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Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 1008/96

CONSOLIDATED NEWFOUNDLAND REGULATION 1008/96

Load Security Regulations
under the
Highway Traffic Act
(O.C. 96‑204)

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.   Load security

        4.   Tie‑down assembly

        5.   Containers

        6.   Coiled metal

        7.   Coiled metal security

        8.   Metal articles

        9.   Metal articles security

      10.   Logs

      11.   Logs security

      12.   Sound timber

      13.   Offence

      14.   Detention of vehicle or load

      15.   Repeal


Short title

        1. These regulations may be cited as the Load Security Regulations.

291/85 s1

Definitions

        2. In these regulations

             (a)  "articles" means miscellaneous metal articles including cut to length bars, plates, rods, sheet and tin mill products, billets, blooms, ingots, slabs, structural shapes, pipe and other tubular products;

             (b)  "clear aggregate" means gravel, crushed stone or slag in the form of particles which are not less than 10 millimetres in diameter and not more than 40 millimetres in diameter;

             (c)  "coil insert" means a device which restrains a coil against movement when used in conjunction with a tie‑down assembly;

             (d)  "combination vehicle" means a commercial motor vehicle or a combination of a commercial motor vehicle and trailer or trailers;

             (e)  "dunnage" means a device or material which distributes the restraining force of a tie‑down assembly over a greater portion of the load than the restructuring force normally would affect;

              (f)  "eye" means the hole through the centre of a coil;

             (g)  "nominal" when used to describe lumber means commercially dressed sizes generally designated by the dimensions indicated;

             (h)  "registered gross weight" means that weight for which a permit has been issued under the Act;

              (i)  "tie‑down assembly" means a fastening device or attachment used to secure a load to the combination vehicle on which the load is being carried, to prevent the movement of the load in any direction, including chains, cables, steel straps and fibre webbing;

              (j)  "waste" means ordinary waste associated with municipal, commercial and industrial collection systems, including ashes, garbage, refuse, offal and domestic waste; and

             (k)  "working load limit" means the rated capacity, assigned by a manufacturer to a tie‑down assembly or component of a tie‑down assembly, representing the maximum load which may be applied to that tie‑down assembly or component of a tie‑down assembly, during normal service.

291/85 s2

Load security

        3. (1) A combination vehicle carrying a load on a highway shall

             (a)  have sides, sideboards or stakes and rear stakes, either endgate or endboard

                      (i)  securely attached to the combination vehicle, and

                     (ii)  which are capable of preventing the load which the combination vehicle is carrying from shifting or falling;

             (b)  have one or more tie‑down assemblies which meet the requirements of section 4 for each 3 linear metres of lading, or fraction of that lading, and those additional tie‑down assemblies which are necessary to meet the requirements of subsection 4(1) to secure each part of the load being carried either by

                      (i)  direct contact between the load and the tie‑down assemblies, or

                     (ii)  dunnage that is in contact with the load and is secured by tie‑down assemblies; or

             (c)  have other means of protecting against a shifting or falling load which are similar to and at least as effective as those specified in paragraphs (a) and (b).

             (2)  Sides or sideboards used under paragraph (1)(a) shall have no aperture large enough to permit a portion of the load which the combination vehicle is carrying to pass through.

             (3)  For the purposes of paragraph (1)(b), a tie‑down assembly or dunnage in contact with exterior, topmost items of the load and securely holding each interior and lower item, comply with the requirement of that paragraph.

             (4)  Where a combination vehicle is being operated on a highway and is carrying a load consisting of

             (a)  sand, gravel, crushed stone, slag, salt or a mixture of them, where those substances are in the form of particles of up to 40 millimetres in diameter;

             (b)  waste; or

             (c)  shredded scrap metal,

the portion of the load which is not enclosed by the vehicle or load container, shall be covered with a covering which is made of tarpaulin, canvas, netting or other material capable of confining the load within the vehicle or load container and that container shall be designed to prevent leakage of liquids or material.

             (5)  Subsection (4) does not apply where a combination vehicle is being operated

             (a)  in the course of applying sand, salt, a mixture of sand and salt or a similar substance to a highway for the purpose of winter highway maintenance;

             (b)  in the course of collecting waste;

             (c)  in the course of carrying a load where the combination vehicle does not have a gross weight or registered gross weight in excess of 4,500 kilograms;

             (d)  in the course of carrying sand, gravel, crushed stone or slag, which not less than 90% is clear aggregate, where the highest point of the load does not extend above the top of the vehicle or load container and the perimeters of the load are not less than 30 centimetres beneath the top of the vehicle or load container;

             (e)  in the course of carrying materials applied to highways to increase driving traction in December, January, February or March, including sand, gravel, crushed stone, slag or salt, where the highest point of the load does not extend above the top of the vehicle container or load container and the perimeters of the load are not less than 30 centimetres beneath the top of the vehicle or load container;

              (f)  in the course of carrying agricultural products where the combination vehicle is owned by a farmer;

             (g)  on a highway with

                      (i)  an untreated gravel or crushed stone surface,

                     (ii)  an earth surface, or

                    (iii)  a surface treated solely for dust abatement purposes; or

             (h)  in the course of transporting fish or fish products, where

                      (i)  containers are used, and

                     (ii)  container covers are secured to each container by cover fasteners or specially designed strapping.

             (6)  Where a combination vehicle carries a load which may shift in transit on a highway, the load shall be blocked, restrained or contained in a manner which will prevent the load from shifting in a forward direction when the combination vehicle decelerates at a rate of 6 metres per second and the load shall be

             (a)  securely blocked or braced against the sides, sideboards or stakes of the vehicle; or

             (b)  secured by devices that conform to the requirements set out in paragraph 3(1)(b) or (c).

             (7)  Unless otherwise provided by these regulations, a person shall not operate a vehicle with a load on a highway unless the load and a covering on the load is securely fastened in a manner which prevents the covering or the load from becoming loose or detached or a hazard to other users of the highway.

             (8)  This section does not apply to

             (a)  a combination vehicle transporting

                      (i)  containers designed for the transportation of containerized, intermodal cargo, secured to the vehicle in accordance with section 5,

                     (ii)  coils of metal secured in accordance with section 7,

                    (iii)  a load of articles, secured in accordance with section 9,

                    (iv)  a load of logs, secured in accordance with section 11, or

                     (v)  items which, because of their size, shape or weight, shall be carried on a special purpose vehicle or shall be fastened by special methods, if the items are securely and adequately fastened to the vehicle;

             (b)  a vehicle operating under the authority of a permit issued under the Act, where the permit specifically provides for exemption from this section; or

             (c)  a motor vehicle or road building machine operated by or on behalf of an authority having jurisdiction and control of a highway, where the vehicle or machine is engaged in construction, maintenance or marking activities on a highway.

291/85 s3; 17/89 s1

Tie‑down assembly

        4. (1) A tie‑down assembly used on a combination vehicle to secure a load against movement in any direction shall have an aggregate working load limit equal to, or greater than, the weight of the item being secured.

             (2)  Where a tie‑down assembly attached to a vehicle

             (a)  passes over, through or around the load or is attached to the load; and

             (b)  is again attached to the vehicle,

each tensioned portion of the tie‑down assembly acting between the load and the vehicle shall be considered a separate tie‑down assembly in the determination of the aggregate working load limit.

             (3)  The working load limit of a tie‑down assembly shall be rated at the working load limit of the weakest component of that tie‑down assembly.

             (4)  Where the working load limit of a tie‑down assembly or component of that tie‑down assembly is not permanently identified on that tie‑down assembly or component, the working load limit shall be considered to be that of the lowest grade or classification for that type and size of tie‑down assembly or component.

             (5)  The

             (a)  hooks, bolts, welds or other connectors by which a tie‑down assembly is attached to a vehicle; and

             (b)  mounting place and means of mounting a connector,

shall be as strong as the tie‑down assembly which is used in conjunction with an item listed in paragraph (a) or (b).

             (6)  A determination of the strength of an item listed in paragraphs (5)(a) and (b) shall consider all directions in which the tie‑down assembly which is used in conjunction with that item, may load the connector.

             (7)  A tie‑down assembly shall not be used where

             (a)  there are knots in the active portion of the tie‑down assembly;

             (b)  a component of the tie‑down assembly exhibits stretch, deformation, wear or damage beyond the limits specified by the manufacturer; or

             (c)  the tie‑down assembly has been repaired or shortened other than in accordance with the manufacturer's specifications.

             (8)  Where an over the centre type of tie‑down tensioner is used, the handle shall be locked in place and secured by an adequate secondary means to prevent its inadvertent release.

             (9)  Except in the case of steel, fibre or synthetic strapping which is permanently crimped, tie‑down assemblies used on a combination vehicle to secure the load against movement in any direction shall be designed, constructed and maintained in a manner that the driver of the combination vehicle can tighten the tie‑down assembly in transit.

291/85 s4

Containers

        5. Containers designed for the transportation of containerized, intermodel cargo and having integral securement devices shall be fastened to a load‑bearing surface of the vehicle with securement devices which prevent the containers from being unintentionally unfastened and restrain the containers from movement under normal operating conditions.

291/85 s5

Coiled metal

        6. Coils of metal shall be restrained against movement in relationship to a combination vehicle in accordance with section 7 where

             (a)  a combination vehicle transports the coils of metal on a highway; and

             (b)  the weight of the coils of metal individually or banded together is 2,300 kilograms or more.

291/85 s6

Coiled metal security

        7. (1) Where coils of metal are transported with eyes vertical, the coils shall be secured

             (a)  at the front of the coils by a tie‑down assembly or blocking to restrain against forward motion;

             (b)  at the rear of coils by a tie‑down assembly or blocking to restrain against rearward motion; and

             (c)  by a tie‑down assembly over the top of each coil or, where the coils are in transverse rows, over the top of each row, to restrain against vertical motion.

             (2)  One tie‑down assembly shall not be used to comply with more than one requirement of subsection (1).

             (3)  Notwithstanding subsection (2), where a tie‑down assembly is used as set out in paragraph (1)(c) in conjunction with a coil insert, that tie‑down assembly may be used to comply with more than one requirement of subsection (1).

             (4)  Where coils of metal are transported with eyes crosswise, the coils shall be secured

             (a)  by a tie‑down assembly, making an angle of less than 45° with the horizontal when viewed from the side of the combination vehicle, running through the eye of each coil to restrain against forward motion;

             (b)  by a tie‑down assembly, making an angle of less than 45° with the horizontal when viewed from the side of the combination vehicle, running through the eye of each coil to restrain against rearward motion; and

             (c)  by timber, having a nominal cross section of at least 10 centimetres by 10 centimetres and a length that blocks at least 75% of the width of a coil, tightly placed against both the front and rear of each coil or, where the coils are in rows, each row of coils to prevent the movement of a coil in a forward or rearward direction.

             (5)  Where coils of metal being transported with eyes crosswise are loaded in contact with each other in the longitudinal direction of the combination vehicle, paragraph (4)(b) does not apply to an interior coil or interior transverse row of coils if timber having a nominal cross section of at least 5 centimetres by 10 centimetres is tightly placed against both ends of each coil or row of coils to prevent lateral movement.

             (6)  Where coils of metal are transported with eyes lengthwise, the coils shall be restrained by timber having a nominal cross section of at least 10 centimetres by 10 centimetres tightly placed against the sides of each coil or, where the coils are in transverse rows, against the outboard sides of each row of coils and the coils shall be secured by

             (a)  one or more tie‑down assemblies over the top of each coil or transverse row of coils;

             (b)  2 or more tie‑down assemblies through the eye of each coil; or

             (c)  one or more tie‑down assemblies crossing diagonally from one side of the vehicle to the other, through the eye of each coil.

             (7)  Where a single tie‑down assembly is used to comply with paragraph (6)(a), additional timber having a nominal cross section of at least 5 centimetres by 10 centimetres shall be

             (a)  placed tightly against the front and rear of each coil or row of coils; and

             (b)  firmly secured to the longitudinal timber,

to restrain against forward and rearward movement.

             (8)  Notwithstanding subsections (4), (5), (6) and (7), the use of timber is not required on vehicles which have depressions in the floor or are equipped with restraining devices that perform the functions specified for timber in those sections.

291/85 Sch A

Metal articles

        8. A load of articles shall be restrained against movement in relationship to a combination vehicle in accordance with section 9 where

             (a)  a combination vehicle transports the load of articles on a highway; and

             (b)  the weight of the articles, individually or in a combination that is banded or boxed together and handled as a single unit is more than 1,000 kilograms.

291/85 s7

Metal articles security

        9. (1) Articles

             (a)  banded or otherwise secured together and handled as a single unit shall be restrained by 2 or more tie‑down assemblies;

             (b)  loaded side by side across the width of a combination vehicle shall be restrained by one or more tie‑down assemblies over the top of the articles for every 2.5 metres of the length of the articles;

             (c)  which individually have a length of not more than 2.5 metres and which are securely butted against each other in the forward and rearward direction shall be restrained

                      (i)  by metal angles secured by tie‑down assemblies, or

                     (ii)  by timber having a nominal cross section of at least 10 centimetres by 10 centimetres placed longitudinally over the articles and secured by tie‑down assemblies

and those metal angles or timber shall not be located beyond the ends of the articles being secured;

             (d)  which are tiered shall be restrained by securing the tier in the same manner as a single level of those articles is secured in accordance with this section where each tiered article rests securely on the article beneath; and

             (e)  which are tree length wood stored in the longitudinal position shall be restrained by tie‑down assemblies used every 2 metres which shall have a safe working load limit of not less than 7,258 kilograms.

             (2)  The requirements set out in paragraph (1)(b) shall apply to single articles with the necessary changes.

             (3)  Subsection (1) does not apply to

             (a)  pole trailers which have 2 or more tie‑down assemblies securing the load to the forward bolster and 2 or more tie‑down assemblies securing the load to the rear bolster; or

             (b)  vehicles carrying special loads of machinery or fabricated structural items including beams, girders or trusses, which are fastened by special methods, where those special loads are securely and adequately fastened to the vehicle.

291/85 Sch B

Logs

     10. Where a combination vehicle transports a load of logs on a highway, the logs shall be restrained against movement in relationship to the combination vehicle in accordance with section 11.

Logs security

     11. (1) In this section, "chain" means chains of 7.94 millimetre thickness made of high tensile steel or cables of 7.94 millimetre thickness.

             (2)  A combination vehicle which carries logs in a crosswise position shall have 4 or more steel stakes securely affixed to the carrying deck.

             (3)  In subsection (2)

             (a)  each steel stake shall have a minimum height of 2.13 metres as measured from the surface of the carrying deck;

             (b)  2 steel stakes shall be at the front of the carrying deck;

             (c)  2 steel stakes shall be at the rear of the carrying deck;

             (d)  each pair of steel stakes referred to in paragraphs (b) and (c) shall be 1.52 metres or more apart; and

             (e)  where the combination vehicle has a load capacity of 10.6 metres or more in length, there shall be 2 centre steel stakes at or near the centre of the carrying deck and securely affixed to the carrying deck, with steel rings of sufficient size to allow chain to pass through the rings.

             (4)  A combination vehicle carrying logs where the carrying deck is 10.6 metres or more in length shall have

             (a)  4 spring tension devices which have a minimum operating capacity of 771 kilograms, securely installed at or near the centre of the carrying deck near the centre steel stake locations;

             (b)  4 chains affixed to the spring tension devices referred to in paragraph (a), so that the chains divide the load into 2 separate bundles; and

             (c)  4 ratchet worm style tighteners, 2 at the front of the carrying deck, 2 at the rear of the carrying deck, each with a minimum operating capacity of 771 kilograms.

             (5)  A combination vehicle carrying logs in a crosswise position where the carrying deck is less than 10.6 metres in length, shall have

             (a)  2 chains;

             (b)  2 ratchet worm style tighteners affixed to one end of the combination vehicle; and

             (c)  2 spring tension devices which have a maximum operating capacity of 771 kilograms affixed to the other end of the combination vehicle.

             (6)  A combination vehicle carrying 1.22 metre logs, shall have angle irons installed or affixed along the entire length of the deck side rail.

             (7)  A combination vehicle which is used to carry logs in a crosswise position shall have permanently installed or affixed on the trailer bulkhead a ladder, to allow the operator a full view of the top of the load.

             (8)  A combination vehicle used to carry logs shall have convex mirrors installed or affixed to the exterior rear‑view mirrors.

129/85 ss4‑7

Sound timber

     12. Where timber is used for blocking, it shall be sound timber.

291/85 s8

Offence

     13. (1) A person who contravenes a provision of these regulations is guilty of an offence and on summary conviction is liable to

             (a)  a fine of not less than $120 and not more than $600; and

             (b)  in default of payment of a fine, to imprisonment for a period not exceeding 30 days.

             (2)  A person is considered to contravene these regulations where that person owns or operates a combination vehicle which is equipped, being operated or used in a manner which does not comply with these regulations.

175/88 s1; 129/85 s10

Detention of vehicle or load

     14. (1) A peace officer or a person authorized by the minister may remove to and detain at an appropriate place

             (a)  a combination vehicle;

             (b)  a portion of a combination vehicle; and

             (c)  a load carried by a combination vehicle

where that peace officer or authorized person reasonably believes that these regulations have not been complied with.

             (2)  Where property is detained under subsection (1), the owner or driver of the combination vehicle shall be notified of the location of the property.

             (3)  Section 203 of the Act shall apply to a detention of a combination vehicle under this regulation with the necessary changes.

129/85 s11

Repeal

      15. The Highway Traffic (Load Security) Regulations, 1985, Newfoundland Regulation 291/85, and the Highway Traffic (Log Security) Regulations, 1985, Newfoundland Regulation 129/85, are repealed.

(This document includes the correction made on
October 18, 1996, p.393.)