Large commercial vehicle operators should take note of new changes to Ontario's Highway Traffic Act. Under section 68.1 of the Act, speed limiters are now mandatory for all commercial vehicles manufactured after January 1, 1995 with a manufacturer's gross vehicle weight rating over 11,794 kg. This new law applies to all such vehicles, regardless of home state or province, although vehicles manufactured before 1995 are exempt alongside buses, cranes, and emergency vehicles.

The new requirement provides that the speed limiter must be set to a maximum of 105 km/hr (or 65 mph) through the vehicle's Electronic Control Monitor (ECM). The operator of any vehicle caught travelling at 115 km/hr or above will be automatically charged for not having an activated speed limiter.

Furthermore, the ECM itself must be in good working order and must contain accurate data corresponding with any component of the vehicle to which it is linked. Operators will be in violation of the Act if the data transmitted to the ECM is found to be inaccurate with respect to the vehicle's actual speed or RPMs.

Interestingly, the Ministry of Transportation anticipates that the new requirement will not only improve road safety, but will help to soften the environmental impact of large commercial vehicles as well, since vehicles operating at higher speeds burn more fuel and release more greenhouse gas emissions.

While the law came into effect on 1 January, 2009, this was followed by a six month "soft enforcement" period to provide time for industry education and to allow carriers to arrange for the vehicle limiter to be set during the normal course of maintenance. As of 1 July, 2009, however, the regulation is in full force and effect along Ontario's roads and highways.

The law will be enforced by both police officers and Ministry of Transportation officers, with fines ranging from $250 to $20,000. Enforcement officers will plug a small portable device into the connection at the ECM to ensure compliance. Drivers and/or operators will be charged for non-compliance, but non-compliance will not count against CVOR (Commercial Vehicle Operator's Registration) records, as only Ontario and Québec currently require the use of speed limiters. While it is an offence to tamper with the limiter, operators can purchase software/computers that will enable the limiter to be adjusted for operation in jurisdictions with higher speed limits.