Additional regulations (N.S. Reg. 283/1992) (just regulations regs mcboard.htm)
N.S. Reg. 283/1992
Nova Scotia — Regulations
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Board Public Passenger Motor Carrier Act Regulations
made under subsections 27(1) and 36(4) of the
Motor Carrier Act
R.S.N.S. 1989, c. 292
O.I.C. 92-1257 (effective January 1, 1993), N.S. Reg. 283/1992
amended to O.I.C. 2022-327 (effective January 1, 2023), N.S. Reg. 333/2022
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations .
Citation and application
Interpretation
Application for license
Application for approval of sale, assignment, lease or transfer of a license
Services
Service conditions and obligations
Licenses and identification
Certificate of authorization
Insurance
Construction, maintenance and operation of vehicles
Exemptions applicable to school buses
Additional regulations relating to school buses
Commercial vehicle license
Operational and equipment requirements - owner or operator of a commercial vehicle
Daily inspection requirements and reporting requirements for commercial vehicles
Inspection, repair and maintenance record requirements - owner or operator of a
commercial vehicle
Inspection, repair and maintenance standards - owner or operator of a commercial
vehicle
Conditions of carriage
Temporary operations
Exemptions
Appendix “A”—Daily Inspections
Schedule I: Outside Inspection
Schedule II: Inside Inspection
Appendix “B”—[repealed]
Appendix “C”—Commercial Vehicle Component Performance Standards
Appendix “X”—Conditions of Carriage of Parcel Express
[Forms]
Form A [repealed]
Form B [repealed]
Form C [repealed]
Form D [repealed]
Form E [repealed]
Form F [repealed]
Form G [repealed]
Form H [repealed]
Form I [repealed]
Form J [repealed]
Form K [repealed]
Form L [repealed]
Citation and application
(1) These regulations may be cited as the Board Public Passenger Motor Carrier Act
Regulations .
(2) These regulations apply
(
a) to public passenger vehicles; and
(
b) in respect of public passenger vehicles to
(
i) motor carriers, and
(ii) drivers.
(3) These regulations are in addition to the Governor in Council Public Passenger
Motor Carrier Act Regulations .
Interpretation
2 In these regulations,
“Act” means the Motor Carrier Act ;
“applicant” means any person presenting to or filing an application with the Board
or causing an application to be so presented or filed on the person’s behalf and
includes a petitioner or complainant;
“application” includes a petition or complaint originating any proceeding, matter or
thing before the Board;
“AS” means American Standard;
“Board” means the Board as defined in the Act;
“C.C.M.T.A” means the Canadian Council of Motor Transport Administrators;
“CGA” means the Compressed Gas Association;
“Clerk” means the Clerk of the Board;
“CMVSS” means a Canada Motor Vehicle Safety Standard prescribed by the
MVSR;
“commercial vehicle” means a public passenger vehicle that has a seating capacity
of 8 passengers or less excluding the driver, and that provides a
(
i) daily, weekly, or other regular service, or
(ii) charter or tour service
that enters or departs any municipality, but, for greater certainty, does not include a
commuter vehicle, courtesy vehicle or taxicab;
“commercial vehicle license” means a license issued by the Board pursuant to
subsection 42B(2) to the owner or operator of a commercial vehicle, allowing the
holder to operate the commercial vehicle;
“commuter vehicle” means a motor vehicle that
(
i) has a seating capacity of 8 passengers or less excluding the driver,
(ii) is not operated for gain, and
(iii) is used for the transportation of passengers from their residences to
their places of work or study and return,
and, for greater certainty, includes a motor vehicle whose passengers may
contribute to the payment of out-of-pocket expenses incurred in its operation;
“convertible vehicle” means a motor vehicle designed or constructed with a roof
that is completely or partially retractable or removable, and does not conform to
MVSR roof intrusion protection provisions applicable to vehicles subject to the
provisions;
“courtesy vehicle” means a motor vehicle that has a seating capacity of 8
passengers or less excluding the driver, and that is operated to provide a service for
which a passenger is not charged any service charge, directly or indirectly;
“CSA” means the Canadian Standards Association;
“driver” means the person driving or in charge of a vehicle, and for the purpose of
Sections 42B to 42E, means the driver of a commercial vehicle;
“GVWR” means the manufacturer’s gross weight rating for a vehicle;
“motor vehicle” means a motor vehicle as defined in the Act;
“multipurpose passenger vehicle” means a vehicle
(
i) having a designated seating capacity of 10 or less, that is constructed
either on a truck-chassis or with special features for occasional
off-road operation, but does not include an air cushion vehicle,
all-terrain vehicle, golf-cart, passenger car or truck, and
(ii) that is designated as a multipurpose passenger vehicle under
CMVSS;
“municipality” means a regional municipality, town, or county or district
municipality;
“MVSR” means the Motor Vehicle Safety Regulations made pursuant to the
Motor Vehicle Safety Act (Canada);
“owner or operator”, for the purpose of Sections 42B, 42C, 42D, 42E and 42H,
means a person who owns, leases or is responsible for the operation of a
commercial vehicle;
“parcel express” means any freight accepted for shipment and transported by
public passenger vehicle between points on designated routes;
“parent” for the purposes of clause 42A(2)(
a) and clause 51A(d), means the
(
i) parent,
(ii) guardian, or
(iii) custodian, by written agreement or court order,
of a school pupil;
“passenger car” means a vehicle
(
i) having a designated seating capacity of 10 or less, but does not
include an all-terrain vehicle, competition car, multipurpose
passenger vehicle, antique reproduction vehicle, motor cycle, truck or
trailer, and
(ii) that is designated as a passenger car under CMVSS;
“person with a physical disability” means a person who, because of a mobility
impairment, requires the use of a special transit facility;
“physically disabled school pupil” means a school pupil who is a person with a
physical disability;
“rental vehicle” means a commercial vehicle that
(
i) has travelled less than 50 000 km,
(ii) is less than 1 year old from the date of purchase from the
manufacturer, and
(iii) is leased from a recognized leasing company for a term
(
A) of no more than 30 days, and
(
B) commencing at least 7 days from the expiration date of any
previous term of lease of the commercial vehicle;
“special transit facility” means a public passenger vehicle designed and
manufactured or converted for the purpose of transporting persons with physical
disabilities;
“taxicab” means a public passenger vehicle that has a seating capacity of 8
passengers or less excluding the driver, and that is operated
(
i) within a municipality; or
(ii) under hire on single contracts for the conveyance of passengers with
or without baggage for one trip or one trip and return, from any point
within the Province to a destination also within the Province,
and that is not operated to provide a regular service; and
“truck” means a motor vehicle
(
i) having a designated seating capacity of 10 passengers or less, that is
designed primarily for the transportation of property or equipment,
but does not include a chassis cab, crawler-mounted vehicle, trailer,
work vehicle or a vehicle designed for operation exclusively off the
public highway, and
(ii) that is designated as a truck under CMVSS.
Application for license
(1) Except as provided in subsection (2), an application for a public passenger license
shall contain
(
a) the full name and description of the applicant and
(
i) if the applicant is a firm or co-partnership, a copy of the declaration
of partnership filed in the office of the Registrar of Joint Stock
Companies shall be attached to the application,
(ii) if the applicant is a corporation other than a municipality or a school
board, a copy of the certificate of incorporation issued to the
corporation or if incorporated by special act a statement containing a
reference to such special act and to any amendments thereto shall be
attached to the application;
(
b) the financial condition of the applicant and if the applicant is an
incorporated company, the amount and classes of stock authorized and of
stock issued and outstanding and the amount of any issue of bonds and the
rate of interest payable thereon, the amount of bonds outstanding and a copy
of the applicant’s last audited annual statement shall be attached to the
application;
(
c) a description of the business proposed to be operated;
(
d) particulars of any specialty services applied for;
(
e) a description of the routes over which or the areas within which the
applicant proposes to operate and the type and frequency of service which
the applicant proposes to furnish over each route in each area;
(
f) the length of each route in kilometres together with a plan of same and if a
route passes through or into more than one city, town, or municipality, the
kilometrage of the route in each city, town, or municipality;
(
g) a
schedule showing proposed times of arrival and departure;
(
h) a
schedule showing proposed rates, tolls, fares and charges;
(
i) the kind, year of manufacture, maker’s name and serial number of each
public passenger vehicle, proposed to be operated and a statement
identifying each vehicle with the proposed routes and areas of its operation;
(
j) the maximum seating capacity, excluding the driver’s seat, of each public
passenger vehicle;
(
k) if the application is for a license authorizing the furnishing of school bus
service a statement that the vehicles to be used as school buses meet the
standards prescribed by the regulations made under the Act; and
(
l) if the application is for authority to furnish a contract service, copies of the
contracts relating to the service.
(2) An application for a license to furnish a specialty school bus service only, shall
contain
(
a) the full name, description and address of the applicant;
(
b) particulars of the school bus service the applicant proposes to operate;
(
c) brief particulars of contracts or arrangements made with School Boards,
School Trustees or other school authorities;
(
d) the kind, year of manufacture, maker’s name and serial number of each
vehicle proposed to be operated;
(
e) the maximum seating capacity, excluding the driver’s seat, of each vehicle
proposed to be operated;
(
f) a statement that the vehicles to be used as school buses meet the standards
prescribed by these regulations.
(3) Every application for the approval of an amendment to a license shall contain
(
a) the name, address and license number of the applicant;
(
b) particulars of the proposed amendment;
(
c) reasons for the proposed amendment.
(4) Every application for a license under this
Section shall include an affidavit by the
applicant or his agent or if the applicant is a body corporate by an officer of such
body corporate verifying the matters set out in the application.
(5) [repealed]
(6) [repealed]
(7) [repealed]
Application for approval of sale, assignment, lease or transfer of a license
(1) An application for the approval by the Board of the sale, assignment, lease or
transfer of a license shall contain
(
a) the full name and description of the applicant;
(
b) the number and particulars of the license which is the subject of the
application;
(
c) a copy of the agreement of sale, assignment, lease or transfer of equipment
and other property being sold, assigned, leased or transferred;
(
d) a list of the vehicles being sold, assigned, leased or transferred together with
particulars of the kind, year of manufacture, maker’s name, serial number,
registration number and maximum seating capacity of each vehicle;
(
e) unless the application relates to a school bus service only, a list of the debts
of the applicant that are being assumed by the purchaser, assignee, lessee or
transferee and a statement of the manner in which they will be liquidated;
and
(
f) if the applicant is an incorporated company, a certified copy of the directors’
resolution and any other necessary resolutions authorizing the sale,
assignment, lease or transfer of the applicant’s license and assets of the
transportation service operated thereunder.
(2) Every application for an approval under this
Section shall include an affidavit by
the applicant, or his agent, or if the applicant is a body corporate by an officer of
the body corporate, verifying the matters set out in the application.
(3) The applicant shall attach to the application a certification of the purchaser,
assignee, lessee or transferee or, if the purchaser, assignee, lessee or transferee is a
body corporate, of an officer of such body corporate containing the following
information:
(
a) the full name and description of the purchaser, assignee, lessee or transferee
together with information similar to that required under clause (
a) of
subsection (1) of
Section 3;
(
b) the financial condition of the purchaser, assignee, lessee, or transferee
together with information similar to that required under clause (
b) of
subsection (1) of
Section 3;
(
c) if the purchaser, assignee, lessee or transferee is an incorporated company, a
certified copy of the directors’ resolution and any other necessary resolution
authorizing the purchase, assignment, lease or transfer of the applicant’s
license and assets of the transportation service operated thereunder; and
(
d) a description of the business proposed to be operated by the purchaser,
assignee, lessee or transferee together with information similar to that
required under clauses (
d) to (
l) of subsection (1) of
Section 3.
(4) [repealed]
5 Subject to subsection (4) of
Section 25 of the Act, the Board shall not issue a license,
grant approval of an amendment of a license or grant approval to the sale, assignment,
lease or transfer of a license until the applicant, purchaser, assignee, lessee or transferee,
as the case may be, has
(
a) effected or placed a motor vehicle liability policy of insurance satisfactory to
the Board in such sums as are prescribed by these regulations for the
protection of passengers, property and parcel express carried by the motor
carrier and such other policies of insurance of whatsoever nature and in such
sums as these regulations prescribe; and
(
b) filed in the office of the Board
(
i) a certificate of insurer certifying that the insurance required by the
Act and the Board regulations has been placed or effected in respect
of each public passenger vehicle to be operated by the motor carrier,
and
(ii) a certificate signed by an inspector appointed under the Act that the
vehicle to be used in the furnishing of the proposed service is
mechanically fit.
6 The Board at the time of or before the issue of a license or approval of the sale,
assignment, lease or transfer of a license, may determine and approve as terms of the
license or approval as the case may be, the
(
a) classes of service which the motor carrier is authorized to furnish;
(
b) routes over which and the areas within which each class of service
authorized to be furnished by the motor carrier shall be furnished;
(
c) frequency of each service;
(
d) timetables showing the time of departure from, arrival at the terminal and
time of passing named points on routes upon which public passenger
vehicles are to be operated;
(
e) schedules of the rates, tolls, fares or charges to be levied by the motor
carrier in relation to the transportation of passengers, baggage or parcel
express in public passenger vehicles;
(
f) particulars of any conditions, limitations or restrictions relating to the
license or to operations under such license;
(
g) type and number of vehicles that may be operated under the license;
Services
7 The following words are used to describe public passenger services:
(a) “public passenger” means a service by means of a public passenger vehicle;
(b) “general” means the transportation of all persons, baggage and parcel
express not exempted from the Act or these regulations;
(c) “restricted” means the transportation of the persons, baggage and parcel
express specified in the license;
(d) “contract” means the transportation of persons, baggage and parcel express
solely for the person specified in the license;
(e) “specialty” means the transportation of persons, baggage and parcel express
by chartered trips or on sight-seeing tours or by school bus or any service
that in the opinion of the Board is a specialty service;
(f) “route” means the transportation of persons, baggage and parcel express by
way of a designated route from one terminus to another and includes,
subject to restrictions or limitations expressly set out in the license, service
to intermediate points and service from one intermediate point to another
and return services;
(g) “area” means the transportation of persons, baggage and parcel express
between the localities situated within an area defined geographically such as
a county or an area lying within well defined and clearly indicated
boundaries, subject to restrictions or limitations expressly set out in the
license;
(h) “regular” means the transportation of passengers, baggage and parcel
express from one point to another or on a round trip at fixed hours, days,
weeks, or intervals;
(i) “irregular” means the transportation of passengers, baggage and parcel
express at hours, days, weeks or intervals that are not fixed.
Service conditions and obligations
8 The following service conditions and obligations shall apply:
(
a) all contract services and all specialty services are restricted services;
(
b) an authorization to transport persons, baggage and parcel express under a
contract service shall be valid only for the duration of the contract between
the motor carrier and the person for whom the service is to be supplied and
shall be personal and non-transferable;
(
c) a duplicate original of such contract duly completed and signed by the
parties shall be filed by the carrier in the office of the Board;
(
d) a motor carrier authorized to furnish an area service shall
(
i) maintain the service distinct from any other service that he is
authorized to furnish,
(ii) furnish service throughout the whole area, and
(iii) not limit the service to a route within the area;
(
e) a motor carrier licensed to operate a regular service shall provide the service
in accordance with the time
schedule fixed by the Board regardless of the
number of passengers, or the quantity of baggage or parcel express requiring
transportation, and in accordance with the conditions and at the tariff rates
set out in the license;
(
f) a motor carrier licensed to operate an irregular service shall transport
passengers, baggage or parcel express requiring transportation, to the extent
of his available equipment and in accordance with the conditions and at the
tariff rates set out in the license;
(
g) no motor carrier shall join or cause to be joined a specialty charter or
contract route or area public passenger authorization contained in the license
of the motor carrier with another specialty charter or contract route or area
public passenger authorization contained in the license or any other license
of the motor carrier or of any other motor carrier unless the authority to join
is specifically included in the license of the motor carrier.
Licenses and identification
9 Subject to the other provisions of these regulations, a license issued to a motor carrier
authorizes the motor carrier to furnish the services specified in the license in accordance
with the terms of the license and the provisions of the Act and these regulations.
10 The license issued to a motor carrier does not authorize the transportation of explosives
or dangerous articles and does not authorize transportation by school bus, or by other
specially designed, constructed or equipped vehicles, unless specifically stated in the
license.
(1) Subject to subsection (2), every motor carrier shall paint on or otherwise firmly
apply or attach to both sides of each public passenger vehicle operated under the
license issued to the motor carrier in easily read letters of not less than 75 mm (3
in.) in height, and in three lines, the following information:
(
a) name of motor carrier license holder;
(
b) address of motor carrier license holder; and
(
c) motor carrier license number.
(2) In the case of a public passenger vehicle that has a seating capacity of ten
passengers or less, the size of the letters required under this
Section may not be less
than 25 mm (1 in.) in height.
(3) A motor carrier shall maintain the markings required by this
Section free from
foreign materials and in condition to be clearly visible.
(1) The Board shall issue to each motor carrier for each public passenger vehicle from
time to time designated in the motor carrier license an identification plate
containing the letters “N.S.” to indicate the Province of Nova Scotia, the year for
which it is issued and a distinguishing number and letters according to the
following classification of services, namely:
(a) “P” to indicate public passenger service other than school bus service;
(b) “SB” to indicate specialty school bus service;
(c) “SB-P” to indicate specialty school bus service and public passenger
service.
(2) Prior to the issuing of an identification plate, the motor carrier shall submit to the
Board satisfactory evidence that the taxes, tolls or fees due and payable by the
carrier under the Act have been paid to the Board or that an arrangement
satisfactory to the Board has been made with reference thereto.
(3) The identification plate issued under this
Section for a vehicle is valid during the
year for which it is issued and until the 30th day of April of the following year.
(4) Expired or deleted identification plates shall be removed from the vehicle.
(5) The identification plate may be renewed and the renewal shall be evidenced by a
sticker bearing the year of renewal and affixed to the designated portion of the
plate.
13 Every licensed motor carrier shall attach each identification plate issued to the front of
the public passenger vehicle for which the plate was issued.
(1) No person shall attach or display any identification plate issued under the Act or
these regulations on any vehicle other than the vehicle for which the plate was
issued.
(2) No motor carrier shall drive or use or require or permit any other person to drive or
use a public passenger vehicle on a highway unless there is attached to the vehicle
in the manner required by these regulations a valid identification plate issued for
the vehicle.
(1) A motor carrier may apply to the Board to replace a public passenger vehicle
operated by the motor carrier with another public passenger [vehicle], and to
transfer the identification plate issued to the vehicle being replaced to the
substituted vehicle if the substituted vehicle does not already have an identification
plate issued to it.
(2) The Board may permit a public passenger vehicle to be replaced and an
identification plate to be transferred under this
Section once it is satisfied that all
taxes, tolls or fees required to be paid by the motor carrier under the Act have been
paid or that satisfactory arrangements have been made to pay them.
(3) An application form for an application under this
Section shall be in the form and
contain the information required by the Board.
16 When a motor carrier discontinues the use of a public passenger vehicle for which an
identification plate was issued, he shall not thereafter drive or use or require or permit
any other person to drive or use the vehicle with the identification plate attached, on a
highway, and shall remove said plate and return the plate to the Board.
Certificate of authorization
(1) Each year the Board shall issue with respect to each public passenger vehicle from
time to time designated in the license of a motor carrier and for which an annual
identification plate has been issued a certificate of authorization which shall be
valid during the year for which it was issued and until the 30th day of April of the
following year unless otherwise stated in the certificate or unless earlier cancelled
or suspended by the Board.
(2) A motor carrier shall cause a valid certificate of authorization to be in the
possession of the driver of any public passenger vehicle which the motor carrier is
authorized to operate.
Insurance
(1) In addition to any other policy of insurance required by this Act, every motor
carrier shall effect or place and maintain a motor vehicle liability policy of
insurance issued by a company duly authorized to issue the policy in the Province,
providing third party coverage in respect of liability for loss or damage resulting
from bodily injury to or the death of persons other than passengers and for damage
to property of others to the limit of at least two million dollars, exclusive of interest
and costs, under an inclusive coverage for each public passenger vehicle used.
(2) A motor vehicle liability policy of insurance for the protection of passengers and
property carried by a motor carrier licensed to operate a public passenger vehicle
shall be in a form approved by the Board and shall be issued by a company duly
authorized to issue the policy in the Province and shall be in the following sums:
(
a) for each public passenger vehicle used, the seating capacity of which is
twenty passengers or less, excluding the driver, for loss or damage resulting
from bodily injury to or the death of persons and property damage to the
limit of at least two million dollars, exclusive of interest and costs, under an
inclusive coverage;
(
b) for each public passenger vehicle used, the seating capacity of which is not
less than twenty-one or more, excluding the driver, for loss or damage
resulting from bodily injury to or the death of persons and property damage
to the limit of at least three million dollars, exclusive of interest and costs,
under an inclusive coverage.
(3) A motor vehicle liability policy of insurance for the protection of parcel express
carried by a motor carrier licensed to carry parcel express shall be in a form
approved by the Board and shall be issued by a company duly authorized to issue
the policy in the Province and shall insure against the liability of the carrier for loss
or damage resulting from direct physical loss or damage to parcel express caused
by:
(
a) fire (including self-ignition and internal explosion and lightning);
(
b) flood (meaning rising navigable waters);
(
c) cyclone, hurricane or tornado;
(
d) collision, that is to say, accidental collision of the vehicle with any other
vehicle or object;
(
e) overturning of the vehicle;
(
f) collapse of a bridge;
(
g) stranding, sinking, fire or collision, including general average or salvage
charges when being transported on or in the vehicle while on a regular ferry;
(
h) theft of an entire shipping package;
and shall be in the sum of at least five thousand dollars for damage to parcel
express resulting from any one accident, exclusive of interest and costs, per public
passenger vehicle used.
(4) [repealed]
(5) [repealed]
Construction, maintenance and operation of vehicles
(1) Every public passenger vehicle shall conform to the construction and equipment
standards prescribed in the Motor Vehicle Safety Act, Canada and regulations, as
amended.
(2) In addition to the construction and equipment standards prescribed in subsection
(1), every school bus shall conform to the requirements prescribed in CSA
Standard D250-M1985, as amended.
(3) Every public passenger vehicle, other than an accessible transit bus or an accessible
over-the-road bus that is built after January 1, 1993, and that is used to transport
persons with physical disabilities shall, at a minimum, conform to CSA standard
CSA D409-92, Motor Vehicles for the Transportation of Persons with Physical
Disabilities , as amended.
(4) In addition to the construction and equipment standards set out in subsections
(1) and (2), every public passenger vehicle that is an accessible transit bus built after
January 1, 2004, and that is used to transport persons with physical disabilities
shall, at a minimum, conform to CSA standard CAN/CSA D-435-02, Accessible
Transit Buses , as amended.
(5) In addition to the construction and equipment standards set out in subsections
(1) and (2), every public passenger vehicle that is an accessible over-the-road bus built
after January 1, 2004, and that is used to transport persons with physical
disabilities shall, at a minimum, conform to CSA standard CSA D-436-03,
Accessible Over-the-Road Buses , as amended.
(1) In addition to the construction and equipment standards prescribed in
Section 19,
every public passenger vehicle shall be equipped with
(
a) at least 1 adequately pressurized multi-purpose powder fire extinguisher that
is mounted in a location that is readily accessible to the driver and is in plain
sight and clearly marked, and that
(
i) has a minimum rating of 3A:40B:C,
(ii) weighs between 2.0 and 2.5 kg (4.4 and 5.5 lb), and
(iii) meets all of the following conditions:
(
A) the operating mechanism shall be sealed with a type of seal that
does not interfere with the use of the extinguisher,
(
B) the extinguisher shall be equipped with a pressure gauge that
indicates the condition of the extinguisher,
(
b) a speedometer in good working order located in view of the driver at all
times;
(c) [repealed]
(
d) baggage racks adequate to carry baggage without discomfort to passengers
and equipped with covers if placed outside the vehicle;
(
e) windshield defrosters of sufficient capacity to keep the windshield, the side
window to the left of the driver, and the glass in the entrance door clear of
fog and frost;
(
f) heaters of either the hot water or combustion type and
(
i) if only one heater is used, it shall be a fresh air or combined fresh air
and recirculating type,
(ii) if more than one heater is used, the additional heaters may be of the
recirculating type,
(iii) if combustion type heaters are used, they shall be approved by a
recognized testing agency,
(iv) the heating system shall be capable of maintaining the inside air
temperature at a minimum of 5 o C (40 o F), at an outside air
temperature of -18 o C (0 o F);
(
g) front and rear bumpers attached directly to the frame members, and of
sufficient strength to permit the pushing of a vehicle of equal GVWR or of
being pushed by a vehicle without permanent distortion to the bumper,
chassis, frame or body;
(
h) in the case of vehicles under 4500 kg (10,000 lbs.) GVWR, an exhaust
system entirely outside the body of the vehicle and the tail pipe shall extend
beyond the left rear wheel of the chassis or rear bumper of the vehicle but
shall not emit exhaust on the right side of the vehicle;
(
i) in the case of vehicles over 4500 kg (10,000 lbs.) GVWR, an exhaust
system entirely outside the body of the vehicle and the tail pipe shall extend
beyond the rear bumper of the vehicle;
(
j) batteries mounted outside the passenger compartment;
(
k) an oil pressure gauge or low oil indicator, low coolant indicator or high
temperature warning indicator, a fuel gauge or low fuel indicator and
amperage gauge or non-charging indicator, all of which shall be contained
in an illuminated instrument panel clearly visible to the driver at all times
and each indicator shall be accompanied by an audible warning signal;
(
l) a fuel tank intake outside of the passenger compartment;
(
m) grab straps or handholds adequate for the use of standing passengers;
(
n) a unitized first aid kit packed in a sturdy, dust-proof, removable container
made of metal, or plastic of comparable strength, that is mounted in a
location that is readily accessible to the driver and is in plain sight or clearly
marked, and that contains at least all of the following equipment:
(i) 1 safety-oriented pocket guide,
(ii) 1 record book,
(iii) face masks for mouth-to-mouth artificial respiration,
(iv) 4 pairs of rubber gloves,
(v) 4 space blankets,
(vi) 150 individually wrapped 25 × 75 mm (1 × 3 in.) adhesive dressings,
(vii) eight 50 mm (2 in.) compress dressings,
(viii) six 100 mm (4 in.) compress dressings,
(ix) 2 gauze eye pads,
(x) 1 eye shield,
(xi) three 4-ply gauze dressings, a minimum of 914 × 914 mm (36 ×
36 in.) square,
(xii) two 50 mm × 5.5 m (2 in. × 6 yd.) gauze bandages,
(xiii) 1 packet of 25 mm × 4.6 m (1 in. × 5 yd.),
(xiv) adhesive tape,
(xv) 6 triangular bandages,
(xvi) 1 rolled metal splint 70 × 610 mm (2 3/4 × 24 in.) and 2 splint
paddings,
(xvii) 1 pair of sliver tweezers,
(xviii)1 pair of 152.4 mm (6 in.) scissors,
(xix) twelve 50 mm (2 in.) safety pins,
(xx) 1 pencil,
(xxi) 1 marked plastic bag for disposal of bio-hazardous waste,
(xxii) at least the following antiseptics:
(
A) disinfectant in the form of
(I) 100 ml (3.5 oz.) bottle of an adequate antiseptic, or
(II) individually wrapped towellettes [towelettes] with an
adequate antiseptic, and
(B) 24 hand cleaners;
(o) [repealed]
(
p) at least 3 flares or red triangular emergency reflectors that are each capable
of continuously producing a warning light or reflective surface for a distance
of 150 m (500 ft.) and for at least 8 hours;
(
q) a seat belt cutter mounted in a location that is readily accessible to the driver
in the driver’s seated position.
(2) When a public passenger vehicle is disabled on a highway outside the limits of a
city or town at a time of day when lighted lamps are required on vehicles and the
public passenger vehicle cannot be removed from the travelled portion of the
highway, the driver of the public passenger vehicle shall place the flares or red
emergency triangular reflectors upon the highway, one at a distance of
approximately 60 m (200 ft.) in front of the public passenger vehicle and two at the
rear of the public passenger vehicle, one at a distance of approximately 9 m (30 ft.)
and one at a distance of approximately 60 m (200 ft.).
(1) The body of every public passenger vehicle shall
(
a) be constructed so as to enable the driver to observe and communicate with
the passengers;
(
b) have a service door located on the right side near the front of the vehicle and
within the view of the driver designed so as to prevent accidental opening;
(
c) for a public passenger vehicle which has a seating capacity of twenty or
more, a service door having a minimum horizontal opening of 61 cm
(24 in.) capable of being manually controlled by the operator unless
otherwise approved by the Board;
(
d) have a modesty panel and padded safety bar or padded crash barrier at a
height of approximately 76 cm (30 in.) securely affixed to the vehicle so as
to prevent passengers in the front seat from being thrown into the step well
in case of a sudden stop;
(
e) have a properly secured grab handle at least 22.5 mm (10 in.) long
accessible to passengers entering or exiting through the service door;
(
f) meet the requirements of CMVSS 217, “Bus Window Retention, Release
and Emergency Exit”;
(
g) be designed so as to permit adequate ventilation of the vehicle under
operating conditions;
(
h) have an aisle clearance of at least 30.5 cm (12 in.) between seats facing
forward; and
(
i) subject to subsection (3) have an inside height of not less than 127 cm
(50 in.).
(2) No passenger service door shall open on the left side of the body.
(3) A standard size North American type passenger car or an acceptable vehicle
conversion that is authorized to be used otherwise than as a school bus is not
required to meet the requirements of clause (
i) of subsection (1).
22 In public passenger vehicles, other than school buses and public passenger vehicles
equipped to transport persons with physical disabilities,
(
a) all seats shall be securely fastened to the vehicle;
(
b) forward-facing seats shall be so placed that the distance from the front of
each seat back to the back of the seat ahead, measured on a horizontal plane
at the centre of the seat back cushion surface shall be a minimum of
68.6 cm (27 in.);
(
c) the aisle between any side facing seats shall be a minimum of 50.8 cm
(20 in.) wide;
(
d) the aisle between forward facing seats shall be a minimum of 30.5 cm
(12 in.) wide;
(
e) the seat back for each side facing seat shall measure at least 20.3 cm (8 in.)
vertically and shall be so mounted that its top is at least 30.5 cm (12 in.)
above the seat;
(
f) seats and backs shall be comfortably upholstered with adequate padding;
and
(
g) no seat shall be placed so as to interfere with passengers entering or leaving
the vehicle and no seat shall be placed so as to restrict the passageway to the
emergency exit door to less than 30.5 cm (12 in.);
(
h) for a vehicle that is equipped with seat belts or an approved restraint system,
signs shall be posted in locations clearly visible to seated passengers, stating
that the seat belts or restraint system shall be worn by the passengers when
the vehicle is in motion on the highway.
(1) Every public passenger vehicle shall be equipped with interior lights to keep the
vehicle passenger compartment adequately lighted between sunset and sunrise.
(2) The driver’s position shall be shielded from the interior lights required in
subsection (1) when the lights are operating.
24 A motor carrier shall at all times maintain every public passenger vehicle operated by the
motor carrier and the equipment of the vehicle
(
a) in a safe and proper working condition;
(
b) in a clean and sanitary condition;
(
c) adequately ventilated.
24A
(1) A motor carrier shall submit each public passenger vehicle licensed to be operated
by the motor carrier for inspection and testing by an inspector and shall provide
any facilities and assistance that the inspector or the Board considers necessary at
all the following times:
(
i) semi-annually,
(ii) at any time requested by an inspector or the Board.
(2) An inspection shall be conducted in accordance with the C.C.M.T.A. Bus Vehicle
Safety Inspection Program, Inspection Methods and Standards, published in
December 2000 as amended or updated and as supplemented by an inspection of
the brakes in accordance with all the following requirements:
(
a) an inspection shall include an internal brake inspection of the hydraulic
brake system conducted in accordance with
Section 3 of the C.C.M.T.A.
Bus Vehicle Safety Inspection Program, Inspection Methods and Standards,
published in January 1993;
(
b) an inspection shall include an internal brake inspection of the air brake
system conducted in accordance with
Section 3A of the C.C.M.T.A. Bus
Vehicle Safety Inspection Program, Inspection Methods and Standards,
published in January 1993;
(
c) an inspection shall include a test of braking efficiency using the Tapley
Brake Testing Meter or another testing mechanism considered by the Board
to be an equivalent device, and the vehicle shall meet the following
minimum brake efficiency readings as recorded by the device:
(
i) service brakes, 65%,
(ii) air-operated max brakes, 23%.
(1) No motor carrier shall permit a driver of a public passenger vehicle that provides a
general service, route service or regular service to carry more than 50% more
passengers than the seating capacity of the vehicle.
(2) No motor carrier shall permit the driver of a public passenger vehicle that provides
a contract service, specialty area service or irregular service to transport more
passengers than the designated seating capacity of the vehicle, or permit a person
other than the driver to occupy the portion of the vehicle assigned to the driver’s
use.
(3) An inspector appointed under the Act shall determine the maximum seating
capacity based upon the requirement set out in subsection (2).
26 A motor carrier providing a public passenger service over a specified route shall
establish at intervals of not greater than 3 hours and 30 minutes driving time, properly
equipped and maintained restrooms at which public passenger vehicles shall stop for a
reasonable length of time.
27 A motor carrier shall ensure that every public passenger vehicle receives a trip inspection
prior to the vehicle’s first trip of the day in accordance with the regulations under the
Motor Vehicle Act.
28 No motor carrier shall carry or permit to be carried in a public passenger vehicle baggage
or parcel express that would cause discomfort or inconvenience to passengers or interfere
with the safe operation of the vehicle, or any explosives, inflammable substances or any
other dangerous articles excepting gasoline or other fuel used for the locomotive power
of the vehicle and carried in a tank of the vehicle.
29 No motor carrier shall permit a public passenger vehicle to leave the point from which it
is scheduled to start any trip until the time fixed for starting the trip on the timetable or
permit the vehicle to pass an intermediate point on its route before the time fixed by the
timetable.
(1) A motor carrier shall not permit any person to smoke in a public passenger vehicle.
(2) No person shall smoke in a public passenger vehicle.
(3) A motor carrier shall post in a conspicuous place in every public passenger vehicle
operated by the motor carrier a legible notice forbidding smoking in the public
passenger vehicle.
31 Every motor carrier shall ensure that every public passenger vehicle operated by the
motor carrier is equipped as required by these regulations.
Exemptions applicable to school buses
(1) Section 12 of the Act, subsection 3(3),
Section 11, clauses 20(1)(
d) and (
m) and
Section 25 of these regulations do not apply to applications for licenses to operate
school buses or to school buses.
(2) Sections 25 and 33, subsection 35(1) and Sections 40, 41 and 42 do not apply to
any of the following while providing a school bus service:
(
a) a motor carrier operating a public transit service under the Municipal
Government Act ;
(
b) a motor carrier while operating within the municipal boundaries of a
municipality;
(
c) the Metropolitan Transit Authority.
(3) Section 25, clauses 33(1)(
a) to (
c) and Sections 41 and 42 of these regulations do
not apply to any of the following school buses:
(
a) a school bus that is equipped with a wheelchair lift or ramp and is operated
only to transport physically disabled school pupils;
(
b) a school bus that is equipped to transport only special needs students, if all
passengers are picked up and dropped off in the school’s driveway, in the
student’s driveway or at another location at the side of or off the highway
where it is safe to perform the loading and offloading and students are not
required to cross the highway to get to or from the school bus.
Additional regulations relating to school buses
(1) The body of every school bus shall
(
a) be painted national school bus chrome yellow;
(
b) bear the words “School Bus” in contrasting colours in letters at least
200 mm (8 in.) high on both the front and the rear of the vehicle
immediately below the roof line and be visible, and these words shall be
concealed when the vehicle is employed otherwise than as a school bus;
(
c) bear the words “DO NOT PASS WHEN RED LIGHTS FLASHING” in
contrasting colours at least 75 mm (3 in.) but not more than 125 mm (5 in.)
in height on the rear of the vehicle; and these words shall be concealed
when the vehicle is employed otherwise than as a school bus;
(
d) bear the words “THIS BUS STOPS AT RAILWAY CROSSINGS” in
contrasting colours in letters at least 75 mm (3 in.) high on the rear of the
vehicle.
(2) Every school bus shall be equipped with
(
a) not less than two non-skid tire chains if required for safe operation;
(
b) an extra-wide angle convex cross-over mirror mounted at the left and right
hand front corners of the school bus offering a
(
i) total view of the forwardmost point of the bus and road surface to a
distance in front of the vehicle of 2 metres, and
(ii) close-in field of vision of the road surface immediately adjacent to
the right and left side of the vehicle from a point directly below the
mirror to the rear corner of the bus.
(1) The maximum seating capacity of a school bus shall be determined by allowing a
rump space of 33 cm (13 in.) per pupil.
(2) An inspector appointed under the Act shall determine the maximum seating
capacity based upon the requirement set out in subsection (1).
(3) The motor carrier shall post the maximum seating capacity determined by the
inspector above the windshield to the right of the driver’s position.
(1) The seats in all school buses shall conform to the requirements of the MVSR and
CSA Standard D-250 in effect at the date of manufacture.
(2) No school bus shall be equipped with jump seats or portable seats.
36 No motor carrier shall permit
(
a) passengers to stand in a school bus when the vehicle is in motion;
(
b) at any time more passengers to be carried in the vehicle than provided for in
the seating capacity rating;
(
c) persons other than pupils, teachers and duly authorized officials to be
carried in the school bus;
while it is transporting pupils to and from school.
(1) No motor carrier shall permit any person to operate a school bus when the GVWR
exceeds the maximum carrying capacity of the vehicle as established by the
manufacturer’s rating.
(2) The GVWR shall be determined by taking the weight of the vehicle plus 68 kg
(150 lbs.) for the driver plus 54 kg (120 lbs.) for each of the passengers based on
the maximum seating capacity established by the inspector.
38 Every motor carrier shall cause to be posted inside each school bus in full view of the
seated passengers an instruction card giving instruction to pupils regarding their
behaviour on the bus and supplied to the motor carrier by the Board.
(1) No person shall obstruct, either wholly or partially, an aisle of a school bus by
(
a) sitting or standing in the aisle;
(
b) sitting in such a manner that the person’s body or any part thereof extends
beyond a seat into the aisle; or
(
c) placing books, bags, boxes, sporting equipment, clothing or any other
article
in the aisle or in such a position that it extends into the aisle.
(2) A person who is directed by the driver to leave the school bus shall do so
immediately.
40 [repealed]
41 Every school pupil being conveyed shall be instructed by the principal, of the school
which the pupil attends, that if after getting off a school bus it is necessary for such pupil
to cross the highway, the school pupil must proceed immediately to a position
approximately 3 m (10 ft.) in front of the stopped school bus, stop, look, and listen, then
cross the road at least 3 m (10 ft.) in front of the stopped school bus, when it is safe to do
so.
(1) Every school bus shall be equipped with two front and two rear red warning lights
and two front and two rear amber caution lights, each light shall have a diameter of
not less than 15.4 cm (7 in.) and be located as near the roof line as practicable and
be visible under normal atmospheric conditions from a distance of 154 m (500 ft.).
(2) The sets of red and amber lights shall be as far apart as possible with the amber
lights between the red lights.
(3) All school buses shall be equipped with red and amber lights of the sealed beam
type.
(4) The red warning lights and amber caution lights referred to in subsections (1),
(2) and (3) shall
(
a) flash alternately at a rate of sixty to one hundred and twenty flashes per
minute;
(
b) operate independently of all other circuits;
(
c) be energized manually by a master switch control located to the left-hand
side of the driver and clearly marked;
(
d) incorporate a momentary switch located to the left-hand side of the driver
and clearly marked to activate and deactivate the amber caution lights;
(
e) incorporate a push-button door switch that, when the service door of the bus
is opened, will cause the amber caution lights to automatically deactivate
and the red warning lights to automatically activate and, when the service
door is closed, will cause the red warning lights to automatically deactivate;
and
(
f) have red and amber pilot lights to signal the driver when the red warning
and amber caution lights on the exterior of the body are operating, which are
clearly visible and located
(
i) forward of the driver to the right or left side, and
(ii) so as not to obstruct the driver’s vision.
(5) Every school bus shall be equipped with a stop arm device that complies with the
requirements set out in subsection (6).
(6) A stop arm device shall
(
a) be at least 450 mm high and 450 mm wide and octagonal in shape;
(
b) display on the front and rear thereof the word “STOP” in white letters at
least 150 mm high with the lines forming the letters being at least 20 mm
wide on a red reflectorized background;
(
c) be equipped with double-faced lamps located on the top and bottom
portions of the stop arm, one above the other, that have the capacity to be
automatically activated so as to produce alternating flashes of red light
visible to the front and rear of the bus at the commencement of the stop arm
cycle and deactivated when the stop arm is retracted;
(
d) be located on the left exterior side of the bus in a position prescribed by the
Board in such manner as to be capable of being readily seen by motorists
approaching from the front or rear of the bus when the stop arm is in the
extended position;
(
e) operate automatically so as to move to the fully extended position
perpendicular to the side of the bus when the service door of the bus is
opened and return to the retracted position parallel to the side of the bus
when the service door is closed; and
(
f) operate only when the alternating red warning lights on the front and rear of
the bus are energized.
42A
(1) Where a motor vehicle described in
Section 51A is owned, leased, controlled by or
under contract to the school board and is used for school extra- or co-curricular
transportation and is operated by staff or volunteers of the school board, the school
board shall
(
a) effect and maintain a valid motor vehicle liability policy of insurance,
insuring, in respect of any one accident, to a limit of at least $2 000 000
inclusive, exclusive of interest and costs, against liability resulting from
bodily injury to or the death of one or more persons and loss of or damage
to property;
(
b) require the driver to hold the proper class of driver’s license in accordance
with the Motor Vehicle Act and provide a driver’s abstract at least once
annually to the school board;
(
c) not permit more passengers to be transported than the manufacturer’s
designed seating capacity or otherwise as may be established by law;
(
d) except where the motor vehicle is leased for less than 30 days, require the
vehicle to be inspected on a semi-annual basis by a licensed motor vehicle
mechanic;
(
e) except where the motor vehicle is leased for less than 30 days, require the
driver to take a Provincially recognized defensive driving course at least
once every five years, and if the driver has not taken the course within five
years of being approved to drive a vehicle in accordance with this clause,
the board shall require the driver to take the course within 90 days of being
approved;
(
f) require the driver to confirm to the school board that seat belts will be worn
by all passengers; and
(
g) require the vehicle to be driven by a driver who is at least 19 years of age
and does not have the status of a newly licensed driver under the Motor
Vehicle Act .
(2) Where a motor vehicle described in
Section 51A is owned, leased or controlled by
a parent, pupil, teacher or volunteer of the school board, or taxi operator and is
used for school extra- or co-curricular transportation and is operated by the parent,
pupil, teacher, volunteer or taxi operator as the case may be, the school board shall
(
a) require, each school year, that the parent, pupil, teacher, volunteer or taxi
operator complete Form “J” for vehicles other than taxis and Form “K” for
taxis and provide the form to the school board or person designated by the
school board to authorize transportation, confirming the following:
(
i) possession of
(
A) a valid motor vehicle liability policy of insurance, insuring, in
respect of any one accident, against liability resulting from
bodily injury to or the death of one or more persons and loss of
or damage to property, and,
(
B) in the case of a taxi, possession of a policy of insurance as
described in paragraph (A), that insures, in respect of any one
accident, to a limit of at least $1 000 000 inclusive, exclusive
of interest and costs,
(ii) possession of a current motor vehicle inspection for the vehicle,
(iii) possession of a valid driver’s license for the class of vehicle to be
operated,
(iv) that the manufacturer’s designed seating capacity will not be
exceeded,
(
v) that each seating position is equipped with a seat belt assembly as
prescribed in the Motor Vehicle Act ,
(vi) that seat belts will be worn by all passengers, and
(vii) that the driver is not less than 19 years of age and does not have the
status of a newly licensed driver under the Motor Vehicle Act ,
and, upon request, provide proof of the documents referred to in subclauses (
i) to
(iii); and
(
b) effect and maintain a valid motor vehicle liability policy of insurance,
extending to the motor vehicles to which this subsection applies, providing
liability coverage in excess of such coverage as is provided by any primary
motor vehicle liability policy, in respect of any one accident, to a limit of at
least $2 000 000 inclusive, exclusive of interest and costs, against liability
resulting from bodily injury to or the death of one or more persons and loss
of or damage to property.
(3) A person required to provide information pursuant to clause (2)(
a) shall undertake
to maintain
(
a) the motor vehicle liability policy described in subclause (2)(a)(i);
(
b) the motor vehicle inspection described in subclause (2)(a)(ii) ; and
(
c) the driver’s license described in subclause (2)(a)(iii),
and to notify the school board to which the person provides the transportation
service as to any cancellation, alteration or expiry, in respect thereof.
(4) A school board shall file with the Board certificates of insurance in such forms as
are prescribed by the Board, signed by the insurers certifying that the motor vehicle
liability insurance as prescribed in clauses (1)(
a) and (2)(
b) has been effected in
respect of the vehicles to which subsections (1) and (2) apply, and containing
undertakings by the insurers that they will notify the Clerk of the Board in writing
of any cancellation, alteration or expiry of any insurance policy referred to in the
certificate at least 15 days before the effective date of the cancellation, alteration or
expiry, and that if such notice is not given, the policy shall, despite any provision
in the policy including any provision as to the term thereof, remain in full force and
effect and unaltered until 15 days after the date when a notice in writing of such
cancellation, alteration or expiry is given to the Clerk of the Board.
(5) A passenger vehicle, as defined in the Act, when operated as a licensed public
passenger vehicle and used as a school bus for extra-curricular or co-curricular
transportation, is exempt from the provisions of the Act and regulations respecting
school bus design and construction.
Commercial vehicle license
42B
(1) No person, either as principal or by an agent or employee, shall operate a
commercial van [vehicle] upon [a] highway within the Province without holding a
commercial vehicle license.
(2) The Board shall issue a commercial vehicle license to a person who meets all of
the following requirements:
(
a) the person submits an application in the form and containing the
information required by the Board;
(
b) the person satisfies the Board that the person, and the commercial vehicles
owned or operated by the person, meet the requirements of Sections 42C,
42D, 42E and 42H and the Board Motor Carrier Act Hours of Service
Regulations , including insurance and safety requirements;
(
c) the person pays the fee to operate a commercial vehicle as prescribed in the
Motor Carrier Fees Regulations made under the Act
(3) A commercial vehicle license holder shall notify the Board of any proposed change
in the information provided by the holder to the Board in the application referred to
in clause 2(a), at least 15 days prior to the change being made.
(4) Upon application by a commercial vehicle license holder in the manner prescribed
by the Board, the Board may amend a commercial vehicle license respecting
(
a) the number of vehicles; or
(
b) any change in the structure or organization of the holder, where the holder is
an entity other than an individual.
(5) At any time after a hearing upon such notice as the Board may direct, the Board
may suspend or cancel a commercial vehicle license for any of the following:
(
a) non-compliance with the terms of the license;
(
b) providing a service not consistent with that of a commercial vehicle;
(
c) non-compliance with the requirements of these regulations and the Board
Motor Carrier Act Hours of Service Regulations .
(6) A commercial vehicle license holder shall not operate a commercial vehicle at any
time that the holder does not meet the requirements of these regulations and the
Board Motor Carrier Act Hours of Service Regulations .
(7) No commercial vehicle license shall be sold, assigned, leased or transferred except
with the approval of the Board.
(8) No person, either as principal or by an agent or employee, shall operate any
commercial vehicle after the commercial vehicle license issued to the person has
been cancelled, or during any period of suspension of the commercial vehicle
license pursuant to subsection (5).
Operational and equipment requirements— owner or operator of a commercial vehicle
42C
(1) An owner or operator shall, for each commercial vehicle licensed to be operated by
them,
(
a) maintain insurance in accordance with
Section 25 of the Act and
Section
18;
(
b) equip the commercial vehicle with all of the following:
(
i) a portable fire extinguisher in accordance with clause 20(1)(a),
(ii) a unitized first aid kit in accordance with clause 20(1)(n), and
(iii) at least 3 triangular reflectors in accordance with clause 20(1)(p);
(
c) except as provided in clause (
d) for limousines, paint or otherwise firmly
apply or attach to both sides of the commercial vehicle, letters that are at
least 75 mm (3 in.) in height and in contrasting colours that show the name
and address of the owner or operator;
(
d) for a commercial vehicle that is a limousine that is listed in
Section 4 of the
List of Vehicles Admissible from the United States (CL9203(E)) published
by Transport Canada and administered by the Registrar of Imported
Vehicles under subsection 12(1) of the Motor Vehicle Safety Regulations
made under the Motor Vehicle Safety Act (Canada), the owner or operator is
required to paint or otherwise firmly apply or attach to the rear of the
limousine, letters that are at least 75 mm (3 in.) in height and in contrasting
colours that show the name and address of the owner or operator;
(
e) post a legible notice in the commercial vehicle that is visible to all
passengers, stating that seat belts are required by law to be worn by
passengers while travelling in a commercial vehicle;
(
f) post a legible notice in the commercial vehicle that is visible to all
passengers, forbidding smoking in the commercial vehicle;
(
g) maintain the equipment, markings and notices prescribed in clauses (
c) to (
f) so that they continue to meet the requirements of those clauses;
(
h) ensure that a driver of the commercial vehicle
(
i) holds a Class 4 driver’s license, or higher class of license, in
accordance with the Motor Vehicle Act , and
(ii) supplies the owner or operator with a certified copy of an abstract of
the driver’s operating record from the Registrar of Motor Vehicles,
before the driver is employed by the owner or operator and annually;
and
(
i) retain a certified copy of each driver’s abstract supplied to them on file at
the owner or operator’s principal place of business for inspection by an
inspector appointed under the Act.
(2) An owner or operator shall not permit any person to smoke in the commercial
vehicle.
(3) No person shall smoke in a commercial vehicle.
(4) Where an inspector considers it necessary, the inspector may make any reasonable
request of an owner or operator or its representative for assistance in fulfilling the
inspector’s duties pursuant to these regulations and the owner or operator or its
representative shall comply with the request.
(5) An owner or operator shall not carry or permit a driver of the commercial vehicle
to carry in the commercial vehicle
(
a) baggage or parcel express that would cause discomfort or inconvenience to
passengers or interfere with the safe operation of the vehicle; or
(
b) explosives, inflammable substances or any other dangerous articles except
for gasoline or other fuel that is used for the locomotive power of the
vehicle and is carried in a tank of the vehicle.
(6) It is a condition of every commercial vehicle license that the commercial vehicle
license holder shall allow an inspector to carry out inspections and examinations of
the records, books or documents required pursuant to this Section, Sections 42D,
42E and 42H and the Board Motor Carrier Act Hours of Service Regulations
respecting any vehicle or place to which the license relates.
(7) An owner or operator shall ensure that the records, books or documents required
pursuant to this Section, Sections 42D, 42E and 42H and the Board Motor Carrier
Act Hours of Service Regulations are readily available for inspection upon request
by an inspector.
(8) An owner or operator shall, at the request of an inspector, produce for inspection
any records, books or documents required pursuant to this Section, Sections 42D,
42E and 42H and the Board Motor Carrier Act Hours of Service Regulations .
(9) An inspector may, for the purpose of ensuring compliance with this Section,
Sections 42D, 42E and 42H, the Board Motor Carrier Act Hours of Service
Regulations and any order made pursuant to those Sections or the Board Motor
Carrier Act Hours of Service Regulations , do any of the following:
(
a) inspect, examine and investigate any records, books or documents required
by this Section, Sections 42D, 42E and 42H or the Board Motor Carrier Act
Hours of Service Regulations and remove them temporarily for the purpose
of making copies;
(
b) make any examination, investigation or inquiry that the inspector considers
necessary to ascertain whether there is compliance with this Section,
Sections 42D, 42E and 42H or the Board Motor Carrier Act Hours of
Service Regulations .
(10) An owner or operator shall, when requested by an inspector to act pursuant to these
regulations, give the inspector all reasonable assistance within its power to enable
the inspector to carry out the inspector’s duties.
(11) Nothing in this Section, Sections 42D, 42E and 42H and the Board Motor Carrier
Act Hours of Service Regulations precludes or exempts an owner or operator from
compliance with or performance of any other mandatory inspection required by
any other Act or regulations.
(12) An owner or operator shall ensure that a driver of the commercial vehicle does not
permit more passengers to be transported in the commercial vehicle than are
allowed by the manufacturer’s designated seating capacity or otherwise as may be
established by law.
(13) Despite Sections 42B, 42C, 42D, 42E and 42H and the Board Motor Carrier Act
Hours of Service Regulations , subclause (1)(b)(
i) and subsection 42E(1) do not
apply to an owner or operator who leases a rental vehicle.
(14) In addition to the record-keeping requirements in Sections 42B, 42C, 42D, 42E
and 42H and the Board Motor Carrier Act Hours of Service Regulations , an owner
or operator that leases a rental vehicle shall ensure that the driver of the rental
vehicle keeps a copy of the lease agreement in the driver’s possession at all times
while operating the rental vehicle.
Daily inspection requirements and reporting requirements for commercial vehicles
42D
(1) An owner or operator shall ensure that the driver of the commercial vehicle
inspects the commercial vehicle or causes it to be inspected daily prior to its first
trip of the day.
(2) Where a trip is a continuous trip involving more than one day, the daily inspection
shall take place no later than the first rest stop of each subsequent day.
(3) An inspection pursuant to subsection (1) shall include an inspection in accordance
with Schedules I and II of Appendix “A”.
(4) An owner or operator shall ensure that the person who inspects a commercial
vehicle pursuant to subsection (1) or (2) records, immediately upon completion of
the inspection, in an inspection report, which shall be completed in duplicate, any
safety-related defects in the items referred to in Schedules I and II of Appendix
“A”, and if none, indicates so in the report.
(5) An inspection report required by subsection (4) shall include the following
components:
(
a) the name of the owner or operator of the commercial vehicle;
(
b) the make of the commercial vehicle;
(
c) the number plate or unit number of the commercial vehicle;
(
d) a list of the items to be inspected as set out in Schedules I and II of
Appendix “A”; and
(
e) a remarks section.
(6) In addition to any defects noted in an inspection required by subsection (1) or (2),
the owner or operator shall ensure that the driver of the commercial vehicle, during
or at the end of the day of the inspection, records in the remarks
section of the
inspection report required by subsection (4) any defects the driver observed while
in charge of the vehicle during that day.
(7) Prior to operating a commercial vehicle, an owner or operator or its agent shall
effect repair of any defects listed in the inspection report for that commercial
vehicle that would be likely to affect the safe operation of the vehicle.
(8) An owner or operator shall ensure that a driver of the commercial vehicle does not
operate the commercial vehicle when any defects listed in the inspection report
would be likely to affect the safe operation of the vehicle.
(9) A person who repairs any defect in accordance with subsection (7) shall record in
the appropriate inspection report the date on which the repair is completed and
shall sign the entry in the report.
Inspection, repair and maintenance record requirements - owner or operator of a
commercial vehicle
42E
(1) An owner or operator shall maintain or cause to be maintained for each
commercial vehicle under the owner or operator’s control the following records:
(
a) an identification of the vehicle including company number, if the vehicle is
so marked, make, model, plate number, vehicle identification number, year
and tire size, and, if the vehicle is not owned by the owner or operator, the
name of the person furnishing the vehicle;
(
b) a means to indicate the nature and the due date of the various inspections
and maintenance operations to be performed;
(
c) a record of each inspection, repair, lubrication and maintenance operation
including the nature of the inspection, repair, lubrication or maintenance, the
date on which it occurred and the odometer reading on the date; and
(
d) a record of any modification involving axles or suspensions that affects a
manufacturer’s gross vehicle weight rating or gross axle weight rating.
(2) An owner or operator shall keep at the owner or operator’s principal place of
business the daily inspection report referred to in subsection 42D(5), as completed
by the driver, for a period of 3 months from the date on which the report is
completed.
42F [repealed]
42G [repealed]
Inspection, repair and maintenance standards - owner or operator of a commercial
vehicle
42H
(1) An owner or operator shall systematically inspect, repair and maintain or cause to
be systematically inspected, repaired and maintained all commercial vehicles
subject to its control and shall ensure that
(
a) parts and accessories are in safe and proper operating condition at all times
and comply with the Commercial vehicle Component Performance
Standards set forth in Appendix “C” and any applicable standards under the
Motor Vehicle Act ;
(
b) replacement parts are
(
i) designed for the particular application for which they are used,
(ii) properly installed, and
(iii) where practical, certified by a recognized standards testing
organization; and
(
c) each commercial vehicle is
(
i) properly lubricated in a manner that as a minimum conforms with the
manufacturer’s recommended frequency and procedure, and
(ii) free of oil and grease leaks.
(2) Every owner or operator shall retain all records required under this
Section at the
owner or operator’s principal place of business for a period of 2 years, and for
records relating to a vehicle that has left the owner or operator’s control, for a
period of 6 months after the vehicle has left the owner or operator’s control.
Conditions of carriage
43 The conditions of carriage of parcel express by a motor carrier on a public passenger
vehicle are prescribed in Appendix “X” and are deemed to be part of every contract of
carriage of parcel express by a motor carrier on a public passenger vehicle and shall be
contained or incorporated by reference in every express receipt relating to the carriage of
parcel express by a motor carrier on a public passenger vehicle.
44 Every motor carrier shall, at the time of acceptance of a shipment of parcel express for
transportation on a public passenger vehicle, issue or cause to be issued an express
receipt in accordance with these regulations.
45 Express receipts shall show the name of shipper, originating point of shipment, date of
shipment, name of consignee, delivery point of shipment, itemized statement of
shipment giving number of pieces or quantity of articles, contents of packages or
particulars of articles, value and gross weight of each commodity or article, and shall
contain or incorporate by reference, all the Conditions of Carriage set out in Appendix
“X”.
(1) Express receipts shall be issued in two or more copies.
(2) The original shall be delivered to the shipper and the copy of the receipt, referred
to as a shipping order, or in lieu thereof an expense bill or way-bill must be
retained by the carrier and shall be filed at the main office of the carrier for a
period of three years, subject to the inspection of the Board or its duly authorized
representative.
47 Every express receipt shall be signed by the motor carrier as being a correct itemized list
of packages or goods in the shipment.
48 An express receipt shall cover only goods received from one shipper, picked up at one
place, and consigned to one consignee at one destination and delivered at one place.
49 The shipping order or, in lieu thereof, an expense bill or way-bill or similar document
showing shipper’s name, point of origin, date of shipment, name of consignee,
destination, connecting carriers if any and itemized statement of shipment, must be in the
possession of the driver of a public passenger vehicle while the parcel express is being
carried thereon and is subject to inspection by any peace officer while the parcel express
is being transported.
Temporary operations
50 An application for a temporary authority pursuant to
Section 9 of the Act shall be in the
form required by the Board.
Exemptions
51 The following public passenger vehicles or classes of public passenger vehicles are
wholly exempt from the provisions of the Act and the regulations made under the Act:
(
a) public passenger vehicles from another province of Canada or from a state
of the United States of America carrying a party of tourists making tours of
Nova Scotia under contracts made outside the Province, provided all
passengers brought into the Province are taken out of the Province;
(
b) a public passenger vehicle, other than a school bus or a commercial vehicle,
that has a seating capacity of 8 passengers or less excluding the driver.
(c) [repealed]
51A Subject to
Section 42A, a public passenger vehicle, other than a convertible vehicle,
which is
(
a) a passenger car;
(
b) a multipurpose passenger vehicle of the 1994 model year or subsequent
model years;
(
c) a special transit facility of a designed seating capacity of 11 to 14
passengers;
(
d) a motor vehicle
(
i) owned and operated by a parent of a pupil for whom the
transportation service is provided, or
(ii) owned by a parent of a pupil or the pupil, and operated by the pupil,
that is only being operated for the purpose of providing transportation to
that pupil; or
(
e) a truck of the 1994 model year or subsequent model years,
when used as a school bus, is exempt from the Act and the regulations made under the
Act.
51B A commercial vehicle is exempt from the Act and the regulations made under the Act
except for
(
a) Section 2 and Sections 42B, 42C, 42D, 42E and 42H;
(
b) the provisions of the Governor in Council Public Passenger Motor Carrier
Act Regulations respecting commercial vehicles;
(
c) the provisions of the regulations respecting fees payable by motor carriers
made by the Governor in Council pursuant to subsection 26(1) of the Act;
(
d) Sections 32 to 38 of the Act;
(
e) the provisions of the Governor in Council Motor Carrier Act Hours of
Service Regulations respecting commercial vehicles; and
(
f) the provisions of the Board Motor Carrier Act Hours of Service
Regulations respecting commercial vehicles.
52 A motor carrier who operates a British made Double Decker Transit Bus as a public
passenger vehicle within an area in the Province that has been approved by the Registrar
of Motor Vehicles and by the Board, and the vehicle so operated, is exempted from these
regulations prescribing physical requirements and features that the public passenger
vehicle cannot meet without structural modifications and regulations with respect to
equipment and accessories that have not been installed in the vehicle.
53 The converted 1972 37.5 horsepower Massey Ferguson diesel farm tractor with a
homemade trailer built to resemble a dory operated by the Lunenburg Board of Trade
within the Town of Lunenburg as a public passenger vehicle is wholly exempt from the
provisions of the Act and regulations made under the Act.
54 The Cape Breton-Victoria Regional School Board may operate a four-wheel drive
vehicle as a public passenger vehicle to convey students from Meat Cove, Inverness
County, to and from schools operated by the Northside-Victoria District School Board
and the vehicle is exempted from
Section 12 of the Act,
Section 11, clauses (
d) and (
m) of subsection (1) of
Section 20 and Sections 25, 33 and 42 of these regulations.
(1) Subject to subsection (2), a motor carrier who operates an amphibious vehicle as a
public passenger vehicle within a municipality in the Province and who has been
authorized by the municipality, the Registry of Motor Vehicles and the Nova
Scotia Utility and Review Board to operate such a vehicle, is exempted from the
regulations prescribing structural requirements and features that the public
passenger vehicle cannot meet without modifications.
(2) An amphibious vehicle shall
(
a) be equipped to permit passengers to embark and disembark en route; and
(
b) be equipped with a windshield, windshield wiper and washer system which
conforms to the requirements of the Motor Vehicle Act and regulations.
________________________________________________________________
Appendix “A”—Daily Inspections
Schedule I: Outside Inspection
The outside of the commercial vehicle shall be inspected to ensure that
(
a) all lights and reflectors are equipped and functioning as required under the Motor Vehicle
Act and the regulations made thereunder;
(
b) wheels and fasteners are free of wheel or rim cracks and defective lock rings, and there
are no loose or missing fasteners;
(
c) tires have a minimum tread depth of 3.175 mm (4/32 in.), there are no flats, noticeable
leaks, visible bumps or bulges, bias and radial tires are not together on same axle, and no
tire has contact with any part of the vehicle or any other tire;
(
d) the fuel system has no visible leak at any point, there are no missing tank filler caps, and
its fuel tank is securely mounted;
(
e) the exhaust system has no audible leaks, missing or loose components, or insecure
mountings;
(
f) the suspension, springs, air bags and controlling attachments are free of any
(
i) cracked, broken, loose or missing axle positioning or fastening parts,
(ii) broken or missing spring leaves,
(iii) broken coil springs, or
(iv) deflated air suspension due to system failure;
(
g) the hydraulic brake fluid is at the correct level and is not visibly leaking;
(
h) the power steering fluid is at the correct level and is not visibly leaking; and
(
i) the mirrors are as required by the Motor Vehicle Act and the regulations made
thereunder, and are in good condition and able to be adjusted as intended.
Schedule II: Inside Inspection
The inside of the commercial vehicle shall be inspected to ensure that
(
a) the steering wheel is free of excessive play and looseness;
(
b) the brake pedal reserve is adequate and there is no fade;
(
c) the brake booster functions as intended;
(
d) the brake failure warning light functions as intended;
(
e) the brake air pressure or vacuum gauge functions as intended and there is adequate
reserve;
(
f) the low pressure or low vacuum warning signal functions as intended;
(
g) the windshield washers and wipers function as intended;
(
h) the windshield and windows afford the driver a clear view;
(
i) the mirrors are in good condition and able to be adjusted as intended;
(
j) the defroster and heater function as intended;
(
k) the horn functions as intended;
(
l) the driver and passenger seat belts and seat security function as intended;
(
m) the parking brake is adequate to hold the vehicle in a parked position on any grade; and
(
n) the emergency equipment as required by clause 42C(1)(
c) is in place.
________________________________________________________________
Appendix “B”— [repealed]
________________________________________________________________
Appendix “C”—Commercial Vehicle Component Performance Standards
General
1 Body, sheet metal and equipment:
(
a) no bumper, fender or mudguard shall have been removed;
(
b) each bumper shall be securely mounted;
(
c) each mud flap, where applicable, shall be in position;
(
d) no bumper, fender, molding or other part shall have a broken, bent or sharp
edge that protrudes so as to present a hazard to persons or vehicles;
(
e) no hood latch shall be missing or fail to hold the hood closed and no safety
catch, in the case of a front opening hood, shall be missing or inoperative;
(
f) the floor and step well covering shall not be cracked, curled, loose or worn
so as to present a tripping hazard;
(
g) each stanchion, grab handle, guard rail and guard panel shall be securely
mounted and no fastening part shall be missing;
(
h) where originally installed by the manufacturer, no energy-absorbing material
shall be missing from stanchions and guard rails or from the tops or sides of
seat backs;
(
i) every occupant seat shall be securely mounted and shall maintain its
position and adjustment;
(
j) where seat belts are required under the provisions of the Motor Vehicle
Safety Act (Canada), no seat belt assembly or anchorage shall have been
removed, rendered partly or wholly inoperative or modified so as to reduce
their effectiveness;
(
k) if fitted with a seat belt assembly or assemblies, each belt anchorage shall be
secure, each buckle and retractor shall operate as intended, and no belt
webbing shall have damage apparent on visual inspection that would reduce
its effectiveness;
(
l) if fitted, a driver’s sun visor shall function as intended;
(
m) in the case of a commercial vehicle other than a special transit facility or a
bus used for the purpose of transporting prisoners or other persons held in
custody, an emergency exit
(
i) consisting of a door, to which there shall be a clear passageway, shall
(
A) be located on an alternate side to the entrance of the vehicle,
(
B) have a release mechanism that, when actuated, functions from
inside the vehicle as well as from outside the vehicle, where
fitted with outside release, and
(
C) open freely and close securely,
(ii) consisting of a hinged push-out window shall be manually tested to
ensure that it opens outward when the release mechanism is actuated,
and adequate direction for its use shall be displayed on or adjacent to
it, or
(iii) consisting of a roof hatch shall open outward when the release
mechanism is actuated and a reasonable amount of manual force is
applied, and adequate direction for its use shall be displayed on or
adjacent to it,
and the emergency exit’s audible or visible warning device, if originally
fitted, shall function properly;
(
n) each overhead package shelf, if fitted, shall be securely mounted and shall
not have any broken, missing, excessively worn or excessively stretched
package retaining components;
(
o) in the case of a commercial vehicle that is a special transit facility,
(
i) if fitted with wheelchair securement devices, each device anchorage
shall be secure, each component part shall operate as intended and no
component part shall have damage apparent on visual inspection that
would reduce its effectiveness,
(ii) if fitted with occupant restraint assemblies, each component part shall
operate as intended and no component part shall have damage
apparent on visual inspection that would reduce its effectiveness,
(iii) if fitted with occupant restraint assemblies anchored to the vehicle,
each restraint assembly anchorage shall be secured,
(iv) all devices used to secure passenger access or emergency exit doors
in the open position shall operate as intended and shall have no
damage apparent on visual inspection that would reduce their
effectiveness,
(
v) if fitted with an emergency exit door, the door shall have no fixed
obstructions blocking the passage of persons or, in the case of a
vehicle used for the transportation of persons in wheelchairs,
blocking the passage of wheelchairs, and the door release mechanism
shall function from inside and outside the vehicle,
(vi) if fitted with a ramp or power lift, the means of attachment of the
ramp or power lift to the vehicle shall be secure with no fastening
parts missing and when the ramp or power lift is in the stored
position it shall be secured by means other than a support or lug in
the door in such a manner as to pose no potential hazard to occupants
of the vehicle,
(vii) no plate, cover or energy-absorbing material required to protect
persons from sharp edges or corners shall be missing, worn or
damaged so as to reduce its effectiveness,
(viii) as a minimum, the vehicle shall meet the requirements of CSA
D409-92, Motor Vehicles for the Transportation of Persons with
Physical Disabilities, as amended.
2 Occupant compartment door:
(
a) each occupant compartment door shall open freely when its release
mechanism is actuated and shall close securely and the flexible material on
closing edges, where originally fitted, shall not be missing or excessively
loose or torn;
(
b) in the case of a vehicle having a separate exit door other than a door to be
used only in an emergency,
(
i) when the driver’s door control is in the closed position and the exit
door is fully closed, the door shall not open when a moderate amount
of manual force is applied in an attempt to open it and the audible or
visible warning device, if fitted, shall function properly,
(ii) when the driver’s door control is in the position to open the exit door,
the brake and accelerator interlock systems, if fitted, shall
automatically apply the rear brakes and hold them in the applied
position and the engine speed will be prevented from exceeding idle
speed until the door control is moved to the closed position and the
door has been closed, and
(iii) if the exit door is fitted with sensitive edges, when the door is not
fully closed
(
A) manual pressure applied to each sensitive edge shall cause the
door to reopen,
(
B) the audible or visual warning device, if fitted, shall function
properly,
(
C) the brake and accelerator interlock systems, if fitted, shall
automatically apply the rear brakes and hold them in the
applied position, and
(
D) the engine speed shall be prevented from exceeding idle speed
until the door control is moved to the closed position and the
door has closed.
3 Exterior compartment door: each exterior compartment door shall
(
a) be securely attached to the body;
(
b) function properly; and
(
c) be equipped with a lock, latch or spring device that shall hold it closed.
4 Chassis frame, underbody and body mounts:
(
a) no chassis frame member or structural member of a unitized or monocoque
body shall be visibly cracked or perforated by corrosion, or have loose or
missing connecting fasteners that may degrade the safety of the vehicle or
jeopardize its handling characteristics;
(
b) the underbody shall not be visibly perforated by rust or otherwise damaged
or have any opening other than those intended by the manufacturer.
5 Drive shaft hanger brackets and guards:
(
a) no fasteners shall be missing, loose or damaged;
(
b) no drive shaft guard or hanger bracket shall be insecure or missing.
6 Mirrors:
(
a) no mirror prescribed by or under the Motor Vehicle Act shall be missing;
(
b) each mirror shall be securely mounted and maintain a set adjustment;
(
c) no mirror shall be cracked, broken or have any significant reduction in
reflecting surface owing to deterioration of the silvering;
(
d) in the case of a vehicle where there is no rear window or where the view
through the rear window is restricted in such a way as not to afford the
driver a clear view to the rear of the vehicle, the outside rearview mirror or
mirrors shall not be missing.
7 Windshield and windows:
(
a) where glass is used, there shall be no evidence of its being other than safety
glass;
(
b) any manufacturer’s marking
(
i) on the windshield shall be AS1 or AS10,
(ii) on the side and rear windows at levels requisite for driving visibility
shall be AS1, AS2, AS4, AS6, AS10 or AS11, and
(iii) on windows for standing passengers in interior partitions or in
openings in the roof shall be AS1, AS2, AS3, AS4, AS5, AS6, AS7,
AS10, AS11, AS12 or AS13;
(
c) no material that obstructs the driver’s view of the highway or of an
intersecting highway shall be fitted in the windshield opening or in a side
window opening to the left or right of the driver’s seat;
(
d) no material other than safety glass shall be used for a windshield;
(
e) no safety glass in the windshield or in any side window to the left or right of
the driver’s seat shall be scratched, cracked, clouded or fogged so as to
materially impair vision;
(
f) no safety glass shall have exposed sharp edges or be missing in part;
(
g) banding on exposed edges of safety glass, if originally fitted, shall not be
missing, loose or broken;
(
h) there shall be no star, stone chip or crack in the area of the windshield swept
by the driver’s wiper blade that may interfere with the driver’s vision;
(
i) any window to the left of the driver’s seat that is suitable for the purpose of
permitting a signal by means of the hand or arm shall open readily.
8 Fuel system:
(
a) no mounting or attachment shall be missing or insecure;
(
b) no filler cap shall be missing or insecure;
(
c) no leakage shall occur at any point in the fuel system;
(
d) in addition to clauses (
a) to (c), all pressurized fuel systems shall meet
Canadian Gas Association (CGA) Standards.
9 Exhaust system (including manifolds):
(
a) no exhaust pipe, muffler or tail pipe shall be missing or insecurely mounted;
(
b) no leakage shall occur at any point in the exhaust system except through
drain holes provided by the manufacturer;
(
c) no component shall be so located as to cause charring or other heat damage
to any wiring, fuel line, brake line or combustible material of the vehicle;
(
d) no component shall pass through the occupant compartment;
(
e) no component shall be so located or unguarded that an individual may be
burned by it on entering or leaving the vehicle;
(
f) no exhaust system shall be shortened or modified from original equipment
so as to fail to direct the exhaust beyond the underbody of the occupant
compartment or luggage compartment and in no case shall the distance
between the outlet and periphery of the underbody past which it directs the
exhaust exceed 15 cm.
Brakes
(1) Hydraulic, vacuum and air system components (including reservoirs, fittings,
valves, supports, hose clamps, connections, air chambers, air cleaners, hoses and
tubes):
(
a) with vacuum hydraulic or air boost systems fully charged there shall be no
hydraulic or vacuum leak in the service brake system while the service
brakes are fully applied or released;
(
b) no hydraulic, air or vacuum hose or tube shall be abraded, restricted,
crimped, cracked, broken, disconnected or be so located as to chafe against
any part of the vehicle or have damaged or missing clamps or supports;
(
c) the brake tubing shall not show any indication of leakage or heavy corrosion
scaling;
(
d) the hydraulic fluid level in any reservoir shall not be below the minimum
level as specified by the manufacturer or, where no specification is given by
the manufacturer, no more than 10 mm (0.394 in.) below the lowest edge of
each filler opening;
(
e) the air cleaner of the vacuum system or air compressor shall not be clogged.
(2) Mechanical components: mechanical components of the service, parking and
emergency brake systems shall not be misaligned, insecure, excessively worn,
broken, binding, seized, missing, frayed or disconnected.
(3) Hydraulic system and related warning devices:
(
a) a hydraulic master cylinder push rod shall be properly adjusted;
(
b) in the case of a vehicle equipped with dual circuit hydraulic brakes, the
brake failure warning lamp shall be operative;
(
c) with moderate foot force maintained on the service brake pedal for 10
seconds and, in the case of power-boosted brakes, with the engine running
(
i) the total pedal travel shall not exceed 80% of the total available
travel, and
(ii) on a vehicle equipped with dual circuit hydraulic brakes, the brake
failure warning lamp shall not come on;
(
d) with heavy foot force applied to the service brake pedal and, in the case of
power-boosted brakes, with the engine running
(
i) the total pedal travel shall not exceed 80% of the total available
travel, and
(ii) on a vehicle equipped with dual circuit hydraulic brakes, the brake
failure warning lamp shall not come on;
(
e) despite clause (d), where a commercial vehicle is equipped with a HYDRA
BOOST braking system, the foot force applied to the pedal shall not exceed
266.89 N (60 lbf).
(4) Power-boosted hydraulic brakes:
(
a) in the case of a vehicle equipped with power-boosted hydraulic brakes, after
the engine has been stopped and the vacuum boost has been depleted,
holding moderate pressure on the service brake pedal and starting the engine
shall result in the pedal moving towards the applied position;
(
b) in the case of a vehicle equipped with hydraulically-boosted hydraulic
brakes and electrically-driven hydraulic pump for the reserve power system,
after the engine has been stopped and the hydraulic boost has been depleted,
holding moderate pressure on the service brake pedal while moving the
ignition switch to the “ON” position shall cause the pump to start.
(5) Vacuum gauge and low vacuum warning device:
(
a) the vacuum gauge shall be operative;
(
b) with engine stopped, the warning device shall operate before the vacuum
reserve drops to less than 27.0148 kPa (8 in. of mercury) or, if no vacuum
gauge is fitted, there shall be at least one boosted brake application available
after the warning device operates.
(6) Parking brake:
(
a) the parking brake, while set in the fully applied position and not held by
foot or hand force or by hydraulic or air pressure, shall hold the vehicle
stationary against the engine at a light throttle setting for a few seconds both
in reverse gear and in low forward gear;
(
b) the parking brake shall fully release when the release control is operated.
(7) Emergency brake system:
(
a) the emergency brakes, while set in the fully applied position with the
transmission in a low forward gear shall hold the vehicle stationary against
the engine at a light throttle setting for a few seconds;
(
b) there shall be reserve travel available beyond the full brake application
position;
(
c) the emergency brakes shall fully release when the release control is
operated.
(8) Service brakes: the service brakes shall be properly adjusted.
Engine controls and steering
(1) Engine controls:
(
a) the engine speed shall drop to idle when the accelerator pedal is released;
(
b) if the engine is equipped with an emergency stopping device, the engine
shall stop when the control is actuated while the engine is idling.
(2) Power-boosted steering:
(
a) the power steering drive belt shall not be missing, cut, frayed or excessively
worn and shall have correct tension;
(
b) the fluid in the power steering reservoir shall not be lower than the
minimum level specified by the vehicle manufacturer;
(
c) with the engine running,
(
i) the power steering shall operate as intended, and
(ii) the hydraulic system shall not show excessive play.
(3) Steering column and box:
(
a) the steering column and box or boxes shall not be loose in their mounting to
the body frame;
(
b) no bolt or nut shall be loose or missing from a mounting;
(
c) steering shaft couplings and spines shall not have excessive play;
(
d) upon visual inspection the steering column energy-absorbing section, if
fitted, shall not appear damaged so as to reduce its effectiveness.
(4) Wheel alignment: while all wheels are on the ground and the front wheels are in a
straight-ahead position, they shall not be visibly out of alignment.
(5) Steering linkage:
(
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, free movement of the steering wheel rim, with no
movement of the front wheels, shall not exceed
(
i) the limit designated by the vehicle manufacturer, or
(ii) in the case where the limit is not designated, 30°, or
(iii) the maximum limits set forth in the following table:
Diameter
Manual system
Power system
41 cm (16.4 in.)
5 cm (2 in.)
11 cm (4.4 in.)
46 cm (18.4 in.)
6 cm (2.4 in.)
12 cm (4.8 in.)
51 cm (20.4 in.)
6 cm (2.4 in.)
13 cm (5.2 in.)
56 cm (22.4 in.)
7 cm (2.8 in.)
15 cm (6 in.)
(
b) there shall be no play in a steering linkage joint in excess of the limit
designated by the vehicle manufacturer, or in the case where the limit is not
designated, 30°;
(
c) while the front wheels are on the ground and, in the case of a vehicle
equipped with power-boosted steering, with the engine running the front
wheels shall turn from full right to full left and back again without
interference or indication of roughness in the mechanism;
(
d) while the front wheels are off the ground and the vehicle is supported so
that the steering linkage assumes its normal attitude, without movement of
the opposite wheel, no front wheel shall have play about a vertical axis of
(i) 6 mm (0.236 in.) for a tire diameter designation of 400 mm (16 in.)
or less,
(ii) 9 mm (0.354 in.) for a tire diameter designation that is larger than
400 mm (16 in.) but not larger than 450 mm (18 in.), or
(iii) 12 mm (0.472 in.) for a tire diameter designation that is larger than
450 mm (18 in.) as measured at the extreme front or rear of the tire
tread face;
(
e) no part of the steering linkage system shall be damaged, repaired or
modified so as to weaken the linkage system or affect the proper steering of
the vehicle;
(
f) no nut, bolt or cotter pin shall be loose, excessively worn or missing.
Suspension
(1) General:
While the wheels of the vehicle are off the ground so that the suspension joints are
not under load,
(
a) no non-load carrying ball joint shall show any perceptible play other than
that specified by the manufacturer;
(
b) no load-carrying ball joint shall have play in excess of that specified by the
vehicle manufacturer;
(
c) in the case of king pins, no front wheel shall have a rocking play about a
horizontal axis in excess of
(i) 6 mm (0.236 in.) for a tire diameter designation of 400 mm (16 in.)
or less,
(ii) 9 mm (0.354 in.) for a tire diameter designation that is larger than
400 mm (16 in.) but not larger than 450 mm (18 in.), or
(iii) 12 mm (0.472 in.) for a tire diameter designation that is larger than
450 mm (18 in.), as measured at the extreme top or bottom of the tire
tread face;
(
d) no control arm inner pivot shall have excessive play;
(
e) no wheel or axle bearing shall give any indication of excessive wear or
damage when the bearing is rotated;
(
f) no wheel or axle bearing shall be maladjusted so as to result in excess play
or binding;
(
g) wear-indicating ball joints while under load with the wheels on the ground
shall show no excessive wear;
(
h) front and rear springs, shackles, U-bolts, centre bolts, radius rods, control
arms, shock absorbers, equalizers and stabilizers and their supports and
attachments shall not be loose, bent, cracked, broken, disconnected,
perforated by corrosion or missing;
(
i) the rear axle or axles and their wheels shall not be tracking improperly so as
to adversely affect control of the vehicle.
Electrical components
(1) Horn:
(
a) the horn shall not be loose on its mounting;
(
b) the horn shall function properly.
(2) Windshield washer and wiper systems:
(
a) the windshield washer system shall function properly;
(
b) each wiper arm and blade assembly shall sweep the area intended by the
vehicle manufacturer;
(
c) no part of the windshield wiper system shall be missing, badly worn or
deteriorated so as to impair its effectiveness.
(3) Heating and defrosting systems:
(
a) the heating system shall function as intended;
(
b) the visible portions of the hoses and piping for the interior heaters routed
within the occupant compartment shall not be abraded, cracked or leaking;
(
c) the defrosting system shall deliver heated air to the windshield and, where
fitted, to the side windows to the left and right of the driver’s seat.
(4) Neutral safety starting switch:
(
a) the neutral safety starting switch shall not have been removed;
(
b) the starter shall operate only with the gear selector or transmission in park
(“P”) or neutral (“N”).
(5) Speedometer: the speedometer shall be in good working order.
(6) Lamps and reflectors:
(
a) each circuit shall light the filaments of all lamps on that circuit when the
appropriate switch is in the “ON” position, and each indicator lamp shall
operate correctly;
(
b) the operation of any lighting circuit shall not interfere with the operation of
any other circuit;
(
c) each lens and reflex reflector shall be correctly installed and shall not be
discolored or missing in whole or in part;
(
d) each lamp and reflector shall be securely mounted on the vehicle and none
shall be missing;
(
e) the turn signal lamps and the flasher unit shall operate properly;
(
f) in the case of a commercial vehicle that is a special transit facility,
(
i) all interior lamps, including step well lamps, shall light when the
appropriate switch is in the “ON” position, and
(ii) the lights provided to illuminate the loading equipment and step
nosings shall light when the appropriate switch is in the “ON”
position or when the doors are opened;
(
g) no headlamp shall be coated with a coloured lacquer;
(
h) no headlamp shall be modified by the attachment to the lamp or to the
vehicle of any device that reduces the effective area of the lens or the
brightness of the light;
(
i) each headlamp shutter or retracting headlamp shall operate over the full
range of movement or shall be secured in the fully open position;
(
j) all headlamps shall be properly aligned.
Tires and wheels
(1) In this Section, “construction type” means a type of tire carcass such as bias ply,
belted bias ply or radial ply but does not include variations in tread pattern or in
cord material such as rayon, polyester and nylon used in building a tire carcass.
(2) Tires:
(
a) all tire pressures shall be maintained to manufacturer’s specifications;
(
b) no tire shall be worn to the extent that
(
i) the tread wear indicators contact the road, or
(ii) the tread is worn to the point where less than 3.175 mm (4/32 in.) of
tread groove depth remains at each point at which gauge readings are
obtained,
(
c) in addition to subclause (b)(ii), no tire shall show any indication of siping;
(
d) no tire shall have exposed cord;
(
e) no tire shall have tread or sidewall cuts or snags deep enough to expose the
cords;
(
f) no tire shall have any abnormal visible bump, bulge, or knot;
(
g) no tire shall have been regrooved or recut below the original new tire
groove depth, other than a tire specifically designed for recutting and
marked as being so designed;
(
h) no front tire shall have been altered by the addition of material to produce a
new tread surface;
(
i) no tire shall be of a smaller size than the vehicle manufacturer’s specified
minimum size or be sufficiently oversized to contact any vehicle
component;
(
j) except for a vehicle fitted with dual rear tires, no mixture of construction
types consisting of radial ply tires on the front and bias ply or belted-bias ply
tires on the rear shall be fitted;
(
k) no mixture consisting of 60-series or 50-series tires on the front and other
series tires on the rear shall be fitted;
(
l) no combination of construction types or sizes, except where stated to be
equivalent by tire industry standards, shall be fitted on an axle;
(
m) tires in a dual tire set shall not be in contact with each other or differ from
each other in overall diameter by more than 13 mm (0.512 in.) or in
circumference by more than 88 mm (3.465 in.);
(
n) no vehicle shall 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 is not designed for highway use, or
(ii) bears the letters “NHS”, “ML”, “MH”, “ST” or “HC” after the tire
designation.
(3) Wheels:
(
a) no wheel stud, bolt, clamp, nut or lug shall be loose, missing, damaged,
broken, mismatched or have insufficient thread engagement;
(
b) no disc wheel assembly shall
(
i) have any visible crack, elongated bolt hole or indication of repair by
welding, or
(ii) be so bent or damaged as to affect the safe operation of the vehicle;
(
c) no wheel rim or lock ring shall be mismatched, bent, sprung, or otherwise
damaged so as to affect the safe operation of the vehicle;
(
d) no cast wheel shall show evidence of excessive wear in the clamp area;
(
e) no wheel spoke shall be missing, loose or broken.
15 Number plates: no number plate shall be missing, damaged, faded, discolo[u]red or
have paint removed so as to impair readability.
________________________________________________________________
Appendix “X”—Conditions of Carriage of Parcel Express
1 Every agreement entered into between the shipper and the carrier shall extend to and be
binding upon the shipper and all persons in privity with him claiming or asserting any
right to the ownership or possession of the shipment, and the benefit of every such
agreement shall insure [enure] to every person or carrier to whom the shipment may be
delivered for the performance of any act or duty in respect thereof, or in whose custody
or charge the same may lawfully be, or on whose vehicles the same is being carried
under the agreement, and shall apply to any reconsignment or return thereof.
2 The carrier of any of the goods herein described shall be liable for any loss thereof or
damage thereto, except as hereinafter provided.
3 The liability of the carrier upon any shipment is limited to the value declared by the
shipper and embodied in the agreement, but in no case shall the liability exceed the
actual value of the shipment at the time of the receipt thereof by the carrier, including
express and other charges, if paid, and duty payable or paid and not refunded. The
liability of the carrier in respect of any one shipment shall not exceed fifty dollars, unless
a greater value is declared by the shipper and paid for at the time of shipping, but in no
case shall the liability exceed the actual value of the shipment.
4 Money, specie, completely signed and executed bonds, coupons, bank notes, and
negotiable paper or incompletely executed legal tender and bank notes, jewellery and
precious stones shall not be included with shipment of ordinary freight, and if so packed,
the carrier shall not be responsible for loss or damage to such goods.
5 The carrier shall not be liable for
(
a) differences in weight or quantity caused by shrinkage, leakage, or evaporation, or
for loss or damage occurring after forty-eight hours (exclusive of legal holidays)
after notice of the arrival of the shipment at destination, or at point of delivery, has
been mailed to the address of the consignee, unless in either case such loss or
damage is caused by the negligence of the carrier;
(
b) any loss, damage or delay caused by
an act of God, riots, strikes, defect, or inherent
vice in the goods, or the Queen’s enemies, the authority of the law, quarantine, act
or default of the shipper or owner;
(
c) any loss or damage caused by delay or by injury to, or loss or destruction of the
shipment, or any part thereof, from conditions beyond the control of the carrier
unless such loss or damage is caused by the negligence of the carrier upon whose
motor vehicle or property the shipment was at the time such loss or damage
occurred;
(
d) any loss or damage occurring in customs warehouse;
(
e) any loss or damage, or delay resulting from improper or insufficient packing,
securing, or addressing or from chafing when packed in bales;
(
f) any loss or damage, if the provisions of
Section 4 be violated in whole or in part;
(
g) any damage to or loss of any fragile articles or to shipments consisting wholly or in
part of or contained in glass, unless so described upon the package containing the
same, unless such damage or loss is due to the negligence of the carrier, his agents
or employees;
(
h) any loss or damage from delays beyond his control, or caused by the refusal of any
railway stage or other transportation line to receive or forward the said property
owing to any unusual or unforeseen movement of or interference with traffic;
(
i) any loss or damage in any way, arising out of the examination by or partial delivery
to the consignee of C.O.D. shipments;
(
j) any loss or damage to shipments arising from the conditions of such, or from their
nature, or propensities, or for delay, injury to, or loss of such, unless such delay,
injury, or loss is caused by the negligence of the carrier;
(
k) any loss or damage occurring to the shipments addressed to points where there is
no agent of the carrier after such shipments have been left at such place;
(
l) non-delivery or loss or destruction of the shipment unless written notice thereof is
given at any office of the carrier within thirty days after the time delivery should in
the ordinary course of transit, have been made;
(
m) any damage, partial loss, or shortage, unless written notice thereof is given at any
office of the carrier within thirty days after delivery.
6 Duty and customs-house expenses shall be guaranteed by the shipper.
7 Conditions as to delivery:
(
a) at points where the carrier has delivery services, tender of the shipment for delivery
to the consignee shall be made at the address given, if within such delivery limits;
(
b) where there is no delivery service, the carrier shall forthwith notify the consignee at
the address given of the arrival of the shipment;
(
c) the carrier shall not be held liable to delivery to addresses outside delivery limits;
(
d) if a carrier has not an office at the place to which the shipment is addressed, then,
unless otherwise routed, the carrier only agrees to carry the same and deliver the
shipment to any connecting carrier for furtherance to destination.
8 If any sum of money, other than the charges for transportation, is to be collected from the
consignee upon the delivery of the shipment, and the same is not paid within ten days,
the carrier may return the same and collect the charges for transportation both ways, and
the liability of the carrier shall be that of warehouseman only while the shipment remains
in his possession for the purpose of making collection.
9 Any alteration, addition or erasure in this express receipt shall be signed or initialled in
the margin by an agent of the carrier issuing the same and, if not so signed or initialled
shall be without effect, and this express receipt shall be enforceable according to its
original tenor.
________________________________________________________________
[Forms]
Form A [repealed]
Form B [repealed]
Form C [repealed]
Form D [repealed]
Form E [repealed]
Form F [repealed]
Form G [repealed]
Form H [repealed]
Form I [repealed]
Form J [repealed]
Form K [repealed]
Form L [repealed]
Legislative History
Reference Tables
Board Public Passenger Motor Carrier Act Regulations
N.S. Reg.
283/1992
Motor Carrier Act
Note: The
information in these tables does not form part of the regulations and is
compiled by the Office of the Registrar of Regulations for reference only.
Source Law
The current consolidation of the Board Public Passenger Motor Carrier Act Regulations made
under the Motor Carrier Act includes all of the following regulations:
N.S.
Regulation
In force
date*
How in force
Royal Gazette
Part II Issue
283/1992
Jan 1, 1993
date specified
Jan 8, 1993
141/1995
Sep 6,
1995 1
date approved
Sep
19, 1995
27/1996
Feb
13, 1996
date approved
Mar 1,
64/1996
Apr 2,
date approved
Apr
26, 1996
72/1996
Apr
11, 1996
date
approved
Apr
26, 1996
53/1997
May
27, 1997
date approved
Jun
20, 1997
13/1998
Feb
11, 1998
date
approved
Feb
27, 1998
52/1999
May
19, 1999
date approved
Jun 4,
153/2002
Jan 1,
date
specified
Jan
10, 2003
413/2007
Oct
30, 2007
date
specified
Nov
23, 2007
30/2009
Feb
10, 2009
date
specified
Feb
27, 2009
342/2013
Dec
20, 2013
date
specified
Jan
10, 2014
333/2022
Jan 1,
date
specified
Dec
30, 2022
The following regulations are not yet in force and are
not included in the current consolidation:
N.S.
Regulation
In force
date*
How in force
Royal Gazette
Part II Issue
*See subsection 3(6) of the Regulations Act for
rules about in force dates of regulations.
Amendments by Provision
ad. = added
am. = amended
fc. = fee change
ra. = reassigned
rep. = repealed
rs . = repealed and substituted
Provision affected
How affected
2 ........................................................
rs . 153/2002; am. 333/2022 (clause lettering removed)
2, defn . of “convertible
vehicle” .
ad. 27/1996
2, defn . of “driver” ......................
am. 333/2022
2, defn . of “motor
vehicle” .........
ad. 27/1996
2, defn . of “multipurpose
passenger vehicle” ....................................
ad. 27/1996
2, defn . of “owner or
operator” ...
am. 333/2022
2, defn . of “parent” ......................
ad. 27/1996
2, defn . of “passenger
car” ..........
ad. 27/1996
2, defn . of “person with a
physical disability” .................................
ad. 27/1996
2, defn . of “special
transit facility” ..................................................
ad. 27/1996
2, defn . of “truck” .......................
ad. 13/1998
3(5)-(7) .............................................
rep. 413/2007
4(4) ...................................................
rep. 413/2007
5(b)(ii) ..............................................
am. 413/2007
6(g) ...................................................
ad. 413/2007
12(4) .................................................
am. 413/2007
15 ......................................................
rs . 413/2007
18(1) .................................................
am. 30/2009
18(2)(a)-(b) .......................................
am. 141/1995
18(4)-(5) ...........................................
rep. 413/2007
19(3) .................................................
rs . 413/2007
19(4)-(5) ...........................................
ad. 413/2007
20(1)(a) .............................................
rs . 413/2007
20(1)(b) .............................................
am. 413/2007
20(1)(c) .............................................
rep. 413/2007
20(1)(n) .............................................
rs . 153/2002, 413/2007
20(1)(o) .............................................
rep. 413/2007
20(1)(p)-(q) .......................................
rs . 413/2007
22(h) .................................................
ad. 413/2007
24A ...................................................
ad. 413/2007
25(1)-(2) ...........................................
rs . 413/2007
32 ......................................................
rs . 413/2007
38 ......................................................
am. 413/2007
40 ......................................................
rep. 413/2007
42(4)(d)-(e) .......................................
am.
64/1996
42A ...................................................
ad. 27/1996 ; rs . 53/1997
42A(1)(a)(i) .................................
rs . 72/1996
42A(1)(b)(i) .................................
rs . 72/1996
42A(1)(f) .....................................
am. 13/1998
42A(2)(a)(vi) ...............................
am. 13/1998
42B ...................................................
ad. 153/2002
42 B( 1) .........................................
rs . 413/2007
42 B( 2) .........................................
rs . 413/2007
42B(2)(b) .....................................
am. 333/2022
42 B( 5) .........................................
rs . 342/2013
42B(5)(c) .....................................
am. 333/2022
42 B( 6) .........................................
am. 333/2022
42C ...................................................
ad. 153/2002
42 C( 1) .........................................
rs . 413/2007
42 C( 6)-(8) ...................................
am. 333/2022
42 C( 9) .........................................
rs . 333/2022
42 C( 11) .......................................
am. 333/2022
42 C( 13)-(14) ...............................
am. 333/2022
42D-42E ...........................................
ad. 153/2002
42F ....................................................
ad. 153/2002 ; rep. 333/2022
42 F( 9) ..........................................
am. 413/2007
42G ...................................................
ad. 153/2002 ; rep. 333/2022
42H ...................................................
ad. 153/2002
50 ......................................................
am. 413/2007
51(b) .................................................
rs . 153/2002
51(c) .................................................
rep. 27/1996
51(d) .................................................
rs . 53/1997
51A ...................................................
ad. 27/1996
51A(c) .........................................
am. 13/1998
51A(d) .........................................
rs . 53/1997; am. 13/1998
51A(e) .........................................
ad. 13/1998
51B ...................................................
ad. 153/2002
51B(a) ..........................................
rs . 342/2013; am. 333/2022
51B(c) ..........................................
am. 333/2022
51B(e)-(f) ....................................
ad. 333/2022
54 ......................................................
am. 413/2007
55 ......................................................
ad. 52/1999
Appendix “A” ...................................
ad. 153/2002
Appendix “B” ...................................
ad. 153/2002 ; rep. 333/2022
Appendix “C” ...................................
ad. 153/2002
Forms “A” -“ I” ..................................
rep. 413/2007
Forms “J” -“ K” ..................................
ad. 53/1997 ; rep. 413/2007
Form “L” ..........................................
ad. 153/2002 ; rep. 413/2007
“ commercial van” replaced
throughout with “commercial vehicle” ............
am. 413/2007
“ commuter van” replaced
throughout with “commuter vehicle” ...............
am. 413/2007
“ courtesy van” replaced
throughout with “courtesy vehicle” ..........................
am. 413/2007
“ rental van” replaced
throughout with “rental vehicle” ..............................
am. 413/2007
Note that changes to headings are not
included in the above table.
Editorial Notes and Corrections:
Note
Effective
date
The Board order for N.S. Reg. 141/1995 specifies an
effective date of July 1, 1995, but the order did not receive O.I.C. approval
until