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CONSOLIDATED NEWFOUNDLAND AND LABRADOR REGULATION 1007/96

Licensing and Equipment Regulations
under the
Highway Traffic Act
(O.C. 96-211)

Amended by:

46/97
47/99
65/04
96/06
47/09
89/09
50/12

CONSOLIDATED NEWFOUNDLAND AND LABRADOR REGULATION 1007/96

Licensing and Equipment Regulations
under the
Highway Traffic Act
(O.C. 96-211)

Under the authority of section 195 of the Highway Traffic Act and the Subordinate Legislation Revision and Consolidation Act , the Lieutenant-Governor in Council makes the following regulations.

REGULATIONS

Analysis


       
1.   Short title

       
2.   Definitions

     
2.1   Interpretation

     
2.2   Application

     
2.3   Out-of-service criteria - commercial vehicle

       
3.   Licensing

       
4.   Identification plates

       
5.   Sale of motor vehicle or trailer

       
6.   Markers

     
6.1   Motor vehicle requirements

     
6.2   Fuel tank filler inlet

     
6.3   Removal or modification prohibited

     
6.4   Maintenance and installation of device or replacement

     
6.5   Filler cap

       
7.   Equipment required

       
8.   Lighting systems

       
9.   Motorcycle equipment

     
10.   Tail lamps

     
11.   Stop lamps

     
12.   Turn signal systems

     
13.   Clearance lamps

     
14.   Identification lamps

     
15.   Reflex reflectors

     
16.   Side marker lamps

     
17.   Hazard lamps

     
18.   Backup lamps

     
19.   Parking lamps

   
19.1   Lamps and circuits - commercial vehicle

     
20.   Dusk and dawn conditions

     
21.   Other lights

     
22.   Bicycle or tricycle

     
23.   Horsedrawn wheeled carriage or sleigh

     
24.   Spot lamps

     
25.   Brakes

   
25.1   Application

   
25.2   Hydraulic brake requirements - commercial vehicle

   
25.3   Mechanical components of brakes - commercial vehicle

   
25.4   Hydraulic system - commercial vehicle

   
25.5   Power-boosted hydraulic brakes - commercial vehicle

   
25.6   Air-boosted hydraulic brakes - commercial vehicle

   
25.7   Vacuum gauge and warning device - commercial vehicle

   
25.8   Parking brake - commercial vehicle

   
25.9   Emergency brake system - commercial vehicle

 
25.10   Service brakes - commercial vehicle

 
25.11   Brake drums, discs, and pads - commercial vehicle

 
25.12   Engine controls - commercial vehicle

 
25.13   Power-boosted steering - commercial vehicle

 
25.14   Steering column and box - commercial vehicle

 
25.15   Wheel alignment - commercial vehicle

 
25.16   Steering linkage - commercial vehicle

 
25.17   Suspension - commercial vehicle

 
25.18   Air suspension system - commercial vehicle

     
26.   Tires and wheels

     
27.   Tires for harsh conditions

     
28.   Studded tires

   
28.1   Fifth wheel coupling device - commercial vehicle

     
29.   Exhaust system

   
29.1   Exhaust system - commercial vehicle

     
30.   Horn

     
31.   Excessive smoke

     
32.   Windshield, defrosting and heating systems

     
33.   Windshield replacement

   
33.1   Windshield and windows - commercial vehicle

   
33.2   Mirrors

   
33.3   Sun visor - commercial vehicle

   
33.4   Seats - commercial vehicle

     
34.   Television sets

   
34.1   Overhead package shelves - commercial vehicle

     
35.   Bumpers

   
35.1   Bumpers - commercial vehicle

   
35.2   Mudguards and fenders

     
36.   Front opening hoods

   
36.1   Hood and cab latches - commercial vehicle

     
37.   Hinged doors

   
37.1   Occupant compartment door - commercial vehicle

   
37.2   Exterior compartment door - commercial vehicle

     
38.   Window glazing

     
39.   Trailers

   
39.1   Hitches - commercial vehicle

     
40.   Horse drawn sleigh

     
41.   Speedometer

   
41.1   Lubrication - commercial vehicle

   
41.2   Chassis frame and underbody - commercial vehicle

   
41.3   Drive shaft - commercial vehicle

   
41.4   Neutral safety starting switch - commercial vehicle

     
42.   Inspecting and testing vehicles

   
42.1   Inspection - carrier or commercial vehicle

   
42.2   Entry by inspector - carrier's place of operation

     
43.   Maintenance of equipment

   
43.2   Repairs, maintenance and records - commercial vehicle

     
44.   Operation of motorcycle

     
45.   Slow moving vehicles

     
46.   New motor vehicles sales

     
47.   In-cab controls

     
48.   Sale of mobile homes or RVs

     
49.   Sale of new tires

     
50.   Rep. by 50/12 s55

   
50.1   Inconsistent provisions

   
50.2   Offences

     
51.   Repeal


Short title

        1. These regulations may be cited as the Licensing and Equipment Regulations .

145/86 s1

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Definitions

        2. In these regulations

             (a)  "beam of light" means the reflected rays of light which are projected approximately parallel to the optical axis of the reflector;

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

             (c)  "catalytic converter" means a device through which exhaust from a motor is passed in order to prevent or lessen the emission of a contaminant and which device would be impaired in its functioning by the use of leaded gasoline as a fuel for operation of the motor;

             (d)  "commercial vehicle" means

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

                     (ii)  a bus,

                    (iii)  a school bus,

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

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

             (e)  "curb mass" in relation to a vehicle means the actual mass of the vehicle when unladen but including the body, batteries, loose tools, spare wheels and other usual equipment and a full supply of water and fuel used for the purpose of propulsion;

              (f)  "exhaust system" includes manifolds;

             (g)  "height" in relation to a lamp means the perpendicular distance between the centre of the lamp and the level of the ground upon which the motor vehicle to which the lamp is attached is standing when the vehicle is not loaded;

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

              (i)  "light duty motor vehicle" means a motor vehicle having a gross vehicle weight of 2,720 kilograms or less but does not include motor cycles;

              (j)  "Out-of-service criteria" means the Commercial Vehicle Safety Alliance, North American Standard, Vehicle Out-of-Service Criteria, Part II, as amended;

             (k)  "service brake" means a foot brake used as the primary device to control or stop the movement of a vehicle;

              (l)  "tell-tale lamp" means a lamp that gives a clear and unmistakable indication to the driver of the motor vehicle in which it is installed

                      (i)  in relation to headlamps, that the headlamps of the vehicle are emitting an upper beam of light, and

                     (ii)  in relation to a lamp type turn signal system, that the system is operating; and

            (m)  "tire chains" means iron, plastic or steel link chains designed to fit and fasten over motor vehicle tires and providing more effective or adequate traction for the wheels of a motor vehicle in conditions of snow or ice than is provided by conventional summer tires.

50/12 s1

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Interpretation

      2.1 These regulations do not preclude or exempt an owner or a carrier from compliance with or performance of another mandatory inspection required under the Act or another regulation made under the Act.

50/12 s2

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Application

      2.2 These regulations apply to vehicles and commercial vehicles, except where the context otherwise requires.

50/12 s3

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Out-of-service criteria - commercial vehicle

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

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

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

50/12 s4

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Licensing

        3. (1) Where a dealer files with the registrar security that is satisfactory to the registrar, the registrar may authorize that dealer to issue

             (a)  a temporary licence to the owner of a motor vehicle who has

                      (i)  completed and given to the dealer an application for the licence of the vehicles, and

                     (ii)  paid to the dealer the fee prescribed by the minister for the transfer of the licence; or

             (b)  identification plates or markers and a temporary permit to the owner of a motor vehicle who has

                      (i)  completed and given to the dealer an application for licensing the vehicles, and

                     (ii)  paid to the dealer the fee prescribed by the minister for licensing the vehicles; and

             (c)  Rep. by 65/04 s1

             (2)  A dealer who under subsection (1) issues

             (a)  a temporary permit shall

                      (i)  complete the temporary permit and give it to the owner of the vehicle, and

                     (ii)  within 10 days after issuing that permit, send the application and fee referred to in subsection (1) to the registrar; and

             (b)  an identification plate or marker and a temporary permit shall

                      (i)  complete the temporary permit,

                     (ii)  record the necessary information in the spaces provided on the marker,

                    (iii)  give the identification plates or markers and the temporary permit to the owner of the vehicle, and

                    (iv)  within 10 days after issuing that plate or marker and that permit, send the application and fee referred to in subsection (1) to the registrar.

             (3)  A temporary permit issued under this section shall expire 120 days after the date of issue by the dealer.

             (4)  Where a person pays the prescribed fee for registration at a bank, that registration shall be considered to be valid for 40 days from the date of payment of that fee.

145/86 s3; 65/04 s1; 96/06 s1; 89/09 s1

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Identification plates

        4. (1) The registrar may issue with every dealer's licence the number of identification plates that he or she considers necessary for each dealer's business.

             (2)  A dealer to whom identification plates have been issued in accordance with subsection (1) shall maintain control of the plates and protect them from loss or theft.

             (3)  The registrar or a person designated by him or her shall audit a dealer at that dealer’s place of business to

             (a)  determine the security of the licence plates, markers and completed registration forms; and

             (b)  account for and determine the security of the fees collected under section 3.

             (4)  A dealer shall, upon receipt of a written request from the registrar or his or her designate, immediately return to the registrar all fees collected under section 3 and licence plates, markers and registration forms provided to the dealer by the registrar.

             (5)  The registrar may suspend the vehicle registration privileges of a dealer who does not comply with subsection (2) or (4).

145/86 s4; 96/06 s2; 89/09 s2

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Sale of motor vehicle or trailer

        5. (1) Where a licence is issued in respect of a motor vehicle or trailer that vehicle or trailer shall not be offered for sale by a service, municipality, department or representative referred to in section 17 except to another service, municipality, department or representative until the licence and identification plates issued in respect of that vehicle or trailer have been returned to the registrar.

             (2)  On receipt of the licence and identification plates referred to in subsection (1) the registrar shall immediately cancel that licence.

145/86 s5

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Markers

        6. (1) The markers that the registrar is empowered to issue by virtue of section 34 of the Act shall be in a distinctive form.

             (2)  The owner of a vehicle to whom markers referred to in subsection (1) are issued shall display one marker on each identification plate issued in respect of that vehicle in the manner described in the instructions issued with those markers.

145/86 s6; 89/09 s3

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Motor vehicle requirements

      6.1 A light duty motor vehicle of a model year subsequent to 1988 or if originally manufactured with pollution control equipment offered for sale, on display for sale, sold or used in the province subsequent to the commencement of these regulations, must be equipped with a device in good working order to reduce the emission of hydrocarbons, carbon monoxide and oxides of nitrogen to the atmosphere.

263/86 s8

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Fuel tank filler inlet

      6.2 A motor vehicle manufactured with a catalytic converter incorporated as part of a system to prevent or lessen the emission of a contaminant shall include as part of the system a fuel tank filler inlet that

             (a)  allows the insertion of a nozzle spout terminal end that has an outside diameter not greater than 21.34 millimetres;

             (b)  has a restriction preventing the insertion of a nozzle spout terminal end that has an outside diameter greater than 23.62 millimetres; and

             (c)  is designed to pass not more than 700 millilitres of fuel into the tank when introduction of fuel is attempted from a nozzle referred to in paragraph (b).

50/12 s5

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Removal or modification prohibited

      6.3 A person may not remove or modify or allow to be removed or modified a device installed in a motor vehicle to reduce or eliminate the emission of a contaminant into the environment or in the case of a motor vehicle equipped with a catalytic converter modify or allow to be modified the opening of the fuel tank or pour leaded gasoline in it.

263/86 s11

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Maintenance and installation of device or replacement

      6.4 In respect of a motor vehicle manufactured with a device to prevent or lessen the emission of a contaminant, the device or a replacement

             (a)  shall be maintained and kept in such a state of repair that it is capable of performing the function for which it is intended; and

             (b)  shall be kept installed on, attached to or incorporated in the motor vehicle in such a manner that when the motor vehicle is operating, the device functions in the manner in which it was intended to function.

263/86 s12

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Filler cap

      6.5 In a fuel system, a filler cap shall not be missing or insecure.

50/12 s6

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Equipment required

        7. (1) A person shall not operate a vehicle upon a highway during the period from one-half hour before sunset to one-half hour after sunrise or when, because of insufficient light or unfavourable atmospheric conditions, persons or vehicles on a highway are not clearly discernible at a distance of 150 metres unless the lamps required by these regulations to be affixed to the vehicle are lighted.

             (2)  Notwithstanding subsection (1), where a vehicle is equipped with fog lamps mounted on opposite sides of the front of the vehicle, lighted fog lamps may be used in addition to lighted low beam headlamps when there is fog to an intensity rendering disadvantageous the use of only low beam headlamps.

             (3)  A motor vehicle may be equipped with not more than 2 fog lamps affixed at the front at a height lower than that of the headlamps but not lower than a level of 30 centimetres below the headlamps.

             (4)  A fog lamp affixed to a vehicle shall be adjusted so that its beam of light at a distance of 7.5 metres from the lamp is not higher than a level of 10 centimetres below the level of the centre of the lamp.

             (5)  A person shall not park a vehicle upon a highway unless the lamps affixed to it, other than the parking lamps and tail lamps, are extinguished, dimmed or depressed.

             (6)  A motor vehicle, other than a motorcycle, shall be equipped with either one or 2 headlamps on each side of the front of the motor vehicle.

             (7)  A motorcycle shall be equipped with at least one but not more than 2 headlamps that shall be lighted at all times when the vehicle is in motion upon the highway.

             (8)  A headlamp shall be mounted at a height of not less than 60 centimetres and not more than 1.4 metres above ground level.

             (9)  Height limitation referred to in subsection (8) shall not apply to highway construction, maintenance and snow clearing equipment so designed and constructed as to prevent compliance with that limitation.

          (9.1)  A headlamp on a motor vehicle shall be properly aligned.

          (9.2)  A headlamp shutter or retracting headlamp on a motor vehicle shall operate over the full range of movement or shall be secured in the fully open position.

           (10)  A person shall not operate on a highway a vehicle equipped

             (a)  with a headlamp that will emit any but white light;

             (b)  with a shield or cover that will reduce the output of light from the headlamps; and

             (c)  with a headlamp having a lamp source that will emit light exceeding the vehicle manufacturer's original equipment specifications unless the lamp source is approved by the minister and unless the lamp is used and adjusted in accordance with conditions set out in writing by the minister.

145/86 ss7.1&7.2; 50/12 s7

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Lighting systems

        8. (1) The headlamps and auxiliary lamps of a motor vehicle, other than a motorcycle, shall be so arranged that the driver may select lamps capable of emitting

             (a)  an upper beam of light which, regardless of the load on the motor vehicle, will reveal a person or vehicle at a distance of 100 metres; and

             (b)  a lower beam of light that, regardless of the load on the motor vehicle, will reveal a person or vehicle at a distance of 30 metres but the high intensity portion of that beam shall not strike the eye of an oncoming driver,

and, except in the case of a motor vehicle manufactured before January 1, 1940 , the lighting system shall include an upper beam tell-tale lamp.

             (2)  The driver of a motor vehicle equipped with a lighting system referred to in subsection (1) shall, while operating that vehicle on a highway, control the lighting system so that the lamps emit only the lower beam of light

             (a)  when within 150 metres of an oncoming vehicle; and

             (b)  except when overtaking and passing a vehicle when the motor vehicle follows another within 150 metres,

and at all other times, persons and vehicles on the highway will be rendered visible from a distance sufficient to enable the motor vehicle to be driven in safety.

145/86 s7.3

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Motorcycle equipment

        9. A motorcycle on a highway

             (a)  shall be equipped with headlamps so arranged that when the motorcycle is travelling at a speed of less than 40 kilometres a hour a white light will be emitted to reveal a person or vehicle at a distance of 30 metres and when the motorcycle is travelling at a speed of 40 kilometres a hour or more, white light will be emitted to reveal a person or vehicle at a distance of 60 metres;

             (b)  notwithstanding paragraph (a), may be equipped with a lighting system where the driver of the motorcycle may select an upper or a lower beam of light but, where the motorcycle is so equipped, the system must conform with the requirements of subsection 8(1) except in relation to a tell-tale lamp; and

             (c)  unless a motorcycle is equipped with a lighting system that is referred to in subsection 8(1), the headlamps of the motorcycle shall be affixed and directed so that when the motorcycle is loaded, none of the high intensity portion of the beams of light emitted by the headlamps is at a distance of 7.5 metres from the lamps higher than the height of the lamps.

145/86 s7.4; 50/12 s8

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Tail lamps

      10. (1) Except where provided in subsection (2), a motor vehicle, trailer, semi-trailer and a vehicle drawn behind or the last of a series of vehicles drawn behind a vehicle shall be equipped with 2 tail lamps affixed to the rear as widely spaced laterally as is practical which will emit red light visible from a distance of 150 metres to the rear.

             (2)  Every motorcycle, moped and farm tractor shall be equipped with at least one tail lamp mounted at the rear of the vehicle which will emit red light visible from a distance of 150 metres to the rear.

             (3)  A tail lamp shall be affixed to a vehicle at a height of not less than 38 centimetres and not more than 1.9 metres.

             (4)  A vehicle shall be equipped so that the rear licence plate will be illuminated by white light emitted from the tail lamp or separate lamp so that in darkness the licence plate is legible from a distance of 15 metres.

             (5)  When the load upon or an integral part of a vehicle operated on a highway projects to the rear more than 1.5 metres beyond the bed or body of the vehicle, there shall be displayed at the extreme rear of the load or integral part of the vehicle, whichever projects the farther

             (a)  at a time between one-half hour before sunset and one-half hour after sunrise, a lamp emitting only red light visible for a distance of 150 metres to the rear of the vehicle; and

             (b)  at other times, a red flag or cloth not less than 30 centimetres square visible to the driver of a vehicle to the rear of it.

             (6)  Subsections (1) and (2) do not apply to an implement of husbandry and subsection (3) does not apply to highway construction, maintenance and snow clearing equipment so designed and constructed as to prevent compliance with that limitation.

145/86 s7.5

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Stop lamps

      11. (1) A person shall not sell, offer for sale or operate on a highway

             (a)  a motorcycle, moped or farm tractor manufactured and assembled before December 31, 1958 , unless it is equipped with one stop lamp; and

             (b)  a motor vehicle, other than a motorcycle, moped or farm tractor manufactured and assembled after December 31, 1958 , unless it is equipped with not less than 2 stop lamps.

             (2)  A trailer or other vehicle shall be equipped with 2 stop lamps.

             (3)  A stop lamp affixed to a vehicle

             (a)  shall be affixed at the rear of the vehicle or the rear-most vehicle in a train of vehicles at a height of not less than 38 centimetres and not more than 1.9 metres, and shall include a centre mounted auxiliary stop lamp installed by the manufacturer;

             (b)  shall, upon application of the service brake, emit only red light visible from a distance of 250 metres to the rear of the vehicle in normal sunlight; and

             (c)  may be incorporated in another lamp.

             (4)  Subsection (2) does not apply to an implement of husbandry and paragraph (a) in relation to height of lamp does not apply to highway construction, maintenance and snow clearing equipment so designed and constructed as to prevent compliance with that limitation.

145/86 s7.6

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Turn signal systems

      12. (1) A person shall not sell, offer for sale or operate on a highway

             (a)  a motor vehicle or trailer manufactured or assembled before January 1, 1971, unless it is equipped with turn signal lamps or mechanical turn signal devices; and

             (b)  a motor vehicle or trailer manufactured or assembled after January 1, 1971 , unless it is equipped with turn signal lamps used for the purpose of indicating turns that comply with the requirements of the Act.

             (2)  Subsection (1) does not apply to a motorcycle manufactured or assembled before October 1, 1973 , moped, farm tractor, traction engine or implement of husbandry or a trailer that is less than 76 centimetres in overall width.

             (3)  A lamp type turn signal system shall

             (a)  consist of 2 lamps affixed at the front of the vehicle and 2 lamps affixed at the rear of the vehicle and be of the manufacture and so affixed and maintained that the lamps affixed at the front will, at a rate of not less than 60 times and no more than 120 times in each minute and at which rate the filaments of the lamp will brighten fully, emit flashes of white or amber light visible from a distance of 90 metres in normal sunlight and that the lamps affixed at the rear will emit, at the same rate and at which rate the filaments of the lamps will brighten fully, flashes of red or amber light visible from a distance of 250 metres in normal sunlight;

             (b)  include a tell-tale lamp;

             (c)  be affixed at the point where each side of the vehicle meets the front and rear of the vehicle in such a way that none of the lamp is affixed to the roof of the vehicle or at a height of not less than 38 centimetres and not more than 2.1 metres; and

             (d)  in the case of a motorcycle manufactured or assembled after October 1, 1973 , the left lamp is clearly visible from the left side and the right lamp clearly visible from the right side.

             (4)  A mechanical turn signal system when in use during darkness shall be illuminated by light or reflection and be visible from a distance of 90 metres.

             (5)  Nothing in this section requires a truck tractor to be equipped with lamps to indicate an intention to turn on the rear of the tractor if the lamps that are located at or near the front of the tractor are of double face construction and are located so that they meet the visibility requirements set out in subsection (3).

             (6)  Paragraph (3)(c) does not apply to highway construction, maintenance and snow clearing equipment so designed and constructed as to prevent compliance with those limitations.

145/86 s7.7

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Clearance lamps

      13. (1) A motor vehicle or trailer that is 2.05 metres or more in overall width including any load shall be equipped with 2 am ber clearance lamps on the front of the motor vehicle or trailer and 2 red clearance lamps on the rear of the motor vehicle or trailer.

             (2)  The clearance lamps required by subsection (1) shall be located so as to indicate the overall width of the motor vehicle, trailer or load and be

             (a)  as close to the top of the motor vehicle, trailer or load as practicable;

             (b)  at the same height and symmetrically arranged about the vertical centre line of the motor vehicle or trailer; and

             (c)  visible at night from a distance of 150 metres under normal atmospheric conditions.

             (3)  Notwithstanding subsection (2), the front clearance lamps on a truck tractor may be located so that they indicate the width of the cab.

             (4)  A boat trailer less than 6 metres in overall length, including the tongue, is considered to comply with subsections (1) and (2) where it is equipped with a clearance lamp on each side of the trailer that emits an amber light to the front and red light to the rear and is located so that it indicates the overall width of the boat and trailer.

             (5)  Nothing in this section requires a truck tractor to be equipped with rear clearance lamps.

             (6)  This subsection does not apply to an implement of husbandry.

145/86 s7.8

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Identification lamps

      14. (1) A motor vehicle that is 2.05 metres or more in overall width including any load shall be equipped with 3 am ber identification lamps on the front of the motor vehicle and 3 red identification lamps on the rear of the motor vehicle.

             (2)  The lamps referred to in subsection (1) shall be located symmetrically about the motor vehicle centre line in a horizontal row as close as practicable to the top of the vehicle so that the lamp centres are not less than 15 centimetres or greater than 30 centimetres apart.

             (3)  A trailer that is 2.05 metres or more in overall width including any load shall be equipped with 3 red identification lamps on the rear of the trailer that comply with the requirements of subsection (2).

             (4)  This section does not apply to a motor vehicle or trailer that was manufactured before January 1, 1971 , and was not equipped with the lamps referred to in this section at the time it was manufactured.

             (5)  Nothing in this section requires a truck tractor to be equipped with rear identification lamps.

             (6)  Identification lamps shall be capable of emitting light visible from a distance of 150 metres in normal darkness.

             (7)  This subsection does not apply to an implement of husbandry.

145/86 s7.9

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Reflex reflectors

      15. (1) A motor vehicle or a trailer shall, on each side, be equipped with

             (a)  one amber side reflex reflector as close to the front of the motor vehicle or trailer, exclusive of the trailer tongue, as is practicable;

             (b)  one red side reflex reflector as close to the rear of the motor vehicle or trailer as is practicable; and

             (c)  where the motor vehicle or trailer is greater than 9.2 metres in length, one amber intermediate side reflex reflector at or near the midpoint of the motor vehicle or trailer.

             (2)  A motor vehicle or a trailer shall be equipped with

             (a)  where the motor vehicle or trailer is less than 0.8 metres in overall width, one red rear reflex reflector on the rear of the motor vehicle or trailer that is mounted permanently on a rigid part of the motor vehicle or trailer, other than glazing, and on the vertical centre line of it; or

             (b)  where the motor vehicle or trailer is 0.8 metres or greater in overall width, one red rear reflector mounted permanently on a rigid part of the motor vehicle or trailer, other than glazing, on each side of the vertical centre line at the same height above the ground and as close as practicable to the vertical edge of the rear of the motor vehicle or trailer.

             (3)  The reflex reflectors required by subsections (1) and (2) shall be

             (a)  located so that the distance between the centre of the reflector and ground level is not less than 0.4 metres or more than 1.6 metres when the motor vehicle or trailer is unloaded;

             (b)  visible at a distance of 150 metres in normal darkness when the high beam of a motor vehicle is shone directly towards them; and

             (c)  mounted so that its axis is as parallel as is practicable to the longitudinal axis of the vehicle and so that its aiming plane is vertical in relation to that axis of the vehicle.

             (4)  Paragraph (1)(a) does not apply to a trailer that is less than 183 centimetres in length including the trailer tongue.

             (5)  Paragraph (1)(b) does not apply to a truck tractor.

             (6)  Notwithstanding subsection (3), the reflex reflectors required by subsection (2) may, on a truck tractor, be mounted on the back of the cab not less than 10 centimetres above the top of the rear tires or more than 1.6 metres above ground level when the truck tractor is unloaded.

             (7)  This section does not apply to an implement of husbandry, moped, or traction engine or a motorcycle manufactured or assembled before January 1, 1971 .

145/86 s7.10

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Side marker lamps

      16. (1) A motor vehicle or trailer manufactured on or after January 1, 1971 , shall be equipped on each side with

             (a)  one amber side marker lamp as close to the front of the motor vehicle or trailer, exclusive of the trailer tongue, as is practicable;

             (b)  one red side marker lamp as close to the rear of the motor vehicle or trailer as is practicable; and

             (c)  where the motor vehicle or trailer is greater than 9.2 metres in length, one amber intermediate side marker lamp at or near the midpoint of the motor vehicle or trailer and the lamps shall be located not less than 0.4 metres above ground level when the motor vehicle or trailer is unloaded.

             (2)  Notwithstanding subsection (1), a motor vehicle or trailer that is greater than 9.2 metres in length and was manufactured before January 1, 1971 , shall be equipped so that it complies with the requirements of that subsection.

             (3)  Paragraph (1)(a) does not apply to a trailer that is less than 183 centimetres in length including the trailer tongue.

             (4)  Paragraph (1)(b) does not apply to a truck tractor.

             (5)  This section does not apply to an implement of husbandry, motorcycle, moped or traction engine.

145/86 s7.11

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Hazard lamps

      17. (1) A motor vehicle required to be equipped with lamps in accordance with subsection 12(1) shall be equipped with vehicle hazard lamps that, when activated, all flash simultaneously.

             (2)  Subsection (1) does not apply to a vehicle manufactured before January 1, 1971 , and that was not originally equipped with a vehicle hazard warning lamp system.

             (3)  A trailer that is being towed by a motor vehicle to which subsection (1) applies shall be equipped with vehicle hazard warning lamps showing to the rear and flash simultaneously with each other and with the vehicle hazard warning lamps of the towing vehicle.

145/86 s7.12

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Backup lamps

      18. (1) A vehicle may be equipped with not more than 2 backup lamps affixed to the rear of the vehicle each of which will emit white light and no lamp source shall be of a higher power than that with which the vehicle was originally equipped by the manufacturer.

             (2)  A backup lamp shall not be lighted while the motor vehicle is in forward motion.

145/86 s7.13

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Parking lamps

      19. A motor vehicle may be equipped with not more than 2 parking lamps affixed at the front which will emit only white or amber light and no lamp shall have a lamp source of a higher power than that with which the vehicle was originally equipped by the manufacturer.

145/86 s7.14

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Lamps and circuits - commercial vehicle

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

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

50/12 s9

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Dusk and dawn conditions

      20. (1) A person shall not operate, park or leave a vehicle, other than a motor vehicle, trailer, semi-trailer, bicycle, motorcycle or moped on a roadway or shoulder of a highway during the period from one-half hour before sunset until one-half hour after sunrise unless the vehicle is equipped with 2 lamps affixed in a conspicuous position on the roadway side of the vehicle approximately over a straight line joining the front and the rear wheels one emitting only a white or amber light visible from a distance of 150 metres from the front and a red light visible from a distance of 150 metres to the rear.

             (2)  A bus or taxi may be equipped with signs having letters not more than 20 centimetres in height and illuminated by diffused white light.

145/86 s7.15

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Other lights

      21. (1) A motor vehicle may not be equipped with a lamp capable of casting a red light visible from the front or a white light visible from the rear of the vehicle, except that

             (a)  an emergency vehicle and a motor vehicle of the Emergency Measures Organization may be equipped with 2 red flashing or revolving lamps for use, in the case of an emergency vehicle, in the circumstances specified in section 123 of the Highway Traffic Act and in the case of a motor vehicle of the Emergency Measures Organization, when responding to, but not when returning from, an emergency call or alarm; and

             (b)  a school bus shall be equipped with red flashing lights in accordance with the Bus Regulations for use in the circumstances specified by section 137 of the Act.

             (2)  A motor vehicle may not be equipped with a flashing or revolving lamp capable of emitting coloured light and mounted on the roof or cabin of the vehicle except that

             (a)  a motor vehicle equipped with a sandspreading device and a traction engine while being used for the removal of snow from a highway or engaged in highway maintenance shall be equipped with a lamp producing intermittent flashes of blue light visible for a distance of 150 metres;

             (b)  a motor vehicle equipped with a sandspreading device or a traction engine engaged in plowing snow from the highway may be equipped with a white light attached to the rear of the vehicle which will illuminate the roadway but shall not project a beam of light more than 5 metres on the roadway, to the rear of the vehicle;

             (c)  a towing and wrecking vehicle shall be equipped with not more than 2 amber revolving or flashing lamps that shall be operated when that vehicle is stopped on a highway rendering assistance to a disabled vehicle and when engaged in towing a disabled vehicle on a highway;

             (d)  a truck tractor, when towing a trailer or other vehicle with an overall width of vehicle and load in excess of 2.6 metres and operating under a permit issued by the minister, shall be equipped with not more than 2 flashing or revolving lamps which shall be operated at all times when that vehicle is proceeding on a highway; and

             (e)  the minister may issue a permit for the equipping and operation of distinguishing lamps to emit coloured light other than blue or red light on a vehicle when, in his or her opinion, the equipping and operation of that distinguishing lamp is necessary for the safe operation on a highway of such a vehicle or for the safe movement of a load or object which is to be preceded by that vehicle.

             (3)  Notwithstanding subsection (2),

             (a)  a police vehicle;

             (b)  a vehicle owned by the federal government and operated by the Department of Fisheries and Oceans and a vehicle owned by the provincial government and under the control of an enforcement officer while engaged in the enforcement of the Fisheries Act and regulations under that Act;

             (c)  a vehicle owned by the provincial government and a vehicle owned by the federal government and operated by Parks Canada, while engaged in enforcement of the Highway Traffic Act and the regulations under that Act;

          (c.1)  a vehicle owned by the provincial government and under the control of an enforcement officer while engaged in enforcement of the Endangered Species Act , the Forestry Act , the Motorized Snow Vehicles and All-Terrain Vehicles Act , the Wild Life Act or regulations made under one of those statutes;

             (d)  a vehicle owned by the federal government and operated by the Department of Environment Canada and a vehicle owned by the provincial government and under the control of an enforcement officer while engaged in enforcement of the Migratory Birds Convention Act and regulations under that Act; and

             (e)  a vehicle owned by the St. John’s Port Corporation and operated by the Enforcement Division of that Corporation while engaged in enforcement of the Corporation By-laws and Traffic Regulations,

may be equipped with flashing or revolving lamps capable of emitting a blue or red light and mounted on the roof or cabin of the vehicle.

145/86 s7.16; 170/90 s1; 47/99 s1; 65/04 s2

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Bicycle or tricycle

      22. A bicycle or tricycle, when in motion on a highway later than one-half hour before sunset and earlier than one-half hour after sunrise, shall be equipped with a lamp which shall cast a white light on the road in front and either a red lamp so fastened as to be clearly visible from the rear or a reflector so placed as to reflect the headlights of vehicles approaching from the rear.

145/86 s7.17

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Horsedrawn wheeled carriage or sleigh

      23. A horsedrawn wheeled vehicle or sleigh in motion on a highway during the period one-half hour before sunset to one-half hour after sunrise shall be equipped with a lamp affixed to the left side of the vehicle casting a white light to the front and a red light to the rear.

50/12 s10

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Spot lamps

      24. (1) A motor vehicle may be equipped with not more than 2 spot lamps.

             (2)  Every spot lamp shall be directed when in use so that

             (a)  no portion of its beam of light will strike the roadway more than 30 metres ahead of the vehicle; or

             (b)  the top of its beam of light will not strike the roadway more than 30 metres ahead of the vehicle.

             (3)  A person shall not use on a vehicle on a highway a spot lamp having a lamp source capable of emitting light exceeding 32 candelas, unless the lamp source is approved by the minister and unless the spot lamp is used and adjusted in accordance with conditions set out in writing by the minister and those spot lamps will extinguish when high or low beam headlamps are activated.

             (4)  The provisions of this subsection do not apply to an emergency vehicle or to a vehicle of the Emergency Measures Organization.

145/86 s7.19

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Brakes

      25. (1) A person shall not operate on a highway a motor vehicle other than a motorcycle or moped unless it is equipped with

             (a)  an adequate service brake; and

             (b)  an adequate emergency or parking brake.

             (2)  Each wheel of a motorcycle, moped or self-propelled implement of husbandry shall be equipped with an adequate service brake.

             (3)  Every person driving a motor vehicle on a highway shall on request of a police officer or an inspector appointed under the Act

             (a)  permit the officer to inspect and test the brakes with which the motor vehicle is equipped and for that purpose to operate the vehicle; or

             (b)  at the option of the officer, operate the motor vehicle as directed by the officer for the purpose of the inspection and testing of the brakes.

             (4)  Where the service brake on a motorcycle, moped or an implement of husbandry is not capable of bringing the vehicle to a standstill in a straight line

             (a)  within 12 metres from the point at which the brake was applied while the vehicle is loaded to its full capacity and moving;

             (b)  on a level surface consisting of dry paving of asphalt or concrete free from loose materials; and

             (c)  at a speed of 30 kilometres an hour,

the service brakes of the vehicle shall be considered inadequate.

             (5)  Where the service brakes on a motor vehicle, other than a motor vehicle referred to in subsection (4) or a combination of vehicles, are not capable of bringing the vehicle or combination of vehicles to a standstill in a straight line

             (a)  within a distance of 10 metres from the point at which the brakes were applied while the vehicle or combination of vehicles is loaded to its full capacity and moving;

             (b)  on a level surface consisting of dry paving of asphalt or concrete free from loose materials; and

             (c)  at a speed of 30 kilometres per hour,

the service brakes of the motor vehicle or combination of vehicles shall be considered inadequate.

             (6)  The emergency or parking brake on a motor vehicle or combination of vehicles

             (a)  where capable of bringing the motor vehicle or combination of vehicles to a standstill

                      (i)  within a distance of 16 metres from the point at which the brake was applied when the brake is applied while the motor vehicle or combination of vehicles is loaded to its full capacity and moving,

                     (ii)  on a level surface of dry paving of asphalt or concrete free from loose materials, or

                    (iii)  at a speed of 30 kilometres per hour,

shall be considered inadequate; and

             (b)  shall be capable of holding the motor vehicle or combination of vehicles at a standstill while they are fully loaded and facing up or down a 20% grade.

             (7)  All brakes shall be maintained in good working order and shall be adjusted so that the brake pressure on the wheels on each side of the vehicle is as nearly as possible equal.

             (8)  Notwithstanding anything contained in this subsection, an axle configuration as described in the Vehicle Regulations shall be equipped with brakes on all wheels of the configuration.

             (9)  A person shall not drive or operate a vehicle on a highway unless the brake tubing and brake hose installed on the vehicle

             (a)  will not, upon proper application, impede or adversely affect the operation of the brakes;

             (b)  are of such length and flexibility that no wear or damage results from the normal movement of the parts of the vehicle to which they are attached;

             (c)  are effectively secured against chafing, kinking or other injury; and

             (d)  in the case of a vehicle equipped with a vacuum braking system, unless the vacuum brake, engine manifold connection is at least 9.5 millimetres in diameter.

           (10)  A person shall not drive or operate a vehicle on a highway unless the linings of the brakes of the vehicle are of that manufacture and design and so installed and maintained that they are of a thickness adequate for the safe and reliable operation of the brakes and that they are not subject to excessive fading or grabbing.

           (11)  A bicycle shall be equipped with at least one brake capable of controlling the movement of and stopping the bicycle.

145/86 s8

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Application

   25.1 Sections 25.2 to 25.18 apply to a commercial vehicle.

50/12 s11

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Hydraulic brake requirements - commercial vehicle

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

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

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

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

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

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

50/12 s12

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Mechanical components of brakes - commercial vehicle

   25.3 Mechanical components of a brake system shall not be misaligned, insecure, excessively worn, broken, seized, missing, frayed or disconnected.

50/12 s13

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Hydraulic system - commercial vehicle

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

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

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

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

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

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

with heavy foot force applied to the service brake pedal.

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

50/12 s14

Power-boosted hydraulic brakes - commercial vehicle

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

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

50/12 s15

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Air-boosted hydraulic brakes - commercial vehicle

   25.6 (1) In this section, air brakes means air-boosted hydraulic brakes or full air brakes.

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

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

             (4)  With the engine running at a fast idle, the time required to build air pressure on air brakes from 344 to 621 kilopascals shall not exceed 3 minutes.

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

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

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

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

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

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

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

50/12 s16

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Vacuum gauge and warning device - commercial vehicle

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

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

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

50/12 s17

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Parking brake - commercial vehicle

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

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

50/12 s18

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Emergency brake system - commercial vehicle

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

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

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

50/12 s19

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Service brakes - commercial vehicle

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

50/12 s20

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Brake drums, discs, and pads - commercial vehicle

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

50/12 s21

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Engine controls - commercial vehicle

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

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

50/12 s22

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Power-boosted steering - commercial vehicle

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

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

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

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

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

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

50/12 s23

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Steering column and box - commercial vehicle

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

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

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

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

50/12 s24

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Wheel alignment - commercial vehicle

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

50/12 s25

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Steering linkage - commercial vehicle

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

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

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

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

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

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

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

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

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

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

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

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

50/12 s26

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Suspension - commercial vehicle

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

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

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

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

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

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

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

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

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

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

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

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

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

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

50/12 s27

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Air suspension system - commercial vehicle

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

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

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

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

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

50/12 s28

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Tires and wheels

      26. (1) For the purpose of this section

             (a)  "bead" means the part of tire made of steel wires, wrapped or reinforced of ply cords, that is shaped to fit a rim;

             (b)  "bias ply tire" means a pneumatic tire in which the ply cords that extend to the beads are laid at alternate angles substantially less than 90° to the centre line of the tread;

             (c)  "carcass" means the structure of a tire except tread and sidewall rubber;

             (d)  "cord" means the strands forming the plies in a tire;

             (e)  "groove" means the space between 2 adjacent tread ribs of a tire;

              (f)  "ply" means a layer of rubber coated parallel cords;

             (g)  "radial ply tire" means a pneumatic tire in which the ply cords which extend to the beads are laid at substantially 90° to the centre line of the tread;

             (h)  "retread tire" is a tire produced by the application of new rubber to a used pneumatic tire for the purpose of restoration of the tread or rebuilding of the tire and it may be a tread only or tread and sidewall;

              (i)  "rim" means a metal support for a tire or a tire and tube assembly upon which the tire beads are seated;

              (j)  "sidewall" means the portion of a tire between the tread and the bead;

             (k)  "sidewall separation" means the parting of the rubber compound from the cord in the sidewall;

              (l)  "tire" includes a spare tire mounted on a rim;

            (m)  "tread" means that portion of a tire that comes into contact with the road;

             (n)  "tread depth" means the distance measured in the major tread groove nearest the centre line of the tire from the base of the groove to the top of the tread;

             (o)  "tread rib" means a tread section running circumferentially around the tire; and

             (p)  "tread separation" means the parting of the tread from the carcass of a tire.

          (1.1)  For the purpose of subsection (4.1), "construction type" means a type of tire carcass such as bias ply, belted-bias and radial ply and does not include variations in tread pattern or in cord material such as rayon, polyester and nylon used in building a tire carcass.

             (2)  A person shall not

             (a)  operate a vehicle with a mixture of construction types consisting of radial ply on the front and bias or belted bias tires on the rear; or

             (b)  operate a vehicle having a gross or curb mass in excess of 4,500 kilograms with a mixture of radial and bias ply tires on one axle or on a tandem drive axle configuration.

             (3)  Paragraph (2)(a) does not apply to a vehicle fitted with dual rear tires or to a temporary spare tire.

             (4)  A person shall not operate a motor vehicle with an undersize or overloaded tire mounted on a rim or with a tire so mounted and exhibiting the following conditions:

             (a)  a cord break or air leak;

             (b)  tread damage including cracks, cuts or snags in excess of 25 millimetres in any direction and deep enough to expose the cords;

             (c)  sidewall cracks, scuffs, cuts or snags to the extent that the cords are damaged or exposed;

             (d)  bumps, bulges or lumps related to tread or sidewall separation or partial failure of the tire structure including the bead area;

             (e)  regrooved or recut treads, except tires identified by the word "REGROOVABLE" moulded in by the manufacturer;

              (f)  flat tire on any assembly;

             (g)  an area worn to a point where 2 consecutive tread wear indicators contact the road in any 2 adjacent grooves;

             (h)  in the case of a motor vehicle or trailer with a registered maximum gross mass or curb mass of 4,500 kilograms or less worn to a point where less than 1.5 millimetres of tread depth remains and in the case of a motor vehicle or trailer with a registered maximum gross mass or curb mass in excess of 4,500 kilograms worn to a point where less than 3 millimetres of tread depth remains.

          (4.1)  Tire pressures of tires on commercial vehicles shall be maintained at manufacturer's specifications and the following standards apply to commercial vehicles:

             (a)  a front tire shall not have been altered by the addition of material to produce a new tread surface;

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

             (c)  notwithstanding paragraph (2)(b), a combination of construction types or sizes, except where stated to be equivalent by tire industry standards, shall not be fitted on an axle;

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

             (e)  a commercial vehicle shall not be fitted with a tire that

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

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

             (5)  A person shall not operate a motor vehicle with a rim or wheel that

             (a)  is bent, cracked or otherwise damaged; or

             (b)  has missing, loose, mismatched or defective wheel studs, bolts, clamps, nuts, lugs or locking ring.

             (6)  A person shall not operate a commercial vehicle with a cast wheel that shows evidence of excessive wear in the clamp area.

145/86 s9; 50/12 s29

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Tires for harsh conditions

      27. A person shall not operate a motor vehicle on a highway when there is snow or ice on the surface of the highway unless

             (a)  in the case of a vehicle where the driving power is transmitted from the engine to the rear wheels, those rear wheels are fitted with tires specifically designed and designated by the manufacturer as mud and snow tires, or tire chains; and

             (b)  in the case of a vehicle where the driving power is transmitted from the engine to the front wheels, those front wheels are fitted with tires specifically designed and designated by the manufacturer as mud and snow tires, or tire chains.

145/86 s10

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Studded tires

      28. (1) A person shall not operate on a highway between May 1 and October 31, both days inclusive, in a year, a vehicle equipped with a rubber tire having metal studs (studded tires) without a permit issued under subsection (3).

             (2)  Notwithstanding subsection (1), the minister may by proclamation vary the dates set out in that subsection restricting the use of studded tires.

             (3)  The minister or his or her designate may, by permit, allow the operation of an unladen vehicle equipped with studded tires where the vehicle cannot reasonably be equipped with another tire and the movement is, in the minister's opinion, necessary.

148/93 s1; 50/12 s30

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Fifth wheel coupling device - commercial vehicle

   28.1 (1) A fifth wheel shall be securely fastened to a commercial vehicle.

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

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

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

50/12 s31

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Exhaust system

      29. (1) A motor vehicle propelled by an internal combustion engine shall be equipped with an exhaust system consisting of a series of pipes or chambers which ensures that the exhaust gases from the engine are cooled and expelled without excessive noise.

             (2)  A person shall not drive or operate a motor vehicle propelled by an internal combustion engine with a muffler

             (a)  that is cut out, disconnected from the engine or is defective;

             (b)  from which has been removed a baffle plate or other part;

             (c)  the exhaust outlet of which has been opened or widened; and

             (d)  to which is attached a device which increases the noise of the expulsion of the gases from the engine or allows a flame to be emitted from the exhaust system.

145/86 s12

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Exhaust system - commercial vehicle

   29.1 (1) On a commercial vehicle

             (a)  an exhaust pipe, muffler or tail pipe shall not be missing or insecurely mounted;

             (b)  leakage shall not occur at any point in an exhaust system except through drain holes provided by the manufacturer;

             (c)  a component of an exhaust system shall not pass through the occupant compartment; and

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

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

50/12 s32

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Horn

      30. A motor vehicle shall be equipped with an efficient, securely fastened horn which the driver shall sound wherever it is reasonably necessary to notify pedestrians or others of the approach of the vehicle.

50/12 s33

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Excessive smoke

      31. The driver of a motor vehicle shall not permit any unreasonable amount of smoke to escape from the motor vehicle.

145/86 s14

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Windshield, defrosting and heating systems

      32. (1) A motor vehicle other than a motorcycle, moped or antique motor vehicle that is equipped with a windshield shall be equipped with a windshield wiper and washer system that will clean moisture, road splash and other opaque material from the outside windshield glazing surface.

             (2)  The windshield wiper system required under subsection (1) shall include a wiper arm and blade assembly that shall sweep the area intended by the vehicle manufacturer.

             (3)  A motor vehicle other than a motorcycle, moped or antique motor vehicle that is equipped with a windshield shall be equipped with a defrosting and defogging system.

             (4)  The defrosting and defogging system required under subsection (3) shall deliver heated air that will clean moisture and frost from the inside of the windshield and, if fitted, from the side windows to the left and right of the driver's seat.

             (5)  Notwithstanding subsection (1), the operator of an antique motor vehicle that is equipped with a windshield shall ensure that, while the antique vehicle is being operated on a highway, it is equipped, when weather conditions require, with a self-operating or manual windshield wiper system.

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

50/12 s34

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Windshield replacement

      33. Every motor vehicle, to which a windshield was fitted by the manufacturer, shall be so equipped and a person shall not replace a windshield or other windows unless the replacement glass complies with the original manufacturer's specifications.

145/86 s16

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Windshield and windows - commercial vehicle

   33.1 Safety glass in a windshield or window of a commercial vehicle shall

             (a)  not have exposed sharp edges; and

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

50/12 s35

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Mirrors

   33.2 (1) Every motor vehicle shall be equipped with a mirror securely attached to it and placed in a position that will afford the driver a clear view of the roadway to the rear and of a vehicle approaching from the rear.

             (2)  Where the view afforded by the mirror required under subsection (1) is obstructed or interfered with, a side rear view mirror shall be attached to each side of the motor vehicle and shall be placed so as to afford the driver a clear view of the roadway to the rear and to each side of the motor vehicle.

             (3)  The towing vehicle in every combination of motor vehicles shall, when the trailer or semi-trailer is so designed that it impedes the rear view of the driver through a mirror as provided in subsection (1), be equipped with 2 mirrors, one affixed to each side of the motor vehicle and both to provide the driver with a clear view of the roadway to the rear of the combination of vehicles.

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

             (5)  A mirror shall not be cracked.

50/12 s36

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Sun visor - commercial vehicle

   33.3 A commercial vehicle shall have a functional driver's sun visor where the commercial vehicle was originally fitted with a driver's sun visor.

50/12 s37

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Seats - commercial vehicle

   33.4 A commercial vehicle shall

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

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

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

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

50/12 s38

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Television sets

      34. (1) A person shall not drive on a highway a motor vehicle that is equipped with a television set

             (a)  a part of which is located in the motor vehicle forward of the back of the driver's seat; or

             (b)  that is visible to the driver while he or she is operating the motor vehicle.

             (2)  Subsection (1) does not apply to a closed circuit television system consisting of a camera and a monitor or to a visual display unit used to assist the driver in the operation of the vehicle.

145/86 s17

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Overhead package shelves - commercial vehicle

   34.1 A commercial vehicle shall, where fitted with overhead package shelves, have its overhead package shelves securely mounted and not have broken, missing, excessively worn or excessively stretched package retaining components.

50/12 s39

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Bumpers

      35. (1) A passenger car shall be equipped with a front and rear bumper.

             (2)  A person shall not install or alter a bumper on a passenger car unless the design of the bumper is equivalent to and the bumper is mounted in substantially the same manner as the bumper installed by the manufacturer of the passenger car.

             (3)  A person shall not alter a passenger car so that the main structural component of a bumper is more than 55 centimetres or less than 35 centimetres above ground level when the passenger car is unloaded.

             (4)  A bumper that has at least 6.25 centimetres of projected vertical facing within the height restriction referred to in subsection (3), when viewed in elevation, is considered to comply with that subsection.

             (5)  For the purpose of subsections (3) and (4), components that are commonly known as bumperettes or overriders are not part of the main structural component of a bumper or of the projected vertical facing.

             (6)  Subsection (1) does not apply to passenger cars manufactured before April 1, 1976 , but a person shall not alter that car so that the bumper is more than 10 centimetres higher or lower than it was at the time the car was manufactured.

             (7)  A person who operates on a highway a passenger car that

             (a)  is not equipped with bumpers as required by subsection (1) and (2); or

             (b)  is equipped with a bumper that does not comply with the requirement of subsections (2) to (6) ,

is guilty of an offence.

145/86 s18

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Bumpers - commercial vehicle

   35.1 A commercial vehicle shall

             (a)  be equipped with properly mounted bumpers; and

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

50/12 s40

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Mudguards and fenders

   35.2 (1) A motor vehicle and a trailer shall be equipped with mudguards or fenders adequate to reduce effectively the wheel spray or splash of water from the roadway to the rear of the vehicle or trailer, unless adequate protection is afforded by the body of the motor vehicle or trailer or by a trailer drawn by the motor vehicle.

             (2)  Notwithstanding subsection (1), a commercial vehicle other than a bus or school bus shall be equipped with properly mounted fenders and mudguards.

50/12 s41

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Front opening hoods

      36. (1) A motor vehicle that has a hood that opens from the front of the vehicle shall be equipped with a primary and secondary hood latch mechanism.

             (2)  The secondary hood latch mechanism referred to in subsection (1) shall operate so that it prevents the hood from opening if the primary latch mechanism fails.

             (3)  This section does not apply to motor vehicles manufactured before January 1, 1971 .

145/86 s19

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Hood and cab latches - commercial vehicle

   36.1 Notwithstanding section 36 , a commercial vehicle shall be equipped with

             (a)  a working hood latch mechanism or safety catch;

             (b)  a working tilt cab latch mechanism where one is required.

50/12 s42

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Hinged doors

      37. (1) A hinged door on a motor vehicle that leads directly to a compartment containing seating accommodations shall be equipped with a door latch and striker assembly that has a fully latched closed position and a secondary latched position.

             (2)  Subsection (1) does not apply to a cargo door, sliding door, rolling door, folding door or a 2-part door that closes by one part latching to the other part.

             (3)  This section does not apply to a motor vehicle manufactured before January 1, 1971 .

145/86 s20

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Occupant compartment door - commercial vehicle

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

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

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

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

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

50/12 s43

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Exterior compartment door - commercial vehicle

   37.2 An exterior compartment door on a commercial vehicle shall

             (a)  be securely attached to the body of a commercial vehicle; and

             (b)  other than a door to which subsection 37 (1) applies, be equipped with a lock, latch or spring device that shall hold the door closed.

50/12 s44

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Window glazing

      38. (1) A person shall not place or install in a motor vehicle non-transparent, translucent or opaque material on or in place of the

             (a)  windshield glazing; or

             (b)  side window glazing that is beside or forward of the driver on the right and left hand side of the motor vehicle in a manner or to an extent that the motor vehicle no longer conforms with the requirements of the Motor Vehicle Safety Act (Canada ) CMVSS 205 Glazing Materials, as amended.

             (2)  Subsection (1) does not

             (a)  apply to the equivalent replacement of the glazing installed by the manufacturer of the motor vehicle;

             (b)  prohibit the use of clear untinted frost shields; or

             (c)  prohibit the use of window stickers as long as they do not impair the operator's field of vision or otherwise impair the safe operation of the motor vehicle and are used in accordance with conditions prescribed by the Act.

             (3)  The owner of a motor vehicle shall ensure that the view through a frost shield on the motor vehicle is not impaired by discoloration, scratches or other damages.

             (4)  A person shall not place or install a material on or in place of a window glazing that by reason of sunlight or the headlights of other vehicles casts a glare at other vehicles on the highway.

             (5)  A person shall not operate on a highway a motor vehicle that contains material that is prohibited by this section.

145/86 s21

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Trailers

      39. A person shall not drive or operate on a highway a motor vehicle drawing a trailer unless

             (a)  the draw-bar or other connection between the motor vehicle and trailer will hold the vehicles together;

             (b)  the device which couples the trailer to the motor vehicle is firmly attached to a structurally adequate integral part of the frame of each vehicle, or, where the towed vehicle is of a gross vehicle mass of less than 900 kilograms to a structurally adequate part of the towing vehicle and to an integral part of the frame of the towed vehicle;

             (c)  the vehicles are equipped and connected with an auxiliary coupling device consisting of a chain or metal cable equal in strength to the principal coupling device, except that this provision shall not apply where the coupling device is a fifth wheel and kingpin assembly used to couple a semi-trailer to a truck tractor and that assembly shall be securely attached to the towing vehicle and shall not be operated with less bolts than was provided by the manufacturer or with any cracks or breaks in the securing attachments; and

             (d)  in the case of a towing motor vehicle equipped with a fifth wheel assembly, the jaw closure mechanism and locking components function properly and the frame assembly is fitted with slide rails mounted to ensure the proper level of direction of the trailer kingpin to support a secure engagement.

145/86 s22

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Hitches - commercial vehicle

   39.1 On a commercial vehicle

             (a)  a trailer hitch or towing structure to which a trailer hitch is attached shall be securely mounted;

             (b)  a latch mechanism shall close securely;

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

             (d)  a cast or forged hitch shall not show any indication that repairs have been made by means of brazing or welding; and

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

50/12 s45

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Horse drawn sleigh

      40. A person travelling upon a highway with a sleigh or sled drawn by a horse or other animal shall have at least 2 bells attached to the harness or to the sleigh or sled in a manner to give ample warning sound of the approach of the sleigh or sled.

145/86 s23

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Speedometer

      41. (1) A motor vehicle other than a traction engine shall be fitted with an efficient speedometer so constructed and in a position that indicates to the driver of the vehicle, within a margin of accuracy of plus or minus 10%, the speed at which the motor vehicle is being driven.

             (2)  A speedometer provided in compliance with this section shall at all times be kept from an obstruction which might prevent it from being easily read by the driver of the vehicle.

             (3)  Every odometer fitted to a motor vehicle shall be maintained in good working order.

             (4)  The minister may, by permit, allow a foreign vehicle that has been previously registered outside the province and does not comply with this section to be operated on a highway where, in the minister's opinion, modification to the vehicle is not practical.

145/86 s25; 46/97 s1

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Lubrication - commercial vehicle

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

             (a)  properly lubricated; and

             (b)  free of oil and grease leaks.

50/12 s46

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Chassis frame and underbody - commercial vehicle

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

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

50/12 s47

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Drive shaft - commercial vehicle

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

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

50/12 s48

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Neutral safety starting switch - commercial vehicle

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

             (2)  On a commercial vehicle, a starter shall not operate unless the gear selector or transmission is in park or neutral.

50/12 s49

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Inspecting and testing vehicles

      42. (1) An inspector may inspect and test a vehicle on a highway or, with the consent of the owner or carrier, on the owner's or carrier's premises or on the premises where the vehicle is at the expense of the owner or carrier of the vehicle and either before or after the licence for the vehicle is issued.

             (2)  An inspector who considers that a vehicle inspected or tested under subsection (1) is for any reason dangerous or unfit for use may immediately seize the licence plates of the vehicle and the registration of the vehicle shall then be considered suspended in accordance with section 41 of the Act until the time that the vehicle is repaired or complies with the Act and the regulations and a satisfactory official inspection certificate under the Official Inspection Station Regulations is filed and the registrar reinstates the registration.

             (3)  A vehicle suspended on a highway shall be removed from the highway within 24 hours of suspension and costs associated with removal and official inspection of the vehicle shall be the responsibility of the owner of the vehicle or the carrier of the commercial vehicle.

             (4)  An inspector who causes the registration of a vehicle to be suspended under this section shall promptly notify the registrar and the registrar shall not reinstate the registration or return or replace licence plates seized under this section until the fee referred to in section 35 of the Act is paid.

145/86 s26; 35/95 s1; 89/09 s4; 50/12 s50

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Inspection - carrier or commercial vehicle

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

             (2)  An inspector may, on inspection, remove books, records, shipping documents or other documents or papers for the purpose of copying them, and shall provide the carrier or his or her representative a receipt for them, and shall immediately make copies and return the originals to the carrier or his or her representative.

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

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

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

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

50/12 s51

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Entry by inspector - carrier's place of operation

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

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

             (3)  An inspector may make an application to a Provincial Court judge without notice to a carrier, which states under oath or affirmation that

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

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

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

and the Provincial Court judge may issue a warrant authorizing the inspector to enter that dwelling house subject to such conditions that may be specified in the warrant.

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

50/12 s52

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Maintenance of equipment

      43. Equipment required to be fitted to a vehicle by virtue of these regulations shall be maintained in good and efficient working order and securely fastened by the owner of the vehicle or carrier of the commercial vehicle.

50/12 s53

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Repairs, maintenance and records - commercial vehicle

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

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

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

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

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

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

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

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

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

             (e)  a lubrication record; and

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

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

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

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

50/12 s54

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Operation of motorcycle

      44. (1)  A person shall not operate or ride on a motorcycle or moped unless that person wears a helmet that conforms to the requirements of the

             (a)  Canadian Standards Association Standard D 230, Safety Helmets for Motorcycle Riders, as amended, and the helmet shall bear the monogram of the Canadian Standards Association Testing Laboratories;

             (b)  United States Federal Motor Vehicle Safety Standard 218, as amended, and the helmet shall bear the DOT symbol as used by the United States Department of Transportation; or

             (c)  United Nations Economic Commission for Europe , ECE Regulation 22 incorporating the 05 series of amendments, as amended, and the helmet shall bear the approval mark as required by that regulation.

             (2)  A helmet required to be worn in accordance with subsection (1) shall be properly fitted and a chin strap or other fastening device shall be secured.

             (3)  Notwithstanding subsection (1), conformity may be made also to standards prescribed by

             (a)  the Snell Memorial Foundation; or

             (b)  the British Standards Institution

as amended, provided always that a certificate of approval be affixed to an item to be sold within the province.

145/86 s28; 47/09 s1

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Slow moving vehicles

      45. A person shall not operate a slow moving motor vehicle or implement of husbandry on a highway unless it is equipped with a slow moving motor vehicle warning device.

145/86 s29

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New motor vehicles sales

      46. (1) A person shall not sell, offer for sale, have in possession for sale or deliver for sale in the province a new motor vehicle unless it and its equipment and components conform to the requirements of the Motor Vehicle Safety Act (Canada), CMVSS 108 Lighting Equipment and CMVSS 108.1 Headlamps, as amended.

             (2)  A person shall not modify or alter a motor vehicle or replace equipment or components of a motor vehicle in a manner or an extent that the motor vehicle no longer conforms with the requirements of the Motor Vehicle Safety Act (Canada ) CMVSS 108 Lighting Equipment and CMVSS 108.1 Headlamps, as amended.

             (3)  A person shall not sell, offer for sale, have in his or her possession for sale in the province equipment or components for a motor vehicle which do not conform to the requirements of the Motor Vehicle Safety Act (Canada ) CMVSS 108.1 Lighting Equipment and CMVSS 108.1 Headlamps, as amended.

145/86 s30

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In-cab controls

      47. A vehicle shall not be equipped with in-cab controls or devices that increase or decrease mass distribution on an axle of the vehicle unless those controls or devices are designed to execute a lowering or raising function only.

145/86 s31

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Sale of mobile homes or RVs

      48. (1) A person shall not sell, offer for sale, have in his or her possession for sale or deliver for sale in the province a new mobile home or recreational vehicle unless it and its equipment and components conform to the requirements of the Canadian Standards Association, Standard Z 240 MH Series-92 and Z 240 RV Series-M86 (R1992) Vehicle Requirements for Mobile Homes and Recreational Vehicles, as amended, and that mobile home or recreational vehicle or equipment and components shall bear the monogram of the Canadian Standards Association Testing Laboratories.

             (2)  A person shall not modify or alter a mobile home or recreational vehicle or replace equipment or components of a mobile home or recreational vehicle in a manner or to an extent that the mobile home or recreational vehicle no longer conforms with the requirements of the Canadian Standards Association, Standard Z 240 MH Series-92 and Z 240 RV Series-M86 (R1992) Vehicle Requirements for Mobile Homes and Recreational Vehicles, as amended.

             (3)  A person shall not sell, offer for sale, have in his or her possession for sale in the province equipment or components for a mobile home or recreational vehicle that do not conform to the requirements of the Canadian Standards Association, Standard Z 240 MH Series-92 and Z 240 RV Series-M86 (R1992) Vehicle Requirements for Mobile Homes and Recreational Vehicles, as amended.

145/86 s32

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Sale of new tires

      49. A person shall not sell, offer for sale, have in possession for sale, or deliver for sale in the province new tires unless they conform to the requirements of the Motor Vehicle Tire Safety Regulations made under the authority of the Motor Vehicle Tire Safety Act (Canada ).

145/86 s33

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Rep. by 50/12 s55

      50. [Rep. by 50/12 s55]

50/12 s55

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Inconsistent provisions

   50.1 In the event of an inconsistency between the following regulations and other regulations made under the Act, the following regulations shall prevail:

             (a)  sections 2.3 , 19.1 , and 25.2 to 25.18 , subsections 26 (4.1) and (6), sections 28.1 and 29.1 , subsection 32 (6), sections 33.1 , 33.3 , 33.4 , 34.1 , and 35.1 , subsection 35.2 (2), and sections 36.1 , 37.1 , 37.2 , 39.1 , 41.1 , 41.2 , 41.3 , 41.4 , 42.1 , 42.2 and 43.1 ; and

             (b)  section 6.5 , subsections 7 (9.1) and (9.2), paragraph 26 (5)(b), section 30 , subsections 32 (2) and (4), and sections 33.2 , 41 and 43 where they apply to a carrier or a commercial vehicle.

50/12 s56

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Offences

   50.2 (1) It is an offence to operate a vehicle not in compliance with these regulations.

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

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

50/12 s57

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Repeal

      51. The Highway Traffic (Licensing and Equipment) Regulations, 1986, Newfoundland Regulations 145/86, are repealed.

(This document includes the corrections made on April 4, 1997, p.427 and June 20, 1997, p.767)