NEWFOUNDLAND AND LABRADOR
REGULATION 91/01

Motor Carrier Regulations (Amendment)
under the
Motor Carrier Act
(O.C. 2001-279)

(Filed December 17, 2001)

Under the authority of section 28 of the Motor Carrier Act, the Lieutenant-Governor in council makes the following regulations.

Dated at St. John's, May 17, 2001.

Deborah E. Fry
Clerk of the Executive Council

REGULATIONS

Analysis

        1.   S.2 Amdt.
Definitions

        2.   S.6 Amdt.
Application for certificate

        3.   S.10 Amdt.
Public convenience

        4.   S.11 Amdt.
Request for hearing

        5.   S.12 Amdt.
No request for hearing

        6.   S.13 Amdt.
Notice of hearing

        7.   S.17 Amdt.
Applicant's evidence

        8.   S.22 Amdt.
Procedure at hearing

        9.   S.23 Amdt.
Board to evaluate benefits

      10.   S.24 Amdt.
Determination criteria

      11.   S.25 Amdt.
Irrelevant considerations

      12.   S.26 Amdt.
Adequacy of service

      13.   S.28 Amdt.
Terms of certificate

      14.   S.33 Amdt.
Regular passenger service

      15.   S.34 Amdt.
Irregular passenger service

      16.   S.35 Amdt.
Restriction of operation

      17.   S.40 Amdt.
Identification of ambulance

CNLR 965/96
as amended

        1. (1) Paragraph 2(e) of the Motor Carrier Regulations is amended by striking out the words "public passenger".

             (2)  Section 2 of the regulations is amended by adding immediately after paragraph (i) the following:

           (i.1)  "bus service" means a service that transports passengers as described in paragraph 4(1)(b) of the Act;

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

           (j.1)  "certificate" means a certificate to operate a public service vehicle, issued under section 6 of the Act;

             (4)  Paragraph 2(m) of the regulations is amended by striking out the words "public passenger" and substituting the word "bus".

             (5)  Paragraph 2(r) of the regulations is repealed.

             (6)  Paragraphs 2(t) and (u) of the regulations are amended by striking out the words "public passenger".

 

        2. (1) Paragraph 6(c) is repealed and the following substituted:

             (c)  particulars of the vehicle to be used to provide the service including type and maximum mass, passenger capacity, and where the vehicle is registered, the motor vehicle plate number;

             (2)  Paragraph 6(e) of the regulations is repealed and the following substituted:

             (e)  a timetable and the fares to be charged if the application is for a bus service;

             (3)  Section 6 of the regulations is amended by adding the word "and" immediately after the semi-colon at the end of paragraph (g).

             (4)  Paragraph 6(h) is repealed.

 

        3. Subsection 10(3) of the regulations is amended by adding the words "and Community Services" immediately after the word "Health".

 

        4. Section 11 of the regulations is repealed and the following substituted:

Request for hearing

      11. If within 20 days after the publication of the notice of application to operate an ambulance service the board has received a written request that it hold a hearing for the consideration of the application and 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 and Community Services.

 

        5. Section 12 of the regulations is amended by striking out the words "public service passenger certificate" and substituting the words "certificate to operate a public service vehicle".

 

        6. Section 13 of the regulations is amended by striking out the words "public service passenger certificate" and substituting the words "certificate to operate a bus service".

 

        7. Section 17 of the regulations is amended by adding the words "to operate an ambulance service" immediately after the word "application".

 

        8. Section 22 of the regulations is amended by adding the words "to operate a bus service" immediately after the word "application".

 

        9. Subsection 23(1) of the regulations is amended by striking out the words "public service passenger operation" and substituting the words "bus service".

 

      10. Section 24 of the regulations is amended by striking out the words "public service passenger operation" and substituting the words "bus service".

 

      11. Section 25 of the regulations is amended by striking out the words "public service passenger operation" and substituting the words "bus service".

 

      12. Section 26 of the regulations is amended by striking out the words "public service passenger operation" and substituting the words "bus service".

 

      13. (1) Paragraph 28(d) of the regulations is amended by striking out the words "public service vehicles" and substituting the word "buses".

             (2)  Paragraph 28(e) of the regulations is amended by striking out the words "public passenger service or for another" and substituting the word "bus".

 

      14. Subsection 33(1) of the regulations is amended by striking out the words "regular public passenger service" and substituting the words "bus service".

 

      15. Section 34 of the regulations is amended by striking out the words "public passenger".

 

      16. Section 35 of the regulations is amended by striking out the words "as a public passenger vehicle".

 

      17. Paragraph 40(1)(c) of the regulations is amended by striking out the word and comma "name,".

©Earl G. Tucker, Queen's Printer