Highway Traffic Act, R.S.O. 1990, c. H.8 (section subset)

Section 16§Sections Commercial motor vehicles

Definition, ss. 16-22

(1) In this section and in sections 17 to 22,

“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. 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); 2009, c. 5, s. 5; 2014, c. 9, Sched. 2, s. 3 (1); 2015, c. 27, Sched. 7, s. 5 (1).

CVOR certificate required

(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).

Same

(2.1) No person shall hold themselves out to be the holder of a CVOR certificate unless the person is the holder of a CVOR certificate. 2015, c. 27, Sched. 7, s. 5 (2).

Documents to be carried

(3) Every driver of a commercial motor vehicle shall carry,

(a) the original or a copy of the CVOR certificate issued to the operator of the vehicle or, if it is a leased vehicle, the original or a copy of the lease that meets the requirements of subsection (5);

(b) if the operator has been issued fleet limitation certificates, the fleet limitation certificate; and

(c) any other prescribed document, in its original form or as a copy, as prescribed. 2014, c. 9, Sched. 2, s. 3 (2); 2019, c. 15, Sched. 18, s. 4.

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).

Requirements for lease

(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 operator’s CVOR certificate. 2002, c. 18, Sched. P, s. 3 (6).

(6), (7) Repealed: 2002, c. 18, Sched.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

Section 192§Sections Liability for loss or damage

(1) The driver of a motor vehicle or street car is liable for loss or damage sustained by any person by reason of negligence in the operation of the motor vehicle or street car on a highway. 2005, c. 31, Sched. 10, s. 2.

Same

(2) The owner of a motor vehicle or street car is liable for loss or damage sustained by any person by reason of negligence in the operation of the motor vehicle or street car on a highway, unless the motor vehicle or street car was without the owner’s consent in the possession of some person other than the owner or the owner’s chauffeur. 2005, c. 31, Sched. 10, s. 2.

Same

(3) A lessee of a motor vehicle or street car is liable for loss or damage sustained by any person by reason of negligence in the operation of the motor vehicle or street car on a highway, unless the motor vehicle or street car was without the lessee’s consent in the possession of some person other than the lessee or the lessee’s chauffeur. 2005, c. 31, Sched. 10, s. 2.

Consent of lessee

(4) Where a motor vehicle is leased, the consent of the lessee to the operation or possession of the motor vehicle by some person other than the lessee shall, for the purposes of subsection (2), be deemed to be the consent of the owner of the motor vehicle. 2005, c. 31, Sched. 10, s. 2.

Liability of operator of commercial motor vehicle

(5) In addition to any liability of an owner or lessee incurred under subsection (2) or (3), the operator of a commercial motor vehicle is liable for loss or damage sustained by any person by reason of negligence in the operation of the commercial motor vehicle on a highway. 2005, c. 31, Sched. 10, s. 2; 2014, c. 9, Sched. 2, s. 43.

Joint and several liability

(6) The driver, owner, lessee and operator that are liable under this section are jointly and severally liable. 2005, c. 31, Sched. 10, s. 2.

Application

(7) This section applies where the loss or damage was sustained on or after the day section 2 of Schedule 10 to the Budget Measures Act, 2005 (No. 2) comes into force. 2005, c. 31, Sched. 10, s. 2.

Same

(8) This section, as it read immediately before the day section 2 of Schedule 10 to the Budget Measures Act, 2005 (No. 2) comes into force, continues to apply where the loss or damage was sustained before that day. 2005, c. 31, Sched. 10, s. 2.

Section 193§Sections Onus of disproving negligence

(1) When loss or damage is sustained by any person by reason of a motor vehicle on a highway, the onus of proof that the loss or damage did not arise through the negligence or improper conduct of the owner, driver, lessee or operator of the motor vehicle is upon the owner, driver, lessee or operator of the motor vehicle. 2005, c. 31, Sched. 10, s. 3.

Application

(2) This section does not apply in cases of a collision between motor vehicles or to an action brought by a passenger in a motor vehicle in respect of any injuries sustained while a passenger. 2005, c. 31, Sched. 10, s. 3.

Same

(3) This section applies where the loss or damage was sustained on or after the day section 3 of Schedule 10 to the Budget Measures Act, 2005 (No. 2) comes into force. 2005, c. 31, Sched. 10, s. 3.

Same

(4) This section, as it read immediately before the day section 3 of Schedule 10 to the Budget Measures Act, 2005 (No. 2) comes into force, continues to apply where the loss or damage was sustained before that day. 2005, c. 31, Sched. 10, s. 3.

Definition

(5) In this section,

“motor vehicle” includes a street car. 2014, c. 9, Sched. 2, s. 44.