1971 Bill 87 Fourth Session, 16th Legislature, 10 Elizaoeth II ji t %, THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 87

An Act to amend The Public Service Vehicles Act THE MINISTER OF HIGHWAYS AND TRANSPORT First Reading .............................. . Second Reading Third Reading ............................. . Printed by L. S. Wall, Queen's Printer, Edmonton

BILL 87 1971

AN ACT TO AMEND THE PUBLIC SERVICE VEHICLES ACT (Assented to ,1971) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1. The Public Service Vehicles Act is hereby amended.

Section 2, clause 20 is amended by adding the word "and" at the end of subclause (ii) and by adding the fol­ lowing subclause after subclause (ii) : (Hi) includes la trailer as defined by The Highway Traffli,c Act.

Section 35, subsection (2) is amended by adding the word "or" at the end of clause (

b) and by adding the fol­ lO1,ving clause after clause (b): (

c) when the body 'Of ,the truck eithe'r oonsists 'Of lOr is equipped with a structure desig'1ned or intended to be used ~aiS a dwelling plac1e, living abode or sleep­ ing place 'and the 'truck is used for personal trans­ por'tation of tbe owner or operator and his house­ bold and is intended :for the use and enjoyment of himself 'Or his househ'Old and not for us'e in any business. 4.

The following sectidn is added after sect1"on 55: 55.1 Every shipper or consignee shipping freight by a public service 'Or commerdal v1ehicle shan permit inspec­ tion during husiness hours by the Board or an appointed representative thereof, 'Of his books, accounts 'and other reeords pertaining to the shipping amd the freight.

Section 65 is amended (

a) as to subsection (6), clause (

a) by striking 011t sub clauses (i), (ii) and (iii) and by sUbstitutin"g the following: (

i) to a fine of not less than $50 and not more than $100 for the first offence,

Explanatory Notes I. This Bill amends ,chapter 300 'Of the Revised Statutes Qf Alberta 1'970. 2. The definition of "trailer" is amended ito include a 'trailer~' as defined m The Highway Traffic Act.

Section 35, 'Subsection (2) presently reads:

(2) No person shall ride or permit a passenger to ride in the body of a truck in which carglO is being carried, except (

a) in cases .of emergency, or (

b) with the permission i'n writing ,of the Board. 4. Inspection of freight records of shlippeDsl and consignees.

Section 65, subsectiQn (6), clause (a) ,and subsection (7) p.resently read:

(6) Any pe'rs,on who violates any provision ,oil' this Act in respect of maximum weight Dr any regulation in respect there.of is guilty .of an offence and liable on

summary convictiDn, (

a) if the lawful maximum weight of the vehicle and ,IDad in respect of which the .offence was committed is less than 20,000 pDunds, (

i) to a fine of not less than $20 nor more than $50 fDT a first offence, (ii) toO a fine .of nDt less than $50 nor mDre than $100 f.or a second .offence, and (iii) to a fine of not less than $100 noOr mDre than $200 or tD have his licence suspended, for a third .or subsequent .offence,

(7) A person who CDntravenes any provision of this Act .or any regula­ tion in respect of the maximum weight that may be borne by an axle Dr an axle gr'Dup of a vehicle is guilty of an offence and lia:ble .on sum­ mary convictioOn to a fine.

(ii) to a fine of not lesls than $100 and not more than $200 for a s:econd offence, and (iH) to a fine of not less than $200 and net more than $300, or to have his licence suspended, fot' la third or 'subsequent offence, (

b) as to subsection (7) by striking out the words "or any regulation" and by substituting the words "or the regulations or orders made under this Act", (

c) by adding after subsection (8) the following sub­ section:

(9) Where a person violates or contravenes any provision of this Act with respect to the transporta­ tion of a piece of equipment or a machine on a high­ way for which a permit for an overload is required, the shipper and the carrier shall for the purposes of subsection (6) or subsection (7) be deemed to be jointly and severally responsible for the violation or contravention unless the shipper or the carrier, as the case may be, produces evidence to show that he did not violate or contravene the provision. 6. The following

section is added after

section 66: 66.1

(1) In a prosecution under this Act or the regula­ tions or ,orders made under this Act, a eertifica te purport­ ing to. be iSisued and signed by an inspector under the Weights and Measures Act (Oarnada) and bearing the date either not later than one year before or within one year after the date of the offence charged, shall be admitted in evidence 'as prima fade proof of the facts stated in the certificate without proof of the signature or apPo.:ntment of the pers,on signing the ce,rtific'aJte.

(2) Notwithstanding subsectiQn (1), in a prosecution under this Act o.r the regulations 'Or orders made under thi~ Aet, a c€l'Itificate purportedly signed by a peace officer or a person appointed by the Board for the purpose stating (

a) the gross weight of the vehicle and its load, (

b) that he determined the gross weight transferred to. the road through any point or PQints of contact of the vehicle with the road, and (

c) that the o.perator of the vehicle agrleed to accept the weight determined as being acceptably accu­ rate shall be admitted in evidence as prima facie proo.f of the welight of the veh~cle and lits load, without proof of the signature or appoITIJtment ,of the peI'lson signing the cer­ tifioate.

(3) Where a. vehicle a~~ its load is weighed by a per­ son who. may glve a certifIcate under SUbsection (2) the peace officer or person appointed by the B'Oard shall advise 2

6. A .new

section is added ,t.o allow prosecutions for weights obtained from portable ISIc:ales. 2

the person in charge of the vehicle that he has th~ right to take the vehicle land its load forthwith to a weIgh slcale c1apable of weighing the vehide and i'ts load, C'e;rtified by an illlspe'ctor w.irthin the meaning of the WeIghts and Measure!s A,ct (Canada). ( 4) The person in ,charge of the vehide shall take such steps as he ,consid!ers, nlec:es1sary to ensure that niQ altera­ tion in 'the weight of the vehicle or its load occurs in tran­ sit to a weighing machine.

(5) Whe,re the vehicle is taken to la weigh scale pursuant to subsections (3) amd (4), the 'certificatJe signed pursuant to subsection (2) is, not prima facie proof of the weight of Ithe vehicle except where ,any decrease in the weight of the load occurs in transit to the weigh scale. 7. The fdllowing

section is added after

section 67: 67 . ~ No driver or operator of a public service or com­ mereial vehicle Ishall dump or unload or permit any other person to dump or unload, all or part of the freight he i3 carrying (

a) on any highway, or (

b) at any weigh scale silte, unless the dumping or unloading is authorized by a person appO'i,I]ted by the Board or a peace offic1er. 8. This Act comes into force on the day upon which it is assented to. 3

7. Dumping and unloading on highways and weigh scale sites prohihited. 3 Title: 1971 (16th, 4th) Bill 87,

An Act to amend The Public Service Vehicles Act