned insurance providers. Recently MPI restructured their contracts for the towing industry and if you refuse to sign the contract they either won’t pay for the call or they will pay you under the old contract both of which is sub-cost to say the least. Watch our website for more details on what your actual cost to provide services is. You will be surprised!
The following is a letter on the Electronic Logging Devices and Hours of Service as it applies to the towing industry.
General Information: Ontario’s Electronic Logging Device Mandate
As a general guide for provincial Electronic Logging Device (ELD) requirements in Ontario, ELDs will be required for drivers of commercial motor vehicles who are required to use logbooks under Hours of Service (HoS) requirements in Ontario today. There is no change to current drivers that are required to follow HoS requirements; no change to the current drivers that are required to carry and maintain a logbook, and no change to the current HoS limits.
Tow Trucks: Used for Purposes of Towing
Tow trucks (used for the purpose of towing) are currently exempt from Hours of Service regulation and therefore, will not require an ELD.
As outlined in Ontario Regulation 419/15, a tow truck means:
- A motor vehicle commonly known as a tow truck;
- A commercial motor vehicle with a flatbed that can tilt to load and that is used exclusively to tow or transport other motor vehicles; and
- A motor vehicle that is designed, modified, configured or equipped so that it is capable of towing other motor vehicles.
Tow Trucks: Moving General Freight
A driver of a tow truck that is not used for the purpose of towing and is moving general freight is subject to Hours of Service requirements (and may be required to use an ELD – subject to application and exemption criteria).
The following commercial motor vehicles (CMVs) are exempt from using ELDs:
- A CMV driven by a driver within 160 km radius of where they began their day and that returns to the same location at which the driver began*.
- A school bus.
- A bus is temporarily exempt until July 1, 2023, after which time a certified ELD is required.
- A CMV operated by an operator under a certificate issued under section 191 of the Act.
- A CMV that is the subject of a rental agreement of no longer than 30 days that is not an extended or renewed rental of the same vehicle.
- A CMV manufactured before model year 2000.
- A CMV being driven for the purpose of sale or lease by a person in the business of selling, leasing or transporting vehicles, so long as the vehicle is unladed and is not drawing any other vehicle, other than an unladen motor vehicle with one or more sets of wheels on the surface of the roadway (such as drive-away/tow-away operations).
*Please note that Ontario’s ELD mandate does not provide an exemption for drivers who rarely or infrequently operate outside of the 160 km radius and when operating outside of the 160km an ELD will be required.
Where required ELDs must be included on the list of devices which are certified by Transport Canada. Transport Canada is responsible for publishing a list of certified ELDs and providing information on the certification process, as well as accrediting third-party certification bodies. Approved devices can be found on Transport Canada’s website as they become certified: https://www.tc.gc.ca/en/services/road/electronic-logging-devices.html.
To provide flexibility to operators, an education and awareness period has been implemented until January 1, 2023 without penalties.
For additional information concerning Ontario’s ELD mandate (including application and exemption criteria) please refer to the Electronic Logging Devices Webpage: https://www.ontario.ca/page/electronic-logging-devices-commercial-motor-vehicles
The attached Information Pamphlets (EN/FR) contain helpful information and resources regarding Ontario’s ELD mandate and may be distributed.
Questions related to the implementation of Ontario’s ELD mandate may be directed to Commercial Safety and Compliance Branch of the Ontario Ministry of Transportation at email@example.com.