3.3. Load Securement Regulations
SECUREMENT REGULATIONS
3.3. SECUREMENT REGULATIONS
In Ontario, both the Commercial Vehicle Operator’s Registration (CVOR) holder and the driver of a tow truck can be considered in violation if it is discovered that their tow truck does not comply with load security regulations while transporting vehicles. This is because Ontario, like many other jurisdictions, places a significant emphasis on road safety, especially when it comes to commercial vehicles. The goal is to maintain road safety and prevent accidents caused by improperly secured loads on tow trucks and other commercial vehicles. Holding both the CVOR holder and the driver accountable ensures that responsibility for compliance with safety regulations is shared and helps deter unsafe practices.
The CVOR holder is responsible for ensuring that their commercial vehicles, including tow trucks, are safe and compliant with all applicable regulations. This responsibility includes making sure that vehicles are loaded and secured properly. If the tow truck is found to be in violation of load security regulations, it indicates a failure on the part of the CVOR holder to maintain the safety of their commercial vehicle.
The driver of the tow truck is responsible for the safe operation of the vehicle while it is on the road. This includes ensuring that the load being transported is properly secured and compliant with regulations. If the driver is aware of or should have been aware of load security violations and still proceeds to operate the vehicle, they can be held responsible for the violation.
Ontario’s transportation authorities and law enforcement agencies take road safety seriously, especially for commercial vehicles. Non-compliance with load security regulations can pose serious risks to other road users and property. Therefore, authorities want to ensure that both the vehicle owner (CVOR holder) and the person operating the vehicle (the driver) are held accountable for any safety violations.
PENALTIES & ENFORCEMENT
3.3. PENTALTIES & ENFORCEMENT
Violations of load security regulations can result in fines, penalties, and, in some cases, the suspension of a CVOR certificate or a driver’s license. This enforcement approach is designed to encourage compliance with safety regulations and discourage risky behavior.
MANDATORY ATTACHMENTS
3.3. MANDATORY ATTACHMENTS
Light-duty towing vehicles are required by law to have two separate means of attachment when transporting vehicles. These two separate means of attachment are designed to enhance the safety and security of the towing process and prevent accidents or incidents where the towed vehicle becomes detached. Here’s an explanation of these two means of attachment:
Primary Attachment Device
The primary attachment device is the primary method used to secure the towed vehicle to the towing vehicle. In most cases, this is a primary tow bar or hitch system that connects the two vehicles. The primary attachment device should be strong, secure, and compliant with safety regulations to ensure that the towed vehicle remains properly connected to the towing vehicle throughout the journey. This attachment is essential for the initial connection and stability of the towed vehicle.
Secondary Attachment Device (Safety Chain)
The secondary attachment device, often referred to as a safety chain, acts as a backup or secondary means of attachment in case the primary attachment device fails or becomes disconnected for any reason. Safety chains are typically made of strong, durable materials and are attached to both the towing vehicle and the towed vehicle. They are crossed under the hitch to form a cradle, helping to prevent the towed vehicle from completely detaching in the event of a failure in the primary attachment device. The use of safety chains is a crucial safety precaution to prevent accidents and property damage if the primary attachment fails.
By requiring two separate means of attachment for light-duty towing in Ontario, the law aims to enhance the safety and security of towing operations on the road. This dual attachment system helps minimize the risk of accidents and incidents involving detached towed vehicles, which can be dangerous and disruptive to traffic. Tow truck operators and drivers are expected to ensure that both the primary attachment device and the safety chains are properly used and in good working condition to comply with these safety regulations.
WHEN TRANSPORTING
3.3. WHEN TRANSPROTING
All loads must be bound, secured, contained, and/or covered so that no portion may become dislodged, fall, leak, spill, or blow from the load is a fundamental safety regulation governing the transportation of goods and materials, particularly in the context of commercial and public roadways. This regulation is in place to ensure the safety of people on the road, prevent accidents, protect the environment, and maintain the integrity of transported goods. Here’s a breakdown of what this requirement means:
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Bound and Secured
This means that the load must be properly tied down, strapped, or otherwise fastened to the vehicle in a way that prevents it from shifting, moving, or coming loose during transit. It ensures that the load remains stable and securely attached to the vehicle.
Contained
Loads should be contained within the designated area of the vehicle or container designed for transport. This prevents items from protruding or extending beyond the boundaries of the vehicle, reducing the risk of collision with other vehicles or objects.
Covered
In cases where the load consists of loose materials, debris, or substances that can easily be blown away or scattered, covering the load with appropriate materials such as tarps or netting is necessary. This containment method helps prevent items from escaping and causing hazards on the road
No Portion May Become Dislodged, Fall, Leak, Spill, or Blow
The regulation requires that the load be secured and contained so effectively that no part of it should become loose, fall off, leak, spill, or be blown away during transportation. This includes preventing items like debris, liquids, or objects from falling onto the roadway, posing a danger to other vehicles or pedestrians.
Compliance with this regulation is essential to road safety and environmental protection. Failing to properly secure and contain loads can result in accidents, road hazards, injuries, property damage, and environmental pollution. Depending on the jurisdiction, there are legal consequences and penalties for violations of these regulations, which are enforced by transportation authorities and law enforcement agencies.
WHEN TRANSPORTING BY CARRIER
3.3. WHEN TRANSPROTING BY CARRIER
When vehicles are transported on the deck of a tilt and load tow truck, they must be secured in accordance with Ontario Regulation 363/04: “Security of Loads” and, more specifically, with reference to the National Safety Code Standard 10: “Cargo Securement.” This requirement is put in place to ensure the safe and secure transportation of vehicles, preventing accidents, damage, or hazards on the road.
Ontario Regulation 363/04
This regulation in Ontario establishes the legal requirements and standards for securing loads on vehicles, including tow trucks. It outlines the specific rules and guidelines that must be followed to secure loads properly during transportation. These regulations are in place to enhance road safety and prevent accidents caused by improperly secured loads.
National Safety Code Standard 10
The National Safety Code (NSC) Standard 10, titled “Cargo Securement,” is a set of nationally recognized guidelines and standards for securing various types of cargo on commercial vehicles, including tow trucks. It provides detailed instructions on how to properly secure different types of loads, including vehicles. NSC Standard 10 is widely adopted across Canada to ensure consistency and safety in cargo securement practices.
When transporting vehicles on the deck of a tilt and load tow truck, compliance with these regulations and standards typically involves the following:
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Properly securing the vehicle
Tow truck operators must ensure that the vehicle being transported is securely fastened to the truck’s deck using appropriate tie-downs, straps, chains, or other securement devices. The choice of securement method should be in line with the guidelines provided in NSC Standard 10.
Following load-specific guidelines
NSC Standard 10 includes specific guidelines for securing different types of vehicles, depending on their size, weight, and configuration. Operators must follow these guidelines to ensure that the load is secured effectively.
Regular inspections
Tow truck operators should conduct regular inspections of their securement equipment and the load during transportation to make sure that everything remains in place and secure.
Failure to comply with these regulations and standards can result in legal penalties, fines, and, more importantly, can lead to accidents, injuries, and damage to the transported vehicles or other road users. Therefore, it is crucial for tow truck operators to be well-versed in these regulations and adhere to them diligently to ensure the safe transportation of vehicles on tilt and load tow trucks.