Truck News


Speed limiter ruling does not affect law, enforcement: OTA

TORONTO, Ont. -- Yesterday’s ruling by an Ontario Justice of the Peace who tossed out a ticket under the province’s speed limiter legislation does not change the enforcement of the Highway Traffic Act (HTA) law whatsoever, according...

TORONTO, Ont. — Yesterday’s ruling by an Ontario Justice of the Peace who tossed out a ticket under the province’s speed limiter legislation does not change the enforcement of the Highway Traffic Act (HTA) law whatsoever, according to the Ontario Trucking Association, adding that the organization is “not at all concerned” with the decision.   

“People challenge traffic tickets every day and sometimes they win,” said OTA president David Bradley. “It means nothing; the law stands.”

According to a statement by the Missouri-based Owner-Operators Independent Drivers Association (OOIDA), the group funded a driver’s challenge of the law in a Welland, Ont. court. The Justice of the Peace sided with the driver and, according to reports, he interpreted the rule to be at odds with the Charter of Rights.

“Contrary to some reports, the lower court ruling isn’t binding and the law hasn’t been struck down; nor does it require any amendments to the HTA legislation,” the OTA said in a release.

Bob Nichols, spokesman for the Ontario Ministry of Transportation, told that while the group would not comment on the specifics of the case, he noted that, “This case doesn’t change the law, and we’ll continue to enforce the law.”

Nichols said that the positive safety benefits that speed limiters have had since they were first introduced has been considerable.

“When we introduced speed limiters for trucks in 2009, we saw an immediate 24% drop in fatalities involving trucks. We’re committed to road safety. Ontario has the safest roads in North America,” he said, adding that the MTO would continue to work with its partners in the industry, like the OTA.

Over 8 in 10 truck operators are in compliance with the rule, says the OTA, however, those found in violation will remain subject to the speed limiting system requirements under the Act and will continue to be charged with the applicable offence(s).

“It’s ironic that news of the ruling comes days after the latest Ontario Road Safety Annual Report (ORSAR) stated that truck speed limiter legislation has helped make Ontario the safest jurisdiction in North America by reducing the province’s total road fatality rate to its lowest level in nearly 70 years,” says Bradley.

The report found that in 2009, large truck fatalities dropped by 24% year-over-year, despite a 59% increase in the number of large trucks registered in the province.

“This proves that the assertions of the US-based critics who bankrolled this challenge are absolutely baseless,” said Bradley. “In fact, truck safety has never been better since the speed limiter law took effect.”

“Safety is without question the number one priority of the trucking industry and the speed limiter law is certainly having an impact on reducing crash rates of both trucks and cars and helping truck drivers as a class continue to be the safest drivers on the road.”

Truck News

Truck News

Truck News is Canada's leading trucking newspaper - news and information for trucking companies, owner/operators, truck drivers and logistics professionals working in the Canadian trucking industry.
All posts by

Print this page
Related Articles

12 Comments » for Speed limiter ruling does not affect law, enforcement: OTA
  1. Billy says:

    Really? An immediate 24% drop in fatalities, how immediate, in the first week, month, year?

    Despite a 59% increase in the number of large trucks registered. Again really? Registered since when, the day before this was enacted, 1990, 1921, 1905? I am supposed to believe that where there were 100 trucks registered there are now 159, despite economic downturns, despite consolidations, business failures and those who have just left the industry for numerous reasons. I have a great deal of difficulty believing that any of these numbers are just since the enactment of this shortsighted bad law. Like I said before it’s enactment Bradley and his members are free to do whatever they want with their equipment but mind your own business when it comes to mine and take your level playing field argument and stick it back where things that smell that bad come from.

    About all this article comfirms for me is the old saying that figures lie and liars figure.

    • Andrew says:

      Level playing field… How does a speed limiter law level the playing field?
      Does a speed limiter magically provide the same discounts to O/O’s that fleets get for fuel, equipment, and business supplies?
      Does a speed limiter ensure that everyone has access to mechanics, and spare trucks, trailers, parts and drivers 24/7?
      Does ANYONE actually believe that speed limiter legislation has anything to do with safety, or emissions reductions?
      It’s obvious that there’s been no “levelling of the playing field” and the last time I checked buses, RVs farm tractors, aeroplanes, boats,trains, helicopters, motorcycles and cars didn’t have speed limiters.
      Is that because they don’t create emissions, or because they are only involved in accidents with big, bad, trucks… With the trucker at fault?
      Lol and industry “experts” piss and moan while racking their brains to explain why there’s a shortage of drivers.
      Maybe a bunch of idiots in suits should spend exorbitant amounts of money on scheduling meeting after meeting with a committee of consultants to come up with a panel of experts who can lie to the public while simultaneously lining the pockets of those who pull the puppet-strings of the lawmakers that they wish to influence.

      That’s all.
      I’m done.

  2. Dave says:

    Billy…you hit the nail on the head. Couldn’t be said any clearer.

  3. Vic says:

    I agree 100% with Billy the stats they’re using are based on probably over 20 yrs ago.Funny how they don’t mention how many cars have run in to the back of slow moving trucks.The OTA is nothing but political B.S. Its too bad Bradley doesnt have a clue about driving a truck Bradley should spend a week in one to see what the real world is like.

  4. An Ontarian says:

    Simple to find answers to the previous speculation.

    According to the report, OSAR data from 2009 shows a clear improvement over the year before. In 2009, Ontario recorded just 564 fatalities

  5. Rusty Hinge says:

    Let’s look at some numbers. The 105kms is in place for thw Kings Highwqay the 400 series of roads in Ontario. 5% over the posted speed limit of 100kms. How many kms of road does this affect less than 2000kms of divided highway. Now let’s look at the rest of the roads in the province, these have a speed limit of 90kms,or less. What speeds do the trucks of the OTA members drive on hwy 11 and 17 across ON? Not 5% over at 94.5kms 4.5kmsover the posted speed. Thgese trucks drive at 100to 105kms on these 2 lane roads, 16.6% over the posted speed. These companies have no concern for safety on all roads, their drivers pass on blind corners, at the crest of hills,in the face of oncoming traffic and with the trailer try to push a fellow driver off the road. When repremanded on the CB they tell us to get with the program and drive 105kms as their companies don’t care and that dispatch is to tight to drive slower. Above all no tickets are written at less than 105kms officer discrection. To make this effective the companies should set the example and have their trucks within reason, and safely at all times and all roads. They can monitor the trucks using the qualcomm and gps. they are just lazy,blame somebody else then find a way to control them, when they can’t even control their own trucks.

  6. peter says:

    I agree with you Billy, who ever you are. The numbers are so bogus, they tell you what ever they want you to believe. They know that nobody will ever challenge them and if they did there is so many variables taht anybody could make it up. The one thing i am really dirsturbed with and that is that fact that the OTA which is the Ontario Trucking Association is suppose to be the voice of the truckers. Since when did any trucker get a vote on the speed limiter or anything else that they are working on. I sure hope they never ask for my support.

  7. Kirk Sandford says:

    Well, I read the above article with great interest, any decline in truck related fatalities is always lauded, and rightly so; however, having been employed by the MTO for a period of time, some red flags popped up in my safety oriented mind. First off, a 24% decrease in fatalities as welcome as those numbers are could not have been just the speed factor, did they take into account things like average age of truckers being 45-48 years old, and fewer novice drives between the ages of 25-30, therefore more experience on the roads? Did it take into account rental and leasing companies providing affordable, newer, and safer equipment? Did it take into account, trucking companies spending the time, effort and money, in training their drivers with self funded programs, like mentor programs and computer simulators, thus putting better drivers on the roads? Did it take into account, safety innovations, such as the trailer fairing, designed to prevent cyclists from going under trailers?

    Then we have a 59% increase in truck traffic. It make me wonder with tongue in cheek, if one of the super minds in the upper echelon of the MTO, stopped patting himslef/herself on the back long enough to have an epiphany like this: “Wow a 59% increase in truck traffic, maybe we should seriously think about opening some truck rest areas before we have a 59% increase in trucks being parked along our roadways, or a 59% increase in trucks running illegaly on our roads, because there is no safe area for them to park, and by extension a 59% increace in the truck fatality risk factor.” Who am I kidding, there’s no revenue in that. Thats the rant from my cab, stay safe everyone.

  8. hogman says:

    i was told because our plates are prp we fall in to federal jurisdiction and do not have to adhear to this only trucks with provincial plates any truth to this

  9. meslippery says:


    i was told because our plates are prp we fall in to federal jurisdiction and do not have to adhear to this only trucks with provincial plates any truth to this

    Posted June 8, 2012 09:03 PM

    I dont know but that is the way it should be.

  10. Freight Hauler says:

    Yes its all about safety but maybe they should take into account how UNsafe being limited to 65 in other provinces and the US that dont have these communist laws are.

  11. Concerned Trucker says:

    Its to bad the general public doesn’t read these articles comments maybe they would get what is going on here! They say there was a 24% decrease in 2009 right? What they don’t tell you is 09 was when the recession hit bad so there were not as many trucks on the road! Easy to get a reduction in truck crashes when there is not as many on the road!! I don’t have a problem with the 105 rule as long as EVERYBODY falls under it!!! Not just trucks, also lets put the general public under the same amount of rules and laws that truck drivers put up with. I think they should open all the scales up to cars 1 day and get them inspected maybe that will wake them up!!

Have your say:

Your email address will not be published. Required fields are marked *