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Board Public Passenger Motor Carrier Act Regulations

made under subsection 27(1) of the

Motor Carrier Act

R.S.N.S. 1989, c. 292

O.I.C. 92-1257 (December 22, 1992), N.S. Reg. 283/92

as amended up to O.I.C. 2013-402 (December 20, 2013), N.S. Reg. 342/2013


Citation and application

1       (1)    These regulations may be cited as the “Board Public Passenger Motor Carrier Act Regulations”.

 

         (2)    These regulations apply

 

                  (a)    to public passenger vehicles; and

 

                  (b)    in respect of public passenger vehicles to

 

                           (i)     motor carriers, and

 

                           (ii)    drivers.

 

         (3)    These regulations are in addition to the Governor in Council Public Passenger Motor Carrier Act Regulations.


Interpretation

2       In these regulations,

 

(a)“Act” means the Motor Carrier Act;

 

                  (b)    “applicant” means any person presenting to or filing an application with the Board or causing an application to be so presented or filed on the person's behalf and includes a petitioner or complainant;

 

                  (c)    “application” includes a petition or complaint originating any proceeding, matter or thing before the Board;

 

                  (d)    “AS” means American Standard;

 

                  (e)    “Board” means the Board as defined in the Act;

 

                  (f)     “C.C.M.T.A” means the Canadian Council of Motor Transport Administrators;

 

                  (g)    “CGA” means the Compressed Gas Association;

 

                  (h)    “Clerk” means the Clerk of the Board;

 

                  (i)     “CMVSS” means a Canada Motor Vehicle Safety Standard prescribed by the MVSR;

 

                  (j)     “commercial vehicle” means a public passenger vehicle that has a seating capacity of 8 passengers or less excluding the driver, and that provides a

 

                           (i)     daily, weekly, or other regular service, or

 

                           (ii)    charter or tour service

 

that enters or departs any municipality, but, for greater certainty, does not include a commuter vehicle, courtesy vehicle or taxicab;

 

                  (k)    “commercial vehicle license” means a license issued by the Board pursuant to subsection 42B(2) to the owner or operator of a commercial vehicle, allowing the holder to operate the commercial vehicle;

 

(l)“commuter vehicle” means a motor vehicle that

 

                           (i)     has a seating capacity of 8 passengers or less excluding the driver,

 

                           (ii)    is not operated for gain, and

 

                           (iii)   is used for the transportation of passengers from their residences to their places of work or study and return,

 

and, for greater certainty, includes a motor vehicle whose passengers may contribute to the payment of out-of-pocket expenses incurred in its operation;

 

                  (m)   “convertible vehicle” means a motor vehicle designed or constructed with a roof that is completely or partially retractable or removable, and does not conform to MVSR roof intrusion protection provisions applicable to vehicles subject to the provisions;

 

                  (n)    “courtesy vehicle” means a motor vehicle that has a seating capacity of 8 passengers or less excluding the driver, and that is operated to provide a service for which a passenger is not charged any service charge, directly or indirectly;

 

                  (o)    “CSA” means the Canadian Standards Association;

 

                  (p)    “driver” means the person driving or in charge of a vehicle, and for the purpose of Sections 42B to 42G, means the driver of a commercial vehicle;

 

                  (q)    “GVWR” means the manufacturer’s gross weight rating for a vehicle;

 

                  (r)     “motor vehicle” means a motor vehicle as defined in the Act;

 

                  (s)    “multipurpose passenger vehicle” means a vehicle

 

                           (i)     having a designated seating capacity of 10 or less, that is constructed either on a truck-chassis or with special features for occasional off-road operation, but does not include an air cushion vehicle, all-terrain vehicle, golf-cart, passenger car or truck, and

 

                           (ii)    that is designated as a multipurpose passenger vehicle under CMVSS;

 

                  (t)     “municipality” means a regional municipality, town, or county or district municipality;

 

                  (u)    “MVSR” means the Motor Vehicle Safety Regulations made pursuant to the Motor Vehicle Safety Act (Canada);

 

                  (v)    “owner or operator”, for the purpose of Sections 42B to 42H, means a person who owns, leases or is responsible for the operation of a commercial vehicle;

 

                  (w)   “parcel express” means any freight accepted for shipment and transported by public passenger vehicle between points on designated routes;

 

                  (x)    “parent” for the purposes of clause 42A(2)(a) and clause 51A(d), means the

 

                           (i)     parent,

 

                           (ii)    guardian, or

 

                           (iii)   custodian, by written agreement or court order,

 

of a school pupil;

 

(y)“passenger car” means a vehicle

 

                           (i)     having a designated seating capacity of 10 or less, but does not include an all-terrain vehicle, competition car, multipurpose passenger vehicle, antique reproduction vehicle, motor cycle, truck or trailer, and

 

                           (ii)    that is designated as a passenger car under CMVSS;

 

                  (z)    “person with a physical disability” means a person who, because of a mobility impairment, requires the use of a special transit facility;

 

                  (aa)  “physically disabled school pupil” means a school pupil who is a person with a physical disability;

 

                  (ab)  “rental vehicle” means a commercial vehicle that

 

                           (i)     has travelled less than 50 000 km,

 

                           (ii)    is less than 1 year old from the date of purchase from the manufacturer, and

 

                           (iii)   is leased from a recognized leasing company for a term

 

(A)of no more than 30 days, and

 

                                    (B)   commencing at least 7 days from the expiration date of any previous term of lease of the commercial vehicle;

 

                  (ac)  “special transit facility” means a public passenger vehicle designed and manufactured or converted for the purpose of transporting persons with physical disabilities;

 

                  (ad)  “taxicab” means a public passenger vehicle that has a seating capacity of 8 passengers or less excluding the driver, and that is operated

 

                           (i)     within a municipality; or

 

                           (ii)    under hire on single contracts for the conveyance of passengers with or without baggage for one trip or one trip and return, from any point within the Province to a destination also within the Province,

 

and that is not operated to provide a regular service; and

 

                  (ae)  “truck” means a motor vehicle

 

                           (i)     having a designated seating capacity of 10 passengers or less, that is designed primarily for the transportation of property or equipment, but does not include a chassis cab, crawler-mounted vehicle, trailer, work vehicle or a vehicle designed for operation exclusively off the public highway, and

 

                           (ii)    that is designated as a truck under CMVSS.

Section 2 replaced: O.I.C. 2002-571, N.S. Reg. 153/2002.


Application for license

3       (1)    Except as provided in subsection (2), an application for a public passenger license shall contain

 

                  (a)    the full name and description of the applicant and

 

                           (i)     if the applicant is a firm or co-partnership, a copy of the declaration of partnership filed in the office of the Registrar of Joint Stock Companies shall be attached to the application,

 

                           (ii)    if the applicant is a corporation other than a Municipality or a School Board, a copy of the certificate of incorporation issued to the corporation or if incorporated by special act a statement containing a reference to such special act and to any amendments thereto shall be attached to the application;

 

                  (b)    the financial condition of the applicant and if the applicant is an incorporated company, the amount and classes of stock authorized and of stock issued and outstanding and the amount of any issue of bonds and the rate of interest payable thereon, the amount of bonds outstanding and a copy of the applicant's last audited annual statement shall be attached to the application;

 

                  (c)    a description of the business proposed to be operated;

 

                  (d)    particulars of any specialty services applied for;

 

                  (e)    a description of the routes over which or the areas within which the applicant proposes to operate and the type and frequency of service which the applicant proposes to furnish over each route in each area;

 

                  (f)     the length of each route in kilometres together with a plan of same and if a route passes through or into more than one city, town, or municipality, the kilometrage of the route in each city, town, or municipality;

 

                  (g)    a schedule showing proposed times of arrival and departure;

 

                  (h)    a schedule showing proposed rates, tolls, fares and charges;

 

                  (i)     the kind, year of manufacture, maker's name and serial number of each public passenger vehicle, proposed to be operated and a statement identifying each vehicle with the proposed routes and areas of its operation;

 

                  (j)     the maximum seating capacity, excluding the driver's seat, of each public passenger vehicle;

 

                  (k)    if the application is for a license authorizing the furnishing of school bus service a statement that the vehicles to be used as school buses meet the standards prescribed by the regulations made under the Act; and

 

                  (l)     if the application is for authority to furnish a contract service, copies of the contracts relating to the service.

 

         (2)    An application for a license to furnish a specialty school bus service only, shall contain

 

                  (a)    the full name, description and address of the applicant;

 

                  (b)    particulars of the school bus service the applicant proposes to operate;

 

                  (c)    brief particulars of contracts or arrangements made with School Boards, School Trustees or other school authorities;

 

                  (d)    the kind, year of manufacture, maker's name and serial number of each vehicle proposed to be operated;

 

                  (e)    the maximum seating capacity, excluding the driver's seat, of each vehicle proposed to be operated;

 

                  (f)     a statement that the vehicles to be used as school buses meet the standards prescribed by these regulations.

 

         (3)    Every application for the approval of an amendment to a license shall contain

 

                  (a)    the name, address and license number of the applicant;

 

                  (b)    particulars of the proposed amendment;

 

                  (c)    reasons for the proposed amendment.

 

         (4)    Every application for a license under this Section shall include an affidavit by the applicant or his agent or if the applicant is a body corporate by an officer of such body corporate verifying the matters set out in the application.

Subsection 3(5) repealed: O.I.C. 2007-568, N.S. Reg. 413/2007.

Subsection 3(6) repealed: O.I.C. 2007-568, N.S. Reg. 413/2007.

Subsection 3(7) repealed: O.I.C. 2007-568, N.S. Reg. 413/2007.


Application for approval of sale, assignment, lease or transfer of a license

4       (1)    An application for the approval by the Board of the sale, assignment, lease or transfer of a license shall contain

 

                  (a)    the full name and description of the applicant;

 

                  (b)    the number and particulars of the license which is the subject of the application;

 

                  (c)    a copy of the agreement of sale, assignment, lease or transfer of equipment and other property being sold, assigned, leased or transferred;

 

                  (d)    a list of the vehicles being sold, assigned, leased or transferred together with particulars of the kind, year of manufacture, maker's name, serial number, registration number and maximum seating capacity of each vehicle;

 

                  (e)    unless the application relates to a school bus service only, a list of the debts of the applicant that are being assumed by the purchaser, assignee, lessee or transferee and a statement of the manner in which they will be liquidated; and

 

                  (f)     if the applicant is an incorporated company, a certified copy of the directors' resolution and any other necessary resolutions authorizing the sale, assignment, lease or transfer of the applicant's license and assets of the transportation service operated thereunder.

 

         (2)    Every application for an approval under this Section shall include an affidavit by the applicant, or his agent, or if the applicant is a body corporate by an officer of the body corporate, verifying the matters set out in the application.

 

         (3)    The applicant shall attach to the application a certification of the purchaser, assignee, lessee or transferee or, if the purchaser, assignee, lessee or transferee is a body corporate, of an officer of such body corporate containing the following information:

 

                  (a)    the full name and description of the purchaser, assignee, lessee or transferee together with information similar to that required under clause (a) of subsection (1) of Section 3;

 

                  (b)    the financial condition of the purchaser, assignee, lessee, or transferee together with information similar to that required under clause (b) of subsection (1) of Section 3;

 

                  (c)    if the purchaser, assignee, lessee or transferee is an incorporated company, a certified copy of the directors' resolution and any other necessary resolution authorizing the purchase, assignment, lease or transfer of the applicant's license and assets of the transportation service operated thereunder; and

 

                  (d)    a description of the business proposed to be operated by the purchaser, assignee, lessee or transferee together with information similar to that required under clauses (d) to (l) of subsection (1) of Section 3.

Subsection 4(4) repealed: O.I.C. 2007-568, N.S. Reg. 413/2007.

 

5       Subject to subsection (4) of Section 25 of the Act, the Board shall not issue a license, grant approval of an amendment of a license or grant approval to the sale, assignment, lease or transfer of a license until the applicant, purchaser, assignee, lessee or transferee, as the case may be, has

 

                  (a)    effected or placed a motor vehicle liability policy of insurance satisfactory to the Board in such sums as are prescribed by these regulations for the protection of passengers, property and parcel express carried by the motor carrier and such other policies of insurance of whatsoever nature and in such sums as these regulations prescribe; and

 

                  (b)    filed in the office of the Board

 

                           (i)     a certificate of insurer certifying that the insurance required by the Act and the Board regulations has been placed or effected in respect of each public passenger vehicle to be operated by the motor carrier, and

 

                           (ii)    a certificate signed by an inspector appointed under the Act that the vehicle to be used in the furnishing of the proposed service is mechanically fit.

Clause 5(b)(ii) amended: O.I.C. 2007-568, N.S. Reg. 413/2007.

Section 5 heading repealed: O.I.C. 2007-568, N.S. Reg. 413/2007.

 

6       The Board at the time of or before the issue of a license or approval of the sale, assignment, lease or transfer of a license, may determine and approve as terms of the license or approval as the case may be, the

 

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

 

                  (b)    routes over which and the areas within which each class of service authorized to be furnished by the motor carrier shall be furnished;

 

                  (c)    frequency of each service;

 

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

 

                  (e)    schedules of the rates, tolls, fares or charges to be levied by the motor carrier in relation to the transportation of passengers, baggage or parcel express in public passenger vehicles;

 

                  (f)     particulars of any conditions, limitations or restrictions relating to the license or to operations under such license;

 

                  (g)    type and number of vehicles that may be operated under the license;

Clause 6(g) added: O.I.C. 2007-568, N.S. Reg. 413/2007.


Services

7       The following words are used to describe public passenger services:

 

                  (a)    “public passenger” means a service by means of a public passenger vehicle;

 

                  (b)    “general” means the transportation of all persons, baggage and parcel express not exempted from the Act or these regulations;

 

                  (c)    “restricted” means the transportation of the persons, baggage and parcel express specified in the license;

 

                  (d)    “contract” means the transportation of persons, baggage and parcel express solely for the person specified in the license;

 

                  (e)    “specialty” means the transportation of persons, baggage and parcel express by chartered trips or on sight-seeing tours or by school bus or any service that in the opinion of the Board is a specialty service;

 

                  (f)     “route” means the transportation of persons, baggage and parcel express by way of a designated route from one terminus to another and includes, subject to restrictions or limitations expressly set out in the license, service to intermediate points and service from one intermediate point to another and return services;

 

                  (g)    “area” means the transportation of persons, baggage and parcel express between the localities situated within an area defined geographically such as a county or an area lying within well defined and clearly indicated boundaries, subject to restrictions or limitations expressly set out in the license;

 

                  (h)    “regular” means the transportation of passengers, baggage and parcel express from one point to another or on a round trip at fixed hours, days, weeks, or intervals;

 

                  (i)     “irregular” means the transportation of passengers, baggage and parcel express at hours, days, weeks or intervals that are not fixed.


Service conditions and obligations

8       The following service conditions and obligations shall apply:

 

                  (a)    all contract services and all specialty services are restricted services;

 

                  (b)    an authorization to transport persons, baggage and parcel express under a contract service shall be valid only for the duration of the contract between the motor carrier and the person for whom the service is to be supplied and shall be personal and non-transferable;

 

                  (c)    a duplicate original of such contract duly completed and signed by the parties shall be filed by the carrier in the office of the Board;

 

                  (d)    a motor carrier authorized to furnish an area service shall

 

                           (i)     maintain the service distinct from any other service that he is authorized to furnish,

 

                           (ii)    furnish service throughout the whole area, and

 

                           (iii)   not limit the service to a route within the area;

 

                  (e)    a motor carrier licensed to operate a regular service shall provide the service in accordance with the time schedule fixed by the Board regardless of the number of passengers, or the quantity of baggage or parcel express requiring transportation, and in accordance with the conditions and at the tariff rates set out in the license;

 

                  (f)     a motor carrier licensed to operate an irregular service shall transport passengers, baggage or parcel express requiring transportation, to the extent of his available equipment and in accordance with the conditions and at the tariff rates set out in the license;

 

                  (g)    no motor carrier shall join or cause to be joined a specialty charter or contract route or area public passenger authorization contained in the license of the motor carrier with another specialty charter or contract route or area public passenger authorization contained in the license or any other license of the motor carrier or of any other motor carrier unless the authority to join is specifically included in the license of the motor carrier.


Licenses and identification

9       Subject to the other provisions of these regulations, a license issued to a motor carrier authorizes the motor carrier to furnish the services specified in the license in accordance with the terms of the license and the provisions of the Act and these regulations.

 

10     The license issued to a motor carrier does not authorize the transportation of explosives or dangerous articles and does not authorize transportation by school bus, or by other specially designed, constructed or equipped vehicles, unless specifically stated in the license.

 

11     (1)    Subject to subsection (2), every motor carrier shall paint on or otherwise firmly apply or attach to both sides of each public passenger vehicle operated under the license issued to the motor carrier in easily read letters of not less than 75 mm (3 in.) in height, and in three lines, the following information:

 

                  (a)    name of motor carrier license holder;

 

                  (b)    address of motor carrier license holder; and

 

                  (c)    motor carrier license number.

 

         (2)    In the case of a public passenger vehicle that has a seating capacity of ten passengers or less, the size of the letters required under this Section may not be less than 25 mm (1 in.) in height.

 

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

 

12     (1)    The Board shall issue to each motor carrier for each public passenger vehicle from time to time designated in the motor carrier license an identification plate containing the letters “N.S.” to indicate the Province of Nova Scotia, the year for which it is issued and a distinguishing number and letters according to the following classification of services, namely:

 

                  (a)    “P” to indicate public passenger service other than school bus service;

 

                  (b)    “SB” to indicate specialty school bus service;

 

                  (c)    “SB-P” to indicate specialty school bus service and public passenger service.

 

         (2)    Prior to the issuing of an identification plate, the motor carrier shall submit to the Board satisfactory evidence that the taxes, tolls or fees due and payable by the carrier under the Act have been paid to the Board or that an arrangement satisfactory to the Board has been made with reference thereto.

 

         (3)    The identification plate issued under this Section for a vehicle is valid during the year for which it is issued and until the 30th day of April of the following year.

 

         (4)    Expired or deleted identification plates shall be removed from the vehicle.

Subsection 12(4) amended: O.I.C. 2007-568, N.S. Reg. 413/2007.

         (5)    The identification plate may be renewed and the renewal shall be evidenced by a sticker bearing the year of renewal and affixed to the designated portion of the plate.

 

13     Every licensed motor carrier shall attach each identification plate issued to the front of the public passenger vehicle for which the plate was issued.

 

14     (1)    No person shall attach or display any identification plate issued under the Act or these regulations on any vehicle other than the vehicle for which the plate was issued.

 

         (2)    No motor carrier shall drive or use or require or permit any other person to drive or use a public passenger vehicle on a highway unless there is attached to the vehicle in the manner required by these regulations a valid identification plate issued for the vehicle.

 

15     (1)    A motor carrier may apply to the Board to replace a public passenger vehicle operated by the motor carrier with another public passenger [vehicle], and to transfer the identification plate issued to the vehicle being replaced to the substituted vehicle if the substituted vehicle does not already have an identification plate issued to it.

 

         (2)    The Board may permit a public passenger vehicle to be replaced and an identification plate to be transferred under this Section once it is satisfied that all taxes, tolls or fees required to be paid by the motor carrier under the Act have been paid or that satisfactory arrangements have been made to pay them.

 

         (3)    An application form for an application under this Section shall be in the form and contain the information required by the Board.

Section 15 replaced: O.I.C. 2007-568, N.S. Reg. 413/2007.

 

16     When a motor carrier discontinues the use of a public passenger vehicle for which an identification plate was issued, he shall not thereafter drive or use or require or permit any other person to drive or use the vehicle with the identification plate attached, on a highway, and shall remove said plate and return the plate to the Board.


Certificate of authorization

17     (1)    Each year the Board shall issue with respect to each public passenger vehicle from time to time designated in the license of a motor carrier and for which an annual identification plate has been issued a certificate of authorization which shall be valid during the year for which it was issued and until the 30th day of April of the following year unless otherwise stated in the certificate or unless earlier cancelled or suspended by the Board.

 

         (2)    A motor carrier shall cause a valid certificate of authorization to be in the possession of the driver of any public passenger vehicle which the motor carrier is authorized to operate.


Insurance

18     (1)    In addition to any other policy of insurance required by this Act, every motor carrier shall effect or place and maintain a motor vehicle liability policy of insurance issued by a company duly authorized to issue the policy in the Province, providing third party coverage in respect of liability for loss or damage resulting from bodily injury to or the death of persons other than passengers and for damage to property of others to the limit of at least two million dollars, exclusive of interest and costs, under an inclusive coverage for each public passenger vehicle used.

Subsection 18(1) amended: O.I.C. 2009-49, N.S. Reg. 30/2009.

 

         (2)    A motor vehicle liability policy of insurance for the protection of passengers and property carried by a motor carrier licensed to operate a public passenger vehicle shall be in a form approved by the Board and shall be issued by a company duly authorized to issue the policy in the Province and shall be in the following sums:

 

                  (a)    for each public passenger vehicle used, the seating capacity of which is twenty passengers or less, excluding the driver, for loss or damage resulting from bodily injury to or the death of persons and property damage to the limit of at least two million dollars, exclusive of interest and costs, under an inclusive coverage;

Clause 18(2)(a) amended: O.I.C. 95-641, N.S. Reg. 141/95.

 

                  (b)    for each public passenger vehicle used, the seating capacity of which is not less than twenty-one or more, excluding the driver, for loss or damage resulting from bodily injury to or the death of persons and property damage to the limit of at least three million dollars, exclusive of interest and costs, under an inclusive coverage.

Clause 18(2)(b) amended: O.I.C. 95-641, N.S. Reg. 141/95.

 

         (3)    A motor vehicle liability policy of insurance for the protection of parcel express carried by a motor carrier licensed to carry parcel express shall be in a form approved by the Board and shall be issued by a company duly authorized to issue the policy in the Province and shall insure against the liability of the carrier for loss or damage resulting from direct physical loss or damage to parcel express caused by:

 

                  (a)    fire (including self-ignition and internal explosion and lightning);

 

                  (b)    flood (meaning rising navigable waters);

 

                  (c)    cyclone, hurricane or tornado;

 

                  (d)    collision, that is to say, accidental collision of the vehicle with any other vehicle or object;

 

                  (e)    overturning of the vehicle;

 

                  (f)     collapse of a bridge;

 

                  (g)    stranding, sinking, fire or collision, including general average or salvage charges when being transported on or in the vehicle while on a regular ferry;

 

                  (h)    theft of an entire shipping package;

 

and shall be in the sum of at least five thousand dollars for damage to parcel express resulting from any one accident, exclusive of interest and costs, per public passenger vehicle used.

Subsection 18(4) repealed: O.I.C. 2007-568, N.S. Reg. 413/2007.

Subsection 18(5) repealed: O.I.C. 2007-568, N.S. Reg. 413/2007.


Construction, maintenance and operation of vehicles

19     (1)    Every public passenger vehicle shall conform to the construction and equipment standards prescribed in the Motor Vehicle Safety Act, Canada and regulations, as amended.

 

         (2)    In addition to the construction and equipment standards prescribed in subsection (1), every school bus shall conform to the requirements prescribed in CSA Standard D250-M1985, as amended.

 

         (3)    Every public passenger vehicle, other than an accessible transit bus or an accessible over-the-road bus that is built after January 1, 1993, and that is used to transport persons with physical disabilities shall, at a minimum, conform to CSA standard CSA D409-92, Motor Vehicles for the Transportation of Persons with Physical Disabilities, as amended.

Subsection 19(3) replaced: O.I.C. 2007-568, N.S. Reg. 413/2007.

 

         (4)    In addition to the construction and equipment standards set out in subsections (1) and (2), every public passenger vehicle that is an accessible transit bus built after January 1, 2004, and that is used to transport persons with physical disabilities shall, at a minimum, conform to CSA standard CAN/CSA D-435-02, Accessible Transit Buses, as amended.

Subsection 19(4) added: O.I.C. 2007-568, N.S. Reg. 413/2007.

 

         (5)    In addition to the construction and equipment standards set out in subsections (1) and (2), every public passenger vehicle that is an accessible over-the-road bus built after January 1, 2004, and that is used to transport persons with physical disabilities shall, at a minimum, conform to CSA standard CSA D-436-03, Accessible Over-the-Road Buses, as amended.

Subsection 19(5) added: O.I.C. 2007-568, N.S. Reg. 413/2007.

 

20     (1)    In addition to the construction and equipment standards prescribed in Section 19, every public passenger vehicle shall be equipped with

 

                  (a)    at least 1 adequately pressurized multi-purpose powder fire extinguisher that is mounted in a location that is readily accessible to the driver and is in plain sight and clearly marked, and that

 

                           (i)     has a minimum rating of 3A:40B:C,

 

                           (ii)    weighs between 2.0 and 2.5 kg (4.4 and 5.5 lb), and

 

                           (iii)   meets all of the following conditions:

 

                                    (A)   the operating mechanism shall be sealed with a type of seal that does not interfere with the use of the extinguisher,

 

                                    (B)   the extinguisher shall be equipped with a pressure gauge that indicates the condition of the extinguisher,

Clause 20(1)(a) replaced: O.I.C. 2007-568, N.S. Reg. 413/2007.

 

                  (b)    a speedometer in good working order located in view of the driver at all times;

Clause 20(1)(b) amended: O.I.C. 2007-568, N.S. Reg. 413/2007.


Clause 20(1)(c) repealed: O.I.C. 2007-568, N.S. Reg. 413/2007.

 

                  (d)    baggage racks adequate to carry baggage without discomfort to passengers and equipped with covers if placed outside the vehicle;

 

                  (e)    windshield defrosters of sufficient capacity to keep the windshield, the side window to the left of the driver, and the glass in the entrance door clear of fog and frost;

 

                  (f)     heaters of either the hot water or combustion type and

 

                           (i)     if only one heater is used, it shall be a fresh air or combined fresh air and recirculating type,

 

                           (ii)    if more than one heater is used, the additional heaters may be of the recirculating type,

 

                           (iii)   if combustion type heaters are used, they shall be approved by a recognized testing agency,

 

                           (iv)   the heating system shall be capable of maintaining the inside air temperature at a minimum of 5o C (40o F), at an outside air temperature of -18o C (0o F);

 

                  (g)    front and rear bumpers attached directly to the frame members, and of sufficient strength to permit the pushing of a vehicle of equal GVWR or of being pushed by a vehicle without permanent distortion to the bumper, chassis, frame or body;

 

                  (h)    in the case of vehicles under 4,500 kg (10,000 lbs.) GVWR, an exhaust system entirely outside the body of the vehicle and the tail pipe shall extend beyond the left rear wheel of the chassis or rear bumper of the vehicle but shall not emit exhaust on the right side of the vehicle;

 

                  (i)     in the case of vehicles over 4,500 kg (10,000 lbs.) GVWR, an exhaust system entirely outside the body of the vehicle and the tail pipe shall extend beyond the rear bumper of the vehicle;

 

                  (j)     batteries mounted outside the passenger compartment;

 

                  (k)    an oil pressure gauge or low oil indicator, low coolant indicator or high temperature warning indicator, a fuel gauge or low fuel indicator and amperage gauge or non-charging indicator, all of which shall be contained in an illuminated instrument panel clearly visible to the driver at all times and each indicator shall be accompanied by an audible warning signal;

 

                  (l)     a fuel tank intake outside of the passenger compartment;

 

                  (m)   grab straps or handholds adequate for the use of standing passengers;

 

                  (n)    a unitized first aid kit packed in a sturdy, dust-proof, removable container made of metal, or plastic of comparable strength, that is mounted in a location that is readily accessible to the driver and is in plain sight or clearly marked, and that contains at least all of the following equipment:

 

                           (i)      1 safety-oriented pocket guide,

                           (ii)     1 record book,

                           (iii)    face masks for mouth-to-mouth artificial respiration,

                           (iv)    4 pairs of rubber gloves,

                           (v)     4 space blankets,

                           (vi)    150 individually wrapped 25 × 75 mm (1 × 3 in.) adhesive dressings,

                           (vii)   eight 50 mm (2 in.) compress dressings,

                           (viii)  six 100 mm (4 in.) compress dressings,

                           (ix)    2 gauze eye pads,

                           (x)     1 eye shield,

                           (xi)    three 4-ply gauze dressings, a minimum of 914 × 914 mm (36 × 36 in.)

square,

                           (xii)   two 50 mm × 5.5 m (2 in. × 6 yd.) gauze bandages,

                           (xiii)  1 packet of 25 mm × 4.6 m (1 in. × 5 yd.),

                           (xiv)  adhesive tape,

                           (xv)   6 triangular bandages,

                           (xvi)  1 rolled metal splint 70 × 610 mm (2 3/4 × 24 in.) and 2 splint

paddings,

                           (xvii) 1 pair of sliver tweezers,

                           (xviii)1 pair of 152.4 mm (6 in.) scissors,

                           (xix)  twelve 50 mm (2 in.) safety pins,

                           (xx)   1 pencil,

                           (xxi)  1 marked plastic bag for disposal of bio-hazardous waste,

                           (xxii) at least the following antiseptics:

 

                                    (A)   disinfectant in the form of

 

                                             (I)     100 ml (3.5 oz.) bottle of an adequate antiseptic, or

 

                                             (II)   individually wrapped towellettes [towelettes] with an adequate antiseptic, and

 

                                    (B)   24 hand cleaners;

Clause 20(1)(n) replaced: O.I.C. 2007-568, N.S. Reg. 413/2007.


Clause 20(1)(o) repealed: O.I.C. 2007-568, N.S. Reg. 413/2007.

 

                  (p)    at least 3 flares or red triangular emergency reflectors that are each capable of continuously producing a warning light or reflective surface for a distance of 150 m (500 ft.) and for at least 8 hours;

Clause 20(1)(p) replaced: O.I.C. 2007-568, N.S. Reg. 413/2007.

 

                  (q)    a seat belt cutter mounted in a location that is readily accessible to the driver in the driver’s seated position.

Clause 20(1)(q) added: O.I.C. 2007-568, N.S. Reg. 413/2007.

 

         (2)    When a public passenger vehicle is disabled on a highway outside the limits of a city or town at a time of day when lighted lamps are required on vehicles and the public passenger vehicle cannot be removed from the travelled portion of the highway, the driver of the public passenger vehicle shall place the flares or red emergency triangular reflectors upon the highway, one at a distance of approximately 60 m (200 ft.) in front of the public passenger vehicle and two at the rear of the public passenger vehicle, one at a distance of approximately 9 m (30 ft.) and one at a distance of approximately 60 m (200 ft.).

 

21     (1)    The body of every public passenger vehicle shall

 

                  (a)    be constructed so as to enable the driver to observe and communicate with the passengers;

 

                  (b)    have a service door located on the right side near the front of the vehicle and within the view of the driver designed so as to prevent accidental opening;

 

                  (c)    for a public passenger vehicle which has a seating capacity of twenty or more, a service door having a minimum horizontal opening of 61 cm (24 in.) capable of being manually controlled by the operator unless otherwise approved by the Board;

 

                  (d)    have a modesty panel and padded safety bar or padded crash barrier at a height of approximately 76 cm (30 in.) securely affixed to the vehicle so as to prevent passengers in the front seat from being thrown into the step well in case of a sudden stop;

 

                  (e)    have a properly secured grab handle at least 22.5 mm (10 in.) long accessible to passengers entering or exiting through the service door;

 

                  (f)     meet the requirements of CMVSS 217, “Bus Window Retention, Release and Emergency Exit”;

 

                  (g)    be designed so as to permit adequate ventilation of the vehicle under operating conditions;

 

                  (h)    have an aisle clearance of at least 30.5 cm (12 in.) between seats facing forward; and

 

                  (i)     subject to subsection (3) have an inside height of not less than 127 cm (50 in.).

 

         (2)    No passenger service door shall open on the left side of the body.

 

         (3)    A standard size North American type passenger car or an acceptable vehicle conversion that is authorized to be used otherwise than as a school bus is not required to meet the requirements of clause (i) of subsection (1).

 

22     In public passenger vehicles, other than school buses and public passenger vehicles equipped to transport persons with physical disabilities,

 

                  (a)    all seats shall be securely fastened to the vehicle;

 

                  (b)    forward-facing seats shall be so placed that the distance from the front of each seat back to the back of the seat ahead, measured on a horizontal plane at the centre of the seat back cushion surface shall be a minimum of 68.6 cm (27 in.);

 

                  (c)    the aisle between any side facing seats shall be a minimum of 50.8 cm (20 in.) wide;

 

                  (d)    the aisle between forward facing seats shall be a minimum of 30.5 cm (12 in.) wide;

 

                  (e)    the seat back for each side facing seat shall measure at least 20.3 cm (8 in.) vertically and shall be so mounted that its top is at least 30.5 cm (12 in.) above the seat;

 

                  (f)     seats and backs shall be comfortably upholstered with adequate padding; and

 

                  (g)    no seat shall be placed so as to interfere with passengers entering or leaving the vehicle and no seat shall be placed so as to restrict the passageway to the emergency exit door to less than 30.5 cm (12 in.);

 

                  (h)    for a vehicle that is equipped with seat belts or an approved restraint system, signs shall be posted in locations clearly visible to seated passengers, stating that the seat belts or restraint system shall be worn by the passengers when the vehicle is in motion on the highway.

Clause 22(h) added: O.I.C. 2007-568, N.S. Reg. 413/2007.

 

23     (1)    Every public passenger vehicle shall be equipped with interior lights to keep the vehicle passenger compartment adequately lighted between sunset and sunrise.

 

         (2)    The driver's position shall be shielded from the interior lights required in subsection (1) when the lights are operating.

 

24     A motor carrier shall at all times maintain every public passenger vehicle operated by the motor carrier and the equipment of the vehicle

 

                  (a)    in a safe and proper working condition;

 

                  (b)    in a clean and sanitary condition;

 

                  (c)    adequately ventilated.

 

24A  (1)    A motor carrier shall submit each public passenger vehicle licensed to be operated by the motor carrier for inspection and testing by an inspector and shall provide any facilities and assistance that the inspector or the Board considers necessary at all the following times:

 

                           (i)     semi-annually,

 

                           (ii)    at any time requested by an inspector or the Board.

 

         (2)    An inspection shall be conducted in accordance with the C.C.M.T.A. Bus Vehicle Safety Inspection Program, Inspection Methods and Standards, published in December 2000 as amended or updated and as supplemented by an inspection of the brakes in accordance with all the following requirements:

 

                  (a)    an inspection shall include an internal brake inspection of the hydraulic brake system conducted in accordance with Section 3 of the C.C.M.T.A. Bus Vehicle Safety Inspection Program, Inspection Methods and Standards, published in January 1993;

 

                  (b)    an inspection shall include an internal brake inspection of the air brake system conducted in accordance with Section 3A of the C.C.M.T.A. Bus Vehicle Safety Inspection Program, Inspection Methods and Standards, published in January 1993;

 

                  (c)    an inspection shall include a test of braking efficiency using the Tapley Brake Testing Meter or another testing mechanism considered by the Board to be an equivalent device, and the vehicle shall meet the following minimum brake efficiency readings as recorded by the device:

 

                           (i)     service brakes, 65%,

 

                           (ii)    air-operated max brakes, 23%.

Section 24A added: O.I.C. 2007-568, N.S. Reg. 413/2007.

 

25     (1)    No motor carrier shall permit a driver of a public passenger vehicle that provides a general service, route service or regular service to carry more than 50% more passengers than the seating capacity of the vehicle.

Subsection 25(1) replaced: O.I.C. 2007-568, N.S. Reg. 413/2007.

 

         (2)    No motor carrier shall permit the driver of a public passenger vehicle that provides a contract service, specialty area service or irregular service to transport more passengers than the designated seating capacity of the vehicle, or permit a person other than the driver to occupy the portion of the vehicle assigned to the driver’s use.

Subsection 25(2) replaced: O.I.C. 2007-568, N.S. Reg. 413/2007.

 

         (3)    An inspector appointed under the Act shall determine the maximum seating capacity based upon the requirement set out in subsection (2).

 

26     A motor carrier providing a public passenger service over a specified route shall establish at intervals of not greater than 3 hours and 30 minutes driving time, properly equipped and maintained restrooms at which public passenger vehicles shall stop for a reasonable length of time.

 

27     A motor carrier shall ensure that every public passenger vehicle receives a trip inspection prior to the vehicle's first trip of the day in accordance with the regulations under the Motor Vehicle Act.

 

28     No motor carrier shall carry or permit to be carried in a public passenger vehicle baggage or parcel express that would cause discomfort or inconvenience to passengers or interfere with the safe operation of the vehicle, or any explosives, inflammable substances or any other dangerous articles excepting gasoline or other fuel used for the locomotive power of the vehicle and carried in a tank of the vehicle.

 

29     No motor carrier shall permit a public passenger vehicle to leave the point from which it is scheduled to start any trip until the time fixed for starting the trip on the timetable or permit the vehicle to pass an intermediate point on its route before the time fixed by the timetable.

 

30     (1)    A motor carrier shall not permit any person to smoke in a public passenger vehicle.

 

         (2)    No person shall smoke in a public passenger vehicle.

 

         (3)    A motor carrier shall post in a conspicuous place in every public passenger vehicle operated by the motor carrier a legible notice forbidding smoking in the public passenger vehicle.

 

31     Every motor carrier shall ensure that every public passenger vehicle operated by the motor carrier is equipped as required by these regulations.




Exemptions applicable to school buses

32     (1)    Section 12 of the Act, subsection 3(3), Section 11, clauses 20(1)(d) and (m) and Section 25 of these regulations do not apply to applications for licenses to operate school buses or to school buses.

 

         (2)    Sections 25 and 33, subsection 35(1) and Sections 40, 41 and 42 do not apply to any of the following while providing a school bus service:

 

                  (a)    a motor carrier operating a public transit service under the Municipal Government Act;

 

                  (b)    a motor carrier while operating within the municipal boundaries of a municipality;

 

                  (c)    the Metropolitan Transit Authority.

 

         (3)    Section 25, clauses 33(1)(a) to (c) and Sections 41 and 42 of these regulations do not apply to any of the following school buses:

 

                  (a)    a school bus that is equipped with a wheelchair lift or ramp and is operated only to transport physically disabled school pupils;

 

                  (b)    a school bus that is equipped to transport only special needs students, if all passengers are picked up and dropped off in the school’s driveway, in the student’s driveway or at another location at the side of or off the highway where it is safe to perform the loading and offloading and students are not required to cross the highway to get to or from the school bus.

Section 32 replaced: O.I.C. 2007-568, N.S. Reg. 413/2007.


Additional regulations relating to school buses

33     (1)    The body of every school bus shall

 

                  (a)    be painted national school bus chrome yellow;

 

                  (b)    bear the words “School Bus” in contrasting colours in letters at least 200 mm (8 in.) high on both the front and the rear of the vehicle immediately below the roof line and be visible, and these words shall be concealed when the vehicle is employed otherwise than as a school bus;

 

                  (c)    bear the words “DO NOT PASS WHEN RED LIGHTS FLASHING” in contrasting colours at least 75 mm (3 in.) but not more than 125 mm (5 in.) in height on the rear of the vehicle; and these words shall be concealed when the vehicle is employed otherwise than as a school bus;

 

                  (d)    bear the words “THIS BUS STOPS AT RAILWAY CROSSINGS” in contrasting colours in letters at least 75 mm (3 in.) high on the rear of the vehicle.

 

         (2)    Every school bus shall be equipped with

 

                  (a)    not less than two non-skid tire chains if required for safe operation;

 

                  (b)    an extra-wide angle convex cross-over mirror mounted at the left and right hand front corners of the school bus offering a

 

                           (i)     total view of the forwardmost point of the bus and road surface to a distance in front of the vehicle of 2 metres, and

 

                           (ii)    close-in field of vision of the road surface immediately adjacent to the right and left side of the vehicle from a point directly below the mirror to the rear corner of the bus.

 

34     (1)    The maximum seating capacity of a school bus shall be determined by allowing a rump space of 33 cm (13 in.) per pupil.

 

         (2)    An inspector appointed under the Act shall determine the maximum seating capacity based upon the requirement set out in subsection (1).

 

         (3)    The motor carrier shall post the maximum seating capacity determined by the inspector above the windshield to the right of the driver's position.

 

35     (1)    The seats in all school buses shall conform to the requirements of the MVSR and CSA Standard D-250 in effect at the date of manufacture.

 

         (2)    No school bus shall be equipped with jump seats or portable seats.

 

36     No motor carrier shall permit

 

                  (a)    passengers to stand in a school bus when the vehicle is in motion;

 

                  (b)    at any time more passengers to be carried in the vehicle than provided for in the seating capacity rating;

 

                  (c)    persons other than pupils, teachers and duly authorized officials to be carried in the school bus;

 

while it is transporting pupils to and from school.

 

37     (1)    No motor carrier shall permit any person to operate a school bus when the GVWR exceeds the maximum carrying capacity of the vehicle as established by the manufacturer's rating.

 

         (2)    The GVWR shall be determined by taking the weight of the vehicle plus 68 kg (150 lbs.) for the driver plus 54 kg (120 lbs.) for each of the passengers based on the maximum seating capacity established by the inspector.

 

38     Every motor carrier shall cause to be posted inside each school bus in full view of the seated passengers an instruction card giving instruction to pupils regarding their behaviour on the bus and supplied to the motor carrier by the Board.

Section 38 amended: O.I.C. 2007-568, N.S. Reg. 413/2007.

 

39     (1)    No person shall obstruct, either wholly or partially, an aisle of a school bus by

 

                  (a)    sitting or standing in the aisle;

 

                  (b)    sitting in such a manner that the person's body or any part thereof extends beyond a seat into the aisle; or

 

                  (c)    placing books, bags, boxes, sporting equipment, clothing or any other article in the aisle or in such a position that it extends into the aisle.

 

         (2)    A person who is directed by the driver to leave the school bus shall do so immediately.


Section 40 repealed: O.I.C. 2007-568, N.S. Reg. 413/2007.

 

41     Every school pupil being conveyed shall be instructed by the principal, of the school which the pupil attends, that if after getting off a school bus it is necessary for such pupil to cross the highway, the school pupil must proceed immediately to a position approximately 3 m (10 ft.) in front of the stopped school bus, stop, look, and listen, then cross the road at least 3 m (10 ft.) in front of the stopped school bus, when it is safe to do so.

 

42     (1)    Every school bus shall be equipped with two front and two rear red warning lights and two front and two rear amber caution lights, each light shall have a diameter of not less than 15.4 cm (7 in.) and be located as near the roof line as practicable and be visible under normal atmospheric conditions from a distance of 154 m (500 ft.).

 

         (2)    The sets of red and amber lights shall be as far apart as possible with the amber lights between the red lights.

 

         (3)    All school buses shall be equipped with red and amber lights of the sealed beam type.

 

         (4)    The red warning lights and amber caution lights referred to in subsections (1), (2) and (3) shall

 

                  (a)    flash alternately at a rate of sixty to one hundred and twenty flashes per minute;

 

                  (b)    operate independently of all other circuits;

 

                  (c)    be energized manually by a master switch control located to the left-hand side of the driver and clearly marked;

 

                  (d)    incorporate a momentary switch located to the left-hand side of the driver and clearly marked to activate and deactivate the amber caution lights;

Clause 42(4)(d) amended: O.I.C. 96-232, N.S. Reg. 64/96.

 

                  (e)    incorporate a push-button door switch that, when the service door of the bus is opened, will cause the amber caution lights to automatically deactivate and the red warning lights to automatically activate and, when the service door is closed, will cause the red warning lights to automatically deactivate; and

Clause 42(4)(e) amended: O.I.C. 96-232, N.S. Reg. 64/96.

 

                  (f)     have red and amber pilot lights to signal the driver when the red warning and amber caution lights on the exterior of the body are operating, which are clearly visible and located

 

                           (i)     forward of the driver to the right or left side, and

 

                           (ii)    so as not to obstruct the driver's vision.

 

         (5)    Every school bus shall be equipped with a stop arm device that complies with the requirements set out in subsection (6).

 

         (6)    A stop arm device shall

 

                  (a)    be at least 450 mm high and 450 mm wide and octagonal in shape;

 

                  (b)    display on the front and rear thereof the word “STOP” in white letters at least 150 mm high with the lines forming the letters being at least 20 mm wide on a red reflectorized background;

 

                  (c)    be equipped with double-faced lamps located on the top and bottom portions of the stop arm, one above the other, that have the capacity to be automatically activated so as to produce alternating flashes of red light visible to the front and rear of the bus at the commencement of the stop arm cycle and deactivated when the stop arm is retracted;

                  (d)    be located on the left exterior side of the bus in a position prescribed by the Board in such manner as to be capable of being readily seen by motorists approaching from the front or rear of the bus when the stop arm is in the extended position;

 

                  (e)    operate automatically so as to move to the fully extended position perpendicular to the side of the bus when the service door of the bus is opened and return to the retracted position parallel to the side of the bus when the service door is closed; and

 

                  (f)     operate only when the alternating red warning lights on the front and rear of the bus are energized.

 

42A  (1)    Where a motor vehicle described in Section 51A is owned, leased, controlled by or under contract to the school board and is used for school extra- or co-curricular transportation and is operated by staff or volunteers of the school board, the school board shall

 

                  (a)    effect and maintain a valid motor vehicle liability policy of insurance, insuring, in respect of any one accident, to a limit of at least $2 000 000 inclusive, exclusive of interest and costs, against liability resulting from bodily injury to or the death of one or more persons and loss of or damage to property;

 

                  (b)    require the driver to hold the proper class of driver's license in accordance with the Motor Vehicle Act and provide a driver's abstract at least once annually to the school board;

 

                  (c)    not permit more passengers to be transported than the manufacturer's designed seating capacity or otherwise as may be established by law;

 

                  (d)    except where the motor vehicle is leased for less than 30 days, require the vehicle to be inspected on a semi-annual basis by a licensed motor vehicle mechanic;

 

                  (e)    except where the motor vehicle is leased for less than 30 days, require the driver to take a Provincially recognized defensive driving course at least once every five years, and if the driver has not taken the course within five years of being approved to drive a vehicle in accordance with this clause, the board shall require the driver to take the course within 90 days of being approved;

 

                  (f)     require the driver to confirm to the school board that seat belts will be worn by all passengers; and

Clause 42A(1)(f) amended: O.I.C. 98-79, N.S. Reg. 13/98.

 

                  (g)    require the vehicle to be driven by a driver who is at least 19 years of age and does not have the status of a newly licensed driver under the Motor Vehicle Act.

 

         (2)    Where a motor vehicle described in Section 51A is owned, leased or controlled by a parent, pupil, teacher or volunteer of the school board, or taxi operator and is used for school extra- or co-curricular transportation and is operated by the parent, pupil, teacher, volunteer or taxi operator as the case may be, the school board shall

 

                  (a)    require, each school year, that the parent, pupil, teacher, volunteer or taxi operator complete Form “J” for vehicles other than taxis and Form “K” for taxis and provide the form to the school board or person designated by the school board to authorize transportation, confirming the following:

 

                           (i)     possession of

 

                                    (A)   a valid motor vehicle liability policy of insurance, insuring, in respect of any one accident, against liability resulting from bodily injury to or the death of one or more persons and loss of or damage to property, and,

 

                                    (B)   in the case of a taxi, possession of a policy of insurance as described in paragraph (A), that insures, in respect of any one accident, to a limit of at least $1 000 000 inclusive, exclusive of interest and costs,

 

                           (ii)    possession of a current motor vehicle inspection for the vehicle,

 

                           (iii)   possession of a valid driver's license for the class of vehicle to be operated,

 

                           (iv)   that the manufacturer's designed seating capacity will not be exceeded,

 

                           (v)    that each seating position is equipped with a seat belt assembly as prescribed in the Motor Vehicle Act,

 

                           (vi)   that seat belts will be worn by all passengers, and

Subclause 42A(2)(a)(vi) amended: O.I.C. 98-79, N.S. Reg. 13/98.

 

                           (vii)  that the driver is not less than 19 years of age and does not have the status of a newly licensed driver under the Motor Vehicle Act,

 

and, upon request, provide proof of the documents referred to in subclauses (i) to (iii); and

 

                  (b)    effect and maintain a valid motor vehicle liability policy of insurance, extending to the motor vehicles to which this subsection applies, providing liability coverage in excess of such coverage as is provided by any primary motor vehicle liability policy, in respect of any one accident, to a limit of at least $2 000 000 inclusive, exclusive of interest and costs, against liability resulting from bodily injury to or the death of one or more persons and loss of or damage to property.

 

         (3)    A person required to provide information pursuant to clause (2)(a) shall undertake to maintain

 

                  (a)    the motor vehicle liability policy described in subclause (2)(a)(i);

 

                  (b)    the motor vehicle inspection described in subclause (2)(a)(ii) ; and

 

                  (c)    the driver's license described in subclause (2)(a)(iii),

 

and to notify the school board to which the person provides the transportation service as to any cancellation, alteration or expiry, in respect thereof.

 

         (4)    A school board shall file with the Board certificates of insurance in such forms as are prescribed by the Board, signed by the insurers certifying that the motor vehicle liability insurance as prescribed in clauses (1)(a) and (2)(b) has been effected in respect of the vehicles to which subsections (1) and (2) apply, and containing undertakings by the insurers that they will notify the Clerk of the Board in writing of any cancellation, alteration or expiry of any insurance policy referred to in the certificate at least 15 days before the effective date of the cancellation, alteration or expiry, and that if such notice is not given, the policy shall, despite any provision in the policy including any provision as to the term thereof, remain in full force and effect and unaltered until 15 days after the date when a notice in writing of such cancellation, alteration or expiry is given to the Clerk of the Board.

 

         (5)    A passenger vehicle, as defined in the Act, when operated as a licensed public passenger vehicle and used as a school bus for extra-curricular or co-curricular transportation, is exempt from the provisions of the Act and regulations respecting school bus design and construction.

Section 42A replaced: O.I.C. 97-308, N.S. Reg. 53/97.


Commercial vehicle license

42B  (1)    No person, either as principal or by an agent or employee, shall operate a commercial van [vehicle] upon [a] highway within the Province without holding a commercial vehicle license.

Subsection 42B(1) replaced: O.I.C. 2007-568, N.S. Reg. 413/2007.

 

         (2)    The Board shall issue a commercial vehicle license to a person who meets all of the following requirements:

 

                  (a)    the person submits an application in the form and containing the information required by the Board;

 

                  (b)    the person satisfies the Board that the person, and the commercial vehicles owned or operated by the person, meet the requirements of Section[s] 42C to R2H [42H], including insurance and safety requirements;

 

                  (c)    the person pays the fee to operate a commercial vehicle as prescribed in the Motor Carrier Fees Regulations made under the Act

Subsection 42B(2) replaced: O.I.C. 2007-568, N.S. Reg. 413/2007.

 

         (3)    A commercial vehicle license holder shall notify the Board of any proposed change in the information provided by the holder to the Board in the application referred to in clause 2(a), at least 15 days prior to the change being made.

 

         (4)    Upon application by a commercial vehicle license holder in the manner prescribed by the Board, the Board may amend a commercial vehicle license respecting

 

                  (a)    the number of vehicles; or

 

                  (b)    any change in the structure or organization of the holder, where the holder is an entity other than an individual.

 

         (5)    At any time after a hearing upon such notice as the Board may direct, the Board may suspend or cancel a commercial vehicle license for any of the following:

 

                  (a)    non-compliance with the terms of the license;

 

                  (b)    providing a service not consistent with that of a commercial vehicle;

 

                  (c)    non-compliance with the requirements of Sections 42B to 42H.

Subsection 42B(5) replaced: O.I.C. 2013-402, N.S. Reg. 342/2013.


         (6)    A commercial vehicle license holder shall not operate a commercial vehicle at any time that the holder does not meet the requirements of Sections 42C to 42H.

 

         (7)    No commercial vehicle license shall be sold, assigned, leased or transferred except with the approval of the Board.

 

         (8)    No person, either as principal or by an agent or employee, shall operate any commercial vehicle after the commercial vehicle license issued to the person has been cancelled, or during any period of suspension of the commercial vehicle license pursuant to subsection (5).

Section 42B added: O.I.C. 2002-571, N.S. Reg. 153/2002.


Operational and equipment requirements - owner or operator of a commercial vehicle

42C  (1)    An owner or operator shall, for each commercial vehicle licensed to be operated by them,

 

                  (a)    maintain insurance in accordance with Section 25 of the Act and Section 18;

 

                  (b)    equip the commercial vehicle with all of the following:

 

                           (i)     a portable fire extinguisher in accordance with clause 20(1)(a),

 

                           (ii)    a unitized first aid kit in accordance with clause 20(1)(n), and

 

                           (iii)   at least 3 triangular reflectors in accordance with clause 20(1)(p);

 

                  (c)    except as provided in clause (d) for limousines, paint or otherwise firmly apply or attach to both sides of the commercial vehicle, letters that are at least 75 mm (3 in.) in height and in contrasting colours that show the name and address of the owner or operator;

 

                  (d)    for a commercial vehicle that is a limousine that is listed in Section 4 of the List of Vehicles Admissible from the United States (CL9203(E)) published by Transport Canada and administered by the Registrar of Imported Vehicles under subsection 12(1) of the Motor Vehicle Safety Regulations made under the Motor Vehicle Safety Act (Canada), the owner or operator is required to paint or otherwise firmly apply or attach to the rear of the limousine, letters that are at least 75 mm (3 in.) in height and in contrasting colours that show the name and address of the owner or operator;

 

                  (e)    post a legible notice in the commercial vehicle that is visible to all passengers, stating that seat belts are required by law to be worn by passengers while travelling in a commercial vehicle;

 

                  (f)     post a legible notice in the commercial vehicle that is visible to all passengers, forbidding smoking in the commercial vehicle;

 

                  (g)    maintain the equipment, markings and notices prescribed in clauses (c) to (f) so that they continue to meet the requirements of those clauses;

 

                  (h)    ensure that a driver of the commercial vehicle

 

                           (i)     holds a Class 4 driver’s license, or higher class of license, in accordance with the Motor Vehicle Act, and

 

                           (ii)    supplies the owner or operator with a certified copy of an abstract of the driver’s operating record from the Registrar of Motor Vehicles, before the driver is employed by the owner or operator and annually; and

 

                  (i)     retain a certified copy of each driver’s abstract supplied to them on file at the owner or operator’s principal place of business for inspection by an inspector appointed under the Act.

Subsection 42C(1) replaced: O.I.C. 2007-568, N.S. Reg. 413/2007.

 

         (2)    An owner or operator shall not permit any person to smoke in the commercial vehicle.

 

         (3)    No person shall smoke in a commercial vehicle.

 

         (4)    Where an inspector considers it necessary, the inspector may make any reasonable request of an owner or operator or its representative for assistance in fulfilling the inspector’s duties pursuant to these regulations and the owner or operator or its representative shall comply with the request.

 

         (5)    An owner or operator shall not carry or permit a driver of the commercial vehicle to carry in the commercial vehicle

 

                  (a)    baggage or parcel express that would cause discomfort or inconvenience to passengers or interfere with the safe operation of the vehicle; or

 

                  (b)    explosives, inflammable substances or any other dangerous articles except for gasoline or other fuel that is used for the locomotive power of the vehicle and is carried in a tank of the vehicle.

 

         (6)    It is a condition of every commercial vehicle license that the commercial vehicle license holder shall allow an inspector to carry out inspections and examinations of the records, books or documents required pursuant to this Section and Sections 42D to 42H respecting any vehicle or place to which the license relates.

 

         (7)    An owner or operator shall ensure that the records, books or documents required pursuant to this Section and Sections 42D to 42H are readily available for inspection upon request by an inspector.

 

         (8)    An owner or operator shall, at the request of an inspector, produce for inspection any records, books or documents required pursuant to this Section and Sections 42D to 42H.

 

         (9)    An inspector may, for the purpose of ensuring compliance with this Section and Sections 42D to 42H and any Order made pursuant to those Sections,

 

                  (a)    inspect, examine and investigate any records, books or documents required by those Sections and remove them temporarily for the purpose of making copies; and

 

                  (b)    make any examination, investigation or inquiry that the inspector considers necessary to ascertain whether there is compliance with those Sections.

 

         (10)  An owner or operator shall, when requested by an inspector to act pursuant to these regulations, give the inspector all reasonable assistance within its power to enable the inspector to carry out the inspector's duties.

 

         (11)  Nothing in this Section and Sections 42D to 42H precludes or exempts an owner or operator from compliance with or performance of any other mandatory inspection required by any other Act or regulations.

 

         (12)  An owner or operator shall ensure that a driver of the commercial vehicle does not permit more passengers to be transported in the commercial vehicle than are allowed by the manufacturer’s designated seating capacity or otherwise as may be established by law.

 

         (13)  Despite Sections 42B to 42H, subclause (1)(b)(i) and subsection 42E(1) do not apply to an owner or operator who leases a rental vehicle.

 

         (14)  In addition to the record-keeping requirements in Sections 42B to 42H, an owner or operator that leases a rental vehicle shall ensure that the driver of the rental vehicle keeps a copy of the lease agreement in the driver’s possession at all times while operating the rental vehicle.

Section 42C added: O.I.C. 2002-571, N.S. Reg. 153/2002.


Daily inspection requirements and reporting requirements for commercial vehicles

42D  (1)    An owner or operator shall ensure that the driver of the commercial vehicle inspects the commercial vehicle or causes it to be inspected daily prior to its first trip of the day.

 

         (2)    Where a trip is a continuous trip involving more than one day, the daily inspection shall take place no later than the first rest stop of each subsequent day.

 

         (3)    An inspection pursuant to subsection (1) shall include an inspection in accordance with Schedules I and II of Appendix “A”.

 

         (4)    An owner or operator shall ensure that the person who inspects a commercial vehicle pursuant to subsection (1) or (2) records, immediately upon completion of the inspection, in an inspection report, which shall be completed in duplicate, any safety-related defects in the items referred to in Schedules I and II of Appendix “A”, and if none, indicates so in the report.

 

         (5)    An inspection report required by subsection (4) shall include the following components:

 

                  (a)    the name of the owner or operator of the commercial vehicle;

 

                  (b)    the make of the commercial vehicle;

 

                  (c)    the number plate or unit number of the commercial vehicle;

 

                  (d)    a list of the items to be inspected as set out in Schedules I and II of Appendix “A”; and

 

                  (e)    a remarks section.

 

         (6)    In addition to any defects noted in an inspection required by subsection (1) or (2), the owner or operator shall ensure that the driver of the commercial vehicle, during or at the end of the day of the inspection, records in the remarks section of the inspection report required by subsection (4) any defects the driver observed while in charge of the vehicle during that day.

 

         (7)    Prior to operating a commercial vehicle, an owner or operator or its agent shall effect repair of any defects listed in the inspection report for that commercial vehicle that would be likely to affect the safe operation of the vehicle.

 

         (8)    An owner or operator shall ensure that a driver of the commercial vehicle does not operate the commercial vehicle when any defects listed in the inspection report would be likely to affect the safe operation of the vehicle.

 

         (9)    A person who repairs any defect in accordance with subsection (7) shall record in the appropriate inspection report the date on which the repair is completed and shall sign the entry in the report.

Section 42D added: O.I.C. 2002-571, N.S. Reg. 153/2002.


Inspection, repair and maintenance record requirements - owner or operator of a commercial vehicle

42E  (1)    An owner or operator shall maintain or cause to be maintained for each commercial vehicle under the owner or operator’s control the following records:

 

                  (a)    an identification of the vehicle including company number, if the vehicle is so marked, make, model, plate number, vehicle identification number, year and tire size, and, if the vehicle is not owned by the owner or operator, the name of the person furnishing the vehicle;

 

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

 

                  (c)    a record of each inspection, repair, lubrication and maintenance operation including the nature of the inspection, repair, lubrication or maintenance, the date on which it occurred and the odometer reading on the date; and

 

                  (d)    a record of any modification involving axles or suspensions that affects a manufacturer's gross vehicle weight rating or gross axle weight rating.

 

         (2)    An owner or operator shall keep at the owner or operator’s principal place of business the daily inspection report referred to in subsection 42D(5), as completed by the driver, for a period of 3 months from the date on which the report is completed.

Section 42E added: O.I.C. 2002-571, N.S. Reg. 153/2002.


Hours of work requirements - owner or operator of a commercial vehicle

42F  (1)    In this Section,

 

                  (a)    “adverse driving conditions” means conditions that adversely affect the driving of a commercial vehicle and includes snow, sleet, ice and fog conditions and any other unfavourable atmospheric, road or driving conditions, none of which were apparent or known by the driver or the dispatcher on the basis of existing information at the commencement of the trip;

 

                  (b)    “daily log” means a daily record that covers a 24-hour period and provides the information required to be kept pursuant to subsections 42G(3) and (4), and includes mechanical or electronic records for that period produced by a device permitted under subsection 42G(10);

 

                  (c)    “driving” means at the controls of a commercial vehicle being driven on a highway;

 

                  (d)    “duty status” means, in respect of a driver, any of the following:

 

                           (i)     off duty,

 

                           (ii)    driving, or

 

                           (iii)   on duty, other than driving;

 

                  (e)    “out of service” means the status of a driver with respect to whom an inspector makes a declaration pursuant to subsection (12); and

 

                  (f)     “24-hour period” means a period of any 24 consecutive hours beginning at the time designated by the owner or operator for the terminal from which a driver who is employed by the owner or operator is normally dispatched.

 

         (2)    Any reference in this Section to a number of consecutive days means a number of consecutive days commencing at the beginning of any 24-hour period.

 

         (3)    The hours on duty of a driver include the time spent by the driver

 

                  (a)    inspecting, servicing, repairing, conditioning or starting a commercial vehicle;

 

                  (b)    driving a commercial vehicle;

 

                  (c)    travelling as a co-driver;

 

                  (d)    participating in the loading or unloading of a commercial vehicle;

 

                  (e)    inspecting or checking the load of a commercial vehicle;

 

                  (f)     waiting, at the request of the owner or operator, for the driver's commercial vehicle to be serviced, loaded or unloaded;

 

                  (g)    waiting for the driver's commercial vehicle or load to be checked by an inspector or police officer;

 

                  (h)    travelling as a passenger in a motor vehicle, at the request of the owner or operator, to a work assignment that will begin before the driver has had 8 consecutive hours off duty;

 

                  (i)     waiting at an en route point because of an accident or other unplanned event; or

 

                  (j)     performing any other work in the capacity of or employ of an owner or operator or any other work for the purpose of gain.

 

         (4)    Subject to subsections (6), (7) and (9), an owner or operator shall not permit a driver of the commercial vehicle to drive

 

                  (a)    more than 13 hours following at least 8 consecutive hours off duty;

 

                  (b)    after completing 15 hours on duty following at least 8 consecutive hours off duty;

 

                  (c)    after completing 60 hours on duty during any period of 7 consecutive days;

 

                  (d)    after completing 70 hours on duty during any period of 8 consecutive days; or

 

                  (e)    after completing 120 hours on duty during any period of 14 consecutive days.

 

         (5)    During the 14-day period referred to in clause (4)(e), an owner or operator shall ensure that a driver of the commercial vehicle is off duty for a minimum 24-hour period prior to accumulating 75 hours on duty.

 

         (6)    Once in every 7 consecutive days, a driver’s hours off duty immediately prior to driving may be reduced to not less than 4 consecutive hours if the total number of hours off duty prior to commencing the next period is not less than 8 hours plus the number of hours by which the driver's hours off duty was reduced.

 

         (7)    The number of occasions during any period of 7 days when the driver does not have at least 8 consecutive hours off duty prior to driving shall not exceed one.

 

         (8)    Despite subsection (6), where an inspector is of the opinion that a reduction in the number of hours off-duty permitted by subsection (6) is jeopardizing or likely to jeopardize the safety or health of a driver, the inspector may direct that the driver have a specified number of hours off-duty immediately prior to driving.

 

         (9)    The Board may, upon application in writing by an owner or operator on the form and containing the information required by the Board, issue a permit extending any of the limitations set out in subsection (4) and the permit shall have effect for a period not exceeding 1 year.

Subsection 42F(9) amended: O.I.C. 2007-568, N.S. Reg. 413/2007.

 

         (10)  In issuing a permit under subsection (9), the Board may

 

                  (a)    consider any factors it considers relevant; and

 

                  (b)    impose such conditions as it considers necessary to ensure that the issue of the permit will not jeopardize the safety or health of any person.

 

         (11)  The Board may, for cause, suspend a permit issued under subsection (9).

 

         (12)  An inspector may declare a driver to be out of service if the inspector finds that the driver has violated any of the limits set forth in these regulations with respect to driving time or hours on duty, and the inspector shall immediately notify the driver and the owner or operator of the declaration.

 

         (13)  No owner or operator may permit a driver whom an inspector has declared to be out of service pursuant to subsection (12) to drive any commercial vehicle until the requirements of this Section are met to the satisfaction of the inspector.

Section 42F added: O.I.C. 2002-571, N.S. Reg. 153/2002.


Daily log requirements - owner or operator of a commercial vehicle

42G  (1)    In this Section,

 

                  (a)    “automatic on-board recording device” means any electric, electronic or electro-mechanical device capable of recording a driver's duty status hours accurately and automatically;

 

                  (b)    “home terminal” means the place of business of an owner or operator where a driver who is employed by the owner or operator normally reports for work.

 

         (2)    An owner or operator shall ensure that, unless exempted pursuant to subsection (8), a driver of the commercial vehicle maintains a daily log in duplicate for each 24-hour period.

 

         (3)    The daily log required by subsection (1) shall include the following information:

 

                  (a)    date;

 

                  (b)    driver's name;

 

                  (c)    odometer reading;

 

                  (d)    total distance driven per 24-hour period;

 

                  (e)    commercial vehicle number plate or unit number;

 

                  (f)     name of owner or operator;

 

                  (g)    signature of driver;

 

                  (h)    name of co-driver;

 

                  (i)     24-hour period starting time, if different from midnight;

 

                  (j)     main office address for each owner or operator; and

 

                  (k)    total hours spent in each duty status, for greater certainty including any hours of work required to be recorded pursuant to another enactment.

 

         (4)    An owner or operator shall ensure that a driver of the commercial vehicle incorporates a graph grid in the form set out in Appendix “B” into the driver’s handwritten daily log and completes the graph grid in accordance with the following procedures:

 

                  (a)    a continuous line shall be drawn between the appropriate time markers for each 24-hour period, recording the periods of time when the driver is off duty, on duty not driving, and driving;

 

                  (b)    the name of the municipality, city, town, village or highway location and province or state where each change of duty status occurs shall be recorded; and

 

                  (c)    the total hours spent in each duty status shall be entered to the right of the graph grid and the total of the entries shall equal 24 hours.

 

         (5)    An owner or operator shall ensure that if a driver of the commercial vehicle is issued fuel receipts, bills of lading, charter documents and accommodation receipts during a trip, the driver retains them and produces them for inspection on the demand of an inspector.

 

         (6)    No owner or operator shall operate, or permit a driver of the commercial vehicle to drive, the commercial vehicle unless the driver has in the driver’s possession

 

                  (a)    copies of

 

                           (i)     the driver’s daily logs for the preceding 7 consecutive days, or

 

                           (ii)    if operating in compliance with clause 42F(4)(e), copies of the driver's daily logs for the previous 14 consecutive days; and

 

                  (b)    the driver's current daily log completed to the time at which the last change in duty status occurred.

 

         (7)    An owner or operator shall ensure that a driver of the commercial vehicle enters into a daily log the information set out in subsection (3), except for clauses (d) and (k), prior to the commencement of driving on the day to which the log applies, and the information in clauses (d) and (k) on completion of work for that day.

 

         (8)    Subject to subsection (9), a driver shall be exempt from maintaining a daily log while driving a commercial vehicle not travelling beyond a radius of 160 km (100 mi.) from the location at which the driver reports to work if the driver returns to that location and is released from work within 15 hours and the owner or operator maintains and retains for a period of 6 months accurate records of the following:

 

                  (a)    the time the driver reports for work each day;

 

                  (b)    the total number of hours the driver is on duty each day; and

 

                  (c)    the time the driver is released from duty each day.

 

         (9)    An owner or operator shall ensure that a driver employed by the owner or operator who is normally exempt under subsection (8) from maintaining a daily log shall, when the driver is driving a commercial vehicle in circumstances where the driver is required to make a daily log, enter in the log the total hours on duty for the period of 7 consecutive days preceding the day on which the driver is required to make a daily log.

 

         (10)  An owner or operator may permit a driver of the commercial vehicle to use an automatic on-board recording device to record the driver's hours of work if

 

                  (a)    the driver has in the driver’s possession true copies of the driver’s daily logs for the preceding 7, 8 or 14 consecutive days, as applicable, which logs may consist of information stored in and retrievable from the automatic on-board recording device, handwritten or computer-generated logs or any combination thereof;

 

(b)the device is capable of displaying

 

                           (i)     hours of driving and hours on duty for each day the device is being used,

 

                           (ii)    available on-duty hours remaining in the 7, 8 or 14 consecutive days, as applicable, or total hours on duty accumulated for the 7, 8 or 14 consecutive days, as applicable, and

 

                           (iii)   the sequential changes in duty status and the times the changes occur for each day the device is being used;

 

                  (c)    the driver is capable of preparing a daily log containing the information required under subsection (3) from the device for each day of the 7, 8 or 14 consecutive days, as applicable;

 

                  (d)    the device automatically records time and movement for the commercial vehicle;

 

                  (e)    all hard copies of the daily logs are signed by the driver certifying the information to be true and correct; and

 

                  (f)     daily log forms are available in the commercial vehicle for the driver's use in preparing daily logs.

 

         (11)  An owner or operator shall ensure that a driver of the commercial vehicle shall, within 20 days of working as a commercial vehicle driver for that owner or operator,

 

                  (a)    if the driver worked for only that owner or operator, forward the original of each daily log for the period worked to the driver’s home terminal or to the principal place of business of that owner or operator; or

 

                  (b)    if the driver worked for more than one owner or operator, forward the original of each daily log for the period worked to the driver’s home terminal or to the principal place of business of the owner or operator for whom the driver worked the greatest number of hours, and a copy of each daily log for the period worked to each additional owner or operator for whom the driver worked.

 

         (12)  An owner or operator shall ensure that a driver of the commercial vehicle who works for more than one owner or operator during a 24-hour period shall, at the end of each 24-hour period worked, forward as soon as practicable to each of the owners or operators for whom the driver worked that 24-hour period a copy of the driver’s daily log.

 

         (13)  An owner or operator shall ensure that all daily logs and supporting documentation are kept for a period of not less than 6 months and are readily available for inspection upon request by an inspector at the owner or operator’s principal place of business.

 

         (14)  Daily logs kept pursuant to subsection (13) may be retained at the home terminal of the driver who submitted them for not more than 30 days and shall then be forwarded for retention to the owner or operator’s principal place of business.

 

         (15)  No owner or operator shall falsify a daily log or any information that is stored in an automatic on-board recording device, or request, require or permit the daily log or the information to be falsified, nor shall an owner or operator falsify any supporting documents or other information required by this Section.

 

         (16)  For the purpose of compliance with this Section, an owner or operator shall only permit a driver of the commercial vehicle to maintain one daily log in respect of a day, whether or not a daily log or part of a daily log is required to be maintained pursuant to another enactment.

Section 42G added: O.I.C. 2002-571, N.S. Reg. 153/2002.


Inspection, repair and maintenance standards - owner or operator of a commercial vehicle

42H  (1)    An owner or operator shall systematically inspect, repair and maintain or cause to be systematically inspected, repaired and maintained all commercial vehicles subject to its control and shall ensure that

 

                  (a)    parts and accessories are in safe and proper operating condition at all times and comply with the Commercial vehicle Component Performance Standards set forth in Appendix “C” and any applicable standards under the Motor Vehicle Act;

 

                  (b)    replacement parts are

 

                           (i)     designed for the particular application for which they are used,

 

                           (ii)    properly installed, and

 

                           (iii)   where practical, certified by a recognized standards testing organization; and

 

                  (c)    each commercial vehicle is

 

                           (i)     properly lubricated in a manner that as a minimum conforms with the manufacturer’s recommended frequency and procedure, and

 

                           (ii)    free of oil and grease leaks.

 

         (2)    Every owner or operator shall retain all records required under this Section at the owner or operator’s principal place of business for a period of 2 years, and for records relating to a vehicle that has left the owner or operator’s control, for a period of 6 months after the vehicle has left the owner or operator’s control.

Section 42H added: O.I.C. 2002-571, N.S. Reg. 153/2002.


Conditions of carriage

43     The conditions of carriage of parcel express by a motor carrier on a public passenger vehicle are prescribed in Appendix “X” and are deemed to be part of every contract of carriage of parcel express by a motor carrier on a public passenger vehicle and shall be contained or incorporated by reference in every express receipt relating to the carriage of parcel express by a motor carrier on a public passenger vehicle.

 

44     Every motor carrier shall, at the time of acceptance of a shipment of parcel express for transportation on a public passenger vehicle, issue or cause to be issued an express receipt in accordance with these regulations.

 

45     Express receipts shall show the name of shipper, originating point of shipment, date of shipment, name of consignee, delivery point of shipment, itemized statement of shipment giving number of pieces or quantity of articles, contents of packages or particulars of articles, value and gross weight of each commodity or article, and shall contain or incorporate by reference, all the Conditions of Carriage set out in Appendix “X”.

 

46     (1)    Express receipts shall be issued in two or more copies.

 

         (2)    The original shall be delivered to the shipper and the copy of the receipt, referred to as a shipping order, or in lieu thereof an expense bill or way-bill must be retained by the carrier and shall be filed at the main office of the carrier for a period of three years, subject to the inspection of the Board or its duly authorized representative.

 

47     Every express receipt shall be signed by the motor carrier as being a correct itemized list of packages or goods in the shipment.

 

48     An express receipt shall cover only goods received from one shipper, picked up at one place, and consigned to one consignee at one destination and delivered at one place.

 

49     The shipping order or, in lieu thereof, an expense bill or way-bill or similar document showing shipper's name, point of origin, date of shipment, name of consignee, destination, connecting carriers if any and itemized statement of shipment, must be in the possession of the driver of a public passenger vehicle while the parcel express is being carried thereon and is subject to inspection by any peace officer while the parcel express is being transported.


Temporary operations

50     An application for a temporary authority pursuant to Section 9 of the Act shall be in the form required by the Board.

Section 50 amended: O.I.C. 2007-568, N.S. Reg. 413/2007.


Exemptions

51     The following public passenger vehicles or classes of public passenger vehicles are wholly exempt from the provisions of the Act and the regulations made under the Act:

 

                  (a)    public passenger vehicles from another province of Canada or from a state of the United States of America carrying a party of tourists making tours of Nova Scotia under contracts made outside the Province, provided all passengers brought into the Province are taken out of the Province;

 

                  (b)    a public passenger vehicle, other than a school bus or a commercial vehicle, that has a seating capacity of 8 passengers or less excluding the driver.

Clause 51(b) replaced: O.I.C. 2002-571, N.S. Reg. 153/2002.


Clause 51(c) repealed: O.I.C. 96-86, N.S. Reg. 27/96.

 

51A  Subject to Section 42A, a public passenger vehicle, other than a convertible vehicle, which is

 

                (a)    a passenger car;

 

                (b)    a multipurpose passenger vehicle of the 1994 model year or subsequent model years;

 

                (c)    a special transit facility of a designed seating capacity of 11 to 14 passengers;

 

                (d)    a motor vehicle

 

                         (i)     owned and operated by a parent of a pupil for whom the transportation service is provided, or

 

                         (ii)    owned by a parent of a pupil or the pupil, and operated by the pupil,

 

that is only being operated for the purpose of providing transportation to that pupil; or

Clause 51A(d) replaced: O.I.C. 97-308, N.S. Reg. 53/97.

 

                (e)    a truck of the 1994 model year or subsequent model years,

Clause 51A(e) added: O.I.C. 98-79, N.S. Reg. 13/98.

 

when used as a school bus, is exempt from the Act and the regulations made under the Act.

Section 51A added: O.I.C. 96-86, N.S. Reg. 27/96.

 

51B  A commercial vehicle is exempt from the Act and the regulations made under the Act except for

 

                (a)    Section 2 and Sections 42B to 42H;

Clause 51B(a) replaced: O.I.C. 2013-402, N.S. Reg. 342/2013.

 

                (b)    the provisions of the Governor in Council Public Passenger Motor Carrier Act Regulations respecting commercial vehicles;

 

                (c)    the provisions of the regulations respecting fees payable by motor carriers made by the Governor in Council pursuant to subsection 26(1) of the Act; and

 

                (d)    Sections 32 to 38 of the Act.

Section 51B added: O.I.C. 2002-571, N.S. Reg. 153/2002.

 

52   A motor carrier who operates a British made Double Decker Transit Bus as a public passenger vehicle within an area in the Province that has been approved by the Registrar of Motor Vehicles and by the Board, and the vehicle so operated, is exempted from these regulations prescribing physical requirements and features that the public passenger vehicle cannot meet without structural modifications and regulations with respect to equipment and accessories that have not been installed in the vehicle.

 

53   The converted 1972 37.5 horsepower Massey Ferguson diesel farm tractor with a homemade trailer built to resemble a dory operated by the Lunenburg Board of Trade within the Town of Lunenburg as a public passenger vehicle is wholly exempt from the provisions of the Act and regulations made under the Act.

 

54   The Cape Breton-Victoria Regional School Board may operate a four-wheel drive vehicle as a public passenger vehicle to convey students from Meat Cove, Inverness County, to and from schools operated by the Northside-Victoria District School Board and the vehicle is exempted from Section 12 of the Act, Section 11, clauses (d) and (m) of subsection (1) of Section 20 and Sections 25, 33 and 42 of these regulations.

Section 54 amended: O.I.C. 2007-568, N.S. Reg. 413/2007.

 

55   (1)    Subject to subsection (2), a motor carrier who operates an amphibious vehicle as a public passenger vehicle within a municipality in the Province and who has been authorized by the municipality, the Registry of Motor Vehicles and the Nova Scotia Utility and Review Board to operate such a vehicle, is exempted from the regulations prescribing structural requirements and features that the public passenger vehicle cannot meet without modifications.

 

       (2)    An amphibious vehicle shall

 

                (a)    be equipped to permit passengers to embark and disembark en route; and

 

                (b)    be equipped with a windshield, windshield wiper and washer system which conforms to the requirements of the Motor Vehicle Act and regulations.

Section 55 added: O.I.C. 1999-244, N.S. Reg. 52/99.



Appendix “A” - Daily Inspections


Schedule I - Outside Inspection


The outside of the commercial vehicle shall be inspected to ensure that

 

(a)   all lights and reflectors are equipped and functioning as required under the Motor Vehicle Act and the regulations made thereunder;

 

(b)   wheels and fasteners are free of wheel or rim cracks and defective lock rings, and there are no loose or missing fasteners;

 

(c)   tires have a minimum tread depth of 3.175 mm (4/32 in.), there are no flats, noticeable leaks, visible bumps or bulges, bias and radial tires are not together on same axle, and no tire has contact with any part of the vehicle or any other tire;

 

(d)   the fuel system has no visible leak at any point, there are no missing tank filler caps, and its fuel tank is securely mounted;

 

(e)   the exhaust system has no audible leaks, missing or loose components, or insecure mountings;

 

(f)   the suspension, springs, air bags and controlling attachments are free of any

 

       (i)     cracked, broken, loose or missing axle positioning or fastening parts,

 

       (ii)    broken or missing spring leaves,

 

       (iii)   broken coil springs, or

 

       (iv)   deflated air suspension due to system failure;

 

(g)   the hydraulic brake fluid is at the correct level and is not visibly leaking;

 

(h)   the power steering fluid is at the correct level and is not visibly leaking; and

 

(i)   the mirrors are as required by the Motor Vehicle Act and the regulations made thereunder, and are in good condition and able to be adjusted as intended.


Schedule II - Inside Inspection


The inside of the commercial vehicle shall be inspected to ensure that

 

(a)   the steering wheel is free of excessive play and looseness;

(b)   the brake pedal reserve is adequate and there is no fade;

(c)   the brake booster functions as intended;

(d)   the brake failure warning light functions as intended;

(e)   the brake air pressure or vacuum gauge functions as intended and there is adequate reserve;

(f)   the low pressure or low vacuum warning signal functions as intended;

(g)   the windshield washers and wipers function as intended;

(h)   the windshield and windows afford the driver a clear view;

(i)   the mirrors are in good condition and able to be adjusted as intended;

(j)   the defroster and heater function as intended;

(k)   the horn functions as intended;

(l)   the driver and passenger seat belts and seat security function as intended;

(m) the parking brake is adequate to hold the vehicle in a parked position on any grade; and

(n)   the emergency equipment as required by clause 42C(1)(c) is in place.

Appendix “A” added: O.I.C. 2002-571, N.S. Reg. 153/2002.





Appendix “B”

Graph Grid






















Appendix “B” added: O.I.C. 2002-571, N.S. Reg. 153/2002.



Appendix “C”

Commercial vehicle Component Performance Standards


General

1     Body, sheet metal and equipment:

 

                (a)    no bumper, fender or mudguard shall have been removed;

 

                (b)    each bumper shall be securely mounted;

 

                (c)    each mud flap, where applicable, shall be in position;

 

                (d)    no bumper, fender, molding or other part shall have a broken, bent or sharp edge that protrudes so as to present a hazard to persons or vehicles;

 

                (e)    no hood latch shall be missing or fail to hold the hood closed and no safety catch, in the case of a front opening hood, shall be missing or inoperative;

 

                (f)    the floor and step well covering shall not be cracked, curled, loose or worn so as to present a tripping hazard;

 

                (g)    each stanchion, grab handle, guard rail and guard panel shall be securely mounted and no fastening part shall be missing;

 

                (h)    where originally installed by the manufacturer, no energy-absorbing material shall be missing from stanchions and guard rails or from the tops or sides of seat backs;

 

                (i)     every occupant seat shall be securely mounted and shall maintain its position and adjustment;

 

                (j)     where seat belts are required under the provisions of the Motor Vehicle Safety Act (Canada), no seat belt assembly or anchorage shall have been removed, rendered partly or wholly inoperative or modified so as to reduce their effectiveness;

 

                (k)    if fitted with a seat belt assembly or assemblies, each belt anchorage shall be secure, each buckle and retractor shall operate as intended, and no belt webbing shall have damage apparent on visual inspection that would reduce its effectiveness;

 

                (l)     if fitted, a driver's sun visor shall function as intended;

 

                (m)   in the case of a commercial vehicle other than a special transit facility or a bus used for the purpose of transporting prisoners or other persons held in custody, an emergency exit

 

                         (i)      consisting of a door, to which there shall be a clear passageway, shall

 

                                    (A) be located on an alternate side to the entrance of the vehicle,

 

                                    (B)  have a release mechanism that, when actuated, functions from inside the vehicle as well as from outside the vehicle, where fitted with outside release, and

 

                                    (C)  open freely and close securely,

 

                         (ii)     consisting of a hinged push-out window shall be manually tested to ensure that it opens outward when the release mechanism is actuated, and adequate direction for its use shall be displayed on or adjacent to it, or

 

                         (iii)    consisting of a roof hatch shall open outward when the release mechanism is actuated and a reasonable amount of manual force is applied, and adequate direction for its use shall be displayed on or adjacent to it,

 

and the emergency exit’s audible or visible warning device, if originally fitted, shall function properly;

 

                (n)    each overhead package shelf, if fitted, shall be securely mounted and shall not have any broken, missing, excessively worn or excessively stretched package retaining components;

 

                (o)    in the case of a commercial vehicle that is a special transit facility,

 

                         (i)      if fitted with wheelchair securement devices, each device anchorage shall be secure, each component part shall operate as intended and no component part shall have damage apparent on visual inspection that would reduce its effectiveness,

 

                         (ii)     if fitted with occupant restraint assemblies, each component part shall operate as intended and no component part shall have damage apparent on visual inspection that would reduce its effectiveness,

 

                         (iii)    if fitted with occupant restraint assemblies anchored to the vehicle, each restraint assembly anchorage shall be secured,

 

                         (iv)    all devices used to secure passenger access or emergency exit doors in the open position shall operate as intended and shall have no damage apparent on visual inspection that would reduce their effectiveness,

 

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

 

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

 

                         (vii)   no plate, cover or energy-absorbing material required to protect persons from sharp edges or corners shall be missing, worn or damaged so as to reduce its effectiveness,

 

                         (viii)  as a minimum, the vehicle shall meet the requirements of CSA D409-92, Motor Vehicles for the Transportation of Persons with Physical Disabilities, as amended.

 

2     Occupant compartment door:

 

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

 

                (b)    in the case of a vehicle having a separate exit door other than a door to be used only in an emergency,

 

                         (i)      when the driver's door control is in the closed position and the exit door is fully closed, the door shall not open when a moderate amount of manual force is applied in an attempt to open it and the audible or visible warning device, if fitted, shall function properly,

 

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

 

                         (iii)    if the exit door is fitted with sensitive edges, when the door is not fully closed

 

                                    (A) manual pressure applied to each sensitive edge shall cause the door to reopen,

 

                                    (B)  the audible or visual warning device, if fitted, shall function properly,

 

                                    (C)  the brake and accelerator interlock systems, if fitted, shall automatically apply the rear brakes and hold them in the applied position, and

 

                                    (D) 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.

 

3     Exterior compartment door: each exterior compartment door shall

 

                (a)    be securely attached to the body;

 

                (b)    function properly; and

 

                (c)    be equipped with a lock, latch or spring device that shall hold it closed.

 

4     Chassis frame, underbody and body mounts:

 

                (a)    no chassis frame member or structural member of a unitized or monocoque body shall be visibly cracked or perforated by corrosion, or have loose or missing connecting fasteners that may degrade the safety of the vehicle or jeopardize its handling characteristics;

 

                (b)    the underbody shall not be visibly perforated by rust or otherwise damaged or have any opening other than those intended by the manufacturer.

 

5     Drive shaft hanger brackets and guards:

 

                (a)    no fasteners shall be missing, loose or damaged;

 

                (b)    no drive shaft guard or hanger bracket shall be insecure or missing.

 

6     Mirrors:

 

                (a)    no mirror prescribed by or under the Motor Vehicle Act shall be missing;

 

                (b)    each mirror shall be securely mounted and maintain a set adjustment;

 

                (c)    no mirror shall be cracked, broken or have any significant reduction in reflecting surface owing to deterioration of the silvering;

 

                (d)    in the case of a vehicle where there is no rear window or where the view through the rear window is restricted in such a way as not to afford the driver a clear view to the rear of the vehicle, the outside rearview mirror or mirrors shall not be missing.

 

7     Windshield and windows:

 

                (a)    where glass is used, there shall be no evidence of its being other than safety glass;

 

                (b)    any manufacturer's marking

 

                         (i)      on the windshield shall be AS1 or AS10,

 

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

 

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

 

                (c)    no material that obstructs the driver's view of the highway or of an intersecting highway shall be fitted in the windshield opening or in a side window opening to the left or right of the driver's seat;

 

                (d)    no material other than safety glass shall be used for a windshield;

 

                (e)    no safety glass in the windshield or in any side window to the left or right of the driver's seat shall be scratched, cracked, clouded or fogged so as to materially impair vision;

 

                (f)    no safety glass shall have exposed sharp edges or be missing in part;

 

                (g)    banding on exposed edges of safety glass, if originally fitted, shall not be missing, loose or broken;

 

                (h)    there shall be no star, stone chip or crack in the area of the windshield swept by the driver's wiper blade that may interfere with the driver's vision;

 

                (i)     any window to the left of the driver's seat that is suitable for the purpose of permitting a signal by means of the hand or arm shall open readily.

 

8     Fuel system:

 

                (a)    no mounting or attachment shall be missing or insecure;

 

                (b)    no filler cap shall be missing or insecure;

 

                (c)    no leakage shall occur at any point in the fuel system;

 

                (d)    in addition to clauses (a) to (c), all pressurized fuel systems shall meet Canadian Gas Association (CGA) Standards.

 

9     Exhaust system (including manifolds):

 

                (a)    no exhaust pipe, muffler or tail pipe shall be missing or insecurely mounted;

 

                (b)    no leakage shall occur at any point in the exhaust system except through drain holes provided by the manufacturer;

 

                (c)    no component shall be so located as to cause charring or other heat damage to any wiring, fuel line, brake line or combustible material of the vehicle;

 

                (d)    no component shall pass through the occupant compartment;

 

                (e)    no component shall be so located or unguarded that an individual may be burned by it on entering or leaving the vehicle;

 

                (f)    no exhaust system shall 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 in no case shall the distance between the outlet and periphery of the underbody past which it directs the exhaust exceed 15 cm.


Brakes

10   (1)    Hydraulic, vacuum and air system components (including reservoirs, fittings, valves, supports, hose clamps, connections, air chambers, air cleaners, hoses and tubes):

 

                (a)    with vacuum hydraulic or air boost systems fully charged there shall be no hydraulic or vacuum leak in the service brake system while the service brakes are fully applied or released;

 

                (b)    no hydraulic, air or vacuum hose or tube shall be abraded, restricted, crimped, cracked, broken, disconnected or be so located as to chafe against any part of the vehicle or have damaged or missing clamps or supports;

 

                (c)    the brake tubing shall not show any indication of leakage or heavy corrosion scaling;

 

                (d)    the hydraulic fluid level in any reservoir shall not be below the minimum level as specified by the manufacturer or, where no specification is given by the manufacturer, no more than 10 mm (0.394 in.) below the lowest edge of each filler opening;

 

                (e)    the air cleaner of the vacuum system or air compressor shall not be clogged.

 

       (2)    Mechanical components: mechanical components of the service, parking and emergency brake systems shall not be misaligned, insecure, excessively worn, broken, binding, seized, missing, frayed or disconnected.

 

       (3)    Hydraulic system and related warning devices:

 

                (a)    a hydraulic master cylinder push rod shall be properly adjusted;

 

                (b)    in the case of a vehicle equipped with dual circuit hydraulic brakes, the brake failure warning lamp shall be operative;

 

                (c)    with moderate foot force maintained on the service brake pedal for 10 seconds and, in the case of power-boosted brakes, with the engine running

 

                         (i)      the total pedal travel shall not exceed 80% of the total available travel, and

 

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

 

                (d)    with heavy foot force applied to the service brake pedal and, in the case of power-boosted brakes, with the engine running

 

                         (i)      the total pedal travel shall not exceed 80% of the total available travel, and

 

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

 

                (e)    despite clause (d), where a commercial vehicle is equipped with a HYDRA BOOST braking system, the foot force applied to the pedal shall not exceed 266.89 N (60 lbf).

 

       (4)    Power-boosted hydraulic brakes:

 

                (a)    in the case of a vehicle equipped with power-boosted hydraulic brakes, after the engine has been stopped and the vacuum 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;

 

                (b)    in the case of a vehicle 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.

 

       (5)    Vacuum gauge and low vacuum warning device:

 

                (a)    the vacuum gauge shall be operative;

 

                (b)    with engine stopped, the warning device shall operate before the vacuum reserve drops to less than 27.0148 kPa (8 in. of mercury) or, if no vacuum gauge is fitted, there shall be at least one boosted brake application available after the warning device operates.

 

       (6)    Parking brake:

 

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

 

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

 

       (7)    Emergency brake system:

 

                (a)    the emergency brakes, while set in the fully applied position with the transmission in a low forward gear shall hold the vehicle stationary against the engine at a light throttle setting for a few seconds;

 

                (b)    there shall be reserve travel available beyond the full brake application position;

 

                (c)    the emergency brakes shall fully release when the release control is operated.

 

       (8)    Service brakes: the service brakes shall be properly adjusted.


Engine controls and steering

11   (1)    Engine controls:

 

                (a)    the engine speed shall drop to idle when the accelerator pedal is released;

 

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

 

       (2)    Power-boosted steering:

 

                (a)    the power steering drive belt shall not be missing, cut, frayed or excessively worn and shall have correct tension;

 

                (b)    the fluid in the power steering reservoir shall not be lower than the minimum level specified by the vehicle manufacturer;

 

                (c)    with the engine running,

 

                         (i)      the power steering shall operate as intended, and

 

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

 

       (3)    Steering column and box:

 

                (a)    the steering column and box or boxes shall not be loose in their mounting to the body frame;

 

                (b)    no bolt or nut shall be loose or missing from a mounting;

 

                (c)    steering shaft couplings and spines shall not have excessive play;

 

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

 

       (4)    Wheel alignment: while all wheels are on the ground and the front wheels are in a straight-ahead position, they shall not be visibly out of alignment.

 

       (5)    Steering linkage:

 

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

 

                         (i)      the limit designated by the vehicle manufacturer, or

 

                         (ii)     in the case where the limit is not designated, 30°, or

 

                         (iii)    the maximum limits set forth in the following table:


Diameter

Manual system

Power system

41 cm (16.4 in.)

5 cm (2 in.)

11 cm (4.4 in.)

46 cm (18.4 in.)

6 cm (2.4 in.)

12 cm (4.8 in.)

51 cm (20.4 in.)

6 cm (2.4 in.)

13 cm (5.2 in.)

56 cm (22.4 in.)

7 cm (2.8 in.)

15 cm (6 in.)

 

                (b)    there shall be no play in a steering linkage joint in excess of the limit designated by the vehicle manufacturer, or in the case where the limit is not designated, 30°;

 

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

 

                (d)    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, no front wheel shall have play about a vertical axis of

 

                         (i)      6 mm (0.236 in.) for a tire diameter designation of 400 mm (16 in.) or less,

 

                         (ii)     9 mm (0.354 in.) for a tire diameter designation that is larger than 400 mm (16 in.) but not larger than 450 mm (18 in.), or

 

                         (iii)    12 mm (0.472 in.) for a tire diameter designation that is larger than 450 mm (18 in.) as measured at the extreme front or rear of the tire tread face;

 

                (e)    no part of the steering linkage system shall be damaged, repaired or modified so as to weaken the linkage system or affect the proper steering of the vehicle;

 

                (f)    no nut, bolt or cotter pin shall be loose, excessively worn or missing.


Suspension

12   (1)    General:

 

While the wheels of the vehicle are off the ground so that the suspension joints are not under load,

 

                (a)    no non-load carrying ball joint shall show any perceptible play other than that specified by the manufacturer;

 

                (b)    no load-carrying ball joint shall have play in excess of that specified by the vehicle manufacturer;

 

                (c)    in the case of king pins, no front wheel shall have a rocking play about a horizontal axis in excess of

 

                         (i)      6 mm (0.236 in.) for a tire diameter designation of 400 mm (16 in.) or less,

 

                         (ii)     9 mm (0.354 in.) for a tire diameter designation that is larger than 400 mm (16 in.) but not larger than 450 mm (18 in.), or

 

                         (iii)    12 mm (0.472 in.) for a tire diameter designation that is larger than 450 mm (18 in.), as measured at the extreme top or bottom of the tire tread face;

 

                (d)    no control arm inner pivot shall have excessive play;

 

                (e)    no wheel or axle bearing shall give any indication of excessive wear or damage when the bearing is rotated;

 

                (f)    no wheel or axle bearing shall 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 show no excessive wear;

 

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

 

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


Electrical components

13   (1)    Horn:

 

                (a)    the horn shall not be loose on its mounting;

 

                (b)    the horn shall function properly.

 

       (2)    Windshield washer and wiper systems:

 

                (a)    the windshield washer system shall function properly;

 

                (b)    each wiper arm and blade assembly shall sweep the area intended by the vehicle manufacturer;

 

                (c)    no part of the windshield wiper system shall be missing, badly worn or deteriorated so as to impair its effectiveness.

 

       (3)    Heating and defrosting systems:

 

                (a)    the heating system shall function as intended;

 

                (b)    the visible portions of the hoses and piping for the interior heaters routed within the occupant compartment shall not be abraded, cracked or leaking;

 

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

 

       (4)    Neutral safety starting switch:

 

                (a)    the neutral safety starting switch shall not have been removed;

 

                (b)    the starter shall operate only with the gear selector or transmission in park (“P”) or neutral (“N”).

 

       (5)    Speedometer: the speedometer shall be in good working order.

 

       (6)    Lamps and reflectors:

 

                (a)    each circuit shall light the filaments of all lamps on that circuit when the appropriate switch is in the “ON” position, and each indicator lamp shall operate correctly;

 

                (b)    the operation of any lighting circuit shall not interfere with the operation of any other circuit;

 

                (c)    each lens and reflex reflector shall be correctly installed and shall not be discolored or missing in whole or in part;

 

                (d)    each lamp and reflector shall be securely mounted on the vehicle and none shall be missing;

 

                (e)    the turn signal lamps and the flasher unit shall operate properly;

 

                (f)    in the case of a commercial vehicle that is a special transit facility,

 

                         (i)      all interior lamps, including step well lamps, shall light when the appropriate switch is in the “ON” position, and

 

                         (ii)     the lights provided to illuminate the loading equipment and step nosings shall light when the appropriate switch is in the “ON” position or when the doors are opened;

 

                (g)    no headlamp shall be coated with a coloured lacquer;

 

                (h)    no headlamp shall be modified by the attachment to the lamp or to the vehicle of any device that reduces the effective area of the lens or the brightness of the light;

 

                (i)     each headlamp shutter or retracting headlamp shall operate over the full range of movement or shall be secured in the fully open position;

 

                (j)     all headlamps shall be properly aligned.


Tires and wheels

14   (1)    In this Section, “construction type” means a type of tire carcass such as bias ply, belted bias ply or radial ply but does not include variations in tread pattern or in cord material such as rayon, polyester and nylon used in building a tire carcass.

 

       (2)    Tires:

 

                (a)    all tire pressures shall be maintained to manufacturer's specifications;

 

                (b)    no tire shall be worn to the extent that

 

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

 

                         (ii)     the tread is worn to the point where less than 3.175 mm (4/32 in.) of tread groove depth remains at each point at which gauge readings are obtained,

 

                (c)    in addition to subclause (b)(ii), no tire shall show any indication of siping;

 

                (d)    no tire shall have exposed cord;

 

                (e)    no tire shall have tread or sidewall cuts or snags deep enough to expose the cords;

 

                (f)    no tire shall have any abnormal visible bump, bulge, or knot;

 

                (g)    no tire shall have been regrooved or recut below the original new tire groove depth, other than a tire specifically designed for recutting and marked as being so designed;

 

                (h)    no front tire shall have been altered by the addition of material to produce a new tread surface;

 

                (i)     no tire shall be of a smaller size than the vehicle manufacturer's specified minimum size or be sufficiently oversized to contact any vehicle component;

 

                (j)     except for a vehicle fitted with dual rear tires, no mixture of construction types consisting of radial ply tires on the front and bias ply or belted-bias ply tires on the rear shall be fitted;

 

                (k)    no mixture consisting of 60-series or 50-series tires on the front and other series tires on the rear shall be fitted;

 

                (l)     no combination of construction types or sizes, except where stated to be equivalent by tire industry standards, shall be fitted on an axle;

 

                (m)   tires in a dual tire set shall not be in contact with each other or differ from each other in overall diameter by more than 13 mm (0.512 in.) or in circumference by more than 88 mm (3.465 in.);

 

                (n)    no vehicle shall be fitted with a tire that

 

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

 

                         (ii)     bears the letters “NHS”, “ML”, “MH”, “ST” or “HC” after the tire designation.

 

       (3)    Wheels:

 

                (a)    no wheel stud, bolt, clamp, nut or lug shall be loose, missing, damaged, broken, mismatched or have insufficient thread engagement;

 

                (b)    no disc wheel assembly shall

 

                         (i)      have any visible crack, elongated bolt hole or indication of repair by welding, or

 

                         (ii)     be so bent or damaged as to affect the safe operation of the vehicle;

 

                (c)    no wheel rim or lock ring shall be mismatched, bent, sprung, or otherwise damaged so as to affect the safe operation of the vehicle;

 

                (d)    no cast wheel shall show evidence of excessive wear in the clamp area;

 

                (e)    no wheel spoke shall be missing, loose or broken.

 

15   Number plates: no number plate shall be missing, damaged, faded, discolored or have paint removed so as to impair readability.

Appendix “C” added: O.I.C. 2002-571, N.S. Reg. 153/2002.



Appendix “X”

Conditions of Carriage of Parcel Express

 

1     Every agreement entered into between the shipper and the carrier shall extend to and be binding upon the shipper and all persons in privity with him claiming or asserting any right to the ownership or possession of the shipment, and the benefit of every such agreement shall insure [enure] to every person or carrier to whom the shipment may be delivered for the performance of any act or duty in respect thereof, or in whose custody or charge the same may lawfully be, or on whose vehicles the same is being carried under the agreement, and shall apply to any reconsignment or return thereof.

 

2     The carrier of any of the goods herein described shall be liable for any loss thereof or damage thereto, except as hereinafter provided.

 

3     The liability of the carrier upon any shipment is limited to the value declared by the shipper and embodied in the agreement, but in no case shall the liability exceed the actual value of the shipment at the time of the receipt thereof by the carrier, including express and other charges, if paid, and duty payable or paid and not refunded. The liability of the carrier in respect of any one shipment shall not exceed fifty dollars, unless a greater value is declared by the shipper and paid for at the time of shipping, but in no case shall the liability exceed the actual value of the shipment.

 

4     Money, specie, completely signed and executed bonds, coupons, bank notes, and negotiable paper or incompletely executed legal tender and bank notes, jewellery and precious stones shall not be included with shipment of ordinary freight, and if so packed, the carrier shall not be responsible for loss or damage to such goods.

 

5     The carrier shall not be liable for

 

       (a)    differences in weight or quantity caused by shrinkage, leakage, or evaporation, or for loss or damage occurring after forty-eight hours (exclusive of legal holidays) after notice of the arrival of the shipment at destination, or at point of delivery, has been mailed to the address of the consignee, unless in either case such loss or damage is caused by the negligence of the carrier;

 

       (b)    any loss, damage or delay caused by an act of God, riots, strikes, defect, or inherent vice in the goods, or the Queen's enemies, the authority of the law, quarantine, act or default of the shipper or owner;

 

       (c)    any loss or damage caused by delay or by injury to, or loss or destruction of the shipment, or any part thereof, from conditions beyond the control of the carrier unless such loss or damage is caused by the negligence of the carrier upon whose motor vehicle or property the shipment was at the time such loss or damage occurred;

 

       (d)    any loss or damage occurring in customs warehouse;

 

       (e)    any loss or damage, or delay resulting from improper or insufficient packing, securing, or addressing or from chafing when packed in bales;

 

       (f)     any loss or damage, if the provisions of Section 4 be violated in whole or in part;

 

       (g)    any damage to or loss of any fragile articles or to shipments consisting wholly or in part of or contained in glass, unless so described upon the package containing the same, unless such damage or loss is due to the negligence of the carrier, his agents or employees;

 

       (h)    any loss or damage from delays beyond his control, or caused by the refusal of any railway stage or other transportation line to receive or forward the said property owing to any unusual or unforeseen movement of or interference with traffic;

 

       (i)     any loss or damage in any way, arising out of the examination by or partial delivery to the consignee of C.O.D. shipments;

 

       (j)     any loss or damage to shipments arising from the conditions of such, or from their nature, or propensities, or for delay, injury to, or loss of such, unless such delay, injury, or loss is caused by the negligence of the carrier;

 

       (k)    any loss or damage occurring to the shipments addressed to points where there is no agent of the carrier after such shipments have been left at such place;

 

       (l)     non-delivery or loss or destruction of the shipment unless written notice thereof is given at any office of the carrier within thirty days after the time delivery should in the ordinary course of transit, have been made;

 

       (m)   any damage, partial loss, or shortage, unless written notice thereof is given at any office of the carrier within thirty days after delivery.

 

6     Duty and customs-house expenses shall be guaranteed by the shipper.

 

7     Conditions as to delivery:

 

       (a)    at points where the carrier has delivery services, tender of the shipment for delivery to the consignee shall be made at the address given, if within such delivery limits;

 

       (b)    where there is no delivery service, the carrier shall forthwith notify the consignee at the address given of the arrival of the shipment;

 

       (c)    the carrier shall not be held liable to delivery to addresses outside delivery limits;

 

       (d)    if a carrier has not an office at the place to which the shipment is addressed, then, unless otherwise routed, the carrier only agrees to carry the same and deliver the shipment to any connecting carrier for furtherance to destination.

 

8     If any sum of money, other than the charges for transportation, is to be collected from the consignee upon the delivery of the shipment, and the same is not paid within ten days, the carrier may return the same and collect the charges for transportation both ways, and the liability of the carrier shall be that of warehouseman only while the shipment remains in his possession for the purpose of making collection.

 

9     Any alteration, addition or erasure in this express receipt shall be signed or initialled in the margin by an agent of the carrier issuing the same and, if not so signed or initialled shall be without effect, and this express receipt shall be enforceable according to its original tenor.


“commercial van” replaced with “commercial vehicle”: O.I.C. 2007-568, N.S. Reg. 413/2007.

“commuter van” replaced with “commuter vehicle”: O.I.C. 2007-568, N.S. Reg. 413/2007.

“courtesy van” replaced with “courtesy vehicle”: O.I.C. 2007-568, N.S. Reg. 413/2007.

“rental van” replaced with “rental vehicle”: O.I.C. 2007-568, N.S. Reg. 413/2007.


Forms A to L repealed: O.I.C. 2007-568, N.S. Reg. 413/2007.