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Newfoundland Regulation 1999


NEWFOUNDLAND REGULATION 87/99

NEWFOUNDLAND REGULATION 87/99

Official Inspection Station Regulations (Amendment)
under the
Highway Traffic Act
(O.C. 99-446)

(Filed September 30, 1999)

Under the authority of subsection 196(1) of the Highway Traffic Act, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John’s, September 17, 1999.

John R. Cummings, Q.C.
Clerk of the Executive Council

REGULATIONS

Analysis


        1.   S.2 Amdt.
Definitions

        2.   S.8 Amdt.
Vehicle safety inspection

        3.   S.8.1 Added
Operation of salvage vehicle

        4.   S.10 Amdt.
Inspection required

        5.   Sch. B Amdt.


CNR 1002/96
as amended

        1. (1) Subparagraph 2(c)(i) of the Official Inspection Station Regulations is amended by deleting the words "total loss vehicles" and substituting the words "salvage vehicles".

             (2)  Subparagraph 2(c)(ii) of the regulations is repealed and the following substituted:

                     (ii)  for the inspection of commercial vehicles, buses, school buses and disabled passenger vehicles, a person who holds a certificate from the Industrial Training Division of the Department of Education in the motor vehicle repair trade or the heavy duty trade, who holds a valid Newfoundland driver's licence within a minimum Class 5 endorsement, and has been authorized by the registrar to perform vehicle safety inspections and includes an inspector or an officer of a police force, or

                    (iii)  for the inspection of salvage vehicles a person who holds a journeyman's certificate from the Industrial Training Division of the Department of Education in the auto body repair trade, or a person who can provide evidence, acceptable to the registrar, of 5 years' experience in the auto body repair trade and has completed I-Car training;

             (3)  Section 2 of the regulations is amended by inserting immediately after paragraph (l) the following:

           (l.1)  "rebuilt vehicle" means a salvage vehicle which has been rebuilt and inspected for the purpose of registration or transfer of ownership;

             (4)  Paragraph 2(s) of the regulations is repealed.

        2. Subsection 8(1) of the regulations is amended by deleting the words "total loss" whenever they appear and substituting the word "salvage".

        3. The regulations are amended by adding immediately after section 8 the following:

Operation of salvage vehicle

      8.1 (1) A person shall not operate or permit to be operated a salvage vehicle on a highway unless that vehicle has been determined by the registrar to be a rebuilt vehicle.

             (2)  A person shall not operate or permit to be operated on a highway a vehicle which has been determined to be a non-repairable vehicle.

             (3)  A person may move a salvage vehicle from a place of repair to an official inspection station authorized to inspect salvage vehicles according to the requirements established in the Act for the movement of a non-registered vehicle.

             (4)  The owner or purchaser of a salvage vehicle shall upon registration provide the registrar with a copy of

             (a)  the Salvage Vehicle Post Inspection Certificate; and

             (b)  any other documentation the registrar may require.

             (5)  Upon receiving a report under subsection 41(3) of the Act, the registrar shall brand the vehicle registration as non-repairable.

             (6)  A person who contravenes the requirement of subsection (1) or (2) is guilty of an offence and on summary conviction is liable to a fine of not less than $100 nor more than $600.

        4. Subsection 10(5) of the regulations is repealed and the following substituted:

             (5)  A salvage vehicle shall not be operated upon a highway unless it

             (a)  has been inspected at an official inspection station; and

             (b)  has been issued a vehicle inspection certificate.

          (5.1)  Subsection (5) applies notwithstanding the age of the salvage vehicle.

        5. Schedule B of the regulations is amended by deleting the row pertaining to the Vehicle Class "total loss vehicles".