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Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 988/96

CONSOLIDATED NEWFOUNDLAND REGULATION 988/96

Vehicles Regulations
under the
Highway Traffic Act
(O.C. 96‑215)

Under the authority of section 187 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.   Weights and dimensions

        4.   Axle configurations

        5.   Permitted mass

        6.   Special permit

        7.   Excessive axle mass

        8.   Non‑application

        9.   Prohibited vehicles

      10.   Penalty

      11.   Calculation of penalty

      12.   Non‑application to designated highway

      13.   Additional penalties

      14.   Transition

      15.   Qualities of special permits

      16.   Logging trucks

      17.   Repeal

Schedules


Short title

        1. These regulations may be cited as the Vehicles Regulations.

191/89 s1

Definitions

        2. In these regulations

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

             (b)  "axle" means a single axle which transfers the load carried by it approximately equally to the wheel or wheels attached to each end of the axle;

             (c)  "axle configuration" includes

                      (i)  "dual or tandem axle" which means any 2 consecutive axles of which the centres are not less than 1.2 metres and not more than 1.85 metres apart that are articulated from a common attachment to the vehicle and are designed to equalize the load between the 2 axles,

                     (ii)  "tri or triple axle or tridem" which means any 3 consecutive axles that have their consecutive centres equally spaced not less than 1.2 metres and not more than 1.85 metres apart and are articulated from an attachment to the vehicle common to the axles and designed to equalize the load between the 3 axles at all times,

                    (iii)  "2 axle group" means 2 consecutive single axles not including the front axle of a motor vehicle that are entirely within a motor vehicle, trailer or semi‑trailer with a spacing between them of less than 2.4 metres,

                    (iv)  "3 axle group" which means 3 consecutive axles not including the front axle of a motor vehicle that are entirely within a motor vehicle, trailer or semi‑trailer and in which the spacings between the consecutive axles does not exceed 2.4 metres;

             (d)  "axle mass" means the mass indicated when the vehicle is weighed with the rear wheels or with the front wheels on the scales or weighing device or with other wheels on the scales or weighing device where those wheels are mounted on the same axle;

             (e)  "dump truck" means a vehicle designed and used for the transportation of asphalt, rock, sand, fill, coal, minerals, salt, snow or other materials which can be loaded, transported and unloaded in the usual manner of a dump truck without causing undue damage to the materials but does not include a vehicle equipped with and used for a plough;

              (f)  "gross axle mass rating" means the establishment of mass by the weakest suspension component, be it springs, axle, wheels or tires;

             (g)  "gross vehicle mass" means the total combined mass transmitted to the highway by a vehicle and its load or the total mass of a combination of vehicles and its load transmitted to the highway;

             (h)  "logging truck" means a tractor trailer or an A, B or C‑train combination which is used exclusively for the transportation of raw timber from the harvest site to the timber mill and the trailers are specifically designed and outfitted for the carriage of raw timber;

              (i)  "minister" means the minister appointed under the Executive Council Act to administer the Act;

              (j)  "registration permit" means a permit which has been issued under the Act or issued under the laws of another jurisdiction respecting registered mass or ownership of a vehicle or combination of vehicles and which has not expired nor has been suspended or cancelled;

             (k)  "retread tire" means a tire produced by the application of new rubber to a used pneumatic tire for the purpose of restoration of the tread or rebuilding of the tire, whether tread only or tread and sidewall;

              (l)  "semi‑trailer" means a vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part of its mass and that of its own load rests upon or is carried by another vehicle;

            (m)  "special permit" means an endorsement relating to mass or dimension on a licence, permit or temporary permit issued under the Act;

             (n)  "tire" means that part of a wheel, roller or other contrivance for the moving of an object upon a highway which comes into direct contact with the surface of the highway;

             (o)  "truck" means a motor vehicle that is constructed or primarily used for the transportation of property or passengers;

             (p)  "truck‑tractor" means a motor vehicle designed and used primarily for drawing another vehicle and not so constructed as to carry a load other than a part of the mass of the vehicle and load so drawn;

             (q)  "vehicle" means a device in, upon or by which persons or property may be transported or drawn upon or over a highway; and

              (r)  "wheel mass" means the mass indicated when a vehicle is weighed with any wheel or wheels attached to one end of the axle on weigh scales or other weighing device.

191/89 s2; 45/90 s1; 219/91 s1

Weights and dimensions

        3. (1) A person shall not operate a vehicle or combination of vehicles defined in these regulations, unless

             (a)  each axle of its axle configuration is equipped with tires of equal size and equal capacity; and

             (b)  each axle of its axle configuration is equipped with brakes.

             (2)  Unless a special permit has been issued under these regulations, a person shall not operate upon a highway a vehicle or combination of vehicles, either unladen or with load, and equipped with pneumatic tires

             (a)  having a mass in excess of the mass in kilograms represented upon the registration permit issued in respect of that vehicle or combination of vehicles;

             (b)  having an axle mass in excess of 9,100 kilograms unless that axle is an axle on a low bed semi‑trailer mounted on 8 wheels in a line across the width of the semi‑trailer in which case the axle mass shall not exceed 12,250 kilograms;

             (c)  having a steering axle mass in excess of the registered gross axle mass rating;

             (d)  having a steering axle representing 3,200 kilograms or more of the vehicle's registered mass and installed upon that axle a wheel with a retread tire attached;

             (e)  having an axle mass in excess of the maximum mass specified in Schedule A for an axle configuration;

              (f)  having an axle configuration set out in these regulations where the load on an axle varies by more than 1,000 kilograms from the load on another axle of the axle configuration;

             (g)  having a mass in excess of 4,500 kilograms on an axle of an assembly of 2 or more consecutive axles which are not an axle configuration; or

             (h)  having a mass in excess of the allowable mass shown in kilograms in accordance with Schedule A.

             (3)  No tolerance shall be permitted on the total gross allowable weight listed in Schedule A for the A‑train configuration, the B‑train configuration or the C‑train configuration.

             (4)  Notwithstanding

             (a)  paragraph (2)(c), a person shall not operate or cause to be operated a tandem dump truck with a steering axle load in excess of 7,300 kilograms; and

             (b)  paragraph (2)(e), the mass allowed on the tandem axle configuration of a tandem dump truck may exceed the mass permitted in Schedule A for the axle configuration by the amount by which the manufacturer's steering axle rating exceeds 7,300 kilograms.

191/89 s3; 219/91 s2

Axle configurations

        4. (1) A person shall not operate upon a highway a vehicle or combination of vehicles with an axle configuration other than those set out in Schedule B or C and the mass on the axle configuration shall not exceed the mass specified in Schedule A or C.

             (2)  For the purposes of calculating registered mass and the issuing of registration permits for vehicles, trailers or truck‑tractor and semi‑trailer combinations the mass for each axle configuration shall be as specified in Schedule A or C.

             (3)  A vehicle having an axle configuration other than as specified in Schedule B or C shall not obtain a registration permit.

             (4)  Notwithstanding subsection (3), the registrar may issue a registration permit for a vehicle having an axle configuration not specified by these regulations subject to any terms or conditions that may be considered appropriate.

             (5)  A person shall not operate upon a highway a vehicle either unladen or with load and equipped with solid rubber tires having a mass in excess of the mass in kilograms represented upon the permit issued in respect of that vehicle or having an axle mass in excess of 75% of the axle mass prescribed for vehicles with pneumatic tires.

             (6)  A person shall not operate upon a highway a vehicle, whether unladen or with load, having a wheel mass in excess of 55% of the mass prescribed by these regulations for an axle upon which that wheel is mounted.

             (7)  Notwithstanding the provisions of this section, the minister or a person designated by him or her may determine and fix a lesser maximum load that may be carried over a bridge or section of highway and may erect and maintain signs giving notice of the lesser maximum load.

             (8)  Where the signs referred to in subsection (7) have been erected and maintained, a person shall not drive or move over those bridges or a section of highway a vehicle having a mass, unladen or with load, in excess of the maximum load stated on those signs.

             (9)  Notwithstanding other provisions of these regulations, where a vehicle registered under the laws of another jurisdiction may be legally operated within the province without being registered in the province, a person shall not operate that vehicle within the province while having a mass in excess of the maximum mass certified by the Registrar of Motor Vehicles to be permitted in the case of a similar vehicle registered within the province.

           (10)  Notwithstanding anything else in these regulations, where one of the axles of an axle configuration is a lift axle, the maximum allowable weight that the configuration may be registered for shall be as detailed in Schedule C and a person shall not operate upon a highway a vehicle either unladen or with load having a mass for the configuration with a lift axle in excess of the mass specified in Schedule C.

191/89 s4

Permitted mass

        5. (1) The maximum permitted mass set out in Schedule A shall be the maximum mass for which a vehicle or combination of vehicles described in it may be registered.

             (2)  Notwithstanding subsection (1) and subject to section 8, the registrar may register a vehicle or combination of vehicles for a mass greater than the permitted mass set out in Schedule A where the owner of the vehicles has provided the registrar with a certificate respecting the gross axle mass rating of the steering axle and that other information as may be required by the registrar in order that the registrar may determine a safe registered mass in respect of the vehicle or combination of vehicles where application has been made for a greater registered mass.

             (3)  The certificate provided to the registrar in accordance with subsection (2) respecting gross axle mass rating provided by the owner supporting an application for increased mass registration on the steering axle shall have the signature of the manufacturer's agent as to the technical competence of that axle and attachments.

191/89 s5

Special permit

        6. (1) The minister or a person authorized by him or her may issue a special permit authorizing a person to operate or move a vehicle or combination of vehicles, object or structure which exceeds the mass or dimensions specified in these regulations, subject to the terms and conditions that may be considered appropriate.

             (2)  A special permit issued in respect of a combination motor vehicle and a trailer or semi‑trailer may specify the maximum permitted axle mass of all axles of an axle configuration of that commercial motor vehicle and trailer or semi‑trailer either in addition to or instead of specifying the total maximum permitted mass of that commercial motor vehicle and trailer or semi‑trailer.

             (3)  A person shall not obtain a special permit for overmass for a vehicle or combination of vehicles when the registered gross mass is less than the maximum allowable registered gross mass for the vehicle or combination of vehicles for which an application for a special permit is made.

             (4)  Applications for a special permit may be made by telex, facsimile, in person or in writing and shall state the estimated maximum mass on highways or parts of highways over which the vehicle, object or structure is to be operated or moved and other information that the department may require.

             (5)  Special permits may be in respect of one operation or movement of the vehicle object or structure or may be for operations or movements for a limited period of time during any season of the year.

             (6)  Every special permit shall be carried in the vehicle or combination of vehicles, object or structure to which it refers and shall be produced at the request of a peace officer or officers so designated by the minister.

             (7)  Notwithstanding a special permit issued under these regulations, every person who drives, operates or moves a vehicle, combination of vehicles, object or structure on or over a highway shall be liable for damage caused to a highway.

             (8)  Vehicles operating under special permit authority shall display a sign, notice or symbol as per Schedule D and that sign, notice or symbol shall be displayed to the front and to the rear of the vehicle only when an over dimensional vehicle or load is 3.05 metres in width or greater, length in excess of 25 metres or height in excess of 4.15 metres.

             (9)  If a vehicle, combination of vehicles or its load is less than the dimensions referred to in subsection (8), then that subsection does not apply unless otherwise specified on the special permit issued for the movement of those vehicles or loads.

           (10)  The minister may require from a person to whom a special permit is issued a bond sufficient to cover the cost of repairing damage to a highway that may result from the operation or movement of a vehicle, object or structure otherwise than in accordance with the permit.

           (11)  The minister may revoke a special permit for any reason which he or she considers sufficient.

           (12)  A person shall not operate upon a highway a vehicle or combination of vehicles travelling under special permit authority when the gross mass or the axle mass of an axle or group of axles of that vehicle or combination of vehicles exceeds the mass authorized by the special permit.

           (13)  A person shall not operate upon a highway a vehicle or combination of vehicles that exceeds the axle or gross vehicle mass authorized by a special permit.

           (14)  If a violation of this section occurs,

             (a)  a minimum fine of $35 on each offence shall be levied;

             (b)  under subsection 10(1) an additional penalty shall be imposed as it pertains to excess gross mass or shall be cumulative of the excess mass per each individual configuration, whichever is greater;

             (c)  the movement shall be stopped; and

             (d)  the load shall be reduced to comply with these regulations.

191/89 s6; 42/95 s1

Excessive axle mass

        7. Where an axle mass of a vehicle exceeds 110 kilograms per centimetre of the tire manufacturer's rated tire width in respect of all tires installed on the wheels of the axle

             (a)  a person shall not operate the vehicle, either unladen or with load, upon a highway; and

             (b)  the vehicle shall not be registered under subsections 5(1) and (2).

191/89 s7

Non‑application

        8. Notwithstanding section 7, these regulations do not apply to the operation of a vehicle upon a highway or a portion of a highway that has been designated by the minister for purposes incidental to the construction of that highway

             (a)  where there is represented on the permit for the vehicle the maximum mass that is allowable under the Act and the regulations; or

             (b)  where the vehicle is carrying gravel, sand, stone, asphalt, cement, paving materials and other materials used in highway construction.

191/89 s8

Prohibited vehicles

        9. Notwithstanding section 7, a person shall not drive or draw on a highway

             (a)  a vehicle or combination of vehicles not specified in Schedule A or having dimensions not in accordance with specified vehicle or combination of vehicles in Schedule B; or

             (b)  a truck or truck‑tractor with an overall length inclusive of front and rear bumpers plus a load on that vehicle in excess of 12.5 metres;

             (c)  a 2 axle or 3 axle bus with an overall length, inclusive of front and rear bumpers, in excess of 12.5 metres; and

             (d)  a combination of vehicles such as a truck‑trailer or truck‑tractor semi‑trailer combination with an overall length inclusive of front and rear bumpers and plus load on the combination of vehicles in excess of 25 metres;

             (e)  a semi‑trailer

                      (i)  or second trailer of an A, B or C‑Train combination with a kingpin setback in excess of 2.0 metres, including any projection of load,

                     (ii)  subject to subparagraph (iii), with an overall length in excess of 14.65 metres unless the semi‑trailer is equipped as detailed in Schedule E to these regulations,

                    (iii)  in excess of 16.2 metres;

              (f)  an A, B or C‑Train combination with an overall length in excess of 23.0 metres unless the trailers are equipped as detailed in Schedule E;

             (g)  a combination of trailers referred to as "A" and "C" train combinations with an overall box length in excess of 18.5 metres and total vehicle length in excess of 25 metres;

             (h)  a combination of trailers referred to as "B" train combinations with an overall box length in excess of 20 metres and total vehicle length in excess of 25 metres; or

              (i)  a vehicle which, including its load or contents, has a greater width than 2.6 metres, except

                      (i)  traction engines threshing machines or loads of loose fodder which may have a total width of 2.8 metres maximum,

                     (ii)  rear view mirrors which may extend to a maximum of 20 centimetres on each side beyond the maximum vehicle width of 2.6 metres,

                    (iii)  load securement devices which may extend to a maximum of 10 centimetres on each side beyond the maximum vehicle width of 2.6 metres;

              (j)  a vehicle which, including its load or content, has an overall height above the surface of the highway greater than 4.15 metres.

191/89 s9; 42/95 ss1&2

Penalty

     10. (1) For purposes of convictions under subsection 3(2) and section 4, the penalty shall be a base charge of $24 plus

             (a)  $1.20 for each 50 kilograms of the first 2,300 kilograms;

             (b)  $2.40 for each 50 kilograms of the excess mass over 2,300 kilograms but not over 4,500 kilograms;

             (c)  $3.60 for each 50 kilograms of the excess mass over 4,500 kilograms but not over 7,000 kilograms;

             (d)  $4.80 for each 50 kilograms of the excess mass over 7,000 kilograms but not over 9,000 kilograms;

             (e)  $6 for each 50 kilograms of the excess mass over 9,000 kilograms.

             (2)  Where a vehicle has a dimension in excess of dimensions specified in section 9, the penalty shall be

             (a)  $100 where less than or equal to 0.5 metres overdimension;

             (b)  $150 where greater than 0.5 metres but less than 1.77 metres overdimension;

             (c)  $300 where greater than or equal to 1.77 metres but not more than 2.6 metres;

             (d)  $750 where greater than 2.6 metres overdimension.

             (3)  In addition to the penalty imposed, in no case shall an overweight or overdimension proceed until a special permit has been obtained and all conditions attached have been complied with.

191/89 s10

Calculation of penalty

     11. For the purpose of calculating the penalty under subsection 10(1), a fraction of 50 kilograms

             (a)  being not less than 25 kilograms shall be considered to be 50 kilograms; and

             (b)  if less than 25 kilograms shall be discounted.

191/89 s11

Non‑application to designated highway

     12. These regulations do not apply to the operation of a vehicle upon a highway or a portion of a highway that has been designated by the minister as requiring a reduction in gross mass during particular periods at or between specified times or on specified occasions or in particular circumstances the gross mass reduction referred to shall not exceed a specified percentage of the registered mass or the mass of each axle group as permitted by Schedule A.

191/89 s12

Additional penalties

     13. (1) Every person who fails to obtain a special permit and operates or moves a vehicle or combination of vehicles, object or structure which exceeds the dimensions specified in these regulations is guilty of an offence for which the fine will be $600 in addition to another fine levied under these regulations.

             (2)  Every person who fails to comply with or otherwise contravenes the terms or conditions prescribed in or in respect of or attached to a special permit issued under section 6, in addition to the penalty prescribed by the Act for that failure or contravention, is liable on summary conviction to an additional fine of not less than $600.

             (3)  For the purposes of calculating the penalty under subsection 10(2) the amount overdimension shall be measured for the legal dimension and not from the specified dimension in the special permit.

191/89 s13

Transition

     14. (1) All vehicles which have been registered in the province before the commencement of these regulations and which are not in compliance with the requirements of these regulations will be permitted to register until April 1, 1990 as if they were in compliance with these regulations.

             (2)  Notwithstanding subsection (1) and after March 31, 1990,

             (a)  trucks and truck‑tractors which have been registered in the province before April 1, 1990 and which are not in compliance with these regulations may continue to register according to the previous regulations until March 31, 1997;

             (b)  trailers and semi‑trailers which have been registered in the province before April 1, 1990 and which are not in compliance with these regulations may continue to register according to the previous regulations until March 31, 2002.

191/89 s14

Qualities of special permits

     15. (1) A special permit shall at all times remain the property of the Crown and shall, upon request, be returned to the minister.

             (2)  A special permit shall at all times be subject to withdrawal, suspension or cancellation by the minister for violations of the Highway Traffic Act or the regulations made under that Act or for failing to comply with the terms and conditions of a special permit.

             (3)  A special permit is not valid unless carried in the cab of the transporting unit and all terms and conditions are complied with.

45/90 s3

Logging trucks

     16. (1) Notwithstanding another provision of these regulations, the minister may issue a special permit to a logging truck in a B‑train configuration allowing the lead axle of the tridem axle group to be a liftable axle.

             (2)  A logging truck issued a special permit under subsection (1) will be subject to the same weights under these regulations as if the axle were fixed and those terms and conditions as may be attached to the special permit.

45/90 s3

Repeal

      17. The Highway Traffic (Vehicles) Regulations, 1989, Newfoundland Regulation 191/89, are repealed.


Schedules

(Schedules A - E - as published in the Gazette)