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Distracted driving to carry heavy fines in Ontario

Lindsey Cole
Distracted driving to carry heavy fines in Ontario

While the ramifications that result from distracted driving may not go on a construction company’s Commercial Vehicle Operator’s Registration (CVOR) record just yet, the driver behind the company vehicle isn’t immune to the fines and demerit points that are increasing as of Sept. 1.

Drivers in Ontario will soon face a minimum $490 fine and three demerit points if caught using their hand-held devices behind the wheel. It is all part of the Making Ontario Roads Safer Act.

Such is the reason why a group of health and safety organizations from across Ontario have joined forces at the Canadian National Exhibition (CNE) to raise awareness about the dangers of distracted driving in a campaign called "Promise to Focus on the Road."

Ken Rayner, vice-president, market development and labour relations with the Infrastructure Health and Safety Association (IHSA), says distracted driving applies to everyone, including companies with fleets and vehicles that are being used daily.

"You can see people driving commercial vehicles that have to do with fleets and they’ve got their cellphone to their ear or they are driving a company pickup truck and they are looking at their text message or looking at their emails," he explains. "When you’re driving behind a company vehicle, not only are you putting other peoples’ lives at risk, and your own life at risk, you may be jeopardizing your own employment. A large construction company, with their name plastered on the side of their vehicle is the originator of a collision because their employee was driving distracted, that’s bad news for that company."

According to a release from the IHSA, it is predicted that by 2016 more people will die from distracted driving than from drinking and driving. The Ontario Provincial Police state 73 people died in collisions related to distracted driving in 2014.

Visitors of the CNE can stop in at the distracted driving awareness booth on Princes’ Boulevard until Aug. 30 where they will have a souvenir photo taken and will be given lighted bracelets and information brochures. There will also be an interactive display. Visitors will also be asked to tweet about distracted driving they have seen using the hashtag #focusontheroad.

According to Patrick Mallen, manager of the carrier sanctions and investigation office with the Ontario Ministry of Transportation (MTO), there is currently a moratorium when it comes to these types of offences applying to companies who have CVORs, but come 2018 that could change.

According to the MTO, there are certain types of vehicles that require a CVOR. These vehicles include trucks with a gross weight or registered gross weight over 4,500 kg and buses with a seating capacity of 10 or more passengers. The CVOR system monitors an operator’s safety record over a two-year period and operators are responsible for all drivers and vehicles in their operation. The record contains operator information like the fleet size, kilometres travelled, commodity transported, overall violation rate, safety rating; convictions; reportable collisions; Commercial Vehicle Safety Alliance (CVSA) safety inspections; and ministry interventions such as letters, interviews, audits and sanctions. An operator will be reviewed when poor safety performance is identified based on the operator’s overall violation rate, the MTO explains.

"If they (drivers of commercial vehicles) were caught by either our officers…or the OPP, or even municipal forces, they can be convicted and there is a fine, but there are no points on the company’s CVOR record (currently). The only thing that won’t happen at this point is the points assigned to the CVOR record of the operator," Mallen explains.

"We’re not applying any points for any hand-held device type infractions until the moratorium ends on Jan. 1, 2018."

For Rayner it comes down to educating employees and making sure distracted driving is not tolerated.

"It could have significant repercussions on their business in two-and-half-years that they need to start looking at today. Do we have a policy on distracted driving? How effective is it? What do we need to do to change behavior now, so that well before 2018 we have changed the mindset," he states.

The safety groups involved with the "Promise to Focus on the Road" awareness initiative include Employment and Social Development Canada, the IHSA, Public Services Health and Safety Association, Workplace Safety and Prevention Services, Workplace Safety North, the Workplace Safety and Insurance Board, Canadian Automobile Association, Toronto Police Service, the Ministry of Labour, and the MTO.

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