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Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 15/96

CONSOLIDATED NEWFOUNDLAND REGULATION 15/96

Highway Traffic Trip Inspection Report Regulations
under the
Highway Traffic Act
(O.C. 96‑159)

Under the authority of sections 187 and 197 of the Highway Traffic Act and the Subordinate Legislation Revision and Consolidation Act, the Lieutenant‑Governor in Council makes the following regulations.

REGULATIONS

Analysis


        1.   Short title

        2.   Definitions

        3.   Inspection of commercial vehicles

        4.   Inspected items

        5.   Notation of defects

        6.   Daily recording of observed defects

        7.   Inspection report

        8.   Repairs, evidence of repairs required

        9.   Non‑application to transportation of primary products

      10.   Non‑application of other requirements

      11.   Non‑application of regulations

      12.   Determination of compliance

      13.   Record inspection

      14.   Powers on non‑compliance

      15.   Offence

      16.   Repeal

Schedule A

Schedule B


Short title

        1. These regulations may be cited as the Highway Traffic Trip Inspection Report Regulations.

217/89 s1

Definitions

        2. In these regulations

             (a)  "Act" means the Highway Traffic Act;

             (b)  "carrier" means a person, partnership or corporation that owns, leases or is responsible for the operation of a commercial vehicle for the purpose of transporting passengers or goods;

             (c)  "commercial vehicle" means

                      (i)  a truck, tractor or trailer or a combination of them exceeding a registered gross mass of 4,500 kilograms, or

                     (ii)  a bus designed, constructed and used for the transportation of passengers with a designated seating capacity of more than 7 including the driver but excluding the operation for personal use;

             (d)  "driver" means a person who drives or is in actual physical control of a commercial vehicle subject to these regulations;

             (e)  "emergency vehicle" means

                      (i)  a motor vehicle driven by a peace officer or by a member of the police branch of one of Her Majesty's Armed Forces where there is an urgent emergency justifying a rate of speed in excess of a maximum rate of speed provided for in the Act and includes a vehicle so operated by a chief of a volunteer fire department,

                     (ii)  a motor vehicle carrying firefighting equipment in responding to an alarm of fire,

                    (iii)  an ambulance responding to a call or transporting a patient where there is an urgent emergency justifying a rate of speed in excess of a maximum rate of speed provided for by the Act;

              (f)  "inspector" means a traffic officer or a person appointed under the Act to inspect or examine vehicles or drivers and records pertaining to either;

             (g)  "recreational vehicle" means

                      (i)  a wheeled vehicle designed as mobile accommodation, including a cabin trailer, collapsible cabin trailer, tent trailer, camping trailer and self‑propelled mobile accommodation, or

                     (ii)  a vehicle used to transport recreational equipment such as a snowmobile, water craft, fishing and hunting equipment, motorcycle, bicycle, where the transport is not in connection with a business, employment or commercial enterprise; and

             (h)  "work shift" means the period of a day during which a driver is considered to be on duty in accordance with the Highway Traffic Hours of Service Regulations.

217/89 s2

Inspection of commercial vehicles

        3. (1) Subject to sections 7, 8 and 9, a driver shall inspect each commercial vehicle which he or she drives or cause it to be inspected on a daily basis before its first trip of the day.

             (2)  Where a trip is a continuous trip involving more than one day, the daily inspection shall take place no later than the first rest stop of the day.

             (3)  Where a driver operates more than one commercial vehicle in a work shift, he or she shall perform a separate inspection on each commercial vehicle.

             (4)  A driver who contravenes the provisions of subsection (1), (2) or (3) is guilty of an offence and on summary conviction is liable to a fine of not less than $25 nor more than $100.

             (5)  A person who allows or causes a driver to contravene the provisions of subsection (1), (2) or (3) is guilty of an offence and on summary conviction is liable to a fine of not less than $75 nor more than $300.

             (6)  For the purposes of determining an offence under subsection (5), each day that a violation occurs or continues shall be considered a separate offence in relation to each driver identified under subsection (5).

217/89 s3; 148/92 s1

Inspected items

        4. An inspection under section 3 shall include an inspection of the items set out in Schedules A and B that are part of the commercial vehicle.

217/89 s4

Notation of defects

        5. The driver, or the person designated by the driver, while completing the inspection shall note in an inspection report any safety related defects in the items referred to in Schedules A and B, or if none, the report shall so indicate.

217/89 s5

Daily recording of observed defects

        6. In addition to any defects noted in the inspection required by section 3, a driver shall at the end of the day record in the inspection report any defects observed while in charge of the vehicle.

217/89 s6

Inspection report

        7. (1) An inspection report required by these regulations shall contain the following information where applicable:

             (a)  motor vehicle make;

             (b)  motor vehicle licence plate number;

             (c)  trailer(s) licence plate numbers;

             (d)  date of inspection;

             (e)  a list of the items to be inspected as set out in Schedules A and B.

             (2)  A driver or the person designated by the driver to perform an inspection shall sign an inspection report upon completion and before commencing the first trip.

217/89 s7

Repairs, evidence of repairs required

        8. (1) Before operating or causing a commercial vehicle to be operated, a carrier or its agent shall repair a defect or deficiency listed on the vehicle inspection report that would be likely to affect the safe operation of the vehicle.

             (2)  A carrier or an agent of a carrier shall certify on each report which lists any defect or deficiency that the defect or deficiency has been corrected or that the defect or deficiency does not affect the safe operation of the commercial vehicle and that correction is not immediately necessary before the vehicle is dispatched.

             (3)  Certification as required by subsection (2) shall include the name, legibly printed, of the person certifying the inspection report, the date and time of certification and the signature of the person making the certification.

             (4)  A carrier shall retain, for not less than 3 months from the date the inspection report was prepared,

             (a)  the original copy of each vehicle inspection report; and

             (b)  the copy bearing the certification as required by subsection (2).

             (5)  The driver shall carry in the power unit of the vehicle a duplicate copy of the vehicle inspection report prepared that day and a duplicate or copy of the previous day's trip inspection report for that vehicle.

             (6)  A person who contravenes the provisions of subsection (1), (2), (3) or (4) or who falsely certifies a report under subsection (2) is guilty of an offence and on summary conviction is liable to a fine of not less than $500 nor more than $2,000.

             (7)  For the purposes of determining an offence under subsection (6), each repair not performed or each report falsely certified shall be considered to be a separate offence.

             (8)  A driver who contravenes the provisions of subsection (5) is guilty of an offence and on summary conviction is liable to a fine of not less than $25 nor more than $100.

217/89 s8; 148/92 s2

Non‑application to transportation of primary products

        9. These regulations shall not apply to a driver operating any 2 or 3 axle commercial vehicle that is used for the transportation of primary products of a farm, forest, sea or lake, provided the driver or his or her employer is the producer of those products.

217/89 s9

Non‑application of other requirements

     10. The requirements of sections 5, 6 and 7 shall not apply to a driver operating within a radius of 160 air kilometres of the location at which he or she normally reports for the work shift where he or she is to return to that location and be released from work within 15 hours.

217/89 s10

Non‑application of regulations

     11. These regulations shall not apply to

             (a)  a commercial vehicle exempted by the Registrar of Motor Vehicles;

             (b)  an emergency vehicle;

             (c)  a commercial vehicle transporting passengers or goods to or from a section of the country with the object of providing relief in the case of an earthquake, flood, fire, famine, drought, epidemic, pestilence or other calamitous visitation or disaster;

             (d)  a recreational vehicle.

217/89 s11

Determination of compliance

     12. An inspector may, for the purpose of determining compliance with these regulations, request a driver to produce the duplicate copies of the vehicle inspection reports required to be carried by subsection 8(5) and the driver shall immediately produce the required vehicle inspection reports.

217/89 s12

Record inspection

     13. Where it is necessary to confirm compliance with these regulations, an inspector may enter upon the premises of a carrier during the normal business hours of that carrier and inspect the records required to be maintained by these regulations and the carrier shall produce these records upon demand of an inspector and provide all reasonable assistance to the inspector in reviewing the records.

217/89 s13

Powers on non‑compliance

     14. Where an inspector has reasonable grounds to believe an offence has been committed under these regulations, the inspector may seize all records necessary to the determination of compliance or the inspector may make copies of the records and the inspector shall provide the driver or carrier, as applicable, with a receipt for the seized or copied records.

217/89 s14

Offence

     15. A person who contravenes a provision of these regulations for which a penalty is not specifically provided is guilty of an offence and on summary conviction is liable to a fine of not less than $25 nor more than $100 for each contravention.

148/92 s3

Repeal

      16. The Highway Traffic (Trip Inspection Report) Regulations, 1989, Newfoundland Regulation 217/89, are repealed.


Schedule A

Exterior Inspection Items

        1. All lights and reflectors, equipped and functioning as required by the Act and the regulations.

        2. Wheels and fasteners, for wheel or rim cracks, defective lack rings, loose or missing fasteners.

        3. Tires, for tread depth, flat or a noticeable leak, any visible bumps or bulges, mixture of bias and radial tires on the same axle, contact with a part of the vehicle or another tire.

        4. Fuel system, for a visible leak at any point, tank filler caps shall not be missing, fuel tank shall be securely mounted.

        5. Exhaust system, for audible leaks, missing or loose components, secure mounting.

        6. Fifth wheel, for loose, missing or ineffective fasteners, missing, broken or deformed parts in the locking mechanism, operating handle being in closed or locked position when in use.

        7. Suspension, spring, air bags and controlling attachments, for any cracked, broken, loose or missing axle positioning or fastening parts, broken or missing spring leaves, broken coil springs, deflated air suspension due to system failure or leaking air bag.

        8. Towing and coupling devices as required by the Act and the regulations, for missing or unattached safety devices, or safety devices not capable of secure attachment, wear, kinks or broken cable strands, improper repairs.

        9. Load security, for compliance with the requirements of the Highway Traffic Load Security Regulations and the Highway Traffic Log Security Regulations.

     10. Air brake adjustment and connections, for absence of braking action on each wheel, missing, broken or loose mechanical components where readily visible, audible air leaks and brake readjustment limits.

     11. Hydraulic brake fluid, for level and visible leakage.

     12. Power steering fluid, for level and visible leakage.

     13. Mirrors, for presence, condition and adjustment, as required by the Act and the regulations.

217/89 Sch I


Schedule B

Interior Inspection Items

        1. Steering wheel, for excessive play, looseness.

        2. Brake pedal, for reserve and fade.

        3. Brake booster operation.

        4. Brake failure warning light, function as intended.

        5. Brake air pressure or vacuum gauge.

        6. Low air pressure or low vacuum warning signal.

        7. Windshield wiper and washer, functions as intended, fluid level.

        8. Windshield and windows, afford a clear view.

        9. Mirrors, adjustment and condition.

     10. Defroster and heaters, function as intended.

     11. Horn, functions as intended.

     12. Driver seat belt and seat security, function as intended.

     13. Parking brake, adequate to hold vehicle.

     14. Emergency equipment, present and functioning as intended, as required by the Act and the regulations.

217/89 Sch II