This is an official version.

Copyright © 2006: Queen’s Printer,
St. John's, Newfoundland and Labrador, Canada

Important Information
(Includes details about the availability of printed and electronic versions of the Statutes.)

Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 1160/96

CONSOLIDATED NEWFOUNDLAND REGULATION 1160/96

Carrier Safety Regulations
under the
Highway Traffic Act
(O.C. 96‑237)

Under the authority of section 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.   Exemption

        4.   Registration

        5.   Carrier safety scheme

        6.   Out of province carriers

        7.   Threshold

        8.   Threshold level

        9.   Safety rating

      10.   Compliance indicators

      11.   Driver reports

      12.   Records

      13.   Inspection

      14.   Hearing

      15.   Review

      16.   Fleet suspension

      17.   Variance

      18.   Profiles

      19.   Repeal

Schedule


Short title

        1. These regulations may be cited as the Carrier Safety Regulations.

222/93 s1

Definitions

        2. In these regulations

             (a)  "active power unit" means a commercial vehicle which is registered under section 16 of the Act and not under suspension for more than one year, but does not include a trailer;

             (b)  "carrier" means a person that owns, leases or is responsible for the operation of a commercial vehicle;

             (c)  "commercial vehicle" means

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

                     (ii)  a bus,

                    (iii)  a school bus,

                    (iv)  a school purpose vehicle as defined in the Bus Regulations, or

                     (v)  a disabled passenger vehicle as defined in the Official Inspection Station Regulations;

             (d)  "compliance indicator" means the numerical value specified in these regulations for an inspection defect, accident or conviction;

             (e)  "compliance review" means an inspection and administrative review of a carrier by the registrar, or a person appointed by the registrar, which may include verifying compliance with the record keeping requirements of these regulations, and random inspections of equipment or records, but does not normally include the audit or cross record verification of records;

              (f)  "driver" means a person who drives a commercial vehicle while in the employ of or on behalf of a carrier;

             (g)  "equivalent offence" means an offence in another jurisdiction which is considered by the registrar to be substantially similar to an offence listed in the Schedule;

             (h)  "facility audit" means a comprehensive inspection and administrative review of a carrier, and includes the audit and cross record verification of records;

              (i)  "fleet suspension" means the temporary suspension of a carrier's safety rating as it applies to all or a portion of the carrier's fleet of commercial vehicles, notwithstanding that the carrier retains a safety rating other than unsatisfactory on that portion of the fleet not under suspension;

              (j)  "long profile" means a comprehensive record of all activity of a carrier under these regulations;

             (k)  "out‑of‑service" means the designation of a driver or a commercial vehicle as out‑of‑service by an inspector;

              (l)  "principal place of business" means the street address of a carrier in the jurisdiction in which the carrier has registered its commercial vehicles or at another location as may be authorized by the registrar;

            (m)  "safety rating" means the safety rating assigned to a carrier under section 9;

             (n)  "short profile" means a summary of a carrier's safety rating and other information prescribed by the registrar;

             (o)  "threshold" means the number of compliance indicators assigned to a carrier as its threshold under section 7;

             (p)  "threshold interval" means the period of time which begins at

                      (i)  the date of registration of the carrier,

                     (ii)  the last threshold level increase, or

                    (iii)  the last one year anniversary of an event referred to in subparagraph (i) or (ii),

up to and including the current date, whichever period of time is less; and

             (q)  "threshold level" means the threshold level assigned to a carrier under section 8.

222/93 s2

Exemption

        3. The registrar may exempt a carrier, a specified group of carriers or specified services from all or a part of these regulations.

222/93 s18

Registration

        4. (1) A carrier shall not operate a commercial vehicle unless that carrier is registered under subsection (2).

             (2)  A carrier shall apply to the registrar to register as a carrier.

             (3)  An application made under subsection (2) shall be in a form prescribed by the registrar.

             (4)  The registrar may grant, reject or grant subject to conditions an application made under subsection (2).

             (5)  A carrier shall not hold more than one registration, safety rating or national safety code number issued by the registrar.

             (6)  For purposes of monitoring the safety performance of a carrier, the registrar shall maintain a record in respect of a carrier of

             (a)  convictions, accidents, inspections and warnings;

             (b)  accumulated compliance indicators;

             (c)  the threshold and threshold level;

             (d)  the safety rating;

             (e)  the National Safety Code Number; and

              (f)  other information that the registrar considers necessary.

             (7)  A carrier shall submit to the registrar the information that he or she may request, in the form prescribed by the registrar, and within the period specified in the request.

             (8)  A carrier who fails to comply with subsection (1) or (7) is guilty of an offence and is liable on summary conviction to a fine of not less than $200 and not more than $1,000 for each week or part of a week in which the offence continues.

             (9)  A carrier 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 $500 and not more than $2,000.

222/93 ss3&4

Carrier safety scheme

        5. Where the registrar grants an application made by a carrier for registration, with or without conditions, the registrar shall assign to that carrier

             (a)  a threshold in accordance with section 7;

             (b)  a threshold level in accordance with section 8; and

             (c)  a safety rating in accordance with section 9.

Out of province carriers

        6. A carrier whose principle place of business is outside the province may, upon registration in this province, be assigned a threshold, threshold level and a safety rating commensurate with those assigned by the jurisdiction of the carrier's principal place of business, where that jurisdiction has made assignments under legislation which is similar to these regulations.

222/93 s5

Threshold

        7. (1) A threshold for a carrier shall be equal to

             (a)  3 times the number of active power units which are operated by that carrier,

plus

             (b)  3,

compliance indicators.

             (2)  Notwithstanding subsection (1), the minimum threshold for a carrier shall be 12 compliance indicators.

222/93 s9; NR 8/94

Threshold level

        8. (1) Where a carrier accumulates the number of compliance indicators in that carrier's threshold, during that carrier's threshold interval, the registrar may increase the carrier's threshold level by one level to the next threshold level.

             (2)  Where the registrar increases a carrier's threshold level, the registrar

             (a)  shall notify that carrier of the change in threshold level; and

             (b)  may conduct a compliance review or facility audit.

             (3)  Notwithstanding subsection (6), where the registrar increases a carrier's threshold level, the registrar shall set the carrier's compliance indicators in its new threshold level to zero.

             (4)  Where

             (a)  a carrier with a safety rating other than unsatisfactory has an accumulation of compliance indicators less than the carrier's threshold during its threshold interval; and

             (b)  the threshold interval is a year,

the registrar shall reduce the threshold level, if greater than zero, by one and the registrar shall notify the carrier of the change in threshold level.

             (5)  Where the registrar reduces a carrier's threshold level, the registrar shall set the carrier's compliance indicators in its new threshold level at the number of compliance indicators which the carrier had accumulated in the higher threshold level.

             (6)  Compliance indicators shall expire within one year of the date that the compliance indicators were accumulated.

222/93 s9

Safety rating

        9. (1) The registrar may assign a carrier a safety rating of

             (a)  satisfactory ‑ unaudited;

             (b)  satisfactory ‑ audited;

             (c)  conditional; or

             (d)  unsatisfactory.

             (2)  The registrar may in his or her discretion assign a carrier a safety rating of unsatisfactory where

             (a)  a partner, principal shareholder or an officer of a carrier seeking registration is a person who is or has been a principal of a carrier that has been placed under a fleet suspension or has been assigned a safety rating of unsatisfactory;

             (b)  a carrier is assigned a threshold level 4; or

             (c)  a carrier fails to produce records required for a facility audit or fails to satisfactorily carry out a safety plan required as a result of a facility audit.

             (3)  A person shall not operate, allow or cause to be operated a commercial vehicle upon a highway unless the carrier responsible for the operation of the commercial vehicle is registered and has a safety rating of satisfactory ‑ unaudited, satisfactory ‑ audited or conditional.

             (4)  A driver who contravenes the provisions of subsection (3) is guilty of an offence and on summary conviction is liable to a fine of not less than $25 and not more than $100.

             (5)  A carrier who contravenes the provisions of subsection (3) is guilty of an offence and on summary conviction is liable to a fine of not less than $500 and not more than $2,000.

222/93 ss4&7

Compliance indicators

     10. (1) The registrar shall assign to a carrier compliance indicators for offences listed in the Schedule in accordance with the Schedule.

             (2)  For the purposes of subsection (1), an equivalent offence shall be considered to be the offence listed in the Schedule which is substantially similar to that equivalent offence.

             (3)  A carrier shall accumulate 5 compliance indicators for each reportable accident involving a commercial vehicle operated by the carrier.

             (4)  A carrier shall accumulate compliance indicators for defects reported during an inspection of a driver employed by, or a commercial vehicle operated by, the carrier as follows:

             (a)  where more than one defect has been reported and no traffic ticket has been issued in relation to the inspection, one compliance indicator;

             (b)  where the vehicle or driver has been placed out‑of‑service and no traffic ticket has been issued, 3 compliance indicators; and

             (c)  where the vehicle or driver has been placed out‑of‑service and a traffic ticket has been issued in relation to the inspection, one compliance indicator.

222/93 s8

Driver reports

     11. (1) A driver shall report to the carrier with whom he or she is employed or for whom he or she is brokering the following information within 30 days:

             (a)  a conviction which that driver is given for an offence referred to in the Schedule;

             (b)  a conviction which that driver is given for an equivalent offence;

             (c)  an accident involving a commercial vehicle which that driver is operating;

             (d)  an inspection performed on the driver or a commercial vehicle which that driver is operating; or

             (e)  a warning or out‑of‑service notice issued in relation to an inspection of the driver or a commercial vehicle the driver is operating.

             (2)  A person who contravenes a provision of this section is guilty of an offence and upon summary conviction is liable to a fine of not less than $25 and not more than $100.

222/93 s12

Records

     12. (1) A carrier shall keep and maintain at its own expense at its principal place of business the following records relating to every driver who is employed by that carrier and every commercial vehicle under the control of that carrier

             (a)  a copy of the driver abstract issued by the registrar which was received by a carrier at the commencement of employment of the driver and dated not earlier than 30 days prior to the date of commencement of employment of the driver;

             (b)  a copy of the driver abstract, issued by the registrar and obtained during the same month as the anniversary of the driver's birth, for each year the driver is in the employ of the carrier;

             (c)  a record of all accidents involving a driver while operating a commercial vehicle;

             (d)  copies of a record of driver training, driver improvement or control action taken by the carrier;

             (e)  a record of all items reported by a driver under section 11;

              (f)  a copy of each driver's daily log, as required by section 15 of the Highway Traffic Hours of Service Regulations, or where a driver is exempt from maintaining a log book, a copy of the carrier's record of hours on duty for the driver;

             (g)  a copy of each trip inspection report as required by section 7 of the Highway Traffic Trip Inspection Report Regulations; and

             (h)  a copy of a record of repair made to a commercial vehicle correcting a defect noted in a trip inspection report referred to in paragraph (g).

             (2)  The records referred to in subsection (1) shall be retained for a period of 5 years, or as specified in the applicable regulations.

             (3)  Notwithstanding paragraphs (1)(a) and (b), a carrier is not required to keep and maintain copies of driver abstracts dated earlier than February 3, 1994.

             (4)  A carrier shall have in place

             (a)  a system which will alert the carrier that a driver abstract required by this section is due; and

             (b)  a method of monitoring compliance with the Highway Traffic Hours of Service Regulations and the Highway Traffic Trip Inspection Report Regulations.

             (5)  A carrier shall retain a copy of the most recent vehicle inspection certificate as obtained under the Official Inspection Station Regulations for a minimum period of one year.

             (6)  A person who contravenes this section is guilty of an offence and is liable on summary conviction to a fine of not less than $200 and not more than $1,000.

             (7)  For the purpose of determining an offence under this section each violation for each record in relation to each driver is considered to be a separate offence.

222/93 ss13&15

Inspection

     13. (1) An inspector may, during normal business hours, upon presentation of his or her identification as an inspector, enter a place of business of a carrier for the purpose of inspecting any records required under the Act, these regulations, or other regulations under the Act.

             (2)  A carrier shall provide an inspector with all reasonable assistance and facilities necessary to the inspector for the performance of his or her duties.

             (3)  A carrier shall keep and maintain records required by these regulations in an orderly fashion so that they are readily accessible for inspection.

             (4)  For the purpose of determining the accuracy of a record required to be kept under the Act, these regulations, or other regulations under the Act, an inspector is authorized to inspect any record which relates or is relevant to verification of the accuracy of another record, including

             (a)  payroll records;

             (b)  warehouse or inventory records; and

             (c)  driver training manuals or transcripts of course content.

             (5)  For the purpose of an inspection under these regulations, an inspector may remove a record from a carrier's place of business or make copies of a record, and shall provide the carrier with a receipt of all those records which are removed.

             (6)  An inspector shall return a record removed from a carrier's place of business within 2 weeks from the date of removal of the records, unless the record is required for a hearing in which case the inspector shall notify the carrier in writing, within 2 weeks from the date of removal, of the retention of records for a hearing.

             (7)  All information and records obtained during an inspection are confidential and will not be released to or discussed with a member of the public without the express written consent of the carrier, but all those records, copies of records and notes may be presented as evidence before the board or a court.

             (8)  A person who through deliberate action or refusal to act obstructs or hinders an inspector in the performance of his or her duties under these regulations is guilty of an offence and is liable on summary conviction to a fine of not less than $500 and not more than $2,000.

             (9)  Notwithstanding another provision of these regulations, the registrar may assign a safety rating of unsatisfactory to a carrier which is convicted under subsection (8), and that assignment shall take effect immediately and will remain in effect until the time that the carrier delivers all records requested by an inspector or the registrar to a location specified by the registrar.

222/93 ss14‑16

Hearing

     14. (1) Where, following a facility audit of a carrier, the registrar is of the opinion that the carrier is unable or unwilling to operate safely, the registrar may conduct a hearing to investigate the carrier's safety record.

             (2)  The registrar shall notify a carrier of the time and place of the hearing 15 or more days before the date of the hearing.

             (3)  A hearing may be heard by the registrar or by a person appointed by the registrar.

             (4)  A hearing may take place whether or not the carrier is present.

             (5)  A person conducting a hearing shall make those recommendations in writing to the registrar within 15 days of the hearing that he or she considers appropriate, including recommendations to

             (a)  require the carrier to initiate a safety plan, demonstrate specific improvements or take specific measures to enhance the safety of its operations within a time and under those conditions that the person conducting a hearing considers appropriate;

             (b)  vary the carrier's threshold, threshold level or safety rating;

             (c)  issue a fleet suspension which will place a restriction on the number of commercial vehicles, or specify the vehicles, which may be operated by the carrier; and

             (d)  specify an expiry date for the fleet suspension which shall not be earlier than 30 days and shall not be later than one year from the date of commencement of the suspension.

             (6)  A person conducting a hearing shall govern the procedure of the hearing.

             (7)  The registrar shall decide the action necessary to carry out the intent of the recommendations and shall notify the carrier of the recommendations and the action to be taken within 15 days of receipt of the recommendations.

             (8)  The registrar shall withhold taking an action pursuant to a recommendation until the close of the review and appeal process.

222/93 s10

Review

     15. (1) A carrier may seek a review of a decision of the registrar or a person conducting a hearing under section 14 concerning a threshold, threshold level, safety rating or fleet suspension by filing a notice of review with the board within 30 days of receipt of notice of the registrar's decision under subsection 14(7).

             (2)  A notice of review shall be in the form required by the board and contain the information prescribed by the board.

             (3)  The board may request that the registrar supply written reasons for the decision appealed from and other documentary information which it considers appropriate.

             (4)  Where the board considers it appropriate, the board may order a hearing at a date as soon as possible after receipt of the notice of review but no earlier than 14 days following the date which the board receives the notice of review.

             (5)  The board may confirm, vary, return for reconsideration or cancel a decision of the registrar under subsection 14(7).

             (6)  The board may consider any evidence which it considers relevant at a hearing under this section, but shall not base its decision upon the economic livelihood or well being of the carrier.

             (7)  The board may apportion all or part of the costs of a hearing under this section to the carrier as the board considers appropriate.

             (8)  A decision of the board under this section may not be appealed in a court except for an error in law and unless made to the Trial Division within 15 days following service of written notice of the decision of the board.

222/93 s11

Fleet suspension

     16. (1) Where the registrar issues a fleet suspension under subsection 14(7), the registrar shall issue a certificate for each vehicle in the carrier's fleet which is permitted to be operated under the fleet suspension.

             (2)  A person shall not operate, allow or cause to be operated a commercial vehicle upon a highway where the carrier responsible for the operation of the commercial vehicle is under a fleet suspension unless the driver has in his or her possession a copy of the certificate issued by the registrar under subsection (1) authorizing the operation of the commercial vehicle.

             (3)  A driver who contravenes the provisions of subsection (2) is guilty of an offence and on summary conviction is liable to a fine of not less than $25 and not more than $100.

             (4)  A carrier who contravenes the provisions of subsection (2) is guilty of an offence and on summary conviction is liable to a fine of not less than $500 and not more than $2,000.

222/93 ss7&10

Variance

     17. (1) A safety rating of unsatisfactory shall remain in force for a period of 5 years.

             (2)  Notwithstanding subsection (1), after one year under a safety rating of unsatisfactory a carrier may make application to the registrar to vary the safety rating.

             (3)  An application for variance referred to in subsection (2) shall contain

             (a)  a comprehensive analysis of the carrier's proposed operations and a safety plan governing those operations; and

             (b)  other information as the registrar may require to assess an application.

             (4)  Within 30 days of receipt of the information referred to in subsection (3), the registrar shall make a determination respecting the application for variance and shall notify the carrier of his or her decision, including reasons in the event the application is refused.

             (5)  A carrier who is refused variance shall not reapply under this section for a period of 6 months from the date of the decision made under subsection (4).

             (6)  Where the registrar grants an application for variance he or she shall assign the carrier a safety rating of conditional and may attach those terms and conditions that he or she considers appropriate.

             (7)  Upon variance the registrar may establish the carrier's threshold level at a number that he or she considers appropriate.

222/93 s6

Profiles

     18. (1) The registrar shall provide a carrier's short profile to a person for a fee required by the registrar.

             (2)  The registrar shall provide to a carrier or a representative of a carrier that carrier's long profile for a fee required by the registrar.

Repeal

      19. The Highway Traffic (Carrier Safety) Regulations, Newfoundland Regulation 222/93, are repealed.


Schedule

 

Criminal Code
Provision

Compliance
Indicators

Description of Offences

220

25

Criminal negligence causing death

221

25

Criminal negligence causing bodily harm

236

25

Manslaughter committed in a vehicle

249(01)(A)

10

Dangerous operation of a motor vehicle

249(03)

25

Dangerous operation causing bodily harm

249(04)

25

Dangerous operation causing death

252(01)

10

Failing to stop at scene of accident

252(02)

10

Failing to stop at scene of accident and offering assistance or give name

253(a)

10

Impaired by alcohol or drugs

253(b)

10

Care and control of vehicle with more than 80 milligrams of alcohol in 100 millilitres of blood

254(05)

10

Refusing to provide blood or breath sample

255(02)

25

Impaired driving causing bodily harm

255(03)

25

Impaired driving causing death

259(04)

10

Driving while disqualified

335(1)

10

Taking a motor vehicle without the consent of the owner


 

Highway
Traffic Act
Provision

Compliance
Indicators

Description of Offences

13(1)

3

Non‑resident failing to register commercial motor vehicle

21

3

Operating service vehicle with dealer's plates attached

22

3

Using or hiring dealer's vehicle without registration

28(2)

1

Failure to return an identification plate

29

1

Failure to produce vehicle licence

30

1

Identification plates not securely fastened in proper position

31

1

Failure to keep identification plates clean

38

2

Failure to file change of address with registrar

39

2

Failure to notify registrar of change of name

42(a)(i)(A)

3

Driving or drawing unregistered or unlicensed vehicle not exceeding 4,500 kilograms M.G.M.

42(a)(i)(B)

3

Driving or drawing unregistered or unlicensed vehicle not exceeding 4,500 kilograms but not exceeding 10,900 kilograms M.G.M.

42(a)(i)(C)

3

Driving or drawing unregistered or unlicensed vehicle exceeding 10,900 kilograms M.G.M.

42(a)(ii)

3

Driving or drawing vehicle without identification or other plates, stickers or markers or dealer's plates

42(b)

3

Defacing or altering identification plate or marker

42(c)

3

Using vehicle with defaced, mutilated or altered identification plate or marker

42(d)

3

Removing identification plate or marker without authority

42(e)

3

Using false identification plate or marker

42(f)

3

Using marker or number plate capable of being confused with identification plate or marker

42(g)

4

Failure to surrender identification plates

42(h)

3

Giving false name or address in application for registration of vehicle

42(i)

3

Applying for registration or having licence illegally

42(j)

3

Using or permitting use of fictitious identification plates

42(k)

2

Failure to deliver plate or licence or give information required to registrar

43(3)

7

Invalid or no driver's licence

45(8)

7

Non‑disclosure by applicant of previous refusal of driver's licence

49(2)

2

Licensee failing to produce licence upon request

50(1)

2

Failure to return licence to registrar on request

50(2)

2

Failure to return or deliver licence

51

4

Driving other than class of vehicles specified in licence

52

7

Using licence issued another person

53(1)

4

Unlawful operation under licence issued elsewhere

54

7

Allowing unlicensed driver to drive

55(2)

2

Having person in addition to learner and instructor in vehicle

56(1)

7

Renting vehicle to person not licensed to drive

56(3)

4

Renting vehicle to person without inspecting licence

56(4)

5

Failure to keep record regarding vehicles rented

57

2

Failure to notify registrar of lost driver's licence, etc.

58

2

Failure of holder of driver's licence to notify registrar of change of address

59(1)(a)

4

Defacing or altering driver's licence

59(1)(b)

4

Lending driver's licence

59(1)(c)

4

Person misrepresenting driver's licence as his or her own

59(1)(d)

4

Failure to surrender suspended or cancelled driver's licence

59(1)(e)

3

Giving false name or address in application for driver's licence

60

4

Failure to deliver driver's licence to court upon conviction

73(1)

4

Applying for driver's licence while disqualified

73(2)

8

Driving while disqualified

75(5)(a)

8

Obtaining the registration of a motor vehicle when that motor vehicle is not insured by a policy

75(5)(b)

8

Operating or permitting the operation of a motor vehicle without a policy

75(5)(c)

4

Failure to produce proof that a policy is in force

80(a)(i)

8

Producing financial responsibility card where policy of insurance not in force

80(a)(ii)

8

Producing financial responsibility card purporting to prove financial responsibility

80(a)(iii)

8

Producing financial responsibility card purporting to show person named in the card as insured

80(b)

4

Giving or loaning financial responsibility card

95(1)

2

Failure to drive to the right

95(2)

2

Failure to give one‑half the roadway

96(1)

2

Improper passing

96(2)

2

Failure to give way to passing vehicle

97(1)

4

Passing on the right of another vehicle

97(2)

2

Passing on the right when unsafe to do so

98

2

Passing where width or weight of vehicles make it difficult

99(1)

2

Passing on left when unsafe

99(2) & (3)

2

Overtaking and passing near crest of grade, curve or bridge, etc.

100(1)

2

Driving to left of centre line of roadway

100(2)

2

Vehicle proceeding at less than normal speed not driving in right hand lane

100(3)

2

Failure to drive to right of rotary traffic island

101(b)

2

Crossing solid line

101(e)

2

Failing to signal driving from one lane to another

101(f)

2

Making improper left turn at intersection or into private road or driveway

101(g)

2

Making improper right turn at intersection

101(h)

2

Driving in centre lane of 3 lane roadway

101(i)

2

Improper passing on roadway with 2 or more lanes available to traffic heading in same direction

101(j)

2

Driving in wrong lane contrary to direction of traffic‑control device

101(k)

2

Failure to allow over‑taking vehicle to pass

102

2

Passing in no passing zone or failing to drive to right in zone

103(1)

2

Following vehicle too closely

103(2)

2

Failing to leave proper distance between vehicle

103(3)

2

Failing to leave sufficient space between vehicles in caravan or motorcade

104

2

Driving over intervening space dividing highway into 2 roadways

105(1)

2

Failure to enter controlled‑access highway at proper location

105(2)

2

Failure to leave controlled‑access highway at proper location

106(2)(b)

2

Failure to yield right‑of‑way while turning to other traffic in intersection when green or "go" signal shown

106(4)

2

Failure to yield right‑of‑way to pedestrian in roadway or crosswalk when green or "go" signal shown at place other than intersection

106(6)(a)

2

Entering intersection on yellow or amber light

106(8)

2

Passing yellow or amber light at place other than intersection

106(10)

2

Passing red light or "stop" signal at intersection

106(12)

2

Passing red light or "stop" signal at place other than intersection

106(14)(a)

2

Failing to obey green arrow at intersection

106(14)(b)

2

Entering intersection when green arrow shown and failing to yield right‑of‑way

106(16)(a)

2

Failure to stop when flashing red light on at intersection

106(16)(b)

2

Failure to yield right‑of‑way at intersection when flashing red light on

106(18)(b)

2

Failure to yield right‑of‑way to traffic in intersection when yellow or amber traffic light on

106(22)

2

Entering intersection against flag signal or other device

106(24)

2

Failure to stop at stop sign

106(25)

2

Failure to obey signs reading "Turn Right" or "Right Turn Only"

106(26)

2

Failure to obey signs reading "Turn Left" or "Left Turn Only"

106(30)

4

Bus picking up or letting down passengers at place other than "Bus Stop"

106(38)

2

Failure to obey "No Entry" sign

106(40)

2

Failure to obey signs reading "No Left Turn", "No Right Turn", "No Turns" or "No Right Turn on Yellow or Amber or Red Light"

106(42)

2

Proceeding wrong way on one‑way highway

106(44)

4

Failure to observe half load limit

106(50)

2

Failure to obey sign restricting use of highway to certain classes of vehicles

106(52)

3

Failure to obey sign restricting use of highway to vehicles of certain maximum gross mass

110(1)(a)

4

Driving imprudently

110(1)(b)

6

Driving without due care and attention

110(1)(c)

5

Driving without reasonable consideration for other persons

110(1)(d)

5

Driving while suffering from disease or disability

110(3)(b)

3

Exceeding the speed limit by between 11 and 20 kilometres per hour

110(3)(c)

3

Exceeding the speed limit by between 21 and 30 kilometres per hour

110(3)(d)

4

Exceeding the speed limit by 31 kilometres and over

111(1)

2

Slow driving

111(3)

2

Failing to obey order to increase speed, pull in to curb or remove vehicle from highway

112

2

Failing to signal change of direction, etc.

113(1)

2

Moving a vehicle when unsafe to do so or without signalling

113(2)

2

Failure to give sufficient signal

113(3)

2

Entering traffic with improper movement or signal

114(3)(a)

2

Right‑hand drive vehicle not equipped with a mechanical or electrical device

114(3)(b)

1

Failure to display notice of "Right‑Hand Drive Vehicle"

115(1)

2

Making improper right turn at intersection

115(2)

2

Making improper left turn at intersection

115(3)

2

Changing lanes while turning

115(4)

2

Making improper left turn at intersection from one‑way roadway

115(5)

2

Making improper left turn at intersection into one‑way roadway

115(6)

2

Making improper left turn at intersection from one‑way roadway into another one‑way roadway

115(7)

2

Failure to obey traffic‑control device at intersection indicating course to be travelled

116

2

Turning on highway to proceed in opposite direction

117(1)

2

Improper turning at intersection

117(2)

2

Turning or changing course when unsafe to do so

117(3)

2

Improper signal of intention to turn

117(4)

2

Stopping or decreasing speed without signalling

118

2

Failing to yield right‑of‑way at intersection

119

2

Failing to yield right‑of‑way at intersection while making left turn

120

2

Failing to yield right‑of‑way when entering highway

121

4

Failing to yield right‑of‑way to emergency vehicle

123(2)

4

Driver of emergency vehicle exceeding speed limit and not sounding audible signal and showing flashing red light

123(3)

6

Emergency vehicle not proceeding with regard for safety

123(5)

2

Unlawfully sounding siren

123(6)

2

Unlawfully showing flashing red light

125(1)

2

Failing to yield right‑of‑way to pedestrian in crosswalk

125(3)

4

Overtaking and passing vehicle stopped at crosswalk

127(a)

6

Failing to exercise due care to avoid colliding with pedestrian

127(b)

2

Failing to give warning by sounding horn

127(c)

4

Failing to observe precaution where child or incapacitated person on highway

131

4

Driving through a safety zone

132(1)

2

Failing to stop at railway crossing

132(2)

2

Driving vehicle through barrier, etc. at railway crossing

133

2

Failing to stop at stop sign at railway crossing

134(1)(a)

4

Passenger vehicle failing to stop at railway crossing

134(1)(b)

4

School bus carrying a child failing to stop at railway crossing

134(1)(c)

6

Vehicle carrying explosive substance, etc. failing to stop at railway crossing

134(2)

2

Shifting gears while crossing railway track

135

2

Failing to approach railway track with caution

136

2

Failing to observe yield sign at intersection

137(1)

4

Passing school bus

137(2)(a)

4

Stopping school bus in improper place

137(2)(b)

4

School bus delaying other vehicles passing

137(3)

2

Failing to have school bus properly marked

137(4)

2

School bus not equipped with visual signals or not activated

137(5)

1

Operating school bus with markings not concealed

138(1)

2

Failing to yield right‑of‑way to vehicle drawn by animal

138(2)

2

Making avoidable noise when animal passing engine

139

2

Failing to exercise caution when approaching animal on highway

140(2)

1

Parking so as to obstruct traffic

144(k)

1

Parking too near fire station

144(l)

2

Parking too near street excavation or obstruction and obstructing traffic

144(m)

2

Parking on the roadway side of a stopped or parked vehicle

144(n)

2

Parking on a bridge or in a highway tunnel

144(o)

2

Failure to observe traffic‑control device prohibiting parking or stopping

146

2

Parking so as to cause danger to persons using highway

147

2

Parking on highway where vehicle not visible to approaching traffic

149(2)

2

Failing or refusing to remove vehicle from highway

149(3)

1

Failing to remove vehicle from highway or Crown land or land occupied by Crown

149(12)

1

Failing or refusing to surrender vehicle licence

151

2

Backing vehicle when unsafe to do so

155(a)

1

Driving motor vehicle with unauthorized non‑transparent materials on window

155(b)

1

Driving motor vehicle with ornaments which obstruct vision

155(c)

2

Driving motor vehicle with snow or other precipitation which obstructs vision

155(d)

2

Driving motor vehicle with broken or damaged windows or mirrors

156(1)

2

Driving vehicle with vision obscured or control obstructed by passengers in front seat

156(2)

2

Passenger occupying position in vehicle interfering with driver's vision and control

156(3)

2

Driver permitting passenger to occupy position interfering with vision and control

157

4

Driving vehicle with load projecting out of the vehicle without a permit

159

4

Coasting down grade in neutral or with clutch disengaged

160(1)

4

Following emergency vehicle too closely or parking too close to fire apparatus

160(2)

2

Driving vehicle over unprotected fire hose

161

2

Failing to obey person with flag or sign

162

2

Failing to obey directions of a traffic officer

163(1)

3

Littering on a highway

163(2)

3

Failing to remove glass from a highway

164

2

Driving on sidewalk

166(1)

2

Failure to carry warning devices in vehicle

166(2)

3

Failure to place warning devices on highway in case of emergency breakdown

167(1)

2

Driving vehicle without chains or winter tires

169(1)(a)

4

Failing to stop at accident scene

169(1)(b)

4

Failing to give name and address

169(1)(c)

4

Failure to provide proof of insurance at scene of accident

169(1)(d)

4

Failing to render assistance to injured person

169(2) & (3)

4

Failure to notify owner, driver or peace officer after collision with unattended vehicle

169(4)

4

Failure to notify owner where other property damaged

170(1)

4

Driver of vehicle failing to make report

170(2)

4

Occupant of vehicle failing to make report

170(3)

4

Owner of vehicle failing to make report

170(4)

4

Person being owner and driver failing to make report when capable

172(1)

4

Garage owner failing to report vehicle involved in accident

174(2)

4

Making false statement in report

176(1)

3

Care and control of motor vehicle equipped with radar detector

176(4)

3

Unlawful sale of radar detectors

177

4

Knowingly causing another to drive unlawfully

178(2)

2

Driving motor vehicle with seat belt removed or inoperative

178(3)

2

Driver not wearing seat belts

178(4)

2

Passenger not wearing seat belt

178(6)

4

Operating a vehicle with an underage passenger unbelted

178(8)

4

Driver operating vehicle with child not in car seat

187(5)

2

Operating a vehicle which does not comply with regulations

196(2)

7

Failure to comply with vehicle inspection requirements

205(1)

4

Driver refusing to give name or address or giving false name or address

205(2)(a)

4

Owner of vehicle failing to identify driver


 

Bus
Regulations
Provision

Compliance
Indicators

Description of Offences

4

2

School bus not properly equipped with flashing red lights or signs

5

2

School bus not yellow or bus other than school bus painted yellow

6

2

Bus not properly equipped with safety accessories

7

2

Bus not clean or ventilated

8

4

Driver of bus collecting fares, allow passengers embark or disembark, while bus in motion

9(1)

4

Bus carrying person or article obstructing driver

9(2)

4

Interior of bus not free of projections

10(1)

3

Entrance or exit of bus not free of obstructions

10(2)

3

Operating bus while passenger is not seated

11(3)

4

School bus carrying passengers in excess of the seating capacity

11(4)

4

Bus carrying passengers in excess of limit

11(5)

2

Bus not equipped with hand holds

11(6)

3

School bus carrying passengers not permitted

12

2

Aisle of bus too narrow

13

2

Entrance of bus improper construction

14(2)

5

Defective exhaust

14(3)

5

Floor of bus allowing exhaust fumes to enter bus

15

5

Gas tank intake of improper construction or not located on exterior of bus

16

4

Fuelling bus in closed building

18(2)

4

Driver of bus following too closely


 

Licensing and Equipment
Regulations
Provision

Compliance
Indicators

Description of Offences

7(1)

2

Driving without headlights on when required

7(2)

2

Driving with fog lamps illuminated when not required

7(3)

2

Fog lamps improperly mounted

7(4)

2

Fog lamps improperly aimed

7(5)

2

Parking on highway with lamps illuminated

7(6)

2

Vehicle not equipped with required head lamps

8(1)

2

Vehicle not equipped with high beam and low beam or not able to select beam

8(2)

2

Driver failing to dim head lamps

10(1) or (2)

2

Vehicle not equipped with tail lamp(s)

10(3)

2

Tail lamp improperly positioned on vehicle

10(4)

2

Licence plate not properly illuminated

10(5)

4

Fail to place red flag or lamp on projecting load

11(1) & (2)

2

Vehicle not equipped with sufficient stop lamps

11(3)

2

Stop lamp improperly located

12(1)

2

Vehicle not equipped with sufficient turn signals

12(3)

2

Turn signal system improper construction

13(1)

1

Vehicle not equipped with sufficient clearance lamps

13(2)

1

Clearance lamps not visible or not properly located

14(1)

1

Motor vehicle not equipped with identification lamps

14(2)

1

Identification lamps not properly located

14(3)

1

Trailer not equipped with rear identification lamps

14(6)

1

Identification lamps not visible

15(1)

1

Vehicle not equipped with side reflex reflectors

15(2)

1

Vehicle not equipped with sufficient red rear reflex reflectors

15(3)

1

Reflex reflectors not visible or not properly located

16(1) or (2)

1

Vehicle not equipped with side marker lamps

17(1)

1

Vehicle not equipped with hazard warning lamps

17(3)

1

Trailer not equipped with hazard warning lamps

18(1)

2

Vehicle equipped with improper backup lamps

18(2)

2

Backup lamp illuminated while vehicle in forward motion

19

2

Vehicle equipped with improper parking lamps

20(1)

2

Operation of vehicle between dusk and dawn not equipped with sufficient park lamps

21(1)

2

Motor vehicle equipped with forward facing red lamp or rear facing white lamp

21(2)

1

Motor vehicle equipped with flashing or revolving coloured lamp

24(1) or (3)

2

Motor vehicle improperly equipped with spot lamps

24(2)

2

Spot lamps not aimed or operated properly

25(3)

2

Refusing to allow inspector to inspect brakes or refusing to operate vehicle for test of brakes

25(4) or (5)

5

Inadequate service brake

25(6)

2

Inadequate emergency brake

25(7)

2

Brakes not properly maintained or adjusted

25(8)

2

Axle configuration not equipped with brakes on all wheels of configuration

25(9)

2

Brake hose or tubing defective or improperly installed

25(10)

2

Brake linings worn, or not properly installed or maintained

26(2)(a)

2

Operate vehicle with tires of different construction types

26(2)(b)

5

Operate vehicle having a gross mass in excess of 4,500 kilograms with tires of different construction type on the same axle

26(4)

2

Operate motor vehicle with defective tire

26(5)

2

Operate motor vehicle with defective wheel or rim

27

2

Operate vehicle in snow or ice conditions without proper tires or chains

28

2

Operate motor vehicle with studded tires between May 1 and October 31

29(1)

2

Not equipped with exhaust system or system emitting excessive noise

29(2)

2

Defective muffler

30

2

Vehicle not equipped with horn

31

2

Excessive smoke emitted from vehicle

32(1)

2

Vehicle not equipped with a windshield wiper or washer

32(2)

2

Vehicle not equipped with a windshield defogging system

32(4), (5) or (6)

2

Vehicle not properly equipped with rear view mirror(s)

32(7)

2

Inadequate mud guards

33

2

Windshield not of proper material

34(1)

2

Vehicle equipped with television visible to driver

36

2

Front opening type hood not equipped with primary and secondary latch mechanism

37

2

Vehicle door not equipped with latch having full and secondary latched positions

38

2

Vehicle equipped with tinted windshield or tinted driver seat side windows

39

5

Operate vehicle towing trailer with defective, inadequate or improper connecting devices

41(1)

2

Vehicle not equipped with speedometer

41(2)

2

Driver's view of speedometer obstructed

41(3)

2

Vehicle odometer not functioning

45

4

Slow moving vehicle failing to display warning device

46

2

Head lamps do not conform with Motor Vehicle Safety Act (Canada)

47

5

Vehicle equipped with in‑cab control for varying mass distribution on one or more axle


 

Highway
Traffic Driver Regulations
Provision

Compliance
Indicators

Description of Offences

14

4

Operating air brake equipped vehicle without proper endorsement

15(1)

4

Operating a vehicle as a learner in a higher class without endorsement


 

Official Inspection Station Regulations
Provision

Compliance
Indicators

Description of Offences

10(1)

7

Failure to obtain a vehicle inspection certificate where required

10(9)

1

Owner of bus failing to submit inspection certificate to registrar

11(3)

2

Bus failing to display inspection sticker

16

3

Failing to keep record of repairs

19(4)

7

Issuing or using a false inspection sticker

19(5)

7

Displaying false inspection sticker

19(6)

5

Displaying false vehicle inspection certificate

19(7)

7

Defacing or altering inspection sticker

19(8)

7

Using defaced or altered inspection sticker

19(10)

7

Operating a vehicle which has failed an inspection

 


 

Vehicles
Regulations
Provision

Compliance
Indicators

Description of Offences

3(1)(a)

5

Operate vehicle or combination of vehicles with mixture of tire size or capacity on any axle

3(1)(b)

5

Operate vehicle or combination of vehicles with any axle not equipped with brakes

3(2)

3

Operate vehicle without special permit when permit required

4(1)

3

Operate vehicle or combination of vehicles with axle configuration not in conformance with regulations

4(8)

7

Operate vehicle in excess of posted maximum load for bridge or highway

6(6)

2

Failure to carry or produce special permit

6(8)

5

Failure to display exceeding prescribed dimensions by signs

7(a)

3

Operate vehicle with load greater than 110 kilograms per centimetre of tire width

9

5

Operate vehicle of improper dimensions

10(2)(a)

2

Exceeding prescribed dimensions by less than or equal to 0.5 metres

10(2)(b)

3

Exceeding prescribed dimensions by greater than 0.5 metres but less than 1.77 metres

10(2)(c)

4

Exceeding prescribed dimensions by greater than or equal to 1.77 metres but less than or equal to 2.60 metres

10(2)(d)

5

Exceeding prescribed dimensions by greater than 2.60 metres

13(1)

5

Operate vehicle which exceeds prescribed dimensions without special permit

 


 

Load Security
Regulations
Provision

Compliance
Indicators

Description of Offences

3(1)(a)

4

Vehicle not equipped with adequate sides, sideboards or stakes to contain load

3(1)(b)

4

Vehicle not equipped with adequate tie‑down assemblies

3(1)(c)

4

Vehicle not equipped with adequate alternate means of containing load

3(4)

4

Particulate load not covered with tarp

3(6)

4

Load not adequately blocked, braced or secured

4(1)

4

Tie‑down assemblies inadequate for weight of load

4(7)

4

Tie‑down assembly knotted, damaged or improperly repaired

4(8)

4

Tie‑down tensioner not locked

4(9)

4

Tie‑down assembly not capable of adjustment by driver

5

4

Container not properly secured to vehicle

6

4

Inadequate or improper restraint of coils of metal

8

4

Inadequate or improper restraint of miscellaneous metal articles

11(2)

4

Vehicle not equipped with 4 steel stakes

11(3)(e)

4

Vehicle with load deck in excess of 10.6 metres not equipped with 2 centre stakes

11(4)

4

Vehicles less than 10.6 metres long not properly equipped with tensioners, cables, chains or tighteners

11(6)

4

Angle irons not affixed along deck side rails

11(7)

4

Ladder not affixed to trailer bulkhead

11(8)

4

Not equipped with proper mirrors

12

4

Improper or inadequate material used for blocking


 

Motor
Carrier Act
Provision

Compliance
Indicators

Description of Offences

4(1)(a)

3

Operating a public service vehicle without a certificate

4(2)

3

Making use of a public service vehicle where the operator does not have a certificate

12(1)

3

Selling, assigning, leasing or transferring a certificate

15(2)

2

Failing to designate and maintain a person as an agent

15(3)

2

Failing to notify the board and the registrar of change of name or address

19

3

Operating a public service vehicle under an expired, cancelled or suspended certificate

21(1)

2

Operating a public service vehicle contrary to the terms and conditions of a certificate

22

2

Operating a public service passenger vehicle at rates in excess of the rates approved or set by the board

23(1)

2

Suspending, abandoning or discontinuing public passenger service without approval of the board

23(6)

1

Failure to remove distinctive plates, stickers or signs from vehicle

24(1)

1

Failure to inform of regulations or to post a copy in workplace

25

2

Refusing to carry passenger(s) in a public service passenger vehicle

30

4

Failing to furnish safe and adequate service or facilities

31

2

Failing to furnish information to the registrar or the board

 


 

Motor Carrier Regulations
Provision

Compliance
Indicators

Description of Offences

32(b)

2

Failing to furnish service throughout the whole area authorized

33(1)

2

Operator of a regular public passenger service failing to provide service in accordance with time schedule fixed

33(2)

2

Operator of a regular public passenger service failing to provide equipment and facilities equal to requirements

34

2

Operator of an irregular public passenger service failing to transport passengers, baggage and parcel express to the extent of available equipment

35

2

Operating type of vehicle other than that described in certificate

36(1)

1

Failure to affix the name of certificate holder and certificate number to both sides of vehicle

37(2)

2

Operating a public service vehicle without a copy of certificate and proof of insurance

40(1)(a)

1

Failure to paint ambulance required colour

40(1)(b)

1

Failure to paint required sign on ambulance

40(1)(c)

1

Failure to paint name, telephone number and certificate number on ambulance

41(2)

2

Ambulance not equipped with sliding door or walk through opening

45

3

Operating ambulance vehicle without adequate equipment

46

5

Operating ambulance vehicle without adequate medical equipment

48(1)

2

Operating an ambulance for a purpose other than that for which it is intended

49

3

Failing to have ambulance inspected at intervals of not less than 150 days

50

2

Failing to issue or cause to be issued a bill of lading

51

3

Failing to maintain ambulance in a safe, clean and sanitary condition and proper working order

222/93 Sch A