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Newfoundland and Labrador
Regulation 2014


NEWFOUNDLAND AND LABRADOR REGULATION 73/14

NEWFOUNDLAND AND LABRADOR
REGULATION 73/14

Carrier Safety Regulations (Amendment)
under the
Highway Traffic Act

(Filed September 3, 2014)

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

Dated at St. John’s, August 29, 2014.

David Brazil
Minister of Service Newfoundland and Labrador

REGULATIONS

Analysis


        1.   Sch. Amdt.


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 Hours of Service Regulations and substituting the following:

 

Hours of Service Regulations Provision

Compliance Indicators

Description of Offence

5(1)(a)

1

Carrier, shipper, cosignee or person requesting, requiring or allowing a driver to drive or a driver driving while driver’s faculties impaired to the point where unsafe to drive.

5(1)(b)

1

Carrier, shipper, cosignee or person requesting, requiring or allowing a driver to drive or a driver driving where driving would jeopardize the safety or health of the public, the driver or the employees of the carrier.

5(1)(c)

1

Carrier, shipper, cosignee or person requesting, requiring or allowing a driver to drive or a driver driving where the driver is the subject of an out-of-service declaration.

5(1)(d)

1

Carrier, shipper, cosignee or person requesting, requiring or allowing a driver to drive or a driver driving where driving would not be in compliance with the regulations.

8(1)

3

Carrier requesting, requiring or allowing a driver to drive or a driver driving after the driver has accumulated 13 hours of driving time in a day.

8(2)

3

Carrier requesting, requiring or allowing a driver to drive or a driver driving after the driver has accumulated 14 hours of on-duty time in a day.

9(1)

3

Carrier requesting, requiring or allowing a driver to drive or a driver driving without having taken at least 8 consecutive hours of off-duty time after the driver accumulated 13 hours of driving time.

9(2)

3

Carrier requesting, requiring or allowing a driver to drive or a driver driving without having taken at least 8 consecutive hours of off-duty time after the driver accumulated 14 hours of on-duty time.

9(3)

3

Carrier requesting, requiring or allowing a driver to drive and a driver driving after 16 hours have elapsed between the conclusion of the most recent period of 8 or more consecutive hours of off-duty time and the beginning of next 8 or more consecutive hours of off-duty time.

10

1

Carrier failing to ensure that driver has taken or driver failing to take at least 10 hours of off-duty time in a day as prescribed by the regulations.

15

1

Carrier failing to ensure that driver follows or driver fails to follow either cycle 1 or 2.

16(1)

3

Carrier requesting, requiring or allowing a driver to drive or a driver driving without having taken at least 24 consecutive hours of off-duty time in the preceding 14 days.

17(1)

3

Carrier requesting, requiring or allowing a driver who is following cycle 1 or a driver who is following cycle 1 driving after the driver has accumulated 70 hours of on-duty time in 7 days or if the driver reset the cycle during the period of the cycle that was ended.

18(1)(a)

3

Carrier requesting, requiring or allowing a driver who is following cycle 2 to drive or a driver who is following cycle 2 driving after having accumulated 120 hours of on-duty time in 14 days or if the driver reset the cycle during the period of the cycle  that was ended.

18(1)(b)

3

Carrier requesting, requiring or allowing a driver who is following cycle 2 to drive or a driver who is following cycle 2 driving after having accumulated 70 hours of on-duty time without having taken at least 24 consecutive hours of off-duty time.

20(1)

1

Carrier requesting, requiring or allowing a driver to switch or a driver switching cycles without first taking the prescribed off-duty time before beginning to drive again.

39(1)

1

Carrier failing to perform its obligations as a permit holder.

39(2)

1

Driver violating or carrier allowing a driver to violate the terms and conditions of a permit.

43(1)

2

Carrier failing to require a driver or driver failing to complete a daily log accounting for all of the driver’s on-duty and off-duty time for that day.

44

2

Carrier failing to require driver or driver failing to legibly enter the prescribed information in the daily log.

46(1)

1

Carrier requesting, requiring or allowing a driver to drive or a driver driving while not in possession of daily logs and supporting documents.

47(1) and (2)

1

Carrier failing to ensure that driver or driver failing to forward the original daily log and supporting documents to the home terminal within the prescribed time period.

47(3)

1

Carrier failing to deposit daily logs and supporting documents at its principal place of business within the prescribed time period or failing to retain the daily logs and supporting documents for the prescribed time period.

48(1) and (2)

3

Carrier requesting, requiring or allowing driver to keep or driver keeping more than one daily log, entering or allowing inaccurate information in a daily log or falsifying, mutilating or defacing the daily log or supporting documents.

49(1) and (2)

1

Carrier failing to monitor compliance of driver with regulatory requirements or failing to take remedial action where non-compliance exists.

52(4)

3

Obstructing, hindering or knowingly making false or misleading statements to a director or inspector engaged in carrying out his or her duties.

53

1

Driver failing to produce or failing to make copies of logs as requested by an inspector.

54(1)

3

Carrier failing to make records immediately available at request of inspector.