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Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 1002/96

CONSOLIDATED NEWFOUNDLAND REGULATION 1002/96

Official Inspection Station Regulations
under the
Highway Traffic Act
(O.C. 96‑167)

Under the authority of subsection 196(1) 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.   Certificate of appointment

        4.   Forms

        5.   Fees

        6.   Application for appointment certificate

        7.   Official inspection station

        8.   Vehicle safety inspection

        9.   Duties of registrar

      10.   Inspection required

      11.   Inspection certificate, sticker

      12.   Repairs

      13.   Fees for certificates, stickers

      14.   Inspection not permitted

      15.   Requirements not met

      16.   Repair records

      17.   Details required

      18.   Cleanliness of station

      19.   Prohibitions

      20.   Authorized inspection mechanic

      21.   Penalty

      22.   Repeal

Schedule A

Schedule B


Short title

        1. These regulations may be cited as the Official Inspection Station Regulations.

64/93 s1

Definitions

        2. In these regulations

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

             (b)  "antique vehicle" means a motor vehicle 25 years or older, maintained as nearly as possible with original component parts, certified by the Newfoundland Antique and Classic Car Club and owned as a collector's item and operated solely for use in exhibitions, club activities, parades and other similar functions and used for occasional family pleasure but in no event used for general transportation or business purposes;

             (c)  "authorized inspection mechanic" means

                      (i)  for all inspections other than commercial vehicles, buses, school buses, disabled passenger vehicles or total loss vehicles,

                            (A)  a person who holds a certificate from or is registered as a third year or fourth year apprentice with the Industrial Training Division of the Department of Education in the motor vehicle repair trade, heavy duty trade or auto body repair trade, or

                            (B)  a person who can provide evidence, acceptable to the registrar, of 5 years' experience in either of the trades mentioned in clause (A), and

who holds a valid Newfoundland driver's licence with a minimum Class 5 endorsement, and has been authorized by the registrar to perform vehicle safety inspection and includes an inspector or an officer of a police force, or

                     (ii)  for the inspection of commercial vehicles, buses, school buses, disabled passenger vehicles and total loss vehicles, a person who holds a certificate from the Industrial Training Division of the Department of Education in the motor vehicle repair trade or the heavy duty trade, who holds a valid Newfoundland driver's licence within a minimum Class 5 endorsement, and has been authorized by the registrar to perform vehicle safety inspections and includes an inspector or an officer of a police force;

             (d)  "certificate of appointment" means the certificate issued by the minister to appoint an official inspection station;

             (e)  "commercial vehicle" means

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

                     (ii)  a bus designed, constructed and used for the transportation of passengers with a designated seating capacity of 7 or more in addition to the driver and includes school buses, school purpose vehicles, daycare buses and disabled passenger vehicles but excludes their operation for personal use;

              (f)  "disabled passenger vehicle" means a vehicle used for hire, gain or reward for the transportation of one or more physically disabled passengers requiring the use of special transportation facilities and having a GVWR of 2,501 kilograms or more;

             (g)  "fleet licence" means a certificate of appointment issued to an official inspection station authorizing the inspection of vehicles registered to the operator of the official inspection station only, but not for the general public, and does not require the registration certificate referred to in section 7;

             (h)  "GVWR" means the maximum gross mass for which the vehicle may be registered under section 11 of the Act;

              (i)  "inspection sticker" means a certificate issued by an official inspection station to an inspected vehicle and affixed to the vehicle in the manner and location specified in the official inspection station manual to certify that the vehicle has passed the applicable inspection;

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

             (k)  "official inspection station" means a garage, service station or repair shop issued a certificate of appointment by the minister under these regulations, to conduct vehicle safety inspections and to issue vehicle inspection certificates for the class or classes of vehicle designated in the licence;

              (l)  "previous conviction" means a conviction for an offence under these regulations where the offence was committed within the previous 5 years and includes a conviction for an offence under Newfoundland Regulation 117/89;

            (m)  "recreational vehicle" means

                      (i)  a wheeled vehicle designed as mobile accommodations, 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, watercraft, fishing and hunting equipment, off‑road motorcycle or a bicycle where that transport is not in connection with a business, employment or commercial enterprise;

             (n)  "registrar" means the Registrar of Motor Vehicles;

             (o)  "renewal certificate" means a certificate completed by the authorized inspection mechanic verifying a vehicle inspection certificate has been completed and showing the number of the vehicle inspection certificate and signature of the authorized inspection mechanic;

             (p)  "semi‑trailer" has the same meaning as prescribed in the Highway Traffic Vehicle Regulations;

             (q)  "station" means a garage, service station or repair shop;

              (r)  "station identification sign" means the sign supplied by the minister which identifies an official inspection station for the purpose of these regulations;

             (s)  "total loss vehicle" means a vehicle which, as a result of an accident, is determined to have damage valued in excess of the book value of the vehicle; and

              (t)  "vehicle inspection certificate" means a numbered certificate issued by an official inspection station to an inspected vehicle certifying it to be in a fit and proper condition and as having passed the applicable inspection prescribed under these regulations and includes the inspection sticker.

64/93 s2

Certificate of appointment

        3. (1) The minister may issue a certificate of appointment to a station to conduct inspections for purpose of the Act, these regulations and other regulations in place dealing with vehicle equipment and safety.

             (2)  Where a certificate of appointment issued under subsection (1) is for a fleet licence, the minister may attach to the certificate of appointment those conditions as he or she considers appropriate.

64/93 s3

Forms

        4. The registrar shall prepare an application form for a certificate of appointment to operate as an official inspection station and for an amendment of a certificate of appointment as an official inspection station and shall furnish these forms, without charge, upon request, to a person desiring to make an application for a certificate of appointment as an official inspection station or to amend an existing certificate of appointment as an official inspection station.

64/93 s4

Fees

        5. (1) An application for a certificate of appointment as an official inspection station shall be accompanied by an application fee as prescribed by the minister.

             (2)  An application for amendment of an existing certificate of appointment as an official inspection station shall be accompanied by a fee as prescribed by the minister.

64/93 s5

Application for appointment certificate

         6 (1) When in receipt of an application for a certificate of appointment as an official inspection station or for amendment of an existing certificate of appointment as an official inspection station, the minister shall cause an investigation to be made to determine whether the applicant meets the requirements of the Act and these regulations and to determine if the applicant is otherwise suitable in the opinion of the minister to operate an official inspection station.

             (2)  The minister may refuse an application for a certificate of appointment where the applicant fails to meet the requirements prescribed by the Act or these regulations or is otherwise unsuitable in the opinion of the minister to operate an official inspection station.

             (3)  Without limiting the discretion of the minister, under subsection (2), where an application for a certificate of appointment is made by an individual or corporation who was directly involved or whose directors were directly involved in the operation of an official inspection station which is under suspension or which has had its certificate of appointment revoked, the individual or corporation shall be considered unsuitable to operate an official inspection station.

             (4)  Where the minister refuses to grant a certificate of appointment as an official inspection station, he or she shall promptly notify the applicant and shall provide the reasons for refusal.

             (5)  Where an application for a certificate of appointment is determined to be satisfactory in the opinion of the minister and complies with all requirements of these regulations, the minister may issue a certificate of appointment prescribing the classes of vehicle on which the station may perform vehicle safety inspections and other restrictions or conditions as may apply.

             (6)  A certificate of appointment issued under these regulations shall expire on the date stated on it or, if no date is stated, on November 30, and an official inspection station shall not be permitted to conduct vehicle safety inspections after that date unless the annual renewal fee prescribed by the minister has been paid and the certificate of appointment has been renewed by the minister.

             (7)  The annual fee for a certificate of appointment as an official inspection station shall be prescribed by the minister.

             (8)  In the event that the certificate of appointment as an official inspection station is cancelled or its renewal is rejected, the owner, operator or person responsible for the station operations shall return immediately to the registrar all documents, certificates, posters, signs and manuals that may have been issued to that station for the purpose of conducting vehicle safety inspections.

64/93 s5

Official inspection station

        7. (1) An official inspection station shall have

             (a)  at least one authorized inspection mechanic in the full‑time employ of the station;

             (b)  a valid registration certificate issued by the Minister of Finance under the Retail Sales Tax Act;

             (c)  all equipment that shall be prescribed in the official inspection station manual;

             (d)  an enclosed space of not less than that specified in Schedule A; and

             (e)  other conditions which the registrar may prescribe in the official inspection station manual.

             (2)  An official inspection station shall promptly notify the registrar of a change in employment of authorized inspection mechanics.

             (3)  A certificate of appointment as an official inspection station shall not be assigned, transferred or used at a location other than the location designated in it unless prior written approval has been obtained from the registrar.

             (4)  The owner, operator or person responsible for the operation of the station shall display the certificate of appointment and all station identification signs in a conspicuous place at the location designated in the certificate of appointment.

             (5)  Not more than one certificate of appointment may be issued to a single building, facility or operation.

64/93 s6

Vehicle safety inspection

        8. (1) An official inspection station performing a vehicle safety inspection on a total loss vehicle shall have a certificate of appointment for the class of vehicle being inspected and for the inspection of total loss vehicles.

             (2)  An official inspection station performing a vehicle safety inspection on an antique vehicle must hold a certificate of appointment for the inspection of the class of vehicle to which the antique vehicle belongs.

             (3)  An official inspection station shall be in compliance with all applicable laws of the province and the municipality in which it is operating.

             (4)  An official inspection station must have adequate overhead clearance to allow the applicable vehicle class to enter the facility.

64/93 s7

Duties of registrar

        9. (1) The registrar shall prepare a booklet or manual to be known as the official inspection station manual which shall contain and prescribe the minimum standards of performance and safety for vehicles in the province and for the parts and equipment of those vehicles.

             (2)  One copy of the official inspection station manual shall be made available to a person holding a certificate of appointment to operate an official inspection station.

             (3)  The registrar may divide the official inspection station manual into chapters dealing with different vehicle classes and distribute only the chapters of the manual related to classes of vehicles for which an official inspection station is authorized to perform vehicle safety inspections.

             (4)  The registrar

             (a)  shall charge a fee prescribed by the minister for each replacement copy of the official inspection station manual; and

             (b)  may require the damaged copy be returned before issuing a replacement copy.

64/93 s8

Inspection required

     10. (1) A vehicle which is required to be registered in the province shall not be registered or operated unless an official inspection station has inspected the vehicle and has issued a vehicle inspection certificate in relation to it in accordance with Schedule B.

             (2)  The registrar may accept an inspection for a vehicle where the vehicle has been inspected and has received a vehicle inspection certificate and inspection sticker in another Canadian jurisdiction with which an agreement has been made to reciprocally recognize and accept inspections.

             (3)  The registrar may in his or her discretion accept an inspection for a vehicle where the vehicle has been inspected in a jurisdiction where the inspection is considered to be equivalent to the vehicle safety inspection required by these regulations.

             (4)  It is an offence to operate on a highway a vehicle for which a vehicle inspection certificate required by these regulations has not been obtained or which does not bear a valid inspection sticker where required by these regulations or for which the driver cannot produce a valid vehicle inspection certificate or a renewal certificate.

             (5)  Regardless of its age, a total loss vehicle must be inspected before going back into service.

             (6)  Notwithstanding subsection (1), the registrar may permit the registration of a vehicle for which there is no vehicle inspection certificate when the vehicle is subject to periodic inspection under a preventive maintenance program approved by the minister.

             (7)  The registrar,

             (a)  notwithstanding subsection (4) but subject to subsection (1), may permit the registration of a vehicle without inspection where there has been a transfer of ownership in the following cases:

                      (i)  a genuine gift between family members,

                     (ii)  under a valid separation agreement or court order, or

                    (iii)  another situation that, in the registrar's opinion, renders compliance with subsection (4) unnecessary; and

             (b)  before granting an exemption from subsection (4), the registrar may require from the intended transferee or transferor an affidavit setting out various particulars of the proposed transfer.

             (8)  The owner of a bus, school bus or disabled passenger vehicle shall submit to the Motor Registration Division a copy of the vehicle inspection certificate within 15 days of the last day of the inspection month.

             (9)  The owner of a bus, school bus or a disabled passenger vehicle who fails to submit a vehicle inspection certificate in accordance with subsection (8) is guilty of an offence and is liable on summary conviction to a penalty of not less than $10 nor more than $25 for each day the offence continues with respect to each vehicle requiring a vehicle inspection certificate.

           (10)  A certificate of the registrar stating that he or she has not received a copy of the vehicle inspection certificate as required by subsection (8) shall be, in the absence of evidence to the contrary, proof of an offence.

           (11)  Proof of delivery of a vehicle inspection certificate by means of a written receipt or post office receipt shall be considered as a defence under subsection (9).

           (12)  The registrar, a police officer or a traffic officer may demand a vehicle inspection certificate for a vehicle and the registrar may suspend the registration of a vehicle which fails the inspection or where the vehicle owner fails to submit an inspection certificate within the specified period stated on the demand.

64/93 s9; 220/94 ss1‑3

Inspection certificate, sticker

     11. (1) An official inspection station shall not issue a vehicle inspection certificate, inspection sticker or renewal certificate in relation to a vehicle until the vehicle has been inspected in accordance with the procedures prescribed by the official inspection station manual referred to in section 9 and has determined that the vehicle has met the standards prescribed by the Act, these regulations and the official inspection station manual.

             (2)  The vehicle inspection certificate, inspection sticker and renewal certificate referred to in subsection (1) shall be in a form designed or approved by the registrar.

             (3)  All commercial vehicles, buses, school buses and disabled passenger vehicles must display a valid inspection sticker or, where the vehicle has been inspected in a jurisdiction with which a reciprocal agreement has been made under subsection 10(2) which does not prescribe inspection stickers, the vehicle must carry and make available for inspection a valid vehicle inspection certificate or renewal certificate.

64/93 s10

Repairs

     12. When it is found upon inspection of a vehicle that the vehicle is in need of repair or adjustment, there is no obligation on the part of the owner or operator of the vehicle to obtain that repair or those adjustments at the place of inspection.

64/93 s11

Fees for certificates, stickers

     13. The fee payable for a book of vehicle inspection certificates and inspection stickers shall be as prescribed by the minister.

64/93 s12

Inspection not permitted

     14. An official inspection station shall not inspect a vehicle for which it has not been issued a certificate of appointment by the minister to perform vehicle safety inspections on that class of vehicle.

64/93 s13

Requirements not met

     15. Notwithstanding section 7, where it appears to the minister that, in a particular region of the province, there is no station capable of meeting the requirements of section 7, he or she may issue a certificate of appointment as an official inspection station subject to those terms and conditions as the minister may prescribe.

64/93 s14

Repair records

     16. An official inspection station that performs repairs on commercial vehicles, buses, school buses or disabled passenger vehicles shall keep records of the repairs, filed by vehicle, for a period of not less than 2 years.

64/93 s15

Details required

     17. The registrar shall provide the official inspection stations with further details as he or she considers necessary regarding the inspection and repair of vehicles.

64/93 s16

Cleanliness of station

     18. The owner of an official inspection station shall keep the station in a clean, orderly and easily accessible condition.

64/93 s17

Prohibitions

     19. (1) A person shall not represent a place as an official inspection station unless it is operating under a valid certificate of appointment as an official inspection station.

             (2)  A person shall not issue a vehicle inspection certificate, inspection sticker or renewal certificate unless he or she is operating out of an official inspection station or at a location specifically permitted in a valid certificate of appointment.

             (3)  A person shall not issue a renewal certificate unless a vehicle inspection certificate has been completed for the vehicle and an inspection sticker, where applicable, has been affixed.

             (4)  A person shall not make, issue or knowingly use anything that purports to be a vehicle inspection certificate, inspection sticker or renewal certificate unless it has been designed or approved by the registrar.

             (5)  A person shall not display, cause to be displayed or permit to be displayed upon a vehicle an inspection sticker

             (a)  where the inspection sticker is not designed or approved by the registrar;

             (b)  where the inspection sticker has been issued for another vehicle; or

             (c)  where the inspection sticker has been issued without a proper inspection being carried out on the vehicle.

             (6)  A person shall not display, represent, cause to be displayed or permit to be displayed or represented for a vehicle a vehicle inspection certificate or renewal certificate where the certificate

             (a)  has been issued for another vehicle; or

             (b)  has been issued without a proper inspection being carried out on the vehicle.

             (7)  A person shall not deface or alter a vehicle inspection certificate, an inspection sticker or a renewal certificate required to be affixed to a vehicle.

             (8)  A person shall not use or permit the use of a vehicle bearing a vehicle inspection certificate, inspection sticker or renewal certificate required in respect of a vehicle that is mutilated, defaced or altered.

             (9)  A person other than an official inspection station or an authorized inspection mechanic may not receive or possess vehicle inspection certificates or inspection stickers, nor shall an official inspection station receive or possess vehicle inspection certificates or inspection stickers for other than the classes of inspection authorized in the certificate of appointment and other than those purchased directly from the Motor Registration Division.

           (10)  A person shall not operate a vehicle when the vehicle has failed to pass the vehicle safety inspection required by these regulations.

           (11)  A person other than an authorized inspection mechanic shall not complete, fill out, sign or otherwise mark in or on a vehicle inspection certificate an inspection sticker or a renewal certificate.

64/93 s18

Authorized inspection mechanic

     20. An authorized inspection mechanic shall complete and issue a vehicle inspection certificate, an inspection sticker where applicable and a renewal certificate where requested for every vehicle which he or she has inspected in accordance with the procedures prescribed by the official inspection station manual referred to in section 9 and has determined that the vehicle has met the standards prescribed by the Act, these regulations and the official inspection station manual.

64/93 s19

Penalty

     21. (1) Every person who fails to comply with or otherwise contravenes these regulations is guilty of an offence and, subject to subsection 10(8), shall be liable on summary conviction as follows:

             (a)  where the offence is a first offence, to a fine of not less than $600 nor more than $1,200 and in default of payment of the fine, to imprisonment for a period not less than one month nor more than 3 months; or

             (b)  where the offence is a subsequent offence, to a fine of not less than $1,200 nor more than $2,400 and in default of payment of the fine, to imprisonment for a period of not less than 3 months nor more than 6 months.

             (2)  Where the person convicted of an offence under these regulations is a person who holds a certificate of appointment to operate an official inspection station, in addition to the penalties prescribed in these regulations, the registrar shall,

             (a)  where the offence is a first offence, suspend the certificate of appointment of the person convicted for a period of 9 months;

             (b)  where there has been a previous conviction, permanently revoke the certificate of appointment of the person convicted.

             (3)  Where a person who holds a certificate of appointment under these regulations is convicted of an offence under the Criminal Code in relation to the safety inspection of vehicles or the operation as an official inspection station, the minister shall permanently revoke the certificate of appointment.

             (4)  Where a person convicted under these regulations is an authorized inspection mechanic, that individual shall not perform inspections of vehicles for a period of 9 months from the date of conviction.

             (5)  In the event a certificate of appointment is suspended, the minister shall notify the owner of the suspension period and the owner shall surrender all documents, certificates, posters, signs and manuals to an inspector or peace officer appointed under the Act.

64/93 s20

Repeal

      22. The Highway Traffic (Official Inspection Station) Regulations, 1993, Newfoundland Regulation 64/93, are repealed.


Schedule A

OFFICIAL INSPECTION STATION SPACE

 

VEHICLE CLASS

MINIMUM SPACE
(width x length)

cars, light trucks & vans

4 metres x 8 metres

commercial vehicles

4.3 metres x 13.9 metres

buses, school busesand disabled passengervehicles

4.3 metres x 13.9 metres

propane powered vehicles

as required for the class of vehicle

recreational trailers

4 metres x 8 metres

64/93 Sch A


Schedule B

Inspection Periods

 

Column 1
Effective Date
(where applicable)

Column 2
Vehicle Class

Column 3
Inspection Frequency

 

cars, light trucks and vans

before transfer of ownership following a sale

 

Taxis

at age one model year and each year afterwards

 

commercial vehicles

at age one model year and each year afterwards, commercial trailers not certified as conforming to the Canada Motor Vehicle Safety Act require inspection before first time registration

 

buses

each March and September from age of 6 months

 

school buses

each July and December from age of 6 months

as published by the Registrar as a Notice in the Gazette

disabled passenger vehicles

each March and September from the age of 6 months

as published by the Registrar as a Notice in the gazette

propane powered vehicles

as required by this schedule for the particular vehicle class

as published by the Registrar as a Notice in the Gazette

total loss vehicles

before being put back into use on a highway

as published by the Registrar as a Notice in the Gazette

recreational trailers

one time before first registration where not certified as conforming to the Canada Motor Vehicle Safety Ac

 

NOTE: Buses and disabled passenger vehicles that are also school buses shall conform to the schedule of inspection for school buses.

220/94 s4