TORONTO, (April 20, 2005) — The Ontario Ministry of Transportation has recently finalized a new vehicle defect repair verification process in which police and MTO enforcement officers may issue carriers a defect repair verification notice in order to verify that vehicle defects have been repaired.

The rule — effective immediately — is part of the Target 97 recommendations and contained in Section 82 of The Highway Traffic Act and its supporting regulation “Testing, Repair and Compliance Requirements for Unsafe Vehicles.” It pertains mainly to minor defects found during roadside inspections that do not place a vehicle out-of-service, but are in such condition that the officer needs assurance that the defects are repaired in a timely manner.

The notices — which stipulate a final date on which the carrier must notify the issuing officer that the repairs have been made — are printed on ministry “Commercial Vehicle Inspection Reports”, which are typically issued by ministry enforcement officers. Notices can also be printed on new “Vehicle Report Notices — Defect Repair Verification Notices,” which will normally be issued by police officers.

The operator of the truck will be served the notice. Verification methods include forwarding copies of repair orders, work orders, parts invoices and safety standards certificates by registered mail, courier, fax or in person to a number or location specified by the issuing officer. In some circumstances a vehicle may be required to appear for visual reinspection by the officer.

Truck operators who do not agree with the issuing officer that a defect exists should verify with a licensed mechanic that the vehicle does not in fact have a defect, an MTO official told TodaysTrucking.com. Once this is established, the operator should contact the officer’s supervisor to discuss, and attempt to resolve, the situation.

The MTO, however, still has final judgment on the repair verification order, despite a mechanic’s assessment of the “defect” in question.

The regulation may be viewed on the web at www.e-laws.gov.on.ca.