SMOOTH ROCK FALLS – On January 28, 2023, at approximately 10:47 a.m., members of the South Porcupine Detachment of the Ontario Provincial Police (OPP) responded to a traffic complaint of a commercial motor vehicle (CMV) swerving all over the road.
Police located the CMV on Highway 11 near Ramore, and the driver was charged with four Highway Traffic Act (HTA) offences.
On January 29, 2023, at approximately 12:32 am, the OPP conducted a traffic stop on that same CMV and driver, on Highway 11 near Val Cote. The driver was charged with four additional HTA offences.
On January 29, 2023, at approximately 7:39 am, the OPP responded to a traffic complaint about that same CMV and driver, on Highway 11 near Smooth Rock Falls.
As a result of their investigation, the driver, 45 years-of-age, of Brampton was charged with 24 total offences:
- Driver fail to surrender licence contrary to section 33(1) of the HTA (three counts)
- Fail to surrender inspection schedule contrary to section 107(7) of the HTA (two counts)
- Fail to enter defect in daily inspection report contrary to section 107(8)(a) of the HTA (two counts)
- Improperly drive commercial motor vehicle with a minor defect in it or in drawn vehicle contrary to section 107(12) of the HTA
- Careless driving contrary to section 130(1) of the HTA (three counts)
- Unnecessary slow driving contrary to section 132 of the HTA (two counts)
- Fail to maintain daily log contrary to section 190(3) of the HTA (two counts)
- Fail to surrender daily log contrary to section 190(4) of the HTA
- Driver in possession of more that one daily log contrary to section 190(5)
- Fail to take 10 hours off in a day contrary to section 6(1) of Ontario Regulation (O.Reg) 555/06 of the HTA
- Exceed 13 hours driving time without 8 hours off contrary to section 9(1) of O.Reg 555/06 of the HTA
- Drive after 14 hours on duty without 8 hours off contrary to section 9(2) of O.Reg 555/06 of the HTA
- Drive after 16 hours since last break without 8 hours off contrary to section 6(1) of O.Reg 555/06 of the HTA
- Fail to keep record of duty status contrary to section 17(1) of O.Reg 555/06 of the HTA
- Fail to manually input information into ELD contrary to section 18(3)(b) of O.Reg 555/06 of the HTA
- Enter inaccurate information in record contrary to section 28(1) of O.Reg 555/06 of the HTA
The owner of the CMV from Edmonton, Alberta, was also charged with the following five offences:
- Fail to surrender inspection schedule contrary to section 107(7) of the HTA
- Fail to enter defect in daily inspection report contrary to section 107(8)(a) of the HTA (two counts)
- Improperly drive commercial motor vehicle with a minor defect in it or in drawn vehicle contrary to section 107(12) of the HTA
- Request, require or allow driver not to comply with section 18 contrary to section 18(8) of O.Reg 555/06 of the HTA
The CMV was taken out of service in Cochrane. The OPP encourages drivers to operate within their allotted hours. Driving while fatigued affects your judgement, perception, and reaction time.
