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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 50/12

NEWFOUNDLAND AND LABRADOR
REGULATION 50/12

Licensing and Equipment Regulations (Amendment)
under the
Highway Traffic Act

(Filed June 5, 2012)

Under the authority of sections 195 and 197 of the Highway Traffic Act, I make the following regulations.

Dated at St. John’s, May 28, 2012.

Paul Davis
Minister of Service Newfoundland and Labrador

REGULATIONS

Analysis


        1.   S.2 R&S
Definitions

        2.   S.2.1 Added
Interpretation

        3.   S.2.2 Added
Application

        4.   S.2.3 Added
Out-of-service criteria - commercial vehicle

        5.   S.6.2 R&S
Fuel tank filler inlet

        6.   S.6.5 Added
Filler cap

        7.   S.7 Amdt.
Equipment required

        8.   S.9 Amdt.
Motorcycle equipment

        9.   S.19.1 Added
Lamps and circuits - commercial vehicle

      10.   S.23 R&S
Horsedrawn wheeled carriage or sleigh

      11.   S.25.1 Added
Application

      12.   S.25.2 Added
Hydraulic brake requirements - commercial vehicle

      13.   S.25.3 Added
Mechanical components of brakes - commercial vehicle

      14.   S.25.4 Added
Hydraulic system - commercial vehicle

      15.   S.25.5 Added
Power-boosted hydraulic brakes - commercial vehicle

      16.   S.25.6 Added
Air-boosted hydraulic brakes - commercial vehicle

      17.   S.25.7 Added
Vacuum gauge and warning device - commercial vehicle

      18.   S.25.8 Added
Parking brake - commercial vehicle

      19.   S.25.9 Added
Emergency brake system - commercial vehicle

      20.   S.25.10 Added
Service brakes - commercial vehicle

      21.   S.25.11 Added
Brake drums, discs, and pads - commercial vehicle

      22.   S.25.12 Added
Engine controls - commercial vehicle

      23.   S.25.13 Added
Power-boosted steering - commercial vehicle

      24.   S.25.14 Added
Steering column and box - commercial vehicle

      25.   S.25.15 Added
Wheel alignment - commercial vehicle

      26.   S.25.16 Added
Steering linkage - commercial vehicle

      27.   S.25.17 Added
Suspension - commercial vehicle

      28.   S.25.18 Added
Air suspension system - commercial vehicle

      29.   S.26 Amdt.
Tires and wheels

      30.   S.28 Amdt.
Studded tires

      31.   S.28.1 Added
Fifth wheel coupling device - commercial vehicle

      32.   S.29.1 Added
Exhaust system - commercial vehicle

      33.   S.30 R&S
Horn

      34.   S.32 R&S
Windshield, defrosting and heating systems

      35.   S.33.1 Added
Windshield and windows - commercial vehicle

      36.   S.33.2 Added
Mirrors

      37.   S.33.3 Added
Sun visor - commercial vehicle

      38.   S.33.4 Added
Seats - commercial vehicle

      39.   S.34.1 Added
Overhead package shelves - commercial vehicle

      40.   S.35.1 Added
Bumpers - commercial vehicle

      41.   S.35.2 Added
Mudguards and fenders

      42.   S.36.1 Added
Hood and cab latches - commercial vehicle

      43.   S.37.1 Added
Occupant compartment door - commercial vehicle

      44.   S.37.2 Added
Exterior compartment door - commercial vehicle

      45.   S.39.1 Added
Hitches - commercial vehicle

      46.   S.41.1 Added
Lubrication - commercial vehicle

      47.   S.41.2 Added
Chassis frame and underbody - commercial vehicle

      48.   S.41.3 Added
Drive
shaft - commercial vehicle

      49.   S.41.4 Added
Neutral safety starting switch - commercial vehicle

      50.   S.42 Amdt.
Inspecting and testing vehicles

      51.   S.42.1 Added
Inspection - carrier or commercial vehicle

      52.   S.42.2 Added
Entry by inspector - carrier's place of operation

      53.   S.43 R&S
Maintenance of equipment

      54.   S.43.1 Added
Repairs, maintenance and records - commercial vehicle

      55.   S.50 Repeal
Sale of retread tires

      56.   S.50.1 Added
Inconsistent provisions

      57.   S.50.2 Added
Offences

      58.   Repeal


CNLR 1007/96
as amended

        1. Section 2 of the Licensing and Equipment Regulations is repealed and the following substituted:

Definitions

        2. In these regulations

             (a)  "beam of light" means the reflected rays of light which are projected approximately parallel to the optical axis of the reflector;

             (b)  "carrier" means a person who owns, leases or is responsible for the operation of a commercial vehicle;

             (c)  "catalytic converter" means a device through which exhaust from a motor is passed in order to prevent or lessen the emission of a contaminant and which device would be impaired in its functioning by the use of leaded gasoline as a fuel for operation of the motor;

             (d)  "commercial vehicle" means

                      (i)  a truck, truck tractor or trailer or combination of them exceeding a registered gross vehicle weight of 4500 kilograms,

                     (ii)  a bus,

                    (iii)  a school bus,

                    (iv)  a school purpose vehicle as defined in the Bus Regulations, or

                     (v)  a disabled passenger vehicle as defined in the Official Inspection Station Regulations;

             (e)  "curb mass" in relation to a vehicle means the actual mass of the vehicle when unladen but including the body, batteries, loose tools, spare wheels and other usual equipment and a full supply of water and fuel used for the purpose of propulsion;

              (f)  "exhaust system" includes manifolds;

             (g)  "height" in relation to a lamp means the perpendicular distance between the centre of the lamp and the level of the ground upon which the motor vehicle to which the lamp is attached is standing when the vehicle is not loaded;

             (h)  "home terminal" means the place of business of a carrier where the commercial vehicle driver normally reports for work;

              (i)  "light duty motor vehicle" means a motor vehicle having a gross vehicle weight of 2,720 kilograms or less but does not include motor cycles;

              (j)  "Out-of-service criteria" means the Commercial Vehicle Safety Alliance, North American Standard, Vehicle Out-of-Service Criteria, Part II, as amended;

             (k)  "service brake" means a foot brake used as the primary device to control or stop the movement of a vehicle;

              (l)  "tell-tale lamp" means a lamp that gives a clear and unmistakable indication to the driver of the motor vehicle in which it is installed

                      (i)  in relation to headlamps, that the headlamps of the vehicle are emitting an upper beam of light, and

                     (ii)  in relation to a lamp type turn signal system, that the system is operating; and

            (m)  "tire chains" means iron, plastic or steel link chains designed to fit and fasten over motor vehicle tires and providing more effective or adequate traction for the wheels of a motor vehicle in conditions of snow or ice than is provided by conventional summer tires.

 

        2. The regulations are amended by adding immediately after section 2 the following:

Interpretation

      2.1 These regulations do not preclude or exempt an owner or a carrier from compliance with or performance of another mandatory inspection required under the Act or another regulation made under the Act.

 

        3. The regulations are amended by adding immediately after section 2.1 the following:

Application

      2.2 These regulations apply to vehicles and commercial vehicles, except where the context otherwise requires.

 

        4. The regulations are amended by adding immediately after section 2.2 the following:

Out-of-service criteria - commercial vehicle

      2.3 (1) Notwithstanding another provision of these regulations, a person shall not operate or cause to be operated a commercial vehicle where the vehicle has a defect listed in the Out-of-Service Criteria.

             (2)  An inspector who determines that a commercial vehicle has a defect listed in the Out-of-Service Criteria shall declare the vehicle to be out of service and notify the driver to that effect.

             (3)  A person shall not drive or cause to be driven or allow to be driven a commercial vehicle which has been declared to be out-of-service under these regulations.

 

        5. Section 6.2 of the regulations is repealed and the following substituted:

Fuel tank filler inlet

      6.2 A motor vehicle manufactured with a catalytic converter incorporated as part of a system to prevent or lessen the emission of a contaminant shall include as part of the system a fuel tank filler inlet that

             (a)  allows the insertion of a nozzle spout terminal end that has an outside diameter not greater than 21.34 millimetres;

             (b)  has a restriction preventing the insertion of a nozzle spout terminal end that has an outside diameter greater than 23.62 millimetres; and

             (c)  is designed to pass not more than 700 millilitres of fuel into the tank when introduction of fuel is attempted from a nozzle referred to in paragraph (b).

 

        6. The regulations are amended by adding immediately after section 6.4 the following:

Filler cap

      6.5 In a fuel system, a filler cap shall not be missing or insecure.

 

        7. Section 7 of the regulations is amended by adding immediately after subsection (9) the following:

          (9.1)  A headlamp on a motor vehicle shall be properly aligned.

          (9.2)  A headlamp shutter or retracting headlamp on a motor vehicle shall operate over the full range of movement or shall be secured in the fully open position.

 

        8. Paragraphs 9(b) and (c) of the regulations are amended by deleting the reference "paragraph (3)(a)" and substituting the reference "subsection 8(1)".

 

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

Lamps and circuits - commercial vehicle

   19.1 (1) Each circuit in a commercial vehicle shall light the filaments of all lamps on that circuit when the appropriate switch is in the "on" position and each indicator lamp shall operate correctly.

             (2)  The operation of a lighting circuit in a commercial vehicle shall not interfere with the operation of another circuit.

 

      10. Section 23 of the regulations is repealed and the following substituted:

Horsedrawn wheeled carriage or sleigh

      23. A horsedrawn wheeled vehicle or sleigh in motion on a highway during the period one-half hour before sunset to one-half hour after sunrise shall be equipped with a lamp affixed to the left side of the vehicle casting a white light to the front and a red light to the rear.

 

      11. The regulations are amended by adding immediately after section 25 the following:

Application

   25.1 Sections 25.2 to 25.18 apply to a commercial vehicle.

 

      12. The regulations are amended by adding immediately after section 25.1 the following:

Hydraulic brake requirements - commercial vehicle

   25.2 (1) In this section, a brake system includes hydraulic, vacuum and air system components, including reservoirs, fittings, valves, supports, hose clamps, connections, air chambers, air cleaners, hoses and tubes.

             (2)  A brake system with vacuum hydraulic or air boost systems fully charged shall not have a hydraulic or vacuum leak while the brakes are fully applied or released.

             (3)  A hydraulic, air or vacuum hose or tube of a brake system shall not be abraded, restricted, crimped, cracked, broken, disconnected or be so located as to chafe against a part of the commercial vehicle or have damaged or missing clamps or supports.

             (4)  Brake system tubing shall not show indication of leakage or heavy corrosion scaling.

             (5)  The hydraulic fluid level in a reservoir of a brake system shall not be below the minimum level as specified by the manufacturer or where no specification is made by the manufacturer, the level shall not be less than 10 millimetres below the lowest edge of each filler opening.

             (6)  The air cleaner of the vacuum system or air compressor of a brake system shall not be clogged.

 

      13. The regulations are amended by adding immediately after section 25.2 the following:

Mechanical components of brakes - commercial vehicle

   25.3 Mechanical components of a brake system shall not be misaligned, insecure, excessively worn, broken, seized, missing, frayed or disconnected.

 

      14. The regulations are amended by adding immediately after section 25.3 the following:

Hydraulic system - commercial vehicle

   25.4 (1) A hydraulic master cylinder push rod shall be properly adjusted.

             (2)  Where a commercial vehicle is equipped with dual circuit hydraulic brakes, the brake failure warning lamp shall be operative.

             (3)  Where a commercial vehicle has power-boosted brakes, and the engine is running, the service brake pedal shall not move towards the applied position with moderate foot force maintained on the pedal for 10 seconds.

             (4)  Where a commercial vehicle has power-boosted brakes, and the engine is running,

             (a)  the total pedal travel shall not exceed 80% of the total available travel; and

             (b)  on a vehicle equipped with dual circuit hydraulic brakes, the brake failure warning lamp shall not come on,

with heavy foot force applied to the service brake pedal.

             (5)  Notwithstanding subsection (4), where a commercial vehicle is equipped with a Hydra-Boost braking system, the foot force necessary to be applied to the pedal shall not exceed 27.2 kilograms.

 

      15. The regulations are amended by adding immediately after section 25.4 the following:

Power-boosted hydraulic brakes - commercial vehicle

  25.5 (1) Where a commercial vehicle is equipped with power-boosted hydraulic brakes, after the engine has been stopped and the vacuum, air or hydraulic boost has been depleted, holding moderate pressure on the service brake pedal and starting the engine shall result in the pedal moving towards the applied position.

             (2)  Where a commercial vehicle is equipped with hydraulically-boosted hydraulic brakes and electrically-driven hydraulic pump for the reserve power system, after the engine has been stopped and the hydraulic boost has been depleted, holding moderate pressure on the service brake pedal while moving the ignition switch to the "on" position shall cause the pump to start and the brake pedal to move towards the applied position.

 

      16. The regulations are amended by adding immediately after section 25.5 the following:

Air-boosted hydraulic brakes - commercial vehicle

   25.6 (1) In this section, air brakes means air-boosted hydraulic brakes or full air brakes.

             (2)  The compressor drive belt, if fitted on an air brake system, shall have correct tension and shall not be cut, frayed or excessively worn.

             (3)  The air pressure gauge on air brakes shall be operative.

             (4)  With the engine running at a fast idle, the time required to build air pressure on air brakes from 344 to 621 kilopascals shall not exceed 3 minutes.

             (5)  With the air system fully charged and the engine running, each air reservoir drain valve shall be actuated and shall function properly on air brakes.

             (6)  The governor cut-in and cut-out pressures on air brakes shall not be lower or higher than those specified by the vehicle manufacturer or, if not specified by the manufacturer, 552 kilopascals gauge measure and 931 kilopascals gauge measure respectively.

             (7)  With the air brakes fully charged and immediately after the engine is stopped, the compressed air reserve shall be sufficient to permit one full service brake application from fully charged system pressure without lowering reservoir pressure more than 20%.

             (8)  With the air brake system fully charged and the engine stopped, air pressure drop shall not exceed

             (a)  with the service brakes released, 14 kilopascals in one minute; and

             (b)  with the service brakes fully applied, 21 kilopascals in one minute.

             (9)  The low pressure warning device on air brakes shall operate when system pressure is reduced to 379 kilopascals.

 

      17. The regulations are amended by adding immediately after section 25.6 the following:

Vacuum gauge and warning device - commercial vehicle

   25.7 (1) A vacuum gauge on a commercial vehicle shall be operative.

             (2)  Where a commercial vehicle is fitted with a vacuum gauge and the engine is not running, the warning device shall operate before the vacuum reserve drops to less than 20.3 centimetres of mercury.

             (3)  Where a commercial vehicle is not fitted with a vacuum gauge, there shall be at least one boosted brake application available after the warning device operates.

 

      18. The regulations are amended by adding immediately after section 25.7 the following:

Parking brake - commercial vehicle

   25.8 (1) A parking brake, while set in the fully applied position and not held by foot or hand force or by hydraulic or air pressure, shall hold the commercial vehicle stationary against the engine at a light throttle setting for a few seconds both in reverse gear and in low forward gear.

             (2)  A parking brake shall fully release when the release control is operated.

 

      19. The regulations are amended by adding immediately after section 25.8 the following:

Emergency brake system - commercial vehicle

   25.9 (1) An emergency brake system, while set in the fully applied position with the transmission in a low forward gear, shall hold the commercial vehicle stationary against the engine at a light throttle setting for a few seconds.

             (2)  There shall be reserve travel available beyond the full brake application position.

             (3)  An emergency brake system shall fully release when the release control is operated.

 

      20. The regulations are amended by adding immediately after section 25.9 the following:

Service brakes - commercial vehicle

25.10 Service brakes on a commercial vehicle shall be properly adjusted.

 

      21. The regulations are amended by adding immediately after section 25.10 the following:

Brake drums, discs, and pads - commercial vehicle

25.11 (1) A drum or disc shall not have an external crack on the friction surface other than normal heat checks which reach the edge of the drum bore or periphery of the disc.

             (2)  A drum or disc shall not have mechanical damage to the friction surface other than that which may be attributed to normal wear.

             (3)  A ventilated disc shall not have broken or visibly cracked cooling fins.

             (4)  The inside diameter of a drum shall not be greater than the dimension stamped on the drum or, where the dimension is not stamped on the drum, the vehicle manufacturer's wear limit.

             (5)  The thickness of a disc shall not be less than the dimension stamped on the disc or, where the dimension is not stamped on the disc, the vehicle manufacturer's wear limit.

             (6)  The bonded lining shall not be thinner than 1.5 millimetres when measured at the thinnest point.

             (7)  The surface of a riveted lining shall not be closer to the rivet head than the dimension specified by the vehicle manufacturer and the measurement shall not be less than 0.8 millimetres.

             (8)  Bolted linings shall not be thinner than 8 millimetres when measured at the centre of the shoe.

             (9)  The brake lining shall not be broken loose on its shoe or pad.

           (10)  The brake lining shall not show evidence of contamination so as to affect braking performance.

           (11)  A hydraulic brake cylinder shall not show evidence of leakage.

           (12)  The mechanical or structural part of a brake system shall not be misaligned, badly worn, cracked, broken, binding, seized, disconnected or insecure and a grease retainer shall not be missing or leaking.

           (13)  If fitted, an automatic adjuster shall be in good working order.

           (14)  A hydraulic brake piston shall not fail to move when moderate pressure is applied to the brake pedal.

           (15)  All brakes shall be adjusted for minimum lining to drum clearance without brake drag.

 

      22. The regulations are amended by adding immediately after section 25.11 the following:

Engine controls - commercial vehicle

25.12 (1) The engine speed shall drop to idle when the accelerator pedal is released.

             (2)  Where an engine is equipped with an emergency stopping device, the engine shall stop when the control is actuated while the engine is idling.

 

      23. The regulations are amended by adding immediately after section 25.12 the following:

Power-boosted steering - commercial vehicle

25.13 (1) A power steering drive belt shall not be missing, cut, frayed or excessively worn.

             (2)  A power steering drive belt shall have correct tension.

             (3)  Fluid in a power steering reservoir shall not be lower than the minimum level specified by the vehicle manufacturer.

             (4)  On a commercial vehicle, with the engine running,

             (a)  the power steering system shall operate as intended; and

             (b)  the hydraulic system shall not show excessive play.

 

      24. The regulations are amended by adding immediately after section 25.13 the following:

Steering column and box - commercial vehicle

25.14 (1) A steering column and box shall not be loose in their mountings to the body and frame.

             (2)  A bolt or nut shall not be loose or missing from a steering column and box mounting.

             (3)  Steering shaft couplings and splines shall not have excessive play.

             (4)  Upon visual inspection, the steering column energy-absorbing section, if fitted, shall not appear damaged so as to reduce its effectiveness.

 

      25. The regulations are amended by adding immediately after section 25.14 the following:

Wheel alignment - commercial vehicle

25.15 While all wheels are on the ground and the front wheels are in the straight-ahead position, they shall not be visibly out of alignment.

 

      26. The regulations are amended by adding immediately after section 25.15 the following:

Steering linkage - commercial vehicle

25.16 (1) Where a commercial vehicle is equipped with power-boosted steering while the front wheels are on the ground in the straight-ahead position and the engine is running, free movement of the steering wheel rim, with no movement of the front wheels, shall not exceed

             (a)  the limit designated by the vehicle manufacturer; or

             (b)  in the case where the limit is not designated, 30°.

             (2)  There shall be no excessive play in a steering linkage joint.

             (3)  Where a commercial vehicle is equipped with power-boosted steering, while the front wheels are on the ground and the engine is running, the front wheels shall turn from full right to full left and back again without interference or indication of roughness in the mechanism.

             (4)  While the front wheels are off the ground and the vehicle is supported so that the steering linkage assumes its normal attitude, without movement of the opposite wheel, a front wheel shall not have play about a vertical axis of

             (a)  6 millimetres for a tire diameter designation of 16 or less;

             (b)  9 millimetres for a tire diameter designation that is larger than 16 but not larger than 18; or

             (c)  12 millimetres for a tire diameter designation that is larger than 18,

as measured at the extreme front or rear of the tire tread face.

             (5)  A part of the steering linkage system shall not be damaged, repaired or modified so as to weaken the linkage system or affect the proper steering of the vehicle.

             (6)  A nut, bolt or cotter pin shall not be loose, excessively worn or missing.

 

      27. The regulations are amended by adding immediately after section 25.16 the following:

Suspension - commercial vehicle

25.17 Where the wheels of a commercial vehicle are off the ground so that the suspension joints are not under load,

             (a)  a non-load-carrying ball joint shall not show any perceptible play other than that specified by the manufacturer;

             (b)  a load-carrying ball joint shall not have play in excess of that specified by the vehicle manufacturer;

             (c)  in the case of king pins, a front wheel shall not have a rocking play about a horizontal axis in excess of

                      (i)  6 millimetres for a tire diameter designation of 16 or less,

                     (ii)  9 millimetres for a tire diameter designation that is larger than 16 but no larger than 18, or

                    (iii)  12 millimetres for a tire diameter designation that is larger than 18

as measured at the extreme top or bottom of the tire tread face;

             (d)  a control arm inner pivot shall not have excessive play;

             (e)  a wheel or axle bearing shall not give any indication of excessive wear or damage when the bearing is rotated;

              (f)  a wheel or axle bearing shall not be maladjusted so as to result in excess play or binding;

             (g)  wear-indicating ball joints while under load with the wheels on the ground shall not show excessive wear;

             (h)  front and rear springs, shackles, U-bolts, centrebolts, radius rods, control arms, shock-absorbers, equalizers, stabilizers and their supports and attachments shall not be loose, bent, cracked, broken, disconnected, perforated by corrosion or missing; and

              (i)  the rear axle or axles and their wheels shall not be tracking improperly so as to adversely affect control of the vehicle.

 

      28. The regulations are amended by adding immediately after section 25.17 the following:

Air suspension system - commercial vehicle

25.18 (1) Where a commercial vehicle is equipped with full air brakes, when the engine is started with zero gauge air brake system, air shall not begin to flow into the suspension system before 379 kilopascals gauge pressure is reached in the brake system.

             (2)  With air in the suspension system at normal operating pressure and the pusher or tag axle, if fitted, tested in both load and reduced load sharing modes, air leakage shall not occur.

             (3)  With air in the suspension system at normal operating pressure, the pusher or tag axle, if fitted, shall respond properly to its load sharing control switch or valve.

             (4)  With air in the suspension system at normal operating pressure, the vehicle body and chassis frame shall be supported clear of all axles and shall appear to be level.

             (5)  Suspension joints of a variable load sharing axle with independent suspension shall not be worn beyond the manufacturer's specified safe limits.

 

      29. (1) Section 26 of the regulations is amended by adding immediately after subsection (1) the following:

          (1.1)  For the purpose of subsection (4.1), "construction type" means a type of tire carcass such as bias ply, belted-bias and radial ply and does not include variations in tread pattern or in cord material such as rayon, polyester and nylon used in building a tire carcass.

             (2)  Paragraph 26(4)(c) of the regulations is repealed and the following substituted:

             (c)  sidewall cracks, scuffs, cuts or snags to the extent that the cords are damaged or exposed;

             (3)  Section 26 of the regulations is amended by adding immediately after subsection (4) the following:

          (4.1)  Tire pressures of tires on commercial vehicles shall be maintained at manufacturer's specifications and the following standards apply to commercial vehicles:

             (a)  a front tire shall not have been altered by the addition of material to produce a new tread surface;

             (b)  a mixture consisting of 60 or 50 series tires on the front and other series tires on the rear shall not be fitted;

             (c)  notwithstanding paragraph (2)(b), a combination of construction types or sizes, except where stated to be equivalent by tire industry standards, shall not be fitted on an axle;

             (d)  tires in a dual tire set shall not be in contact with each other or differ from each other in overall diameter by more than 13 millimetres or in circumference by more than 38 millimetres; and

             (e)  a commercial vehicle shall not be fitted with a tire that

                      (i)  bears the wording "not for highway use", "farm use only", "competition circuit use only" or other wording or lettering indicating that the tire was not designed for highway use, or

                     (ii)  bears the letters "SL", "NHS" or "TG" after tire designation.

             (4)  Paragraph 26(5)(b) of the regulations is repealed and the following substituted:

             (b)  has missing, loose, mismatched or defective wheel studs, bolts, clamps, nuts, lugs or locking ring.

             (5)  Section 26 of the regulations is amended by adding immediately after subsection (5) the following:

             (6)  A person shall not operate a commercial vehicle with a cast wheel that shows evidence of excessive wear in the clamp area.

 

      30. Subsection 28(1) of the regulations is amended by deleting the reference "section 27" and substituting the reference "subsection (3)".

 

      31. The regulations are amended by adding immediately after section 28 the following:

Fifth wheel coupling device - commercial vehicle

   28.1 (1) A fifth wheel shall be securely fastened to a commercial vehicle.

             (2)  Where a fifth wheel is secured to the commercial vehicle frame by means of U-bolts, positive stops shall be provided to prevent it from shifting on the frame.

             (3)  A jaw closure mechanism and locking system on a commercial vehicle shall be in good working order and shall not be broken, cracked or excessively worn.

             (4)  Slider mechanisms, if fitted on the commercial vehicle, shall lock securely and shall not show any signs of failure or excessive wear.

 

      32. The regulations are amended by adding immediately after section 29 the following:

Exhaust system - commercial vehicle

   29.1 (1) On a commercial vehicle

             (a)  an exhaust pipe, muffler or tail pipe shall not be missing or insecurely mounted;

             (b)  leakage shall not occur at any point in an exhaust system except through drain holes provided by the manufacturer;

             (c)  a component of an exhaust system shall not pass through the occupant compartment; and

             (d)  a component of an exhaust system shall not be so located or unguarded that an individual may be burned on entering or leaving the vehicle.

             (2)  An exhaust system on a commercial vehicle shall not be shortened or modified from original equipment so as to fail to direct the exhaust beyond the underbody of the occupant compartment or luggage compartment, and the distance between the outlet and periphery of the underbody past which it directs the exhaust shall not exceed 15 centimetres.

 

      33. Section 30 of the regulations is repealed and the following substituted:

Horn

      30. A motor vehicle shall be equipped with an efficient, securely fastened horn which the driver shall sound wherever it is reasonably necessary to notify pedestrians or others of the approach of the vehicle.

 

      34. Section 32 of the regulations is repealed and the following substituted:

Windshield, defrosting and heating systems

      32. (1) A motor vehicle other than a motorcycle, moped or antique motor vehicle that is equipped with a windshield shall be equipped with a windshield wiper and washer system that will clean moisture, road splash and other opaque material from the outside windshield glazing surface.

             (2)  The windshield wiper system required under subsection (1) shall include a wiper arm and blade assembly that shall sweep the area intended by the vehicle manufacturer.

             (3)  A motor vehicle other than a motorcycle, moped or antique motor vehicle that is equipped with a windshield shall be equipped with a defrosting and defogging system.

             (4)  The defrosting and defogging system required under subsection (3) shall deliver heated air that will clean moisture and frost from the inside of the windshield and, if fitted, from the side windows to the left and right of the driver's seat.

             (5)  Notwithstanding subsection (1), the operator of an antique motor vehicle that is equipped with a windshield shall ensure that, while the antique vehicle is being operated on a highway, it is equipped, when weather conditions require, with a self-operating or manual windshield wiper system.

             (6)  Visible portions of hoses and piping for an interior heater routed within an occupant compartment of a commercial vehicle shall not be abraded, cracked or leaking.

 

      35. The regulations are amended by adding immediately after section 33 the following:

Windshield and windows - commercial vehicle

   33.1 Safety glass in a windshield or window of a commercial vehicle shall

             (a)  not have exposed sharp edges; and

             (b)  where originally fitted with banding on exposed edges, have its banding in good condition.

 

      36. The regulations are amended by adding immediately after section 33.1 the following:

Mirrors

   33.2 (1) Every motor vehicle shall be equipped with a mirror securely attached to it and placed in a position that will afford the driver a clear view of the roadway to the rear and of a vehicle approaching from the rear.

             (2)  Where the view afforded by the mirror required under subsection (1) is obstructed or interfered with, a side rear view mirror shall be attached to each side of the motor vehicle and shall be placed so as to afford the driver a clear view of the roadway to the rear and to each side of the motor vehicle.

             (3)  The towing vehicle in every combination of motor vehicles shall, when the trailer or semi-trailer is so designed that it impedes the rear view of the driver through a mirror as provided in subsection (1), be equipped with 2 mirrors, one affixed to each side of the motor vehicle and both to provide the driver with a clear view of the roadway to the rear of the combination of vehicles.

             (4)  A mirror shall be securely mounted and maintain a set adjustment.

             (5)  A mirror shall not be cracked.

 

      37. The regulations are amended by adding immediately after section 33.2 the following:

Sun visor - commercial vehicle

   33.3 A commercial vehicle shall have a functional driver's sun visor where the commercial vehicle was originally fitted with a driver's sun visor.

 

      38. The regulations are amended by adding immediately after section 33.3 the following:

Seats - commercial vehicle

   33.4 A commercial vehicle shall

             (a)  where energy absorbing material is originally installed by the manufacturer, not have energy absorbing material missing from stanchions and guard rails or from the tops or sides of seat backs;

             (b)  have every occupant seat securely mounted in a manner which ensures that the seat will maintain its position and adjustment;

             (c)  where required under the provisions of the Motor Vehicle Safety Act (Canada), have those seat belt assemblies and anchorages, which were installed in the vehicle, and those seat belt assemblies and anchorages shall not be rendered partly or wholly inoperative or modified so as to reduce their effectiveness; and

             (d)  where fitted with a seat belt assembly, have each seat belt anchorage secure and each buckle and retractor shall operate as intended and a belt webbing shall not be visibly damaged so as to reduce its effectiveness.

 

      39. The regulations are amended by adding immediately after section 34 the following:

Overhead package shelves - commercial vehicle

   34.1 A commercial vehicle shall, where fitted with overhead package shelves, have its overhead package shelves securely mounted and not have broken, missing, excessively worn or excessively stretched package retaining components.

 

      40. The regulations are amended by adding immediately after section 35 the following:

Bumpers - commercial vehicle

   35.1 A commercial vehicle shall

             (a)  be equipped with properly mounted bumpers; and

             (b)  not have protruding from a bumper, fender, moulding or other part a broken, bent or sharp edge.

 

      41. The regulations are amended by adding immediately after section 35.1 the following:

Mudguards and fenders

   35.2 (1) A motor vehicle and a trailer shall be equipped with mudguards or fenders adequate to reduce effectively the wheel spray or splash of water from the roadway to the rear of the vehicle or trailer, unless adequate protection is afforded by the body of the motor vehicle or trailer or by a trailer drawn by the motor vehicle.

             (2)  Notwithstanding subsection (1), a commercial vehicle other than a bus or school bus shall be equipped with properly mounted fenders and mudguards.

 

      42. The regulations are amended by adding immediately after section 36 the following:

Hood and cab latches - commercial vehicle

   36.1 Notwithstanding section 36, a commercial vehicle shall be equipped with

             (a)  a working hood latch mechanism or safety catch;

             (b)  a working tilt cab latch mechanism where one is required.

 

      43. The regulations are amended by adding immediately after section 37 the following:

Occupant compartment door - commercial vehicle

   37.1 (1) An occupant compartment door on a commercial vehicle shall open freely when its release mechanism is actuated and shall close securely and the flexible material on closing edges, where originally fitted, shall not be missing, excessively loose or torn.

             (2)  Where a commercial vehicle has an exit door other than a door to be used only in an emergency,

             (a)  the exit door shall not open when a moderate amount of manual force is applied when the driver's door control is in the "closed" position, and the audible or visual warning device, if fitted, shall function properly;

             (b)  the brake and accelerator interlock systems on the vehicle, if fitted, shall automatically apply the rear brakes and hold them in the applied position, and the engine speed shall be prevented from exceeding idle speed until the door control is moved to the "closed" position and the door has closed, when the driver's control is in the open position; and

             (c)  where the exit door is fitted with sensitive edges and the door is not fully closed, manual pressure applied to a sensitive edge shall cause the door to reopen, and the audible or visual warning device, if fitted, shall function properly, and the requirements set out in paragraph (b) shall apply.

 

      44. The regulations are amended by adding immediately after section 37.1 the following:

Exterior compartment door - commercial vehicle

   37.2 An exterior compartment door on a commercial vehicle shall

             (a)  be securely attached to the body of a commercial vehicle; and

             (b)  other than a door to which subsection 37(1) applies, be equipped with a lock, latch or spring device that shall hold the door closed.

 

      45. The regulations are amended by adding immediately after section 39 the following:

Hitches - commercial vehicle

   39.1 On a commercial vehicle

             (a)  a trailer hitch or towing structure to which a trailer hitch is attached shall be securely mounted;

             (b)  a latch mechanism shall close securely;

             (c)  a part of a trailer hitch, hitch mounting and connecting device for cables and chains shall not be missing, cracked, broken, excessively bent, seized or excessively worn;

             (d)  a cast or forged hitch shall not show any indication that repairs have been made by means of brazing or welding; and

             (e)  connecting devices provided at the rear of the commercial vehicle for the attachment of a safety chain or cable shall be securely fastened, in good repair and not removed.

 

      46. The regulations are amended by adding immediately after section 41 the following:

Lubrication - commercial vehicle

   41.1 A carrier shall ensure that a commercial vehicle under its control is

             (a)  properly lubricated; and

             (b)  free of oil and grease leaks.

 

      47. The regulations are amended by adding immediately after section 41.1 the following:

Chassis frame and underbody - commercial vehicle

   41.2 (1) A chassis frame member or structural member of a unitized or monocoque body of a commercial vehicle shall not be visibly cracked or perforated by corrosion or have loose or missing connecting fasteners which may degrade the safety of the vehicle or jeopardize its handling characteristics.

             (2)  The underbody of a commercial vehicle, excluding the underbody of a separate cargo body, shall not be visibly perforated by rust or otherwise damaged or have an opening other than those intended by the manufacturer.

 

      48. The regulations are amended by adding immediately after section 41.2 the following:

Drive shaft - commercial vehicle

   41.3 (1) A commercial vehicle's drive shaft hanger brackets and guards shall have working, securely attached, undamaged fasteners.

             (2)  A commercial vehicle shall have a secure drive shaft guard or hanger bracket.

 

      49. The regulations are amended by adding immediately after section 41.3 the following:

Neutral safety starting switch - commercial vehicle

   41.4 (1) A neutral safety starting switch shall not be removed from a commercial vehicle.

             (2)  On a commercial vehicle, a starter shall not operate unless the gear selector or transmission is in park or neutral.

 

      50. (1) Subsection 42(1) of the regulations is repealed and the following substituted:

Inspecting and testing vehicles

      42. (1) An inspector may inspect and test a vehicle on a highway or, with the consent of the owner or carrier, on the owner's or carrier's premises or on the premises where the vehicle is at the expense of the owner or carrier of the vehicle and either before or after the licence for the vehicle is issued.

             (2)  Subsection 42(3) of the regulations is repealed and the following substituted:

             (3)  A vehicle suspended on a highway shall be removed from the highway within 24 hours of suspension and costs associated with removal and official inspection of the vehicle shall be the responsibility of the owner of the vehicle or the carrier of the commercial vehicle.

 

      51. The regulations are amended by adding immediately after section 42 the following:

Inspection - carrier or commercial vehicle

   42.1 (1) On inspecting a building, place, container or commercial vehicle, an inspector may examine and make copies and extracts of books, records, shipping documents or other documents or papers that he or she believes on reasonable grounds contain information relevant to the administration or enforcement of these regulations respecting carriers or commercial vehicles.

             (2)  An inspector may, on inspection, remove books, records, shipping documents or other documents or papers for the purpose of copying them, and shall provide the carrier or his or her representative a receipt for them, and shall immediately make copies and return the originals to the carrier or his or her representative.

             (3)  Where he or she considers it necessary, an inspector may make a reasonable request for assistance from the carrier or his or her representative.

             (4)  A carrier or his or her representative shall give an inspector all reasonable assistance to enable an inspector to carry out his or her duties.

             (5)  Where an inspector is satisfied on reasonable grounds that a provision of these regulations respecting a carrier or a commercial vehicle has been contravened, he or she may seize goods, components or documents or give direction to a carrier for the removal or storage of goods, components or documents.

             (6)  Where an inspector makes a seizure under subsection (5), he or she shall provide the carrier or his or her representative a receipt for the goods, components or documents.

 

      52. The regulations are amended by adding immediately after section 42.1 the following:

Entry by inspector - carrier's place of operation

   42.2 (1) During the normal working hours of a carrier, an inspector may enter and inspect a building or place where he or she believes on reasonable grounds a carrier to be operating from or to be a home terminal of a carrier, and request that the records required under these regulations be opened or otherwise made available for inspection.

             (2)  Where a building or place referred to in subsection (1) is a dwelling house, an inspector may not enter that dwelling house without the consent of the occupant except under the authority of a warrant issued under subsection (3).

             (3)  An inspector may make an application to a Provincial Court judge without notice to a carrier, which states under oath or affirmation that

             (a)  the conditions for entry described in relation to subsection (1) exist in relation to a dwelling house;

             (b)  entry to the dwelling house is necessary for a purpose relating to the administration or enforcement of these regulations; and

             (c)  entry to the dwelling house has been refused or that there are reasonable grounds for believing that entry will be refused,

and the Provincial Court judge may issue a warrant authorizing the inspector to enter that dwelling house subject to such conditions that may be specified in the warrant.

             (4)  An inspector shall not use force in executing a warrant unless he or she is accompanied by a peace officer and the use of force is specifically authorized in the warrant.

 

      53. Section 43 of the regulations is repealed and the following substituted:

Maintenance of equipment

      43. Equipment required to be fitted to a vehicle by virtue of these regulations shall be maintained in good and efficient working order and securely fastened by the owner of the vehicle or carrier of the commercial vehicle.

 

      54. The regulations are amended by adding immediately after section 43 the following:

Repairs, maintenance and records - commercial vehicle

   43.1 (1) A carrier shall systematically inspect, repair and maintain commercial vehicles under its control, and shall ensure that

             (a)  commercial vehicles under the control of a carrier comply with these regulations;

             (b)  parts and accessories which affect the safety of the operation of a commercial vehicle are in safe and proper operating condition; and

             (c)  replacement parts are designed for the application for which those parts are used, properly installed and, where practical, replacement parts certified by a recognized standards testing organization are used.

             (2)  A carrier shall maintain in relation to a commercial vehicle

             (a)  records identifying the vehicle, including the company number, make, model, identification plate number, serial number, year and tire size;

             (b)  a record of the name of the owner of the vehicle where the vehicle is not owned by the carrier;

             (c)  a means to indicate the nature and due date of the various inspection and maintenance operations to be performed;

             (d)  a record of inspections, repairs and maintenance indicating the date and nature of the inspections, repairs and maintenance;

             (e)  a lubrication record; and

              (f)  a record of modifications involving axles or suspensions which affect a manufacturer's gross vehicle weight rating or gross axle weight rating.

             (3)  A carrier shall retain records required under this section at the location that the commercial vehicle is housed or maintained, and shall retain those records for a period of 2 years and for 6 months after the vehicle leaves the carrier's control.

             (4)  It is an offence to operate or cause to be operated a commercial vehicle which is not subject to a systematic inspection, repair and maintenance program.

             (5)  It is an offence for a carrier to fail to maintain records, destroy records or to falsify records required by these regulations.

 

      55. Section 50 of the regulations is repealed.

 

      56. The regulations are amended by adding immediately after section 50 the following:

Inconsistent provisions

   50.1 In the event of an inconsistency between the following regulations and other regulations made under the Act, the following regulations shall prevail:

             (a)  sections 2.3, 19.1, and 25.2 to 25.18, subsections 26(4.1) and (6), sections 28.1 and 29.1, subsection 32(6), sections 33.1, 33.3, 33.4, 34.1, and 35.1, subsection 35.2(2), and sections 36.1, 37.1, 37.2, 39.1, 41.1, 41.2, 41.3, 41.4, 42.1, 42.2 and 43.1; and

             (b)  section 6.5, subsections 7(9.1) and (9.2), paragraph 26(5)(b), section 30, subsections 32(2) and (4), and sections 33.2, 41 and 43 where they apply to a carrier or a commercial vehicle.

 

      57. The regulations are amended by adding immediately after section 50.1 the following:

Offences

   50.2 (1) It is an offence to operate a vehicle not in compliance with these regulations.

             (2)  It is an offence to cause to be operated a commercial vehicle not in compliance with these regulations.

             (3)  It is an offence to obstruct or hinder an inspector in the performance of his or her duties in relation to these regulations.

Repeal

      58. The Commercial Vehicle Maintenance Standards Regulations, Consolidated Newfoundland and Labrador Regulation 1161/96, are repealed.