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Newfoundland Regulation 1997
Motor Carrier Regulations (Amendment)
(Filed April 2, 1997)
Under the authority of section 28 of the Motor Carrier Act, the Lieutenant-Governor in Council makes the following regulations.
2. Ss.10 & 11 Added
to 21 Added
to 51 Added
5. Sch Amdt.
1. Section 3 of the Motor Carrier Regulations is repealed and the following substituted:
3. A vehicle is exempt from the provisions of the Act while being used exclusively as a car pool vehicle.
2. The regulations are amended by adding immediately after section 9 the following:
10. (1) Further to subsection 7(2) of the Act, the board must be assured an application meets the requirements of public convenience and necessity before the granting of a certificate for an ambulance service.
(2) The board may in its discretion deny the application, grant the certificate in whole or in part, or may set a time and place for the hearing of the application.
(3) The board shall notify all parties, including the Department of Health, of the time and place of a hearing held under this section.
Request for hearing
11. If within 20 days after the publication of the notice of application the board has received a written request it hold a hearing for the consideration of the application and if the board determines that a hearing is necessary under subsection 9(4) of the Act, the board shall set the time and place of a hearing and shall publish a notice in the Gazette at least 10 days before the hearing and in another manner as the board may consider necessary or desirable and a copy of the notice shall be mailed to the applicant or his or her counsel or agent, to the person who requested the hearing and to the Department of Health.
3. The regulations are amended by adding immediately after section 16 the following:
17. At a hearing of an application, the board shall first hear the presentation of the applicant’s evidence that the proposed service would meet public convenience and necessity.
Hearing on ambulance service
18. (1) In determining whether the operation of an ambulance service in respect of which a certificate is sought meets the requirements of public convenience and necessity, the board shall evaluate the benefits and detriments of the proposed service.
(2) The application shall be denied when on the balance of probabilities the benefits as offset by the detriments fail to meet the requirement of public convenience and necessity.
Need for service criteria
19. In determining whether or not the operation of an ambulance service in respect of which a certificate is sought would meet the requirements of public convenience and necessity, the board shall take into consideration
(a) an objection to the application by a person already providing ambulance facilities whether by highway, water, air or rail on the routes or between the places which the applicant intends to serve on the basis that suitable facilities are, or, if the certificate were issued, would be in excess of requirements for the area;
(b) the general effect on other ambulance services and public interest which may be affected by the issuance of the certificate;
(c) the quality and permanence of the service to be offered by the applicant;
(d) fitness as determined by the safety rating supplied by the registrar;
(e) willingness and ability of the applicant to provide proper service; and
(f) another matter that in the opinion of the board is relevant or material to the application.
20. The nationality of ownership or domicile of an applicant are not relevant considerations in the determination of whether or not the proposed ambulance service meets or fails to meet the requirement of public convenience and necessity.
Existing service adequacy
21. The adequacy of existing ambulance service is relevant to the determination as to whether or not the proposed ambulance service meets the requirement of public convenience and necessity.
4. The regulations are amended by adding immediately after section 39 the following:
Identification of ambulance
40. (1) Notwithstanding section 36, each motor carrier who operates an ambulance
(a) shall paint his or her ambulance white with a solid orange band around the base of the vehicle and another solid orange band around the middle of the vehicle, both of not more than 30 centimetres nor less than 15 centimetres in width as may be appropriate to the design of the vehicle;
(b) shall paint the word "ambulance" in the colour orange measuring at least 75 centimetres in length by 8 centimetres in height above, below or as part of the coloured band around the middle of the vehicle so as to be on a white background once on the rear and in mirror image on the front; and
(c) shall paint in a contrasting colour the name, telephone and motor carrier certificate number of the operator in 3 lines and in letters at least 5 centimetres in height on each side of the motor vehicle.
(2) In addition to the requirements set out in subsection (1), an operator may elect to have a vertical stripe or stripes on the rear of the vehicle of the same dimensions as in paragraph (1)(a) as appropriate to the design of the vehicle with a combined width not to exceed 30 centimetres.
41. (1) Every ambulance shall be divided by a partition into 2 compartments
(a) a compartment for the person or persons being transported; and
(b) a compartment for the driver.
(2) The partition mentioned in subsection (1) shall contain a sliding door or walk through opening that permits a person to go from one compartment to the other.
42. The compartment in an ambulance that is used for transporting persons shall
(a) be fully insulated in the ceiling and walls and soundproof;
(b) have minimum internal dimensions of at least 250 centimetres in length by 150 centimetres in width at the base of the windows by 130 centimetres in height;
(c) have drapes or frosted glass on the side windows of the ambulance;
(d) allow for the accommodation of 2 stretcher patients or one stretcher patient and 2 sitting patients;
(e) accommodate at least one upholstered attendant’s seat located at the head of the main ambulance cot and facing the rear of the ambulance; and
(f) have an electrical system controlled independently from that of the remainder of the ambulance.
Location of door
43. (1) Each ambulance shall have
(a) a door located at the rear of the ambulance measuring 113 centimetres in height by 113 centimetres in width; and
(b) a door located at the side of the ambulance measuring 113 centimetres in height by 75 centimetres in width.
(2) Each of the doors mentioned in subsection (1) must give access to the compartment in the ambulance reserved for the persons being transported.
44. Every motor carrier who operates an ambulance shall ensure that the ambulance
(a) has a non-skid surface of easy maintenance covering the steps and floor of the compartment reserved for the persons being transported;
(b) is equipped with straps and fasteners anchored to the floor and walls to ensure immobilization of the stretcher and the safety and comfort of all persons being transported; and
(c) has a temperature regulation control and a ventilation control to maintain a minimum temperature of 20° Celsius for all seasons with a heater separate from that in the driver compartment and a power exhaust in the ceiling of the compartment used to transport persons.
45. Every ambulance operated in the province shall be equipped with the following:
(a) at least 2, 15 centimetre dome lights in the ceiling of the compartment reserved for persons transported;
(b) an easily accessible storage space for equipment and linens;
(c) a wall-mounted cabinet for medical supplies with not less than 0.1 m3 storage space;
(d) an I.V. hook in the ceiling of the patient compartment or an I.V. pole near the head of the stretcher;
(e) at least one flashing or rotating red light containing at least 2 sealed beam units mounted on the roof;
(f) flashing red lights located at each corner of the roof;
(g) a flood light mounted over the rear door;
(h) an intermittent hooter or a siren;
(i) 2 A B C class dry chemical fire extinguishers of 1.23 kilograms capacity approved by the Provincial Fire Commissioner;
(j) at least one spare wheel and tire accessible without having to move the stretchers;
(k) 2 tire chains;
(l) 2 battery operated hand lanterns each with a sealed reflector measuring at least 7.5 centimetres in diameter;
(m) 2 roadside flares or reflectors;
(n) one spade;
(o) one pry bar approximately 120 centimetres in length; and
(p) one piece of rope measuring at least 5 metres in length and 2 centimetres in thickness.
46. Every ambulance shall be equipped with the following medical equipment:
(a) one multi-level ambulance cot with waterproof covered mattress and restraint belts;
(b) one folding stretcher with restraint belts;
(c) oxygen equipment including
(i) at least 2 cylinders size 5, old type E, with a capacity of not less than 670 litres or 25 cubic feet, under pressure of at least 13.79 MPa or 2000 pounds per square inch,
(ii) one regulator and one flowmeter per cylinder,
(iii) 9 face masks of assorted sizes suitable for the administration of oxygen to children and adults and capable of delivering controlled low, medium and high concentration of oxygen, and
(iv) face masks will consist of 3 in one type adult, 3 venturi type paediatric and 3 venturi type adult,
and oxygen cylinders referred to in subparagraph (i) shall be replaced by fully pressurized cylinders when the pressure lowers to 4.83 MPa or 700 pounds per square inch and at least one cylinder shall be full before every patient call;
(d) suction apparatus
(i) a portable suction apparatus, and
(ii) a fixed suction apparatus;
(e) a resuscitator, for example, a self-inflating bag type with non-sticking valve, Ambu bag;
(f) 2 fracture boards - one spinal type 180 centimetres by 40 centimetres and one neck type 85 centimetres by 45 centimetres;
(g) a splint set, cardboard, plastic or inflatable;
(h) one lower limb traction apparatus, Thomas splint;
(i) a bed pan, a urinal and an emesis basin;
(j) 2 airways, one adult and one child;
(k) 2 positioning sandbags weighing 1.8 kilograms each;
(i) 6 kling type - 2.5 centimetres wide,
(ii) 6 kling type - 7.5 centimetres wide,
(iii) 6 kling type - 15 centimetres wide, and
(iv) 12 triangular slings;
(m) sterile dressings
(i) 24 gauze pads 10 centimetres by 10 centimetres,
(ii) 12 pressure pads, Department of National Defence field dressings or equivalent type, and
(iii) 6 eye pads;
(n) 3 rolls of fresh adhesive tape in 2.5, 5 and 7.5 centimetres widths;
(o) bandage scissors, one for each operator;
(p) utility or household scissors;
(q) 25 large safety pins;
(r) deodorant spray, for example, Lysol, San Vieno;
(s) splinter and dressing tweezers in sterile condition;
(t) adhesive dressings assorted sizes, band-aid;
(u) 4 blankets;
(v) 4 cotton sheets or the equivalent;
(w) 2 plastic sheets or the equivalent;
(x) 2 pillows; and
(y) 4 linen pillow cases and 2 plastic pillow cases.
47. Every motor carrier who operates an ambulance shall ensure that
(a) all objects and items of equipment not in use shall be firmly attached or stored in closed compartments; and
(b) fluid containers used in the ambulance are made of a pliable material.
Use of ambulance restricted
48. (1) A motor carrier who operates an ambulance may not use or permit the use of an ambulance for a purpose not directly related to providing ambulance services.
(2) Notwithstanding subsection (1), where the services of a funeral director are unavailable, a motor carrier who operates an ambulance service may use or permit the use of an ambulance for purposes of an autopsy at the request of a medical officer or a police officer.
49. Every motor carrier who operates an ambulance service shall at least once every 6 months, at intervals of not less than 150 days apart, cause each ambulance used in his or her ambulance service to be inspected by an authorized mechanic appointed under the Highway Traffic Act and immediately forward a copy of the inspection certificate to the registrar.
50. Where an inspection made under section 49 discloses that an ambulance is not mechanically fit, the motor carrier shall ensure that the ambulance is not used until all repairs required to render it mechanically fit have been made.
Duty of operator
51. Every motor carrier who operates an ambulance shall maintain every ambulance in his or her ambulance service and the equipment required by these regulations
(a) in a safe mechanical condition;
(b) in a clean and sanitary condition; and
(c) in proper working order.
5. The regulations are amended by adding immediately after the offences associated with subsection 37(2) the following:
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