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Part II .

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Securing Loads on Vehicles Regulations

made under subsection 199(3) of the

Motor Vehicle Act

R.S.N.S. 1989, c. 293

O.I.C. 2006-546 (effective December 14, 2006), N.S. Reg. 226/2006

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.

Click here to go to the text of the regulations .

Citation

Definitions

Application of regulations

Compliance with regulations

If load secured in carrier’s or driver’s absence

Owner must provide devices and post regulations

Light-weight or fine particles

Bulk, liquid or semi-liquid materials

Application of Sections 10 to 13

Means of securing load

Tiedowns

Timber used in securing loads

Inspecting load while in transit

Application of Sections 15 and 16

National Standard adopted by reference

Exemption from National Standard

Interpretation

Citation

1 These regulations may be cited as the Securing Loads on Vehicles Regulations .

Definitions

(1) In these regulations,

(a) “Act” means the Motor Vehicle Act ;

(b) “carrier” means a carrier as defined in clause 303A(

a) of the Act;

(c) “Department” means the Department of Transportation and Public Works;

(d) “driver” means a driver as defined in clause 2(

l) of the Act;

(e) “load”, except in the term “working load limit”, has the same meaning as

“cargo” in the National Standard;

(f) “National Standard” means the National Safety Code Standard 10: Cargo

Securement, as amended from time to time, published by the Canadian

Council of Motor Transport Administrators and assigned ISBN number 0-921795-71-8;

(g) “sealed load” means a load that is placed within a means of containment

so that the driver of the vehicle carrying it does not have access to the

load.

(2) Unless otherwise defined in the Act, terms defined in the National Standard have

the same meanings when used in these regulations.

Application of regulations

3 These regulations apply to every vehicle that carries a load on a highway.

Responsibilities of Carriers, Drivers and Shippers

Compliance with regulations

(1) A carrier and each agent and employee of the carrier must comply with these

regulations in connection with any vehicle that is owned, leased or otherwise the

responsibility of the carrier and that carries a load on a highway.

(2) A driver must comply with these regulations in connection with any vehicle that is

driven, operated or otherwise under the charge of the driver and that carries a load

on a highway.

If load secured in carrier’s or driver’s absence

(1) If a shipper of goods or the shipper’s agent or employee loads a vehicle in the

absence of the carrier, the carrier’s agent or employee, or the driver, the shipper

must ensure that the load is secured in compliance with these regulations.

(2) If a carrier or the carrier’s agent or employee loads a vehicle in the absence of the

driver, the carrier must ensure that the load is secured in compliance with these

regulations.

Owner must provide devices and post regulations

6 An owner or lessee of a vehicle engaged in carrying a load on a highway for commercial

purposes must

(

a) provide the load-securing devices required by these regulations; and

(

b) post the requirements of these regulations in a conspicuous location so that

they are readily accessible to all drivers, or otherwise take steps to ensure

that all drivers are made aware of the requirements of these regulations.

Covering Loads

Light-weight or fine particles

(1) Except as provided in subsection (2), a load consisting in whole or in part of light-weight or fine particles that are loosely packed, including any of the following,

must be covered entirely by a tarpaulin or other covering so that none of the load

can escape from the vehicle:

(

a) sawdust, shavings or wood chips;

(

b) sand;

(

c) salt;

(

d) paper;

(

e) shredded metal;

(

f) waste.

(2) Subsection (1) does not apply to either of the following:

(

a) a vehicle while it is being operated to apply sand, salt, a mixture of sand

and salt, or any similar substance to a highway for the purpose of winter

highway maintenance;

(

b) a vehicle while it is being operated to collect waste.

Bulk, liquid or semi-liquid materials

(1) Except as provided in subsection (2), a load consisting of bulk, liquid or semi-liquid materials, including any of the following, must be covered entirely by a

tarpaulin or other covering so that none of the load can escape from the vehicle:

(

a) firewood, Christmas trees or tree branches;

(

b) moss or seaweed;

(

c) gravel, crushed stone or rock;

(

d) coal.

(2) Subsection (1) does not apply if the vehicle carrying the load is adequately

constructed or loaded to prevent any portion of the load from escaping from the

vehicle.

Vehicles Weighing 4500 kg or Less

Application of Sections 10 to 13

9 Sections 10 to 13 apply to a vehicle that has a registered gross vehicle weight of 4500 kg

or less and that carries a load on a highway.

Means of securing load

(1) A load carried on a vehicle must be secured by one of the following means to

prevent the load from shifting on or falling from the vehicle:

(

a) sides, sideboards or stakes, and a rear endgate, endboard or stakes, each of

which

(

i) is securely attached to the vehicle,

(ii) has sufficient strength and height, and

(iii) has no opening large enough to permit any of the load to pass

through;

(

b) at least 1 tiedown that meets the requirements of

Section 11 for each 3.04

linear metres of the load or fraction of 3.04 linear metres, and as many

additional tiedowns that meet the requirements of

Section 11 as are

necessary to secure each part of the load, either by direct contact between

the tiedown and the load or contact between the tiedown and dunnage that

is in contact with the load;

(

c) any other means that prevents a load from shifting or falling that is similar

to, and at least as effective as, the means specified in clauses (

a) and (b).

(2) A tiedown is deemed to comply with the requirements for contact in clause (1)(

b) if it meets both of the following criteria:

(

a) it is in contact with the exterior topmost items of the load, or with dunnage

that is in contact with the exterior topmost items of the load;

(

b) it securely holds each interior and lower item of the load.

(3) A means of securing a load on a vehicle required by subsection (1) must be strong

enough to prevent the load from shifting in a forward direction when the vehicle

decelerates at a rate of 6 m per second or faster.

(4) This

Section does not apply to either of the following:

(

a) a vehicle carrying a load that, because of its size, shape or weight, must be

carried on a special-purpose vehicle or must be fastened by special

methods, if the load is securely and adequately fastened to the vehicle;

(

b) a vehicle being operated by or on behalf of an authority having jurisdiction

and control over a highway to apply materials used in constructing,

maintaining or marking lines on the highway.

Tiedowns

(1) The working load limit of a tiedown or tiedown component that is marked by its

manufacturer with a numeric working load limit is deemed to be the marked

working load limit.

(2) The working load limit of a tiedown or tiedown component that is not marked by

its manufacturer with a numeric working load limit is deemed to be the working

load limit of the lowest grade or classification for that type and size of tiedown or

tiedown component, as set out in

Part 3 of the National Standard.

(3) The working load limit of a tiedown is the working load limit of the weakest

component of that tiedown.

(4) Each anchor point of a tiedown must be strong enough to sustain the force exerted

by the tiedown regardless of the direction of that force.

(5) A tiedown must not be used in any of the following circumstances:

(

a) the portion of the tiedown that would be used to secure a load has a knot in

it;

(

b) any of the tiedown’s components exhibit stretch, deformation, wear or

damage beyond the limits specified by the manufacturer;

(

c) the tiedown has been repaired or shortened other than in accordance with

the manufacturer’s specifications.

(6) If a lever-type tensioning device is used on a tiedown, the handle must be locked

in place and secured by an adequate secondary means to prevent its inadvertent

release.

(7) Except in the case of steel, fibre or synthetic strapping that is permanently

crimped, tiedowns used on a vehicle to secure a load against movement in any

direction must be designed, constructed and maintained so that the driver of the

vehicle can tighten the tiedowns while in transit.

Timber used in securing loads

12 Timber used on or in a vehicle as dunnage, chocks or cradles or for blocking or bracing

must be strong enough so that it will not be split or crushed by the load or the tiedowns.

Inspecting load while in transit

(1) Except as provided in this Section, a driver of a vehicle carrying a load on a

highway must periodically and adequately inspect the load and its load-securing

devices while in transit, and adjust the load and its load-securing devices as

necessary to maintain the security of the load.

(2) A driver of a vehicle carrying a sealed load is not required to inspect or adjust the

sealed load or its load-securing devices if the driver has been ordered not to open

the sealed load for inspection or adjustment.

(3) A driver of a vehicle carrying a sealed load with the means of containment of the

load secured or required to be secured to the vehicle must periodically and

adequately inspect the means of containment and its load-securing devices while

in transit, and adjust the means of containment and its load-securing devices as

necessary to maintain the security of the means of containment.

(4) A driver of a vehicle carrying a load that has been loaded in a manner that makes

any portion of the load or its load-securing devices inaccessible is not required to

inspect or adjust the portion of the load or load-securing devices that is

inaccessible.

(5) A driver of a vehicle carrying a load that has been loaded in a manner that makes

any portion of the load or its load-securing devices inaccessible must periodically

and adequately inspect the portions of the load and load-securing devices that are

accessible as necessary to maintain the security of the load.

Vehicles Weighing Over 4500 kg

Application of Sections 15 and 16

14 Sections 15 and 16 apply to a vehicle that has a registered gross vehicle weight of more

than 4500 kg and that carries a load on a highway.

National Standard adopted by reference

15 The National Standard is adopted with respect to every vehicle that has a registered gross

vehicle weight of more than 4500 kg and that carries a load on a highway.

Exemption from National Standard

16 Subsections 5(1) and (2) and

Section 9 of the National Standard do not apply to either of

the following:

(

a) a vehicle carrying a load that, because of its size, shape or weight, must be

carried on a special-purpose vehicle or must be fastened by special

methods, if the load is securely and adequately fastened to the vehicle;

(

b) a vehicle being operated by or on behalf of an authority having jurisdiction

and control over a highway to apply materials used in constructing,

maintaining or marking lines on the highway.

Legislative History

Reference Tables

Securing Loads on Vehicles Regulations

N.S. Reg.

226/2006

Motor Vehicle Act

Note: The

information in these tables does not form part of the regulations and is

compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Securing Loads on Vehicles Regulations made

under the Motor Vehicle Act includes all of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

226/2006

Dec 14, 2006

date specified

Jan 5, 2007

The following regulations are not yet in force and

are not included in the current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

*See subsection 3(6) of the Regulations Act for

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs . = repealed and substituted

Provision affected

How affected

..........................................................

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections

Note

Effective

date

The reference to the Department of Transportation and

Public Works in s. 2(1) should be read as a reference to the Department of

Transportation and Infrastructure Renewal in accordance with O.I.C. 2007-553

under the Public Service Act ,

R.S.N.S. 1989, c. 376.

Oct 23, 2007

The reference to the Department of Transportation and Public

Works in s. 2(1) should be read as a reference to the Department of

Transportation and Active Transit in accordance with O.I.C. 2021-56 under the Public Service Act , R.S.N.S. 1989,

c. 376.

Feb 23, 2021

The reference to the Department of Transportation and

Public Works in s. 2(1) should be read as a reference to the Department of

Public Works in accordance with O.I.C. 2021-209 under the Public Service Act , R.S.N.S. 1989, c.

Aug 31, 2021

Repealed and Superseded

N.S.

Regulation

Title

In force

date

Repealed

date

Note: Only

regulations that are specifically repealed and replaced appear in this

table. It may not reflect the entire

history of regulations on this subject matter.