Alberta Gazette — 30 May 2009 (Part II)
30 May 2009
Alberta — Gazette
Alberta Regulation 114/2009
Alberta Housing Act
SOCIAL HOUSING ACCOMMODATION AMENDMENT REGULATION
Filed: May 1, 2009
For information only: Made by the Minister of Housing and Urban Affairs
(M.O. 017/2009) on April 16, 2009 pursuant to
section 34 of the Alberta Housing
Act.
1 The Social Housing Accommodation Regulation
(AR 244/94) is amended by this Regulation.
Section 1(1)(
n) is amended
(
a) by striking out "and" at the end of subclause (i);
(
b) in subclause (ii) by adding "except where subclause (iii)
or (iv) applies," after "in the case of a senior household,";
(
c) by adding the following after subclause (ii):
(iii) in the case of a senior household that includes or is
comprised of 2 individuals who are the spouse or adult
interdependent partner of one another, one of whom is
65 years of age or older, and those 2 individuals have
not jointly elected to split pension income, the total
income of all members of the senior household
determined in accordance with subclause (ii), and
(iv) in the case of a senior household that includes or is
comprised of 2 individuals who are the spouse or adult
interdependent partner of one another, one of whom is
65 years of age or older, and those 2 individuals have
jointly elected to split pension income, the sum of
(
A) the amount shown on line 150 less the amount
shown on line 210 of the Notice of Assessment in
respect of the income tax return filed under the
Income Tax Act (Canada) by the individual who is
receiving the pension, and
(
B) the amount shown on line 150 of the Notice of
Assessment in respect of the income tax return
filed under the Income Tax Act (Canada) by the
other individual,
where the amount deducted on line 210 of the Notice of
Assessment of the individual who is receiving the
pension and the amount claimed on line 116 of the other
individual's Notice of Assessment are the same,
--------------------------------
Alberta Regulation 115/2009
Marketing of Agricultural Products Act
POTATO GROWERS OF ALBERTA MARKETING
AMENDMENT REGULATION
Filed: May 1, 2009
For information only: Made by Potato Growers of Alberta on January 23, 2009
pursuant to
section 26 of the Marketing of Agricultural Products Act and approved by
the Agricultural Products Marketing Council on January 29, 2009 pursuant to
section
26 of the Marketing of Agricultural Products Act.
1 The Potato Growers of Alberta Marketing Regulation
(AR 277/98) is amended by this Regulation.
Section 8(1)(
b) is amended by striking out "$15.00" and
substituting "$30.00".
--------------------------------
Alberta Regulation 116/2009
Meat Inspection Act
FEES REGULATION
Filed: May 4, 2009
For information only: Made by the Minister of Agriculture and Rural Development
(M.O. 7/2009) on April 29, 2009 pursuant to
section 12 of the Meat Inspection Act.
Licence fees
1 The fees payable on the issue of a licence under
section 11 of the
Meat Inspection Regulation (AR 42/2003) are
(
a) if licensed to operate a meat facility, $100, and
(
b) if licensed to operate as a mobile butcher, $100.
Inspection fees
2 The fees payable by the operator of an abattoir for an inspection
required under
section 4 or 5 of the Meat Inspection Act are, per work
station where an inspector carries out an inspection, as follows:
(a) $40 per hour or part of an hour in the case of an inspection
under a special arrangement made under
section 41(5) of the
Meat Inspection Regulation (AR 42/2003);
(
b) in any other case,
(i) $4 per hour or part of an hour for the first 7 1/4 hours in
any day, and
(ii) $40 per hour or part of an hour for any time in excess of
the first 7 1/4 hours in any day.
--------------------------------
Alberta Regulation 117/2009
Wildlife Act
WILDLIFE (GUIDING EXPERIENCE RELAXATION, 2009)
AMENDMENT REGULATION
Filed: May 4, 2009
For information only: Made by the Minister of Sustainable Resource Development
(M.O. 12/2009) on April 30, 2009 pursuant to sections 12 and 103(1) of the Wildlife
Act.
1 The Wildlife Regulation (AR 143/97) is amended by this
Regulation.
Section 57(1) is amended by repealing clause (
a) and
substituting the following:
(
a) is an individual who is an adult resident or non-resident who,
in the case of a non-resident, is a Canadian citizen or has
been admitted to permanent residence in Canada, and who
holds a big game guide's designation, or
Section 57(1.1) is amended
(
a) in clause (
a) by striking out "and has held such a
designation for any period of, or 2 or more periods
aggregating, at least 12 months";
(
b) in clause (
b) by striking out "and has held such a
designation for any period of, or 2 or more periods
aggregating, at least 12 months".
--------------------------------
Alberta Regulation 118/2009
Municipal Government Act
SUBDIVISION AND DEVELOPMENT FORMS AMENDMENT REGULATION
Filed: May 6, 2009
For information only: Made by the Minister of Municipal Affairs (M.O. L:037/09)
on May 1, 2009 pursuant to
section 604 of the Municipal Government Act.
1 The Subdivision and Development Forms Regulation
(AR 44/2002) is amended by this Regulation.
Section 3 is amended by striking out "June 30, 2009" and
substituting "June 30, 2011".
--------------------------------
Alberta Regulation 119/2009
Income and Employment Supports Act
TRAINING PROVIDER AMENDMENT REGULATION
Filed: May 6, 2009
For information only: Made by the Minister of Employment and Immigration
(M.O. 33/2009) on May 5, 2009 pursuant to
section 26 of the Income and
Employment Supports Act.
1 The Training Provider Regulation (AR 384/2003) is
amended by this Regulation.
Section 2(b)(ii) is amended by striking out "case" and
substituting "service".
3 The following is added after
section 9:
No refund payable
9.1 Notwithstanding any other provision in this Regulation, no
refund is payable in respect of a learner who successfully completes
all of the requirements of an approved training program before the
last scheduled day on which the approved training program is to be
completed.
--------------------------------
Alberta Regulation 120/2009
Climate Change and Emissions Management Act
CLIMATE CHANGE AND EMISSIONS MANAGEMENT
FUND ADMINISTRATION REGULATION
Filed: May 6, 2009
For information only: Made by the Lieutenant Governor in Council (O.C. 252/2009)
on May 6, 2009 pursuant to
section 60 of the Climate Change and Emissions
Management Act.
Table of Contents
Definitions
2 Designation of delegated authority
3 Delegation of duties, functions and powers
4 Payment of Fund money to delegated authority
5 Payment of expenses of delegated authority
6 Fees
7 Financial Administration Act not applicable
8 Agreement respecting delegation
9 Changes to objects and bylaws
10 The Corporation is not Crown agent
11 Inspection and audit
12 Annual report
13 Compliance with FOIP
14 Records
15 Expiry
Definitions
1 In this Regulation,
(a) "Act" means the Climate Change and Emissions
Management Act;
(b) "Corporation" means the Climate Change and Emissions
Management (CCEMC) Corporation;
(c) "Fund" means the Climate Change and Emissions
Management Fund established by
section 10 of the Act.
Designation of delegated authority
2(1) The Climate Change and Emissions Management (CCEMC)
Corporation is designated as a delegated authority.
(2) If the Corporation changes its name, a reference in this Regulation
to the Corporation's name is deemed to be a reference to its new name.
Delegation of duties, functions and powers
3 The performance of the Minister's duties and functions and the
exercise of the Minister's powers in respect of holding, administering
and making payments of the money paid to the Corporation from the
Fund under
section 4(1) are delegated to the Corporation.
Payment of Fund money to delegated authority
4(1) The Minister may pay some or all of the money in the Fund to
the Corporation from time to time.
(2) Money paid to the Corporation from the Fund under subsection
(1) belongs to the Corporation.
Payment of expenses of delegated authority
5 Salaries, fees, expenses, liabilities and other costs incurred by the
Corporation in carrying out a duty or function of or exercising a power
of the Minister delegated to the Corporation under
section 3 may be
paid out of the money paid to the Corporation from the Fund under
section 4(1).
Fees
6(1) The Corporation may collect money by the levy of assessments,
fees and charges on persons to whom it provides services, materials or
programs in the course of performing duties or functions or exercising
powers delegated to the Corporation under
section 3.
(2) The Corporation may use money collected under subsection (1) for
the purpose of costs incurred in performing a delegated duty or
function or exercising a delegated power.
(3) Notwithstanding the Financial Administration Act, any money
collected by the Corporation under subsection (1) belongs to the
Corporation.
(4) An assessment, fee or charge levied by the Corporation under
subsection (1) is recoverable by the Corporation as a debt due to the
Corporation.
Financial Administration Act not applicable
7 The Financial Administration Act does not apply to the Corporation
with respect to a delegated duty, function or power.
Agreement respecting delegation
8 The Minister may enter into an agreement with the Corporation
respecting any matter related to the duties, functions and powers
delegated to the Corporation by
section 3, including, without
limitation, the receipt and payment by the Corporation of money paid
to the Corporation from the Fund under
section 4(1).
Changes to objects and bylaws
9 If the Corporation proposes to change its objects or any of its
bylaws, it shall give reasonable prior notice of the proposed change to
the Minister.
The Corporation is not Crown agent
10 With respect to the delegation under
section 3, the Corporation
and the Corporation's employees, agents, directors and officers are not
agents of the Crown.
Inspection and audit
11(1) The Minister or a person designated by the Minister may,
without a warrant, at any reasonable time, enter premises, other than a
private dwelling, where the Corporation or the Corporation's
employees, agents, directors or officers are performing a duty or
function or exercising a power delegated under this Regulation and
(
a) may inspect and make copies of any document related to the
performance of the duty or function or exercise of the power,
and
(
b) may carry out an audit of the Corporation with respect to the
duty, function or power.
(2) On entering premises described in subsection (1), the Minister or
designated person shall, on request, produce identification and provide
advice on the power to carry out an inspection or audit.
(3) The Minister may charge the Corporation any reasonable costs
incurred in carrying out an audit under subsection (1) and that charge
is recoverable by the Minister as a debt due to the Crown.
Annual report
12(1) The Corporation shall,
(
a) not less than 30 days before the start of its fiscal year,
provide to the Minister a business plan for the Corporation
that indicates its goals for the coming fiscal year, and
(
b) not more than 6 months after the end of its fiscal year,
prepare and submit to the Minister an annual report with
respect to the performance of duties and functions and the
exercise of powers by the Corporation under this Regulation.
(2) The report must include a general
summary of the Corporation's
policies, operations and activities in that fiscal year and a financial
report that includes an audited financial statement.
(3) The financial statement or a note or
schedule to the financial
statement must include the remuneration and benefits that were paid
during the fiscal year to
(
a) members of the board of directors of the Corporation, and
(
b) management personnel who report directly to the board of
directors.
(4) The remuneration and benefits must be reported
(
a) on an individual basis by name in the case of persons referred
to in subsection (3)(a), and
(
b) on an aggregate basis in the case of persons referred to in
subsection (3)(b).
(5) The Minister is authorized to disclose personal information
reported under this section, and this subsection constitutes an
authorization for the purposes of
section 40(1)(
f) of the Freedom of
Information and Protection of Privacy Act.
Compliance with FOIP
13(1) The Corporation must comply with the Freedom of Information
and Protection of Privacy Act in the course of performing duties and
functions and exercising powers under this Regulation.
(2) The Corporation is authorized to collect personal information in
the course of performing duties and functions and exercising powers
under this Regulation, and this subsection constitutes an authorization
for the purposes of
section 33 of the Freedom of Information and
Protection of Privacy Act.
(3) The Corporation shall designate a person to be responsible for
freedom of information and protection of privacy matters.
(4) If a request for access to information is made under the Freedom
of Information and Protection of Privacy Act, the Corporation shall,
(
a) in the case of a request made directly to the Corporation,
immediately direct the request to the Freedom of Information
and Protection of Privacy Co-ordinator of the Minister's
Department, and
(
b) in every case, comply with such directions regarding the
request as may be provided by the Co-ordinator.
Records
14(1) All records in the custody or under the control of the
Corporation that are required in the performance of duties or functions
or the exercise of powers under this Regulation are subject to the
Records Management Regulation (AR 224/2001).
(2) All information and records issued or maintained by the
Corporation in the course of performing duties or functions or
exercising powers under this Regulation become and remain the
property of the Crown in right of Alberta.
(3) The Corporation shall designate a person to be responsible for
records management matters.
Expiry
15 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on September 1, 2014.
Alberta Regulation 121/2009
Traffic Safety Act
COMMERCIAL VEHICLE SAFETY REGULATION
Filed: May 12, 2009
For information only: Made by the Minister of Transportation (M.O. 03/09) on May
5, 2009 pursuant to sections 18(2)(a), 21, 81, 116 and 156 of the Traffic Safety Act.
Table of Contents
Interpretation
Definitions
General Standards
2 Adoption of standards
Prohibition
3 Operating an unsafe vehicle
Compliance with Safety Standards
4 Compliance with safety standards
Compliance with Maintenance Standards
5 Compliance with maintenance standards
6 Maintenance and inspection program
7 Corrective actions
8 Notice of defect
Trip Inspection Requirements
Definitions
10 Daily trip inspection requirements
11 Under-vehicle trip inspection requirements
12 Trip inspection report
13 Distribution and retention of reports
14 Report of defects
15 Defects observed during operation
16 Requirements to repair or correct
Cargo Securement Requirements
17 Cargo securement requirements
School Bus Operation Requirements
18 Compliance with standards
19 Limitation on use of school bus
20 Requirements for other use of school bus
21 Vehicle no longer used as a school bus
22 Alteration of school bus
23 Prohibitions
24 Fuelling
25 Use of tobacco, etc.
26 Embarking and disembarking students
27 Application of crossing arm outside of urban area
28 Application of crossing arm inside urban area
29 Standing, etc., in school bus
30 Leaving school bus
Driveaway or Towaway Requirements
31 Driveaway or towaway requirements
Transportation of Anhydrous
Ammonia Requirements
32 Transportation of anhydrous ammonia
and other fertilizers
33 Brakes on trailer
34 Brakes on trailers not required
35 Farm wagon trailer
36 Self-propelled floater implement of husbandry
Records
37 Records
38 Retention of records
39 Interference with records
Administration
40 Exemption by Registrar
41 Notice of administrative penalty
42 Determination of penalty amount
43 Limitation period
44 Offences
Transitional Provisions, Consequential
Amendments, Repeals, Expiry and
Coming into Force
45 Transitional provisions
46-48 Consequential amendments
49 Repeals
50 Expiry
51 Coming into force
Schedules
Appendix
Interpretation
Definitions
1(1) In this Regulation,
(a) "Act" means the Traffic Safety Act;
(b) "bus" means a bus as defined in
section 130(1)(
a) of the Act;
(c) "carrier" means a carrier as defined in
section 130(1)(
b) of
the Act;
(d) "handi-bus" means a handi-bus as defined in the Vehicle
Inspection Regulation (AR 211/2006);
(e) "motor coach" means a bus of monocoque design
manufactured with underfloor baggage storage, but does not
include a transit bus;
(f) "notice of defect" means a notice issued by a manufacturer,
distributor or importer of a vehicle as prescribed by the
Motor Vehicle Safety Act (Canada);
(g) "owner" means owner as defined in
section 1(1)(ee) of the
Act;
(h) "principal place of business" means a principal place of
business of a carrier as defined in the Drivers' Hours of
Service Regulation (AR 317/2002);
(i) "school" means
(
i) a charter school as defined in
section 1(1)(
c) of the
School Act, or
(ii) a school as defined in
section 1(1)(y)(i), (ii) or (iii) of
the School Act;
(j) "school board" means
(
i) a board as defined in
section 1(1)(
b) of the School Act,
(ii) a person or organization that operates a private school
as defined in
section 1(1)(
s) of the School Act;
(k) "school bus" means a bus that meets the requirements of a
Type A1, A2, B, C or D school bus described in CSA
Standard D250-2007 and that is used primarily to transport
students to and from a school;
(l) "student" means a student as defined in
section 1(1)(gg) of
the School Act;
(m) "transit bus" means a transit bus as defined in the Vehicle
Inspection Regulation (AR 211/2006).
(2) In this Regulation, "retrofit" and "retrofitted" do not include the
replacement or addition of parts or equipment to rectify a defect in a
vehicle in respect of which a manufacturer has issued a recall.
General Standards
Adoption of standards
2 The following standards are adopted and apply to commercial
vehicles under this Regulation:
(
a) Canadian Standards Association Standard CAN/CSA B651,
referred to as CAN/CSA B651, as it applies to signs and
(
b) Canadian Standards Association Standard D250-2007,
referred to as CSA D250-2007, as it applies to school buses;
(
c) Canadian Standards Association Standard Z605, referred to
as CSA Z605, as it applies to mobility aids and MASOR
systems;
(
d) Canada Motor Vehicle Safety Standard 209 Seat Belt
Assemblies, referred to as CMVSS 209, as it applies to seat
belt assemblies;
(
e) Canada Motor Vehicle Safety Standard 210 Seat Belt
Assembly Anchorages, referred to as CMVSS 210, as it
applies to seat belt assembly anchorages;
(
f) National Safety Code for Motor Carriers Standard 10 (Cargo
Securement), referred to as NSC Standard 10, made by the
Canadian Council of Motor Transport Administrators and
dated September 23, 2004,
section 1 (Interpretation) and
Parts 1 to 4;
(
g) National Safety Code for Motor Carriers Standard 13,
Part 2
(Trip Inspection), made by the Canadian Council of Motor
Transport Administrators, referred to as NSC Standard 13, as
follows:
(
i) Schedule 1 (Truck, Tractor and Trailer),
(ii)
Schedule 2 (Bus),
(iii)
Schedule 3 (Motor Coach - Daily),
(iv)
Schedule 4 (Motor Coach - 30 Days or 12 000
Kilometres);
(
h) Society of Automotive Engineers Standard J774, referred to
as SAE J774, as it applies to emergency warning devices;
(
i) Society of Automotive Engineers Standard J941, referred to
as SAE J941, as it applies to visibility standards for school
bus drivers;
(
j) Underwriters' Laboratory of Canada Standard
CAN-ULC-S508-M, referred to as CAN-ULC-S508-M, as it
applies to rating and testing of fire extinguishers.
Prohibition
Operating an unsafe vehicle
3 In addition to any other requirements of this Regulation and the
Schedules to this Regulation, a person shall not operate or permit
another person to operate a commercial vehicle on a highway if the
commercial vehicle or any equipment pertaining to the commercial
vehicle is in a condition that is likely to cause danger to persons or
property.
Compliance with Safety Standards
Compliance with safety standards
4(1) Unless otherwise provided in this Regulation or a
Schedule to
this Regulation, a person shall not operate or permit another person to
operate a commercial vehicle on a highway unless the commercial
vehicle complies with the safety standards set out in
Schedule 1.
(2) A person shall not modify, retrofit or otherwise equip a
commercial vehicle in such a way or to such an extent that it no longer
complies with the applicable standards referred to in this
section and in
section 5.
(3) Subsection (2) and the provisions of
Schedule 1 shall not be
construed so as to require a school bus to be retrofitted with any
equipment if that equipment was not originally included in that bus
when it was manufactured, as long as the bus conformed with the
version of CSA D250 applicable at the time of manufacture.
Compliance with Maintenance Standards
Compliance with maintenance standards
5(1) In this
section and in
section 6 and
Schedule 2, "commercial
vehicle" means
(
a) a commercial vehicle or a combination of commercial
vehicles that is registered for a gross weight of more than
4500 kilograms and that is not a bus, or
(
b) a bus.
(2) Unless otherwise provided in this
section or in
Schedule 2, a
person shall not operate or permit another person to operate a
commercial vehicle on a highway unless the commercial vehicle
complies with the standards
(
a) prescribed in
Schedule 2,
(
b) prescribed under the Vehicle Equipment Regulation, and
(
c) required under
(
i) the Motor Vehicle Safety Act (Canada), and
(ii) the Motor Vehicle Safety Regulations (Canada)
applicable at the time of manufacture of the vehicle.
(3) In addition to the requirements of subsection (2), a person shall not
operate or permit another person to operate a bus that is equipped to
transport persons with physical disabilities on a highway unless the
vehicle complies with the standards prescribed in
Schedule 3.
(4) In addition to the requirements of subsections (2) and (3), a person
shall not operate or permit another person to operate a handi-bus on a
highway unless the vehicle complies with the standards prescribed in
Schedule 4.
(5) In addition to the requirements of subsection (2), a person shall not
operate or permit another person to operate a school bus on a highway
unless the vehicle complies with the standards prescribed in
(
a) Schedule 5, and
(
b) the requirements of
(
i) CSA Standard D250-2007, or
(ii) a version of CSA D250 adopted by the Canadian
Standards Association subsequent to CSA D250-2007.
(6) Despite subsections (2), (3), (4) and (5), if the manufacturer of a
commercial vehicle constructs a vehicle to standards that are different
from any of the requirements under subsection (2), (3), (4) or (5), as
the case may be, a person shall not operate or permit another person to
operate that vehicle on a highway unless that vehicle is maintained to
those different standards.
(7) Subsection (4) does not apply to a handi-bus that was purchased or
first used as a handi-bus before September 1, 1999.
(8) Subsections (1) to (5) and the provisions of Schedules 2 to 5 shall
not be construed so as to require a school bus to be retrofitted with any
equipment if that equipment was not originally included in that bus
when it was manufactured, as long as the bus conformed with the
version of CSA D250 applicable at the time of manufacture.
Maintenance and inspection program
6(1) A carrier shall prepare and carry out a maintenance and
inspection program that pertains to the carrier's commercial vehicle.
(2) Despite subsection (1), the Registrar may require an owner of a
commercial vehicle or a combination of commercial vehicles who is
not a carrier to comply with the requirements of subsection (1).
(3) A maintenance and inspection program under subsection (1) must
be in writing and provide for a continuous and regular program for the
inspection, maintenance and repair of the carrier's commercial vehicle
according to the following requirements, as applicable:
(
a) this
section and Schedules 2, 3, 4 and 5;
(
b) sections 10 and 11;
(
c) the Vehicle Inspection Regulation (AR 211/2006).
(4) A carrier shall maintain a copy of the maintenance and inspection
program prepared under subsection (1) in each location of the carrier
where the maintenance and inspection of the carrier's commercial
vehicles are carried out, and shall ensure that the copy is readily
accessible to the employees of the carriers who carry out the
maintenance and inspection program.
(5) Unless otherwise authorized by the Registrar, in addition to the
requirements of subsection (4), a copy of the maintenance and
inspection program prepared under subsection (1) must also be
maintained at the carrier's principal place of business.
Corrective actions
7 When a commercial vehicle requires repair in order to comply with
section 5(2), (3), (4), (5) or (6),
(
a) the replacement parts used in the repair of that vehicle
(
i) must be designed for the particular application for
which they are used,
(ii) must be in proper working condition, and
(iii) must be properly installed,
and
(
b) the repair must be completed in a manner so as to ensure the
safe operation of the vehicle.
Notice of defect
8 When an owner or a carrier receives a notice of a defect in respect
of one of the owner's or carrier's commercial vehicles, the owner or
carrier shall immediately
(
a) repair or otherwise modify the vehicle, or cause it to be
repaired or modified, in accordance with instructions
provided by the manufacturer in the notice, or
(
b) if instructions are not given by the manufacturer, repair or
otherwise modify the vehicle as necessary to correct the
defect.
Trip Inspection Requirements
Definitions
9 In this
section and sections 10 to 16,
(a) "daily trip inspection" means a daily trip inspection
conducted under this Regulation and includes
(
i) a daily trip inspection of a truck, truck-tractor or trailer
conducted under
section 10,
(ii) a daily trip inspection of a bus other than a motor coach
conducted under
section 10, and
(iii) a daily trip inspection of a motor coach conducted under
section 10;
(b) "major defect" means the condition of an item specified as a
major defect in
Schedule 1, 2, 3 or 4 of NSC Standard 13,
Part 2;
(c) "NSC Standard 13,
Part 2" means NSC Standard 13,
Part 2
adopted under
section 2;
(d) "trailer" means a trailer as defined in the Commercial Vehicle
Dimension and Weight Regulation (AR 315/2002);
(e) "trip inspection report" means a report prepared under
section 12;
(f) "truck" means a truck as defined in the Commercial Vehicle
Dimension and Weight Regulation (AR 315/2002);
(g) "truck-tractor" means a truck designed primarily for drawing
other vehicles and not constructed for carrying any load other
than a part of the weight of the vehicle and load drawn, and
includes a tractor as referred to in NSC Standard 13 or a
vehicle designed to accept a fifth wheel coupling, but does
not include a crane-equipped breakdown vehicle;
(h) "under-vehicle trip inspection" means a 30-day or 12 000
kilometre trip inspection of a motor coach conducted under
section 11;
(i) "vehicle identification number" means a number or a mark
referred to in
section 2(a), (
b) or (
c) of
Schedule 1.
Daily trip inspection requirements
10(1) In this section, "commercial vehicle" means
(
a) a commercial vehicle or a combination of commercial
vehicles that has a registered gross weight of more than, or
that weighs more than, 4500 kilograms and that is not a bus,
(
b) a bus.
(2) Unless otherwise provided in this Regulation, an owner or a carrier
shall not permit a driver to drive, and a driver shall not drive, a
commercial vehicle unless
(
a) the commercial vehicle has been inspected in accordance
with the daily trip inspection requirements set out in this
section, and
(
b) no major defect was detected in the vehicle during the daily
trip inspection referred to in clause (a).
(3) A daily trip inspection is valid for 24 hours from the time recorded
in the trip inspection report.
(4) Subject to subsection (10), the driver, the owner, the carrier or the
person authorized by the carrier or the owner to conduct a daily trip
inspection under this
section shall inspect the operating condition,
(
a) with respect to a truck, truck-tractor or trailer, of the items
specified in
Schedule 1 of NSC Standard 13,
Part 2, and
(
b) with respect to a bus, of the items specified in
Schedule 2 of
NSC Standard 13,
Part 2.
(5) Despite subsection (4)(
b) but subject to subsection (10) and
section
11, the carrier or the person authorized by the carrier of a commercial
vehicle to conduct a daily trip inspection under this
section may, with
respect to a bus that is a motor coach, inspect the operating condition
of the items specified in
Schedule 3 of NSC Standard 13,
Part 2.
(6) Subsection (2) does not apply to a commercial vehicle that is
engaged in the transportation of goods or passengers for the purpose of
providing immediate relief in the case of a natural disaster or disaster
caused by human intervention.
(7) The carrier or the owner of a commercial vehicle may authorize a
person to conduct daily trip inspections of the commercial vehicle and
to prepare trip inspection reports concerning the commercial vehicle
under this section.
(8) If a driver or a person authorized by the owner to conduct a trip
inspection under this
section believes or suspects that there is a safety
defect in a commercial vehicle inspected under this section, the driver
or the person authorized by the owner shall report the defect to the
owner of the commercial vehicle
(
a) without delay if the defect is a major defect, or
(
b) in a timely manner, and not later than the next required daily
trip inspection, in all other cases.
(9) A carrier shall ensure that a copy of the
Schedule referred to in
subsection (4)(
a) or (
b) that is applicable to the commercial vehicle,
including any modifications made to the
Schedule in accordance with
subsection (10), is located in the vehicle.
(10) A carrier may modify the
Schedule applicable to the commercial
vehicle by
(
a) including in the
Schedule additional information or items to
be inspected,
(
b) deleting a portion of the
Schedule respecting the inspection
of a specific component of the vehicle if the vehicle to be
inspected under that
Schedule is not required to have and
does not have that component, or
(
c) both including the information or items specified in clause
(
a) and deleting the portions specified in clause (b).
(11) A driver shall, on the request of a peace officer, produce to the
peace officer for inspection the
Schedule required under subsection
(9) to be located in the vehicle.
Under-vehicle trip inspection requirements
11(1) Where a bus that is a motor coach has been inspected under
section 10(5), unless otherwise provided in this Regulation, a carrier
shall not permit a driver to drive, and a driver shall not drive, the motor
coach unless
(
a) the motor coach has also been inspected in accordance with
the under-vehicle trip inspection requirements of this section,
and
(
b) no major defect was detected in the motor coach during the
under-vehicle trip inspection.
(2) The under-vehicle trip inspection referred to in subsection (1) is
valid
(
a) for 30 days, or
(
b) until the day on which the motor coach has travelled 12 000
kilometres after the under-vehicle trip inspection,
whichever occurs first.
(3) The person authorized by the carrier of a motor coach to conduct
an under-vehicle trip inspection under this
section shall inspect the
operating condition of the items specified in
Schedule 4 of NSC
Standard 13,
Part 2.
(4) The under-vehicle trip inspection referred to in subsection (1) must
be conducted
(
a) while the motor coach is positioned over a pit or raised in a
manner that provides adequate access to all of the items
subject to the inspection, and
(
b) by a person who holds a subsisting Heavy Equipment
Technician trade certificate under the Apprenticeship and
Industry Training Act, or a person meeting the requirements
specified by the Registrar.
(5) Subsection (1) does not apply to a motor coach that is engaged in
the transportation of goods or passengers for the purpose of providing
immediate relief in the case of a natural disaster or disaster caused by
human intervention.
(6) A carrier may authorize a person to conduct under-vehicle trip
inspections of a motor coach and to prepare under-vehicle trip
inspection reports concerning the motor coach under this section.
Trip inspection report
12(1) In this
section
(
a) and in sections 13 to 16, "commercial vehicle" means a
commercial vehicle referred to in
section 2 or 19 of the
Commercial Vehicle Certificate and Insurance Regulation
(AR 314/2002) that requires a safety fitness certificate or the
equivalent authorization issued by a government or
government agency in the jurisdiction in which the
commercial vehicle is registered;
(
b) and in
section 13, "home terminal" means a home terminal as
defined in the Drivers' Hours of Service Regulation
(AR 317/2002).
(2) A carrier shall require every driver employed or otherwise engaged
by the carrier, or a person authorized by the carrier under
section 10(7)
or 11(6), to prepare a trip inspection report in accordance with this
section.
(3) The driver or the person authorized by the carrier under
section
10(7) or 11(6) shall prepare, for each commercial vehicle driven, the
trip inspection report
(
a) in a legible written format, or
(
b) in a legible electronic format acceptable to the Registrar.
(4) The trip inspection report must
(
a) state the licence plate number, the commercial vehicle
identification number or unit number of the commercial
vehicle,
(
b) record the odometer or hubometer reading of the commercial
vehicle at the time of the inspection,
(
c) state the name of the carrier operating the commercial
vehicle,
(
d) state the name of the municipality or location on the highway
where the commercial vehicle was inspected,
(
e) indicate
(
i) each defect in the operation of every item required to be
inspected in accordance with
section 10 or 11, as the
case may be, or
(ii) that no defect was detected,
(
f) state the time and date that the report is made,
(
g) state the name of the person who inspected the commercial
vehicle and include a statement signed by that person stating
that the commercial vehicle has been inspected in accordance
with the applicable requirements under
section 10 or 11, as
the case may be,
(
h) contain the name and signature of the driver or the person
making the report, and
(
i) in the case of a trip inspection under
section 11,
(
i) record the brake adjustment measurement,
(ii) indicate the nature of all repairs carried out to rectify
defects determined during the inspection, and
(iii) state the trade certificate number of the Heavy
Equipment Technician that conducted the inspection.
(5) No carrier shall permit a driver to drive, and no driver shall drive,
a commercial vehicle unless the driver has the trip inspection report of
a valid inspection conducted under
section 10(7) or 11(6) pertaining to
that commercial vehicle in that driver's possession.
(6) A driver shall, on the request of a peace officer, produce to the
peace officer for inspection the trip inspection report prepared under
this
section or a written document under
section 15.
(7) Despite subsections (2), (5) and (6), a driver, other than the driver
of a school bus, is not required to prepare a trip inspection report under
this
section if
(
a) the driver operates or is instructed by the carrier to operate a
commercial vehicle within a radius of 160 kilometres of the
home terminal,
(
b) a driver returns to the home terminal each day to begin a
minimum of 8 consecutive hours off-duty time, and
(
c) the driver is not driving under a permit issued relating to the
Drivers' Hours of Service Regulation (AR 317/2002).
(8) Subsection (7) is repealed on January 1, 2010.
Distribution and retention of reports
13(1) A driver shall, within 20 days after the completion of a trip
inspection report, forward the original of the report to the home
terminal of the carrier who is responsible for the commercial vehicle.
(2) A carrier shall
(
a) ensure that the driver forwards the original of the trip
inspection report as required under subsection (1),
(
b) deposit the original of the trip inspection report at its
principal place of business within 30 days of receiving it, and
(
c) keep each original of the trip inspection report in
chronological order for each vehicle for at least 6 months
after receiving it.
Report of defects
14 If the driver or the person authorized by the carrier to prepare a
trip inspection report under
section 10(7) or 11(6) believes or suspects
there is a safety defect in the commercial vehicle that was inspected
under
section 10(4) and (5) or 11(3) and (4), the driver or the person
authorized by the carrier shall report the defect to the carrier
(
a) without delay if the defect is a major defect, or
(
b) in a timely manner, and not later than the next required daily
trip inspection, in all other cases.
Defects observed during operation
15 Regardless of whether or not a trip inspection report is required
under
section 12, if a driver observes any safety defects specified in
Schedule 1, 2, 3 or 4 of NSC Standard 13, as the case may be, in the
commercial vehicle while driving the vehicle, the driver shall record
the safety defects in the trip inspection report or otherwise in a written
document and report that defect to the carrier responsible for the
vehicle, as the case may be,
(
a) without delay if the defect is a major defect, or
(
b) in a timely manner, and not later than the next required daily
trip inspection, in all other cases.
Requirements to repair or correct
16 A carrier or a person authorized by the carrier under
section 10(7)
or 11(6) shall not permit a driver to drive, and a driver shall not drive,
a commercial vehicle unless, before doing so, the carrier or the person
has
(
a) repaired or corrected any major defect listed on the trip
inspection report or the written document referred to in
section 12 or 15, as the case may be, and certified on the
report that the defect has been repaired or corrected, or
(
b) certified on the report that repair or correction is unnecessary.
Cargo Securement Requirements
Cargo securement requirements
17(1) In this section,
(a) "commercial vehicle" means a commercial vehicle or a
combination of commercial vehicles that is registered for a
gross weight of more than, or that weighs more than,
4500 kilograms and that is not a bus;
(b) "NSC Standard 10" means NSC Standard 10 adopted under
section 2.
(2) The vehicles referred to in NSC Standard 10 are deemed to be
commercial vehicles as defined in subsection (1)(a).
(3) A carrier or an owner of a commercial vehicle shall not permit a
driver to operate, and a driver shall not operate, a commercial vehicle
where the cargo transported in or on the commercial vehicle is not
contained, immobilized or secured in accordance with NSC
Standard 10 as it relates to the particular type of commercial vehicle.
(4) A driver, a carrier or an owner of a commercial vehicle shall
ensure that cargo transported by a commercial vehicle is contained,
immobilized or secured so that it cannot
(
a) leak, spill, blow off, fall from, fall through or otherwise be
dislodged from the commercial vehicle, or
(
b) shift upon or within the commercial vehicle to such an extent
that the commercial vehicle's stability or manoeuvrability is
adversely affected.
(5) The provisions of sections 10 and 22 of NSC Standard 10 do not
apply to a commercial vehicle that is registered as a Class 2
commercial vehicle under
section 77(1)(
b) and (2)(
g) of the Operator
Licensing and Vehicle Control Regulation (AR 320/2002), or a
commercial vehicle that is operated under contract with a farmer for
the purpose of hauling hay, used either singly or in combination with
one or more trailers, when it is transporting stacks or round or
rectangular bales of hay or straw within a 50-kilometre radius of the
load's place of origin if
(
a) the vehicle while transporting the load does not exceed
(
i) the posted speed limit, where the posted speed limit is
lower than 80 kilometres per hour, or
(ii) 80 kilometres per hour, where the posted speed limit is
80 kilometres per hour or higher,
and
(
b) the vehicle is not operated on any highway or portion of a
highway listed in
Schedule 7 except to cross the highway.
School Bus Operation Requirements
Compliance with standards
18 Unless otherwise provided in this Regulation, a person shall not
operate or permit a person to operate a school bus on a highway unless
the bus complies with the standards prescribed in
(
a) the Act,
(
b) Schedule 5, and
(
c) any other applicable regulations under the Act.
Limitation on use of school bus
19(1) Subject to subsection (3),
section 52 of the School Act and the
Student Transportation Regulation (AR 250/98), a school board shall
use only a school bus to transport students to or from a school.
(2) In addition to subsection (1), a school board may use a school bus
(
a) transport students, and other persons authorized in writing by
the school board, to or from extracurricular activities of the
school if
(
i) the trip has been authorized in writing by the school
principal, and
(ii) the driver of the school bus has in the driver's
possession on the bus documents evidencing the
approval referred to in subclause (i),
(
b) transport an employee of the school board who, in the course
of the carrying out of the employee's duties, must travel on
the school bus to accompany a student, if the transporting of
that employee is approved by the school board, and
(
c) transport a preschool child who accompanies the child's
parent or guardian while the parent or guardian is driving or
being transported in the school bus if,
(
i) before the preschool child is so transported, the school
board has given its written approval setting out the
times and conditions, if any, under which the preschool
child may be transported,
(ii) the child is secured in a child restraint system that meets
the requirements of the Vehicle Equipment Regulation,
and
(iii) the child does not occupy a seat required by a student
who is transported on the bus.
(3) Despite subsection (2), a school board may use a multi-functional
activity bus to transport a student for a trip other than that between the
school and the residence of the student.
(4) In subsection (3), "multi-functional activity bus" means a bus that
meets the requirements of a school bus under this Regulation except
for the following requirements:
(
a) alternating flashing warning lamps in accordance with
section 17 of
Schedule 5;
(
b) a stop arm in accordance with
section 27 of
Schedule 5;
(
c) a crossing arm in accordance with
section 28 of
Schedule 5;
(
e) the colour requirements for a school bus in accordance with
sections 2 and 8 of
Schedule 5.
(5) Where a school bus becomes temporarily disabled, another school
bus may be temporarily substituted for it.
(6) The certificate of registration and the licence plates for the
disabled school bus must be carried in the cab of the substitute school
bus at all times during which the substitute school bus is being used in
that capacity.
(7) If the substitution referred to in subsection (5) is required for a
period in excess of 7 days, the registered owner of the disabled school
bus shall notify the Registrar of the substitution, and the Registrar may
issue a permit for the substitute school bus for the period required.
Requirements for other use of school bus
20(1) If a school board or a person uses a school bus for a purpose not
specified in
section 19, the school board or the person, as the case may
be,
(
a) shall, in addition to any other applicable provisions under the
Commercial Vehicle Certificate and Insurance Regulation
(AR 314/2002), meet the operating authority certificate
requirements of that Regulation, and
(
b) shall not use the bus at the same time for a purpose under
section 19.
(2) Nothing in this
section shall be construed so as to prevent a school
bus from being operated for the purposes
(
a) of having it inspected, repaired or serviced, or
(
b) of moving it from one location to another location unless the
bus is used for a purpose under
section 19.
Vehicle no longer used as a school bus
21 When a school bus is no longer to be used for a purpose under
section 19, the owner of the bus shall
(
a) remove or cover all signs on the bus that make reference to
the fact that the vehicle is a school bus, and
(
b) remove the alternating flashing warning lamps and stop arm
required under the Vehicle Equipment Regulation.
Alteration of school bus
22(1) No person shall change, reconstruct or modify the body or
seating capacity of a school bus without the written approval of the
Registrar.
considers appropriate in an approval granted under subsection (1).
Prohibitions
23(1) In this section, "guide dog" means a guide dog as defined in the
Blind Persons' Rights Act.
(2) When a school bus is used for a purpose under
section 19, no
person shall convey in or on the school bus
(
a) animals,
(
b) firearms,
(
c) explosives,
(
d) combustible materials or substances, or
(
e) anything
(
i) of a dangerous or objectionable nature, or
(ii) that might endanger the lives or safety of persons in the
bus.
(3) Subsection (2)(
a) does not apply if
(
a) the animal is a guide dog accompanying a person with a
physical disability, and
(
b) while the bus is in motion, the guide dog sits or lies on the
floor under or in front of a passenger's seat without blocking
or otherwise obstructing the aisle of the bus.
Fuelling
24 When a school bus is used for a purpose under
section 19, the
driver of the school bus shall not allow any person, other than the
driver, in the bus when fuel is put into the fuel tank of the bus.
Use of tobacco, etc.
25(1) When a school bus is used for a purpose under
section 19, no
person in the school bus shall
(
a) consume alcohol or a drug that is a controlled substance
under the Controlled Drugs and Substances Act (Canada),
(
b) be impaired by alcohol or a drug that is a controlled
substance under the Controlled Drugs and Substances Act
(Canada), or
(
c) smoke or use tobacco in any manner.
(2) When a school bus is used for a purpose under
section 19, the
driver of the school bus shall ensure that no person in the school bus is
(
a) consuming alcohol or a drug that is a controlled substance
under the Controlled Drugs and Substances Act (Canada),
(
b) impaired by alcohol or a drug that is a controlled substance
under the Controlled Drugs and Substances Act (Canada), or
(
c) smoking or using tobacco in any manner.
Embarking and disembarking students
26(1) The driver of a school bus shall not embark or disembark
students onto or from a school bus unless
(
a) it is at a time and a place that is safe to do so, and
(
b) where applicable, it is in compliance with
section 43 of the
Use of Highway and Rules of the Road Regulation
(AR 304/2002).
(2) When the driver of a school bus disembarks a student from the
school bus, the driver shall not move the school bus after the
disembarking until the student is observed by the driver to have
reached a place that is safe from the traffic.
Application of crossing arm outside of urban area
27 Where a student must cross a highway outside of an urban area
before embarking onto or after disembarking from a school bus, the
driver of the school bus shall, as far as practicable, direct the student to
cross the highway in front of the crossing arm of the school bus with
the crossing arm in its open position.
Application of crossing arm inside urban area
28(1) Subject to subsection (2), where a student must cross a highway
inside an urban area before embarking onto or after disembarking from
a school bus, the driver of the school bus shall, as far as practicable,
direct the student to cross the highway in front of the crossing arm of
the school bus with the crossing arm in its open position or at a
crosswalk.
(2) Where a student must cross a highway inside an urban area before
embarking onto or after disembarking from a school bus, the driver of
the school bus shall, as far as practicable, direct the student to cross the
highway at a crosswalk if the council of the urban area has enacted a
bylaw that prohibits the school bus from using
(
a) a crossing arm,
(
b) a stop arm, or
(
c) alternating flashing warning lamps.
Standing, etc., in school bus
29 When a school bus is used for a purpose under
section 19, no
person shall
(
a) stand in the school bus,
(
b) get up from that person's seat in the school bus, or
(
c) embark onto or disembark from the school bus
while the school bus is in motion.
Leaving school bus
30 When a school bus is used for a purpose under
section 19, the
driver of the school bus shall not leave the school bus unless
(
a) the engine and ignition are turned off,
(
b) the ignition key is removed, and
(
c) the parking brake is set.
Driveaway or Towaway Requirements
Driveaway or towaway requirements
31(1) In this
section and in
Schedule 6,
(a) "driveaway or towaway operation" means an operation in
which a commercial vehicle transports one or more motor
vehicles by towing them in circumstances under which at
least one set of wheels of the towed motor vehicles is in
contact with the highway during transportation;
(b) "towed vehicle" means a motor vehicle being towed by a
commercial vehicle;
(c) "towing vehicle" means a commercial vehicle towing a
motor vehicle.
(2) Unless otherwise provided in this
section or in
Schedule 6, a
person shall not operate or allow another person to operate the towing
vehicle in a driveaway or towaway operation unless the towing
vehicle, the towed vehicle and related equipment used in the operation
comply with
Schedule 6.
(3) Subsection (2) does not apply to
(
a) a tow truck that is engaged in the recovery of a vehicle, or
(
b) a vehicle towing a temporarily disabled vehicle to a place of
repair.
Transportation of Anhydrous
Ammonia Requirements
Transportation of anhydrous ammonia and other fertilizers
32(1) In this
section and sections 33 to 36,
(a) "applicator" means an implement of husbandry without
motive power
(
i) that is specially designed for the field application of
anhydrous ammonia, and
(ii) on which an applicator tank is mounted;
(b) "applicator tank" means a container that
(
i) has a water capacity of not more than 10 000 litres, and
(ii) is mounted on an implement of husbandry;
(c) "container" means a means of containment as defined in the
Dangerous Goods Transportation and Handling Act that
contains anhydrous ammonia;
(d) "daytime" means daytime as defined in the Use of Highway
and Rules of the Road Regulation (AR 304/2002);
(e) "dry spreader trailer" means a hopper-type trailer that is
designed to transport and apply granular fertilizer;
(f) "farm wagon trailer" means an implement of husbandry
without motive power
(
i) on which a container is mounted,
(ii) that is designed to be towed by another vehicle,
(iii) that has a set of axles or a trailer converter dolly located
at or near the front end and that has a set of axles at or
near the rear end, and
(iv) that primarily carries its weight and any load on its
axles and, if a trailer converter dolly is used, on the
dolly;
(g) "implement of husbandry" means an implement of husbandry
as defined in the Use of Highway and Rules of the Road
Regulation (AR 304/2002);
(h) "self-propelled floater implement of husbandry" means a
motor vehicle that is designed, adapted or modified
exclusively for the field application of fertilizers.
(2) Unless otherwise provided in this Regulation, a person shall not
transport or permit another person to transport anhydrous ammonia or
other fertilizers in or on a commercial vehicle or an implement of
husbandry unless the vehicle or the implement complies with the
standards prescribed in this Regulation.
Brakes on trailer
33(1) Subject to sections 34 and 35, no person shall tow an applicator,
farm wagon trailer or dry spreader trailer unless the applicator, farm
wagon trailer or dry spreader trailer is equipped with brakes in
accordance with the brake requirements in
Schedule 2 and of the
Vehicle Equipment Regulation.
(2) In addition to subsection (1), any required brakes on an applicator,
farm wagon trailer or dry spreader trailer must comply with all
applicable provisions in sections 10 to 16 of
Schedule 2.
Brakes on trailers not required
34(1) An applicator or a farm wagon trailer may be towed without the
applicator or farm wagon trailer being equipped with brakes if
(
a) the applicator or farm wagon trailer has a gross trailer weight
that is
(i) 2300 kilograms or less and it is being towed by a motor
vehicle that has a manufacturer's gross vehicle weight
rating of at least 2700 kilograms,
(ii) more than 2300 kilograms but not greater than 3100
kilograms and it is being towed by a motor vehicle that
has a manufacturer's gross vehicle weight rating of at
least 3600 kilograms,
(iii) more than 3100 kilograms but not greater than 3900
kilograms and it is being towed by a motor vehicle that
has a manufacturer's gross vehicle weight rating of at
least 4500 kilograms,
(iv) more than 3900 kilograms but not greater than 4300
kilograms and it is being towed by a motor vehicle that
has a manufacturer's gross vehicle weight rating of at
least 6800 kilograms,
(
v) more than 4300 kilograms but not more than 5100
kilograms and it is being towed by a motor vehicle that
has a manufacturer's gross vehicle weight rating of at
least 10 000 kilograms, or
(vi) more than 5100 kilograms but not more than 5900
kilograms and it is being towed by a motor vehicle that
has a manufacturer's gross vehicle weight rating of at
least 13 600 kilograms,
and
(
b) in the case of an applicator, the applicator and its towing
vehicle travel at a speed not exceeding 65 kilometres per
hour.
(2) A dry spreader trailer may be towed without the trailer being
equipped with brakes if the trailer has a gross trailer weight that is
(a) 5000 kilograms or less,
(
b) more than 5000 kilograms but not more than 5100 kilograms
and it is being towed by a motor vehicle that has a
manufacturer's gross vehicle weight rating of at least 10 000
kilograms, or
(
c) more than 5100 kilograms but not more than 5900 kilograms
and it is being towed by a motor vehicle that has a
manufacturer's gross vehicle weight rating of at least 13 600
kilograms.
Farm wagon trailer
35(1) Subject to subsection (2), no person shall tow a farm wagon
trailer or dry spreader trailer without brakes unless the towing vehicle
has a manufacturer's gross vehicle weight rating of at least 2700
kilograms.
(2) No person shall tow a farm wagon trailer or dry spreader trailer
equipped without brakes if,
(
a) in the case of a farm wagon trailer, the container mounted on
the trailer has a capacity of 4900 litres or more, or
(
b) in the case of a dry spreader trailer, the trailer has a capacity
in excess of 7300 kilograms
unless the manufacturer's gross vehicle weight rating of the towing
vehicle is equal to or greater than the gross trailer weight.
(3) The operator of a vehicle towing a farm wagon trailer or a dry
spreader trailer shall
(
a) not travel at a speed that is in excess of 40 kilometres per
hour,
(
b) ensure that the front of the container or the trailer bears the
words "Maximum Speed 40 kilometres per hour" in red
lettering with at least a 6 millimetre stroke and at least 50
millimetres in height, and
(
c) travel during daytime only.
Self-propelled floater implement of husbandry
36 No person shall operate a self-propelled floater implement of
husbandry on a paved highway at any time during which the
implement is carrying a load.
Records
Records
37(1) In this
section and
section 38, "carrier" includes a carrier
subject to
section 6(1) or a person subject to
section 6(2).
(2) A carrier shall maintain, or cause to be maintained, the following
records pertaining to each commercial vehicle used in the carrier's
business:
(
a) an identification of the vehicle, including
(
i) a unit number, the manufacturer's serial number or a
similar identifying mark,
(ii) the make of the vehicle, and
(iii) the year of manufacture;
(
b) a record of the inspection of the vehicle under the Vehicle
Inspection Regulation (AR 211/2006), and repairs,
lubrication and maintenance for the vehicle, including
(
i) the nature of the inspection or work performed on the
vehicle, and
(ii) the date on which that inspection or work took place
and the odometer or hubometer reading on the vehicle at
that time;
(
c) notices of defect received from the vehicle manufacturer and
the corrective work done on the vehicle in relation to those
notices;
(
d) trip inspection reports prepared under
section 12.
(3) Unless otherwise authorized by the Registrar, a carrier shall
maintain, or cause to be maintained, the records referred to in
subsection (2) at the carrier's principal place of business.
(4) The carrier shall ensure that the records required to be maintained
under this
section are true, accurate and legible.
Retention of records
38(1) Subject to subsection (2), the records referred to in
section
37(2) shall be retained by the carrier,
(
a) except for the records under
section 37(2)(d), for the current
calendar year and the 4 calendar years immediately
preceding, and
(
b) in the case of the records under
section 37(2)(d), for the
current month and the 6 months immediately preceding.
(2) Despite subsection (1), when a commercial vehicle is permanently
retired from use in business by the carrier or is otherwise disposed of,
records kept in respect of that vehicle shall be retained for a period of 6
months from the date that the vehicle was retired or disposed of.
Interference with records
39 No person shall destroy, mutilate, deface, falsify or alter any of
the records required to be maintained under
section 37 or retained
under
section 38.
Administration
Exemption by Registrar
40(1) The Registrar may at any time exempt a person or vehicle from
any of the requirements of this Regulation, subject to any terms and
conditions the Registrar considers appropriate.
(2) The exemption under subsection (1) may be provided to a specific
person or vehicle or to a class or group of persons or vehicles.
(3) A person to whom an exemption under subsection (1) is granted
Registrar.
Notice of administrative penalty
41(1) A notice of an administrative penalty imposed under
section
143 of the Act must contain the following information:
(
a) the name of the person on whom the administrative penalty is
imposed;
(
b) the
section of this Regulation or a
Schedule to this
Regulation the person has contravened or failed to comply
with;
(
c) a brief description of the nature of the contravention or
failure to comply identified under clause (b);
(
d) the amount of the administrative penalty imposed;
(
e) whether the penalty is fixed or accumulates for each day or
part of a day that the contravention or failure to comply
occurs or continues;
(
f) the date the notice of the administrative penalty is issued;
(
g) the date by which the penalty must be paid, unless the
penalty is an accumulating penalty;
(
h) a statement describing the right of a person on whom the
administrative penalty is imposed to appeal the
administrative penalty to the Board, the addresses to which
the appeal is to be sent, how the appeal is to be made and the
date by which the appeal is to be made.
(2) The form of the notice of the administrative penalty, containing at
least the information described in subsection (1), must be the form
approved by the Registrar.
Determination of penalty amount
42(1) The Registrar is to determine the amount of the administrative
penalty to be imposed on a person after considering the following
factors and the considerations described in subsection (2):
(
a) the seriousness of the contravention;
(
b) whether a collision occurred or the danger that a collision
could have occurred as a result of the contravention;
(
c) any history of contraventions of this Regulation by the
person on whom the administrative penalty is imposed;
(
d) any other factor considered relevant by the Registrar.
(2) The Registrar is to be guided by the following considerations in
making the determination referred to in subsection (1):
(
a) the amount of the administrative penalty imposed should
reflect the seriousness of the contravention;
(
b) the greater the danger or possibility that a collision could
have occurred, or the greater the degree of risk to people or
property that did occur as a result of the contravention, or the
fact that a collision did occur, the higher the penalty should
be;
(
c) the more times a person has previously been issued an
administrative penalty, the higher the penalty should be;
(
d) the greater the degree of wilfulness or neglect in the
contravention, the higher the penalty should be;
(
e) any other consideration determined relevant by the Registrar.
Limitation period
43 An administrative penalty may be imposed only within 6 months
of the date the Registrar first becomes aware of the contravention of
this Regulation in respect of which the administrative penalty is to be
imposed.
Offences
44(1) A person who contravenes or fails to comply with any of the
following sections is guilty of an offence:
section 3;
section 4(1), (2);
section 5(2), (3), (4), (5), (6);
section 6(1), (2), (3), (4), (5);
section 7;
section 8;
section 10(2), (4), (8), (9), (11);
section 11(1), (3), (4);
section 12(2), (3), (4), (5), (6);
section 13(1), (2);
section 14;
section 15;
section 16;
section 17(3), (4);
section 18;
section 19(1), (6), (7);
section 20(1);
section 21;
section 22(1);
section 23(2);
section 24;
section 25(1), (2);
section 26(1), (2);
section 27;
section 28(1), (2);
section 29;
section 30;
section 31(2);
section 32(2);
section 33(1), (2);
section 35(1), (2), (3);
section 36;
section 37(2), (3), (4);
section 38(1), (2);
section 39.
(2) For the purposes of
section 4 of this Regulation, it is an offence to
contravene or fail to comply with the following provisions of
Schedule
section 1(2), (4);
section 2;
section 3(2), (3);
section 4(2), (3);
section 5(1), (2);
section 6(1), (2);
section 7(1);
section 8;
section 9(1), (2), (3);
section 10;
section 11;
section 12;
section 13(1);
section 14;
section 15(1), (2);
section 16(1), (2);
section 17(1), (2), (3), (4), (5).
(3) For the purposes of sections 5, 6 and 18 of this Regulation, it is an
offence to contravene or fail to comply with the following provisions
of Schedules 2, 3, 4 and 5:
(
a) in
Schedule 2:
section 1(1), (2);
section 2;
section 3;
section 4;
section 5(2);
section 6;
section 7(1), (2);
section 8;
section 9(2);
section 10;
section 11(2);
section 12;
section 13;
section 14;
section 15;
section 16(2);
section 17;
section 18;
section 19;
section 20(2);
section 21(2);
section 22;
section 23;
section 24;
section 25(1), (2);
section 26;
section 27;
section 28(2), (3);
section 29;
section 30;
section 31(1), (2);
section 32;
section 33;
(
b) in
Schedule 3:
section 1;
section 2;
section 3;
section 4;
section 5(1), (2);
section 6;
section 7;
section 8;
section 9(1), (2);
(
c) in
Schedule 4:
section 2;
section 3(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11);
section 4(1), (2), (3), (4), (5), (6), (7), (8), (9), (10);
section 5;
section 6;
section 7;
section 8;
section 9;
section 10;
section 11;
section 12;
section 13;
section 14(1), (2);
(
d) in
Schedule 5:
section 2(1), (3), (4);
section 3(1), (2), (3);
section 4(1), (2);
section 5(1), (2);
section 6(1), (2);
section 7;
section 8(1), (2);
section 9(1), (2), (3), (4), (5), (6);
section 10(1), (2), (3);
section 11(1), (2), (3), (4);
section 12(1), (2);
section 13;
section 14;
section 15(1), (2), (3);
section 16;
section 17;
section 18;
section 19;
section 20;
section 21;
section 22(1), (2);
section 23(2), (3), (4);
section 24;
section 25(1), (2);
section 26;
section 27;
section 28;
section 29;
section 30;
section 31.
(4) For the purposes of
section 31 of this Regulation, it is an offence
to contravene or fail to comply with the following provisions of
Schedule 6:
section 2;
section 3(1), (2);
section 4(1), (2);
section 5;
section 6;
section 7;
section 8;
section 9;
section 10(2), (3), (4);
section 11(1), (2);
section 12(1), (2);
section 13(1), (2), (3);
section 14(1), (2);
section 15(1), (2).
(5) For the purposes of
section 17(5)(
b) of this Regulation, it is an
offence to contravene or fail to comply with
section 1 of
Schedule 7.
Transitional Provisions, Consequential
Amendments, Repeals, Expiry
and Coming into Force
Transitional provisions
45(1) A maintenance and inspection program prepared by a carrier
that met the requirements of
(
a) section 5 of the Commercial Vehicle Maintenance Standards
Regulation (AR 118/89),
(
b) section 12 of the Commercial Bus Inspection, Equipment and
Safety Regulation (AR 428/91), or
(
c) section 7 of the Commercial Bus Equipment and Safety
Regulation (AR 213/2006)
is deemed to be a maintenance program prepared under this
Regulation.
(2) Any records that were created or maintained by a person under
(
a) section 8 or 9 of the Commercial Vehicle Maintenance
Standards Regulation (AR 118/89),
(b)
section 4(1)(a), 15 or 16 of the Commercial Bus Inspection,
Equipment and Safety Regulation (AR 428/91), or
(
c) section 4 or 10 of the Commercial Bus Equipment and Safety
Regulation (AR 213/2006)
are deemed to be records created and maintained under this
Regulation.
Amends AR 314/2002
46(1) This
section amends the Commercial Vehicle
Certificate and Insurance Regulation (AR 314/2002).
(2) Section 4(1)(
d) is amended by striking out "Commercial
Vehicle Maintenance Standards Regulation (AR 118/89)" and
substituting "Commercial Vehicle Safety Regulation".
(3) Section 10(2)(
a) is repealed and the following is
substituted:
(
a) is a school bus when it is used for a purpose under
section 19
of the Commercial Vehicle Safety Regulation;
(4) Section 18 is repealed.
(5) Section 20(2)(
d) is amended by striking out "Commercial
Bus Equipment and Safety Regulation" and substituting
"Commercial Vehicle Safety Regulation".
(6) The following is added after
section 26:
Passenger hazard insurance for school bus
26.1(1) Every school bus that is used for a purpose under
section 19 of the Commercial Vehicle Safety Regulation must be
covered by a policy of automobile insurance providing passenger
hazard coverage in at least the following amounts:
(a) $200 000 for bodily injury or death of any one person as
a result of any single accident;
(
b) if the manufacturer's seating capacity of the vehicle was
originally designed for 15 passengers or fewer,
including the driver, $500 000 for bodily injury or death
of 2 or more persons as a result of any single accident;
(
c) if the manufacturer's seating capacity of the vehicle was
originally designed for 16 passengers or more, including
the driver, $1 000 000 for bodily injury or death of 2 or
more persons as a result of any single accident.
(2) When requested to do so by the Registrar, the owner of the
school bus must direct the insurer to file with the Registrar, as
the case may be, evidence of the current policy referred to in
subsection (1).
(3) Nothing in this
section affects the obligations of a person
under the Insurance Act.
(7) Section 40(1)(
d) is amended by striking out "flags and
flares,".
(8) Section 43(1) is amended
(
a) by striking out "Commercial Vehicle Maintenance
Standards Regulation (AR 118/89) and Vehicle Inspection
Regulation" and substituting "the Commercial Vehicle
Safety Regulation";
(
b) in clause (
b) by striking out "for at least 5 years from the
date they are created, established or received" and
substituting "for the current year in which they are created,
established or received and the 4 calendar years immediately
following".
(9) Section 55 is amended by adding "section 26.1(1), (2);"
after "section 26(1), (2);".
Amends AR 315/2002
47(1) This
section amends the Commercial Vehicle
Dimension and Weight Regulation (AR 315/2002).
(2) Section 9(1)(a)(iii) is repealed.
(3) Section 13 is repealed and the following is substituted:
Licence of occupation road
13(1) In this section,
(a) "licence of occupation road" means a road held under a
licence of occupation granted under the Dispositions
and Fees Regulation (AR 54/2000);
(b) "roadway width" means the width of the travelled
surface of a licence of occupation road as measured
from shoulder to shoulder.
(2) In the case of a commercial vehicle operating on a licence of
occupation road,
(
a) sections 4 and 9 do not apply,
(
b) subject to clause (c), sections 14, 15 and 16 apply to the
same extent as if the commercial vehicle were being
operated pursuant to an overdimensional permit, and
(
c) sections 14, 15 and 16 do not apply if the commercial
vehicle is carrying a load of logs.
(3) No person shall, on a licence of occupation road, operate a
commercial vehicle used to carry logs when the front or rear
bunk width of the vehicle exceeds that permitted for the roadway
width as determined by the following table:
Roadway Width
Maximum Bunk Width
Front
Rear
(a)
6 metres or more but less
than 7.3 metres
3.2 metres
2.6 metres
(b)
7.3 metres or more but
less than 9.1 metres
3.65 metres
3.05 metres
(c)
9.1 metres or more
4.57 metres
3.96 metres
(4) Subsection (3) does not apply to an access road, to a landing
or to a block.
(4) Section 19(2) is amended by striking out "operated under
the Log Haul Regulation" and substituting "carrying a load of
logs".
(5) Section 21 is amended by adding "section 13(3);" after
"section 12(4);".
Amends AR 320/2002
48(1) This
section amends the Operator Licensing and
Vehicle Control Regulation (AR 320/2002).
(2) Section 78(
b) is amended by striking out "School Bus
Operation Regulation (AR 437/86)" and substituting "Commercial
Vehicle Safety Regulation".
(3) Section 105(
c) and (
d) are amended by striking out
"School Bus Operation Regulation (AR 437/86)" and substituting
"Commercial Vehicle Safety Regulation".
(4) Section 106(5)(
a) is amended by striking out "driveaway
and towaway operation" and substituting "driveaway or towaway
operation as defined in the Commercial Vehicle Safety Regulation".
(5) Section 136(6) is amended by striking out
"driveway-towaway operation" and substituting "driveaway or
towaway operation as defined in the Commercial Vehicle Safety
Regulation".
Repeals
49 The following regulations are repealed:
(
a) Commercial Vehicle General Equipment and Safety
Regulation (AR 435/86);
(
b) Commercial Vehicle Maintenance Standards Regulation
(AR 118/89);
(
c) Commercial Bus Equipment and Safety Regulation
(AR 213/2006);
(
d) Bus Safety Regulation (AR 212/2006);
(
e) School Bus Operation Regulation (AR 437/86);
(
f) Driveaway and Towaway Regulation (AR 427/86);
(
g) Transportation of Anhydrous Ammonia and Other Fertilizers
Regulation (AR 436/86);
(
h) Log Haul Regulation (AR 431/86);
(
i) Cargo Securement Regulation (AR 1/2005).
Expiry
50 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on July 1, 2016.
Coming into force
51 This Regulation comes into force on July 1, 2009.
Schedule 1
Commercial Vehicle Safety Standards
Proof of compliance
1(1) In this section, a Compliance Label includes a Final-stage
Manufacturer's Compliance Label.
(2) A commercial vehicle shall not be operated unless the vehicle has
attached to it
(
a) a Compliance Label, and
(
b) a National Safety Mark,
issued in accordance with the Motor Vehicle Safety Act (Canada) and
the regulations under that Act.
(3) Despite subsection (2), if a commercial vehicle is an imported
vehicle, the owner may provide a statement in a form acceptable to the
Registrar that meets the requirements of the Motor Vehicle Safety Act
(Canada) in place of the National Safety Mark.
(4) If a commercial vehicle is modified to such degree that it no longer
conforms to the information contained in that vehicle's original
Compliance Label, the vehicle shall not be operated unless it
(
a) has attached to it a new Compliance Label issued in
accordance with the Motor Vehicle Safety Act (Canada) and
the regulations under that Act showing the new information
respecting the vehicle as modified,
(
b) carries a certificate issued by a qualified professional
engineer certifying that the vehicle as modified meets the
requirements of the Motor Vehicle Safety Act (Canada) and
the regulations under that Act, or
(
c) carries a certificate issued by a person approved by the
Registrar certifying that the vehicle as modified meets the
requirements of the Motor Vehicle Safety Act (Canada) and
the regulations under that Act.
(5) Subsection (2) does not apply to a commercial vehicle
manufactured on or before December 31, 2011.
(6) Subsection (4) does not apply in respect of modifications to a
commercial vehicle completed on or before December 31, 2011.
Vehicle identification number
2 A commercial vehicle shall not be operated unless the vehicle has
attached to it
(
a) a vehicle identification number issued in accordance with the
Motor Vehicle Safety Act (Canada) or a regulation under that
Act,
(
b) an assigned identification number issued under the Operator
Licensing and Vehicle Control Regulation (AR 320/2002), or
(
c) a number or identifying mark that is accepted by the
Registrar under the Operator Licensing and Vehicle Control
Regulation (AR 320/2002)
and the number or mark referred to in clause (a), (
b) or (
c) is identical
to the number or mark contained in the certificate of registration issued
for that vehicle by the Registrar.
Slow moving vehicles
3(1) In this section, "slow moving vehicle sign" means a sign that
complies with
(
a) the Society of Automotive Engineers Standard J943, as
amended from time to time, or
(
b) the Canadian Standards Association Standard M671-99:
Slow-Moving Vehicle Identification Emblem, as amended
from time to time.
(2) A commercial vehicle shall not be operated on a highway if it is
(
a) a slow moving vehicle or a piece of slow moving equipment
or machinery,
(
b) an animal-drawn vehicle, or
(
c) a piece of machinery or equipment used at or designed for a
maximum speed not exceeding 40 kilometres per hour,
unless a slow moving vehicle sign is displayed on the vehicle.
(3) The slow moving vehicle sign must be clean, legible and visible
and must be displayed at the rear of the vehicle, or at the rear of the
load carried by the vehicle, whichever is farthest from the front of the
vehicle, in the following manner:
(
a) with the broad base down;
(
b) with the sign side facing to the rear;
(
c) located at or as close to the centre line of the vehicle as is
practicable;
(
d) at a height of not less than 0.90 metres or greater than 1.50
metres above the road surface.
(4) Subsections (2) and (3) do not apply to any construction or
maintenance equipment while that equipment is
(
a) engaged in construction or maintenance work, and
(
b) operated in the presence of a flagman or where there are
warning signs notifying persons of the equipment's presence.
Advance warning triangle
4(1) In this section, "advance warning triangle" means
(
a) an emergency warning device that complies with the Society
of Automotive Engineers Standard J774, as amended from
time to time, and
(
b) that is visible for a distance of at least 150 metres under
normal atmospheric conditions.
(2) A commercial vehicle shall not be operated
(
a) unless the vehicle carries 2 advance warning triangles, and
(
b) in the case of a school bus, the bus carries at least 3 advance
warning triangles.
(3) The operator of a commercial vehicle to which subsection
(2) applies shall produce the advance warning triangles on the demand of a
peace officer.
(4) This
section does not apply when the commercial vehicle, other
than a school bus, is being operated within the boundaries of an urban
area or between that urban area and an abutting urban area.
Warning on rear of tank truck
5(1) A commercial vehicle shall not be operated to transport a tank
with a capacity of 5000 litres or greater for the purpose of transporting
flammable liquids or flammable gas or a highway tank used for the
transportation of flammable liquids or flammable gas unless the
vehicle is marked at the rear with the words "this truck stops at
uncontrolled railway crossings" in accordance with the following
specifications:
(
a) reflectorized surfacing must be used and its colours must be
as close to white as is practicable for such material;
(
b) letters must be black in colour and at least 50 millimetres in
height, with the exception of the word "stops", which must
be 75 millimetres in height;
(
c) stroke width must be uniform throughout and must be at least
9.5 millimetres in width, with the exception of the word
"stops", which must be at least 13 millimetres in stroke
width;
(
d) series B lettering as defined in the "Standard Alphabets for
Traffic Control Devices" published by the United States
Federal Highway Administration must be used;
(
e) the overall dimensions must be not less than 350 millimetres
by 600 millimetres;
(
f) the words "this truck stops at uncontrolled railway crossings"
must be formatted so as to occupy between 2 and 4 lines of
lettering.
(2) The marking referred to in subsection (1) must be maintained in a
clean and visible condition.
Axle lifted
6(1) A commercial vehicle may only be operated with an axle lifted
by one of the following methods:
(
a) by an axle lift device installed by the original manufacturer
of the vehicle or by an aftermarket manufacturer of the
device;
(
b) by a temporary device that meets the requirements of
subsection (2), including but not limited to a chain, cable or
clamp.
(2) A temporary device referred to in subsection (1)(
b) may be used to
secure an axle off the ground only when the axle is disabled, and must
comply with the following conditions:
(
a) the temporary device must be of sufficient strength to
securely hold the axle of the vehicle in tow;
(
b) the entire axle must be lifted so that all wheel sets attached to
the axle are off the ground while the vehicle is in tow;
(
c) the vehicle must not be transporting a load while it is being
towed;
(
d) the vehicle is being towed for the sole purpose of taking it
directly to a place in order to have it repaired.
Petroleum products carried by trailer
7(1) A single axle trailer, other than a semi-trailer as defined in
section 1(nn) of the Commercial Vehicle Dimension and Weight
Regulation (AR 315/2002), shall not be operated on a highway for the
purpose of carrying a tank or a combination of tanks transporting
petroleum products with a total capacity of
(a) 3000 litres or greater for the purpose of transporting
flammable liquids, or
(b) 450 litres or greater for the purpose of transporting
flammable gas.
(2) Subsection (1) does not apply to a trailer used to transport asphalt
products used for roofing or filling cracks on a road.
Tire rating
8 A commercial vehicle shall not be operated on a highway at a speed
or with a load greater than the lowest rating prescribed by the
manufacturer of any tire installed on the vehicle.
Signs on vehicles
9(1) A commercial vehicle shall not be operated on a highway unless
at least
(
a) the name or logotype of its owner,
(
b) the weight of the vehicle when it is not carrying a load, and
(
c) the licensed maximum gross weight of the vehicle
are displayed on the left and right sides of the vehicle in letters and
numerals of at least 50 millimetres in height.
(2) The information required under subsection (1) to be displayed on
the commercial vehicle must be in a contrasting colour to its
background so that the information is clearly visible.
(3) A commercial vehicle that is not a school bus shall not be operated
on a highway with the words "SCHOOL BUS" or with words or
symbols that suggest that the commercial vehicle is a school bus
appearing on the body of the vehicle or on a sign attached to the
vehicle.
(4) Subsection (1) does not apply to
(
a) a bus,
(
b) a vehicle that is registered as a Class 2 commercial vehicle
under
section 77(1) of the Operator Licensing and Vehicle
Control Regulation (AR 320/2002) if it is primarily used for
farming purposes,
(
c) a vehicle that is registered as a Class 2 commercial vehicle
under
section 77(2)(
a) of the Operator Licensing and Vehicle
Control Regulation (AR 320/2002),
(
d) a commercial vehicle having a licensed maximum gross
weight of 4500 kilograms or less,
Government of Alberta or the government of another
province or by a municipality or school board,
(
f) a vehicle carrying mail as defined in the Canada Post
Corporation Act (Canada) if it bears the insignia or similar
identifying mark or name authorized pursuant to the Canada
Post Corporation Act (Canada), and
(
g) a trailer, unless the trailer is one to which
section 101 of the
Vehicle Equipment Regulation applies.
Emergency exits
10 A bus shall not be operated if any emergency exit in the vehicle is
obstructed or locked.
Cleanliness
11 A bus shall not be operated unless
(
a) the inside and outside of the bus are free of all unnecessary
projections likely to cause injury, and
(
b) the inside of the bus and the inside windows are clean and
sanitary.
Right hand drive
12 A right hand drive vehicle shall not be operated as a bus.
General prohibitions
13(1) A bus shall not be operated with
(
a) a greater number of persons being transported than the
seating capacity of the bus is designed to carry,
(
b) an object being transported that extends beyond the extreme
width of the body of the bus or above the height of the bus,
(
c) a trailer attached to the bus.
(2) Subsection (1)(
a) does not apply to a transit bus.
Fuel
14 Fuel shall not be transported on a bus other than in the fuel system
or tank of the bus.
Luggage, cargo, goods, equipment
15(1) In addition to the requirements of the Vehicle Equipment
Regulation regarding transportation of goods, a bus shall not be
operated unless the luggage, cargo, goods, equipment and tools that are
carried on the bus are carried in an adequate place provided for the
carrying of those items.
(2) The place provided for carrying luggage, cargo, goods, equipment
or tools under subsection (1) must
(
a) not interfere with free access to the exits of the bus,
(
b) be constructed so as to prevent the luggage, cargo, goods,
equipment or tools from falling on or against a passenger,
and
(
c) in the case of passenger luggage, protect the luggage from
dust and moisture.
First aid kit
16(1) A bus shall not be operated unless the bus is equipped with,
(
a) in the case of a bus other than a school bus, an Alberta
Occupational Health and Safety Code Number 3 Safety Kit
prescribed under the Occupational Health and Safety Act, or
(
b) in the case of a school bus, a first aid kit that meets the
requirements of the version of CSA Standard D250
applicable at the time of manufacture.
(2) The first aid kit referred to in subsection (1) must be readily
accessible to the driver of the bus.
Fire extinguishers
17(1) A bus shall not be operated unless the bus carries at least one
fire extinguisher.
(2) At least one fire extinguisher carried on a bus must
(
a) in the case of a bus that is not a school bus, be marked and
rated not less than 2A:10B:C by the manufacturer of the fire
extinguisher in accordance with the procedures for testing
and rating fire extinguishers set out in CAN-ULC-S508-M,
and
(
b) in the case of a school bus, meet the requirements of the
version of CSA Standard D250 applicable at the time of
manufacture of the school bus.
(3) Where a fire extinguisher required under subsection (1)
(
a) is of a stored pressure design, it must be equipped with a
pressure gauge or indicator that shows whether or not the fire
extinguisher is fully charged, or
(
b) is of a cartridge operated design, the design must permit,
without the use of special tools, visual inspection of
(
i) the gas cartridge seal to see that it is intact, and
(ii) the agent container to see that it is fully charged.
(4) A fire extinguisher required under subsection (1) must be
(
a) in a charged condition,
(
b) located in the forward end or near the entrance door of the
vehicle so that it is readily accessible to the driver of the
vehicle, and
(
c) mounted
(
i) in a bracket that has a quick release retaining band, and
(ii) in a manner so that the fire extinguisher is prevented
from falling out due to the movements of the vehicle.
(5) If a fire extinguisher required under subsection (1) is stored in a
compartment, that compartment must
(
a) display the words "FIRE EXTINGUISHER INSIDE" in
letters that are
(
i) at least 25 millimetres in height, and
(ii) in a colour that contrasts with the background on which
the words are displayed,
and
(
b) not be locked or require special tools to open it at any time.
Schedule 2
Commercial Vehicle Maintenance Standards
Body and Frame
Body and seats
1(1) The standards to be met by the body, doors and seats of a
commercial vehicle are as follows:
(
a) each bumper, fender, moulding and other part must
(
i) not be missing,
(ii) not be corroded,
(iii) be securely mounted, and
(iv) not be broken, bent or have sharp edges;
(
b) each mud flap, mud guard and splash shield must be in the
proper position;
(
c) any hood latch must
(
i) not be missing, and
(ii) hold the hood securely;
(
d) any tilt cab latch must
(
i) not be missing, and
(ii) hold the cab securely;
(
e) the safety catch of a front opening hood latch or a tilt cab
latch must
(
i) not be missing, and
(ii) operate smoothly;
(
f) each seat must
(
i) be securely mounted,
(ii) not have its cushion or padding missing, torn or worn to
be ineffective, and
(iii) retain its position and adjustment;
(
g) the main door, and where applicable, the emergency door and
roof hatch must
(
i) be securely fastened to the body,
(ii) function properly,
(iii) be equipped with a lock, latch or spring device that
holds it securely closed, and
(iv) not have missing, loose or torn materials on closing
edges;
(
h) any sun visor must
(
i) be securely mounted, and
(ii) maintain a set adjustment.
(2) In addition to subsection (1), a bus must meet the following
standards:
(
a) door controls must operate smoothly and the seals must be in
good condition;
(
b) the seating capacity of the bus must not exceed the
manufacturer's designated seating capacity;
(
c) the floor pan must not be perforated by rust or exhibit other
structural damage;
(
d) the engine compartment doors must latch securely;
(
e) floor and stepwell coverings must
(
i) be in good condition, and
(ii) have no loose or sharp edges;
(
f) any baggage racks and package-retaining components must
(
i) be securely mounted,
(ii) not be broken, and
(iii) not be worn so as to render them ineffective;
(
g) each stanchion, grab handle, guard rail and guard panel must
be securely mounted and fastening parts must not be missing;
(
h) energy-absorbing material installed by the manufacturer on
stanchions, guard rails or the tops or sides of seat backs must
not be missing, torn or damaged;
(
i) any emergency exit must open freely and close securely
when the release mechanism is actuated from inside the bus;
(
j) if the vehicle is fitted with an outside release mechanism for
an emergency exit, the emergency exit must open freely and
close securely when the release mechanism is actuated from
outside the bus;
(
k) any emergency exit warning device must function as
intended;
(
l) adequate markings for the locations and directions for the
emergency use of the emergency exits must be displayed on
or adjacent to the exits;
(
m) any exterior compartment doors must
(
i) be securely attached,
(ii) function properly,
(iii) be equipped with a lock, latch or spring device that
holds it closed securely, and
(iv) not have any missing, broken or frayed counterbalance
cables;
(
n) for any separate exit door other than a door to be used for
emergency purposes only, any interlock system, braking
system and master override controls must function in
accordance with the manufacturer's specifications.
(3) Subsection (2)(
i) and (
j) do not apply to a bus used for the purpose
of transporting a person who is
(
a) committed to a correctional institution, as defined in the
Corrections Act, or a jail, including a military guard room,
remand centre, penitentiary, facility or place designated as a
place of open or secure custody pursuant to the Youth
Criminal Justice Act (Canada), a place of custody, as defined
in the Youth Justice Act, a detention centre or a place where a
person is held under a warrant of a judge, or
(
b) under arrest.
Chassis frame
2 The standards to be met by the chassis are as follows:
(
a) chassis frame or subframe members must not be cracked,
perforated by corrosion or exhibit structural damage or
deformation;
(
b) chassis frame or subframe connecting fasteners must not be
missing or loose.
Body frame
3 The standards to be met by the unitized or monocoque body frame
are as follows:
(
a) structural members must not be cracked or exhibit structural
damage or deformation;
(
b) structural members must not be perforated by corrosion;
(
c) no structural member must be missing;
(
d) no connecting fasteners must be missing, loose or corroded.
Sliding subframe
4 The standards to be met by the sliding subframe are as follows:
(
a) the subframe members must not be cracked, perforated by
corrosion or exhibit structural damage or deformation;
(
b) locking devices must not be missing, cracked or inoperable;
(
c) lock pins must not be missing;
(
d) stops must not be missing or cracked.
Underbody
5(1) In this section, "underbody" does not include the underbody of a
separate cargo body.
(2) The standards to be met by the underbody are as follows:
(
a) the underbody must not have any perforations or exhibit
structural damage or deformation;
(
b) the underbody must not have any openings other than those
designed by the manufacturer.
Drive shaft
6 The standards to be met by drive shaft hanger brackets and guards
are as follows:
(
a) no fasteners, hanger brackets or drive shaft guards must be
missing, loose or damaged;
(
b) the drive shaft and universal joints must not
(
i) be damaged, or
(ii) have any loose, missing or damaged bolts or retainers;
(
c) the universal joints must not be loose or show evidence of
free play;
(
d) the drive shaft slip yokes, stub shaft splines and centre
bearings must not be worn in excess of the manufacturer's
specifications.
Windows and mirrors
7(1) The standards to be met by the windshield, windows and mirrors
are as follows:
(
a) each mirror must
(
i) be securely mounted, and
(ii) maintain a set adjustment;
(
b) no mirror must be damaged so as to have any significant
alteration in its reflective surface;
(
c) subject to the requirements under the Vehicle Equipment
Regulation (AR 322/2002), opaque material or any other
material must not be fitted upon or in place of glazing in the
windshield or in the 2 front side windows to the left or right
of the driver's seat;
(
d) glazing material must not
(
i) be crazed, discoloured or fogged,
(ii) have exposed sharp edges,
(iii) have any part missing, or
(iv) have any cracks affecting both layers of glass;
(
e) the windshield must not have
(
i) any cracks affecting both layers of glass,
(ii) any crack that extends from one edge to another edge,
(iii) intersecting cracks in an area swept by the wipers, or
(iv) cracks or star chips greater than 25 millimetres in
diameter in an area swept by the wipers;
(
f) any window to the left of the driver's seat must be capable of
being opened from the inside.
(2) In addition to subsection (1), a bus must meet the following
standards:
(
a) any emergency window must operate smoothly and the seals
associated with the emergency window must be in place and
in good condition;
(
b) adequate directions for the use of any emergency window
must be displayed on or adjacent to the emergency window;
(
c) any emergency warning device fitted for the window must
function properly;
(
d) any banding fitted on exposed edges of safety glass must not
be missing, loose or broken.
Fuel and Exhaust
Fuel
8 The standards to be met by the fuel system are as follows:
(
a) the mounting or attachment of the fuel tank and fuel lines
must
(
i) not be missing, and
(ii) be secure;
(
b) the fuel tank and fuel lines must be protected from abrasion
or damage;
(
c) the filler cap must
(
i) not be missing, and
(ii) be secure;
(
d) the fuel system must not leak;
(
e) any pressurized fuel system must meet the applicable
standards prescribed by the Canadian Gas Association, and
regulations under the Safety Codes Act.
Exhaust
9(1) In this section, "exhaust system" includes exhaust manifolds.
(2) The standards to be met by the exhaust system are as follows:
(
a) no component of the exhaust system must be missing,
perforated, patched or insecurely mounted;
(
b) no part of the exhaust system must be closer than 50
millimetres to wiring, any part of a fuel or brake component
or any combustible material that is not protected by a shield;
(
c) no component of the exhaust system must pass through the
occupant compartment;
(
d) the exhaust system must be designed and situated so that an
individual who enters or leaves the vehicle cannot be burned
by any component;
(
e) no leakage may occur at any point in the exhaust system,
except through drain holes provided by the manufacturer;
(
f) an exhaust system must not be shortened or modified from
the original equipment so that it fails to direct the outlet of
the system more than 150 millimetres from the periphery of
the occupant, sleeper or luggage compartments past which
the exhaust is directed.
Brakes
Friction components
10 The standards to be met by the brake friction components are as
follows:
(
a) a drum or disc must not have any crack on the friction
surface, other than a normal heat check crack, that may reach
the edge of the drum bore or periphery of the disc;
(
b) a drum must not have any fasteners missing or loose;
(
c) parking brake friction material must not be broken, cracked,
nor worn thinner than
(i) 1.6 millimetres when measured at any point of a bonded
lining or pad other than the chamfered area of the lining,
(ii) in the case of a riveted lining or pad, the dimensions
specified by the vehicle manufacturer, or
(iii) in the case of a clamped segmented lining, the
dimensions specified by the brake manufacturer;
(
d) a drum or disc must not have any mechanical damage to the
friction surface, other than normal wear;
(
e) a ventilated disc must not have broken or visibly cracked
cooling fins;
(
f) the inside diameter of a drum must not be greater than
(
i) the dimension stamped on the drum, or
(ii) where the dimension is not stamped on the drum, the
manufacturer's wear limit;
(
g) the thickness of a disc must not be less than
(
i) the dimension stamped on the disc, or
(ii) where the dimension is not stamped on the disc, the
manufacturer's wear limit;
(
h) bonded lining must not be thinner than 1.6 millimetres when
measured at the thinnest point;
(
i) the surface of a riveted lining must not be closer to the rivet
head than
(
i) the dimension specified by the vehicle manufacturer, or
(ii) 0.8 millimetres,
whichever is greater;
(
j) a riveted lining must not be thinner than 3.2 millimetres
when measured at the thinnest point;
(
k) the riveted lining of an air brake system must not be thinner
than
(
i) the dimension specified by the vehicle manufacturer, or
(ii) 8 millimetres on a trailer or on the rear axle of a bus,
truck or a truck-tractor and 4.8 millimetres on the front
axle when measured at the thinnest point other than the
chamfered area of the lining,
whichever is greater;
(
l) the bonded brake pad of an air brake system must not be
thinner than
(i) 3.2 millimetres, or
(ii) the dimension specified by the vehicle manufacturer;
(
m) the riveted brake pad of an air brake system must
(
i) not be thinner than
(A) 4.8 millimetres, or
(
B) the dimension specified by the vehicle
manufacturer,
and
(ii) not be less than 1.6 millimetres above the rivet head;
(
n) brake linings and pads must not
(
i) be cracked or broken loose on the shoe or backing plate,
(ii) show evidence of contamination that could affect
braking performance,
(iii) be worn to the manufacturer's visual wear indicator,
(iv) be worn beyond the dimensions specified by the brake
manufacturer, or
(
v) be so worn as to indicate a defective drum, disc, caliper
or shoe;
(
o) all brakes must be adjusted to the manufacturer's
specifications without brake drag;
(
p) if the vehicle was originally equipped with a self-adjusting
brake, it must be maintained and be operating properly.
Hydraulic and vacuum-assisted brake components
11(1) In this section, "hydraulic and vacuum-assisted brake
components" includes cylinders, reservoirs, fittings, valves, supports,
hose clamps, connections, air chambers, air cleaners, hoses and tubes
of the brake systems.
(2) The standards to be met by the brake systems are as follows:
(
a) there must be no hydraulic or vacuum leak when
(
i) vacuum, hydraulic or air boost systems are fully
charged, and
(ii) the service brakes are fully applied or released;
(
b) hose and tubing must not
(
i) be abraded, restricted, crimped, bulged, cracked, broken
or disconnected,
(ii) rub against any part of the vehicle, or
(iii) have damaged or missing clamps or supports;
(
c) the brake hose and tubing must not show any indication of
leakage or heavy corrosion scaling;
(
d) the minimum hydraulic fluid level in any reservoir must
(
i) not be lower than the level specified by the
manufacturer, or
(ii) if no specification is made by the manufacturer, not be
more than 10 millimetres below the lowest edge of each
filler opening;
(
e) where the system is composed of power-boosted hydraulic
brakes, the brake pedal must move toward the applied
position when the vacuum, air or hydraulic pressure is first
depleted by stopping the engine and moderate pressure is
applied on the brake pedal and the engine is then started;
(
f) where the system is equipped with hydraulically-boosted
hydraulic brakes and an electrically driven hydraulic pump
for the reserve power system,
(
i) the pump must start and run, and
(ii) the brake pedal must move toward the applied position
when the hydraulic boost is first depleted by stopping
the engine and moderate pressure is then applied on the
brake pedal while moving the ignition switch to the
"on" position;
(
g) the air cleaner of the vacuum system or air compressor must
not be clogged;
(
h) a hydraulic brake cylinder must not show evidence of
leakage;
(
i) a hydraulic brake piston must not fail to move when
moderate pressure is applied to the brake pedal.
Mechanical components
12 The standards to be met by the components of the brake and
parking brake systems are as follows:
(
a) no mechanical or structural part must be misaligned, worn so
as to render it ineffective, missing, frayed, stretched, cracked,
broken, binding, seized, disconnected or insecurely attached;
(
b) no grease retainer must be missing or leaking.
Brake pedal
13 The standards to be met by the brake pedal assembly of a
hydraulic brake are as follows:
(
a) any movement of the service brake pedal toward the applied
position must be within the manufacturer's specifications
when
(
i) moderate foot force is maintained on the service brake
pedal for 10 seconds, and
(ii) where the brakes are power-boosted, the force referred
to in subclause (
i) is applied while the engine is
running;
(
b) where the assembly is equipped with a brake pedal pad, the
brake pedal pad must be present, secure and not worn so as to
render it ineffective;
(
c) where the assembly is equipped with a brake pedal anti-skid
surface, the brake pedal anti-skid surface must not be worn
so as to render it ineffective;
(
d) the pedal and other components must not bind or cause high
friction;
(
e) the pedal lever assembly must be aligned and positioned in
accordance with the manufacturer's specifications;
(
f) the total pedal travel shall not exceed 80% of the total
available travel when
(
i) heavy foot force is applied to the brake pedal, and
(ii) where the brakes are power-boosted, the force referred
to in subclause (
i) is applied while the engine is
running;
(
g) despite clause (f), where the vehicle is equipped with a
power-boosted braking system, the foot force applied to the
pedal for the purposes of clause (f)(
i) must be a light foot
force;
(
h) the hydraulic master cylinder push rod must be properly
adjusted and aligned;
(
i) the brake failure warning lamp must operate in accordance
with the manufacturer's specifications;
(
j) any vacuum gauge must be operative;
(
k) with the engine stopped, and with its ignition switch in the
"on" position, any low vacuum warning device must operate.
Air brake system
14 The standards to be met by the air brake system are as follows:
(
a) hoses, tubes and connections must not
(
i) leak or be restricted, abraded, crimped, bulged, cracked
or broken,
(ii) rub against any part of the vehicle,
(iii) have damaged or missing clamps or supports, or
(iv) have connections showing evidence of non-standard
field repair;
(
b) the air safety valve must operate in accordance with the
manufacturer's specifications;
(
c) the tractor protection valve must maintain air in the power
unit air system as the manufacturer's design allows;
(
d) the air parking and emergency system must, on application
and release or as a result of a sudden air loss or on a bus if
fitted, by activation of the interlock system, fully apply the
brakes on application and release positively;
(
e) any compressor drive belt must
(
i) be adjusted to the tension specified by the manufacturer,
and
(ii) not be cut, frayed or worn so as to render it ineffective;
(
f) the air pressure gauge must be operative;
(
g) the time required to build up air pressure from 350 kPa to
600 kPa must not exceed 3 minutes when the engine is
running at a steady fast idle;
(
h) each air reservoir drain valve must function properly when
the air system is fully charged and the engine is running;
(
i) the governor cut in pressure must not be lower than 560 kPa
gauge pressure and the cut out pressure must not be higher
than 945 kPa gauge pressure unless other pressures are
specified by the manufacturer;
(
j) compressed air reserve must be sufficient to permit one full
brake application from the fully charged air brake system
without lowering reservoir pressure more than 20% when the
engine is stopped;
(
k) with the air brake system fully charged, spring brake released
and the engine stopped, air pressure drop must not exceed
(
i) with the brake released, 2 psi per minute on a single unit
or 3 psi per minute on a combination, and
(ii) with the brake fully applied, 3 psi per minute on a single
unit or 4 psi per minute on a combination;
(
l) any low pressure warning device must operate when system
pressure is reduced to 382 kPa.
Parking brake
15 The standards to be met by the parking brake system are as
follows:
(
a) the parking brake, when fully applied and not held by foot or
hand force or by hydraulic or air pressure, must hold the
vehicle stationary against the engine momentarily while the
vehicle is operated in reverse gear and low forward gear at a
light throttle setting;
(
b) the mechanism while in the "off" position must fully release
the brakes;
(
c) when the mechanism is in the fully applied position, there
must be reserve travel available.
Brake system
16(1) In this section, a "truck tractor" means a truck tractor as defined
in the Commercial Vehicle Dimension and Weight Regulation
(AR 315/2002).
(2) The standards to be met by the brake system are as follows:
(
a) the vehicle must be equipped with a brake system acting on
all wheels;
(
b) the vehicle must not pull to the right or the left when the
brake is applied;
(
c) the brake must release immediately when pressure is released
from the pedal;
(
d) braking performance must be within the manufacturer's
specifications.
(3) Subsection (2)(
a) does not apply to
(
a) a 3 axle truck tractor that was manufactured without front
wheel brakes, or
(
b) a vehicle whose brakes are not operable when an axle is
lifted.
(4) Subsection (2) comes into force on January 1, 2012.
Engine controls
17 The standards to be met by the engine control system are as
follows:
(
a) the engine speed must drop to idle when the accelerator pedal
is released;
(
b) where the engine is equipped with an emergency braking
device, the engine must stop when the control is actuated.
Steering column and box
18 The standards to be met by the steering column and box are as
follows:
(
a) the steering column and box must not be loose in their
mountings to the body and frame;
(
b) no bolt or nut must be loose or missing from a mounting;
(
c) the steering shaft coupling and spline must be secure with no
(
i) visible separation of flex couplings, or
(ii) visible sign of wear at the splines or universal joints;
(
d) where the steering column is equipped with an
energy-absorbing section, that
section must not appear on
visual inspection to be damaged so as to reduce its
effectiveness;
(
e) the power steering drive belt must not be missing, cut, frayed
or worn so as to render it ineffective;
(
f) the fluid in the power steering reservoir must not be lower
than the minimum level specified by the vehicle
manufacturer;
(
g) when the engine is running,
(
i) the power steering system must operate as intended, and
(ii) the hydraulic system must not show evidence of active
fluid leakage.
Wheel alignment
19 The wheels must be aligned so that the wheels are not visibly out
of alignment while all the wheels are on the ground and the front
wheels are in the straight ahead position.
C-dolly steering
20(1) In this section, "C-dolly" means a C-dolly as defined in the
Motor Vehicle Safety Regulations (Canada), as amended from time to
time.
(2) The standards to be met by the C-dolly steering system are as
follows:
(
a) while the wheels are being turned through a full right and left
turn
(
i) the operation must not bind or jam during the cycle, and
(ii) the steering stops must not be missing or improperly
adjusted on applicable vehicles;
(
b) yaw dampening diaphragms must not be missing, inoperable
or leaking;
(
c) the steering lock must
(
i) not be missing or inoperable,
(ii) be centred in the "zero" locked position, and
(iii) be equipped with a manual locking system independent
of the remote locking system;
(
d) steering dampers must not be missing, inoperable or leaking
on applicable vehicles;
(
e) the air pressure regulator must not be missing or inoperable;
(
f) the air pressure gauge must
(
i) not be missing, inoperable or inaccurate, and
(ii) be equipped with a label indicating the minimum design
pressure required to comply with centring force
requirements;
(
g) the C-dolly must be equipped with an operating plate stating
the speed at which the axle locks.
Steering linkage
21(1) In this
section and sections 29, 31 and 32 of this Schedule,
"field welding" describes a method of repair by welding that does not
meet the original equipment manufacturer's design standards.
(2) The standards to be met by the steering system are as follows:
(
a) while the front wheels are on the ground in the straight ahead
position, and in the case of a vehicle equipped with
power-boosted steering, with the engine running, and with no
movement of the front wheels, free movement of the steering
wheel rim must not exceed
(i) 30 degrees or,
(ii) where a limit is designated by the manufacturer, that
limit;
(
b) there must be no visible play in a ball and socket joint when
measured with hand pressure only;
(
c) while the front wheels are on the ground in the straight ahead
position, and in the case of a vehicle equipped with
power-boosted steering, with the engine running, the steering
mechanism must move smoothly when the front wheels are
turned from full right to full left and back again;
(
d) in the case of king pins, when the vehicle is supported so that
the steering linkage is in its normal attitude, no front wheel
must have
(
i) a vertical movement in excess of 2.5 millimetres or the
vehicle manufacturer's specifications, and
(ii) a rocking play about a horizontal axis in excess of
4.8 millimetres for wheels 510 millimetres and larger,
and 3.2 millimetres for wheels under 510 millimetres;
(
e) no component of the steering linkage system may be loose or
damaged;
(
f) no component of the steering linkage system may be repaired
by field welding or modified so as to weaken the linkage
system or affect the proper steering of the vehicle;
(
g) no nut, bolt, clamp or cotter pin may be loose, badly worn or
missing;
(
h) there must be a minimum clearance of 25 millimetres
between a steering tire and frame, fender or other part.
Suspension
Suspension
22 The standards to be met by the suspension are as follows:
(
a) ball joints must not have play in excess of the manufacturer's
specifications;
(
b) the control arm inner pivots must not have excessive play;
(
c) wheel and axle bearings must not have excessive wear, play,
binding or damage;
(
d) shock absorbers must not be loose, bent, disconnected,
missing or damaged, or show evidence of active fluid
leakage;
(
e) front and rear springs, shackles, U-bolts, centre-bolts, radius
rods, control arms, torque arms, equalizers, sway-bars,
stabilizers and their supports and attachments must not be
loose, bent, cracked, broken, disconnected, displaced,
perforated by corrosion or missing;
(
f) the rear axle or axles and their wheels must track properly so
as not to adversely affect control of the vehicle;
(
g) where a vehicle is equipped with full air brakes and the
engine is started with zero gauge air in the air brake system,
air must not begin to flow into the suspension system until
the pressure in the system reaches 450 kPa gauge pressure;
(
h) no air leakage may occur when air in the suspension system
is at normal operating pressure and the pusher or tag axle, if
fitted, is tested in the load and reduced load sharing modes;
(
i) where the system has a pusher or tag axle, the pusher or tag
axle must respond to its load sharing control switch or valve
when air in the suspension system is at normal operating
pressure;
(
j) when air in the suspension system is at normal operating
pressure, the vehicle body and chassis frame must
(
i) be supported clear of all axles, and
(ii) appear to be level;
(
k) suspension joints of a variable load sharing axle with
independent suspension must not be worn beyond the limits
specified by the manufacturer;
(
l) the air bag or air line shall not be missing, cut, bruised,
crushed or leaking and the air bag must not be cracked to the
braid or mounted insecurely.
Electrical Components
General requirements
23 The standards to be met by the electrical components are as
follows:
(
a) an electrical component must be secure on its mounting;
(
b) the horn operating mechanism must function in accordance
with the manufacturer's specifications;
(
c) the electric wiring and any trailer cord must not be loose so
as to contact moving parts, rubbed through the insulation,
peeled, cut or deteriorated;
(
d) the battery must be securely mounted, and must not be loose,
missing or have hold downs missing.
Windshield wipers and washers
24 The standards to be met by the windshield wipers and washers are
as follows:
(
a) the windshield washer system must function in accordance
with the manufacturer's specifications;
(
b) each wiper arm and blade assembly must sweep the area
specified by the manufacturer;
(
c) each part of the windshield wiper system must be in place
and in a condition so that its effectiveness is not impaired.
Heating and defrosting systems
25(1) The standards to be met by the heating system and the
defrosting system are as follows:
(
a) the heating system must function in accordance with the
manufacturer's specifications;
(
b) the visible portions of the hoses and piping for the interior
heaters routed within the occupant compartment must not be
abraded, cracked or leaking;
(
c) the windshield defroster system must deliver heated air to the
windshield and, where fitted, to the side windows to the left
and right of the driver.
(2) Despite subsection (1)(c), the windshield defroster system of a bus
must deliver heated air to the windshield, the driver's side window and
the door glass panels, unless the service door is equipped with
frost-resistant glass panels.
Starting switch
26 The standards to be met by the neutral safety starting switch are as
follows:
(
a) the neutral safety starting switch must not be missing;
(
b) the starter must operate only when the gear selector or
transmission is in the park or neutral position.
Lamps and reflectors
27 The standards to be met by lamps and reflectors are as follows:
(
a) each circuit must light and activate the required lamps on that
circuit when the appropriate switch is in the "on" position;
(
b) each indicator lamp must operate in accordance with the
manufacturer's specifications;
(
c) a circuit must not interfere with any other circuit;
(
d) each lamp, lens and reflex reflector must
(
i) not be missing in whole or in part,
(ii) not be discoloured,
(iii) be correctly installed,
(iv) be securely mounted, and
(
v) operate in accordance with the manufacturer's
specifications;
(
e) a lamp must not be covered with translucent or opaque
material;
(
f) a lamp must not be modified by the attachment of any device
to the lamp or the vehicle that reduces
(
i) the effective area of the lens, or
(ii) the brightness of the light;
(
g) each headlamp shutter or retracting headlamp must either
(
i) operate over the full range of movement, or
(ii) be secured in the fully open position;
(
h) all headlamps must be aligned according to the
manufacturer's specifications;
(
i) retroreflective markings must not be damaged, obscured or
contaminated in such a way to render them ineffective.
Wheels and Tires
Tires
28(1) In this section,
(a) "construction type" means a type of tire carcass construction
and includes
(
i) bias ply,
(ii) belted-bias, and
(iii) radial ply,
but does not include variations in tread pattern or in cord
material used in building a tire carcass;
(b) "steering axle" means a steering axle under the Commercial
Vehicle Dimension and Weight Regulation (AR 315/2002).
(2) The standards to be met by the tires are as follows:
(
a) all tire pressures must be maintained in accordance with the
manufacturer's specifications;
(
b) subject to clause (c), the tire on a steering axle must not be
worn so that less than 3.2 millimetres of tread remain in any
2 adjacent major grooves;
(
c) despite clause (b), a tire must not be worn so that
(
i) any tread wear indicator contacts the road, and
(ii) less than 1.6 millimetres of tread remain in any 2
adjacent major grooves;
(
d) a tire must not have exposed cord;
(
e) a tire must not have cuts or snags deep enough to
(
i) expose the cord, or
(ii) affect the safety of the tires;
(
f) a tire must not have any abnormal visible bump, bulge or
knot related to tread or side-wall separation or to failure or
partial failure of the tire, including the bead areas;
(
g) except for a tire designed for recutting and marked by the
manufacturer as being so designed, a tire must not have been
regrooved or recut below the original new tire groove depth;
(
h) a retreaded tire must not
(
i) be fitted to a steering axle, or
(ii) have a peeled surface;
(
i) no tire may be mounted or inflated so as to be in contact with
any part of the vehicle;
(
j) a tire must not be of a smaller size than the minimum size
specified by the manufacturer of the vehicle;
(
k) except where a vehicle has dual rear tires, a vehicle shall not
be fitted with both radial ply and bias or belted-bias ply tires
unless the combination of types of tires is in accordance with
the tire manufacturer's specifications;
(
l) a vehicle must not be fitted with a combination of
construction types or sizes of tires on an axle unless that
combination is stated by the manufacturer to be equivalent by
tire industry standards;
(
m) dual tires must not
(
i) be in contact with each other, or
(ii) differ from each other by more than 13 millimetres in
diameter or by more than 38 millimetres in
circumference;
(
n) a vehicle must not be fitted with a tire that
(
i) bears the wording "not for highway use", "farm use
only", "competition circuit use only" or any other
wording or lettering indicating that the tire was not
designed for highway use, or
(ii) bears the letters "SL", "NHS" or "TG" after the tire
designation.
(3) In addition to subsection (2), where a bus is equipped with one rear
axle and the axle is equipped with 2 tires, neither tire may be retreaded.
Wheels
29 The standards to be met by the wheel studs, hub, rims and wheel
bearings installed on axles are as follows:
(
a) a wheel stud, bolt, clamp, nut or lug must not be loose,
missing, damaged, broken or mismatched;
(
b) the nut must be fully engaged with the stud;
(
c) a disc wheel assembly must not
(
i) have any visible crack or elongated bolt hole,
(ii) have any indication of repair by field welding, or
(iii) be so bent or damaged as to affect the safe operation of
the vehicle;
(
d) a wheel rim and lock ring must not be mismatched, bent,
spr