This is an official version.

Copyright © 2006: Queen's Printer,
St. John's, Newfoundland and Labrador, Canada

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Newfoundland and Labrador
Regulation 2005


NEWFOUNDLAND AND LABRADOR REGULATION 106/05

NEWFOUNDLAND AND LABRADOR
REGULATION 106/05

Carrier Safety Regulations (Amendment)
under the
Highway Traffic Act

(Filed November 24, 2005)

Under the authority of section 197 of the Highway Traffic Act, I make the following regulations.

Dated at St. John's, November 23, 2005.

Dianne Whalen
Minister of Government Services

REGULATIONS

Analysis


        1.   S.2 Amdt.
Definitions

        2.   S.4 R&S
Registration

        3.   S.5 Amdt.
Duties and powers of registrar

        4.   S.7 R&S
Carrier rating

        5.   S.8 R&S
Out of province carriers

        6.   Ss. 9, 10 & 11 R&S
9.     Maximum compliance
        indicators
10.   Safety rating
11.   Interventions
11.1 Interventions
11.2 Interventions
11.3 Interventions
11.4 Registrar discretion

        7.   S.12 Amdt.
Compliance indicators

        8.   S.14 Amdt.
Records

        9.   S.16 Amdt.
Hearing

      10.   S.17 Amdt.
Fleet suspension

      11.   Ss. 20, 21, 22, 23 & 24 Added
20.   Facility audit score
21.   Facility audit of
        vehicles
22.   Facility audit of
        drivers
23.   Transitional
24.   Offence

      12.   Sch. R&S

      13.   Commencment


CNLR 1160/96
as amended

        1. (1) Paragraph 2(f) of the Carrier Safety Regulations is repealed and the following substituted:

              (f)  "compliance indicator" means the numerical value specified in these regulations for an inspection defect, accident or conviction;

             (2)  Section 2 of the regulations is amended by adding immediately after paragraph (s) the word "and".

             (3)  Paragraphs (t), (u) and (v) of the regulations are repealed and the following substituted:

              (t)  "total compliance indicator" means the numerical total of a carrier's accumulated inspection compliance indicators, conviction compliance indicators and accident compliance indicators.

 

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 Section 4 of the regulations is repealed and the following substituted:

Registration

        4. (1) A carrier or person shall not operate, allow or cause to be operated a commercial vehicle upon a highway unless the carrier responsible for that vehicle

             (a)  has applied to be registered under these regulations and 90 days have not passed since that application was made; or

             (b)  is registered and has a safety rating of "satisfactory-audited", "satisfactory-unaudited" or "conditional".

             (2)  A carrier shall apply to the registrar to be registered as a carrier under these regulations.

             (3)  An application made under subsection (2) shall be in the form, and shall contain the information required by the registrar.

             (4)  An application for registration under subsection (2) shall be submitted to the registrar not more than 60 days after the applicant commences operation as a carrier.

             (5)  Where a carrier fails to submit an application in the form required by the registrar or within the time required under subsection (4), the registrar shall notify that carrier, in writing, that the form has not been submitted and shall extend the time by which the form is to be provided by 30 days.

             (6)  Notwithstanding subsection (1), a carrier to whom subsections (4) and (5) apply may operate or allow the operation of a commercial vehicle for not more than 90 days after that carrier commences operations as a carrier provided that all other requirements of the Act and these regulations are complied with.

             (7)  A carrier shall not register under this Act unless that carrier is in compliance with the Act, these regulations and all other regulations made under the Act.

             (8)  The registrar may 

             (a)  refuse to register;

             (b)  register; or

             (c)  register with conditions that he or she may establish,

a carrier who applies for registration under subsection (2).

             (9)  The registrar shall issue a code number to a carrier registered under this section.

           (10)  A carrier shall not hold more than one registration, safety rating or code number.

           (11)  A carrier or person who does not comply with subsection (1) is guilty of an offence and is liable on summary conviction to a fine of not less than $200 and not more than $1,000 for each day or part of a day in which the offence continues and each continuance for a day or a part of a day of an offence referred to in this subsection constitutes a separate offence.

           (12)  A carrier who contravenes the provisions of subsection (7) is guilty of an offence and on summary conviction is liable to a fine of not less than $500 and not more than $2,000.

           (13)  In addition to the penalties provided under subsection (11), the registrar may issue a partial or full fleet suspension to a carrier that does not comply with subsection (1), (3), (4) or (5).

 

        3. Paragraph 5(1)(c) of the regulations is repealed.

 

        4. Section 7 of the regulations is repealed and the following substituted:

Carrier rating

        7. (1) Where the registrar registers a carrier, with or without conditions, the registrar shall assign to that carrier

             (a)  a code number;

             (b)  a safety rating in accordance with section 10; and

             (c)  compliance indicators in accordance with section 9.

             (2)  The registrar may, where

             (a)  an error has been made, correct the compliance indicators of a carrier; and

             (b)  he or she considers it appropriate, modify the compliance indicators of a carrier.

 

        5. Section 8 of the regulations is repealed and the following substituted:

Out of province carriers

        8. A carrier whose principle place of business is outside the province may, upon registration in this province, be assigned compliance indicators and a safety rating under sections 9 and 10 commensurate with those assigned by the jurisdiction of that carrier's principle place of business, where that jurisdiction has made assignments of carrier safety ratings under legislation that is similar to these regulations.

 

        6. Sections 9, 10 and 11 of the regulations are repealed and the following substituted:

Maximum compliance indicator

        9. (1) A carrier's maximum available total compliance indicator shall be calculated as follows

             (a)  for an AFS size of 31 and fewer vehicles

MATCI=AFS x 20 x(1.7812-0.1579 x ln(AFS)); and

             (b)  for an AFS size of more than 31 vehicles, 789

where

MATCI is the maximum available total compliance indicator

ln is the natural logarithm, and

AFS is the average fleet size.

             (2)  A carrier's maximum available accumulated inspection compliance indicator shall be calculated as follows

             (a)  for an AFS of 31 and fewer vehicles

MAICI=AFS x 40 x (exp(-0.5971-0.0067 x AFS)); and

             (b)  for all fleet sizes with more than 31 vehicles, 568,

where

MAICI is the maximum available inspection compliance indicator,

exp is the exponential function, and

AFS is the average fleet size.

             (3)  A carrier's maximum available accumulated accident compliance indicator shall be calculated as follows

             (a)  for an AFS of 31 or fewer vehicles,

MAACI=AFS x 40 x 0.249; and

             (b)  for an AFS of more than 31 vehicles, 309

where

MAACI is the maximum available accident compliance indicator, and

AFS is the average fleet size.

             (4)  A carrier's maximum available accumulated conviction compliance indicator shall be calculated as follows

             (a)  for an AFS size of 31 or fewer vehicles,

MACCI=AFS x 40 x (0.7502 - 0.1168 x ln(AFS)); and

             (b)  for an AFS size of more than 31 vehicles, 432,

where

MACCI is the maximum available conviction compliance indicator,

AFS is the average fleet size, and

ln is the natural logarithm.

             (5)  In this section "average fleet size" and "AFS" means

             (a)  the total number of power units in a carrier's fleet for the previous 24 months divided by 24, or

             (b)  if the total number of power units in a carrier's fleet for the previous 24 months is not available, the total number of power units in a carrier's fleet for the previous months for which the information is available, divided by the number equivalent to the total number of months for which the information is available,

as calculated monthly.

Safety rating

      10. (1) The registrar shall assign to a carrier a safety rating of "satisfactory-unaudited" where

             (a)  the carrier's accumulated total compliance indicators do not exceed 70% of its maximum available total compliance indicator; and

             (b)  a facility audit of the carrier has not been conducted,

and the registrar shall change that rating to "satisfactory-audited" when a facility audit has been carried out and has been passed by that carrier.

             (2)  The registrar may assign to a carrier a safety rating of conditional where

             (a)  the carrier's accumulated total compliance indicators exceed 70% but do not exceed 100% of its maximum available total compliance indicator;

             (b)  the carrier does not pass a facility audit; or

             (c)  the carrier is reapplying to operate after being previously considered to be rated as "unsatisfactory".

             (3)  The registrar may assign to a carrier a safety rating of "unsatisfactory" where

             (a)  the carrier's accumulated total compliance indicators exceed 100% of the carrier's maximum available total compliance indicator;

             (b)  the carrier's accumulated total compliance indicators are less than 70% of the carrier's maximum available total compliance indicator and the carrier has failed to reach the required facility audit pass mark for 3 consecutive facility audits provided that one of those audits was conducted after the carrier had participated in a hearing referred to in section 16;

             (c)  the carrier's accumulated total compliance indicators are more than 70% of the carrier's maximum available total compliance indicator and the carrier has failed to reach the required facility audit pass mark for 2 consecutive facility audits, one of which was conducted after the carrier had participated in a hearing referred to in section 16; and

             (d)  the carrier has failed to maintain on its fleet the minimum insurance requirements required under the laws of Canada and of the province.

       (4) Notwithstanding subsections (1), (2) and (3), the registrar may, at any time, where he or she reasonably believes that it is necessary, assign to a carrier a safety rating of

             (a)  satisfactory-unaudited;

             (b)  satisfactory-audited;

             (c)  conditional; or

             (d)  unsatisfactory.

             (5)  Where the registrar has assigned a safety rating of unsatisfactory to a carrier and one or more vehicles in that carrier's fleet are acquired, directly or indirectly, by another carrier having a partner, principal shareholder or an officer who is also a partner, principal shareholder or officer of the carrier that was assigned the unsatisfactory rating, the carrier which acquired the vehicles shall be assigned a safety rating of unsatisfactory by the registrar.

Interventions

      11. (1) The registrar shall, in writing, notify a carrier when its accumulated total compliance indicators

             (a)  exceed 15%;

             (b)  exceed 50%;

             (c)  exceed 70%; and

             (d)  exceed 100%

of its maximum available total compliance indicator.

             (2)  Where the registrar notifies a carrier of its accumulated total compliance indicators, he or she shall also notify that carrier that where the carrier's accumulated total compliance indicators

             (a)  exceed 15%, a compliance review or a facility audit or both a compliance review and a facility audit may be conducted;

             (b)  exceed 50%, a facility audit will be conducted;

             (c)  exceed 70%, a facility audit will be conducted and the carrier is required to attend a hearing before the registrar; and

             (d)  exceed 100%, the carrier is required to attend a hearing before the registrar.

Notification

   11.1 The registrar shall notify a carrier when a carrier's accumulated

             (a)  inspection compliance indicators exceed 100% of that carrier's maximum available inspection compliance indicator; or

             (b)  conviction compliance indicators exceed 100% of that carrier's  maximum available conviction compliance indicator; or

             (c)  accident compliance indicators exceed 100% of that carrier's maximum available accident compliance indicator.

Interventions where less than 70% of MATCI

   11.2 The registrar shall notify a carrier when it has failed a

             (a)  first facility audit and that carrier's accumulated total compliance indicators are less than 70% of its maximum available total compliance indicator;

             (b)  second consecutive facility audit and that carrier's accumulated total compliance indicators are less than 70% of its maximum available total compliance indicator;

             (c)  third consecutive facility audit and that carrier's accumulated total compliance indicators are less than 70% of its maximum available total compliance indicator.

Interventions where more than 70% of MATCI

   11.3 The registrar shall notify a carrier when it has failed a

             (a)  first facility audit and that carrier's accumulated total compliance indicators are more than 70% of that carrier's maximum available total compliance indicator; and

             (b)  second consecutive facility audit and that carrier's accumulated total compliance indicators are more than 70% of that carrier's maximum available total compliance indicator.

Notification, audit and hearing

   11.4 (1) A registrar's notification under sections 11, 11.1, 11.2, 11.3 and this section shall be in writing.

             (2)  A notification referred to in

             (a)  section 11.1 shall include a statement that a facility audit will be conducted;

             (b)  paragraph 11.2(a) shall include a statement that a second facility audit will be conducted and that until further notice, the carrier's safety rating is conditional;

             (c)  paragraph 11.2(b) shall include a statement that the carrier's safety rating is conditional, the carrier must attend a hearing with the registrar and that a third facility audit may be carried out;

             (d)  paragraph 11.2(c) shall include a statement that the carrier must attend a hearing with the registrar;

             (e)  paragraph 11.3(a) shall include a statement that

                      (i)  the carrier's safety rating is conditional, and

                     (ii)  the carrier must attend a hearing with the registrar, and

                    (iii)  another facility audit will be carried out; and

              (f)  paragraph 11.3(b) shall include a statement that the carrier must attend a hearing with the registrar.

             (3)  The registrar may, at any time, conduct

             (a)  a compliance review of;

             (b)  a facility audit of;

             (c)  both a compliance review and a facility audit of; and

             (d)  a hearing with,

a carrier in order to determine compliance with the Act and these regulations.

             (4)  Where the registrar requires a hearing under these regulations

             (a)  the registrar shall notify the carrier of the time and place of the hearing;

             (b)  the carrier must attend the hearing; and

             (c)  if the carrier fails to attend the hearing, the registrar may conduct the hearing and make a determination in the absence of that carrier.

 

        7. (1) Subsection 12(1) of the regulations is amended by adding immediately after the word "carrier", the word "conviction".

             (2)  Subsections 12(3) and (4) of the regulations are repealed and the following substituted:

             (3)  The registrar shall assign to a carrier accident compliance indicators for each accident involving a commercial vehicle operated by the carrier where the accident involves:

             (a)  property damage, 2 compliance indicators;

             (b)  personal injury, 4 compliance indicators; and

             (c)  a fatality, 6 compliance indicators.

             (4)  The registrar shall assign 3 inspection compliance indicators for every vehicle that is placed out of service as a result of a commercial vehicle inspection.

             (5)  Compliance indicators assigned to a carrier shall expire 2 years after the date of the

             (a)  conviction for conviction compliance indicators;

             (b)  accident for accident compliance indicators; and

             (c)  commercial vehicle inspection for inspection compliance indicators.

 

        8. Subsection 14(4) of the regulations is repealed and the following substituted:

             (4)  A carrier shall have in place

             (a)  a system to alert the carrier that a driver abstract required under this section is due;

             (b)  a system that will alert the carrier, in advance, that a driver's licence is due for renewal;

             (c)  a system which will alert the carrier, in advance, when a vehicle is due for a commercial motor vehicle inspection; and

             (d)  a method of monitoring compliance with the Highway Traffic Hours of Service Regulations and the Highway Traffic Trip Inspection Report Regulations.

          (4.1)  A carrier shall

             (a)  have a rules and regulations document that lists the regulatory requirements that a driver is required to know in order to operate a commercial vehicle; and

             (b)  require a driver to review the document referred to in paragraph (a) and confirm, in writing, that he or she has reviewed and understood that document.

 

        9. Paragraph 16(5)(b) of the regulations is repealed and the following substituted:

             (b)  vary the number of compliance indicators or a safety rating;

 

      10. Subsection 17(1) of the regulations is amended by deleting the reference "subsection 16(7)" and substituting the references "subsections 4(13) and 16(7)".

 

      11. The regulations are amended by adding immediately after section 19 the following:

Facility audit score

      20. (1) The registrar may, at any time, conduct a facility audit which shall consist of a regulatory compliance section as well as a scoring section to evaluate a carrier's overall safety rating

             (2)  A carrier shall obtain a combined score of 78% or higher on the driver and vehicle segments of the facility audit report.

             (3)  A carrier that does not achieve 78% on its facility audit report shall have its safety rating changed to conditional.

Facility audit of vehicles

      21. (1) The scoring of the vehicle section of a facility audit report under section 20 for commercial vehicle safety inspections shall be 35 points for compliance and 0 points for non compliance.

             (2)  A carrier's vehicle may receive points for compliance under subsection (1) only where that vehicle has

             (a)  not undergone a commercial vehicle safety alliance inspection within the previous 12 months; or

             (b)  undergone a commercial vehicle safety alliance inspection within the previous 12 months and has not been taken out of service.

             (3)  The scoring of the vehicle section of a facility audit report under section 20 for preventive maintenance shall be 30 points for compliance and 0 points for non compliance.

             (4)  A carrier's vehicle may receive points for compliance under subsection (3) only where the carrier for that vehicle demonstrates that each vehicle selected for a facility audit has undergone an acceptable preventative maintenance schedule over the previous 2 years.

             (5)  The scoring of the vehicle section of a facility audit report under section 20 for maintenance shall be 15 points for compliance and 0 points for non compliance.

             (6)  A carrier's vehicle may receive points for compliance under subsection (5) only where the carrier for that vehicle demonstrates that each vehicle selected for a facility audit has had all

             (a)  required repairs noted on pre-trip inspections corrected in a timely manner; and

             (b)  serious defects corrected before the vehicle was dispatched; and

             (c)  records for the previous 2 years available for the facility audit.

             (7)  The scoring of the vehicle section of a facility audit report under section 20 for trip inspections shall be 10 points for compliance and 0 points for non compliance.

             (8)  A carrier shall receive points under subsection (7) only where it is able to demonstrate that each vehicle selected for a facility audit has undergone a daily trip inspection in accordance with the Highway Traffic Trip Inspection Regulations for each day that the vehicle was dispatched by the carrier.

             (9)  The scoring of the vehicle section of a facility audit report under section 20 for identification markers shall be 10 points for compliance and 0 points for non compliance.

           (10)  A carrier shall receive points under subsection (9) only where it is able to demonstrate that each vehicle selected for a facility audit

             (a)  was licensed every time that the vehicle was dispatched; and

             (b)  has had a commercial motor vehicle inspection within the previous 12 months.

Facility audit of drivers

      22. (1) The scoring of the driver section of a facility audit report under section 20 for driver qualifications shall be 20 points for compliance and 0 points for non compliance.

             (2)  A carrier shall receive points under subsection (1) only where it is able to demonstrate that

             (a)  a driver selected for a facility audit has all the required classifications and endorsements to operate the vehicle that he or she has operated for the carrier; and

             (b)  the driver's licence has not expired or been suspended, cancelled or reclassified down due to an overdue medical.

             (3)  The scoring of the driver section of a facility audit report under section 20 for log book records shall be 35 points for compliance and 0 points for non compliance.

             (4)  A carrier shall receive points under subsection (3) only where, in accordance with the Highway Traffic Hours of Service Regulation, it is able to provide accurate logbook records or, if exempt from keeping a logbook, accurate time records, for all drivers selected for the facility audit.

             (5)  The scoring of the driver section of a facility audit report under section 20 for duty cycles shall be 40 points for compliance and 0 points for non compliance.

             (6)  A carrier shall receive points under subsection (5) only where, in accordance with the Highway Traffic Hours of Service Regulations, it is able to demonstrate that all drivers selected for a facility audit have not exceeded their duty cycles or rest requirements.

             (7)  The scoring of the driver section of a facility audit report under section 20 for data items shall be 5 points for compliance and 0 points for non compliance.

             (8)  A carrier shall receive points under subsection (7) only where, in accordance with the Highway Traffic Hours of Service Regulations, it is able to demonstrate that all drivers selected for a facility audit have all items on their log books or duty records completed.

Transitional

      23. (1) Compliance indicators acquired by a carrier under the regulations in force before the coming into force of this section shall no longer be considered to have accrued to a carrier immediately after the coming into force of this section.

             (2)  Notwithstanding subsection (1), a carrier safety rating under subsection 11 in force immediately before the coming into force of this section shall apply to that carrier as if that rating had been imposed under section 10 of these regulations after the coming into force of this section.

             (3)  An inspection, compliance review, facility audit, hearing, long profile, short profile or other review of a carrier under these regulations may consider all accidents, convictions, inspection defects and other infractions of a carrier occurring before and after the coming into force of this section.

Offence

      24. A person who contravenes these regulations is guilty of an offence and liable on summary conviction to a fine of not less than $200 and not more than $1000 and in default of payment of the fine, to imprisonment for not more than 30 days.

 

      12. The Schedule to the regulations is repealed and the following substituted:

Schedule

Criminal Code
Provision

Compliance
Indicators

Description of Offences

220

5

Criminal negligence causing death

221

5

Criminal negligence causing bodily harm

236

5

Manslaughter committed in a vehicle

249(01)(A)

5

Dangerous operation of a motor vehicle

249.1(1)

5

Failure to stop while pursued by officer

249.1(3)

5

Failure to stop while pursued by officer causing bodily harm or death

249(03)

5

Dangerous operation causing bodily harm

249(04)

5

Dangerous operation causing death

252(01)

5

Failing to stop at scene of accident

252(02)

5

Failing to stop at scene of accident and offering assistance or give name

253(a)

5

Impaired by alcohol or drugs

253(b)

5

Care and control of vehicle with more than 80 milligrams of alcohol in 100 millilitres of blood

254(05)

5

Refusing to provide blood or breath sample

255(02)

5

Impaired driving causing bodily harm

255(03)

5

Impaired driving causing death

259(04)

5

Driving while disqualified

334

5

Theft of a motor vehicle

335(1)

5

Taking a motor vehicle without the consent of the owner

 

Highway Traffic Act Provision

Compliance Indicators

Description of Offences

13(1)

3

Non resident failure to register commercial motor vehicle

21

1

Operating service vehicle with dealer's plates attached

22

1

Using or hiring dealer's vehicle without registration

27

1

Using vehicle without dealer's plates attached

28(2)

1

Failure to return an identification plate

29

1

Failure to produce vehicle licence

30

1

Identification plates not securely fastened in proper position

31

1

Failure to keep identification plates clean

37

1

Failure to notify registrar of transfer of ownership

38

1

Failure to file change of address with registrar

39

1

Failure to notify registrar of change of name

42(a)(i)(A)

3

Operate unregistered/unlicensed vehicle not exceeding 4500kgs.

42(a)(i)(B)

3

Operate unregistered/unlicensed vehicle 4500 to 10900 kgs.

42(a)(i)(C)

3

Operate unregistered/unlicensed vehicle exceeding 10900 kgs.

42(a)(ii)(A)

3

Operate unregistered trailer not exceeding 4500 kgs.

42(a)(ii)(B)

3

Operate unregistered trailer 4500 to 10900 kgs.

42(a)(ii)(C)

3

Operate unregistered trailer exceeding 10900 kgs.

42(a)(iii)

2

Operate vehicle without valid identification plates or stickers

42(b)

2

Defacing or altering identification plate or marker

42(c)

2

Using vehicle with defaced, mutilated or altered identification plate or marker

42(d)

2

Removing identification plate or marker without authority

42(e)

2

Using false identification plate or marker

42(f)

2

Using marker or number plate capable of being confused with identification plate or marker

42(g)

3

Failure to surrender identification plates

42(h)

2

Giving false name or address in application for registration of a vehicle

42(j)

3

Using or permitting the use of fictitious identification plates

43(3)

3

Invalid or no driver's licence

49(2)

3

Licensee failing to produce licence upon request

50(1)

3

Failure to return licence to registrar upon request

50(2)

3

Failure to return or deliver licence

51

3

Driving other than class of vehicles specified in licence

52

3

Using licence issued to another person

53(1)

3

Unlawful operation under licence issued elsewhere

54

3

Allowing unlicensed driver to drive

55(2)

2

Having person in addition to learner and instructor in vehicle

56(1)

2

Renting vehicle to person not licensed to drive

56(4)

2

Failure to keep record regarding vehicles rented

57

1

Failure to notify registrar of lost driver's licence, etc.

59(1)(a)

3

Defacing or altering driver's licence

59(1)(b)

3

Lending driver's licence

59(1)(c)

3

Person misrepresenting driver's licence as his or her own

59(1)(d)

3

Failure to surrender suspended or cancelled driver's licence

59(1)(e)

2

Giving false name or address in application for driver's licence

73(1)

2

Applying for driver's licence while disqualified

73(2)

3

Driving while disqualified

75(5(a)

3

Obtaining the registration of a motor vehicle when that motor vehicle is not insured by a policy

75(5)(b)

3

Operating or permitting the operation of a motor vehicle without a policy

75(5)(c)

1

Failure to produce proof that a policy is in force

80(a)(i)

3

Producing financial responsibility card where policy of insurance not in force

95(1)

3

Failure to drive to the right

95(2)

3

Failure to give one half the roadway

96(1)

3

Improper passing

96(2)

3

Failure to give way to passing vehicle

97(1)

3

Passing on the right of another vehicle

97(2)

3

Passing on the right when unsafe to do so

98

3

Passing where width or weight of vehicles makes it difficult

99(1)

3

Passing on left when unsafe to do so

99(2)

3

Overtaking and passing near crest of grade, curve, bridge or intersection

99(3)

3

Overtaking and passing when driver cannot see far enough ahead

100(1)

3

Driving to left of centre line of roadway

100(2)

1

Vehicle proceeding at less than normal speed not driving in right hand lane

100(3)

3

Failure to drive to right of rotary traffic island

101(b)

3

Crossing solid line

101(e)

2

Failing to signal driving from one lane to another

101(f)

2

Making improper left turn at intersection or into private road or driveway

101(g)

2

Making improper right turn at intersection

101(h)

2

Driving in centre lane of 3 lane roadway

101(i)

3

Improper passing on roadway with 2 or more lanes available to traffic heading in same direction

101(j)

2

Driving in wrong lane contrary to direction of traffic control device

101(k)

3

Failure to allow overtaking vehicle to pass

102

3

Passing in no passing zone or failing to drive to right of zone

103(1)

3

Following vehicle too closely

103(2)

3

Failing to leave proper distance between vehicles

103(3)

3

Failing to leave sufficient space between vehicles in caravan or motorcade

104

2

Driving over intervening space dividing highway into 2 roadways

105(1)

1

Failure to enter controlled access highway at proper location

105(2)

1

Failure to leave controlled access highway at proper location

106(1)

3

Failure to obey traffic control signal or device

106(2)

3

Failure to yield right of way while turning to other traffic in intersection when green or "go" signal shown

106(4)

3

Failure to yield right of way to pedestrian in roadway or crosswalk

106(6)

3

Entering intersection on yellow or amber light

106(8)

3

Passing yellow or amber light at place other than intersection

106(10)

3

Passing red light or stop" signal at intersection

106(12)

3

Passing red light or stop" signal at place other than intersection

106(14)(a)

3

Failing to obey green arrow at intersection

106(14)(b)

3

Entering intersection when green arrow shown and failing to yield right of way

106(16)(a)

3

Fail to stop when flashing red light on at intersection

106(16)(b)

 

3

Failure to yield right-of-way at intersection when flashing red light on

106(18)(b)

3

Failure to yield right-of-way to traffic in intersection when yellow or amber traffic light on

106(22)

3

Entering intersection against flag signal or other device

106(24)

3

Failure to stop at stop sign

106(25)

3

Failure to obey signs reading "Turn Right" or "Right Turn Only"

106(26)

3

Failure to obey signs reading "Turn Left" or "Left Turn Only"

106(30)

3

Bus picking up or letting down passengers at place other than "Bus Stop"

106(38)

3

Failure to obey "No Entry" sign

106(40)

3

Failure to obey signs reading "No Left Turn", "No Right Turn", "No Turns" or "No Right Turn on Yellow or Amber or Red Light"

106(42)

2

Proceeding wrong way on one-way highway

106(44)

2

Failure to observe half load limit

106(50)

3

Failure to obey sign restricting use of highway to certain classes of vehicles

106(52)

3

Failure to obey sign restricting use of highway to vehicles of certain maximum gross mass

110(1)(a)

2

Driving imprudently

110(1)(b)

3

Driving without due care and attention

110(1)(c)

3

Driving without reasonable consideration for other persons

110(1)(d)

3

Driving while suffering from disease or disability

110(3)(a)

1

Exceeding the speed limit by between 1 and 10 kilometres an hour

110(3)(b)

1

Exceeding the speed limit by between 11 and 20 kilometres per hour

110(3)(c)

2

Exceeding the speed limit by between 21 and 30 kilometres per hour

110(3)(d)

3

Exceeding the speed limit by 31 kilometres and over

111(1)

1

Slow driving

111(3)

2

Failing to obey order to increase speed, pull in to curb or remove vehicle from highway

112

2

Failing to signal change of direction, etc.

113(1)

2

Moving a vehicle when unsafe to do so or without signalling

113(2)

2

Failure to give sufficient signal

113(3)

2

Entering traffic with improper movement or signal

114(3)(a)

2

Right-hand drive vehicle not equipped with a mechanical or electrical device

114(3)(b)

2

Failure to display notice of "Right-Hand Drive Vehicle"

115(1)

2

Making improper right turn at intersection

115(2)

2

Making improper left turn at intersection

115(3)

2

Changing lanes while turning

115(4)

2

Making improper left turn at intersection from one-way roadway

115(5)

2

Making improper left turn at intersection into one-way roadway

115(6)

2

Making improper left turn at intersection from one-way roadway into another one-way roadway

115(7)

3

Failure to obey traffic-control device at intersection indicating course to be travelled

116

2

Turning on highway to proceed in opposite direction

117(1)

2

Improper turning at intersection

117(2)

2

Turning or changing course when unsafe to do so

117(3)

2

Improper signal of intention to turn

117(4)

2

Stopping or decreasing speed without signalling

118

2

Failing to yield right-of-way at intersection

119

2

Failing to yield right-of-way at intersection while making left turn

120

2

Failing to yield right-of-way when entering highway

121

3

Failing to yield right-of-way to emergency vehicle

123(6)

2

Unlawfully showing flashing red light

125(1)

2

Failing to yield right-of-way to pedestrian in crosswalk

125(3)

3

Overtaking and passing vehicle stopped at crosswalk

127(a)

3

Failing to exercise due care to avoid colliding with pedestrian

127(b)

3

Failing to give warning by sounding horn

127(c)

3

Failing to observe precaution where child or incapacitated person on highway

131

3

Driving through a safety zone

132(1)

3

Failing to stop at railway crossing

132(2)

3

Driving vehicle through barrier, etc. at railway crossing

133

3

Failing to stop at stop sign at railway crossing

134(1)(b)

3

School bus carrying a child failing to stop at railway crossing

134(1)(c)

3

Vehicle carrying explosive substance, etc. failing to stop at railway crossing

135

3

Failing to approach railway track with caution

136

3

Failing to observe yield sign at intersection

137(1)

3

Passing school bus

137(2)(a)

2

Stopping school bus in improper place

137(3)

2

Failing to have school bus properly marked

137(4)

3

School bus not equipped with visual signals or not activated

137(5)

1

Operating school bus with markings not concealed

138(1)

2

Failing to yield right-of-way to vehicle drawn by animal

140(1)

1

Parking on roadway

140(2)

1

Parking so as to obstruct traffic

144(d)

1

Parking too close to fire hydrant

144(k)

1

Parking too near fire station

144(l)

1

Parking too near street excavation or obstruction and obstructing traffic

144(m)

1

Parking on the roadway side of a stopped or parked vehicle

144(n)

2

Parking on a bridge or in a highway tunnel

144(o)

3

Failure to observe traffic-control device prohibiting parking or stopping

146

3

Parking so as to cause danger to persons using highway

147

3

Parking on highway where vehicle not visible to approaching traffic

149(2)

2

Failing or refusing to remove vehicle from highway

149(12)

1

Failing or refusing to surrender vehicle licence

150

1

Parking unattended vehicle on a highway without stopping engine and locking ignition etc.

151

2

Backing vehicle when unsafe to do so

155(a)

1

Driving motor vehicle with unauthorized non-transparent materials on window

155(b)

1

Driving motor vehicle with ornaments which obstruct vision

155(c)

1

Driving motor vehicle with snow or other precipitation which obstructs vision

155(d)

1

Driving motor vehicle with broken or damaged windows or mirrors

156(1)

1

Driving vehicle with vision obscured or control obstructed by passengers in front seat

156(2)

1

Passenger occupying position in vehicle interfering with driver's vision and control

156(3)

1

Driver permitting passenger to occupy position interfering with vision and control

157

3

Driving vehicle with load projecting out of the vehicle without a permit

159

2

Coasting down grade in neutral or with clutch disengaged

160(1)

3

Following emergency vehicle too closely or parking too close to fire apparatus

161

3

Failing to obey person with flag or sign

162

3

Failing to obey directions of a traffic officer

163(1)

1

Littering on a highway

163(2)

1

Failing to remove glass from a highway

163(3)

1

Depositing or throwing snow or ice upon a highway

164

2

Driving on sidewalk

166(1)

2

Failure to carry warning devices in vehicle

166(2)

3

Failure to place warning devices on highway in case of emergency breakdown

167

1

Driving vehicle without chains or winter tires

168

3

Racing vehicles or bicycles on a highway

169(1)(a)

3

Failing to stop at accident scene

169(1)(b)

3

Failing to give name and address

169(1)(c)

2

Failure to provide proof of insurance at scene of accident

169(1)(d)

3

Failing to render assistance to injured person

169(2) & (3)

3

Failure to notify owner, driver or peace officer after collision with unattended vehicle

169(4)

3

Failure to notify owner where other property damaged

170(1)

3

Driver of vehicle failing to make report

170(2)

3

Occupant of vehicle failing to make report

170(3)

3

Owner of vehicle failing to make report

170(4)

3

Person being owner and driver failing to make report when capable

174(2)

3

Making false statement in report

175(5)(a)

3

Failing to stop at weigh scales

175(5)(b)

3

Failing to drive to nearest scales when ordered to do so

175(5)(c)

3

Refusing to have vehicle weighed

175(5)(d)

3

Refusing to remove excess weight

176(1)

3

Care and control of motor vehicle equipped with radar detector

176(4)

3

Unlawful sale of radar detectors

176.1

3

Operating motor vehicle while using hand held cellular phone

177

3

Knowingly causing another to drive unlawfully

178(2)

2

Driving motor vehicle with seat belt removed or inoperative

178(3)

2

Driver not wearing seat belts

178(4)

2

Passenger not wearing seat belt

178(6)

2

Operating a vehicle with an underage passenger unbelted

178(8)

2

Driver operating vehicle with child not in car seat

187(5)

1

Operating a vehicle which does not comply with regulations

196(2)

3

Failure to comply with vehicle inspection requirements

205(1)

1

Driver refusing to give name or address or giving false name or address

205(2)(a)

1

Owner of vehicle failing to identify driver

 

Bus
Regulations
Provision

Compliance
Indicators

Description of Offences

4

3

School bus not properly equipped with flashing red lights or signs

5

3

School bus not yellow or bus other than school bus painted yellow

6

3

Bus not properly equipped with safety accessories

7

1

Bus not clean or ventilated

8

2

Driver of bus collecting fares, allow passengers embark or disembark, while bus in motion

9(1)

3

Bus carrying person or article obstructing driver

9(2)

3

Interior of bus not free of projections

10(1)

3

Entrance or exit of bus not free of obstructions

10(2)

2

Operating bus while passenger is not seated

11(4)

3

Bus carrying passengers in excess of limit

11(5)

2

Bus not equipped with hand holds

11(6)

3

School bus carrying passengers not permitted

13

3

Entrance of bus improper construction

14(2)

1

Defective exhaust

14(3)

1

Floor of bus allowing exhaust fumes to enter bus

15

2

Gas tank intake of improper construction or not located on exterior of bus

16

3

Fuelling bus in closed building

18(2)

3

Driver of bus following too closely

 

Licensing and Equipment
Regulations
Provision

Compliance
Indicators

Description of Offences

7(1)

2

Driving without headlights on when required

7(2)

3

Driving with fog lamps illuminated when not required

7(3)

3

Fog lamps improperly mounted

7(4)

3

Fog lamps improperly aimed

7(5)

3

Parking on highway with lamps illuminated

7(6)

3

Vehicle not equipped with required head lamps

7(10)(a)

3

Headlamp emitting any but white light

7(10)(b)

3

Operating vehicle with headlamp equipped with cover or shield

7(10)(c)

3

Vehicle equipped with headlamp other than that specified

8(1)

3

Vehicle not equipped with high beam and low beam or not able to select beam

8(2)

3

Driver failing to dim head lamps

10(1) or (2)

3

Vehicle not equipped with tail lamp(s)

10(3)

3

Tail lamp improperly positioned on vehicle

10(4)

3

Licence plate not properly illuminated

10(5)

2

Fail to place red flag or lamp on projecting load

11(1) (b)

3

Vehicle not equipped with two stop lamps

11(3)(b)

3

Brake light emitting other than red light

12(1)

3

Vehicle not equipped with sufficient turn signals

12(3)

3

Turn signal system improper construction

13(1)

3

Vehicle not equipped with sufficient clearance lamps

13(2)

3

Clearance lamps not visible or not properly located

14(1)

3

Motor vehicle not equipped with identification lamps

14(2)

3

Identification lamps not properly located

14(3)

3

Trailer not equipped with rear identification lamps

14(6)

3

Identification lamps not visible

15(1)

3

Vehicle not equipped with side reflex reflectors

15(2)

2

Vehicle not equipped with sufficient red rear reflex reflectors

15(3)

2

Reflex reflectors not visible or not properly located

16(1) or (2)

3

Vehicle not equipped with side marker lamps

17(1)

3

Vehicle not equipped with hazard warning lamps

17(3)

3

Trailer not equipped with hazard warning lamps

18(1)

3

Vehicle equipped with improper backup lamps

18(2)

3

Backup lamp illuminated while vehicle in forward motion

19

3

Vehicle equipped with improper parking lamps

20(1)

3

Operation of vehicle between dusk and dawn not equipped with sufficient park lamps

21(1)

3

Motor vehicle equipped with forward facing red lamp or rear facing white lamp

21(2)

3

Motor vehicle equipped with flashing or revolving coloured lamp

24(1) or (3)

3

Motor vehicle improperly equipped with spot lamps

24(2)

3

Spot lamps not aimed or operated properly

25(1)(a)

3

Inadequate service brake

25(1)(b)

3

Inadequate emergency or parking brake

25(3)

3

Refusing to allow inspector to inspect brakes or refusing to operate vehicle for test of brakes

25(7)

3

Brakes not properly maintained or adjusted

25(8)

3

Axle configuration not equipped with brakes on all wheels of configuration

25(9)

3

Brake hose or tubing defective or improperly installed

25(10)

3

Brake linings worn, or not properly installed or maintained

26(2)(a)

3

Operate vehicle with tires of different construction types

26(2)(b)

3

Operate vehicle having a gross mass in excess of 4,500 kilograms with tires of different construction type on the same axle

26(4)

3

Operate motor vehicle with defective tire

26(5)

1

Operate motor vehicle with defective wheel or rim

27

3

Operate vehicle in snow or ice conditions without proper tires or chains

28(1)

3

Operate motor vehicle with studded tires between May 1 and October 31

29(1)

1

Not equipped with exhaust system or system emitting excessive noise

29(2)

1

Defective muffler

30

1

Vehicle not equipped with horn

31

1

Excessive smoke emitted from vehicle

32(1)

1

Vehicle not equipped with a windshield wiper or washer

32(2)

1

Vehicle not equipped with a windshield defogging system

32(4)

1

Inadequate or no rear view mirror

32(5)

1

No side rear view mirror when required

32(6)

1

Towing vehicle not equipped with 2 side rear view mirrors

32(7)

1

Inadequate mud guards

33

1

Windshield not of proper material

34(1)(b)

1

Vehicle equipped with television visible to driver

36

1

Front opening type hood not equipped with primary and secondary latch mechanism

37

1

Vehicle door not equipped with latch having full and secondary latched positions

38

1

Vehicle equipped with tinted windshield or tinted driver seat side windows

39

2

Operate vehicle towing trailer with defective, inadequate or improper connecting devices

41(1)

1

Vehicle not equipped with speedometer

41(2)

1

Driver's view of speedometer obstructed

41(3)

1

Vehicle odometer not functioning

43

1

Required equipment not maintained in good working order

45

2

Slow moving vehicle failing to display warning device

46

3

Head lamps do not conform with Motor Vehicle Safety Act (Canada)

47

3

Vehicle equipped with in-cab control for varying mass distribution on one or more axle

 

Highway
Traffic Driver Regulations
Provision

Compliance
Indicators

Description of Offences

21

3

Operating air brake equipped vehicle without proper endorsement

26

3

Operating a vehicle as a learner in a higher class without endorsement

 

Official Inspection Station Regulations
Provision

Compliance
Indicators

Description of Offences

8.1(1)

3

Operation of a "salvage vehicle" which has not been declared as a "rebuilt vehicle"

8.1(2)

3

Operation of a vehicle declared as a non repairable vehicle

10(1)

3

Failure to obtain a vehicle inspection certificate where required

10(4)

3

Operate vehicle without valid inspection certificate

10(9)

1

Owner of bus failing to submit inspection certificate to registrar

11(3)

3

Bus failing to display inspection sticker

 

 

 

19(4)

3

Issuing or using a false inspection sticker

19(5)

3

Displaying false inspection sticker

19(6)

3

Displaying false vehicle inspection certificate

19(7)

3

Defacing or altering inspection sticker

19(8)

3

Using defaced or altered inspection sticker

19(10)

3

Operating a vehicle which has failed an inspection

 

Vehicles
Regulations
Provision

Compliance
Indicators

Description of Offences

3(1)(a)

3

Operate vehicle or combination of vehicles with mixture of tire size or capacity on any axle

3(1)(b)

3

Operate vehicle or combination of vehicles with any axle not equipped with brakes

3(2)(a)

1

Exceeding registered mass on registration permit

3(2)(b)

1

Exceeding registered steering axle weight

3(2)(d)

1

Operating vehicle exceeding permitted axle weight

3(2)(e)

1

Adjacent axle load variance greater than 1000 kgs.

6(6)

1

Failure to carry or produce special permit

6(8)

1

Failure to display exceeding prescribed dimensions by signs

6(12)

3

Exceeding mass authorized by special permit on the gross weight of the axle weight or gross vehicle weight authorized by special permit

6(13)

3

Operating a vehicle or combination of vehicles that exceeds the axle weight or gross vehicle eight authorized by a special permit

9(a)

1

Operating a vehicle or combination of vehicles not specified in Schedule or combination of vehicles in Schedules A and B

9(h)

1

Exceeding length on train combination

9(i)

3

Operating a vehicle with width greater than 2.6 metres

9(j)

3

Operating a vehicle with height greater than 4.15 metres

9(k)

2

Operating a trailer with a width greater than 2.05 metres without required conspicuity system

13(1)

3

Operating an overmass or oversize vehicle without special permit

 

Cargo Securement Regulations

Compliance
Indicators

Description of Offences

Violation of any provision

3

 

 

Motor
Carrier Act
Provision

Compliance
Indicators

Description of Offences

4(1)(a)

3

Operating a public service vehicle without a certificate

4(2)

3

Making use of a public service vehicle where the operator does not have a certificate

12(1)

3

Selling, assigning, leasing or transferring a certificate

15(2)

2

Failing to designate and maintain a person as an agent

15(3)

2

Failing to notify the board and the registrar of change of name or address

19

3

Operating a public service vehicle under an expired, cancelled or suspended certificate

21(1)

2

Operating a public service vehicle contrary to the terms and conditions of a certificate

22

2

Operating a public service passenger vehicle at rates in excess of the rates approved or set by the board

23(1)

2

Suspending, abandoning or discontinuing public passenger service without approval of the board

23(6)

1

Failure to remove distinctive plates, stickers or signs from vehicle

24(1)

1

Failure to inform of regulations or to post a copy in workplace

25

2

Refusing to carry passenger(s) in a public service passenger vehicle

30

3

Failing to furnish safe and adequate service or facilities

31

2

Failing to furnish information to the registrar or the board

 

 

 

Motor Carrier Regulations
Provision

Compliance
Indicators

Description of Offences

32(b)

2

Failing to furnish service throughout the whole area authorized

33(1)

2

Operator of a regular public passenger service failing to provide service in accordance with time schedule fixed

33(2)

2

Operator of a regular public passenger service failing to provide equipment and facilities equal to requirements

34

2

Operator of an irregular public passenger service failing to transport passengers, baggage and parcel express to the extent of available equipment

35

2

Operating type of vehicle other than that described in certificate

36(1)

1

Failure to affix the name of certificate holder and certificate number to both sides of vehicle

37(2)

2

Operating a public service vehicle without a copy of certificate and proof of insurance

 

 

 

Hours of Service Regulations Provisions

Compliance Indicators

Description of Offences

5

3

Drive without 8 consecutive hours off-duty

8(1)(a)

3

Commercial vehicle driver driving more than 13 hours following at least 8 consecutive hours off duty

8(1)(b)

3

Commercial vehicle driver driving after being on duty 15 hours following at least 8 consecutive hours off duty

8(1)(c)

3

Commercial vehicle driver driving after completing 60 hours on duty during a period of 7 consecutive days

8(1)(d)

3

Commercial vehicle driver driving after completing 70 hours on duty during a period of 8 consecutive days

8(1)(e)

3

Commercial vehicle driver driving after completing 120 hours on duty during a period of 14 consecutive days

8(2)

3

Commercial vehicle driver failing to have a minimum of 24 consecutive hours of off-duty time before completing 75 hours on duty

15(2)

2

Commercial vehicle driver failing to properly complete a daily log

15(5)

3

Commercial vehicle driver failing to retain and produce required receipts/documents

15(7)

2

Commercial vehicle driver failing to maintain a log in a timely fashion

17(1)(a)

2

Failing to maintain copies of log as required

17(1)(b)

2

Failing to have log current to last change in duty status

17(2)

2

Commercial vehicle driver failing to produce daily log upon request

19(1)

3

Commercial vehicle driver making more than one log for a calendar day or falsifying daily log

20

3

Commercial vehicle driver failing to forward copy of daily log to each carrier for whom the driver worked that day

21

3

Commercial vehicle driver failing to forward within 30 days the original of each daily log for that week to the home terminal or to the principal place of business of each carrier by whom the driver was employed

22(1)

3

Carrier failing to retain daily logs and have readily available for inspection by an inspector for a period of 6 months

22(2)

3

Carrier failing to retain daily logs at the location where the carrier keeps the commercial vehicle driver records or at a location approved by an authorized person

23(2)

3

Carrier failing to have records or documents available for inspection by director or an inspector at all times during business hours

23(3)

3

Carrier or person in possession of records or documents failing to provide reasonable assistance or furnish documents to director or an inspector

 

 

 

Trip Inspection Report Regulations Provision

Compliance Indicators

Description of Offence

3(1)

2

Driver of commercial vehicle failing to inspect or cause to be inspected a commercial vehicle which he or she drives before its first trip of the day

4

2

Driver of commercial vehicle or person inspecting commercial vehicle failing to perform complete inspection

5

3

Driver of commercial vehicle or person inspecting commercial vehicle failing to note safety related defects found during inspection

6

1

Commercial vehicle driver failing to report any defects observed while in charge of the vehicle

7(1)

1

Person completing inspection report failing to provide information required by the regulations

7(2)

1

Commercial vehicle driver or designated person failing to sign inspection report upon completion

8(1)

3

Carrier or agent failing to repair defect likely to affect safe operation of vehicle prior to vehicle use

8(4)(a)&(b)

2

Carrier failing to retain for specified period original copy of each vehicle inspection report or copy bearing certification of repairs

8(5)

1

Commercial vehicle driver failing to carry reports in vehicle

12

1

Commercial vehicle driver failing to produce required vehicle inspection reports

 

 

 

Dangerous Goods Ticket Offences Regulations Provision

Compliance Indicator

Description of Offence

1.7(c)

3

Handle, offer for transport or transport dangerous goods without proper safety marks

1.7(c)

3

Handle, offer for transport or transport dangerous goods not complying with safety standards

3.2

3

Handle, offer for transport or transport dangerous good improperly documented as prescribed under carrier responsibility

5.4

3

Failure to securely stow dangerous goods for transport

6.1(1)(a)

3

Handle, offer for transport or transport dangerous goods while untrained

4.5(1)

3

Failure to ensure proper safety marks remain displayed

6.8

3

Failure to produce a training certificate upon request of an inspector

 

 

 

Commercial Vehicle Maintenance Standards Regulations

Compliance Indicator

Description of Offence

47(1)

2

Operate or cause to be operated commercial vehicle not in compliance with regulations

47(2)

2

Operate or cause to be operated commercial vehicle not subject to systematic inspection, repair and maintenance program

47(3)

3

Carrier failing to maintain records, destroy records or falsifying records required by regulations

47(4)

3

Obstructing or hindering inspector in the performance of his or her duties in relation to regulations

 

 

 

Carrier Safety Regulations

Compliance Indicator

Description of Offence

All provisions

3

A violation of any provision of the Carrier Safety Regulations

Commencement

      13. These regulations come into force on December 19, 2005.