Purpose statement
This procedure defines a “commercial motor vehicle” for enforcement purposes and outlines the process for Officers to regulate the parking and stopping of these motor vehicles.
Scope
This procedure applies to the parking and stopping of commercial motor vehicles on all municipal rights-of-way, commercial loading zones, Town parks and on Town parking lots that are regulated by By-law 1979-59.
Procedure
1. Parking Enforcement:
Officers enforce the Town of Oakville’s parking by-laws on a proactive basis and on complaint.
Violations of designated parking by-laws and accompanying penalties are set out in Parking Administrative Penalties By-law 2015-071, as amended. Penalty notices must be issued in accordance with By-law 2015-071 and the Administrative Penalties Procedure.
2. Exemptions:
The Traffic By-law contains exemptions to parking and stopping restrictions that apply to this Procedure.
3. Commercial Motor Vehicle:
The Traffic By-law defines a commercial motor vehicle as “a motor vehicle having permanently attached thereto a truck or delivery body and includes ambulances, hearses, casket wagons, fire apparatus, buses and tractors used for hauling purposes on the highways.”
4. Commercial Motor Vehicle for Enforcement Purposes:
A motor vehicle that has a truck or delivery body and includes one or more of the following is considered to be a commercial motor vehicle for enforcement purposes:
- the entire length of the motor vehicle exceeds 6.0 metres, including any and all attachments on the front of the vehicle or on the back of the vehicle; or the entire height of
- the motor vehicle exceeds 2.3 metres measured from ground level to the top of the vehicle, including any and all attachments on the top of the vehicle; or
- the weight of the motor vehicle exceeds 4,500 kilograms when the vehicle is empty or exceeds a registered gross weight of 4,500 kilograms; which vehicle weight may be obtained from the Ministry of Transportation; or
- the motor vehicle is a tow truck.
Examples of motor vehicles that would likely meet the above-noted requirements for a commercial motor vehicle include, but are not limited to:
- buses;
- recreational vehicles;
- moving vans;
- cement mixers;
- flatbed trucks;
- tilt and load trucks;
- dump trucks;
- tractor-trailers;
- ambulances;
- hearses; and
- fire apparatus.
Examples of motor vehicles that might meet the above-noted requirements for a commercial motor vehicle include, but are not limited to:
- vehicles used by landscaping contractors, lawn care contractors or pool installation contractors;
- cargo vans;
- cube vans;
- courier and delivery vans;
- limousines;
- food or canteen trucks; and
- pick-up trucks.
Officers are responsible for determining whether a motor vehicle meets the definition of a commercial motor vehicle for enforcement purposes. A motor vehicles that does not meet the above-noted requirements is not considered a commercial motor vehicle for enforcement purposes, even if the vehicle displays advertising, a wrap, signage or commercial licence plates. In such cases, Officers will enforce any observed parking violations in accordance with applicable parking by-laws, save and except violations specific to commercial motor vehicles.
5. Traffic By-law 1984-1:
The Traffic By-law defines “park or parking” and “stop or stopping”, both when prohibited, as follows:
- "park or parking" when prohibited, means the standing of a vehicle, whether occupied or not, except when standing temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.
- "stop or stopping" when prohibited, means the halting of a vehicle even momentarily, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer, traffic control device or traffic signal.
Commercial motor vehicles may park or stop in accordance with the Traffic By-law. However, some commercial motor vehicles do park or stop on municipal rights-of-way while actively on delivery or loading/unloading merchandise, personal property, equipment or passengers. This is permitted as long as there is evidence of active delivery or loading/unloading.
Stopping in a commercial loading zone is regulated by the Traffic By-law. The following are examples of commercial vehicle loading zone signage: Commercial Vehicle Loading Zone Signage Samples (pdf).
Commercial vehicle loading zones provide larger parking spaces intended for commercial vehicles that cannot fit in standard parking spaces. These loading zones are not for use by passenger vehicles delivering commercial goods during the times indicated on the sign, if any, as such vehicles may use standard parking spaces. Passenger vehicles may park in loading zones, in accordance with the Traffic By-law, outside of the times specified on the sign.
Any use of the municipal right-of-way by a commercial vehicle must be in accordance with the town’s Temporary Street Occupation Permit Procedure.
References and related documents
Highway Traffic Act, R.S.O. 1990, c. H.8, as amended
Municipal Right-of-Way By-law 2024-002
Traffic By-law 1984-01, as amended
Administrative Penalties Procedure
Temporary Street Occupation Permit Procedure
Definitions
Bus: means a motor vehicle designed for carrying ten or more passengers and used for the transportation of persons.
Highway Traffic Act: means the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended from time to time.
Officer: includes a Mobile Compliance Officer or a Municipal Standards Investigator employed by the Town of Oakville to enforce by-laws, as well as a police officer or special constable employed by a police service.
Municipal Right-of-Way: means land owned by the Town of Oakville as opened or unopened road allowances for the purposes of a public highway under the Municipal Act, 2001, but excludes Town lands owned or operated as parkland, creeks and watercourses, and related public trail systems.
Penalty Notice: means a notice issued pursuant to the Parking Administrative Penalties By-law 2015-071, as amended.
Recreational Vehicle: means a vehicle requiring a licence and designed to be used primarily for travel, recreation or vacationing and includes such vehicles commonly known as travel trailers, camper trailers, truck campers, motor homes, boats, snowmobiles or other similar vehicles but does not include a mobile home.
Registered Gross Weight: means the maximum allowable weight based on the fees paid for the vehicle licence plates.
Tow Truck” means,
- a motor vehicle commonly known as a tow truck,
- a commercial motor vehicle, as defined in subsection 1 (1) of the Highway Traffic Act, with a flatbed that can tilt to load and that is used exclusively to tow or transport other motor vehicles, and
- subject to any prescribed exceptions, a motor vehicle that is designed, modified, configured or equipped so that it is capable of towing other motor vehicles.
Tractor-trailer: means the combination of a commercial motor vehicle and a trailer or semi-trailer.
Traffic By-law: means Traffic By-law 1984-1, as amended, or successor by-laws.
Wrap: means a vinyl graphic or decal applied directly over the original paint of a motor vehicle. It may cover the entire surface or specific sections and is typically used for advertising or branding purposes.
Responsibilities
The Director of Municipal Enforcement Services or designate shall be responsible for the administration of this procedure.