Transportation Advisory…

Transportation Advisory Council Review – June 26, 2024
Summary of MTO Proposals:

Response provided by IHSA’s Transportation Advisory Council Members
See IHSA details here

For more than 100 years, IHSA and its legacy organizations have helped businesses in Ontario’s construction, electrical utilities, transportation, aggregates, natural gas, and ready-mix concrete industries to improve the health and safety of their workers—and the effectiveness of their operations.

IHSA serves and represents over 150,000 firms including 800,000 workers in the province of Ontario.

We do this by providing expert-led education, timely resources, and a variety of engagement and consulting services to support the development of firms’ occupational health and safety management systems. Employers and independent contractors who pay insurance premiums to the WSIB in the sectors that IHSA serves automatically become IHSA members. As members, they get access to IHSA’s industry-leading health and safety training and services for free or for a reduced price.

Their feedback is essential to helping us improve our offerings and achieve the goal of injury-, illness-, and fatality-free workplaces.

Combatting Alcohol and Drug Impaired Driving:

1. Introduce a lifetime licence suspension, reducible to 25 years, upon conviction of impaired driving causing death – Currently, MTO applies escalating licence suspensions under the Highway Traffic Act based on the number of prior convictions a driver has for impaired driving. However, it does not apply a specific licence suspension for convictions of impaired driving causing death.

This proposal, if passed, would impose an indefinite licence suspension upon conviction for impaired driving causing death under the Criminal Code. Individuals would be eligible to apply for licence reinstatement after 25 years, contingent upon completing mandatory rehabilitative programming and other specific remedial requirements set by MTO. The licence reinstatement criteria would be prescribed in supporting regulations.

Comments:
• Support

2. Make installation of Ignition Interlock mandatory for all drivers convicted of impaired driving – Currently, drivers convicted of impaired driving must serve a post-conviction licence suspension before becoming re-licenced with an Ignition Interlock (II) condition. Today, drivers can “sit-out” the II condition period and refrain from driving altogether. Drivers eligible for the Reduced Suspension with Ignition Interlock Conduct Review Program can resume driving sooner upon installation of II, resulting in shorter licence suspensions and II condition periods.

MTO is proposing to remove the “sit-out” option and mandate drivers convicted of impaired driving (drugs, alcohol, or a combination of both) to install Ignition Interlock for a prescribed period. The II condition would remain in place until a driver has completed the required period of II installation.

Comments:
• Support
o Who pays for install for device? Maintaining it, calibration of it (maintenance 3 months?)

3. Introduce a time-limited zero tolerance condition for all drivers convicted of impaired driving – Currently, upon completion of all post-conviction sanctions, drivers are eligible to resume driving without any conditions on their licence.

This proposal, if passed, would introduce a time-limited zero tolerance condition applicable to the presence of both drugs and alcohol for all drivers convicted of impaired driving. The zero-tolerance condition would commence upon a driver’s completion of all their post-conviction sanctions, including the required period of Ignition Interlock installation. The specific duration of the zero-tolerance period would be prescribed in supporting regulations.

Comments:
• Support

4. Introduce mandatory remedial education for first-time alcohol/drug related occurrences – The Highway Traffic Act imposes immediate roadside sanctions for drug/alcohol related occurrences, including fines, licence suspensions, mandatory remedial education, and Ignition Interlock requirements. Currently, there are no mandatory remedial requirements for first-time occurrences. On the second-time occurrence, an 8-hour education program is mandatory. On the third occurrence, a 16-hour treatment program is mandatory.

MTO is proposing to introduce a mandatory remedial education requirement for first-time drug/alcohol related occurrences and adjust the remedial requirements for a second-time occurrence to a treatment program. The existing requirement to complete a treatment program on a third occurrence would remain unchanged.

Comments:
• Support
o What is the format of remedial training – virtual or in person, who burdens the cost and how is participation verified and knowledge confirmed, who is approved to deliver the remedial training?

5. Increase roadside licence suspension lengths for first- and second-time alcohol/drug related occurrences – Currently, young and novice drivers who violate their zero-tolerance condition as well as drivers who perform poorly on a Standardized Field Sobriety Test or register a Blood Alcohol Concentration at or above 0.05 face an immediate roadside three-day licence suspension for the first occurrence and a seven-day suspension for the second occurrence.

This proposal, if passed, would increase the licence suspension lengths to seven and 14 days for first- and second-time alcohol/drug related occurrences, respectively.

Comments:
• Support
o Should it also include vehicle impoundment or OOS criteria similar to commercial vehicle requirements?
o Would the interlock (II) also be installed?

6. Clarify police authority for detecting impaired driving off the highway – This proposal, if passed, would clarify police authority to stop vehicles and/or administer tests for impaired driving regardless of whether the vehicle is on or off the highway and to stop vehicles when they have recently left the highway.

Comments:
• Support
o Public spaces, like a parking lot?
o Circumstances when warranted etc.,
o Care and control of the vehicle situations.
o Role of the MTO for commercial vehicles offenses?
o Is it limited to police authorities or others like MTO or CVSA could be expanded as well?

7. Align look back periods for sanctions related to alcohol/drug related occurrences – A "look back period" refers to the timeframe in which previous alcohol/drug-related occurrences are considered when determining penalties for a subsequent occurrence. Currently, Administrative Monetary Penalties (AMPs) and licence suspensions have a 5 year look back period to determine if they escalate, while Ignition Interlock and remedial education requirements have a 10 year look back period.

This proposal, if passed, would align the look back periods for Administrative Money Penalties (AMPs), licence suspensions, Ignition Interlock, and remedial education to 10 years.

Comments:
• Support
o How would this be grandfathered in - effective date considering previous convictions?

Strengthening Public Safety:

8. Introduce an escalating licence suspension framework upon conviction of motor vehicle theft under section 333.1 of the Criminal Code (CC) that includes aggravating factors, such as violence, a weapon, threat, use of force or financial gain, and to provide for licence suspensions for any additional prescribed CC offences related to motor vehicle theft – Currently, there are no licence suspensions imposed for motor vehicle theft in Ontario.

This proposal, if passed, would make amendments to the Highway Traffic Act that would impose the following licence suspensions for individuals convicted of motor vehicle theft:
• First conviction: 10-year suspension
• Second conviction: 15-year suspension
• Third and subsequent convictions: Indefinite suspension

Comments:
• Support
o For those who are not currently licensed and convicted of theft, can we set restrictions and prevent from securing a license in the future etc.,
o How would this impact the Young Offenders Act – age restrictions and minor exemptions?
o Not sure this will be a deterrent for organized crimes.
o How would this carry over into other jurisdictions from out of province drivers/licenses?

9. Ensure mandatory minimum licence suspensions for stunt driving – Currently, courts have the discretion to order a licence suspension following a conviction for stunt driving. This proposal, if passed, would permit MTO to impose minimum licence suspension lengths of one-year, three-years and indefinitely in respect of a first, second and third or subsequent conviction, respectively, within a 10-year period, rather than the suspension being ordered by the court. However, the court would retain discretion to extend the suspension period for first- and second- time convictions up to the prescribed maximum suspension length.

Comments:
• Support
o Increase vehicle suspension durations to align with impaired?
o Better clarification on what is considered “stunt driving” and behaviours outside of speeding, cutting off, tailgating, following or driving too close etc.,

Enhancing Alternative and Commercial Vehicle Safety
10. Improve e-bike safety by categorizing e-bikes into distinct classes with specific operator and vehicle safety requirements – Currently, a power-assisted bicycle (e-bike) is defined in the Highway Traffic Act. It permits e-bikes with a maximum weight of 120kg and includes reference to Transport Canada’s since repealed federal definition.

This proposal, if passed, would establish regulation making authority under the Highway Traffic Act to allow for e-bikes to be categorized into distinct classes in order to improve safety through specific operator and vehicle safety requirements. MTO would bring forward regulations following further consultation with stakeholders and industry.

Comments:
• Support to make it a separate category to apply restrictions.
o Would this include being able to limit speed and travel paths (road vs sidewalk)
o Would it include 1 wheeled device - segways or other single wheeled motor propelled devices
o Does it include scooters or mopeds etc.,

11. Enhance MTO Transportation Enforcement Officer authorities to oversee and deliver the Commercial Vehicle Enforcement Program (CVEP) – MTO has identified three key authorities which require inclusion in the Highway Traffic Act: exceed posted speed limits when needed for enforcement, require traffic to pull over to the right upon the approach of MTO enforcement vehicles when lights and signals are flashing, and seize fraudulent or suspended drivers’ licences.

This proposal, if passed, would provide MTO Transportation Enforcement Officers the authorities outlined above to strengthen their ability to enforce commercial vehicle safety and deliver the Commercial Vehicle Enforcement Program (CVEP).

Comments:
• Support of expanding the enforcement bodies providing oversight and enforcement for commercial operators
o Speed governing amounts how are they being enforced? 105 kms from out of province vehicles
o What tools would the MTO officers have to detect items like speeding etc.,

Final Comments:
On behalf of the IHSA’s Transportation Advisory Council and the sectors served by IHSA in the construction, utilities and transportation sector we thank you for the opportunity to not only participate in previous stakeholder consultation sessions, but to also have the ability to comment on these proposed regulatory changes.
One item to note is that the above proposals seem to be heavily focused on punitive vs prevention. What actions and or initiatives could be considered to provide further awareness, education and training at the onset to prevent risky behaviours. 100% support for the proposed punitive measures as a deterrent and consequence but ideally would also want to see opportunities for enhanced training, education and qualification requirements to either beginner driver education or professional class licenses accordingly.
Some examples captured include:
• Bolster the current educational requirements for prevention.
o Prior knowledge and testing enhancements vs “challenging the test.”
o Ensure that the new driver resources, handbooks and training programs are revised to include the changes on penalties and convictions
o Implement awareness campaigns or education to broader knowledge and understanding of requirements.
o Provide or expand on what is considered Stunt driving and awareness and education on common risky behaviours that lead to collisions (not just tickets and penalties) – examples of road rage and potential charges of criminal code offenses?
o Consider enhancements to the DCP program curriculum for commercial careers.
o Enhance the Beginner Driver Education Program to have a larger emphasis on practical skills and elements of sharing the road with commercial vehicles etc.
o Consider mandatory driver education program vs voluntary participation for BDE
 They can get their G2 at 8 months vs waiting 12 months
 Longer probationary period
o Review of skills practical testing components for new drivers all classes (%) of time on practical skills. Review knowledge and familiarity with new vehicle Safety features like lane departure, blind spot, for proper operations.
o Drive test centers and remote vs urban driving restrictions vs geographic area to where they reside for testing purposes

Unfortunately, this proposal is missing key priority items brought forward in other stakeholder consultation sessions. We would like to ensure that the following is expressed that we believe could yield greater Ontario Worker protection while using or working near the roads and ultimate benefit all road users in the province.
1. Slow Down Move Over Legislation to include other maintenance, construction and utility vehicles
2. Automated Speed Enforcement Camera and devices in Construction Zones
3. Advocating for Book 7 to be crossed referenced in other legislation pieces including the OHSA and Construction Regulations
4. Advocating for training standard requirements for Book 7 Traffic Control set ups etc.,
5. Raised box indicator requirements for large equipment and vehicles like dump trucks etc.,
6. Improved oversight and regulations as it pertains to Commercial Truck Driver Training Industry and enact upon recommendations previously provided by stakeholders including enhancements to the ELT Standards, implementation of instructor training standards, Digitalize learning tools of the CVOR Requirements etc.,
7. Additional mandatory training for other class of commercial vehicles
8. Mandatory vs voluntary use of stop sign cameras on school buses
9. Use of MTO and public electronic road signs to reinforce key messages inclusive of both driving and working behaviours
10. New Driver entrant program – mandatory education and accredited established program (vs handbook review and challenging the testing components)
11. Truck passing lanes – restrict use of passing when only 2 lanes available for commercial vehicles example east to Ottawa past Cobourg to Kingston and perhaps consideration for stunt driving behaviours for commercial vehicle operators (dangerous passing etc)
12. Concern of speed limiters/governors on commercial vehicles not being enforced, out of province and overriding the system etc., - Violation for speed limiter tapering and or application of vehicle equipment not Ontario plated.
13. New Entrant CVOR Evaluation program to be implemented as previously proposed the NEEEP initiative.