This is an official version. Copyright © 2006: Queen's Printer, Important Information
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. Dated at A. Faour REGULATIONS Analysis 1. S.3
Amdt. 2. Ss.10 & 11 Added 3. Ss.17
to 21 Added 4. Ss.40
to 51 Added 5. Sch
Amdt. CNR 965/96 1. Section 3 of the Motor Carrier Regulations is repealed and the following
substituted: Exempted vehicles 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: Public convenience 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: Applicant's evidence 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. Irrelevant considerations 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. Ambulance compartments 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. Compartment standards 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. Ambulance interior 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. Ambulance equipment 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. Medical equipment 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; (l) bandages (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. Equipment storage 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. Mechanical inspection 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. Ambulance repairs 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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