NEWFOUNDLAND AND LABRADOR REGULATION 45/23

CNLR 1160/96
as amended

1. Paragraph 4(8)(c) of the Carrier Safety Regulations is amended by deleting the words "he or she" and substituting the words "the registrar".

2. Subsection 5(2) of the regulations is amended by

(a) deleting the words "him or her" and substituting the words "the registrar"; and

(b) deleting the words "he or she" and substituting the words "the registrar".

3. Section 6 of the regulations is amended by deleting the words "his or her" wherever they appear and substituting the words "the inspector's".

4. Paragraph 7(2)(b) of the regulations is amended by deleting the words "he or she" and substituting the words "the registrar".

5. Subsection 10(4) of the regulations is amended by deleting the words "he or she" and substituting the words "the registrar".

6. Subsection 11(2) of the regulations is amended by deleting the words "he or she" and substituting the words "the registrar".

7. Subsection 13(1) of the regulations is amended by deleting the words "he or she" wherever they appear and substituting the words "the driver".

8. (1) Paragraph 14(1)(f) of the regulations is repealed and the following substituted:

(f) a copy of each driver's record of duty status, as required by sections 34 and 39 of the Hours of Service Regulations, 2023, or where a driver is exempt from maintaining a record of duty status, a copy of the carrier's record of hours on duty for the driver;

(2) Paragraph 14(1)(g) of the regulations is amended by deleting the reference "Highway Traffic Trip Inspection Report Regulations" and substituting the reference "Trip Inspection Report Regulations".

(3) Paragraph 14(4)(d) of the regulations is amended by

(a) deleting the reference "Highway Traffic Hours of Service Regulations" and substituting the reference "Hours of Service Regulations, 2023"; and

(b) deleting the reference "Highway Traffic Trip Inspection Report Regulations" and substituting the reference "Trip Inspection Report Regulations".

(4) Paragraph 14(4.1)(b) of the regulations is amended by deleting the words "he or she" and substituting the words "the driver".

9. (1) Subsection 16(1) of the regulations is amended by deleting the words "he or she" and substituting the words "the registrar".

(2) Subsection 16(5) of the regulations is amended by deleting the words "he or she" and substituting the words "the person".

10. Subsection 17(2) of the regulations is amended by deleting the words "his or her" and substituting the words "the driver's".

11. (1) Subsection 18(4) of the regulations is amended by deleting the words "his or her" and substituting the words "the registrar's".

(2) Subsection 18(6) of the regulations is amended by deleting the words "he or she" wherever they appear and substituting the words "the registrar".

(3) Subsection 18(7) of the regulations is amended by deleting the words "he or she" and substituting the words "the registrar".

12. Subsection 21(8) of the regulations is amended by deleting the reference "Highway Traffic Trip Inspection Report Regulations" and substituting the reference "Trip Inspection Report Regulations".

13. (1) Paragraph 22(2)(a) of the regulations is amended by deleting the words "he or she" and substituting the words "the driver".

(2) Subsection 22(3) of the regulations is amended by deleting the words "log book records" and substituting the words "records of duty status".

(3) Subsection 22(4) of the regulations is repealed and the following substituted:

(4) A carrier shall receive points under subsection (3) only where, in accordance with the Hours of Service Regulations, 2023 it is able to provide accurate records of duty status or, if exempt from keeping a record of duty status, accurate time records, for all drivers selected for the facility audit.

(4) Subsection 22(6) of the regulations is amended by deleting the reference "Highway Traffic Hours of Service Regulations" and substituting the reference "Hours of Service Regulations, 2023".

(5) Subsection 22(8) of the regulations is repealed and the following substituted:

(8) A carrier shall receive points under subsection (7) only where, in accordance with the Hours of Service Regulations, 2023, it is able to demonstrate that all drivers selected for a facility audit have all items on their records of duty status completed.

14. The Schedule to the Carrier Safety Regulations is amended by deleting the section references, offences and compliance indicators in relation to the Hours of Service Regulations and substituting the following:

Hours of Service Regulations, 2023 Provision	Compliance Indicators	Description of Offence
5(a)	1	Carrier, shipper, cosignee or person requesting, requiring or allowing a driver to drive or a driver driving where driving would be likely to jeopardize the safety or health of the public, the driver or the employees of the carrier.
5(b)	1	Carrier, shipper, cosignee or person requesting, requiring or allowing a driver to drive or a driver driving where the driver is the subject of an out-of-service declaration.
5(c)	1	Carrier, shipper, cosignee or person requesting, requiring or allowing a driver to drive or a driver driving where driving would not be in compliance with the regulations.
8(1)	3	Carrier requesting, requiring or allowing a driver to drive or a driver driving after the driver has accumulated 13 hours of driving time in a day.
8(2)	3	Carrier requesting, requiring or allowing a driver to drive or a driver driving after the driver has accumulated 14 hours of on-duty time in a day.
9(1)	3	Carrier requesting, requiring or allowing a driver to drive or a driver driving without having taken at least 8 consecutive hours of off-duty time after the driver accumulated 13 hours of driving time.
9(2)	3	Carrier requesting, requiring or allowing a driver to drive or a driver driving without having taken at least 8 consecutive hours of off-duty time after the driver accumulated 14 hours of on-duty time.
9(3)	3	Carrier requesting, requiring or allowing a driver to drive and a driver driving after 16 hours have elapsed between the conclusion of the most recent period of 8 or more consecutive hours of off-duty time and the beginning of next 8 or more consecutive hours of off-duty time.
10	1	Carrier failing to ensure that driver has taken or driver failing to take at least 10 hours of off-duty time in a day as prescribed by the regulations.
15(1)	1	Carrier failing to require that driver follows or driver fails to follow either cycle 1 or 2.
15(2)	3	Carrier requesting, requiring or allowing a driver to drive or a driver driving without having taken at least 24 consecutive hours of off-duty time in the preceding 14 days.
15(3)	3	Carrier requesting, requiring or allowing a driver who is following cycle 1 or a driver who is following cycle 1 driving after having accumulated 70 hours of on-duty time in 7 days.
15(4)(a)	3	Carrier requesting, requiring or allowing a driver who is following cycle 2 to drive or a driver who is following cycle 2 driving after having accumulated 120 hours of on-duty time in 14 days.
15(4)(b)	3	Carrier requesting, requiring or allowing a driver who is following cycle 2 to drive or a driver who is following cycle 2 driving after having accumulated 70 hours of on-duty time without having taken at least 24 consecutive hours of off-duty time.
17(1)	1	Carrier requesting, requiring or allowing a driver to switch or a driver switching cycles without first taking the prescribed off-duty time before beginning to drive again.
31	1	Carrier failing to perform its obligations as a permit holder.
34(1)	3	Motor carrier failing to ensure that a commercial vehicle is equipped with an electronic logging device that meets the requirements of the Technical Standard.
38(1)	2	Carrier failing to require a driver or driver failing to complete a record of duty status.
39(1) and (2)	2	Carrier failing to require a driver or driver failing to legibly enter the prescribed information in the record of duty status.
40	1	Carrier requesting, requiring or allowing a driver to drive or a driver driving while not in possession of records of duty status and supporting documents.
41(1) and (2)	1	Carrier failing to ensure that a driver or a driver failing to forward the record of duty status and supporting documents to the home terminal within the prescribed time period.
41(3)(a)	1	Carrier failing to deposit records of duty status and supporting documents at its principal place of business within the prescribed time period.
41(3)(b)	1	Carrier failing to retain records of duty status and supporting documents for the prescribed time period.
42(1)	3	Carrier requesting, requiring or allowing a driver to keep or a driver keeping more than one record of duty status in respect of any day.
42(2)	3	Carrier requesting, requiring or allowing a person to or a person entering inaccurate information in a record of duty status or falsifying, mutilating, obscuring, altering, deleting, destroying or defacing records of duty status or supporting documents.
42(3)	3	Carrier requesting, requiring or allowing a person to or a person blocking or degrading a signal transmission or reception or tampering with an electronic logging device.
43(1)	1	Carrier failing to monitor compliance of driver with regulatory requirements.
43(2)	1	Carrier failing to take remedial action where non-compliance exists.
46(4)	3	Obstructing, hindering or knowingly making false or misleading statements to an inspector engaged in carrying out duties and functions.
47	1	Driver failing to produce documents requested by an inspector for inspection.
48(2)	3	Carrier failing to produce documents requested by an inspector for inspection at the place specified by the inspector.

Commencement

15. These regulations come into force on December 1, 2023.