This is an official version.

Copyright 2000: Queen’s Printer,
St. John's, Newfoundland and Labrador, Canada

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Revised Statutes of Newfoundland 1990


CHAPTER M-19

AN ACT TO PROVIDE FOR THE REGULATION OF MOTOR VEHICLES USED IN THE TRANSPORTATION OF PERSONS OR GOODS FOR COMPENSATION

Analysis

1. Short title

2. Definitions

3. Exemption from Act

4. Certificate required

5. Leasing prohibited

6. Certificates

7. Granting of certificate

8. Where application is rejected

9. Hearing before board

10. Processing of applications

11. Re-application prohibited

12. Transfer, etc. prohibited

13. Term of certificate

14. Exclusive rights

15. Information to be provided

16. Amendment, etc. of certificate

17. Registrar's powers

18. Costs of hearing

19. Operation of vehicle after cancellation, etc.

20. Display of plate or sticker on vehicle

21. Operation to comply with certificate

22. Rates

23. Cessation of service

24. Employees to be notified

25. Duty to accept passengers

26. Routes

27. Schedules and services

28. Regulations

29. Segregation of services

30. Duty of carrier

31. Information required

32. Exceeding certificate limits; offence

33. Offence and penalty

34. Violation ticket

35. Powers of board

36. Joint hearing

37. Direction to board

38. Inspectors

39. Application of Public Utilities Act

40. Inspection of premises

41. Exclusion from Act

42. Provisions, etc. additional to other Act

43. Disposition of fees

44. Employer liable


Short title

1. This Act may be cited as the Motor Carrier Act.

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Definitions

2. In this Act

(a) "ambulance" means an ambulance as defined by the regulations and "ambulance service" has a corresponding meaning;

(b) "board" means the Board of Commissioners of Public Utilities;

(c) "certificate" means a valid and existing motor carrier certificate granted to a person under this Act;

(d) "freight" includes personal property of every description that may be conveyed upon a motor vehicle or trailer, except a passenger's personal baggage;

(e) "freight forwarder" means a freight forwarder as defined by the regulations;

(f) "highway" means highway as defined by the Highway Traffic Act;

(g) "inspector" means a person appointed as an inspector under section 38;

(h) "inter-corporate carriage" means inter-corporate carriage as defined by the regulations;

(i) "maximum gross mass" means maximum gross mass as defined by the Highway Traffic Act;

(j) "minister" means the Minister of Works, Services and Transportation;

(k) "motor carrier" means a person operating a public service vehicle and includes a person who is the holder of a certificate but does not include a freight forwarder;

(l) "motor vehicle" means a motor vehicle as defined by the Highway Traffic Act;

(m) "operate", in respect of a motor vehicle, includes the driving or managing of the motor vehicle;

(n) "owner" means

(i) the person who holds the legal title to a vehicle,

(ii) in the case of a vehicle which is the subject of a mortgage, the mortgagor if he or she is entitled to possession of the vehicle,

(iii) in the case of a vehicle which is the subject of a hire-purchase agreement, the person in possession of the vehicle under the agreement, or

(iv) in the case of a vehicle which is the subject of a conditional sale contract, the buyer under the conditional sale contract if he or she is entitled to possession of the vehicle;

(o) "passenger" includes a passenger's personal baggage;

(p) "public service vehicle" means

(i) a motor vehicle designed or used for the transportation of passengers or ill or injured persons for compensation, and

(ii) a motor vehicle or trailer designed or used for the transportation of freight for compensation;

(q) "registrar" means the Registrar of Motor Vehicles appointed under the Highway Traffic Act;

(r) "school bus" means a bus as defined in the Highway Traffic Act and operated for the transportation of children to or from school or school related activities;

(s) "trailer" means a vehicle which has no motive power of its own and which is attached to a traction engine or other motor vehicle upon a highway, but does not include

(i) an implement of husbandry temporarily attached to a traction engine,

(ii) a side car attached to a motor cycle, or

(iii) a device used exclusively on fixed rails;

(t) "transportation", with respect to freight, includes the shipment, care, handling, storage, and delivery of that freight;

(u) "vehicle" means a vehicle as defined by the Highway Traffic Act; and

(v) "violation ticket" means a document by which a complaint is laid and a summons issued in accordance with section 34.

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Exemption from Act

3. (1) This Act does not apply to

(a) a school bus owned or operated by a school board or operated under a contract with a school board or school official, while operated for school related activities;

(b) a vehicle being used exclusively to take workers to and from their work over a highway upon which no adequate transportation is provided at convenient times for that purpose by a person holding a certificate;

(c) a vehicle while being used exclusively in the transportation of

(i) trees, logs, pulpwood, wood chips, pit-props or similar forest products, or

(ii) mineral ore from a mine to a processing plant or to the first point of transhipment;

(d) a vehicle while being used exclusively by or for

(i) a farmer for the transportation of unprocessed products of the farm, or

(ii) a fisher for the transportation of unprocessed products of the sea

from the place of production or landing to the market or to the first point of transhipment;

(e) a vehicle while being used exclusively for the transportation of goods and chattels that are genuinely the property of the owner;

(f) a vehicle, other than an ambulance, while being operated under the management and control of or in accordance with a franchise or licence granted by or on behalf of

(i) the City of St. John's, other than a vehicle operating outside the limits of that city under subsection 216(3) of the City of St. John's Act,

(ii) the City of Corner Brook,

(iii) the City of Mount Pearl, or

(iv) a town, community or region established or continued under the Municipalities Act,

for the purpose of a municipal undertaking;

(g) a vehicle while being used exclusively for the transportation of a commodity prescribed by the regulations;

(h) inter-corporate carriage; and

(i) a vehicle or class of vehicles exempted by the regulations.

(2) This Act does not apply to a leased vehicle

(a) while the vehicle is being used exclusively for the transportation of goods and chattels that are genuinely the property of the lessee;

(b) where the leased vehicle is placed in the lessee's exclusive possession and control and is operated by an employee of the lessee who is under the exclusive direction, control and responsibility of the lessee;

(c) where there is no relationship between the lessor of the vehicle and the driver of the vehicle; and

(d) where the lessee is responsible for the safe operation of the vehicle.

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Certificate required

4. (1) A person shall not operate a motor vehicle or trailer upon a highway as a public service vehicle unless that person

(a) obtains or is exempted from obtaining a

(i) public service freight certificate, or

(ii) public service passenger certificate; and

(b) complies with the terms and conditions of the certificate.

(2) A person shall not make use of a motor vehicle or trailer on a highway in the province as a public service vehicle unless the person who permitted the use holds a certificate authorizing the operation of that motor vehicle or trailer as a public service vehicle for the purpose for which the use is made.

(3) A person shall not knowingly hire, directly or indirectly, or participate in an arrangement to hire a person to carry goods where the service would be carried out contrary to subsection (1).

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Leasing prohibited

5. A person shall not enter into a lease of a motor vehicle or trailer where

(a) the lessor of the motor vehicle or trailer engages or pays, directly or indirectly, the driver of the motor vehicle or trailer;

(b) the lessor exercises control over the driver in the course of his or her employment as a driver of the motor vehicle or trailer;

(c) the lessor of the motor vehicle or trailer assumes responsibility for goods transported by the motor vehicle or trailer; or

(d) the lessee of the vehicle does not acquire or exercise absolute possession of and control over the operation of the motor vehicle or trailer under the lease.

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Certificates

6. (1) The board may grant a public service freight certificate authorizing the transportation of goods.

(2) The board may grant a public service passenger certificate authorizing the transportation of passengers and freight as prescribed by the registrar.

(3) Where the board grants a certificate under this section, the registrar may issue to the holder of the certificate, plates or stickers of a design prescribed by the regulations.

(4) A plate or sticker issued under subsection (3) remains the property of the Crown.

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Granting of certificate

7. (1) An application for a certificate shall be made to the board on a form prescribed by the regulations.

(2) When considering an application for a certificate or an amendment to a certificate, the board shall consider those conditions for obtaining a certificate that may be set by the regulations and may approve provisionally the application in whole or in part or may deny the application.

(3) The board shall within 30 days notify an applicant of a decision under subsection (2) and where the board refuses to grant a certificate the reasons for the refusal.

(4) Where the board notifies an applicant that his or her application has been approved provisionally, the applicant shall publish a notice of the application and the board's decision under subsection (2) in an edition of the Gazette and in another manner that the board may direct.

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Where application is rejected

8. (1) Where the board does not approve an application under section 7, an applicant may within 15 days request a hearing before the board.

(2) Where a hearing is requested under subsection (1) the board shall hold one.

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Hearing before board

9. (1) A person who objects to an application for a certificate shall

(a) file with the board a notice of objection to the application together with

(i) a written statement setting out in full the reasons why the application should be denied, and

(ii) relevant documentary evidence, and

(b) serve the applicant with a copy of the notice of objection, the statement of reasons and the relevant documentary evidence filed with the board

(i) by personal service, or

(ii) by prepaid, registered mail, at the address shown on the application,

not later than 20 days after the date of publication of the notice referred to in subsection 7(4).

(2) Where the board receives a notice of objection under subsection (1) and determines that the objection does not establish a presumptive case against granting the certificate, the board shall immediately notify in writing the person who filed the objection and the applicant for a certificate of that fact.

(3) Where

(a) an objection has not been filed with the board and served on the applicant in accordance with subsection (1);

(b) the objections under subsection (1) have been rejected by the board under subsection (2); or

(c) the objections under subsection (1) have been withdrawn

the board shall approve the application and grant a certificate to the applicant.

(4) Where the board decides that a notice of objection raises sufficient grounds for holding a hearing with respect to an application for a certificate, the board shall set a time and place for the hearing of the application and notify all parties of the time and place of the hearing.

(5) The board shall publish a notice of the hearing in the Gazette.

(6) The parties to a hearing are

(a) the applicant;

(b) a person who has submitted an objection which has been found to establish a presumptive case against the applicant; and

(c) those other persons that the board determines have a genuine interest in the application.

(7) In conducting a hearing, the board shall give all the parties full opportunity to present evidence and make representations, in person or by counsel or agent.

(8) After considering the evidence and submissions made at a hearing, the board shall approve the application and grant a certificate unless it is demonstrated to the board, on the balance of probabilities, that the approving of the application would be contrary to the conditions established by the regulations for the granting of a certificate.

(9) The board shall deliver its decision in writing to each of the parties to the hearing within 30 days of the completion of the hearing.

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Processing of applications

10. The board shall process all applications for certificates in a similar manner irrespective of the size or type of motor carrier operation in relation to which the application is being made.

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Re-application prohibited

11. Where the board refuses to grant a certificate to an applicant, the board shall not consider a new application for the same or substantially the same certificate from that applicant until 6 months have elapsed from the date of the 1st application.

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Transfer, etc. prohibited

12. (1) A person shall not capitalize, sell, assign, lease or transfer a certificate.

(2) The board may require a corporation that is the holder of a certificate to report to it an issue, a cancellation, conversion, surrender or transfer of its shares or capital stock.

(3) Where the board is of the opinion that an issue, a cancellation, conversion, surrender or transfer of shares or capital stock has affected the control of a corporation referred to in subsection (2) and has not received the prior written approval of the board, the issue, cancellation, conversion, surrender or transfer shall be considered to be a transfer contrary to subsection (1) of all certificates held by the corporation and the board may suspend, alter or revoke the certificates.

(4) Where a person who is a certificate holder dies, the executor or administrator of the estate of the deceased person may carry on the business of that person in accordance with the certificate for not more than 6 months after the death.

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Term of certificate

13. (1) A certificate unless cancelled expires on the last day of the month 1 year following the date on which it is expressed to take effect or from which it is renewed unless an earlier date is fixed by the board and stated in the certificate.

(2) A certificate may be renewed upon application to the registrar on a form prescribed by the regulations and upon payment of the fees prescribed by the regulations.

(3) A person who wishes to have a certificate renewed shall apply for the renewal before the expiry of his or her present certificate.

(4) In a case where an application for renewal of a certificate has not been filed on or before the date on which the certificate expires the registrar may refuse to renew the certificate.

(5) A certificate shall not be renewed unless the applicant has paid in full an amount due under section 18 or otherwise.

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Exclusive rights

14. A certificate does not confer a perpetual or exclusive right upon the holder.

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Information to be provided

15. (1) A person shall, within 30 days or within a longer period that may be approved by the board after being notified that his or her application for a certificate has been approved or that an application for amendment of his or her certificate to provide additional service has been approved, supply all the information required by the regulations.

(2) A certificate holder who does not maintain a place of business in the province shall designate and maintain a person resident in the province as an agent of the certificate holder for the purposes of this Act and to accept service for and on behalf of the certificate holder.

(3) Where the name or address of a holder of a certificate changes from that set out in the application for the certificate or a previous notice of change, the holder shall file, with the board and with the registrar, a notice of the change within 15 days after the change.

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Amendment, etc. of certificate

16. (1) The board may, for cause, amend, suspend or cancel a certificate in whole or in part.

(2) Where the board intends to amend, suspend or cancel a certificate under subsection (1) the board shall inform the holder of the certificate of that intention and where one is requested by the certificate holder within 15 days of being so notified, the board shall hold a hearing into the matter.

(3) Where a hearing is requested before the board under subsection (2), the board shall publish a notice of the hearing in the Gazette.

(4) The parties to a hearing are

(a) the certificate holder; and

(b) those other persons that the board determines have a genuine interest in the matter.

(5) In conducting a hearing the board shall give all the parties full opportunity to present evidence and make representations, in person or by counsel or agent.

(6) Where a board holds a hearing under subsection (2), the board may make whatever determination it considers appropriate.

(7) Where the board amends, suspends or cancels a certificate it shall publish a notice to that effect in the Gazette.

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Registrar's powers

17. The powers conferred on the registrar by this Act are additional to the powers conferred on the registrar by the Highway Traffic Act and an action taken by the registrar in the exercise the first mentioned powers shall have the same force as if it were taken under the Highway Traffic Act.

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Costs of hearing

18. (1) All costs of and incidental to a hearing before the board shall be in the discretion of the board and may be fixed at a definite amount or may be taxed in accordance with a scale to be prescribed by the board, and the board may order by whom and to whom the costs are to be taxed and allowed.

(2) The board in its discretion may order 1 or more of the parties concerned in a hearing to pay all expenses incurred by the board in connection with that hearing, including the costs of counsel and of employees of the board while they are employed in or about the hearing, or the board may prescribe a fee to be charged instead of those expenses.

(3) Where an order for payment of expenses under subsection (2) is made against 2 or more of the parties concerned in a hearing the board may order the manner in which they are to be apportioned.

(4) The board may require a person who requests a hearing before the board to deposit with the board the estimated costs, charges and expenses of the board incidental to the hearing and where the amount so deposited exceeds the actual costs, charges and expenses the board shall refund the difference to the person.

(5) The costs assessed by the board against the parties to a hearing shall not exceed those necessary to defray the expenses incurred by the board in holding a hearing.

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Operation of vehicle after cancellation, etc.

19. A person, either as principal or by an agent or employee, shall not operate a public service vehicle after the certificate under which the vehicle is operated has expired, been cancelled or during a period of suspension of the certificate.

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Display of plate or sticker on vehicle

20. (1) The holder of a certificate to whom a plate or sticker is issued under subsection 6(3) shall, subject to the Highway Traffic Act attach the plate or sticker to the vehicle in respect of which it is issued in such a manner that it is clearly visible at all times from the highway.

(2) A person shall not deface or alter a plate or sticker, or operate a vehicle which has affixed to it a plate or sticker issued in respect of another vehicle.

(3) A person shall not operate a public service vehicle under the certificate covering the vehicle unless the vehicle has attached to it the plates or stickers issued under section 6 in respect of the vehicle and the other distinctive plate, sticker, marking or sign that may be prescribed by the registrar.

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Operation to comply with certificate

21. (1) Except as exempted by this Act, a person shall not operate a public service vehicle unless the operation of the vehicle conforms with the terms and conditions of the certificate covering the vehicle and with this Act and all orders, rules, regulations and schedules made under this Act and with the Highway Traffic Act and the Dangerous Goods Transportation Act and regulations made under either of those Acts.

(2) A failure to conform to the requirements referred to in subsection (1) is sufficient cause for the suspension or cancellation by the board of the certificate or part of the certificate.

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Rates

22. (1) The holder of a public service freight certificate may file his or her rates with the registrar, shall publish the rates and shall maintain a permanent copy of a contract that varies the published rates.

(2) The holder of a public service passenger certificate shall not charge in excess of the rates that are approved by the board or that are set by the board.

(3) The Lieutenant-Governor in Council may make regulations prescribing

(a) commodities, classes of vehicles or services in respect of which the rates shall be set by the board; and

(b) areas of the province in which the rates set by the board shall be effective.

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Cessation of service

23. (1) A holder of a public service passenger certificate shall not suspend, abandon or discontinue a service provided for in his or her certificate without first obtaining the approval of the board.

(2) Where a certificate holder applies to the board for permission to discontinue a service, the board may conduct whatever investigation it considers necessary and may hold a hearing if in its opinion one is necessary.

(3) Where, after an investigation, including the holding of a hearing, if one is considered necessary by the board, the board may approve a suspension, abandonment or discontinuance of service.

(4) Where the board receives an objection to a proposal of an operator to suspend, abandon or discontinue a service that in the board's opinion provides sufficient grounds for holding a hearing, the board shall set a time and place for the hearing of the application and notify all parties of the time and place of the hearing.

(5) Where the board approves a proposal to suspend, abandon or discontinue a service, either under subsection (3) or after holding a hearing under subsection (4), the board shall publish a notice in the Gazette and in another manner that the board considers appropriate that the proposal to suspend, abandon or discontinue the service has been approved and the notice shall state the date on which the discontinuance becomes effective.

(6) Where the holder of a certificate has been authorized by the board to suspend, abandon or discontinue a service or where the holder's certificate has expired, been suspended or cancelled he or she shall remove from the vehicles formerly operated under that certificate the distinctive plates, stickers, markings or signs that were placed on the vehicle in compliance with this Act.

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Employees to be notified

24. (1) A motor carrier shall inform his or her officers and employees of all regulations and orders made under this Act that pertain to the motor carrier's operations by delivering to those officers or employees a copy of the regulations or orders or by posting up a copy in a conspicuous place where that officer or employee works.

(2) A motor carrier shall do all things necessary to secure observance by his or her officers, agents and employees of this Act and the regulations.

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Duty to accept passengers

25. (1) A driver or operator of a public service vehicle used for the transportation of passengers and for which a certificate has been issued shall not refuse to carry a person offering himself or herself at a regular stopping place on the route of the vehicle or at a terminus of the route, unless at the time of the offer

(a) the seats of the vehicle are fully occupied; or

(b) the person is conducting himself or herself in a boisterous, disorderly or objectionable manner or is using profane or obscene language.

(2) A driver or operator of a public service vehicle used for the transportation of passengers and for which a certificate has been issued authorizing that vehicle to be used for the irregular transportation of passengers shall not refuse to carry a person who requests the service unless at the time of the request

(a) the seats of the vehicle are fully occupied; or

(b) the person is conducting himself or herself in a boisterous, disorderly or objectional manner or is using profane or obscene language.

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Routes

26. The board may specify the route over which a public service passenger vehicle may operate and specify the highway within an area or zone upon which the vehicle may operate.

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Schedules and services

27. The board may fix the schedules and services that shall be observed and provided by the holder of a public service passenger certificate.

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Regulations

28. (1) The Lieutenant-Governor in Council may make regulations

(a) regulating and controlling motor carriers;

(b) prescribing the form and content, and method of verification and certification of content, of forms for the purposes of this Act;

(c) requiring the filing of returns, reports and other information by motor carriers, and the verification and certification of them, and the manner of that verification and certification;

(d) prescribing the time for the doing of anything under this Act or the regulations;

(e) prescribing, for the purposes of paragraph 3(1)(i), a vehicle or class of vehicles the operation of which does not require a certificate;

(f) providing for the issuing and use of vehicle permits and other means of identification and authorization in respect of vehicles covered by certificates;

(g) providing for the furnishing of bonds and other security by motor carriers, and prescribing the form, content, amount and conditions of or applicable to those bonds or other security;

(h) prescribing fees for the purposes of this Act and the regulations;

(i) providing for the authorization of the interchange or leasing of freight vehicles by motor carriers and the terms and conditions respecting that authorization;

(j) providing for the amendment of certificates;

(k) prescribing offences under this Act and prescribing penalties in relation to those offences;

(l) prescribing conditions to be contained in and to become part of agreements entered into by motor carriers in respect of their services or in respect of a class of service;

(m) for the safety, protection, comfort and convenience of the persons availing themselves of the services of motor carriers;

(n) regulating the conduct of drivers of and passengers in public service vehicles;

(o) respecting the obligations and liabilities of motor carriers to the public in regard to the acceptance and carriage of passengers or freight;

(p) respecting the classification of motor carriers, public service vehicles, certificates, freight and passengers;

(q) respecting the issuing of duplicates of certificates and other documents or things authorized by this Act or the regulations;

(r) respecting the financial responsibility of motor carriers;

(s) respecting the maximum number of passengers or the maximum mass of freight, or both, which may be carried by public service vehicles;

(t) respecting the time schedules of motor carriers;

(u) respecting the routes over which and the area within which the holder of a public service passenger certificate may operate;

(v) respecting the rates, fares and charges to be charged by motor carriers and publication of them, and the prohibition of the carrying of passengers or freight on vehicles to which this Act applies without charge;

(w) respecting the hours of work of drivers of public service vehicles;

(x) respecting bills of lading, uniform or otherwise, and the compulsory use of them;

(y) respecting the methods of accounting and the keeping of records of the operation of motor carriers;

(z) providing for the issuing of temporary permits authorizing limited, seasonal, emergency or occasional operation of public service vehicles and the terms and conditions and duration of those temporary permits;

(aa) respecting the solicitation of business by or on behalf of motor carriers by advertising or otherwise;

(bb) respecting the conduct of the business of transportation agents and transportation brokers in relation to public service vehicles;

(cc) respecting the checking of passengers' baggage and limitations on the size, weight and value of that baggage;

(dd) for the effective execution of the duties of the board;

(ee) providing that a regulation shall apply to a class of motor carriers or public service vehicles and providing different regulations for different classes of motor carriers and public service vehicles;

(ff) respecting the inspection of public service vehicles and of their operation;

(gg) prescribing for the purposes of paragraph 3(1)(g), commodities the carriage of which by a vehicle exempts that vehicle from the requirement of having a certificate;

(hh) respecting the operation of ambulances;

(ii) defining words or phrases used in this Act; and

(jj) generally, to give effect to the purpose of this Act.

(2) Notwithstanding the definition of public service vehicle, the Lieutenant-Governor in Council may make regulations under subsection (1) that apply to motor vehicles designed or used for the transportation of passengers or ill or injured persons, where that transportation is not for compensation.

(3) A regulation made under this section may be limited as to time or place or both.

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Segregation of services

29. Where the motor carrier is both a carrier of freight and passengers, the carrier shall segregate those services for the purpose of returns or reports and each kind of service shall be considered a separate and self-contained unit.

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Duty of carrier

30. A motor carrier shall provide service and facilities reasonably safe and adequate and in all respects just and reasonable.

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Information required

31. (1) Where required by the board or the regulations a motor carrier shall provide to the registrar or the board all information required by either and shall make specific answers to all questions submitted and a motor carrier who receives from the registrar a form of return with directions to fill it out shall fill out the return so as to answer each question fully and correctly, and shall deliver it to the registrar within the time prescribed.

(2) Where required by the board or the regulations, a motor carrier shall deliver to the board all documents, books, accounts, papers and records in his or her possession or control relating to his or her property or service or affecting his or her business or verified copies of them, and shall deliver to the registrar complete inventories of his or her property in a form that the registrar may direct.

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Exceeding certificate limits; offence

32. A person who operates a vehicle in respect of which a certificate has been issued over a highway in violation of the provisions of the certificate or in excess of the limits set out in the certificate is guilty of an offence.

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Offence and penalty

33. (1) A person who violates this Act or the regulations or an order of the board or who refuses or neglects to observe or perform a duty or obligation created or imposed by this Act or by a regulation or an order of the board is guilty of an offence, and each day's continuance of the violation, refusal or neglect constitutes a new and distinct offence.

(2) Notwithstanding the Summary Proceedings Act, unless otherwise provided by this Act or the regulations, a person who has been convicted of an offence under this Act or the regulations is liable to a fine of not more than the maximum and not less than the minimum amount prescribed for the offence in the regulations or where no fine is prescribed, to imprisonment for a term not exceeding the maximum and not less than the minimum period prescribed for that offence in the regulations.

(3) A person who has been convicted of an offence under this Act or the regulations for which a penalty has not been specifically provided in this Act or in the regulations is liable

(a) in the case of the 1st offence to a fine of not less than $100 nor more than $500 and in default of payment to imprisonment for a term not exceeding 20 days; and

(b) in the case of a 2nd or subsequent offence within a period of 1 year after the date of the last previous offence to a fine of not less than $500 nor more than $1,000 and in default of payment to imprisonment for a term not exceeding 120 days.

(4) All fines imposed under this Act or the regulations and recovered on summary conviction shall be paid over by the convicting Provincial Court judge to the Consolidated Revenue Fund.

(5) For the purposes of subsections (2) and (3) an offence committed more than 1 year after the date of the last previous offence shall be considered to be a 1st offence.

(6) A person shall not be guilty of an offence under this Act or the regulations by reason only of operating a public service vehicle for compensation on a highway without a certificate or in contravention of a term, condition or restriction attached to a certificate if the person can satisfy the court that the public service vehicle was used in a circumstance amounting to an emergency.

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Violation ticket

34. (1) A complaint may be made and a summons issued by means of a violation ticket in accordance with this section for a violation of this Act or the regulations.

(2) A violation ticket shall contain

(a) the complaint;

(b) the summons; and

(c) those other matters that may be prescribed by the regulations.

(3) The use on a violation ticket of a word or expression prescribed by the regulations to designate an offence under this Act shall be sufficient for all purposes to describe the offence designated by that word or expression.

(4) An inspector shall indicate the offence charged on the violation ticket by placing a mark in the box to the left of the offence charged or if the offence charged does not appear on the violation ticket the inspector shall write the offence in the space provided on the violation ticket.

(5) Upon completing a violation ticket in respect of an offence prescribed by the regulations and signing it, the inspector shall

(a) deliver the violation ticket to the person charged with an offence; and

(b) if the driver of the motor vehicle is not the person to whom the certificate has been issued forward a copy of the violation ticket to the holder of the certificate by registered mail

and delivery of the violation ticket in accordance with this subsection shall be considered to be personal service.

(6) Where the offence is not one set out in the regulations, a summons shall be issued in accordance with the Summary Proceedings Act.

1990 c46 s34

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Powers of board

35. Except where inconsistent with this Act or the regulations the provisions of the Public Utilities Act relating to the constitution, powers, procedures and practices of the board apply to and in respect of the board when acting under this Act.

1990 c46 s35

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Joint hearing

36. The powers and duties of the board with respect to the holding of a hearing under this Act extend to the holding of a hearing jointly with a body constituted under the laws of a jurisdiction outside the province and having substantially similar powers and duties as the board.

1990 c46 s36

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Direction to board

37. (1) The Lieutenant-Governor in Council may by order establish policies to be observed by the board in the exercise of the jurisdiction or authority conferred upon the board by this Act.

(2) Subsection (1) shall not be construed as conferring authority on the Lieutenant-Governor in Council to make an order directed specifically to an application, matter or decision pending before the board.

(3) An order under this section constitutes subordinate legislation for the purposes of the Statutes and Subordinate Legislation Act but, notwithstanding that Act, shall be published in 2 successive editions of the Gazette.

(4) Notwithstanding the Statutes and Subordinate Legislation Act, an order under this section shall have effect from the date of its 2nd publication in the Gazette.

1990 c46 s37

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Inspectors

38. (1) The minister may appoint a person including, with the approval of the Minister of Justice, a member of the Royal Newfoundland Constabulary or the Royal Canadian Mounted Police in the province, to act as an inspector under this Act.

(2) An inspector shall enforce this Act and the regulations and shall take all necessary measures to prevent the operation of a motor vehicle contrary to this Act and the regulations.

(3) A person who fails or refuses to comply with the direction of an inspector or who resists or wilfully obstructs an inspector in the exercise of his or her duties or powers under this Act or the regulations is guilty of an offence.

(4) Where it is reasonably necessary to determine compliance with this Act, an inspector may require the driver of a motor vehicle to stop the vehicle, and may detain, examine and test the vehicle and its contents and equipment.

(5) Where an inspector determines that an owner or operator is acting in contravention of this Act a vehicle detained by the inspector shall remain detained until the owner or operator has complied with this Act.

(6) Where a vehicle is detained under subsection (5) the driver or operator may appeal to a judge of the Trial Division and the judge may make whatever order he or she considers appropriate in the circumstances.

(7) An action or other proceeding does not lie against the board or a member of the board or an officer, agent or employee of the board or an inspector or the registrar or an agent or officer of the registrar for anything done or purporting to be done in good faith under this Act.

(8) A member of the board or an officer, agent or employee of the board or an inspector or the registrar or an agent or officer of the registrar is not required to give testimony in a civil suit with regard to information obtained by him or her in the discharge of his or her official duty.

1990 c46 s38

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Application of Public Utilities Act

39. The provisions of the Public Utilities Act relating to investigations generally, appeals and stated cases shall apply to and in respect of the board, or commissioners of the board, when acting under this Act.

1990 c46 s39

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Inspection of premises

40. An inspector may at all reasonable times, enter upon the business premises of a person or upon the premises where that person's records are kept where it is reasonably necessary to determine compliance with this Act and may inspect, or examine manifests, bills of lading and other records or documents pertaining to goods or freight received or shipped by that person and the person occupying or in charge of that premises shall answer all questions pertaining to those matters and shall produce for inspection manifests, bills of lading and other records or documents that the inspector may request.

1990 c46 s40

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Exclusion from Act

41. The Lieutenant-Governor in Council may exclude a road or area in the province in whole or in part from the provisions of this Act.

1990 c46 s41

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Provisions, etc. additional to other Act

42. The provisions, regulations and orders made by or under this Act shall be in addition to those made by or under the Highway Traffic Act and the Dangerous Goods Transportation Act and nothing in this Act shall be considered to exempt a person or vehicle from the Highway Traffic Act and the Dangerous Goods Transportation Act or the regulations made under either of those Acts.

1990 c46 s42

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Disposition of fees

43. The fees collected by the registrar under this Act shall be paid into the Consolidated Revenue Fund of the province.

1990 c46 s43

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Employer liable

44. In construing and enforcing this Act or a regulation, or an order or a direction of the board, the act, omission or failure of an officer, agent or person acting for or employed by a motor carrier shall, if within the scope of his or her employment, be considered to be the act, omission or failure of the motor carrier.

1990 c46 s44

©Earl G. Tucker, Queen's Printer