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CONSOLIDATED NEWFOUNDLAND AND LABRADOR REGULATION 999/96

Ambulance, Bus, School Bus, Taxi and Commercial
Motor Vehicles Insurance Regulations
under the
Highway Traffic Act
(O.C. 96-166)

Amended by:

94/97
99/06

CONSOLIDATED NEWFOUNDLAND AND LABRADOR REGULATION 999/96

Ambulance, Bus, School Bus, Taxi and Commercial
Motor Vehicles Insurance Regulations
under the
Highway Traffic Act
(O.C. 96-166)

Under the authority of section 77 of the Highway Traffic Act and the Subordinate Legislation Revision and Consolidation Act , the Lieutenant-Governor in Council makes the following regulations.

REGULATIONS

Analysis



Short title

        1. These regulations may be cited as the Ambulance, Bus, School Bus, Taxi and Commercial Motor Vehicles Insurance Regulations.

41/93 s1

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Definitions

        2. In these regulations

             (a)  "accident" includes damage to cargo, containers or their contents;

             (b)  "Act" means the Highway Traffic Act ;

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

             (d)  "certificate of insurance" means a certificate prescribed by the registrar in accordance with subsection 6(2) and filed with the registrar in accordance with these regulations;

             (e)  "gross vehicle mass" means the mass recorded on the vehicle registration and used to determine the registration fees under the Act;

              (f)  [repealed by 94/97 s1]

             (g)  "motor vehicle liability policy" means a motor vehicle liability policy as defined in the Automobile Insurance Act ;

             (h)  "owner" means in relation to a vehicle the person in whose name the vehicle is registered;

              (i)  "passenger" for the purpose of calculating the seating capacity of an ambulance, bus, school bus or taxi includes the driver; and

              (j)  "school contract vehicle" means a passenger vehicle, designed to carry 6 or fewer passengers in addition to the driver, under a contract with a school board to carry children to and from school and school related activities.

41/93 s2; 94/97 s1; 99/06 s1

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Application

        3. These regulations shall apply to every ambulance, bus, school contract vehicle, school bus, taxi and commercial motor vehicle operated in the province whether or not they are operated for hire, gain or reward.

41/93 s3; 99/06 s2

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Insurance required

        4. An owner of an ambulance, bus, school contract vehicle, school bus or taxi shall have and keep in force in relation to it

             (a)  a motor vehicle liability policy containing provisions which insure third parties against loss for amounts not less than the amounts set out in subsection 21(1) of the Automobile Insurance Act ; and

             (b)  a motor vehicle liability insurance policy containing provisions which insure against liability arising out of bodily injury to or the death of or loss or damage to property belonging to a passenger arising from any one accident for the amounts specified in the Schedule exclusive of interest and costs.

41/93 s4; 76.1/95 s1; 99/06 s2

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Commercial motor vehicle insurance

        5. An owner of a commercial motor vehicle other than an ambulance, bus, school contract vehicle, school bus or taxi used for the transport of dangerous goods listed under the Transportation of Dangerous Goods Act (Canada) shall have and keep in force in relation to it a motor vehicle liability insurance policy containing provisions which insure third parties against bodily injury to or the death of a person or for loss of or damage to property of others other than cargo

             (a)  for the amount of $1,000,000; or

             (b)  notwithstanding paragraph (a), for the amount of $2,000,000 where the dangerous goods

                      (i)  are set out in Column 1 of Schedule XII of the Transportation of Dangerous Goods Regulations ( Canada ), or

                     (ii)  require an emergency response plan to be filed with the Director General of the Transport Dangerous Goods Directorate, Transport Canada , under Part VIII of the Transportation of Dangerous Goods Regulations ( Canada ).

41/93 s5; 99/06 s2

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Certificate of insurance

        6. (1) For the purposes of this section "policy" means a motor vehicle liability insurance policy covering a motor vehicle.

             (2)  The registrar may prescribe the form on which a certificate of insurance shall be filed.

             (3)  A certificate of insurance filed with the registrar for the purposes of this section shall be considered to be a conclusive admission by the insurer that a policy has been issued and is in accordance with the terms of the certificate of insurance.

             (4)  The insurer shall sign each certificate of insurance certifying that at the date of issue of the certificate of insurance the policy or policies referred to in the certificate of insurance are in full force and effect and shall show the name and address of the insured and all vehicles to which the policy applies.

             (5)  Every insurer shall notify in writing the registrar of the cancellation or expiration of a policy for which a certificate of insurance has been issued in accordance with this section at least 10 days before the effective date of cancellation or expiration and, in the absence of that notice of cancellation or expiration, the policy shall remain in full force and effect.

             (6)  A person who

             (a)  produces to a traffic officer a certificate of insurance

                      (i)  purporting to show that there is in force a policy that is in fact not in force,

                     (ii)  purporting to show that that person is at that time maintaining in effect proof of financial responsibility as required by these regulations when that is not the case, or

                    (iii)  purporting to show that the person named in the certificate of insurance as the insured is at the time of an accident in which a motor vehicle is directly or indirectly involved insured in respect of loss resulting from that accident and occasioned by the operation or use of that motor vehicle when that is not the case; or

             (b)  gives or loans to a person not entitled to have it a certificate of insurance issued under these regulations,

is guilty of an offence.

41/93 s6; 76.1/95 ss4&5 94/97 s2

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Penalties

        7. (1) A person who contravenes the provisions of these regulations is guilty of an offence and is liable on summary conviction to a fine of not less than $450 nor more than $1,260 or in default of payment of the fine to imprisonment for a period of not less than 15 days nor more than 45 days.

             (2)  Where an offence is committed or continued on more than one day the person who committed the offence is liable to be convicted of a separate offence for each day on which the offence is committed or continued.

41/93 s7

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Repeal

        8. The Highway Traffic (Ambulance, Bus, School Bus, Taxi and Commercial Motor Vehicles) (Insurance) Regulations, 1993, Newfoundland Regulation 41/93, are repealed.

CNR 999/96 s8

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Schedule

Ambulance, Bus, School Contract Vehicle, School Bus and Taxi with seating capacity of

             (a)  1 to 21 - $1,000,000; and

             (b)  22 or more - $2,000,000.

41/93 Table B; 99/06 s3