Licence Appeal Tribunal
Appeal in matter of permits
FILE: 8666/CVOR
CASE NAME: 8666 v. Registrar of Motor Vehicles
An Appeal under Section 50(1) of the Highway Traffic Act, R.S.O. 1990, c. H.8, from an Order of the Registrar of Motor Vehicles Pursuant to Section 47(1) to Cancel the Commercial Vehicle Operator’s Registration Certificate and to Seize the Plate Portion of all Permits Issued
Cameron Foods Ltd. Appellant
-and-
Registrar of Motor Vehicles Respondent
REASONS FOR DECISION AND ORDER
ADJUDICATOR: Richard Macklin, Vice-Chair
APPEARANCES:
For the Appellant: No one appearing
For the Respondent: Patrick S. Moore
Heard in Toronto: May 16, 2014
REASONS FOR DECISION
Background
By Cancellation and Seizure Order dated February 14, 2014, the Deputy Registrar of Motor Vehicles (“Registrar”) cancelled the Commercial Vehicle Operator’s Registration (“CVOR”) certificates of Cameron Foods Limited (“CFL”) and sought seizure of all pertinent plate portions of permits (the “Cancellation and Seizure Order”).
The Appellant appealed that Order by Notice of Appeal dated March 5, 2014. The Notice of Appeal does not, however, contest the Cancellation and Seizure Order but rather, seeks additional time to deliver the plate portions of permits to the Registrar.
Absence of a Representative from the Appellant at the Hearing of the Appeal
The Appellant was properly served with notice of the hearing date as is evidenced by the facsimile confirmation sheet attached to the Pre-Hearing Order of Vice-Chair Sweeny (Exhibit 3). The facsimile confirmation sheet is dated April 22, 2014. The Pre-hearing Order is dated April 14, 2014.
The Tribunal attempted to contact Mr. Kwan, the principal of the Appellant, by telephone, on the morning of the hearing, but there was no answer at the number provided by him on the Notice of Appeal. The start of the hearing was delayed to 9:45 to allow more time for a representative of the Appellant to attend.
No one appeared for the Appellant at the hearing of this appeal.
CVOR of CFL
Jim Kirchner testified on behalf of the Registrar. Mr. Kirchner has been employed by the Registrar for 14 years including the last 7 years as a Carrier Safety Rating Administrator.
CFL has a poor safety record and that poor record is in relation to matters that would rightly concern a regulator. The evidence in this regard was outlined by Mr. Kirchner and can be summarized, in a non-exhaustive fashion, as follows:
i) A staggering number of convictions under the Act;
ii) An overall CVOR safety rating that exceeds the 100% mark, during the relevant 2-year analysis period;
iii) An unacceptable level of vehicle out-of-service inspections;
iv) Unpaid fines in the amount of $3,574.94;
v) Disconcerting inspection findings including; seven violations on one vehicle inspection (conducted November 11, 2013) and the consistent driving of vehicles that exceed the allowable gross weight (including separate findings -on consecutive dates- in relation to the same truck, carrying the same proscribed load weight);
vi) A failed Facility Audit;
vii) Acknowledgement by CFL’s officers, during a Show Cause Meeting held February 14, 2014, that they have little knowledge about operating commercial motor vehicles; and
viii) The complete absence of a reasonable plan by which the Company could improve its performance.
Finally, as noted above, the Appellant did not appear at this hearing and the Notice of Appeal that it filed, did not contest the basis for the Cancelation and Seizure Order.
DECISION
After considering the evidence, pursuant to the authority vested in the Tribunal under s. 50(2) of the Act, the Tribunal confirms the Cancellation and Seizure Order, dated February 14, 2014.
LICENCE APPEAL TRIBUNAL
Richard Macklin, Vice Chair
Released: May 30, 2014