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NEWFOUNDLAND REGULATION 81/01

Vehicles Regulations, 2001
under the
Highway Traffic Act
(O.C. 2001-713)

Amended by:

37/08
112/09
103/10
105/14
95/15
82/17

NEWFOUNDLAND REGULATION 81/01

Vehicles Regulations, 2001
under the
Highway Traffic Act
(O.C. 2001-713)

(Filed November 27, 2001 )

Under the authority of section 187 of the Highway Traffic Act , the minister, with the approval of the Lieutenant-Governor in Council, makes the following regulations.

Dated at St. John’s , November 26, 2001 .

Walter Noel
Minister of Government Services and Lands

Deborah E. Fry
Clerk of the Executive Council

REGULATIONS

Analysis



Short title

        1. These regulations may be cited as the Vehicles Regulations, 2001.

81/01 s1

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Interpretation

        2. (1) In these regulations

             (a)  "A dolly" means a converter dolly that is towed from one hitch on the centre line of the towing vehicle;

             (b)  "A train double" means a combination of vehicles composed of a tractor, a semitrailer and either an A dolly and a semitrailer or a full trailer attached to the foremost semitrailer in a like manner as if an A dolly were used;

             (c)  "axle" means an assembly of 2 or more wheels whose centres are in one transverse vertical plane and transmit weight to the road;

             (d)  "axle group" means a single axle, a tandem axle, a tandem equivalent axle or a triaxle;

             (e)  "axle group weight" means the total weight transmitted to the road by an axle group;

             (f)  "axle spread" means the longitudinal distance between the centres of extreme axles of an axle group;

             (g)  "axle weight" means the weight transmitted to the road by an axle;

             (h)  "box length", for a combination of vehicles, means the longitudinal distance from the foremost part of the cargo carrying unit or cargo to the rearmost part of the carrying unit or cargo, exclusive of any extension in the dimension caused by auxiliary equipment or machinery at the front that is not designed or used for carrying cargo;

              (i)  "B train double" means a combination of vehicles composed of a tractor, a semitrailer and a second semitrailer towed by the lower half of a fifth wheel assembly mounted on the rear of the foremost semitrailer;

              (j)  "C dolly" means a converter dolly, with a frame rigid in the horizontal plane that is towed from 2 hitches located in a horizontal transverse line on the towing unit, that precludes any rotation in the horizontal plane about the hitch points, and which satisfies all requirements of the Canadian Motor Vehicle Safety Standards applicable to those devices;

             (k)  "converter dolly" means a vehicle unit that is designed and normally used to convert a semitrailer to a full trailer;

              (l)  "C train double" means a combination of vehicles composed of a tractor, a semitrailer, a C dolly and a second semitrailer;

           (m)  "drawbar" means a structure connected to the chassis frame of a trailer or converter dolly that includes a device for coupling to a hitch on a towing vehicle;

             (n)  "drawbar length", for a pony trailer, a full trailer or a converter dolly, means the longitudinal distance from the centre of a device that attaches to a hitch on a towing vehicle to the centre of the lower half of the fifth wheel assembly or turntable;

             (o)  "drive axle" means the axle or axle group that is or may be connected to the power source of a motor vehicle and that transmits power to the wheels;

             (p)  "effective rear overhang" means the longitudinal distance from the centre of the rear axle or axle group on a truck or the geometric centre of the rear axle or axle group on a trailer, to the rearmost point of the truck or trailer, including cargo;

             (q)  "fifth wheel assembly" means a coupling device whose lower half is comprised of a plate and locking jaws and is mounted on the rear portion of a vehicle frame or the frame of a converter dolly and whose upper half is comprised of a plate and a kingpin fastened to the underside of the forward portion of a semitrailer for the purpose of supporting and towing the semitrailer;

              (r)  "fifth wheel offset", for a tractor, means the longitudinal distance from the centre of the lower half of a fifth wheel assembly to the tractor turn centre;

             (s)  "front overhang" means the longitudinal distance from the front bumper, as installed by the manufacturer of the vehicle, to the foremost point on the vehicle or cargo, whichever is greater;

              (t)  "full trailer" means a trailer designed and used so that its weight and load is carried on its own axles and includes a combination consisting of a semitrailer and a converter dolly;

             (u)  "gross axle weight rating" means the value specified by the vehicle manufacturer as the load carrying capacity of a single axle system, as measured at the tire-ground interfaces;

             (v)  "gross vehicle weight" means the total weight transmitted to the road by a vehicle or combination of vehicles and cargo;

            (w)  "gross vehicle weight rating" means the value specified by the vehicle manufacturer as the loaded weight of a single vehicle;

             (x)  "hitch" means a device attached to a vehicle or converter dolly for towing another vehicle or converter dolly, and includes the lower half of a fifth wheel assembly;

             (y)  "hitch offset", for a truck or semitrailer equipped with a hitch for towing a trailer or converter dolly, means the longitudinal distance from the turn centre of the truck or semitrailer to the articulation point of the hitch;

             (z)  "interaxle spacing" means the longitudinal distance between the centre of the rearmost axle of an axle group and the centre of the foremost axle of the next axle group to the rear, within a vehicle or a combination of vehicles;

          (aa)  "intercity bus" means a vehicle designed to carry more than 10 passengers and equipped with facilities to allow extended travel without stopping;

          (bb)  "kingpin" means the pin that couples a semitrailer to the lower half of a fifth wheel assembly;

           (cc)  "kingpin setback" means the horizontal distance from the vertical axis through the centre point of the kingpin to the farthest point on the semitrailer or cargo ahead of the kingpin;

          (dd)  "length (full trailer)" means the external longitudinal distance from the foremost point of the cargo carrying section of the full trailer or cargo to the rearmost point of the trailer or cargo, exclusive of any extension in length caused by equipment or machinery at the front that is not designed or used for transporting cargo;

           (ee)  "length (pony trailer)" means the external longitudinal distance from the foremost point of the drawbar of the pony trailer or the foremost point on the cargo to the rearmost point of the trailer or cargo;

            (ff)  "length (semitrailer)" means the external longitudinal distance from the foremost point on the cargo carrying section of the semitrailer or cargo to the rearmost point of the semitrailer or cargo, exclusive of an extension in length caused by equipment or machinery at the front that is not designed or used for transporting cargo;

           (gg)  "lift axle" means an axle fitted with a device that enables its load to be adjusted or which can be removed from contact with the ground by the vehicle operator;

          (hh)  "load equalisation" means the observed weight on axle groups does not vary by more than 1000 kilograms between adjacent axles;

             (ii)  "model year" means the year used to designate a discrete vehicle model irrespective of the calendar year in which the vehicle was actually produced, as indicated by the vehicle manufacturer in the vehicle identification number;

            (jj)  "overall height" means the vertical distance between the highest point on the vehicle or combination of vehicles, including cargo, and the surface of the road;

          (kk)  "overall length" means the longitudinal distance from the foremost part of a vehicle or combination of vehicles to the rearmost part of the vehicle or combination of vehicles, including cargo;

             (ll)  "overall width" means the greatest overall transverse dimension of a vehicle or combination of vehicles, including cargo;

        (mm)  "pony trailer" means a trailer with one axle group close to the centre of its chassis that carries the preponderance of its weight and load, and, that is towed by a drawbar rigidly attached to the structure of the trailer;

          (nn)  "rear overhang" means the longitudinal distance calculated from the rearmost point of the bed or body of a truck or trailer to the rearmost point of the cargo;

          (oo)  "registration permit" means a permit issued under the Act or the laws of another jurisdiction with respect to the registered weight or ownership of a vehicle or combination of vehicles and which has not expired, been suspended or cancelled;

          (pp)  "Schedule" means a Schedule attached to these regulations;

          (qq)  "self steering axle" means an axle whose wheels can steer in response to forces generated between its tires and the road, or through mechanisms and linkages that operate independently of the driver, regardless of whether the self steering mechanism may be rendered inoperative;

            (rr)  "semitrailer" means a vehicle that is designed to be towed by another vehicle and is so designed and used that a substantial part of its weight and load rests on or is carried by the other vehicle or a trailer converter dolly through a fifth wheel and kingpin combination;

            (ss)  "single axle" means one or more axles whose centres are included between 2 parallel transverse vertical planes up to but not including 1.2 metres apart and which have the same number and size of tires on each side of the axle;

            (tt)  "steering axle" means an axle whose steering is controlled by the driver of the vehicle to control the direction of travel of the vehicle;

          (uu)  "swing radius" means the horizontal distance from the vertical axis through the centre of the kingpin to any point on the semitrailer or cargo ahead of the kingpin;

          (vv)  "tandem axle" means an axle group containing 2 consecutive axles which do not include any liftable or self-steering axles, have the same number and size of tires on each axle, and are attached to the vehicle in a manner that achieves equalised loading between the axles;

         (ww)  "tandem equivalent axle" means a group of 2 consecutive axles within a vehicle, one of which is a lowered lift axle, attached to the vehicle by identical pneumatic suspensions which achieve load equalisation between axles, and fitted with the same number and size of tires on each axle;

          (xx)  "tandem steering axle" means an axle group containing 2 consecutive axles which do not include any liftable or self steering axles, have the same number and size of tires on each axle, both of which whose steering is controlled by the driver of a vehicle to control the direction of travel of the vehicle, and are attached to the vehicle in a manner that achieves equalised loading between the axles;

          (yy)  "tire load rating" means the maximum load a tire is rated to carry at a given inflation pressure, as determined by the manufacturer and stamped on the side of the tire at the time of manufacture;

           (zz)  "track width" means the width of an axle across the outside faces of the tires measured at any point above the lowest point of the rim;

        (aaa)  "tractor" means a motor vehicle designed to and normally used to pull a semitrailer and a full trailer or a semitrailer and another semitrailer;

        (bbb)  "tractor semitrailer" means a combination of vehicles composed of a tractor and a semitrailer;

         (ccc)  "tractor wheelbase" means the longitudinal distance from the centre of the steering axle to the geometric centre of the drive axle group;

        (ddd)  "trailer" means a semitrailer, a full trailer or a pony trailer;

         (eee)  "trailer wheelbase" means the longitudinal distance from the centre of the kingpin of a semitrailer, or the centre of the turntable of a full trailer, or the centre of the hitching device on a pony trailer, to the trailer turn centre;

          (fff)  "triaxle" means a 3 axle group composed of 3 consecutive axles and one axle that is a single axle or a liftable axle or a self steering axle and that are the only axles attached to a trailer;

         (ggg)  "tridem axle" means an axle group containing 3 consecutive axles within a vehicle which do not include any liftable or self-steering axles, have the same number of tires on each axle, are equally spaced and are attached to the vehicle in a manner that achieves equalised loading among the 3 axles;

        (hhh)  "tridem equivalent axle" means a group of 3 consecutive, equally spaced axles within a vehicle comprising one or more lowered lift axles, attached to the vehicle by identical pneumatic suspensions which achieve load equalization between all 3 axles, and fitted with the same number and size of tires on each axle;

            (iii)  "truck" means a motor vehicle, other than a bus, that is designed and normally used to carry cargo, that may operate as a single unit or may pull a trailer other than a semitrailer;

           (jjj)  "turn centre" means the geometric centre of the axle group on a semitrailer or pony trailer or the geometric centre of the rear axle group on a truck, tractor or full trailer;

        (kkk)  "turntable" means a device at the front of a full trailer which permits articulation of the front axle or axle group on the trailer;

            (lll)  "vehicle identification number" means a number consisting of arabic numerals, roman letters, or both, that the manufacturer assigns to the vehicle for identification purposes;

    (mmm)  "warning flag" means a square red flag of orange or red colour with sides that are at least 400 millimetres in length; and

        (nnn)  "width of tire" means the width of the tire as customarily measured and rated by manufacturers of motor vehicles and tires and stamped on the tire at the time of its manufacture.

             (2)  In these regulations, a reference to weight shall also be considered to be a reference to mass.

81/01 s2; 105/14 s1; 95/15 s1

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Weights and dimensions

        3. (1) A person shall not operate a vehicle or combination of vehicles defined in these regulations, unless each axle of its axle configuration is equipped with

             (a)  tires of equal size and equal capacity; and

             (b)  brakes.

             (2)  Unless a special permit has been issued under these regulations, a person shall not operate upon a highway a vehicle or combination of vehicles, either unladen or with load, and equipped with pneumatic tires

             (a)  having a weight in excess of the weight in kilograms represented upon the registration permit issued in respect of that vehicle or combination of vehicles;

             (b)  having a steering axle weight in excess of the registered gross axle weight rating;

             (c)  having a steering axle representing 3,200 kilograms or more of the vehicle’s registered weight with a retreaded tire mounted on a wheel and installed upon that axle;

             (d)  having an axle weight in excess of the maximum weight specified in Schedules A, B and F for an axle configuration;

             (e)  having an axle configuration set out in these regulations where the load on an axle varies by more than 1000 kilograms between adjacent axles in tandem, tandem equivalent, tridem and tridem equivalent axle groups; and

             (f)  having a weight in excess of the allowable gross vehicle weight shown in kilograms in accordance with the Schedule.

81/01 s3; 105/14 s2

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Axle configuration

        4. (1) A person shall not operate upon a highway a vehicle or a combination of vehicles with an axle configuration other than those set out in Schedules A, B and F.

             (2)  For the purposes of calculating registered weight and the issuing of registration permits for vehicles, trailers, truck, tractor and tractor semi-trailer combinations, the weight for each axle configuration shall be as specified in Schedules A, B and F.

             (3)  A vehicle having an axle configuration other than as specified in Schedules A, B and F shall not obtain a registration permit.

             (4)  Notwithstanding subsection (3), the registrar may issue a registration permit for a vehicle having an axle configuration not specified in these regulations subject to terms or conditions that the registrar considers appropriate.

             (5)  A person shall not operate upon a highway a vehicle either unladen or with load, having a wheel weight in excess of 55% of the weight prescribed in these regulations for an axle upon which that wheel is mounted.

             (6)  Notwithstanding the provisions of this section, the minister or a person designated by him or her may determine and fix a lesser maximum load that may be carried over a bridge or section of highway and may erect and maintain signs giving notice of the lesser maximum load.

             (7)  Where the signs referred to in subsection (6) have been erected and maintained, a person shall not drive or move over those bridges or a section of highway a vehicle having a weight, unladen or with load, in excess of the maximum load stated on those signs.

             (8)  Where a vehicle registered under the laws of another jurisdiction may be legally operated within the province without being registered in the province, a person shall not operate that vehicle within the province unless that vehicle is in compliance with these regulations.

81/01 s4; 105/14 s3

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Permitted mass

        5. (1) The maximum permitted weight set out in Schedules A, B and F shall be the maximum weight for which a vehicle or combination of vehicles described in those schedules may be registered.

             (2)  Notwithstanding subsection (1) and subject to section 8, the registrar may register a vehicle or combination of vehicles for a weight greater than the permitted weight set out in Schedules A, B and F where the owner of those vehicles has provided the registrar with a certificate respecting the gross axle weight rating of the steering axle and that other information as may be required by the registrar in order that the registrar may determine a safe registered weight in respect of the vehicle or combination of vehicles where application has been made for a greater registered weight.

             (3)  The certificate provided to the registrar under subsection (2) respecting gross axle weight rating provided by the owner supporting an application for increased weight registration on the steering axle shall have the signature of the manufacturer’s agent as to the technical competence of that axle and attachments.

81/01 s5; 105/14 s4

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Special permit

        6. (1) The minister or a person authorized by him or her may issue a special permit authorizing a person to operate or move a vehicle or combination of vehicles, object, structure or load that exceeds the weight or dimensions specified in these regulations, subject to terms and conditions that the minister or person authorised by him or her considers to be appropriate.

             (2)  A special permit issued in respect of a combination motor vehicle and a trailer or semi-trailer may specify the maximum permitted axle weight of all axles of an axle configuration of that commercial motor vehicle and trailer or semi-trailer either in addition to or instead of specifying the total maximum permitted weight of that commercial motor vehicle and trailer or semi-trailer.

             (3)  A person shall not obtain a special permit for overweight for a vehicle or combination of vehicles, object, structure and load when the registered gross weight is less than the maximum allowable registered gross weight for the vehicle or combination of vehicles for which an application for a special permit is made.

             (4)  An application for a special permit shall be made in the manner required by the minister and shall state the maximum weight on highways or parts of highways over which the vehicle, combination of vehicles, object, structure or load is to be operated or moved and other information that the department may require.

             (5)  Special permits may be in respect of one operation or movement of the vehicle, combination of vehicles, object, structure or load or may be for operations or movements for a limited period of time during any season of the year.

             (6)  A special permit shall be carried in the vehicle, combination of vehicles, object, structure or load to which it refers and shall be produced at the request of a peace officer or officers that are designated by the minister.

             (7)  Notwithstanding a special permit issued under these regulations, a person who drives, operates or moves a vehicle, combination of vehicles, object, structure or load on or over a highway shall, in addition to a penalty imposed elsewhere under these regulations, be liable for damage caused to a highway.

             (8)  A vehicle operated under a special permit authority shall display a sign, notice or symbol in accordance with Schedule D and that sign, notice or symbol shall be displayed to the front and to the rear of the vehicle only when an over dimensional vehicle or load is 3.05 or greater metres in width, 25 or greater metres in length or 4.15 or greater metres in height.

             (9)  If a vehicle, combination of vehicles, object, structure or load is less than the dimensions referred to in subsection (8), that subsection does not apply unless otherwise specified on the special permit.

          (10)  The minister may require a person to whom a special permit is issued to provide a bond sufficient to cover the cost of repairing damage to a highway that may result from the operation or movement of a vehicle, combination of vehicles, object, structure or load otherwise than in accordance with the permit.

          (11)  The minister may revoke a special permit for a reason that he or she considers to be sufficient.

          (12)  A person shall not operate upon a highway a vehicle or combination of vehicles travelling under special permit authority when the gross weight or the axle weight of an axle group of that vehicle or combination of vehicles exceeds the weight authorized by the special permit.

          (13)  A person shall not operate upon a highway a vehicle or combination of vehicles that exceeds the axle weight or gross vehicle weight authorized by a special permit.

          (14)  If a violation of this section occurs,

             (a)  the person who is responsible for that violation commits an offence and is liable on summary conviction to a fine of $110 for each offence;

             (b)  an additional penalty as set out in subsection 10(1) shall be imposed as it pertains to excess gross weight or shall be cumulative of the excess weight per each individual configuration, whichever is greater;

             (c)  the movement shall be stopped; and

             (d)  the load shall be reduced to comply with these regulations.

81/01 s6

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Excessive axle mass

        7. (1) A person shall not operate a vehicle, either unladen or with load, upon a highway and the vehicle shall not be registered under subsection 5(1) and (2) where

             (a) an axle weight of a vehicle exceeds 10 kilograms per millimetre of the tire manufacturer's rated tire width; or

             (b)  an axle weight for a non-steering axle exceeds 3000 kilograms per tire in respect of all tires installed on the wheels of the non-steering axle.

             (2)  Notwithstanding (1)(b) a person shall not operate a vehicle either unladen or with load, upon a highway and the vehicle shall not be registered under subsection 5(1) and (2) where

             (a)  an axle weight for a non-steering axle which is fitted with two single tires each of which has a width of 445 millimetres or greater exceeds 7700 kilograms for a single axle;

             (b)  an axle weight for a non-steering axle which is fitted with two single tires each of which has a width of 445 millimetres or greater exceeds 15,400 kilograms for tandem axle group; or

             (c)  an axle weight for a semitrailer axle which is fitted with 2 single tires each of which has a width of 445 millimetres or greater exceeds

                      (i)  21,000 kilograms for tridem axle groups with spread from 2.4 metres to less than 3.0 metres,

                     (ii)  23,000 kilograms for tridem axle groups with spread from 3.0 metres to less than 3.6 metres, or

                    (iii)  23,100 kilograms for tridem axle groups with spread from 3.6 metres to 3.7 metres.

             (3)  For trailers built in 2009 or earlier, the minimum track width for trailer axles fitted with two single tires each with a 445 millimetres width or greater must be no less than 2.3 metres.

             (4)  For trailers built in 2010 or later, the minimum track width for trailer axles fitted with 2 single tires each with a 445 millimetres width or greater must be no less than 2.45 metres.

             (5)  A trailer built in or after 2010 that is converted from dual to single tires must bear a label adjacent to the original compliance label that:

             (a)  identifies the company, or authorized dealer of a company, under the Motor Vehicle Safety Act (Canada ) that converted the trailer; and

             (b)  indicates the revised tire and wheel size designation and revised gross vehicle and axle weight ratings.

37/08 s1; 105/14 s5

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Non-application

        8. These regulations, except subsections 3(1) and 4(5), shall not apply to the operation of a vehicle upon a highway or a portion of a highway that has been designated by the minister or a person appointed by him or her, for purposes incidental to the construction of that highway

             (a)  where there is represented on the permit for the vehicle the maximum weight that is allowable under the Act and the regulations; or

             (b)  where the vehicle is carrying gravel, sand, stone, asphalt, cement, paving materials and other materials used in highway construction.

81/01 s8

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Prohibited vehicles

        9. Notwithstanding section 7, a person shall not drive or draw on a highway

             (a)  a vehicle or combination of vehicles not specified in the Schedule or having dimensions not in accordance with a specified vehicle or combination of vehicles in Schedules A, B and F;

             (b)  a truck or truck-tractor with an overall length inclusive of front and rear bumpers plus a load on that vehicle in excess of 12.5 metres;

             (c)  a 2 axle or 3 axle intercity bus with an overall length, inclusive of front and rear bumpers, in excess of 14 metres;

             (d)  a combination of vehicles such as a truck-trailer or truck tractor semi-trailer combination with an overall length in excess of those lengths described in Schedules A, B and F;

             (e)  a semi-trailer

                      (i)  subject to subparagraph (ii), with an overall length in excess of 14.65 metres unless the semi trailer is equipped as detailed in Schedule E,

                     (ii)  in excess of 16.2 metres,

                    (iii)  with an overall length less than or equal to 14.65 metres and manufactured on or after December 1, 1993 , unless the semi-trailer is equipped with a conspicuity system according to the requirements of the Motor Vehicle Safety Act (Canada), and regulations made under that Act, or

                    (iv)  after December 31, 2001 , with an overall length less than or equal to 14.65 metres and manufactured before December 1, 1993 , unless the semi-trailer is equipped with a conspicuity system according to the requirements of the Motor Vehicle Safety Act (Canada) and the regulations made under that Act;

             (f)  an A train double, B train double or C train double combination with an overall length in excess of 23 metres unless the trailers are equipped a described in Schedule E;

             (g)  a vehicle or combination of vehicles that does not comply with the dimension requirements of Schedules A, B and F;

             (h)  [Rep. by 95/15 s2]

              (i)  a vehicle that, including its load or contents, has a greater width than 2.6 metres except

                      (i)  traction engines, threshing machines or loads of loose fodder which may have a total width of not more than 2.8 metres,

                     (ii)  rear view mirrors that may extend to not more than 30 centimetres on each side beyond the maximum vehicle width of 2.6 metres, or

                    (iii)  auxiliary equipment and/or devices not designed or used to carry cargo that may extend to not more than 10 centimetres on each side beyond the maximum width of 2.6 metres;

           (i.1)  notwithstanding paragraph (i), a vehicle used for the purpose of snow clearing or winter maintenance which, including its auxiliary equipment or attachments, has a total width of more than 3.66 metres;

              (j)  a vehicle which, including its load or content, has an overall height above the surface of the highway greater than 4.15 metres, except that in the case of a vehicle referred to in Schedule F which, including its load or content, has an overall height above the surface of the highway greater than 4.3 metres;

             (k)  a trailer

                      (i)  with an overall width greater than or equal to 2.05 metres and having a registered or required to be registered maximum gross vehicle weight rating exceeding 4500 kilograms and manufactured on or after December 1, 1993 unless the trailer is equipped with a conspicuity system according to the requirements of the Motor Vehicle Safety Act (Canada) and the regulations made under that Act, or

                     (ii)  after December 31, 2001 , with an overall width greater than or equal to 2.05 metres and having a registered or required to be registered maximum gross vehicle weight rating exceeding 4500 kilograms and manufactured before December 1, 1993 unless the trailer is equipped with a conspicuity system according to the requirements of the Motor Vehicle Safety Act (Canada) and the regulations made under that Act; or

              (l)  a combination of vehicles consisting of more than 2 vehicles unless the combination meets the criteria of a train combination as described in Schedules A and B.

81/01 s9; 37/08 s2; 103/10 s1; 105/14 s6; 95/15 s2

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Aerodynamic devices

      9.1 (1) Flexible aerodynamic devices installed at the rear of trucks, trailers and semi-trailers shall not be included in the measurement of overall length, trailer length, semi trailer length, box length and effective rear overhang where

             (a)  the device is capable of being folded so that it does not protrude more than 0.305 metres beyond the rear of the vehicle;

             (b)  the aerodynamic device is not designed or used to carry cargo;

             (c)  any portion of the device more than 1.9 metres above the ground does not protrude more than 1.52 metres beyond the rear of the vehicle; and

             (d)  any portion of the device within 1.9 metres of the ground does not protrude beyond a transverse vertical plane intersecting a point that is 1.74 metres above the ground and 1.21 metres beyond the rear of the vehicle.

             (2)  The transverse vertical plane in paragraph (1)(d) shall start from the lowest point at the rear of the vehicle or, where the vehicle is equipped with a rear impact guard, from the rear bottom edge of the rear impact guard.

95/15 s3

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Penalty

      10. (1) Where a person commits an offence under subsection 3(2) or section 4, that person is liable on summary conviction to a fine of $100. plus

             (a)  $1.20 for each 50 kilograms of the first 2,300 kilograms;

             (b)  $2.40 for each 50 kilograms of the excess weight over 2,300 kilograms but not over 4,500 kilograms;

             (c)  $3.60 for each 50 kilograms of the excess weight over 4,500 kilograms but not over 7,000 kilograms;

             (d)  $4.80 for each 50 kilograms of the excess weight over 7,000 kilograms but not over 9,000 kilograms; and

             (e)  $6 for each 50 kilograms of the excess weight over 9,000 kilograms.

             (2)  Where a vehicle has a dimension in excess of dimensions specified in section 9, the penalty shall be

             (a)  $100 where less than or equal to 0.5 metres overdimension;

             (b)  $150 where greater than 0.5 metres but less than 1.77 metres overdimension;

             (c)  $300 where greater than or equal to 1.77 metres but not more than 2.6 metres; and

             (d)  $750 where greater than 2.6 metres overdimension.

             (3)  In addition to the penalty imposed, in no case shall an overweight or overdimension proceed until a special permit has been obtained and all conditions attached have been complied with.

81/01 s10

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Calculation of penalty

      11. (1) For the purpose of calculating the penalty under subsection 10(1), a fraction of 50 kilograms

             (a)  being not less than 25 kilograms shall be considered to be 50 kilograms; and

             (b)  if less than 25 kilograms shall be discounted.

             (2)  A person who fails to comply with or otherwise contravenes the terms or conditions prescribed in or in respect of or attached to a special permit issued under section 6, in addition to the penalty prescribed by the Act or the regulations for that failure or contravention, is liable on summary conviction to an additional fine of not less than $600.

             (3)  For the purposes of calculating the penalty under subsection 10(2) the amount of overdimension shall be measured from the legal dimension and not from the specified dimension in the special permit.

81/01 s11

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Non-application to designated highway

      12. (1) These regulations do not apply to the operation of a vehicle upon a highway or a portion of a highway that has been designated by the minister or a person designated by him or her as requiring a reduction in gross weight during particular periods at or between specified times or on specified occasions or in particular circumstances.

             (2)  The gross weight reduction referred to in subsection (1) shall not exceed a specified percentage of the registered weight or the weight of each axle group as permitted by Schedules A, B and F.

81/01 s12; 105/14 s7

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Additional penalties

      13. A person who fails to obtain a special permit and operates or moves a vehicle or combination of vehicles, object or structure which exceeds the dimensions specified in these regulations is guilty of an offence for which the fine will be $600 in addition to another fine levied under these regulations.

81/01 s13

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Qualities of special permits

      14. (1) A special permit shall at all times remain the property of the Crown and shall, upon request, be returned to the minister.

             (2)  A special permit shall at all times be subject to withdrawal, suspension or cancellation by the minister for violations of the Highway Traffic Act or the regulations made under that Act or for failing to comply with the terms and conditions of a special permit.

             (3)  A special permit is not valid unless carried in the cab of the transporting unit and all terms and conditions are complied with.

81/01 s14

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Logging trucks

      15. (1) Notwithstanding another provision of these regulations, the minister may issue a special permit to a logging truck in a B train double configuration allowing the lead axle of the tridem axle group to be a liftable axle.

             (2)  A logging truck issued a special permit under subsection (1) will be subject to

             (a)  the same weights under these regulations as if the axle was fixed; and

             (b)  those terms and conditions as may be attached to the special permit.

81/01 s15

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Exemption

      16. (1) A vehicle operated by or on behalf of the Department of Works Services and Transportation for the purpose of winter snow clearing shall be exempt from weight limitations described in these regulations provided that the vehicle’s overall weight does not exceed the manufacturer’s gross vehicle weight rating and each axle weight does not exceed the manufacturer’s gross axle weight rating for that axle.

             (2)  A vehicle operated for the purpose of snow clearing or winter maintenance by or on behalf of a municipal, provincial or federal authority shall be exempt from the width limitations described in these regulations.

81/01 s16; 103/10 s2

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Transitional

      17. (1) Subject to subsections (2) to (15), limits contained in Schedules A and B shall apply

             (a)  with respect to weight and dimension limits, to all new vehicles having a model year of 2003 and later; and

             (b)  to all vehicles with respect to weight and dimension limits commencing after December 31, 2009 .

             (2)  A vehicle or combination of vehicles, excluding a tractor and a truck, that, upon the date of coming into force of these regulations does not meet the interaxle spacing requirements of schedules A and B and

             (a)  complies with the former regulations, may continue to operate in the province in accordance with the former regulations until December 31, 2009 ; and

             (b)  does not comply with the former regulations, shall comply with the knockdown provisions of Schedule C provided that the vehicle or combination of vehicles complies with all other dimensional requirements of Schedules A and B.

             (3)  Equipment on a model year 2002 and earlier vehicle that does not meet the dimensional requirements of these regulations may operate in the province in accordance with the former regulations until December 31, 2009 .

             (4)  After December 31, 2004 , a liftable axle on a model year 2003 or later vehicle will not be recognised for contribution to the allowable gross vehicle weight in other than tandem equivalent groups and tridem equivalent groups.

             (5)  Upon the coming into force of these regulations, an axle group of 2 consecutive axles on a model year 2002 or earlier vehicle that does not constitute a tandem axle or a tandem equivalent axle may operate at weight limits in the former regulations until December 31, 2009 , after which date the vehicle shall have a maximum axle group mass of 9100 kilograms.

             (6)  Upon the coming into force of these regulations, an axle group of 3 consecutive axles on a model year 2002 or earlier vehicle that does not constitute a tridem axle, a tridem equivalent axle or a triaxle, may operate in accordance with the former regulations until December 31, 2009 , after which date that vehicle shall have a maximum axle group weight of 18000 kilograms.

             (7)  A model year 2002 and earlier tractor or semitrailer configuration with an end dumping mechanism that does not comply with the dimension requirements of these regulations may operate in the province in accordance with the weights permitted under the former regulations until December 31, 2004 regardless of its interaxle spacing between the tractor drive axle group and the semitrailer axle group.

             (8)  After December 31, 2004 , a tractor or semitrailer configuration referred to in subsection (7) may operate in the province until December 31, 2009 at the weights permitted in the former regulations provided that the interaxle spacing between the tractor drive axle group and the semitrailer axle group is at least 2.6 metres.

             (9)  Notwithstanding another provision of these regulations, a model year 2002 or earlier semitrailer with a

             (a)  tandem axle group having a spread that is greater than 1.85 metres may operate in the province with an axle group weight of not more than 18,000 kilograms; and

             (b)  tridem axle group having a spread that is greater than 3.7 metres may operate in the province with an axle group weight of not more than 26,000 kilograms.

          (10)  A model year 2002 and earlier triaxle semitrailer may operate in the province with a weight applicable to an axle group spread that complies with the former regulations.

          (11)  A model year 2003 and later triaxle semitrailer may operate in the province with a weight applicable to an axle group spread that complies with the former regulations until December 31, 2004 and after that date the weight limit for that triaxle semitrailer shall not exceed 18000 kilograms.

          (12)  A dump truck may operate in the province with a load limit that complies with the former regulations until December 31, 2004 and after that date that dump truck shall operate in the province with a load limit that complies with these regulations.

          (13)  The automatic application of tolerances on axle or gross vehicle weight limits, published or not, shall not occur after December 31, 2005 .

          (14)  Except as provided in subsections (9) and (10), weight and dimension limits that differ from those contained in Schedules A and B shall not apply after December 31, 2009 .

          (15)  In this section

             (a)  "dump truck" means a vehicle designed and used for the transportation of asphalt, rock, sand, fill, coal, minerals, salt, snow or other materials that can be loaded, transported and unloaded in the usual manner of a dump truck without causing undue damage to the materials but does not include a vehicle equipped with and used for a plough; and

             (b)  "former regulations" means the Vehicles Regulations, Newfoundland Regulation 988/96.

81/01 s17; 112/09 s1

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Repeal

      18. Subject to section 17, the Vehicles Regulations, Newfoundland Regulation 988/96, are repealed.

81/01 s18

pdfs of Schedules A to F