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Copyright © 2012: Queen's Printer,
St. John's, Newfoundland and Labrador, Canada

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Newfoundland and Labrador
Regulation 2012


NEWFOUNDLAND AND LABRADOR REGULATION 24/12

NEWFOUNDLAND AND LABRADOR
REGULATION 24/12

Carrier Safety Regulations (Amendment)
under the
Highway Traffic Act.

(Filed April 3, 2012)

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

Dated at St. John’s, February 6, 2012.

Paul Davis
Minister of Service Newfoundland and Labrador

REGULATIONS

Analysis


        1.   Sch.Amdt.

        2.   Commencement


CNLR 1160/96
as amended

        1. The Schedule to the Carrier Safety Regulations is amended by deleting the section references, offences and compliance indicators in relation to the Trip Inspection Report Regulations and substituting the following:


 

Trip
Inspection Report
Regulations
Provision

Compliance Indicators

Description of Offence

4(1), (2) and (3)

2

Failing to conduct, or cause to be conducted an inspection of a commercial vehicle in the prescribed manner and frequency.

5(1)

2

Failing to inspect every component listed in Column 1 of the applicable schedule.

5(2)

2

Failing to conduct an adequate inspection of a commercial vehicle.

5(3)(a)

2

When conducting an inspection of a motor coach in accordance with Schedule D or an equivalent maintenance program failing to raise the commercial vehicle in a manner that provides access to the vehicle components.

5(3)(b)

2

Failing to ensure that an inspection of a motor coach conducted in accordance with Schedule D or an equivalent maintenance program is conducted by a qualified person.

6(1)

1

Failing to record on the inspection report defects detected during the inspection.

6(2)

1

When conducting an inspection of a motor coach in accordance with Schedule D failing to record on the inspection report defects detected during the inspection, brake adjustment measurements and the nature of repairs carried out on the motor coach.

6(3)

1

Failing to report to the carrier prior to the next required inspection minor defects detected during the inspection.

6(4)

3

Failing to immediately report to the carrier major defects detected during the inspection.

6(5)

1

Where no defects detected during an inspection failing to record on the inspection report that no defects were detected.

7

1

Failing to prepare the inspection report in the prescribed manner with the prescribed information.

8(1)

2

Driver failing to monitor condition of vehicle while driving or being in charge of a commercial vehicle.

8(2)

1

Driver failing to record on the inspection report or to report to the carrier, in the prescribed time frame, a minor defect detected while driving or being in charge of a commercial vehicle.

8(3)

3

Driver failing to record on the inspection report or to report to the carrier, in the prescribed time frame, a major defect detected while driving or being in charge of a commercial vehicle.

9(1)

1

Carrier failing to ensure that previously reported defects are repaired prior to next required inspection or other time period specified in the jurisdiction of travel.

10(1)

2

Driving or permitting a person to drive a commercial vehicle where the vehicle was not inspected as prescribed, inspection report was not completed as prescribed or driver was not in possession of required inspection reports and schedules.

10(2)

3

Driving or permitting a person to drive a commercial vehicle where a major defect has been detected.

11(1)

1

Driver failing to forward to the carrier the original of each inspection report within the prescribed time period.

11(2)

1

Carrier failing to retain the original inspection reports for the prescribed time period.

13

3

Failing to produce inspection reports or schedules upon the demand of an inspector or failing to give an inspector reasonable help to enable him or her to carry out his or her duties.

14(2)(d)

2

Falsifying an inspection report.

14(2)(e)

2

Falsely certifying a repair.

 

Commencement

        2. These regulations come into force on July 1, 2012.