Board Public Passenger Motor Carrier Act Regulations; Governor in Council Public Passenger Motor Carrier Act Regulations; Motor Carrier Fees Regulations

N.S. Reg. 153/2002

Nova Scotia — Gazette

© N. S. Registry of Regulations. Web version. 1

Part II Regulations under the Regulations Act Printed by the Queen's Printer Halifax, Nova Scotia Vol. 27, No. 1 January 10, 2003 Contents Act Reg. No. Page Agriculture and Rural Credit Act N o v a S c o t i a F a r m L o a n B o a r d R e g u l a t i o n s - a m e n d m e n t..........................161/2002 72 Atlantic Blue Cross Care Inc.

Act Proclamation, S. 12, S.N.S. 2002, c. 26 ........................................ 158/2002 69 Boxing Authority Act B o x i n g A u t h o r i t y R e g u l a t i o n s ............................................... 155/2002 38 Costs and Fees Act F e e s a n d A l l o w a n c e s R e g u l a t i o n s - a m e n d m e n t .................................157/2002 66 Education Act Governor in Council Education Act Regulations - amendment ..................... 154/2002 37 Fire Prevention Act F u e l S a f e t y R e g u l a t i o n s - a m e n d m e n t ......................................... 165/2002 152 Forests Act W i l d l i f e H a b i t a t a n d W a t e r c o u r s e s P r o t e c t i o n R e g u l a t i o n s - a m e n d m e n t .............166/2002 156 Land Registration Act L a n d R e g i s t r a t i o n G e n e r a l R e g u l a t i o n s........................................ 157/2002 66 Proclamation, S. 128(1), S.N.S. 2001, c. 6 - except S. 21(4), S. 31(4), S. 39 and S. 119(3) ...................................................... 156/2002 65 Motor Carrier Act Board Public Passenger Motor Carrier Act Regulations - amendment; Governor in Council Public Passenger Motor Carrier Act Regulations - amendment; M o t o r C a r r i e r F e e s R e g u l a t i o n s.............................................. 153/2002 3 Motor Vehicle Act Veterans’ Number Plates Regulations; D o c u m e n t s a n d S e r v i c e s F e e s - a m e n d m e n t .................................... 163/2002 74

2 © N. S. Registry of Regulations. Web version. Table of Contents Royal Gazette

Part II - Regulations January 10, 2003 Pension Benefits Act P e n s i o n B e n e f i t s R e g u l a t i o n s ............................................... 164/2002 77 Volunteer Fire Services Act Proclamation, S. 10, S.N.S. 2002, c. 13 ........................................ 159/2002 70 V o l u n t e e r F i r e S e r v i c e s R e g u l a t i o n s .......................................... 160/2002 71 Volunteer Protection Act Proclamation, s. 6, S.N.S. 2002, c. 14 ......................................... 162/2002 73 Errata Volume 26, No. 26 dated December 27, 2002, contains lettering errors on page

Section 1, clauses (

e) to (

g) should have been lettered (

a) to (

c) and the clause added after clause (

c) should have been lettered (

d) instead of (h). NOW AVAILABLE The first issue of the 2003 subscription year of the Folio®-based Nova Scotia Regulations CD-ROM, containing the consolidated regulations of Nova Scotia and the quarterly sectional index of regulations, is now available from the Office of the Registrar of Regulations. For information or subscription please call (902) 424-6723 or visit our website at <www.gov.ns.ca/just/regulations/cd>.

N.S. Reg. 153/2002 Royal Gazette

Part II - Regulations Vol. 27, No. 1 © N. S. Registry of Regulations. Web version. 3 N.S. Reg. 153/2002 Made: December 17, 2002 Filed: December 19, 2002 Board Public Passenger Motor Carrier Act Regulations; Governor in Council Public Passenger Motor Carrier Act Regulations; Motor Carrier Fees Regulations Order in Council 2002-571 dated December 17, 2002 Regulations and amendments to regulations approved and made by the Governor in Council pursuant to subsections 26(1) and 36(4) and clause 27(1)(

d) of the Motor Carrier Act The Governor in Council on the report and recommendation of the Minister of Justice dated November 12, 2002, is pleased to, effective on and after January 1, 2003, (

a) pursuant to clause 27(1)(

d) and subsection 36(4) of

Chapter 292 of the Revised Statutes of Nova Scotia, 1989, the Motor Carrier Act, approve the making by the Nova Scotia Utility and Review Board of amendments to the Board Public Passenger Motor Carrier Act Regulations approved by Order in Council 92-1257 dated December 22, 1992, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation; (

b) pursuant to subsection 27(3) of

Chapter 292 of the Revised Statutes of Nova Scotia, 1989, the Motor Carrier Act, amend the Governor in Council Public Passenger Motor Carrier Act Regulations made by the Governor in Council by Order in Council 92-1258 dated December 22, 1992, in the manner set forth in

Schedule “B” attached to and forming part of the report and recommendation; and (

c) pursuant to subsection 26(1) of

Chapter 292 of the Revised Statutes of Nova Scotia, 1989, the Motor Carrier Act, (

i) repeal the regulations respecting fees payabl e by motor carriers made by the Governor in Council by Order in Council 92-1116 dated November 17, 1992, and (ii) make new regulations respecting fees payabl e by motor carriers in the form set forth in

Schedule “C” attached to and forming part of the report and recommendation.

Schedule “A” ORDER NSUARB NOVA SCOTIA UTILITY AND REVIEW BOARD IN THE MATTER OF THE MOTOR CARRIER ACT - and - IN THE MATTER OF A MOTION TO AMEND THE BOARD PUBLIC PASSENGER MOTOR CARRIER ACT REGULATIONS BEFORE: John A. Morash, C.A., Chair Margaret A. M. Shears, Vice-chair John L. Harris, Q.C. Wayne D. Cockrane, Q.C. David J. Almon O R D E R The Nova Scotia Utility and Review Board at a meeting of the Board held on October 31, 2002, passed a motion, pursuant to clause 27(1)(

d) and subsection 36(4) of

Chapter 292 of the Revised Statutes of Nova Scotia, 1989, the Motor Carrier Act, to amend the Board Public Passenger Motor Carrier Act Regulations made by the Board on December 14, 1992, and approved by the Governor in Council by Order in Council 92-1257 dated December 22, 1992, in the manner attached to and forming part of this Order.

N.S. Reg. 153/2002 Royal Gazette

Part II - Regulations Vol. 27, No. 1 4 © N. S. Registry of Regulations. Web version. DATED at Halifax, Nova Scotia, this 31st day of October, 2002. Sgd. Nancy McNeil Nancy McNeil, Clerk of the Board Amendments to the Board Public Passenger Motor Carrier Act Regulations made by the Nova Scotia Utility and Review Board pursuant to clause 27(1)(

d) and subsection 36(4) of

Chapter 292 of the Revised Statutes of Nova Scotia, 1989, the Motor Carrier Act 1 The Board Public Passenger Motor Carrier Act Regulations made by the Nova Scotia Utility and Review Board on December 14, 1992, and approved by the Governor in Council by Order in Council 92-1257 dated December 22, 1992, are amended by repealing

Section 2 and substituting the following Section: 2 In these regulations, (a) “Act” means the Motor Carrier Act; (b) “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; (c) “application” includes a petition or complain t originating any proceeding, matter or thing before the Board; (d) “AS” means American Standard; (e) “Board” means the Board as defined in the Act; (f) “C.C.M.T.A” means the Ca nadian Council of Motor Transport Administrators; (g) “CGA” means the Compressed Gas Association; (h) “Clerk” means the Clerk of the Board; (i) “CMVSS” means a Canada Motor Vehicle Sa fety Standard prescribed by the MVSR; (j) “commercial van” 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 van, courtesy van or taxicab; (k) “commercial van license” means a license issued by the Board pursuant to subsection 42B(2) to the owner or operator of a commercial van, allowing the holder to operate the commercial van; (l) “commuter van” 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;

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Part II - Regulations Vol. 27, No. 1 © N. S. Registry of Regulations.

Web version. 5 (m) “convertible vehicle” means a motor vehicle de signed 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; (n) “courtesy van” 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; (o) “CSA” means the Canadian Standards Association; (p) “driver” means the person driving or in charge of a vehicle, and for the purpose of Sections 42B to 42G, means the driver of a commercial van; (q) “GVWR” means the manufacturer’s gross weight rating for a vehicle; (r) “motor vehicle” means a motor vehicle as defined in the Act; (s) “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 multi purpose passenger vehicle under CMVSS; (t) “municipality” means a regional municipality, town, or county or district municipality; (u) “MVSR” means the Motor Vehicle Safe ty Regulations made pursuant to the Motor Vehicle Safety Act (Canada); (v) “owner or operator”, for the purpose of S ections 42B to 42H, means a person who owns, leases or is responsible for the operation of a commercial van; (w) “parcel express” means any freight accepted for shipment and transported by public passenger vehicle between points on designated routes; (x) “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; (y) “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; (z) “person with a physical disability” means a person who, because of a mobility impairment, requires the use of a special transit facility; (aa) “physically disabled school pupil” means a school pupil who is a person with a physical disability; (ab) “rental van” means a commercial van that

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i) has travelled less than 50 000 km, (ii) is less than 1 year old from the da te of purchase from the manufacturer, and (iii) is leased from a recogniz ed leasing company for a term (

A) of no more than 30 days, and (

B) commencing at least 7 days from the expira tion date of any previous term of lease of the commercial van; (ac) “special transit facility” means a public pa ssenger vehicle designed and manufactured or converted for the purpose of transporting persons with physical disabilities; (ad) “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 conv eyance 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 (ae) “truck” means a motor vehicle (

i) having a designated seating capacity of 10 pa ssengers 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. 2 The regulations are further amended by repealing clause 20(1)(

n) and substituting the following clause: (

n) a unitized first aid kit packed in a sturdy, dust-proof, removable container made of metal, or plastic of comparable strength, containing (i) 1 safety oriented pocket guide (ii) 1 record book (iii) face masks (mouth to mouth, artificial respiration mask) (iv) 4 pairs of rubber gloves (v) 4 space blankets (vi) 150 individually wrapped 25 x 75 mm (1 x 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 mi nimum of 914 x 914 mm (36 x 36 in.) square (xii) two 50 mm x 5.5 m (2 in. x 6 yd.) gauze bandages (xiii) 1 packet of 25 mm x 4.6 m (1 in. x 5 yd.) (xiv) adhesive tape (xv) 6 triangular bandages (xvi) 1 rolled metal splint 70 x 610 mm ( 2 3/4 x 24 in.) 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) seat belt cutter (xxi) 1 pencil (xxii) 1 marked plastic bag for di sposal of bio-hazardous waste (xxiii) at least the following antiseptics: (

A) disinfectant in the form of

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Part II - Regulations Vol. 27, No. 1 © N. S. Registry of Regulations. Web version. 7 (I) 100 ml (3.5 oz.) bottle of an adequate antiseptic, or (II) individually wrapped towellettes with an adequate antiseptic, and (B) 24 hand cleaners and mounted in a location readily accessible to the driver and in view of the driver unless plainly marked. 3 The regulations are further amended by adding th e following Sections immediately after

Section 42A: Commercial van license 42B

(1) No person, either as principal or by an agent or employee, shall operate a commercial van upon a highway within the Province without holding a commercial van license.

(2) The Board shall issue a commercial van license to a person who (

a) submits a completed application for a commercial van license, which may be in Form L, to the Board; (

b) satisfies the Board that the person, and the commercial vans owned or operated by the person, meet the requirements of Sections 42C to 42H, including insurance and safety requirements; and (

c) pays the fee to operate a commercial van as prescribed in the regulations respecting fees payable by motor carriers approved by the Governor in Council pursuant to subsection 26(1) of the Act.

(3) A commercial van 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 van license holder in the manner prescribed by the Board, the Board may amend a commercial van license respecting (

a) the number of vehicles; or (

b) any change in the structure or organizati on of the holder, where the holder is an entity other than an individual.

(5) The Board may, at any time, suspend or cancel a commercial van license for non-compliance with the requirements of Sections 42C to 42H, after a hearing upon such notice as the Board may direct.

(6) A commercial van license holder shall not operate a commercial van at any time that the holder does not meet the requirements of Sections 42C to 42H.

(7) No commercial van 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 van after the commercial van license issued to the person has been cancelled, or during any period of suspension of the commercial van license pursuant to subsection (5). Operational and equipment requirements - owner or operator of a commercial van 42C

(1) An owner or operator shall (

a) maintain insurance in accordance with

Section 25 of the Act and

Section 18; (

b) submit the commercial van for inspection and testing by an inspector

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i) semi-annually in accordance with the C. C.M.T.A. Bus Vehicle Safety Inspection Program, Inspection Methods and Standards, published January 1993, and (ii) at any other time requested by an inspector, and shall provide such facilities and assistance as the inspector considers necessary; (

c) equip the commercial van with (

i) a portable fire extinguisher in accordance with clause 20(1)(a), (ii) a unitized first aid kit in acco rdance with clause 20(1)(n), and (iii) not fewer than 3 triangular reflect ors in accordance with clause 20(1)(p); (

d) paint or otherwise firmly apply or attach to both sides of the commercial van, lettering not less than 75 mm (3 in.) high and in contrasting colours, showing the name and address of the owner or operator; (

e) post a legible notice in the commercial va n, visible to all passengers, stating that seatbelts are required by law to be worn by passengers while travelling in a commercial van; (

f) post a legible notice in the commercial van, visible to all passengers, forbidding smoking in the commercial van; (

g) maintain the equipment, markings and no tices prescribed in clauses (

c) to (

f) in accordance with the requirements of those clauses; (

h) ensure that a driver of the commercial van (

i) holds a Class 4 driver’s license or high er class of license, in accordance with the Motor Vehicle Act, (ii) supplies the owner or operator with a certif ied copy of the driver’s abstract, prior to being employed by the owner or operator and annually thereafter; and (

i) retain the certified copy of the driver’s ab stract supplied pursuant to subclause (h)(ii) on file at the owner or operator’s principal place of business for inspection by an inspector under the Act.

(2) An owner or operator shall not permit any person to smoke in the commercial van.

(3) No person shall smoke in a commercial van.

(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 van to carry in the commercial van (

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 van license that the commercial van license holder shall allow an inspector to carry out inspections and examinations of the records, books or

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Part II - Regulations Vol. 27, No. 1 © N. S. Registry of Regulations. Web version. 9 documents required pursuant to this

Section and Sections 42D to 42H 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 and Sections 42D to 42H 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 and Sections 42D to 42H.

(9) An inspector may, for the purpose of ensuring compliance with this

Section and Sections 42D to 42H and any Order made pursuant to those Sections, (

a) inspect, examine and investigate any reco rds, books or documents required by those Sections and remove them temporarily for the purpose of making copies; and (

b) make any examination, investigation or inqui ry that the inspector considers necessary to ascertain whether there is compliance with those Sections.

(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 and Sections 42D to 42H 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 van does not permit more passengers to be transported in the commercial van than are allowed by the manufacturer’s designated seating capacity or otherwise as may be established by law.

(13) Despite Sections 42B to 42H, subclause (1)(b)(

i) and subsection 42E(1) do not apply to an owner or operator who leases a rental van.

(14) In addition to the record-keeping requirements in Sections 42B to 42H, an owner or operator that leases a rental van shall ensure that the driver of the rental van keeps a copy of the lease agreement in the driver’s possession at all times while operating the rental van. Daily inspection requirements and reporting requirements for commercial vans 42D

(1) An owner or operator shall ensure that the driver of the commercial van inspects the commercial van 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 van 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 van; (

b) the make of the commercial van; (

c) the number plate or unit number of the commercial van;

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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 van, 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 van, an owner or operator or its agent shall effect repair of any defects listed in the inspection report for that commercial van 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 van does not operate the commercial van 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 van 42E

(1) An owner or operator shall maintain or cause to be maintained for each commercial van under the owner or operator’s control the following records: (

a) an identification of the vehicle including co mpany 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, lubri cation 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 axle s 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. Hours of work requirements - owner or operator of a commercial van 42F

(1) In this Section, (a) “adverse driving conditions” means conditions that adversely affect the driving of a commercial van and includes snow, sleet, ice and fog conditions and any other unfavourable atmospheric, road or driving conditions, none of which were apparent or known by the driver or the dispatcher on the basis of existing information at the commencement of the trip; (b) “daily log” means a daily record that covers a 24-hour period and provides the information required to be kept pursuant to subsections 42G(3) and (4), and includes mechanical or electronic records for that period produced by a device permitted under subsection 42G(10); (c) “driving” means at the controls of a commercial van being driven on a highway;

N.S. Reg. 153/2002 Royal Gazette

Part II - Regulations Vol. 27, No. 1 © N. S. Registry of Regulations. Web version. 11 (d) “duty status” means, in respect of a driver, any of the following: (

i) off duty, (ii) driving, or (iii) on duty, other than driving; (e) “out of service” means the status of a driver with respect to whom an inspector makes a declaration pursuant to subsection (12); and (f) “24-hour period” means a period of any 24 consecutive hours beginning at the time designated by the owner or operator for the terminal from which a driver who is employed by the owner or operator is normally dispatched.

(2) Any reference in this

Section to a number of consecutive days means a number of consecutive days commencing at the beginning of any 24-hour period.

(3) The hours on duty of a driver include the time spent by the driver (

a) inspecting, servicing, repairing, conditioning or starting a commercial van; (

b) driving a commercial van; (

c) travelling as a co-driver; (

d) participating in the loading or unloading of a commercial van; (

e) inspecting or checking the load of a commercial van; (

f) waiting, at the request of the owner or ope rator, for the driver's commercial van to be serviced, loaded or unloaded; (

g) waiting for the driver's commercial van or lo ad to be checked by an inspector or police officer; (

h) travelling as a passenger in a motor vehicle, at the request of the owner or operator, to a work assignment that will begin before the driver has had 8 consecutive hours off duty; (

i) waiting at an en route point because of an accident or other unplanned event; or (

j) performing any other work in the capacity of or employ of an owner or operator or any other work for the purpose of gain.

(4) Subject to subsections (6), (7) and (9), an owner or operator shall not permit a driver of the commercial van to drive (

a) more than 13 hours following at least 8 consecutive hours off duty; (

b) after completing 15 hours on duty followi ng at least 8 consecutive hours off duty; (

c) after completing 60 hours on duty during any period of 7 consecutive days; (

d) after completing 70 hours on duty during any period of 8 consecutive days; or (

e) after completing 120 hours on duty durin g any period of 14 consecutive days.

(5) During the 14-day period referred to in clause (4)(e), an owner or operator shall ensure that a driver of the commercial van is off duty for a minimum 24-hour period prior to accumulating 75 hours on duty.

(6) Once in every 7 consecutive days, a driver’s hours off duty immediately prior to driving may be reduced to not less than 4 consecutive hours if the total number of hours off duty prior to commencing the next period is not less than 8 hours plus the number of hours by which the driver's hours off duty was reduced.

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(7) The number of occasions during any period of 7 days when the driver does not have at least 8 consecutive hours off duty prior to driving shall not exceed one.

(8) Despite subsection (6), where an inspector is of the opinion that a reduction in the number of hours off-duty permitted by subsection (6) is jeopardizing or likely to jeopardize the safety or health of a driver, the inspector may direct that the driver have a specified number of hours off-duty immediately prior to driving.

(9) The Board may, upon application in writing by an owner or operator, issue a permit extending any of the limitations set out in subsection (4) and the permit shall have effect for a period not exceeding 1 year.

(10) In issuing a permit under subsection (9), the Board may (

a) consider any factors it considers relevant; and (

b) impose such conditions as it considers necessa ry to ensure that the issue of the permit will not jeopardize the safety or health of any person.

(11) The Board may, for cause, suspend a permit issued under subsection (9).

(12) An inspector may declare a driver to be out of service if the inspector finds that the driver has violated any of the limits set forth in these regulations with respect to driving time or hours on duty, and the inspector shall immediately notify the driver and the owner or operator of the declaration.

(13) No owner or operator may permit a driver whom an inspector has declared to be out of service pursuant to subsection (12) to drive any commercial van until the requirements of this

Section are met to the satisfaction of the inspector. Daily log requirements - owner or operator of a commercial van 42G

(1) In this Section, (a) “automatic on-board recording devi ce” means any electric, electronic or electro-mechanical device capable of recording a driver's duty status hours accurately and automatically; (b) “home terminal” means the place of business of an owner or operator where a driver who is employed by the owner or operator normally reports for work.

(2) An owner or operator shall ensure that, unless exempted pursuant to subsection (8), a driver of the commercial van maintains a daily log in duplicate for each 24-hour period.

(3) The daily log required by subsection (1) shall include the following information: (

a) date; (

b) driver's name; (

c) odometer reading; (

d) total distance driven per 24-hour period; (

e) commercial van number plate or unit number; (

f) name of owner or operator; (

g) signature of driver; (

h) name of co-driver; (i) 24-hour period starting time, if different from midnight; (

j) main office address for each owner or operator; and (

k) total hours spent in each duty status, for greater certainty including any hours of work required to be recorded pursuant to another enactment.

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(4) An owner or operator shall ensure that a driver of the commercial van incorporates a graph grid in the form set out in Appendix “B” into the driver’s handwritten daily log and completes the graph grid in accordance with the following procedures: (

a) a continuous line shall be drawn between the appropriate time markers for each 24-hour period, recording the periods of time when the driver is off duty, on duty not driving, and driving; (

b) the name of the municipality, city, town, village or highway location and province or state where each change of duty status occurs shall be recorded; and (

c) the total hours spent in each duty status sha ll be entered to the right of the graph grid and the total of the entries shall equal 24 hours.

(5) An owner or operator shall ensure that if a driver of the commercial van is issued fuel receipts, bills of lading, charter documents and accommodation receipts during a trip, the driver retains them and produces them for inspection on the demand of an inspector.

(6) No owner or operator shall operate, or permit a driver of the commercial van to drive, the commercial van unless the driver has in the driver’s possession (

a) copies of (

i) the driver’s daily logs for the preceding 7 consecutive days, or (ii) if operating in compliance with clause 42F (4)(e), copies of the driver's daily logs for the previous 14 consecutive days; and (

b) the driver's current daily log completed to the time at which the last change in duty status occurred.

(7) An owner or operator shall ensure that a driver of the commercial van enters into a daily log the information set out in subsection (3), except for clauses (

d) and (k), prior to the commencement of driving on the day to which the log applies, and the information in clauses (

d) and (

k) on completion of work for that day.

(8) Subject to subsection (9), a driver shall be exempt from maintaining a daily log while driving a commercial van not travelling beyond a radius of 160 km (100 mi.) from the location at which the driver reports to work if the driver returns to that location and is released from work within 15 hours and the owner or operator maintains and retains for a period of 6 months accurate records of the following: (

a) the time the driver reports for work each day; (

b) the total number of hours the driver is on duty each day; and (

c) the time the driver is released from duty each day.

(9) An owner or operator shall ensure that a driver employed by the owner or operator who is normally exempt under subsection (8) from maintaining a daily log shall, when the driver is driving a commercial van in circumstances where the driver is required to make a daily log, enter in the log the total hours on duty for the period of 7 consecutive days preceding the day on which the driver is required to make a daily log.

(10) An owner or operator may permit a driver of the commercial van to use an automatic on-board recording device to record the driver's hours of work if (

a) the driver has in the driver’s possession true copies of the driver’s daily logs for the preceding 7, 8 or 14 consecutive days, as applicable, which logs may consist of information stored in and retrievable from the automatic on-board recording device, handwritten or computer-generated logs or any combination thereof;

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b) the device is capable of displaying (

i) hours of driving and hours on duty for each day the device is being used, (ii) available on-duty hours remaining in the 7, 8 or 14 consecutive days, as applicable, or total hours on duty accumulated for the 7, 8 or 14 consecutive days, as applicable, and (iii) the sequential changes in duty status a nd the times the changes occur for each day the device is being used; (

c) the driver is capable of preparing a daily log containing the information required under subsection (3) from the device for each day of the 7, 8 or 14 consecutive days, as applicable; (

d) the device automatically records time and movement for the commercial van; (

e) all hard copies of the daily logs are signed by the driver certifying the information to be true and correct; and (

f) daily log forms are available in the commerc ial van for the driver's use in preparing daily logs.

(11) An owner or operator shall ensure that a driver of the commercial van shall, within 20 days of working as a commercial van driver for that owner or operator, (

a) if the driver worked for only that owner or operator, forward the original of each daily log for the period worked to the driver’s home terminal or to the principal place of business of that owner or operator; or (

b) if the driver worked for more than one ow ner or operator, forward the original of each daily log for the period worked to the driver’s home terminal or to the principal place of business of the owner or operator for whom the driver worked the greatest number of hours, and a copy of each daily log for the period worked to each additional owner or operator for whom the driver worked.

(12) An owner or operator shall ensure that a driver of the commercial van who works for more than one owner or operator during a 24-hour period shall, at the end of each 24-hour period worked, forward as soon as practicable to each of the owners or operators for whom the driver worked that 24-hour period a copy of the driver’s daily log.

(13) An owner or operator shall ensure that all daily logs and supporting documentation are kept for a period of not less than 6 months and are readily available for inspection upon request by an inspector at the owner or operator’s principal place of business.

(14) Daily logs kept pursuant to subsection (13) may be retained at the home terminal of the driver who submitted them for not more than 30 days and shall then be forwarded for retention to the owner or operator’s principal place of business.

(15) No owner or operator shall falsify a daily log or any information that is stored in an automatic on-board recording device, or request, require or permit the daily log or the information to be falsified, nor shall an owner or operator falsify any supporting documents or other information required by this Section.

(16) For the purpose of compliance with this Section, an owner or operator shall only permit a driver of the commercial van to maintain one daily log in respect of a day, whether or not a daily log or part of a daily log is required to be maintained pursuant to another enactment.

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(1) An owner or operator shall systematically inspect, repair and maintain or cause to be systematically inspected, repaired and maintained all commercial vans 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 Van 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 recogniz ed standards testing organization; and (

c) each commercial van is (

i) properly lubricated in a manner th at 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. 4 Clause 51(

b) of the regulations is repealed and the following clause is substituted: (

b) a public passenger vehicle, other than a school bus or a commercial van, that has a seating capacity of 8 passengers or less excluding the driver. 5 The regulations are further amended by adding th e following

Section immediately after

Section 51A: 51B A commercial van is exempt from the Act and the regulations made under the Act except for (

a) Sections 42B to 42H; (

b) the provisions of the Governor in Council Public Passenger Motor Carrier Act Regulations respecting commercial vans; (

c) the provisions of the regulations respectin g fees payable by motor carriers made by the Governor in Council pursuant to subsection 26(1) of the Act; and (

d) Sections 32 to 38 of the Act. 6 The regulations are further amended by adding (

a) Appendixes “A” to “C”, in the form att ached, immediately before Appendix “X”; and (

b) Form L, in the form attached, immediately after Form K. Appendix “A” Daily Inspections

Schedule I - Outside Inspection The outside of the commercial van 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;

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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, missi ng 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 corr ect 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 van 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 wa rning signal functions as intended; (

g) the windshield washers and wipers function as intended; (

h) the windshield and windows affo rd 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.

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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 th e 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 cr acked, 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

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l) if fitted, a driver's sun visor shall function as intended; (

m) in the case of a commercial van 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 actuate d, 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 sha ll 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 van 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

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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 ex it door other than a door to be used only in an emergency, (

i) when the driver's door control is in the clos ed 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 de vice, 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 visi bly 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 br acket shall be insecure or missing. 6 Mirrors: (

a) no mirror prescribed by or under the Motor Vehicle Act shall be missing;

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b) each mirror shall be securely mounted and maintain a set adjustment; (

c) no mirror shall be cracked, broken or have an y 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 sh all 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 wi ndow 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 orig inally fitted, shall not be missing, loose or broken; (

h) there shall be no star, stone chip or crack in th e 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 th at 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 pressurize d 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 exhaus t system except through drain holes provided by the manufacturer; (

c) no component shall be so located as to cause char ring or other heat damage to any wiring, fuel line, brake line or combustible material of the vehicle;

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d) no component shall pass through the occupant compartment; (

e) no component shall be so located or unguarded th at an individual may be burned by it on entering or leaving the vehicle; (

f) no exhaust system shall be shortened or modified fr om 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 10

(1) Hydraulic, vacuum and air system components (i ncluding 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 indi cation of leakage or heavy corrosion scaling; (

d) the hydraulic fluid level in any reservoir sha ll 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: mechan ical 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 circ uit 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 hydr aulic brakes, the brake failure warning lamp shall not come on; (

d) with heavy foot force applied to the servi ce 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 hydr aulic brakes, the brake failure warning lamp shall not come on; (

e) despite clause (d), where a commercial van is equipped with a HYDRA BOOST braking system, the foot force applied to the pedal shall not exceed 266.89 N (60 lbf).

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(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 app lied 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 11

(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 missi ng, cut, frayed or excessively worn and shall have correct tension; (

b) the fluid in the power steering reservoir sha ll not be lower than the minimum level specified by the vehicle manufacturer; (

c) with the engine running,

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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 ener gy-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 th e 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 a nd, 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 designa tion 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 designa tion 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.

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(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 per ceptible 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 designa tion 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 designa tion 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 indi cation of excessive wear or damage when the bearing is rotated; (

f) no wheel or axle bearing shall be maladjuste d 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 sha ll not be tracking improperly so as to adversely affect control of the vehicle. Electrical components 13

(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 sy stem shall function properly; (

b) each wiper arm and blade assembly shall sweep the area intended by the vehicle manufacturer; (

c) no part of the windshi eld 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;

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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 ai r 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 se lector 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 la mps 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 van that is a special transit facility, (

i) all interior lamps, including step well lamp s, shall light when the appropriate switch is in the “ON” position, and (ii) the lights provided to illuminate the lo ading 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 attachme nt 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 14

(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 maintain ed to manufacturer's specifications; (

b) no tire shall be worn to the extent that (

i) the tread wear indicat ors contact the road, or (ii) the tread is worn to the point where le ss than 3.175 mm (4/32 in.) of tread groove depth

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c) in addition to subclause (b)(ii), no tir e 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 be low 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 ve hicle manufacturer's specified minimum size or be sufficiently oversized to contact any vehicle component; (

j) except for a vehicle fitted with dual rear tir es, 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 cont act 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 af fect the safe operation of the vehicle; (

c) no wheel rim or lock ring shall be mismatch ed, 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, da maged, faded, discolored or have paint removed so as to impair readability.

N.S. Reg. 153/2002 Royal Gazette

Part II - Regulations Vol. 27, No. 1 © N. S. Registry of Regulations. Web version. 27 Form L NOVA SCOTIA UTILITY AND REVIEW BOARD 1601 Lower Water Street, Suite 300 or Postal Unit “M”, P.O. Box 1692, Halifax, Nova Scotia B3J 3S3 Application for a Commercial Van License (subsection 42B(2) of the Board Public Passenger Motor Carrier Act Regulations) 1. Applicant's (company) name: 2. Contact person(s): Title: Title: 3. Contact information: Office # ( ) Cell # ( ) Fax # ( ) E-mail address 4. Applicant’s mailing address: 5. Applicant’s operation address: 6.

The applicant is an individual/partnership/corpora tion (strike out the words that are not applicable). 7. Attached and marked “A” is Note: If applicant is an individual,

Section 7 is not applicable. If applicant is a partnership, a copy of the declaration of partnership filed in the office of the Registrar of Joint Stock Companies must be attached. If the applicant is a corporation, a copy of its certificate of incorporation must be attached. 8. Listing of the commercial vans requested to be licensed, indicating which commercial vans are rental vans: YEAR MAKE MODEL SERIAL NO. SEATING CAPACITY 9. General description of the service to be offere d, including which communities are to be served, the general routing, and the days and frequency of service.

Also indicate whether the service is regularly scheduled or it is a charter or tour service, and if the service is to/from another province.

N.S. Reg. 153/2002 Royal Gazette

Part II - Regulations Vol. 27, No. 1 28 © N. S. Registry of Regulations. Web version. 10. The applicant agrees to comply with the following requirements prior to the issuance of a commercial van license: (

a) to obtain a motor vehicle liability policy of insuran ce satisfactory to the Board in such sums as are prescribed by the Board Public Passenger Motor Carrier Act Regulations; (

b) to file with the Board a certificate of the insu rer certifying that the required insurance has been placed or effected in respect to each commercial van; (

c) to have each commercial van listed under

Section 8, other than any rental vans, inspected for mechanical fitness by a certified mechanic who is appointed as Inspector under the Motor Carrier Act, who is a certified Bus/Truck and Transport Mechanic; (

d) to file copies of all rental van lease agreements with the Board; and (

e) to submit with this application a fee of $100.00 for each of the vehicles listed under

Section 8. 11. The applicant also agrees to (

a) comply with all the requirements of the Motor Carrier Act and regulations applicable to the operation of a commercial van; (

b) maintain the required motor ve hicle liability insurance; and (

c) advise the Board of any changes in the approved list of vehicles or to the service being offered at least 15 days prior to the changes coming into effect. 12. The undersigned has received a copy of the Motor Carrier Act and regulations, and other material supplied by the Board, and has read and understands the information therein. DATED at _________________, on __________________________, 20 . ____________________________ (Signature of applicant) Province of Nova Scotia County of ________________________ Applicant’s Declaration In the matter of the Motor Carrier Act I, , of , in the County of , make oath and say (

a) that I am the and have knowledge of the matters herein set out; (applicant, or agent, officer or solicitor of the applicant) (

b) that the statements set out in the fo regoing application are true and correct. Sworn to at in the County of Province of on , 20 , before me (Notary Public or Commissioner) (Signature of applicant)

N.S. Reg. 153/2002 Royal Gazette

Part II - Regulations Vol. 27, No. 1 © N. S. Registry of Regulations. Web version. 29

Schedule “B” Amendments to the Governor in Council Public Passenger Motor Carrier Act Regulations made by the Governor in Council pursuant to

Section 27 of

Chapter 292 of the Revised Statutes of Nova Scotia, 1989, the Motor Carrier Act 1 The Governor in Council Public Passenger Motor Carrier Act Regulations made by the Governor in Council by Order in Council 92-1258 dated December 22, 1992, are amended by repealing

Section 2 and substituting the following Section: 2 In these regulations, (a) “Act” means the Act as defined in the Board Regulations; (b) “applicant” means an applicant as defined in the Board Regulations; (c) “application” means an application as defined in the Board Regulations; (d) “Board” means the Board as defined in the Board Regulations; (e) “Board Regulations” means the Board Public Passenger Motor Carrier Act Regulations; (f) “Clerk” means the Clerk as defined in the Board Regulations; (g) “commercial van” means a commercial van as defined in the Board Regulations; (h) “commercial van license” means a commercial van license as defined in the Board Regulations; (i) “driver” means a driver as defined in the Board Regulations; (j) “owner or operator” means an owner or ope rator as defined in the Board Regulations; (k) “rental van” means a rental van as defined in the Board Regulations; (l) “parcel express” means parcel expre ss as defined in the Board Regulations; (m) “physically disabled school pupil” means a physi cally disabled school pupil as defined in the Board Regulations; and (n) “taxicab” means a taxicab as defined in the Board Regulations. 2 The regulations are further amended by adding th e following Sections immediately after

Section 26: Drivers of commercial vans 26A

(1) A driver shall (

a) when requested by an inspector to act pur suant to these regulations, give the inspector all reasonable assistance within the driver’s power to enable an inspector to carry out the inspector's duties; (

b) hold a Class 4 driver’s license or high er class of license, in accordance with the Motor Vehicle Act; and (

c) supply the owner or operator of the commercial van to be driven by the driver a certified copy of an abstract of the driving record of the driver, prior to being employed by the owner or operator and annually thereafter.

(2) A driver shall not permit any person to smoke in the commercial van.

(3) If an inspector considers it necessary, the inspector may make any reasonable request of a driver for assistance in fulfilling the inspector’s duties with respect to this

Section or

Section 26B or 26C and the driver shall comply with the request.

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(4) A driver shall not carry in the commercial van (

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.

(5) The driver of a rental van shall keep a copy of the lease agreement for the rental van in the driver’s possession at all times while operating the rental van.

(6) A driver shall not permit more passengers to be transported in a commercial van than are allowed by the manufacturer’s designated seating capacity or otherwise as may be established by law.

(7) Nothing in this

Section or

Section 26B or 26C precludes or exempts a driver from compliance with or performance of any other mandatory inspection required by any other enactment. Daily inspection requirements and reporting requirements for commercial vans 26B

(1) A driver shall inspect the commercial van or cause it to be inspected daily prior to its first trip of the day.

(2) Where a trip is a continuous trip involving more than 1 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) A person who inspects a commercial van pursuant to subsection (1) or (2) shall, immediately upon completion of the inspection, record 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, indicate 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 van; (

b) the make of the commercial van; (

c) the number plate or unit number of the commercial van; (

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 driver shall, at any time during or at the end of the day of the inspection, record 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 van, the driver shall effect repair of any defects listed in the inspection report for that commercial van that would be likely to affect the safe operation of the vehicle.

(8) A driver shall not operate a commercial van that has any defects listed in the inspection report that 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.

N.S. Reg. 153/2002 Royal Gazette

Part II - Regulations Vol. 27, No. 1 © N. S. Registry of Regulations. Web version. 31 Hours of work requirements - driver of a commercial van 26C

(1) In this Section, (a) “adverse driving conditions” means conditions that adversely affect the driving of a commercial van and includes snow, sleet, ice and fog conditions and any other unfavourable atmospheric, road or driving conditions, none of which were apparent or known by the driver or the dispatcher on the basis of existing information at the commencement of the trip; (b) “daily log” means a daily record that covers a 24-hour period and provides the information required to be kept pursuant to subsections 26D(3) and (4), and includes mechanical or electronic records for that period produced by a device permitted under subsection 26D(10); (c) “driving” means at the controls of a commercial van being driven on a highway; (d) “duty status” means, in respect of a driver, any of the following: (

i) off duty, (ii) driving, or (iii) on duty, other than driving; (e) “out of service” means the status of a driver with respect to whom an inspector makes a declaration pursuant to subsection (14); and (f) “24-hour period” means a period of any 24 consecutive hours beginning at the time designated by the owner or operator for the terminal from which a driver is normally dispatched.

(2) Any reference in this

Section to a number of consecutive days means a number of consecutive days commencing at the beginning of any 24-hour period.

(3) The hours on duty of a driver include the time spent by the driver (

a) inspecting, servicing, repairing, conditioning or starting a commercial van; (

b) driving a commercial van; (

c) travelling as a co-driver; (

d) participating in the loading or unloading of a commercial van; (

e) inspecting or checking the load of a commercial van; (

f) waiting, at the request of the owner or ope rator, for the driver's commercial van to be serviced, loaded or unloaded; (

g) waiting for the driver's commercial van or lo ad to be checked by an inspector or police officer; (

h) travelling as a passenger in a motor vehicle, at the request of the owner or operator, to a work assignment that will begin before the driver has had 8 consecutive hours off duty; (

i) waiting at an en route point because of an accident or other unplanned event; or (

j) performing any other work in the capacity of or employ of an owner or operator or any other work for the purpose of gain.

(4) Subject to subsections (6), (7), (9), (12) and (13), a driver shall not drive

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a) more than 13 hours following at least 8 consecutive hours off duty; (

b) after completing 15 hours on duty followi ng at least 8 consecutive hours off duty; (

c) after completing 60 hours on duty during any period of 7 consecutive days; (

d) after completing 70 hours on duty during any period of 8 consecutive days; or (

e) after completing 120 hours on duty durin g any period of 14 consecutive days.

(5) During the 14-day period referred to in clause (4)(e), the driver shall be off duty for a minimum 24-hour period prior to accumulating 75 hours on duty.

(6) Once in every 7 consecutive days, the driver’s hours off duty immediately prior to driving may be reduced to not less than 4 consecutive hours if the total number of hours off duty prior to commencing the next period is not less than 8 hours plus the number of hours by which the driver's hours off duty was reduced.

(7) The number of occasions during any period of 7 days when the driver does not have at least 8 consecutive hours off duty prior to driving shall not exceed one.

(8) Despite subsection (6), where an inspector is of the opinion that a reduction in the number of hours off duty permitted by subsection (6) is jeopardizing or likely to jeopardize the safety or health of a driver, the inspector may direct that the driver have a specified number of hours off duty immediately prior to driving.

(9) The Board may, upon application in writing by an owner or operator, issue a permit extending any of the limitations set out in subsection (4) and the permit shall have effect for a period not exceeding 1 year.

(10) In issuing a permit under subsection (9), the Board may (

a) consider any factors it considers relevant; and (

b) impose such conditions as it considers necessa ry to ensure that the issue of the permit will not jeopardize the safety or health of any person.

(11) The Board may, for cause, suspend a permit issued under subsection (9).

(12) A driver may, in the case of emergency, exceed the driving time and total hours on duty set out in subsection (4) in order to complete a trip or to reach a place offering safety for vehicle occupants and security for the vehicle.

(13) A driver may, in the case of adverse driving conditions, exceed the driving time and total hours on duty by not more than 2 additional hours only if the trip could have normally been completed within the driving time permitted by this Section.

(14) An inspector may declare a driver to be out of service if the inspector finds that the driver has violated any of the limits set forth in these regulations with respect to driving time or hours on duty, and the inspector shall immediately notify the driver and the owner or operator of the declaration.

(15) No driver whom an inspector has declared to be out of service pursuant to subsection (14) may drive a commercial van until the requirements of this

Section are met to the satisfaction of the inspector. Daily log requirements - driver of a commercial van 26D

(1) In this Section, (a) “automatic on-board recording devi ce” means any electric, electronic or electro-mechanical device capable of recording a driver's duty status hours accurately and automatically;

N.S. Reg. 153/2002 Royal Gazette

Part II - Regulations Vol. 27, No. 1 © N. S. Registry of Regulations. Web version. 33 (b) “home terminal” means the place of business of an owner or operator where a driver who is employed by the owner or operator normally reports for work.

(2) Unless exempted pursuant to subsection (8), a driver shall maintain a daily log in duplicate for each 24-hour period.

(3) The daily log required by subsection (1) shall include the following information: (

a) date; (

b) driver's name; (

c) odometer reading; (

d) total distance driven per 24-hour period; (

e) commercial van number plate or unit number; (

f) name of owner or operator; (

g) signature of driver; (

h) name of co-driver; (i) 24-hour period starting time, if different from midnight; (

j) main office address for each owner or operator; and (

k) total hours spent in each duty status, for greater certainty including any hours of work required to be recorded pursuant to another enactment.

(4) A driver shall incorporate a graph grid in the form set out in Appendix “B” into the driver’s handwritten daily log and shall complete the graph grid in accordance with the following procedures: (

a) a continuous line shall be drawn between the appropriate time markers for each 24-hour period, recording the periods of time when the driver is off duty, on duty not driving, and driving; (

b) the name of the municipality, city, town, village or highway location and province or state where each change of duty status occurs shall be recorded; and (

c) the total hours spent in each duty status sha ll be entered to the right of the graph grid and the total of the entries shall equal 24 hours.

(5) If the driver is issued fuel receipts, bills of lading, charter documents and accommodation receipts during a trip, the driver shall retain them and produce them for inspection on the demand of an inspector.

(6) No driver shall drive a commercial van unless the driver has in the driver’s possession (

a) copies of (

i) the driver’s daily logs for the preceding 7 consecutive days, or (ii) if operating in compliance with clause 26C(4)(e), the driver's daily logs for the previous 14 consecutive days; and (

b) the driver's current daily log completed to the time at which the last change in duty status occurred.

(7) A driver shall enter into a daily log the information set out in subsection (3), except for clauses (

d) and (k), prior to the commencement of driving on the day to which the log applies, and the information in clauses (

d) and (

k) on completion of work for that day.

(8) Subject to subsection (9), a driver shall be exempt from maintaining a daily log while driving a commercial van not travelling beyond a radius of 160 km (100 mi.) from the location at which the driver reports to work if the driver returns to that location and is released from work

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Part II - Regulations Vol. 27, No. 1 34 © N. S. Registry of Regulations. Web version. within 15 hours and the owner or operator maintains and retains for a period of 6 months accurate records of the following: (

a) the time the driver reports for work each day; (

b) the total number of hours the driver is on duty each day; and (

c) the time the driver is released from duty each day.

(9) A driver who is normally exempt under subsection (8) from maintaining a daily log shall, when the driver is driving a commercial van in circumstances where the driver is required to make a daily log, enter in the log the total hours on duty for the period of 7 consecutive days preceding the day on which the driver is required to make a daily log.

(10) A driver may use an automatic on-board recording device for recording the driver's hours of work if (

a) the driver has in the driver’s possession true copies of the driver’s daily logs for the preceding 7, 8 or 14 consecutive days, as applicable, which logs may consist of information stored in and retrievable from the automatic on-board recording device, handwritten or computer-generated logs or any combination thereof; (

b) the device is capable of displaying (

i) hours of driving and hours on duty for each day the device is being used, (ii) available on-duty hours remaining in the 7, 8 or 14 consecutive days, as applicable, or total hours on duty accumulated for the 7, 8 or 14 consecutive days, as applicable, and (iii) the sequential changes in duty status a nd the times the changes occur for each day the device is being used; (

c) the driver is capable of preparing a daily log containing the information required under subsection (3) from the device for each day of the 7, 8, or 14 consecutive days, as applicable; (

d) the device automatically records time and movement for the commercial van; (

e) all hard copies of the daily logs are signed by the driver certifying the information to be true and correct; and (

f) daily log forms are available in the commerc ial van for the driver's use in preparing daily logs.

(11) A driver shall, within 20 days of working as a commercial van driver, (

a) if the driver worked for one owner or operato r, forward the original of each daily log for the period worked to the driver’s home terminal or to the principal place of business of the owner or operator for whom the driver worked; or (

b) if the driver worked for more than one ow ner or operator, forward the original of each daily log for the period worked to the driver’s home terminal or to the principal place of business of the owner or operator for whom the driver worked the greatest number of hours, and a copy of each daily log for the period worked to each additional owner or operator for whom the driver worked.

(12) A driver who works for more than one owner or operator during a 24-hour period shall, at the end of each 24-hour period worked, forward as soon as practicable to each of the owners or operators for whom the driver worked that 24-hour period a copy of the driver’s daily log.

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(13) No driver shall falsify a daily log or any information that is stored in an automatic on-board recording device, or request, require or permit the daily log or the information to be falsified, nor shall a driver falsify any supporting documents or other information required by this Section.

(14) For the purpose of compliance with this Section, a driver shall maintain one daily log in respect of a day, whether or not a daily log or part of a daily log is required to be maintained pursuant to another enactment. 3 The regulations are further amended by adding Appendixes “A” and “B”, in the form attached, immediately before Form 1. Appendix “A” Daily Inspections

Schedule I - Outside Inspection The outside of the commercial van 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 tegether 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, missi ng 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 corr ect 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 van 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;

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e) the brake air pressure or vacuum gauge functions as intended and there is adequate reserve; (

f) the low pressure or low vacuum wa rning signal functions as intended; (

g) the windshield washers and wipers function as intended; (

h) the windshield and windows affo rd 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) of the Board Regulations is in place. Appendix “B” Graph Grid

Schedule “C” Regulations Respecting Fees Payable by Motor Carriers made by the Governor in Council pursuant to subsection 26(1) of

Chapter 292 of the Revised Statutes of Nova Scotia, 1989, the Motor Carrier Act 1 These regulations may be cited as the Motor Carrier Fees Regulations. 2 Every motor carrier shall pay an annual fee for each public passenger vehicle that the motor carrier is authorized to operate, in accordance with the following scale: (

a) for each public passenger vehicle other than a school bus ........................... $200.00 (

b) for each commercial van ..................................................... $100.00 (

c) for an extra-provincial identificati on plate for each public passenger vehicle w i t h a n i d e n t i f i c a t i o n p l a t e o f t h e c a t e g o r y d e s c r i b e d i n c l a u s e ( a ) ....................$100.00

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Part II - Regulations Vol. 27, No. 1 © N. S. Registry of Regulations. Web version. 37 (

d) for an extra-provincial identificati on plate for each public passenger vehicle w i t h n o i d e n t i f i c a t i o n p l a t e o f t h e c a t e g o r y d e s c r i b e d i n c l a u s e ( a ) ....................$200.00 3 In addition to any fee that a motor carrier may be required to pay pursuant gtt tion 2, where a motor carrier has been authorized to provide temporary service or under

Section 9 of the Motor Carrier Act has been granted a temporary authority to provide a service, the motor carrier shall pay a fee of $200.00. 4 In addition to any fee that a motor carrier may be required to pay pursuant to

Section 2, where a motor carrier has been authorized to provide a single trip service, the motor carrier shall pay a fee of $100.00 for each trip for each public passenger vehicle authorized to provide the service. 5 Where an authorized motor carrier transfers an identification plate from one public passenger vehicle to another, the motor carrier shall pay a fee of $25.00. 6 Where an authorized motor carrier requires a replacement of an identification plate, the motor carrier shall pay a fee of $50.00. N.S.

Reg. 154/2002 Made: December 17, 2002 Filed: December 19, 2002 Governor in Council Education Act Regulations Order in Council 2002-578 made December 17, 2002 Amendment to regulations made by the Governor in Council pursuant to

Section 146 of the Education Act The Governor in Council on the report and recommendation of the Minister of Education dated November 7, 2002, and pursuant to

Section 146 of

Chapter 1 of the Acts of 1995-96, the Education Act, is pleased to amend the Governor in Council Education Act Regulations made by the Governor in Council by Order in Council 97-405 dated June 24, 1997, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after December 17, 2002.

Schedule “A” Amendments to the Governor in Council Education Act Regulations made by the Governor in Council pursuant to

Section 146 of

Chapter 1 of the Acts of 1995-96, the Education Act 1 The Governor in Council Education Act Regulations made by the Governor in Council by Order in Council 97-405 dated June 24, 1997, are amended by adding the following

Section immediately after

Section 19: 19A

(1) The Minister may provide a statement of professional standing to the holder of a teacher’s certificate, upon application and payment of the fee prescribed in subsection (2).

(2) An applicant for a statement of professional standing shall submit a fee of $25.00 with their application. 2

Section 23 of the regulations is repealed and the following

Section is substituted: 23 An applicant for a higher class of teacher’s certificate shall submit with their application (

a) an official transcript or a copy of the appli cant’s letter to the institution requesting the official transcript; and (

b) a fee of $35.00.

N.S. Reg. 155/2002 Royal Gazette

Part II - Regulations Vol. 27, No. 1 38 © N. S. Registry of Regulations. Web version. N.S. Reg. 155/2002 Made: December 17, 2002 Filed: December 19, 2002 Boxing Authority Regulations Order in Council 2002-579 made December 17, 2002 Regulations made by the Boxing Authority and approved by the Governor in Council pursuant to Sections 10 and 15 of the Boxing Authority Act The Governor in Council on the report and recommendation of the Minister responsible for the Nova Scotia Sport and Recreation Commission dated November 27, 2002, and pursuant to Sections 10 and 15 of

Chapter 43 of the Revised Statutes of Nova Scotia, 1989, the Boxing Authority Act, is pleased, effective January 18, 2002, to: (

a) revoke Order in Council 2002-17 dated January 18, 2002; (

b) approve the repeal by the Nova Scotia Boxing Au thority of regulations made by the Authority and approved by the Governor in Council by Order in Council 78-810 dated July 18, 1978; and (

c) approve the making by the Nova Scotia Boxing Authority of new regulations respecting boxing in the form set forth in

Schedule “A” attached to and forming part of the report and recommendation.

Schedule “A” Regulations Respecting Boxing made pursuant to Sections 10 and 15 of

Chapter 43 of the Revised Statutes of Nova Scotia, 1989, the Boxing Authority Act Citation 1 These regulations may be cited as the Boxing Authority Regulations.

Interpretation 2( 1 ) In these regulations, (a) “Act” means the Boxing Authority Act; (b) “boxing match” means a contest or exhibition; (c) “licence” means any licence issued by the Authority; (d) “Medical Advisor” means a duly qualified physici an appointed by the Authority to advise the Authority on medical matters; and (e) “ringside doctor” means a duly qualified physici an approved by the Authority to attend boxing matches and be present at ringside.

(2) In these regulations, “combat sport” means a sport involving full body contact between contestants in which a contestant uses a fist, whether open or closed, or a weapon held in a fist, and includes but is not limited to the following martial arts: (

a) kickboxing; (

b) shootfighting; (

c) karate; (

d) tae kwon do; (

e) jujitsu.

(3) For the purposes of clause 2(

c) of the Act, a combat sport is boxing.

N.S. Reg. 155/2002 Royal Gazette

Part II - Regulations Vol. 27, No. 1 © N. S. Registry of Regulations. Web version. 39 Officers and Procedures 3 The Chairman of the Authority shall preside at all meetings of the Authority. 4( 1 ) A Vice-chairman shall be elected by the members of the Authority to hold office for 1 year.

(2) The Vice-chairman shall assume all the powers of the Chairman, should the Chairman be absent or unable to fulfill the office. 5 The Secretary-treasurer (

a) shall be responsible for recording minutes of all meetings of the Authority; and (

b) shall, with the Chairman, or failing the Chai rman, the Vice-chairman, be responsible for the fiscal matters of the Authority. 6 The Authority shall meet at the call of the Chairman, or of a majority of the members of the Authority. 7 The annual meeting shall be held each year in the month of June. 8 A majority of the members of the Authority shall constitute a quorum. 9 Any member of the Authority may act in the interests of the Authority if authorized by the Chairman, and shall file a report of any activities with the Secretary-treasurer and the Chairman. 10 All motions may be passed at meetings of the Authority by a simple majority. 11 All applications, records, and other papers and documents filed with the Authority shall become the property of the Authority.

Licensing Application for licence 12 An application for a licence shall be on the standard form supplied by the Authority. 13 An application for a licence shall be filed with the Authority. 14 A person applying for a licence shall supply a list of their principal, affiliation or association upon the request of the Authority.

Registered address 15 The registered address of any licensee shall be as specified on the licence application, and in the event of an address change, notification must be promptly filed with the Authority as a “change of address rider” to the application. 16 All Authority bulletins and notices to any licensee shall be sent to the licensee at the registered address. Boxer's licences 17 An application for a boxer's licence shall be accompanied by (

a) a certificate signed by the Medical Advisor or a medical doctor stating that the boxer has been examined by the Medical Advisor or doctor within the current licence year as required by

Section 33 and that the boxer is of sound physical and mental health; and (

b) a signed certificate of waiver stating that th e boxer will submit to a post-fight urinalysis if the Authority so orders. 18 A boxer may use and be licensed under an assumed name, if the use of the assumed name is approved by the Authority.

N.S. Reg. 155/2002 Royal Gazette

Part II - Regulations Vol. 27, No. 1 40 © N. S. Registry of Regulations. Web version. 19 No person shall be licensed as a boxer under the same name or a name deceptively similar to the name of any other boxer or athlete. 20 A boxer from outside Nova Scotia, when submitting an application for a licence, shall submit to the Authority (

a) proof of licence from a recognized licen sing agency in the boxer’s jurisdiction; (

b) proof of a medical examination si milar to that required by

Section 33; (

c) results of HIV testing and Hepatitis B & C testing; (

d) dates, locations and results of the boxer's last 3 fights; (

e) the licence fee prescribed in subsection 24(1). Promoter's licence 21

(1) The Authority may grant or refuse to grant a promoter’s licence to an applicant.

(2) The Authority may cancel or suspend a promoter’s licence if (

a) the licensee or a person who is a partner, agen t, employee, stockholder or an associate of the licensee is consorting with, or has consorted with book-makers, gamblers or persons of similar pursuits; (

b) the licensee is guilty of or has attempted any fraud or misrepresentations in connection with boxing; (

c) the licensee has violated or attempted to viol ate any rule, regulation or order of the Authority; (

d) the licensee is, in the opinion of the Authority, guilty of any act detrimental to the interests of boxing or to the public interest.

(3) If the Authority cancels or suspends a licence under subsection (2), it shall give the licensee the reasons for the cancellation or suspension in writing. Signature and seal 22 A licence issued by the Authority shall be signed by the Secretary-treasurer and the Chairman or Vice- chairman and stamped with the seal of the Authority. Duration of licence 23 A licence is valid for one year beginning April 1 and concluding March 31. Licence fees 24

(1) The annual fees for licences are as follows: (

a) p r o m o t e r.............................................................. $50.00 (

b) r e f e r e e ............................................................... $10.00 (

c) j u d g e ................................................................ $10.00 (

d) boxer ................................................................ $10.00 (

e) m a n a g e r .............................................................. $10.00 (

f) S e c o n d ............................................................... $10.00 (

g) a g e n t................................................................. $10.00 (

h) m a t c h m a k e r ........................................................... $10.00

(2) For a fee of $5.00, the Authority may issue a temporary licence to a person to participate as a Second in a boxing match at a specified time and place. Fines, Penalties and Restrictions Suspension and fine 25

(1) A licensee who violates these regulations or who is found guilty of any act considered by the Authority in its sole discretion to be contrary to public interest or not conducive to the interests of

N.S. Reg. 155/2002 Royal Gazette

Part II - Regulations Vol. 27, No. 1 © N. S. Registry of Regulations. Web version. 41 legitimate boxing or to the administration of good discipline shall be liable to (

a) revocation or suspension of their licence; and (

b) the payment of such fine as the Authority may determine in its sole discretion.

(2) Where a fine has been imposed pursuant to subsection (1), the licence may be suspended until the fine is paid. 26 A licensee whose licence is suspended by the Authority for an indefinite period of time shall not be eligible for reinstatement of the licence for at least 60 days after the date of the suspension.

Failure to report sham 27 If a licensee is approached with a request or a suggestion that the licensee participate in, contribute to, or aid and abet a sham or collusive boxing match or a boxing match that is not to be conducted honestly or fairly, the licensee shall immediately report the matter and the full circumstances to the Authority.

Conflict of interest 28 No official, member or employee of the Authority, nor any referee or judge licensed by the Authority, shall have any financial interest directly or indirectly in any boxer, promoting corporation, or manager’s contract with any licensed boxer or any assignment thereof. 29

(1) No official or member of the Authority shall have a personal financial interest, directly or indirectly, in any boxing match.

(2) No promoter or manager shall take

part in any boxing match in which the promoter or manager is involved in the capacity of promoter or manager respectively, other than in that capacity, without the written approval of the Authority. Boxers under 19 30

(1) No boxer under the age of 19 years shall participate in a boxing match.

(2) The Authority may, upon application by a boxer together with the written permission of the boxer's parent or legal guardian, waive the age requirement in subsection (1).

(3) A decision of the Authority to waive the age requirement pursuant to subsection (2) shall be based solely upon the boxer's exceptional ability and performance. Appeals 31

(1) A licensee or other person disciplined by the Authority may appeal a decision of the Authority by presenting to the Authority in writing any additional evidence or testimony which the disciplined party feels may change the disposition of the case.

(2) The evidence or testimony referred to in subsection (1) shall be filed with the Authority within 20 days of the last notice of disciplinary action and shall be accompanied by a certified cheque in the amount of $25.00.

(3) The Authority, in its sole discretion, may grant or refuse to grant leave to appeal.

(4) Any person who appeals a decision of the Authority and is not satisfied and further appeals and is refused, may seek satisfaction under

Section 14 of the Act. Submitting false information 32 A person who submits an application containing false or erroneous information to the Authority may be subject to revocation of any licence issued on the basis of that application, a fine, or both, as may be determined by the Authority.

N.S. Reg. 155/2002 Royal Gazette

Part II - Regulations Vol. 27, No. 1 42 © N. S. Registry of Regulations. Web version. Annual Medical Examinations Examinations 33

(1) Boxers, referees and judges shall have annual medical examinations by a Medical Advisor or a medical doctor.

(2) A boxer applying for a licence for the first time shall submit to a medical examination by a Medical Advisor or a medical doctor that includes a complete medical history of the applicant and the following laboratory procedures as the Medical Advisor requires: (

a) electrocardiogram; (

b) chest X-ray; and (

c) all of the procedures listed in subsection (3).

(3) Subsequent annual medical examinations for boxers shall include an updated medical history of the applicant and the following laboratory procedures: (

a) P.T. (Partial Thromboplastin); (

b) P.T.T . (Partial Thromboplastin Time); (

c) complete blood count; (

d) complete urinalysis; (

e) serological examination for syphilis; (

f) ophthalmologist examination including a fundiscopic exam; (

g) HIV (Human Immunodificiency Virus) test; (

h) Hepatitis B & C test; (

i) CAT (Computerized Axial Tomography) scan; and (

j) any other test or survey that might be i ndicated by the past or present condition of the applicant.

(4) In addition to the procedures required by subsection (1), a female boxer must have a mammogram at initial licensing, and subsequently as considered necessary by a medical doctor. Medical reports confidential 34 All medical reports on file with the Authority relative to the physical examination or condition of boxers are confidential and are only open to examination by the Authority or by the boxer upon written application to examine the boxer’s records, or upon an order by a court.

Dispute involving medical evidence 35 If a dispute involving medical evidence arises within the jurisdiction of the Authority, a Medical Advisor shall be immediately consulted and if, in the opinion of the Medical Advisor, the dispute cannot be resolved by the Authority, a report shall be immediately filed by the Authority with the Chairman and the Secretary-treasurer of the Authority, and the Authority shall adjudicate the dispute. Duties and Responsibilities of Promoters Application for sanction to conduct boxing match 36

(1) An application for a sanction to conduct a boxing match shall be presented by the promoter to the Authority at least 21 days prior to the date of the proposed boxing match and shall be accompanied by a deposit of $1000 (Canadian).

(2) An application referred to in subsection (1) shall include (

a) the date and location of the proposed boxing match; (

b) the names of the proposed boxers for the main and semi-final boxing matches; and (

c) all other details requested by the Authority on the proposed boxing match.

(3) Not less than 14 days prior to the date of the proposed boxing match the promoter shall submit to the Authority

N.S. Reg. 155/2002 Royal Gazette

Part II - Regulations Vol. 27, No. 1 © N. S. Registry of Regulations. Web version. 43 (

a) copies of the licences of all of the boxers and the promoter, medical reports and contracts; (

b) the required gloves for the boxing match; and (

c) a copy of the agreement with the charita ble organization as required by

Section 47, if applicable.

(4) If an application for a sanction to conduct a boxing match is approved by the Authority, the Authority may issue a Sanction Letter to the promoter. 37 If boxers are under contract for a definite purse, the promoter of the boxing match shall deposit with the Authority at least 14 days prior to the scheduled boxing match a sum, either in cash or negotiable bonds, sufficient to cover (

a) certified cheques for the entire amount of the total purse payable to the boxers as outlined in their respective contracts; (

b) the Authority charges; (

c) payment of the Authority officials for the boxing match. Deposits and disbursements 38

(1) If the promoter fails to hold a boxing match on the approved date, any deposit made pursuant to

Section 37 will be forfeited either in part or in total, as the Authority determines.

(2) If a boxing match is held on the approved date, any deposit made pursuant to

Section 37, less all sums for which the promoter is indebted to the Authority in respect of the boxing match, shall be returned to the promoter as soon as possible after the holding of the boxing match. Promoter responsible for expenses 39

(1) The Authority shall not assume any responsibility or liability for the collection or payment of accounts in connection with a boxing match including but not limited to medical, travel or accommodation expenses.

(2) Promoters are responsible for the payment of all expenses connected with the boxing match to be paid in the following order: (

a) federal, Provincial, municipal taxes; (

b) payments to the Authority; (

c) payments to officials; (

d) payments to boxers; (

e) rent for the premises; (

f) payments to other persons hired for the proper conduct of the boxing match; (

g) all other expenses. Default in payment of debts 40 A promoter who defaults in payment of a debt or obligation in connection with a boxing match shall have their licence suspended until full payment is made and all outstanding fines paid. Director of bouts 41 A promoter shall retain a person to act as a “director of bouts” for a boxing match to ensure that the boxing match runs smoothly with as few interruptions and delays as possible. Standby bout 42 A promoter may be required by the Authority to have one standby bout ready during a boxing match.

Arrival of boxers 43 Promoters shall ensure the arrival of the boxers for a boxing match in the city or town where the boxing match is to take place in accordance with the requirements of

Section 136. Responsibilities 44

(1) A promoter is responsible for all the details necessary to keep boxing on a level that will give the

N.S. Reg. 155/2002 Royal Gazette

Part II - Regulations Vol. 27, No. 1 44 © N. S. Registry of Regulations. Web version. sport a clean and healthy environment.

(2) A promoter is responsible for the maintenance of good order and the proper conduct of their boxing matches.

(3) A promoter shall make arrangements to safeguard the premises where their boxing matches are conducted to ensure, to the Authority’s satisfaction, that adequate protection is taken against riot, stampede, or disorderly conduct.

(4) A promoter shall not offer for sale, or cause to be sold, alcoholic beverages on the premises prior to, during, or immediately after a boxing match without written approval of the Authority. Negotiations with licensed manager 45 A promoter or matchmaker who negotiates for a boxing match with any person who is not the manager of record for the boxer involved but who is a licensed manager shall advise the Authority of (

a) the identity of the boxer; (

b) the identity of the representative; (

c) the compensation of the representative; and (

d) by whom the compensation is to be paid. Advertising 46

(1) Unless otherwise approved, no boxing match shall be advertised until a Sanction Letter for the boxing match is issued by the Authority as required by

Section 36.

(2) For the purposes of this Section, “advertising” means the notification to the public that tickets are or will be for sale.

(3) Press releases, news stories or other publicity on a proposed boxing match shall be permitted prior to the issuing of a Sanction Letter provided that the publicity clearly states that the proposed boxing match has not been approved and that tickets are not yet for sale. Charitable organization 47 A promoter who wishes to conduct a boxing match under the auspices of or in conjunction with a charitable organization shall submit the proposed agreement setting forth the terms and conditions of the boxing match to the Authority for approval.

Contracts Standard forms 48 Contracts between boxers and managers and between boxers and promoters shall be executed on forms supplied on request by the Authority to licensed boxers, licensed managers, and licensed promoters and the forms shall be as set out in

Schedule “A” and

Schedule “B” . Boxer failing to fulfill terms 49 A boxer failing to fulfill the terms of a contract may be subject to the disciplinary action of the Authority. Managers 50 A boxer shall have only one manager of record and in the event a boxer has co-managers, one manager shall be named the manager of record and shall be held responsible as if there was only one manager. 51 A manager or managers shall not share in more than 33a% of the ring earnings of the boxer. Contract between boxer and manager 52

(1) A contract entered into between a boxer and a manager shall (

a) be filed with the Authority for approval; (

b) become null and void if one of the parties has a licence cancelled, suspended or is refused a renewal of a licence;

N.S. Reg. 155/2002 Royal Gazette

Part II - Regulations Vol. 27, No. 1 © N. S. Registry of Regulations. Web version. 45 (

c) not be assigned without the approval of the Authority; and (

d) not be for a period of more than 4 years.

(2) A contract between a boxer and manager is not valid unless both parties appear at the same time before the Authority and receive its approval, unless otherwise directed by the Authority. Contract between boxer and promoter 53 A contract between a boxer and a promoter may be signed either by the boxer’s manager on the boxer’s behalf, or personally by the boxer if the boxer has no licensed manager of record, unless otherwise directed by the Authority.

Boxers of same weight 54 Contracts of boxers matched to meet each other shall require each boxer to be the same weight or within safe limits as determined pursuant to subsection 73(3). Boxing match after expiration date of contract 55 No manager shall be allowed to contract the services of a boxer under the manager’s management for a boxing match to take place on a date after the expiration of the contract between the manager and the boxer, unless the boxing match has been approved in advance by the Authority.

Signature of boxer 56 A contract for the services of a boxer shall be signed by the boxer under the legal name of the boxer unless the boxer is licensed to box in Nova Scotia under another name, in which case the boxer may sign the contract under the licensed name of the boxer and the legal name must appear in the body of the contract as the name under which the boxer is otherwise known. Contracts signed by both boxers 57 Contracts for a boxing match shall not be approved by the Authority unless both boxers have signed contracts with the same

Document details

Collection	Nova Scotia — Gazette
Citation	N.S. Reg. 153/2002
Date	2002-01-01
Type	gazette
Volume / chapter	just regulations rg2 2003 ja1003
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	ef0dbd33005620400e16ffd71182a451bb224782

Source file is stored in the law ingest library (pdf).