Operating licence required to transport goods for compensation
3. (1) No person shall operate a commercial vehicle to carry goods of any other person for compensation unless it is done, (a) under an operating licence held by the person operating the vehicle; and (b) pursuant to the licence. R.S.O. 1990, c. T.22, s. 3 (1). General authority (2) Every operating licence authorizes the holder thereof to carry 01 928 1 — unprepared manure from animal, bird, dog, fowl, goat, sheep or guano, 14 719 — chemical or fertilizer minerals, not elsewhere classified in STCC, 28 181 70 — urea, other than liquid and 28 71 — fertilizers in bulk to or from any point within Ontario during April, May and June in a commercial vehicle that is not a tank vehicle. R.S.O. 1990, c. T.22, s. 3 (2). Owner-driver licence, single-source licence limitations (3) An operating licence that is an owner-driver or single-source operating authority authorizes the operation of a commercial vehicle to carry goods for compensation only when a notice of the contract under which the particular vehicle is being operated has been filed with the Ministry as prescribed. R.S.O. 1990, c. T.22, s. 3 (3). Exception (4) Subsection (1) does not apply to prohibit the carriage of, (a) goods solely within a commercial zone designated under section 14 or a local municipality, excluding a municipality that had the status of a township on December 31, 2002 and, but for the enactment of the Municipal Act, 2001, would have had the status of a township on January 1, 2003; (b) fresh fruit and fresh vegetables grown in continental United States of America or Mexico; (c) goods used on farms and farm products that are 01 1 — field crops, 01 2 — fresh fruits or tree nuts, 01 3 — fresh vegetables, 01 91 — horticultural specialities, 01 99 — farm products, not elsewhere classified in STCC, 01 41 — live stock and 01 92 — animal specialities that are carried in a commercial motor vehicle equipped with not more than three axles that does not draw a trailer; (d) 01 421 10 — milk, fresh, unprocessed and 20 261 — bulk fluid milk, skim milk or cream carried on behalf of The Ontario Milk Marketing Board; (e) wheat by a person appointed to act as agent for the Ontario Wheat Producers’ Marketing Board where the wheat is being carried from the agent’s premises in a commercial vehicle registered in the agent’s name; (f) ready mixed concrete; (g) 24 1 — primary forest or raw wood materials that are the products of the forest from which they are being carried; (h) goods carried by an operator of a commercial vehicle if the goods have been sold, bought, produced, transformed or repaired by, or have been lent, borrowed, given or leased by, the operator as an integral part of the operator’s primary business which business is not the operation of public trucks; (i) goods in a bus being operated under the authority of an operating licence issued under the Public Vehicles Act. R.S.O. 1990, c. T.22, s. 3 (4); 2002, c. 17, Sched. F, Table. Idem, certificate of intercorporate exemption (5) Subsection (1) does not apply to a holder of a certificate of intercorporate exemption or any affiliated corporation named in the certificate carrying goods owned by any of them pursuant to the certificate. R.S.O. 1990, c. T.22, s. 3 (5). Idem, trip permit (6) Subsection (1) does not apply to the holder of a trip permit operating the commercial vehicle specified therein in accordance with the permit. R.S.O. 1990, c. T.22, s. 3 (6). Transportation for compensation (7) Where goods are carried in a commercial vehicle that is not owned by the owner of the goods and compensation is received for the use of the vehicle other than in accordance with a lease of the vehicle, the goods shall be deemed to be carried for compensation. R.S.O. 1990, c. T.22, s. 3 (7). (8), (9) Repealed: 1991, c. 50, s. 1. Idem (10) Where goods are carried in a commercial vehicle that is leased by the owner of the goods but the lessor of the vehicle, directly or indirectly, (a) engages or pays the driver of the vehicle; (b) exercises control over the driver of the vehicle in the course of his employment as driver; or (c) assumes responsibility for the goods, the goods shall be deemed to be carried for compensation. R.S.O. 1990, c. T.22, s. 3 (10). Definition, lease (11) For the purpose of this section, “lease” means a written agreement setting out fully and accurately all provisions under which the vehicle is leased and giving the lessee exclusive possession and control over the vehicle throughout the entire term of the agreement. R.S.O. 1990, c. T.22, s. 3 (11). Offence (12) Every person who contravenes subsection (1) is guilty of an offence and, (a) on the first conviction, is liable to a fine of not less than $250 and not more than $5,000; and (b) on each subsequent conviction, is liable to a fine of not less than $500 and not more than $5,000. R.S.O. 1990, c. T.22, s. 3 (12). Idem (13) For the purposes of subsection (12), a conviction that occurs more than five years after a previous conviction is not a subsequent conviction. R.S.O. 1990, c. T.22, s. 3 (13).