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CONSOLIDATED NEWFOUNDLAND AND LABRADOR REGULATION 965/96

Motor Carrier Regulations
under the
Motor Carrier Act
(O.C. 95-611)

Amended by:

36/97
4/00
91/01
2001 c42 s45

CONSOLIDATED NEWFOUNDLAND AND LABRADOR REGULATION 965/96

Motor Carrier Regulations
under the
Motor Carrier Act
(O.C. 95-611)

Under the authority of section 28 of the Motor Carrier 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.   Exempted vehicles

       
4.   Forms

       
5.   Fees

       
6.   Application for certificate

       
7.   Compliance of application

       
8.   Review of application

       
9.   Publication of notice

     
10.   Public convenience

     
11.   Request for hearing

     
12.   No request for hearing

     
13.   Notice of hearing

     
14.   Hearing request information

     
15.   Board's decision on hearing

     
16.   Reply to evidence

     
17.   Applicant's evidence

     
18.   Hearing on ambulance service

     
19.   Need for service criteria

     
20.   Irrelevant considerations

     
21.   Existing service adequacy

     
22.   Procedure at hearing

     
23.   Board to evaluate benefits

     
24.   Determination criteria

     
25.   Irrelevant considerations

     
26.   Adequacy of service

     
27.   Merits of application

     
28.   Terms of certificate

   
28.1   Ambulance service rates

     
29.   Condition on certificate

     
30.   Exemption

     
31.   Speciality services

     
32.   Area service

     
33.   Regular passenger service

     
34.   Irregular passenger service

     
35.   Restriction of operation

     
36.   Name on vehicle

     
37.   Identification of vehicle

     
38.   Amendment to certificate

     
39.   Amendment to certificate

     
40.   Identification of ambulance

     
41.   Ambulance compartments

     
42.   Compartment standards

     
43.   Location of door

     
44.   Ambulance interior

     
45.   Ambulance equipment

     
46.   Medical equipment

     
47.   Equipment storage

     
48.   Use of ambulance restricted

     
49.   Mechanical inspection

     
50.   Ambulance repairs

     
51.   Duty of operator

     
52.   Offence

   
52.1   Repeal

     
53.   Repeal


Schedule


Short title

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

64/94 s1

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Definitions

        2. In these regulations

             (a)  "Act" means the Motor Carrier Act ;

             (b)  "ambulance" means a vehicle used or intended to be used for the purpose of transporting persons requiring medical attention or under medical care and that is designed and constructed or equipped for that purpose;

             (c)  "ambulance service" means a service available to the public for the conveyance of persons requiring medical attention or under medical care;

             (d)  "applicant" means a person presenting to or filing an application with the board or causing an application to be so presented or filed on his or her behalf and includes petitioner or complainant;

             (e)  "area" when used to describe a service means the geographical region defined or lying within clearly indicated boundaries within which are contained the localities which a motor carrier is authorized to serve subject to terms and conditions expressly set out in the certificate;

              (f)  "article" where used in a uniform condition of carriage has the same meaning as the word "subsection";

             (g)  "associated corporations" has the same meaning ascribed to this term by subsection 256(1) of the Income Tax Act ( Canada );

             (h)  "baggage" means the travelling bags and personal belongings of passengers but excludes small hand held baggage which is normally carried by or with the passenger;

              (i)  "broker" mans a person who is not the holder of an applicable certificate and who is contracted to perform motor carrier services on behalf of and under the authority of a carrier with an appropriate certificate;

           (i.1)  "bus service" means a service that transports passengers as described in paragraph 4(1)(b) of the Act;

              (j)  "car pool vehicle" means a motor vehicle with a seating capacity of not more than 7 passengers in addition to the driver

                      (i)  while being operated to transport passengers for not more than one return trip per day on a daily basis,

                     (ii)  when the operator of a car pool vehicle does not operate more than one car pool vehicle, and

                    (iii)  where the costs of the vehicle operation are shared on a non-profit basis;

           (j.1)  "certificate" means a certificate to operate a public service vehicle, issued under section 6 of the Act;

             (k)  "clerk" means the clerk of the board;

              (l)  "commissioner" means a member of the board;

            (m)  "general" when used to describe a bus service means the transportation of all passengers, baggage and parcel express not exempted by the Act or these regulations;

             (n)  "inter?corporate carriage" means the transportation of employees on behalf of an affiliated company where ownership is at least 51% controlled by the same shareholders or the affiliated company;

             (o)  "irregular" when used to describe a service means the transportation of passengers, baggage or parcel express at hours, days, weeks or intervals that are not fixed;

             (p)  "local" means the furnishing of general and speciality services unless the certificate otherwise provides

                      (i)  within the locality mentioned in the certificate,

                     (ii)  from the locality mentioned in the certificate to another locality situated within a distance of 60 kilometres from the limits of the locality,

                    (iii)  from one locality to another provided both are located within a distance of 60 kilometres from the limits of the locality mentioned in the certificate, and

                    (iv)  within the limits of a locality located within a distance of 60 kilometres from the limits of the locality mentioned in the certificate;

             (q)  "objector" means a person filing a written request for a hearing under sections 11 and 13;

              (r)  Rep. by 91/01 s1

             (s)  "regular" when used to describe a service means the transportation of passengers or baggage from one point to another or in a round trip at fixed hours, days, weeks or intervals;

              (t)  "restricted" when used to describe a service means the transportation of the passengers, baggage and parcel express as specified in the certificate; and

             (u)  "route" when used to describe a service means the transportation of passengers, baggage and parcel express by way of a designated route from one terminus to another and includes, subject to terms and conditions expressly set out in the certificate, service to intermediate points and service from one intermediate point to another and return services.

64/94 s2; 91/01 s1

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Exempted vehicles

        3. A vehicle is exempt from the provisions of the Act while being used exclusively as a car pool vehicle.

36/97 s1

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Forms

        4. For the purpose of the Act and these regulations the board and the registrar may issue and use the forms as considered necessary, and applications, notices and reports shall be in the form that is prescribed by the board or the registrar.

64/94 s4

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Fees

        5. (1) The fee for an application for a certificate or an amendment to a certificate to authorize additional or extended services is $200.

             (2)  The fee prescribed in subsection (1) is payable upon presentation of an application to the board and is non-refundable.

             (3)  For the purpose of subsection 7(1) of the Act, the registrar may accept an application on behalf of the board.

             (4)  All fees referred to in this section are payable to the Newfoundland and Labrador Exchequer.

64/94 s5; 2001 c42 s45

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Application for certificate

        6. An application for a certificate shall contain or have attached to it

             (a)  a copy of the carrier's safety rating as issued by the registrar;

             (b)  a list of the routes by route number using the official road map of the province or a description of the area in which the proposed services are to be provided with specific reference to towns or settlements bordering the area to be served;

             (c)  particulars of the vehicle to be used to provide the service including type and maximum mass, passenger capacity, and where the vehicle is registered, the motor vehicle plate number;

             (d)  if the applicant is a corporation, a copy of a certificate of good standing or a certificate of incorporation issued under the provisions of the Corporations Act ;

             (e)  a timetable and the fares to be charged if the application is for a bus service;

              (f)  a detailed description of the proposed service or services;

             (g)  the names and addresses of the officers and directors of the applicant if the applicant is a corporation and the names and addresses of the shareholders and the number of shares held by each; and

             (h)  Rep. by 91/01 s2

              (i)  other information which the board considers relevant to the application.

64/94 s6; 91/01 s2

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Compliance of application

        7. Upon the presentation of an application for a certificate for the approval by the board, the board shall consider whether the application complies with these regulations.

64/94 s7

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Review of application

        8. On receiving an application, the board may refer it to its counsel for examination and if it is found to conform to these regulations and to all statutory provisions, the counsel shall report the facts to the board and if it does not so conform, counsel or the board shall advise the applicant of the defects which may then be corrected.

64/94 s8

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Publication of notice

        9. When an application is found to comply with the regulations, the applicant shall publish a notice in the Gazette and shall publish a public notice in another manner as the board directs.

64/94 s9

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Public convenience

     10. (1) Further to subsection 7(2) of the Act, the board must be assured an application meets the requirements of public convenience and necessity before the granting of a certificate for an ambulance service.

             (2)  The board may in its discretion deny the application, grant the certificate in whole or in part, or may set a time and place for the hearing of the application.

             (3)  The board shall notify all parties, including the Department of Health and Community Services, of the time and place of a hearing held under this section.

36/97 s2; 91/01 s3

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Request for hearing

     11. If within 20 days after the publication of the notice of application to operate an ambulance service the board has received a written request that it hold a hearing for the consideration of the application and the board determines that a hearing is necessary under subsection 9(4) of the Act, the board shall set the time and place of a hearing and shall publish a notice in the Gazette at least 10 days before the hearing and in another manner as the board may consider necessary or desirable and a copy of the notice shall be mailed to the applicant or his or her counsel or agent, to the person who requested the hearing and to the Department of Health and Community Services.

91/01 s4

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No request for hearing

     12. If within 20 days after publication in the Gazette of notice of application for a certificate to operate a public service vehicle, the board has not received a written request that it hold a hearing for the consideration of the application, the board shall grant the application.

64/94 s12; 91/01 s5

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Notice of hearing

     13. If within 20 days after the publication of the notice of application for a certificate to operate a bus service, the board has received a written request it hold a hearing for the consideration of the application and where the board determines that a hearing is necessary subject to subsection 9(4) of the Act, the board shall set a time and place for the hearing and shall publish a notice in the Gazette at least 10 days before the hearing and in another manner as the board may consider necessary or desirable and a copy of the notice shall be mailed to the applicant or his or her counsel or agent and to the person who requested the hearing.

64/94 s13; 91/01 s6

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Hearing request information

     14. A written request for a hearing shall contain the following information:

             (a)  the name and address of the person making the request;

             (b)  the name and address of his or her counsel or agent, if any;

             (c)  the name of the applicant;

             (d)  the parts of the application on which the hearing is requested;

             (e)  a written statement setting out in full the reasons why the application should be denied;

              (f)  relevant documentary evidence; and

             (g)  proof of service of notice of the objection on the applicant.

64/94 s14

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Board's decision on hearing

     15. In making its decision as to whether or not a hearing shall be held or whether or not a certificate should be issued, the board may take notice of facts that may be judicially noticed and take notice of facts, information or opinions within its specialized knowledge.

64/94 s15

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Reply to evidence

     16. The board may require the applicant to file a reply to the evidence provided by the objector under section 14 or otherwise direct discovery of the applicant's case within a certain time before the date scheduled for hearing of the application.

64/94 s16

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Applicant's evidence

     17. At a hearing of an application to operate an ambulance service, the board shall first hear the presentation of the applicant's evidence that the proposed service would meet public convenience and necessity.

36/97 s3; 91/01 s7

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Hearing on ambulance service

     18. (1) In determining whether the operation of an ambulance service in respect of which a certificate is sought meets the requirements of public convenience and necessity, the board shall evaluate the benefits and detriments of the proposed service.

             (2)  The application shall be denied when on the balance of probabilities the benefits as offset by the detriments fail to meet the requirement of public convenience and necessity.

36/97 s3

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Need for service criteria

     19. In determining whether or not the operation of an ambulance service in respect of which a certificate is sought would meet the requirements of public convenience and necessity, the board shall take into consideration

             (a)  an objection to the application by a person already providing ambulance facilities whether by highway, water, air or rail on the routes or between the places which the applicant intends to serve on the basis that suitable facilities are, or, if the certificate were issued, would be in excess of requirements for the area;

             (b)  the general effect on other ambulance services and public interest which may be affected by the issuance of the certificate;

             (c)  the quality and permanence of the service to be offered by the applicant;

             (d)  fitness as determined by the safety rating supplied by the registrar;

             (e)  willingness and ability of the applicant to provide proper service; and

              (f)  another matter that in the opinion of the board is relevant or material to the application.

36/97 s3

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Irrelevant considerations

     20. The nationality of ownership or domicile of an applicant are not relevant considerations in the determination of whether or not the proposed ambulance service meets or fails to meet the requirement of public convenience and necessity.

36/97 s3

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Existing service adequacy

     21. The adequacy of existing ambulance service is relevant to the determination as to whether or not the proposed ambulance service meets the requirement of public convenience and necessity.

36/97 s3

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Procedure at hearing

     22. At a hearing of an application to operate a bus service, the board shall first hear the presentation of the objector's evidence that the proposed operation would likely be detrimental to the public interest.

64/94 s22; 91/01 s8

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Board to evaluate benefits

     23. (1) In determining whether a bus service in respect of which a certificate is sought would likely be detrimental to the public interest, the board shall evaluate the benefits and detriments of the operation to the public interest.

             (2)  An application will be denied only when the detriments to the public interest outweigh the benefits.

64/94 s23; 91/01 s9

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Determination criteria

     24. In determining whether or not a bus service in respect of which a certificate is sought would likely be detrimental to the public interest

             (a)  the board shall give primary emphasis to the interests of users of transportation services, whether those services are provided by the operation or not, and in so doing may consider the effect of the operation upon

                      (i)  the availability of adequate services to all users in all communities,

                     (ii)  the availability of price and service options, innovative services and responsiveness of the industry to user demand or service requirements,

                    (iii)  the productivity and efficiency of users,

                    (iv)  transport costs,

                     (v)  the level of competition and market concentration and the likelihood of abuses of market power,

                    (vi)  the likelihood of abuse of price or service discrimination,

                   (vii)  the safety of passengers and other users of the highway as affected by the operation, and

                  (viii)  another matter the board considers relevant to the interests of users of transportation services; and

             (b)  subject always to the requirement to give primary emphasis to the interest of users, the board may also consider the effect of the operation upon

                      (i)  the stability, dependability and viability of the transportation industry and its infrastructure,

                     (ii)  the operations of persons who object to the issue of the certificate sought, except that the mere diversion of revenue or traffic shall not be considered to be in and of itself detrimental to the public interest,

                    (iii)  the operational efficiency of the applicant for the certificate,

                    (iv)  the economic or social development of the province or a region of the province including the net impact on employment and productivity in all industry sectors,

                     (v)  international and interprovincial trade, and

                    (vi)  other matters the board considers relevant to the public interest.

64/94 s24; 91/01 s10

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Irrelevant considerations

     25. The nationality of ownership or domicile of an applicant are not relevant considerations in the determination of whether or not the bus service would likely be detrimental to the public interest.

64/94 s25; 91/01 s11

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Adequacy of service

     26. The adequacy of existing service is not relevant to the determination of whether or not the operation of the bus service would likely be detrimental to the public interest.

64/94 s26; 91/01 s12

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Merits of application

     27. The board shall not consider the cumulative effect of pending applications but shall consider each application on its own merits.

64/94 s27

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Terms of certificate

     28. The board either previous to or at the time of the issue of a certificate may fix or approve as terms of the certificate

             (a)  the class of service which the motor carrier is authorized to furnish;

             (b)  the route over which and the area within which each class of service is authorized;

             (c)  the frequency of each service;

             (d)  timetables showing the time of departure from and arrival at the terminal and the time of passing named points on routes upon which buses are to be operated;

             (e)  the rates, tolls, fares or charges to be levied by the motor carrier for a bus service, except an ambulance service; and

              (f)  particulars of conditions, limitations or restrictions relating to the certificate or to operations under the certificate.

64/94 s28; 4/00 s1; 91/01 s13

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Ambulance service rates

   28.1 (1) A motor carrier operating an ambulance service shall charge the rates established by the Minister of Health and Community Services.

             (2)  The board shall fix as a term of the certificate of a motor carrier operating an ambulance service, whether the certificate is issued before or after the coming into force of these regulations,

             (a)  the rates established by the Minister of Health and Community Services; and

             (b)  a requirement that a motor carrier shall not provide service without charging a person requiring medical attention or under medical care the rate established by the Minister of Health and Community Services.

             (3)  Nothing in this section precludes the Minister of Health and Community Services from establishing a mileage subsidy, an attendant fee and an operating grant to be paid to a holder of a certificate to operate an ambulance service.

4/2000 s2

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Condition on certificate

     29. (1) Every certificate issued to a corporation, certificate holder, shall be subject to the condition that no transfer of the beneficial ownership of a share of the capital stock of the certificate holder nor the issuance of a new share of the capital stock of the certificate holder nor a change of the control of the operations of the certificate holder shall occur without the approval of the board.

             (2)  An application for the approval of the board under this section shall contain or have attached to it the following information:

             (a)  the number of shares to be transferred, the name, address and occupation of both the transferor and the transferee;

             (b)  the number of new shares to be issued and the name, address and occupation of the person to whom the shares are to be issued;

             (c)  the nature of the change in the control of the operations of the certificate holder;

             (d)  a statement of the purpose for the change indicated by paragraphs (a), (b) and (c);

             (e)  if the transferee whom the shares are to be issued is a corporation, the names and addresses of the directors, officers and shareholders; and

              (f)  other information which the board considers relevant to the application.

             (3)  Upon the consideration of an application under this section, the board may grant that interim order as it sees appropriate pending its final decision.

             (4)  The board may grant an approval required by this section notwithstanding that the approval of the board was not sought and obtained before or at the time of a transfer or issuance of a share or a change of the control of the operations of the certificate holder.

             (5)  Where a certificate of a certificate holder contains, at the time of commencement of this regulation, a condition or restriction relating to the transfer or issuance of shares of the certificate holder or a change of the control of the operations of the certificate holder, the condition or restriction shall, from the date of commencement of these regulations, be revoked and this section shall apply to the certificate.

             (6)  Upon the request of the board, the certificate holder shall file (a) through (f) and additional information as the board may require

             (a)  the name and address of the certificate holder;

             (b)  the amount of the capital of the certificate holder and the number of shares into which it is divided;

             (c)  the number of shares issued from the time of the incorporation of the certificate holder to the date specified in the request of the board;

             (d)  the names and addresses of the directors and officers of the certificate holder;

             (e)  the names, addresses and occupations of the shareholders of the certificate holder and the number of shares held or transferred by each; and

              (f)  the names, addresses and occupations of those who have ceased to be shareholders during the reporting period and the number of shares held or transferred by each.

64/94 s29

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Exemption

     30. (1) The board may exempt a certificate holder from the application of section 29, subject to the conditions as the board may prescribe, where the shares of the certificate holder are listed on a stock exchange.

             (2)  The board may remove an exemption granted under this section where the shares of the certificate holder are no longer listed on a stock exchange.

64/94 s30

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Speciality services

     31. All speciality services are restricted services.

64/94 s31

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Area service

     32. A motor carrier authorized to furnish an area service shall

             (a)  maintain the service distinct from another service he or she is authorized to furnish;

             (b)  furnish service throughout the whole area; and

             (c)  not limit the service to a route or routes within the area.

64/94 s32

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Regular passenger service

     33. (1) A motor carrier certified to operate a bus service shall provide the service in accordance with the time schedule fixed or approved by the board regardless of the number of passengers or the quantity of baggage requiring transportation and in accordance with the conditions and at the tariff rates set out in the certificate.

             (2)  The motor carrier shall provide equipment and facilities reasonably equal to that which is required.

64/94 s33; 91/01 s14

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Irregular passenger service

     34. A motor carrier certified to operate an irregular service shall transport passengers, baggage or parcel express requiring transportation to the extent of his or her available equipment and in accordance with the conditions and at the tariff rates set out in the certificate.

64/94 s34; 91/01 s15

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Restriction of operation

     35. Subject to the other provisions of these regulations, the certificate issued to a motor carrier may restrict the motor carrier to operate the type of motor vehicle described in the certificate to provide the services designated in the certificate.

64/94 s35; 91/01 s16

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Name on vehicle

     36. (1) Every motor carrier who operates a public service vehicle shall paint or otherwise affix on both sides of each vehicle in easily read letters of not less than 5 centimetres in height and in 2 lines the following information:

             (a)  the name of the motor carrier certificate holder; and

             (b)  the motor carrier certificate number.

             (2)  A motor carrier shall maintain the markings required by this section free from foreign materials and in a condition to be clearly visible.

64/94 s36

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Identification of vehicle

     37. (1) The plates or stickers referred to by section 6 of the Act shall be the identification plates for commercial vehicles prescribed by the Highway Traffic Act and a vehicle having valid registration and bearing these identification plates is considered to be properly licensed under these regulations.

             (2)  Notwithstanding subsection (1), a person shall not operate or allow to be operated a vehicle for a service for which a certificate has been granted by the board without both a copy of the certificate and a copy of the proof of insurance required by the Ambulance, Bus, School Bus, Taxi and Commercial Motor Vehicles Insurance Regulations .

64/94 s37

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Amendment to certificate

     38. (1) An application by a motor carrier for approval of an amendment to his or her certificate to authorize additional or extended services, routes or areas shall be presented in the same manner as other applications to the board.

             (2)  When the application for amendment of a certificate is found to comply with these regulations, the board shall require the applicant to publish in the Gazette, and in another manner as the board directs, a public notice of the application for amendment and the board shall deal with the application in the manner prescribed for dealing with applications as set out in these regulations.

64/94 s39

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Amendment to certificate

     39. An application by a motor carrier for approval of an amendment to his or her certificate to authorize the abandonment or discontinuance of a service or the reduction of authorized services, routes, areas or amendments to timetables or rates, or for the approval of another amendment not referred to in subsection 38(1), may be heard by the board unilaterally and without public notice or hearing unless otherwise ordered by the board.

64/94 s40

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Identification of ambulance

     40. (1) Notwithstanding section 36, each motor carrier who operates an ambulance

             (a)  shall paint his or her ambulance white with a solid orange band around the base of the vehicle and another solid orange band around the middle of the vehicle, both of not more than 30 centimetres nor less than 15 centimetres in width as may be appropriate to the design of the vehicle;

             (b)  shall paint the word "ambulance" in the colour orange measuring at least 75 centimetres in length by 8 centimetres in height above, below or as part of the coloured band around the middle of the vehicle so as to be on a white background once on the rear and in mirror image on the front; and

             (c)  shall paint in a contrasting colour the telephone and motor carrier certificate number of the operator in 3 lines and in letters at least 5 centimetres in height on each side of the motor vehicle.

             (2)  In addition to the requirements set out in subsection (1), an operator may elect to have a vertical stripe or stripes on the rear of the vehicle of the same dimensions as in paragraph (1)(a) as appropriate to the design of the vehicle with a combined width not to exceed 30 centimetres.

36/97 s4; 91/01 s17

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Ambulance compartments

     41. (1) Every ambulance shall be divided by a partition into 2 compartments

             (a)  a compartment for the person or persons being transported; and

             (b)  a compartment for the driver.

             (2)  The partition mentioned in subsection (1) shall contain a sliding door or walk through opening that permits a person to go from one compartment to the other.

36/97 s4

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Compartment standards

     42. The compartment in an ambulance that is used for transporting persons shall

             (a)  be fully insulated in the ceiling and walls and soundproof;

             (b)  have minimum internal dimensions of at least 250 centimetres in length by 150 centimetres in width at the base of the windows by 130 centimetres in height;

             (c)  have drapes or frosted glass on the side windows of the ambulance;

             (d)  allow for the accommodation of 2 stretcher patients or one stretcher patient and 2 sitting patients;

             (e)  accommodate at least one upholstered attendant's seat located at the head of the main ambulance cot and facing the rear of the ambulance; and

              (f)  have an electrical system controlled independently from that of the remainder of the ambulance.

36/97 s4

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Location of door

     43. (1) Each ambulance shall have

             (a)  a door located at the rear of the ambulance measuring 113 centimetres in height by 113 centimetres in width; and

             (b)  a door located at the side of the ambulance measuring 113 centimetres in height by 75 centimetres in width.

             (2)  Each of the doors mentioned in subsection (1) must give access to the compartment in the ambulance reserved for the persons being transported.

36/97 s4

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Ambulance interior

     44. Every motor carrier who operates an ambulance shall ensure that the ambulance

             (a)  has a non-skid surface of easy maintenance covering the steps and floor of the compartment reserved for the persons being transported;

             (b)  is equipped with straps and fasteners anchored to the floor and walls to ensure immobilization of the stretcher and the safety and comfort of all persons being transported; and

             (c)  has a temperature regulation control and a ventilation control to maintain a minimum temperature of 20° Celsius for all seasons with a heater separate from that in the driver compartment and a power exhaust in the ceiling of the compartment used to transport persons.

36/97 s4

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Ambulance equipment

     45. Every ambulance operated in the province shall be equipped with the following:

             (a)  at least 2, 15 centimetre dome lights in the ceiling of the compartment reserved for persons transported;

             (b)  an easily accessible storage space for equipment and linens;

             (c)  a wall-mounted cabinet for medical supplies with not less than 0.1 m3 storage space;

             (d)  an I.V. hook in the ceiling of the patient compartment or an I.V. pole near the head of the stretcher;

             (e)  at least one flashing or rotating red light containing at least 2 sealed beam units mounted on the roof;

              (f)  flashing red lights located at each corner of the roof;

             (g)  a flood light mounted over the rear door;

             (h)  an intermittent hooter or a siren;

              (i)  2 A B C class dry chemical fire extinguishers of 1.23 kilograms capacity approved by the Provincial Fire Commissioner;

              (j)  at least one spare wheel and tire accessible without having to move the stretchers;

             (k)  2 tire chains;

              (l)  2 battery operated hand lanterns each with a sealed reflector measuring at least 7.5 centimetres in diameter;

            (m)  2 roadside flares or reflectors;

             (n)  one spade;

             (o)  one pry bar approximately 120 centimetres in length; and

             (p)  one piece of rope measuring at least 5 metres in length and 2 centimetres in thickness.

36/97 s4

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Medical equipment

     46. Every ambulance shall be equipped with the following medical equipment:

             (a)  one multi-level ambulance cot with waterproof covered mattress and restraint belts;

             (b)  one folding stretcher with restraint belts;

             (c)  oxygen equipment including

                      (i)  at least 2 cylinders size 5, old type E, with a capacity of not less than 670 litres or 25 cubic feet, under pressure of at least 13.79 MPa or 2000 pounds per square inch,

                     (ii)  one regulator and one flowmeter per cylinder,

                    (iii)  9 face masks of assorted sizes suitable for the administration of oxygen to children and adults and capable of delivering controlled low, medium and high concentration of oxygen, and

                    (iv)  face masks will consist of 3 in one type adult, 3 venturi type paediatric and 3 venturi type adult,

and oxygen cylinders referred to in subparagraph (i) shall be replaced by fully pressurized cylinders when the pressure lowers to 4.83 MPa or 700 pounds per square inch and at least one cylinder shall be full before every patient call;

             (d)  suction apparatus

                      (i)  a portable suction apparatus, and

                     (ii)  a fixed suction apparatus;

             (e)  a resuscitator, for example, a self-inflating bag type with non-sticking valve, Ambu bag;

              (f)  2 fracture boards - one spinal type 180 centimetres by 40 centimetres and one neck type 85 centimetres by 45 centimetres;

             (g)  a splint set, cardboard, plastic or inflatable;

             (h)  one lower limb traction apparatus, Thomas splint;

              (i)  a bed pan, a urinal and an emesis basin;

              (j)  2 airways, one adult and one child;

             (k)  2 positioning sandbags weighing 1.8 kilograms each;

              (l)  bandages

                      (i)  6 kling type - 2.5 centimetres wide,

                     (ii)  6 kling type - 7.5 centimetres wide,

                    (iii)  6 kling type - 15 centimetres wide, and

                    (iv)  12 triangular slings;

            (m)  sterile dressings

                      (i)  24 gauze pads 10 centimetres by 10 centimetres,

                     (ii)  12 pressure pads, Department of National Defence field dressings or equivalent type, and

                    (iii)  6 eye pads;

             (n)  3 rolls of fresh adhesive tape in 2.5, 5 and 7.5 centimetres widths;

             (o)  bandage scissors, one for each operator;

             (p)  utility or household scissors;

             (q)  25 large safety pins;

              (r)  deodorant spray, for example, Lysol, San Vieno;

             (s)  splinter and dressing tweezers in sterile condition;

              (t)  adhesive dressings assorted sizes, band-aid;

             (u)  4 blankets;

             (v)  4 cotton sheets or the equivalent;

            (w)  2 plastic sheets or the equivalent;

             (x)  2 pillows; and

             (y)  4 linen pillow cases and 2 plastic pillow cases.

36/97 s4

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Equipment storage

     47. Every motor carrier who operates an ambulance shall ensure that

             (a)  all objects and items of equipment not in use shall be firmly attached or stored in closed compartments; and

             (b)  fluid containers used in the ambulance are made of a pliable material.

36/97 s4

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Use of ambulance restricted

     48. (1) A motor carrier who operates an ambulance may not use or permit the use of an ambulance for a purpose not directly related to providing ambulance services.

             (2)  Notwithstanding subsection (1), where the services of a funeral director are unavailable, a motor carrier who operates an ambulance service may use or permit the use of an ambulance for purposes of an autopsy at the request of a medical officer or a police officer.

36/97 s4

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Mechanical inspection

     49. Every motor carrier who operates an ambulance service shall at least once every 6 months, at intervals of not less than 150 days apart, cause each ambulance used in his or her ambulance service to be inspected by an authorized mechanic appointed under the Highway Traffic Act and immediately forward a copy of the inspection certificate to the registrar.

36/97 s4

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Ambulance repairs

     50. Where an inspection made under section 49 discloses that an ambulance is not mechanically fit, the motor carrier shall ensure that the ambulance is not used until all repairs required to render it mechanically fit have been made.

36/97 s4

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Duty of operator

     51. Every motor carrier who operates an ambulance shall maintain every ambulance in his or her ambulance service and the equipment required by these regulations

             (a)  in a safe mechanical condition;

             (b)  in a clean and sanitary condition; and

             (c)  in proper working order.

36/97 s4

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Offence

     52. Under subsection 33(2) of the Act, a person who has been convicted of an offence under the Act or these regulations is liable to a fine of not more than the maximum nor less than the minimum fine prescribed by the Schedule for that offence and in default of payment of the fine to imprisonment for not more nor less than the days specified in the Schedule.

64/94 s88

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Repeal

   52.1 As required by Newfoundland Regulations 162/95, sections 10, 11, 17 through 21, 40 through 51 and the offenses associated with sections and subsections 40(1)(a) through 51 in Schedule A shall stand repealed on April 1, 1997 .

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Repeal

     53. The Motor Carrier Regulations, 1994, Newfoundland Regulation 64/94, are repealed.

 

 

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Schedule

Penalties

 

 

 

 

Penalty

Section & subsection of Act

Offence

A fine of not more than the dollar amounts specified

In default of payment of fine imprisonment for not more or less than the days specified

 

 

 

Max.

Min.

Max.

Min.

 

4(1)(a)

Operating a public service vehicle

500

100

25 days

5 days

4(2)

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

500

100

25 days

5 days

12(1)

Selling, assigning, leasing or transferring a certificate

1000

200

50 days

10 days

15(2)

Failing to designate and maintain a person as an agent

200

50

10 days

2 days

15(3)

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

100

25

5 days

1 day

19

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

500

100

25 days

5 days

21(1)

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

250

75

14 days

3 days

22

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

250

75

14 days

3 days

23(1)

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

250

75

14 days

3 days

23(6)

Failure to remove distinctive plates, stickers or signs from vehicle

150

50

7 days

2 days

24(1)

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

100

25

5 days

1 day

25

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

250

75

14 days

3 days

30

Failing to furnish safe and adequate service or facilities

500

50

25 days

2 days

31

Failing to furnish information to the registrar or the board

500

25

25 days

1 day

Section of Regulation

 

 

 

 

 

32(b)

Failing to furnish service throughout the area authorized

250

50

10 days

2 days

33

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

500

100

25 days

5 days

34

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

250

75

10 days

3 days

35

Operating type of vehicle other than that described in certificate

500

100

25 days

5 days

36(1) & (2)

Name and certificate number of certificate holder not painted or otherwise affixed to both sides of vehicle in a condition clearly visible

150

25

5 days

1 day

37(2)

Operating a public service vehicle without a copy of certificate or a copy of proof of insurance, or both, being carried in the vehicle

200

50

10 days

2 days

40(1)(a)

Vehicle colour other than that authorized

250

75

10 days

3 days

40(1)(b)

Ambulance sign and measurements other than that authorized

75

25

3 days

1 day

40(1)(c)

Name, telephone number, or certificate number not painted on vehicle

75

25

3 days

1 day

41(2)

Vehicle not equipped with sliding door or walk through opening

200

50

10 days

2 days

46

Operating ambulance vehicle without adequate equipment

200

50

10 days

2 days

47

Operating ambulance vehicle without adequate medical equipment

500

100

25 days

5 days

48(1)

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

200

50

10 days

2 days

49

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

250

75

10 days

3 days

51

Failing to maintain ambulance in a safe and sanitary condition

250

100

10 days

5 days

64/94 Sch; 162/95 ss3&7; 36/97 s5

(Corrections printed on September 13, 1996, February 28, 1997 and March 14, 1997 have been included in this copy.)