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Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 1161/96

CONSOLIDATED NEWFOUNDLAND REGULATION 1161/96

Commercial Vehicle Maintenance Standards Regulations
under the
Highway Traffic Act
(O.C. 96‑808)

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.   Interpretation

        3.   Out‑of‑service criteria

        4.   Repairs, maintenance and records

        5.   Inspection

        6.   Entry by inspector

        7.   Lubrication

        8.   Body, sheet metal and equipment

        9.   Bus or physically disabled passenger vehicle

      10.   Occupant compartment door

      11.   Exterior compartment door

      12.   Chassis frame, underbody and body mounts

      13.   Drive shaft hanger brackets and guards

      14.   Mirror

      15.   Windshield and windows

      16.   Fuel system

      17.   Exhaust system

      18.   Fifth wheel coupling device

      19.   Hitches

      20.   Hydraulic brake requirements

      21.   Mechanical components of brakes

      22.   Hydraulic system and related warning devices

      23.   Power‑boosted hydraulic brakes

      24.   Air‑boosted hydraulic brakes or full air brakes

      25.   Vacuum gauge and low vacuum warning device

      26.   Parking brake

      27.   Emergency brake system

      28.   Service brakes

      29.   Brake drums and disc brake pads

      30.   Engine controls

      31.   Power‑boosted steering

      32.   Steering column and box

      33.   Wheel alignment

      34.   Steering linkage

      35.   Suspension

      36.   Air suspension system

      37.   Horn

      38.   Windshield washer and wiper systems

      39.   Heating and defrosting system

      40.   Neutral safety starting switch

      41.   Speedometer

      42.   Lamps and reflectors

      43.   Tires

      44.   Wheels

      45.   Number plates

      46.   Inconsistent provisions

      47.   Offences

      48.   Repeal


Short title

        1. These regulations may be cited as the Commercial Vehicle Maintenance Standards Regulations.

205/88 s1

Interpretation

        2. (1) In these regulations

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

             (b)  "commercial vehicle" means

                      (i)  a truck, tractor or trailer or combination of them exceeding a registered gross vehicle weight of 4500 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;

             (c)  "construction type" means, for the purpose of sections 39 and 40, a type of tire carcass such as bias ply, belted‑bias and radial ply and does not include variations in tread pattern or in cord material such as rayon, polyester and nylon used in building a tire carcass;

             (d)  "driver" means a person who drives a commercial vehicle;

             (e)  "exhaust system" includes manifolds;

              (f)  "home terminal" means the place of business of a carrier where the commercial vehicle driver normally reports for work;

             (g)  "out‑of‑service criteria" means the Commercial Vehicle Safety Alliance, North American Uniform Vehicle Out‑of‑Service Criteria, Appendix A, Part II;

             (h)  "plate" means an identification plate; and

              (i)  "recreation vehicle" means

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

                     (ii)  a vehicle used to transport recreational equipment such as snowmobiles, watercraft, fishing and hunting equipment, motorcycles, bicycles and other similar recreational items where that transportation is not in connection with a business, employment or commercial enterprise.

             (2)  These regulations do not preclude or exempt a carrier from compliance or performance of another mandatory inspection required with the Act.

205/88 ss2&22; 231/91 ss1&4

Out‑of‑service criteria

        3. (1) Notwithstanding another provision of these regulations, a person shall not operate or cause to be operated a commercial vehicle where the vehicle has a defect listed in the Out‑of‑Service Criteria.

             (2)  An inspector who determines that a commercial vehicle has a defect listed in the Out‑of‑Service Criteria shall declare the vehicle to be out of service and notify the driver to that effect.

             (3)  A person shall not drive or cause to be driven or allow to be driven a commercial vehicle which has been declared to be out‑of‑service under these regulations.

231/91 s4

Repairs, maintenance and records

        4. (1) A carrier shall systematically inspect, repair and maintain commercial vehicles under its control, and shall ensure that

             (a)  commercial vehicles under the control of a carrier comply with these regulations;

             (b)  parts and accessories which affect the safety of the operation of a commercial vehicle are in safe and proper operating condition; and

             (c)  replacement parts are designed for the application for which those parts are used, properly installed and, where practical, replacement parts certified by a recognized standards testing organization are used.

             (2)  A carrier shall maintain in relation to a commercial vehicle

             (a)  records identifying the vehicle, including the company number, make, model, plate number, serial number, year and tire size;

             (b)  a record of the name of the owner of the vehicle where the vehicle is not owned by the carrier;

             (c)  a means to indicate the nature and due date of the various inspection and maintenance operations to be performed;

             (d)  a record of inspections, repairs and maintenance indicating the date and nature of the inspections, repairs and maintenance;

             (e)  a lubrication record; and

              (f)  a record of modifications involving axles or suspensions which affect a manufacturer's gross vehicle weight rating or gross axle weight rating.

             (3)  A carrier shall retain records required under this section at the location that the commercial vehicle is housed or maintained, and shall retain those records for a period of 2 years and for 6 months after the vehicle leaves the carrier's control.

205/88 s3

Inspection

        5. (1) On inspecting a building, place, container or commercial vehicle, an inspector may examine and make copies and extracts of books, records, shipping documents or other documents or papers that he or she believes on reasonable and probable grounds contain information relevant to the administration or enforcement of these regulations.

             (2)  Where he or she considers it necessary, an inspector may make a reasonable request for assistance from the carrier or his or her representative.

             (3)  A carrier or his or her representative shall give an inspector all reasonable assistance to enable an inspector to carry out his or her duties.

             (4)  Where an inspector is satisfied on reasonable or probable grounds that a provision of these regulations has been contravened, he or she may seize goods, components or documents or give direction to a carrier for the removal or storage of goods, components or documents.

             (5)  Where an inspector makes a seizure under these regulations, he or she shall provide to the carrier or his or her representative with a receipt for the goods, components or documents.

205/88 s20

Entry by inspector

        6. (1) During the normal working hours of a carrier, an inspector may enter and inspect a building or place where he or she believes on reasonable and probable grounds a carrier to be operating from or to be a home terminal of a carrier, and request that the records required under these regulations be opened or otherwise made available for inspection.

             (2)  Where a building or place referred to in subsection (1) is a dwelling house, an inspector may not enter that dwelling house without the consent of the occupant except under the authority of a warrant issued under subsection (3).

             (3)  An inspector may make an application to a justice of the peace without notice to a carrier, which states under oath or affirmation that

             (a)  the conditions for entry described in relation to subsection (1) exist in relation to a dwelling house;

             (b)  entry to the dwelling house is necessary for a purpose relating to the administration or enforcement of these regulations; and

             (c)  entry to the dwelling house has been refused or that there are reasonable grounds for believing that entry will be refused,

and the justice of the peace may issue a warrant authorizing the inspector to enter that dwelling house subject to such conditions that may be specified in the warrant.

             (4)  An inspector shall not use force in executing a warrant unless he or she is accompanied by a peace officer and the use of force is specifically authorized in the warrant.

205/88 s21

Lubrication

        7. A carrier shall ensure that a commercial vehicle under its control is

             (a)  properly lubricated; and

             (b)  free of oil and grease leaks.

205/88 s4

Body, sheet metal and equipment

        8. A commercial vehicle shall

             (a)  be equipped with properly mounted bumpers, fenders and mudguards;

             (b)  not having protruding from a bumper, fender, moulding or other part a broken, bent or sharp edge;

             (c)  be equipped with a working hood latch or safety catch;

             (d)  be equipped with a working tilt cab latch where one is required;

             (e)  where energy absorbing material is originally installed by the manufacturer, not have any energy‑absorbing material missing from stanchions and guard rails or from the tops or sides of seat backs;

              (f)  have every occupant seat securely mounted in a manner which ensures that the seat will maintain its position and adjustment;

             (g)  where required under the provisions of the Commercial Motor Vehicle Safety Act (Canada), have those seat belt assemblies and anchorages, which were installed in the vehicle, and those seat belt assemblies and anchorages shall not be rendered partly or wholly inoperative or modified so as to reduce their effectiveness;

             (h)  where fitted with a seat belt assembly, have each belt anchorage secure and each buckle and retractor shall operate as intended and a belt webbing shall not be visibly damaged so as to reduce its effectiveness;

              (i)  have a functional driver's sun visor where the commercial vehicle was originally fitted with a driver's sun visor;

              (j)  where fitted with overhead package shelves, have its overhead package shelves securely mounted and not have broken, missing, excessively worn or excessively stretched package retaining components.

205/88 s5

Bus or physically disabled passenger vehicle

        9. (1) A bus, school bus or physically disabled passenger vehicle shall have floor and stepwell covering which is not so cracked, curled, loose or worn as to present a hazard to passengers.

             (2)  A bus, school bus or physically disabled passenger vehicle shall have working, securely mounted each stanchions, grab handles, guard rails and guard panels.

             (3)  A bus, other than a physically disabled passenger vehicle or a bus used for the purpose of transporting prisoners or other persons held in custody, shall have an emergency exit which

             (a)  if a door, shall have a clear passageway and be located at the rear of the vehicle and the release mechanism when actuated shall function from inside the vehicle as well as from outside the vehicle, where fitted with outside release, and the door shall open freely and close securely and the emergency door's audible or of visible warning device, if originally fitted, shall function properly;

             (b)  if a hinged push‑out window, shall be visually inspected to ensure that it should open outward when the release mechanism is actuated and adequate directions for its emergency use shall be displayed on or adjacent to the push‑out window, and the emergency warning device, if originally fitted, shall function properly; or

             (c)  if a roof hatch, shall open outward when the release mechanism is actuated and a reasonable amount of manual force is applied and adequate directions for the emergency use of the roof hatch shall be displayed on or adjacent to the roof hatch.

             (4)  A physically disabled passenger vehicle shall

             (a)  where fitted with wheelchair securement devices, have each device anchorage secured and each component part shall operate as intended, and a component part shall not have damage apparent on visual inspection which would reduce its effectiveness;

             (b)  where fitted with occupant restraint assemblies, have each component part operate as intended and a component part shall not have damage apparent on visual inspection which would reduce its effectiveness;

             (c)  where fitted with occupant restraint assemblies anchored to the vehicle, have each restraint assembly anchorage properly secured;

             (d)  have all devices used to secure passenger access or emergency exit doors in the open position in proper working order and have no damage apparent on visual inspection which would reduce their effectiveness;

             (e)  where fitted with an emergency exit door, have no fixed obstructions blocking the passage of persons or, in the case of a vehicle used for the transportation of persons in wheelchairs, blocking the passage of wheelchairs and the door release mechanism shall function from inside and outside the vehicle;

              (f)  where fitted with a ramp or power lift, have the means of attachment of the ramp or power lift to the vehicle secured with no fastening parts missing and when the ramp or power lift is in the stored position, it shall be secured by means other than a support or lug in the door in such a manner as to pose no potential hazard to occupants of the vehicle; and

             (g)  have a plate, cover or energy‑absorbing material required to protect persons from sharp edges or corners which plate, cover or material is not missing, worn or damaged so as to reduce its effectiveness.

             (5)  Where a school bus has a non‑hinged push‑out window as an emergency exit, there shall be adequate directions for its emergency use displayed on or adjacent to the push‑out window.

             (6)  The outlet fittings of the tailpipe of a school bus shall be beyond the extremities of the floor plan.

             (7)  All interior lamps on a school bus including stepwell lamps shall light when the appropriate switch is in the "on" position.

             (8)  The prescribed alternating signal lights on the front and rear of a school bus shall produce the required intensity of light in an alternating fashion with the engine running at normal idle speed when the alternating signal lights are switched to the "on" position and all other lights and electrical equipment are operating.

             (9)  Where a school bus is equipped with a stop arm, the stop arm shall operate as required.

205/88 ss5,14&15

Occupant compartment door

     10. (1) An occupant compartment door shall open freely when its release mechanism is actuated and shall close securely and the flexible material on closing edges, where originally fitted, shall not be missing, excessively loose or torn.

             (2)  Where a vehicle has an exit door other than a door to be used only in an emergency,

             (a)  the exit door shall not open when a moderate amount of manual force is applied when the driver's door control is in the "closed" position, and the audible or visual warning device, if fitted, shall function properly;

             (b)  the brake and accelerator interlock systems on the vehicle, if fitted, shall automatically apply the rear brakes and hold them in the applied position, and the engine speed shall be prevented from exceeding idle speed until the door control is moved to the "closed" position and the door has closed, when the driver's control is in the open position; and

             (c)  where the exit door is fitted with sensitive edges and the door is not fully closed, manual pressure applied to a sensitive edge shall cause the door to reopen, and the audible or visual warning device, if fitted, shall function properly, and the requirements set out in paragraph (b) shall apply.

205/88 s5

Exterior compartment door

     11. (1) An exterior compartment door shall be securely attached to the body of a commercial vehicle.

             (2)  An exterior compartment door on a commercial vehicle shall function properly, and be equipped with a lock, latch or spring device that shall hold the door closed.

205/88 s5

Chassis frame, underbody and body mounts

     12. (1) A chassis frame member or structural member of a unitized or monocoque body shall not be visibly cracked or perforated by corrosion or have loose or missing connecting fasteners which may degrade the safety of the vehicle or jeopardize its handling characteristics.

             (2)  The underbody, excluding the underbody of a separate cargo body, shall not be visibly perforated by rust or otherwise damaged or have an opening other than those intended by the manufacturer.

205/88 s5

Drive shaft hanger brackets and guards

     13. (1) A commercial vehicle's drive shaft hanger brackets and guards shall have working, securely attached, undamaged fasteners.

             (2)  A commercial vehicle shall have a secure drive shaft guard or hanger bracket.

205/88 s5

Mirror

     14. (1) A prescribed mirror shall not be missing.

             (2)  A mirror shall be securely mounted and maintain a set adjustment.

             (3)  A mirror shall not be cracked, broken or have significant reduction in reflecting surface owing to deterioration of the silvering.

             (4)  Where a vehicle does not have a rear window or where the view through the rear window is obstructed, the outside rear‑view mirror or mirrors shall not be missing.

205/88 s5

Windshield and windows

     15. (1) Safety glass shall be used in a windshield or window of a commercial vehicle.

             (2)  A manufacturer's marking,

             (a)  on the windshield, shall be AS1 and AS10;

             (b)  on the side and rear windows at levels requisite for driving visibility, shall be AS1, AS2, AS4, AS6, AS10 or AS11; and

             (c)  on windows for standing passengers in interior partitions or in openings in the roof, shall be AS1, AS2, AS3, AS4, AS5, AS6, AS7, AS10, AS11, AS12 or AS13.

             (3)  A material which obstructs the driver's view of the highway or of an intersecting highway shall not be fitted in the windshield opening or in a side window opening to the left or right of the driver's seat.

             (4)  Safety glass in the windshield or in a side window to the left or right of the driver's seat shall not be crazed, clouded or fogged so as to materially impair the vision of a driver.

             (5)  Safety glass in a windshield or window shall

             (a)  not have exposed sharp edges;

             (b)  not be broken;

             (c)  not have portions missing; and

             (d)  where originally fitted with banding on exposed edges, have its banding in good condition.

             (6)  There shall not be a star, stone chip or crack in the area of the windshield swept by the driver's wiper blade which may interfere with the driver's vision.

             (7)  A commercial vehicle shall be equipped with a window to the left of the driver's seat that is suitable for the purpose of permitting a signal by means of the hand or arm and that window shall be capable of opening.

205/88 s5

Fuel system

     16. (1) In a fuel system of a commercial vehicle,

             (a)  a mounting or attachment shall not be missing or insecure;

             (b)  a filler cap shall not be missing or insecure; and

             (c)  a leakage shall not occur at any point in the fuel system.

             (2)  Notwithstanding subsection (1), all pressurized fuel systems shall meet Canadian Gas Association Standards.

205/88 s5

Exhaust system

     17. (1) An exhaust pipe, muffler or tail pipe shall not be missing or insecurely mounted.

             (2)  Leakage shall not occur at any point in an exhaust system except through drain holes provided by the manufacturer.

             (3)  A component of an exhaust system shall not be so located as to cause charring or other heat damage to any wiring, fuel line, brake line or combustible material of the vehicle.

             (4)  A component of an exhaust system shall not pass through the occupant compartment.

             (5)  A component of an exhaust system shall not be so located or unguarded that an individual may be burned on entering or leaving the vehicle.

             (6)  An exhaust system shall not be shortened or modified from original equipment so as to fail to direct the exhaust beyond the underbody of the occupant compartment or luggage compartment, and the distance between the outlet and periphery of the underbody past which it directs the exhaust shall not exceed 15 centimetres.

205/88 s5

Fifth wheel coupling device

     18. (1) A fifth wheel shall be fastened securely to the vehicle.

             (2)  Where a fifth wheel is secured to the vehicle frame by means of U‑bolts, positive stops shall be provided to prevent it from shifting on the frame.

             (3)  A jaw closure mechanism and locking system shall be in good working order and shall not be broken, cracked or excessively worn.

             (4)  Slider mechanisms, if fitted, shall lock securely and shall not show any signs of failure or excessive wear.

205/88 s5

Hitches

     19. (1) A trailer hitch or towing structure to which a trailer hitch is attached shall be securely mounted.

             (2)  A latch mechanism shall close securely.

             (3)  A part of a trailer hitch, hitch mounting and connecting device for cables and chains shall not be missing, cracked, broken, excessively bent, seized or excessively worn.

             (4)  A cast or forged hitch shall not show any indication that repairs have been made by means of brazing or welding.

             (5)  Connecting devices provided at the rear of a vehicle for the attachment of a safety chain or cable shall be securely fastened, in good repair and not removed.

205/88 s5

Hydraulic brake requirements

     20. (1) In this section, a brake system includes hydraulic, vacuum and air system components, including reservoirs, fittings, valves, supports, hose clamps, connections, air chambers, air cleaners, hoses and tubes.

             (2)  A brake system with vacuum hydraulic or air boost systems fully charged shall not have a hydraulic or vacuum leak while the brakes are fully applied or released.

             (3)  Hydraulic, air or vacuum hose or tube of a brake system shall not be abraded, restricted, crimped, cracked, broken, disconnected or be so located as to chafe against a part of the vehicle or have damaged or missing clamps or supports.

             (4)  Brake system tubing shall not show indication of leakage or heavy corrosion scaling.

             (5)  The hydraulic fluid level in a reservoir of a brake system shall not be below the minimum level as specified by the manufacturer or where no specification is made by the manufacturer, the level shall not be less than 10 millimetres below the lowest edge of each filler opening.

             (6)  The air cleaner of the vacuum system or air compressor of a brake system shall not be clogged.

205/88 s6

Mechanical components of brakes

     21. Mechanical components of a brake service, parking and emergency brake systems shall not be misaligned, insecure, excessively worn, broken, seized, missing, frayed or disconnected.

205/88 s6

Hydraulic system and related warning devices

     22. (1) A hydraulic master cylinder push rod shall be properly adjusted.

             (2)  Where a commercial vehicle is equipped with dual circuit hydraulic brakes, the brake failure warning lamp shall be operative.

             (3)  Where a commercial vehicle has power‑boosted brakes, and the engine is running, the service brake pedal shall not move towards the applied position with moderate foot force maintained on the pedal for 10 seconds.

             (4)  Where a commercial vehicle has power‑boosted brakes, and the engine is running,

             (a)  the total pedal travel shall not exceed 80% of the total available travel; and

             (b)  on a vehicle equipped with dual circuit hydraulic brakes, the brake failure warning lamp shall not come on,

with heavy foot force applied to the service brake pedal.

             (5)  Notwithstanding subsection (4), where a commercial vehicle is equipped with a Hydra‑Boost braking system, the foot force necessary to be applied to the pedal shall not exceed 27.2 kilograms.

205/88 s6

Power‑boosted hydraulic brakes

     23. (1) Where a commercial vehicle is equipped with power‑boosted hydraulic brakes, after the engine has been stopped and the vacuum, air or hydraulic boost has been depleted, holding moderate pressure on the service brake pedal and starting the engine shall result in the pedal moving towards the applied position.

             (2)  Where a commercial vehicle is equipped with hydraulically‑boosted hydraulic brakes and electrically‑driven hydraulic pump for the reserve power system, after the engine has been stopped and the hydraulic boost has been depleted, holding moderate pressure on the service brake pedal while moving the ignition switch to the "on" position shall cause the pump to start and the brake pedal to move towards the applied position.

205/88 s6

Air‑boosted hydraulic brakes

     24. (1) In this section, air brakes means air‑boosted hydraulic brakes or full air brakes.

             (2)  The compressor drive belt on air brakes, if fitted, shall have correct tension and shall not be cut, frayed or excessively worn.

             (3)  The air pressure gauge on air brakes shall be operative.

             (4)  With the engine running at a fast idle, the time required to build air pressure on air brakes from 344 to 621 kilopascals shall not exceed 2 minutes.

             (5)  With the air system fully charged and the engine running, each air reservoir drain valve shall be actuated and shall function properly on air brakes.

             (6)  The governor cut‑in and cut‑out pressures on air brakes shall not be lower or higher than those specified by the vehicle manufacturer or, if not specified by the manufacturer, 552 kilopascals gauge measure and 931 kilopascals gauge measure respectively.

             (7)  With the air brakes fully charged and immediately after the engine is stopped, the compressed air reserve shall be sufficient to permit one fully service brake application from fully charged system pressure without lowering reservoir pressure more than 20%.

             (8)  With the air brake system fully charged and the engine stopped, air pressure drop shall not exceed

             (a)  with the service brakes released, 14 kilopascals in one minute; and

             (b)  with the service brakes fully applied, 21 kilopascals in one minute.

             (9)  The low pressure warning device on air brakes shall operate when system pressure is reduced to 379 kilopascals.

205/88 s6

Vacuum gauge and low vacuum warning device

     25. (1) A vacuum gauge on a commercial vehicle shall be operative.

             (2)  Where a commercial vehicle is fitted with a vacuum gauge and the engine is not running, the warning device shall operate before the vacuum reserve drops to less than 20.3 centimetres of mercury.

             (3)  Where a commercial vehicle is not fitted with a vacuum gauge, there shall be at least one boosted brake application available after the warning device operates.

205/88 s6

Parking brake

     26. (1) A parking brake, while set in the fully applied position and not held by foot or hand force or by hydraulic or air pressure, shall hold the vehicle stationary against the engine at a light throttle setting for a few seconds both in reverse gear and in low forward gear.

             (2)  A parking brake shall fully release when the release control is operated.

205/88 s6

Emergency brake system

     27. (1) An emergency brake system, while set in the fully applied position with the transmission in a low forward gear, shall hold the vehicle stationary against the engine at a light throttle setting for a few seconds.

             (2)  There shall be reserve travel available beyond the full brake application position.

             (3)  An emergency brake system shall fully release when the release control is operated.

205/88 s6

Service brakes

     28. Service brakes on a commercial vehicle shall be properly adjusted.

205/88 s6

Brake drums and disc brake pads

     29. (1) A drum or disc shall not have an external crack on the friction surface other than normal heat checks which reach the edge of the drum bore or periphery of the disc.

             (2)  A drum or disc shall not have mechanical damage to the friction surface other than that which may be attributed to normal wear.

             (3)  A ventilated disc shall not have broken or visibly cracked cooling fins.

             (4)  The inside diameter of a drum shall not be greater than the dimension stamped on the drum or, where the dimension is not stamped on the drum, the vehicle manufacturer's wear limit.

             (5)  The thickness of a disc shall not be less than the dimension stamped on the disc or, where the dimension is not stamped on the disc, the vehicle manufacturer's wear limit.

             (6)  The bonded lining shall not be thinner than 1.5 millimetres when measured at the thinnest point.

             (7)  The surface of a riveted lining shall not be closer to the rivet head than the dimension specified by the vehicle manufacturer and the measurement shall not be less than 0.8 millimetres.

             (8)  Bolted linings shall not be thinner than 8 millimetres when measured at the centre of the shoe.

             (9)  The brake lining shall not be broken loose on its shoe or pad.

           (10)  The brake lining shall not show evidence of contamination so as to affect braking performance.

           (11)  A hydraulic brake cylinder shall not show evidence of leakage.

           (12)  The mechanical or structural part shall not be misaligned, badly worn, cracked, broken, binding, seized, disconnected or insecure and a grease retainer shall not be missing or leaking.

           (13)  If fitted, an automatic adjuster shall be in good working order.

           (14)  A hydraulic brake piston shall not fail to move when moderate pressure is applied to the brake pedal.

           (15)  All brakes shall be adjusted for minimum lining to drum clearance without brake drag.

205/88 s12

Engine controls

     30. (1) The engine speed shall drop to idle when the accelerator pedal is released.

             (2)  Where an engine is equipped with an emergency stopping device, the engine shall stop when the control is actuated while the engine is idling.

             (3)  An engine control on a trolley bus, where the reverser in the neutral position,

             (a)  shall function as intended; and

             (b)  shall turn off when the power pedal is released.

205/88 s7

Power‑boosted steering

     31. (1) A power steering drive belt shall not be missing, cut, frayed or excessively worn.

             (2)  A power steering drive belt shall have correct tension.

             (3)  Fluid in a power steering reservoir shall not be lower than the minimum level specified by the vehicle manufacturer.

             (4)  On a commercial vehicle, with the engine running,

             (a)  the power steering system shall operate as intended; and

             (b)  the hydraulic system shall not show excessive play.

205/88 s7

Steering column and box

     32. (1) A steering column and box shall not be loose in their mountings to the body and frame.

             (2)  A bolt or nut shall not be loose or missing from a steering column and box mounting.

             (3)  Steering shaft couplings and spines shall not have excessive play.

             (4)  Upon visual inspection, the steering column energy‑absorbing section, if fitted, shall not appear damaged so as to reduce its effectiveness.

205/88 s7

Wheel alignment

     33. While all wheels are on the ground and the front wheels are in the straight‑ahead position, they shall not be visibly out of alignment.

205/88 s7

Steering linkage

     34. (1) Where a commercial vehicle is equipped with power‑boosted steering while the front wheels are on the ground in the straight‑ahead position and the engine is running, free movement of the steering wheel rim, with no movement of the front wheels, shall not exceed

             (a)  the limit designated by the vehicle manufacturer; or

             (b)  in the case where the limit is not designated, 30°.

             (2)  There shall be no excessive play in a steering linkage joint.

             (3)  Where a commercial vehicle is equipped with power‑boosted steering, while the front wheels are on the ground and the engine is running, the front wheels shall turn from full right to full left and back again without interference or indication of roughness in the mechanism.

             (4)  While the front wheels are off the ground and the vehicle is supported so that the steering linkage assumes its normal attitude, without movement of the opposite wheel, a front wheel shall not have play about a vertical axis of

             (a)  6 millimetres for a tire diameter designation of 16 or less;

             (b)  9 millimetres for a tire diameter designation that is larger than 16 but not larger than 18; or

             (c)  12 millimetres for a tire diameter designation that is larger than 18,

as measured at the extreme front or rear of the tire tread face.

             (5)  A part of the steering linkage system shall not be damaged, repaired or modified so as to weaken the linkage system or affect the proper steering of the vehicle.

             (6)  A nut, bolt or cotter pin shall not be loose, excessively worn or missing.

205/88 s7

Suspension

     35. Where the wheels of a commercial vehicle are off the ground so that the suspension joints are not under load,

             (a)  a non‑load‑carrying ball joint shall not show any perceptible play other than that specified by the manufacturer;

             (b)  a load‑carrying ball joint shall not have play in excess of that specified by the vehicle manufacturer;

             (c)  in the case of king pins, a front wheel shall not have a rocking play about a horizontal axis in excess of

                      (i)  6 millimetres for a tire diameter designation of 16 or less,

                     (ii)  9 millimetres for a tire diameter designation that is larger than 16 but no larger than 18, or

                    (iii)  12 millimetres for a tire diameter designation that is larger than 18

as measured at the extreme top or bottom of the tire tread face;

             (d)  a control arm inner pivot shall not have excessive play;

             (e)  a wheel or axle bearing shall not give any indication of excessive wear or damage when the bearing is rotated;

              (f)  a wheel or axle bearing shall not be maladjusted so as to result in excess play or binding;

             (g)  wear‑indicating ball joints while under load with the wheels on the ground shall not show excessive wear;

             (h)  front and rear springs, shackles, U‑bolts, centrebolts, radius rods, control arms, shock‑absorbers, equalizers, stabilizers and their supports and attachments shall not be loose, bent, cracked, broken, disconnected, perforated by corrosion or missing; and

              (i)  the rear axle or axles and their wheels shall not be tracking improperly so as to adversely affect control of the vehicle.

205/88 s8

Air suspension system

     36. (1) Where a commercial vehicle is equipped with full air brakes, when the engine is started with zero gauge air brake system, air shall not begin to flow into the suspension system before 379 kilopascals gauge pressure is reached in the brake system.

             (2)  With air in the suspension system at normal operating pressure and the pusher or tag axle, if fitted, tested in both load and reduced load sharing modes, air leakage shall not occur.

             (3)  With air in the suspension system at normal operating pressure, the pusher or tag axle, if fitted, shall respond properly to its load sharing control switch or valve.

             (4)  With air in the suspension system at normal operating pressure, the vehicle body and chassis frame shall be supported clear of all axles and shall appear to be level.

             (5)  Suspension joints of a variable load sharing axle with independent suspension shall not be worn beyond the manufacturer's specified safe limits.

205/88 s8

Horn

     37. (1) A horn shall not be loose on its mounting.

             (2)  A horn shall function properly.

205/88 s9

Windshield washer and wiper systems

     38. (1) The windshield washer system shall function properly.

             (2)  A wiper arm and blade assembly shall sweep the area intended by the vehicle manufacturer.

             (3)  A part of the windshield wiper system shall not be missing, badly worn or deteriorated so as to impair its effectiveness.

205/88 s9

Heating and defrosting system

     39. (1) A heating system shall function as intended.

             (2)  Visible portions of hoses and piping for an interior heater routed within an occupant compartment shall not be abraded, cracked or leaking.

             (3)  A defrosting system shall deliver heated air to the windshield and, where fitted, to the side windows to the left and right of the driver's seat.

205/88 s9

Neutral safety starting switch

     40. (1) A neutral safety starting switch shall not be removed from a commercial vehicle.

             (2)  A starter shall not operate unless the gear selector or transmission in park or neutral.

205/88 s9

Speedometer

     41. A speedometer shall be in good working order.

205/88 s9

Lamps and reflectors

     42. (1) Each circuit shall light the filaments of all lamps on that circuit when the appropriate switch is in the "on" position and each indicator lamp shall operate correctly.

             (2)  The operation of a lighting circuit shall not interfere with the operation of another circuit.

             (3)  Each lens and reflex reflector shall be correctly installed and shall not be discoloured or missing in whole or in part.

             (4)  Each lamp and reflector shall be securely mounted on the vehicle and shall not be missing.

             (5)  Turn signal lamps and the flasher unit shall operate properly.

             (6)  In the case of a bus or physically disabled passenger vehicle,

             (a)  all interior lamps, including stepwell lamps, shall light when the appropriate switch is in the "on" position; and

             (b)  the lights provided to illuminate the loading equipment and step nosings shall light when the appropriate switch is in the "on" position or when the doors are opened.

             (7)  A headlamp shall not be coated with a coloured lacquer.

             (8)  A headlamp shall not be modified, by the attachment to the lamp or to the vehicle of a device, in a manner which reduces the effective area or the lens or brightness of the light.

             (9)  Each headlamp shutter or retracting headlamp shall operate over the full range of movement or shall be secured in the fully open position.

           (10)  A headlamp shall be properly aligned.

205/88 s9

Tires

     43. Tire pressures shall be maintained at manufacturer's specifications, and

             (a)  except for front tires, a tire shall not be worn sufficiently

                      (i)  for the tread wear indicators to contact the road, or

                     (ii)  that less than 1.5 millimetres of tread depth remains

in any 2 adjacent major grooves at 3 equally spaced intervals around the circumference of the tire, and

                    (iii)  notwithstanding subparagraph (ii), except for dual tires on an urban transit bus, a commercial vehicle shall not be equipped with tires that show indication of siping only and in the case of an urban transit bus, the siping shall not be less than 1.5 millimetres in depth;

             (b)  in the case of front tires, a tire shall not be worn so that less than 3 millimetres of tread depth remains in any 2 adjacent major grooves at 3 equally spaced intervals around the circumference of the tire, and a front tire shall not show evidence of siping;

             (c)  a tire shall not have exposed cord;

             (d)  a tire shall not have tread or sidewall cuts or snags deep enough to expose the cords;

             (e)  a tire shall not have an abnormal visible bump, bulge or knot;

              (f)  a tire shall not have been regrooved or recut below the original new tire groove depth other than tires specially designed for such recutting and marked as being tires so designed;

             (g)  except in the case of a trolley bus, a front tire shall not have been altered by the addition of material to produce a new tread surface;

             (h)  a tire shall not be of a smaller size than the vehicle manufacturer's specified minimum size;

              (i)  a tire shall not be so oversized as to contact any vehicle component which may affect the safe operation of the vehicle;

              (j)  except for a vehicle fitted with dual rear tires, a mixture of construction types consisting of radial ply on the front and bias ply or belted‑bias tires on the rear shall not be fitted;

             (k)  a mixture consisting of 60 or 50 series tires on the front and other series tires on the rear shall not be fitted;

              (l)  a combination of construction types or sizes, except where stated to be equivalent by tire industry standards, shall not be fitted on an axle;

            (m)  tires in a dual tire set shall not be in contact with each other or differ from each other in overall diameter by more than 13 millimetres or in circumference by more than 38 millimetres; and

             (n)  a vehicle shall not be fitted with a tire that

                      (i)  bears the wording "not for highway use", "farm use only", "competition circuit use only" or any other wording or lettering indicating that the tire was not designed for highway use, or

                     (ii)  bears the letter "SL", "NHS" or "TG" after tire designation.

205/88 s10

Wheels

     44. (1) A wheel stud, bolt, clamp, nut or lug shall not be loose, missing, damaged, broken, mismatched or have insufficient thread engagement.

             (2)  A disc wheel assembly shall not have any visible crack, elongated bolt hole, indication of repair by welding, or be so bent or damaged as to affect the safe operation of the vehicle.

             (3)  A wheel rim or lock ring shall not be mismatched, bent, sprung or otherwise damaged so as to affect the safe operation of the vehicle.

             (4)  A cast wheel shall not show evidence of excessive wear in the clamp area.

             (5)  A wheel spoke shall not be missing, loose or broken.

205/88 s10

Number plates

     45. A number plate shall not be missing, damaged, faded, discoloured or have paint removed so as to impair readability.

205/88 s11

Inconsistent provisions

     46. In the event of an inconsistency between these regulations and other regulations under the Act, these regulations shall prevail.

205/88 s23; 231/91 s4

Offences

     47. (1) It is an offence to operate or cause to be operated a commercial vehicle not in compliance with these regulations.

             (2)  It is an offence to operate or cause to be operated a commercial vehicle which is not subject to a systematic inspection, repair and maintenance program.

             (3)  It is an offence for a carrier to fail to maintain records, destroy records or to falsify records required by these regulations.

             (4)  It is an offence to obstruct or hinder an inspector in the performance of his or her duties in relation to these regulations.

205/88 ss16‑19

Repeal

      48. The Highway Traffic (Commercial Vehicles Maintenance Standards) Regulations, 1988, Newfoundland Regulation 205/88, are repealed.

(This document includes the correction made on
March 21, 1997, p.359.)