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Commercial Carrier Safety Fitness Rating and Compliance Regulations

made under Section 303G of the

Motor Vehicle Act

O.I.C. 2005-145 (March 31, 2005, effective March 22, 2005), N.S. Reg. 84/2005

as amended to O.I.C. 2015-96 (March 31, 2015, effective June 1, 2015), N.S. Reg. 125/2015


Citation

1     These regulations may be cited as the Commercial Carrier Safety Fitness Rating and Compliance Regulations.


Definitions

2     In these regulations,

 

                (a)    “acceptable safety fitness rating” means a rating of satisfactory, satisfactory unaudited, or conditional given by the Registrar to a carrier under Section 6;

 

                (b)    “Act” means the Motor Vehicle Act;

 

                (c)    “adequately insured”, with respect to a carrier, means having the insurance required by the regulations respecting carriage of freight by vehicle made under the Act;

 

                (d)    “at-fault collision” means a reportable accident in which the Registrar deems the driver to be fully or partially responsible for the accident;

 

                (e)    “carrier” means a carrier as defined in clause 303A(a) of the Act;

 

                (f)    “commercial vehicle” means a commercial vehicle as defined in clause 303A(b) of the Act;

 

                (g)    “Commercial Vehicle Safety Alliance” means the non-profit corporation with head office in Washington, D.C., United States, consisting of representatives of federal, state and provincial government agencies and private industry in the United States, Canada and the Republic of Mexico that is dedicated to improving commercial vehicle safety;

 

                (h)    “conditional rating” means the safety fitness rating given to a carrier in accordance with subsection 6(3);

 

                (i)     “cumulative fleet size” means the total of the single-day fleet sizes for a carrier over a period of time prescribed by the Registrar;

 

                (j)     “demerit point” means a point value set out in Appendix “A” - Demerit Point System Table opposite a conviction, out-of-service inspection or at-fault collision and assigned to a carrier as a demerit for the conviction, out-of-service inspection or at-fault collision;

 

                (k)    “demerit index” means a single index calculated in accordance with Section 17 that combines a carrier’s overall demerit points;

 

                (l)     “driver” means a driver of a commercial vehicle licensed under the Act;

 

                (m)   “emergency vehicle” means a vehicle operated by or on behalf of a police force or fire department or an ambulance;

 

                (n)    “facility audit” means an audit performed by the Department, or an agent authorized by the Department, of a carrier’s compliance with the record keeping requirements of Section 303D of the Act;

 

                (o)    “inspection” means an inspection of a driver or commercial vehicle using the criteria established by the Commercial Vehicle Safety Alliance;

 

                (p)    “intervention level 1” means the demerit index value calculated in accordance with subsection 18(2) that requires the Registrar to intervene with a carrier in accordance with subsection 20(1);

 

                (q)    “intervention level 2” means the demerit index value calculated in accordance with subsection 18(3) that requires the Registrar to intervene with a carrier in accordance with subsection 20(2);

 

                (r)    “intervention level 3” means the demerit index value calculated in accordance with subsection 18(4) that requires the Registrar to intervene with a carrier in accordance with subsection 20(3);

 

                (s)    “National Safety Code number” means an identification number assigned to a carrier by the Registrar;

 

                (t)     “out-of-service inspection” means an inspection by a motor vehicle inspector in the course of which a driver or commercial vehicle is found to be unsafe to operate on a highway;

 

                (u)    “reciprocating jurisdiction” means a reciprocating jurisdiction as defined in clause 303A(c) of the Act;

 

                (v)    “reportable accident” means an accident involving a commercial vehicle that results in

 

                         (i)     injury or death to a person, or

 

                         (ii)    property damage that appears to be of $2000 or more;

Subclause 2(v)(ii) amended: O.I.C. 2013-281, N.S. Reg. 284/2013.

 

                (w)   “safety fitness certificate” means the certificate issued by the Department in accordance with Section 9;

 

                (x)    “safety fitness rating” means the rating that must be given to a carrier by the Registrar based upon the factors set out in subsection 4(1);

 

                (y)    “satisfactory rating” means the safety fitness rating given to a carrier in accordance with subsection 6(1);

 

                (z)    “satisfactory unaudited rating” means the safety fitness rating given to a carrier in accordance with subsection 6(2);

 

                (aa)  “single-day fleet size” means the total number of commercial vehicles that a carrier owns, leases or is otherwise responsible for on any particular day;

 

                (ab)  “unsatisfactory rating” means the safety fitness rating given to a carrier in accordance with subsection 6(4); and

 

                (ac)  “vehicle” means a vehicle as defined in clause 2(ca) of the Act.


Application of regulations

3     (1)    Except as provided in subsection (2), these regulations apply to

 

                (a)    the following commercial vehicles registered in the Province or a reciprocating jurisdiction:

 

                         (i)     a truck, truck-tractor, trailer, or a combination thereof that has a registered gross vehicle weight of more than 4500 kg,

 

                         (ii)    a bus designed, constructed and used for transporting passengers, with a designated seating capacity of more than 10 persons, including the driver;

 

                (b)    the following drivers licensed under the Act or by a reciprocating jurisdiction:

 

                         (i)     an employee of a carrier who drives a commercial vehicle to which these regulations apply that a carrier owns, leases or is otherwise responsible for,

 

                         (ii)    a carrier, while driving a commercial vehicle to which these regulations apply that the carrier owns, leases or is otherwise responsible for;

 

                (c)    carriers that operate commercial vehicles to which these regulations apply in the Province.

 

       (2)    These regulations do not apply to the following vehicles:

 

                (a)    a recreational vehicle or a vehicle towing a recreational vehicle, when not being operated for the purpose of commercial venture for profit or gain;

 

                (b)    an emergency vehicle;

 

                (c)    a bus, when being operated for personal use.


How safety fitness rating is given

4     (1)    The Registrar must give each carrier a safety fitness rating based on the categories of safety fitness rating in Section 6 and, except as exempted under subsection 7(3), the carrier’s application for a safety fitness rating.

 

       (2)    The Registrar may review the safety fitness rating of a carrier at any time and may change the carrier’s rating in accordance with these regulations.

 

       (3)    Despite subsection (1), a carrier that is given a safety fitness rating by a reciprocating jurisdiction that is, in the opinion of the Registrar, equivalent to the safety fitness rating that the Registrar would have given to the carrier, does not require a safety fitness rating from the Registrar but is deemed, for the purposes of these regulations, to have the safety fitness rating the Registrar would have given to the carrier.


Prohibition against operating without safety fitness rating and safety fitness certificate

 5     (1)    A driver must not drive, and a carrier must not permit a commercial vehicle to be driven, upon a highway unless the carrier has a satisfactory, satisfactory unaudited or conditional rating and a valid safety fitness certificate issued by the Registrar, or is deemed to have a satisfactory, satisfactory unaudited or conditional rating under subsection 4(3).

 

       (2)    The Registrar must not register a commercial vehicle of a carrier or issue a carrier a vehicle permit, replacement number plate or replacement validation sticker unless the carrier has a satisfactory, satisfactory unaudited or conditional rating and a valid safety fitness certificate issued by the Registrar.

 

Categories of safety fitness ratings

6     (1)    The Registrar must give a satisfactory rating to a carrier if all of the following apply to the carrier:

 

                (a)    the carrier’s demerit index is equal to or less than intervention level 1;

 

                (b)    the carrier has passed a facility audit;

 

                (c)    the Registrar is otherwise satisfied as to the carrier’s ability to operate safely.

 

       (2)    The Registrar must give a satisfactory unaudited rating to a carrier if all of the following apply to the carrier:

 

                (a)    the carrier’s demerit index is equal to or less than intervention level 1;

 

                (b)    the carrier has not had a facility audit;

 

                (c)    the Registrar is otherwise satisfied as to the carrier’s ability to operate safely.

 

       (3)    The Registrar must give a conditional rating to a carrier if any of the following apply to the carrier and the Registrar is otherwise satisfied as to the carrier’s ability to operate safely:

 

                (a)    the carrier’s demerit index is

 

                         (i)     intervention level 2, or

 

                         (ii)    intervention level 3 and the Registrar has not held a hearing under Section 24;

 

                (b)    at a hearing under Section 24, the Registrar permits the carrier to undertake another action plan under clause 24(2)(a);

 

                (c)    the carrier has failed a facility audit, except a facility audit under Section 25; or

 

                (d)    the carrier passes a facility audit under Section 25.

 

       (4)    The Registrar must give an unsatisfactory rating to a carrier if any one of the following applies to the carrier:

 

                (a)    the carrier’s demerit index is intervention level 3 and at a hearing under Section 24 the Registrar does not permit the carrier to undertake another action plan under clause 24(2)(a);

 

                (b)    the carrier is not adequately insured;

 

                (c)    the carrier fails to comply with any special operating condition imposed under clause 24(3)(a);

 

                (d)    the carrier fails to renew a safety fitness certificate under Section 10 [7] before the expiry date;

 

                (e)    the Registrar revokes the carrier’s safety fitness certificate under Section 11; or

 

                (f)    the Registrar is otherwise not satisfied as to the carrier’s ability to operate safely.


Application for safety fitness rating and safety fitness certificate and renewals

7     (1)    An application for a safety fitness rating and safety fitness certificate, or for renewal of a safety fitness certificate, must be made on the form prescribed by the Registrar and, except as exempted under subsection (3), must be submitted to the Registrar together with all of the following:

 

                (a)    proof of the carrier’s insurance, as prescribed by the regulations respecting carriage of freight by vehicle made under the Act;

 

                (b)    proof of the carrier’s incorporation or partnership registration, if applicable;

 

                (c)    proof that the carrier, if incorporated, has made all required filings and registrations with the Registry of Joint Stock Companies, and is in good standing with the Registry of Joint Stock Companies;

 

                (d)    a declaration, made by a person familiar with the business operations of the carrier and who has the authority to bind the carrier, that contains

 

                         (i)     certification that the information in the application is true,

 

                         (ii)    acceptance of responsibility by the carrier for the operation of commercial vehicles imposed by law on the carrier,

 

                         (iii)   a statement of whether any principal, director, officer or partner of the carrier is or has been a member of a carrier that has or has had an unsatisfactory rating in Nova Scotia or an equivalent rating in any reciprocating jurisdiction, and

 

                         (iv)   details surrounding the revocation of, or refusal to issue, any safety fitness certificate or equivalent issued to the carrier;

 

                (e)    if the carrier has been issued a safety fitness certificate or equivalent in a reciprocating jurisdiction and the carrier is moving their operation to Nova Scotia, a copy of their government operating record from the reciprocating jurisdiction;

 

                (f)    an application fee of $66.00, unless exempted under subsection (2);

Clause 7(1)(f) amended: O.I.C. 2015-96, N.S. Reg. 125/2015.

 

                (g)    any additional information and documentation that the Registrar requires.

 

       (2)    There is no application fee for a carrier that makes an application for only a vehicle or vehicles owned by a non-profit, charitable or religious organization used exclusively for transporting passengers and not for the purpose of gain.

 

       (3)    A carrier is not required to apply for a safety fitness rating and safety fitness certificate or apply for a renewal of a safety fitness certificate if each commercial vehicle that the carrier owns, leases or otherwise is responsible for is a vehicle with farm plates registered to a farmer.


False statement made in application

8     A person must not make a false statement in an application by a carrier for a safety fitness rating and safety fitness certificate, or for renewal of a safety fitness certificate.


Issuance of safety fitness certificate

9     (1)    The Registrar may issue or renew a safety fitness certificate in accordance with these regulations.

 

       (2)    A safety fitness certificate is valid for 1 year.

 

       (3)    A safety fitness certificate must state

 

                (a)    the name of the carrier;

 

                (b)    the address of the carrier’s principal place of business in Nova Scotia;

 

                (c)    the National Safety Code number assigned to the carrier;

 

                (d)    the carrier’s safety fitness rating at the time the certificate is issued;

 

                (e)    the expiry date of the certificate.


Refusal to issue safety fitness certificate

10   (1)    The Registrar may refuse to issue or renew a safety fitness certificate, if

 

                (a)    the application is not complete, in accordance with subsection 7(1);

 

                (b)    the application contains a false statement;

 

                (c)    the carrier has had an unsatisfactory rating in Nova Scotia or an equivalent rating in a reciprocating jurisdiction;

 

                (d)    the carrier, if incorporated, has not made all required filings and registrations with the Registry of Joint Stock Companies, or is not in good standing with the Registry of Joint Stock Companies;

 

                (e)    a principal, director, officer or partner of the carrier is or has been a member of a carrier that has or has had an unsatisfactory rating in Nova Scotia or an equivalent rating in a reciprocating jurisdiction;

 

                (f)    the carrier is not adequately insured; or

 

                (g)    the Registrar is otherwise not satisfied as to the carrier’s ability to operate safely.

 

       (2)    The Registrar must refuse to issue a carrier a safety fitness certificate or refuse to renew a carrier’s safety fitness certificate if the carrier has an unsatisfactory rating.


Revocation of safety fitness certificate

11   (1)    The Registrar may revoke a carrier’s safety fitness certificate if

 

                (a)    the carrier’s application contains a false statement, in accordance with Section 8;

 

                (b)    the carrier has had an unsatisfactory rating in Nova Scotia or an equivalent rating in a reciprocating jurisdiction;

 

                (c)    the carrier, if incorporated, has not made all required filings and registrations with the Registry of Joint Stock Companies, or is not in good standing with the Registry of Joint Stock Companies;

 

                (d)    a principal, director, officer or partner of the carrier is or has been a member of a carrier that has or has had an unsatisfactory rating in Nova Scotia or an equivalent rating in a reciprocating jurisdiction;

 

                (e)    the applicant is not adequately insured; or

 

                (f)    the Registrar is otherwise not satisfied as to the carrier’s ability to operate safely.

 

       (2)    The Registrar must revoke a carrier’s safety fitness certificate if the carrier has an unsatisfactory rating.

 

       (3)    If the Registrar revokes a carrier’s safety fitness certificate, the Registrar must suspend or cancel the number plates and vehicle permits that have been issued for any commercial vehicle that the carrier owns, leases or is otherwise responsible for, for a period of time considered appropriate by the Registrar.

 

       (4)    If the Registrar suspends or cancels a carrier’s number plates and vehicle permits under subsection (2), the carrier must immediately return to the Registrar all those number plates and vehicle permits.

 

       (5)    If the Registrar revokes a carrier’s safety fitness certificate, the carrier is deemed to have an unsatisfactory rating from and including the date of revocation.


Replacement safety fitness certificate

12   (1)    If the Registrar changes the safety fitness rating of a carrier in accordance with subsection 4(2) before the expiry date of the carrier’s safety fitness certificate, the Registrar must issue the carrier a replacement certificate, at no fee, that is valid until the expiry date of the fitness certificate that is being replaced.

 

       (2)    If a carrier changes their name or their principal place of business in Nova Scotia, the carrier must notify the Registrar with details of the change within 10 days of the change.

 

       (3)    If a carrier changes any of its principals, directors, officers or partners, the carrier must notify the Registrar with details of the change, including whether any new principal, director, officer or partner is or has been a member of a carrier that has or has had an unsatisfactory rating in Nova Scotia or an equivalent rating in a reciprocating jurisdiction, within 10 days of the change.

 

       (4)    Except as provided in subsection (5), when the Registrar receives notification in accordance with subsection (2) or (3), the Registrar must issue a replacement certificate, at no fee, that is valid until the expiry date of the safety fitness certificate that is being replaced.

 

       (5)    The Registrar may refuse to issue a replacement safety fitness certificate if a new principal, director, officer or partner of the carrier is or has been a member of a carrier that has or has had an unsatisfactory rating in Nova Scotia or an equivalent rating in a reciprocating jurisdiction, and may revoke the carrier’s safety fitness certificate in accordance with Section 11.

 

       (6)    When a replacement certificate is issued to a carrier under this Section, the carrier must destroy the certificate that is replaced along with all copies of it.

 

       (7)    Subsections (2) and (3) do not apply to a carrier if each commercial vehicle that the carrier owns, leases or is otherwise responsible for is a vehicle with farm plates registered to a farmer.


Extending safety fitness certificate

13   (1)    Despite any other provision of these regulations, the Registrar may permit a carrier to operate for up to 30 days after the expiry date of their safety fitness certificate.

 

       (2)    Despite any other provision of these regulations, the Minister may authorize the Registrar to extend the term of a carrier’s safety fitness certificate for as long as the Minister requires.


Carrier record maintained by Registrar

14   (1)    The Registrar must maintain a record for each carrier that includes all of the following:

 

                (a)    the National Safety Code number assigned to the carrier;

 

                (b)    the carrier’s current safety fitness rating;

 

                (c)    warnings, refusals to issue or revocations of safety fitness certificates, suspensions of number plates, cancellations of vehicle permits and contraventions of enactments of the Province, a reciprocating jurisdiction or the Parliament of Canada relating to motor vehicles that are incurred by the carrier;

 

                (d)    results of safety inspections, trip inspections and facility audits;

 

                (e)    results of interviews under Section 22 and hearings under Section 24, including an action plans to be carried out and special operating conditions imposed;

 

                (f)    convictions, reportable accidents and inspections of a driver, and including a conviction for an offence committed by a driver while the driver was employed by the carrier whether or not the driver is employed by the carrier at the time of the conviction;

 

                (g)    the demerit points assigned to the carrier.

 

       (2)    The Registrar must maintain 3 separate totals of the demerit points assigned to a carrier as follows:

 

                (a)    1 total for convictions;

 

                (b)    1 total for at-fault collisions; and

 

                (c)    1 total for out-of-service inspections.

 

       (3)    Demerit points must be assigned by the Registrar as set out in Appendix “A” - Demerit Point System Table for all of the following:

 

                (a)    a conviction;

 

                (b)    an out-of-service inspection;

 

                (c)    an at-fault collision resulting in property damage;

 

                (d)    an at-fault collision resulting in physical injury;

 

                (e)    an at-fault collision resulting in fatality.


Removal of demerit points

15   (1)    The Registrar must remove the demerit points assigned to a carrier for a conviction from the carrier’s record 2 years after the date of the conviction.

 

       (2)    The Registrar must remove the demerit points assigned to a carrier for an out-of-service inspection or an at-fault collision from the carrier’s record 2 years after the date of the inspection or the collision.

 

       (3)    The Registrar may remove demerit points in accordance with the results of a show cause hearing under Section 24.


Calculation of adjusted demerit point totals

16   The Registrar must prescribe formulas to adjust the 3 separate totals of demerit points required by subsection 14(2) to eliminate, as far as possible, differences between carriers that,

 

                (a)    for the demerit point totals for convictions and at-fault collisions, are the result of differences in cumulative fleet size;

 

                (b)    for the demerit point total for out-of-service inspections, are the result of differences in the number of inspections a carrier receives.


Calculation of demerit index

17   The Registrar must prescribe a formula to combine the 3 adjusted totals for a carrier, calculated in accordance with Section 16, into a single index of the carrier’s overall demerit points, which is the demerit index for the carrier.


Calculation of intervention levels

18   (1)    The Registrar must prescribe a formula to identify a demerit index number value for each of intervention levels 1, 2 and 3 in accordance with subsections (2) to (4).

 

       (2)    Intervention level 1 is the demerit index number value that 5% of all carriers is expected to exceed.

 

       (3)    Intervention level 2 is the demerit index number value that 2% of all carriers is expected to exceed.

 

       (4)    Intervention level 3 is the demerit index number value that 0.2% of all carriers is expected to exceed.


Registrar may revise formulas

19   The Registrar may revise the formulas prescribed under Sections 16, 17 and 18 in accordance with a statistical analysis of carriers’ records.


Intervention by Registrar

20   (1)    If a carrier’s demerit index is intervention level 1, the Registrar must

 

                (a)    notify the carrier of this in writing; and

 

                (b)    advise the carrier in the notice that

 

                         (i)     a facility audit may be carried out on the carrier, and

 

                         (ii)    if the carrier is assigned further demerit points that increase the carrier’s demerit index to intervention level 2, the Registrar may require the carrier to attend an interview with a person designated by the Registrar to formulate a plan for the carrier in accordance with subsection (2).

 

       (2)    If a carrier’s demerit index is intervention level 2, the Registrar must

 

                (a)    notify the carrier of this in writing; and

 

                (b)    advise the carrier in the notice that

 

                         (i)     a facility audit may be carried out on the carrier, and

 

                         (ii)    the Registrar may require the carrier to attend an interview with a person designated by the Registrar to formulate a plan in accordance with Section 22.

 

       (3)    If a carrier’s demerit index is intervention level 3, or if the carrier fails to attend an interview required by the Registrar under subsection (2), the Registrar must

 

                (a)    notify the carrier of this in writing;

 

                (b)    advise the carrier in the notice that

 

                         (i)     a facility audit may be carried out on the carrier, and

 

                         (ii)    the Registrar may require the carrier to attend a hearing to show cause why the carrier should not be given an unsatisfactory rating in accordance with Section 24.


When notice deemed served

21   (1)    A notice referred to in Section 20 that is made by Priority Post or courier service is deemed to have been served on the 3rd day after the notice is sent.

 

       (2)    A notice referred to in Section 20 that is made by ordinary mail is deemed to have been served on the 5th day after the notice is sent.


Interview of carrier at intervention level 2

22   At an interview required by the Registrar under subsection 20(2), the person designated by the Registrar and the carrier must

 

                (a)    attempt to identify the reasons why the carrier’s demerit index is higher than average;

 

                (b)    evaluate possible action plans to prevent further demerit points; and

 

                (c)    attempt to jointly decide on an appropriate action plan that the carrier is willing to carry out and commits to.


Registrar may permit action plan for carrier at intervention level 3

23   (1)    Before requiring a carrier to attend a show cause hearing under subsection 20(3), the Registrar may permit a carrier to undertake an appropriate action plan satisfactory to the Registrar that the carrier is willing to carry out and commits to if

 

                (a)    the carrier has not had an opportunity to undertake an action plan before attaining a demerit index of intervention level 3; and

 

                (b)    the Registrar is satisfied that the continued operation of the carrier will not adversely affect the safety of the public.

 

       (2)    If the Registrar permits a carrier to undertake an action plan under subsection (1), the Registrar may impose any special operating conditions that the Registrar considers appropriate.


Show cause hearing for intervention level 3 or failure to attend interview

24   (1)    At a show cause hearing required by the Registrar under subsection 20(3), the Registrar and the carrier must

 

                (a)    review the carrier’s record; and

 

                (b)    if applicable, identify the reasons why the action plan agreed to under Section 22 or undertaken under Section 23 failed.

 

       (2)    Following the hearing, the Registrar may decide to

 

                (a)    permit the carrier to undertake a more effective action plan than the previous action plan that was agreed to under Section 22 or undertaken under Section 23, if the Registrar is satisfied that

 

                         (i)     the carrier made a sincere effort and took reasonable steps to comply with the previous action plan,

 

                         (ii)    the carrier is willing to carry out and commits to carry out the more effective action plan, and

 

                         (iii)   the continued operation of the carrier will not adversely affect the safety of the public; or

 

                (b)    give the carrier an unsatisfactory rating and revoke the carrier’s safety fitness certificate in accordance with Section 11.

 

       (3)    If the Registrar permits the carrier to undertake a more effective action plan under clause (2)(a), the Registrar may do any or all of the following:

 

                (a)    impose any special operating conditions that [the] Registrar considers appropriate;

 

                (b)    leave the carrier’s conditional rating unchanged for a period of time considered appropriate by the Registrar;

 

                (c)    remove any number of demerit points from the carrier’s record that the Registrar considers appropriate.

 

       (4)    If a carrier is assigned further demerit points after receiving permission from the Registrar to undertake a more effective action plan under clause (2)(a), or if the carrier fails to comply with any special operating condition imposed under clause (3)(a), the Registrar may immediately give the carrier an unsatisfactory rating and revoke the carrier’s safety fitness certificate in accordance with Section 11.

 

       (5)    If the carrier fails to attend the hearing, the Registrar may take any action that the Registrar could have taken if the carrier had attended the hearing.


Procedure for reassessing an unsatisfactory rating of a carrier given after a hearing

25   (1)    A carrier whose safety fitness certificate is revoked as a result of a hearing may, after the period of time imposed under clause [subsection] 11(3), request that the Registrar conduct a facility audit of the carrier.

 

       (2)    If a carrier passes a facility audit requested under subsection (1), the Registrar must

 

                (a)    restore the carrier’s safety fitness certificate;

 

                (b)    give the carrier a conditional rating for a period of time considered appropriate by the Registrar; and

 

                (c)    remove all demerit points previously assigned to the carrier.

 

       (3)    If the carrier does not pass the facility audit, the carrier keeps an unsatisfactory rating and the carrier’s safety fitness certificate remains revoked.



Appendix A

Demerit Point System Table

Convictions

 

Offence

Section

Points

Driver-related offences

Motor Vehicle Act offences:

1

Failing to obey peace officer (specify directions disobeyed)

83(1)

3

2

Failing to obey traffic signs or signals (specify)

83(2)

 

3

Failing to yield right of way to pedestrians on green or flashing green light

93(2)(a)

3

4

Failing to proceed in direction of arrow on green arrow light

93(2)(b)

3

5

Failing to yield right of way to pedestrians on green arrow light

93(2)(b)

3

6

Failing to stop at amber light when able to stop in safety

93(2)(c) or (d)

3

7

Failing to stop at red light

93(2)(e)

3

8

Failing to yield to pedestrian on right turn at red light

93(2)(e)

3

9

Failing to stop at flashing red light before entering intersection

93(2)(f)

3

10

Failing to yield to pedestrians or other vehicles (specify) at flashing red light

93(2)(f)

3

11

Failing to proceed with caution at flashing amber light

93(2)(g)

3

12

Failing to yield to traffic in proximity of intersection at flashing amber light

93(2)(g)

3

13

Failing to yield to pedestrians at walk light

93(2)(h)

3

14

Travelling in lane marked with red “X” traffic lane signal

93(4)(b)

2

15

Failing to immediately stop at scene of an accident

97(1)

3

16

Failing to provide name, address and registration after having an accident

97(3)

3

17

Failing to provide reasonable assistance to person injured after having an accident

97(3)

3

18

Failing to take reasonable steps to locate and notify other party after collision with unattended vehicle or property (specify)

97(4)

3

19

Failing to report accident to police where injury or death or property damage of over $1000 occurs (specify)

98(10)

3

20

Careless and imprudent driving

100(2)

2

21

Operating vehicle at excessive speed for existing conditions

101

3

22

Exceeding prima facie speed limit

102(1)

3

23

Failing to stop for stopped school bus exhibiting flashing red lights

103(3)

3

24

Driving in excess of posted limit by between 1 and 15 km/hr

106A(a)

3

25

Driving in excess of posted limited by between 16 and 30 km/hr

106A(b)

3

26

Driving in excess of posted limited by 31 km/hr or more

106A(c)

3

27

Failing to obey stop or speed sign on bridge or causeway (specify sign)

108(3)

3

28

Failing to drive on right side of highway

110(1)

3

29

Failing to drive to right when approaching intersection, railroad right-of-way or narrow bridge or tunnel (specify one)

110(2)

3

30

Failing to drive to right on one-way street

110(4)

2

31

Failing to drive in right hand lane

111(a)

2

32

Changing lanes unsafely

111(b)

2

33

Driving in centre lane on three-lane highway

111(c)

2

34

Failing to follow posted lane speeds

111(d)

2

35

Driving or parking (specify) vehicle on left hand roadway where highway is divided

112(1)(a)

2

36

Passing improperly

114

3

37

Driving left of centre line

115(1) or (2)

3

38

Following too closely

117(1)

3

39

Commercial vehicle following within 60 m

117(2)

3

40

Failing to signal

119(1)

2

41

Improper signal

119(2)

2

42

Backing vehicle when such movement unsafe

120(1)

2

43

Turning vehicle to proceed in opposite direction where visibility less than 150 m

120(2)

2

44

Failing to obey signs prohibiting turns (specify sign violated)

120(4)

2

45

Making prohibited turn at exit ramp

121

2

46

Failing to yield right of way

122

4

47

Failing to yield to emergency vehicles giving audible and visible signals

123(2)

3

48

Failing to yield to pedestrians within crosswalk

125(1)

3

49

Passing stopped vehicle at crosswalk

125(2)

3

50

Permitting a person to ride on portion of vehicle not designed for passenger

129(3)

2

51

Driving when control or view obstructed by load or passenger

129(7)

2

52

Operating bus with open door

130

2

53

Driving through safety zone

131

2

54

Failing to stop at railway crossing

132(1)

3

55

Failing to stop at stop sign

133(1)

3

56

Failing to obey yield sign

134(3)

3

57

Stopping or parking in prohibited area

143

2

58

Operating motor vehicle on highway in race or on wager

163(1)

3

59

Driving while license cancelled, revoked or suspended

287(2)

3

 

 

 

 

Criminal Code (Canada) offences:

1

Criminal negligence

219

5

2

Criminal negligence causing death

220

5

3

Criminal negligence causing bodily harm

221

5

4

Dangerous operation of a motor vehicle

249(1)(a)

5

5

Dangerous operation of a motor vehicle causing bodily harm

249(3)

5

6

Dangerous operating of a motor vehicle causing death

249(4)

5

7

Failing to stop at scene of accident

252(1)

5

8

Impaired driving

253(a)

5

9

Operating or having care and control of motor vehicle when blood alcohol level exceeds 80 mgs/100 ml

253(b)

5

10

Refusing to comply with demand made by peace officer under Section 254

254(5)

5

11

Impaired driving causing bodily harm

255(2)

5

12

Impaired driving causing death

255(3)

5

13

Operating a motor vehicle while disqualified

259(4)(a) or (b)

5

 

 

 

 

Driver-related and carrier-related violations

Motor Vehicle Act offences:

1

Operating or permitting operation of motor vehicle without valid number plate issued for that vehicle

37(a)

3

2

Displaying number plate not issued for vehicle

37(c)

3

3

Failing to exhibit slow movement emblem or device on a motor vehicle

117(4)

2

4

Driver failing to place and maintain flares at front and rear of disabled commercial vehicle

140(1)

2

5

Vehicle failing to have proper lighted head lamps and rear lamps

174(1)

2

6

Vehicle failing to have two head lamps

174(2)

1

7

Vehicle failing to have properly functioning rear lamps

174(4)

1

8

Vehicle failing to have properly functioning clearance lamps

174(5)

2

9

Vehicle failing to display proper marker lights or reflectors

174(11)

2

10

Vehicle failing to have proper electric turn signals

177(3)

1

11

Vehicle failing to have properly functioning brake lights at rear of vehicle

177(9)

1

12

Vehicle failing to have adequate brakes

181(1)

3

13

Vehicle failing to have properly functioning speedometer and odometer

182

1

14

Vehicle failing to have properly functioning horn

183(1)

1

15

Vehicle failing to have securely attached mirror

184(1)

1

16

Vehicle failing to have outside rear-vision mirror where view obstructed by trailer

184(2)

1

17

Vehicle failing to have windshield

184(3)

1

18

Driving vehicle with windows or windshield (specify) obstructed

184(4)

1

19

Driving vehicle with ornament obstructing vision of driver

184(5)

1

20

Vehicle failing to have adequate windshield wipers

184(6)

1

21

Vehicle failing to have proper flag or light (specify) displayed at end of load

185

2

22

Driving vehicle with tailgate of vehicle open

186

4

23

Vehicle failing to have muffler in good working order

187(1)

1

24

Vehicle failing to have proper equipment to prevent escape of excessive fumes or smoke (specify)

187(2)

1

25

Towbar between vehicles exceeding 5 m

190(2)

4

26

Towbar between vehicles transporting poles exceeding 8 m

190(2)

4

27

Failing to have vehicle weighed when ordered

192(4)

3

28

Vehicle on highway with leaking load

199(1)

3

29

Vehicle failing to have mudguards, fenders or flaps (specify)

199(2)

1

30

Driving motor vehicle without insurance

230(1)

3

31

Directing driver to operate vehicle equipped otherwise than permitted by law (specify)

260(1)

3

32

Directing driver to operate vehicle exceeding weight permitted by law (specify)

260(1)

3

33

Directing driver to operate vehicle in manner contrary to law (specify)

260(1)

3

34

Operating vehicle on highway equipped in manner prohibited by Motor Vehicle Act or regulations (specify)

260(2)

1

 

 

 

 

Commercial Vehicle Drivers’ Hours of Service Regulations offences:

1

Driving when driver’s faculties are impaired

5(a)

3

2

Driving when driving would jeopardize public health or safety

5(b)

3

3

Driving when out-of-service

5(c)

3

4

Driving when not in compliance with regulations

5(d)

3

5

Failing to comply with daily driving hours (13 hours)

6(a)

3

6

Failing to comply with daily on-duty hours (14 hours)

6(b)

3

7

Failing to take 8 consecutive off-duty hours after 13 hours of driving time

7(1)(a)

3

8

Failing to take 8 consecutive off-duty hours after 14 hours of on-duty time

7(1)(b)

3

9

Driving after 16 hours have elapsed between off-duty periods

7(2)

3

10

Failing to take 10 hours of off-duty time in day, including 8-hour period of off-duty and 2-hour period of off-duty

9(1)

3

11

Failing to comply with off-duty hours after splitting daily off-duty time (single driver)

12(3)

3

12

Failing to comply with off-duty hours after splitting daily off-duty time (team of drivers)

13(3)

3

13

Failing to follow cycle 1 or cycle 2

14

3

14

Failing to take off-duty hours – at least 24 consecutive in 14 days

15

3

15

Excessive hours – cycle 1

16

3

16

Excessive hours – cycle 2

17(a)

3

17

Failing to take off-duty hours – 24 consecutive hours after 70 hours on duty

17(b)

3

18

Switching from cycle 1 to cycle 2 without taking 36 consecutive off-duty hours

19(1)(a)

3

19

Switch[ing] from cycle 2 to cycle 1 without taking 72 consecutive off-duty hours

19(1)(b)

3

20

Failing to take off-duty hours – at least 3 periods off-duty during 24 days (special permit for oil well service vehicles)

22(2)(a)

3

21

Failing to take off-duty hours – at least 72 consecutive hours off duty (special permit for oil well service vehicles)

22(2)(b)

3

22

Failing to place copy of special permit in vehicle

25(1)(a)

3

23

Failing to provide list of vehicles operating under special permit to director

25(1)(b)

3

24

Failing to make daily log of drivers operating under special permit available immediately to director

25(1)(c)

3

25

Failing to make supporting documents of drivers operating under special permit available immediately to director

25(1)(c)

3

26

Failing to notify director of accident involving vehicle operating under special permit

25(1)(d)

3

27

Failing to comply with terms and conditions of special permit

25(2)

3

28

Failing to record reason for extending driving, on-duty time or elapsed time (specify) in daily log

29

2

29

Failing to fill out daily log

31(1)

2

30

Failing to legibly enter all required information in daily log

32

2

31

Failing to have daily logs for previous 14 days in possession

34(a)

2

32

Failing to have daily logs of 24-hour off-duty time in possession (special permit for oil will service vehicles)

34(b)

2

33

Failing to have daily log for current day in possession, completed up to last duty status change

34(c)

2

34

Failing to have supporting documents of current trip in possession

34(d)

2

35

Failing to forward daily logs no later than 20 days after completed

35(1)

2

36

Failing to forward supporting documents no later than 20 days after completed

35(1)

2

37

Failing to forward daily logs to first carrier no later than 20 days after completed

35(2)(a)

2

38

Failing to forward copy of daily logs to all other carriers no later than 20 days after completed

35(2)(b)

2

39

Failing to forward supporting documents to all carriers no later than 20 days after completed

35(2)(c)

2

40

Failing to deposit daily logs within 30 days

35(3)(a)

3

41

Failing to deposit supporting documents no later than 30 days after received

35(3)(a)

3

42

Failing to keep daily logs in chronological order for 6 months

35(3)(b)

3

43

Failing to keep supporting documents in chronological order for 6 months

35(3)(b)

3

44

Keeping more than one daily log

36(1)

3

45

Entering inaccurate information in a daily log

36(2)(a)

3

46

Falsifying, mutilating or defacing daily log

36(2)(b)

3

47

Falsifying, mutilating or defacing supporting documents

36(2)(b)

3

48

Failing to monitor compliance

37(1)

2

49

Failing to take immediate remedial action

37(2)

2

50

Failing to issue notice of non-compliance

37(2)

2

51

Failing to record required details of non-compliance

37(2)

2

52

Making false statement to director

39

3

53

Failing to immediately produce current daily log and daily logs for previous 14 days

41(1)(a)

3

54

Failing to immediately produce supporting documents for current trip and previous 14 days

41(1)(b)

3

55

Failing to immediately produce special permits for current trip and previous 14 days

41(1)(c)

3

56

Failing to retrieve information on electronic recording device

41(2)

3

57

Failing to immediately give inspector daily logs for previous 14 days

41(3)(a)

3

58

Failing to immediately give inspector supporting documents for previous 14 days

41(3)(b)

3

59

Failing to immediately give inspector special permits

41(3)(c)

3

60

Failing to make daily logs available

42(1)(a)

3

61

Failing to make supporting documents available

42(1)(b)

3

62

Failing to make special permits available

42(1)(c)

3

 

 

 

 

Commercial Vehicle Trip Inspection and Records Regulations offences:

1

Failing to perform pre-trip inspection

3

1

2

Failing to record defects noted in inspection

5

3

3

Failing to record defects observed while in charge of vehicle

6

1

4

Failing to repair items on inspection report

8

3

5

Carrier failing to maintain required records

11

5

6

Carrier failing to maintain records at principal place of business in Nova Scotia for time period required

12

5

 

 

 

 

Commercial Vehicle Maintenance Standards offences:

1

Carrier failing to inspect, repair and maintain vehicles or failing to cause vehicles to be inspected, repaired and maintained

4(1)

3

2

Carrier failing to comply with commercial vehicle component performance standards

4(1)(a)

2

3

Carrier failing to ensure that replacement parts comply with requirements

4(1)(b)

3

4

Carrier failing to maintain records for vehicles

4(2)

5

5

Carrier failing to retain records at principal place of business in Nova Scotia for required period

4(3)

5

6

Carrier failing to comply with lubrication standards

5

5

7

Obstructing or hindering an inspector in the performance of duties

6(3)

3

8

Carrier or representative failing to assist an inspector in performance of duties

7(2)

3

 

 

 

 

Weights and Dimensions of Vehicles Regulations offences:

(Points are assigned only if the amount of weight greater than that permitted is more than 2000 kg.)

1

Operating or causing to be operated vehicle not represented in Schedule A

3(1)

1

2

Operating or causing to be operated vehicle with lift axle without a special permit

3(4)

1

3

Operating or causing to be operated vehicle with overall width greater than 2.6 m

4(1)(a)

1

4

Operating or causing to be operated vehicle with mirrors extending more than 300 mm on each side

4(1)(b)

1

5

Operating or causing to be operated vehicle with auxiliary equipment extending more than 100 mm on each side

4(1)(c)

1

6

Operating or causing to be operated vehicle with overall height greater than 4.15 m

4(1)(d)

1

7

Operating or causing to be operated vehicle with overall length greater than 12.5 m

4(1)(e)

1

8

Operating or causing to be operated vehicle with front overhang greater than 1.0 m

4(1)(f)

1

9

Operating or causing to be operated vehicle with rear overhang greater than 1.0 m without flag

4(1)(g)

1

10

Operating or causing to be operated vehicle with rear overhang greater than 2.0 m

4(1)(h)

1

11

Operating or causing to be operated vehicle with spreads, spacings or dimensions not in accordance with Schedule A

4(2)

1

12

Passenger vehicle with load extending beyond line of fenders on left side or extending more than 150 mm beyond line of fenders on right side

4(4)

1

13

Propelling or moving implement of husbandry with width exceeding 2.6 m without slow-moving vehicle sign, fluorescent flags or flashing lights at extremities and warning light

4(6)

1

14

Moving implement of husbandry with width exceeding 2.6 m with motor vehicle not equipped with warning light

4(6A)

1

15

Propelling or moving implement of husbandry with width exceeding 4.27 m without being preceded by pilot vehicle equipped with D-sign and warning light mounted on top

4(6B)

1

16

Operating or causing to be operated vehicle with weight in excess of weight on permit

5(1)(a)

1

17

Operating or causing to be operated vehicle with axle weight in excess of manufacturer’s gross axle weight rating

5(1)(b)

1

18

Operating or causing to be operated vehicle with axle weight in excess of tire load ratings

5(1)(c)(i)

1

19

Operating or causing to be operated vehicle with axle weight in excess of 10 kg/mm of tire width

5(1)(c)(ii)

1

20

Operating or causing to be operated vehicle with axle weight in excess of 9100 kg for 4 tires

5(1)(c)(iii)(A)

1

21

Operating or causing to be operated vehicle with steering axle weight in excess of 9100 kg for 2 tires

5(1)(c)(iii)(B)

1

22

Operating or causing to be operated vehicle with non-steering axle weight in excess of 6000 kg for 2 tires

5(1)(c)(iii)(C)

1

23

Operating or causing to be operated vehicle with tires greater than 445 mm in width with non-steering axle weight in excess of 7700 kg

5(1)(c)(iii)(D)

1

24

Operating or causing to be operated vehicle with weight in excess of maximum axle weight limit in Schedule A

5(1)(d)

1

25

Operating or causing to be operated vehicle with adjacent axles in group that vary by more than 1000 kg

5(1)(e)

1

26

Operating or causing to be operated vehicle with weight in excess of 4500 kg on axle of assembly that is not an axle group

5(1)(f)

1

27

Operating or causing to be operated vehicle with gross vehicle weight in excess of manufacturer’s gross vehicle weight rating

5(1)(g)

1

28

Operating or causing to be operated vehicle with gross vehicle weight in excess of maximum gross vehicle weight limits in Schedule A for class of highway

5(1)(h)

1

29

Moving or causing to be moved object other than motor vehicle with weight in excess of 9100 kg

5(2)

1

30

Operating or causing to be operated vehicle with solid tires with weight in excess of allowable weight

5(3)

1

31

Operating or causing to be operated vehicle with wheel weight in excess of 55% of weight prescribed for axle

5(4)

1

32

Operating out-of-Province vehicle with weight in excess of weight limits in Schedule A

6(6)

1

33

Driving or causing to be driven vehicle with weight in excess of maximum weight posted on sign

9(3)

1

34

Operating or causing to be operated combination of vehicles with combined weight in excess of weight on permit for 1 vehicle in combination

10(1)

1

35

Operating or causing to be operated vehicle or combination of vehicles with weight in excess of 1500 kg without permit

10(2)

1

36

Operating or causing to be operated vehicle not conforming with special permit

11(9)

3

37

Operating or causing to be operated truck or truck tractor with weight in excess of 3000 kg on Trunk 4 between Exits 7 and 11 of Highway 104

13(1)

3

38

Operating or causing to be operated A-train double on highway other than maximum weight road

14(1)(a)

2

39

Operating or causing to be operated B-train double on highway other than B-train route or maximum weight road

14(1)(b)

2

40

Operating or causing to be operated C-train double on highway other than maximum weight road

14(1)(c)

2

41

Violating provision of regulations for which no other penalty is provided (specify)

14(2)

1

Public Highways Act offences:

(Points are assigned only if the amount of weight greater than that permitted is more than 2000 kg.)

1

Failing to comply with Minister’s order by operating vehicle contrary to prescribed weight limits

20(3)

1

 

 

 

 

Motor Carrier Act (Public Passenger) offences:

1

Obstructing inspector

35(2)

4

2

Failing to submit public passenger vehicle for inspection

36(1)

2

3

Failing to repair public passenger vehicle within time specified

36(2)

3

4

Operating public passenger vehicle contrary to inspector’s order

36(3)

3

 

 

 

 

Dangerous Goods Transportation Act and regulations offences:

 

Dangerous Goods Transportation Act

1

Failing to comply with reasonable request of inspector

9(5)(a)

3

2

Obstructing or hindering inspector

9(5)(d)

3

 

Transportation of Dangerous Goods Regulations (Canada) - (adopted)

3

Transporting forbidden dangerous goods listed in column 3 of Schedule 1 or column 4 of Schedule 3 (specify column, schedule and goods)

1.5(1)

3

4

Transporting forbidden dangerous goods listed in column 8 or 9 of Schedule 1 (specify column and goods)

1.5(2)

3

5

Transporting dangerous goods in excess of quantity limit set out in column 8 or 9 of Schedule 1

1.6

3

6

Transporting dangerous goods where means of containment or transport do not display all applicable prescribed safety marks (specify)

1.7(c)

3

7

Transporting explosives in prohibited manner (specify)

1.8(a)

3

8

Failing to keep shipping document in specified location (specify)

3.2(4)

3

9

Transporting dangerous goods without required information (specify) on shipping document

3.5

3

10

Transporting dangerous goods without proper dangerous goods safety mark (specify) displayed

4.1

3

11

Displaying misleading safety mark (specify)

4.2

3

12

Transporting dangerous goods in means of containment not permitted by Part 5 of regulations

5.1(1)

3

13

Transporting dangerous goods in standardized means of containment not in standard

5.1(2)

3

14

Transporting dangerous goods in means of containment not filled, closed, secured or maintained (specify) so that there will be no accidental release of dangerous goods under normal conditions

5.1(3)

3

15

Loading dangerous goods in means of containment in way that could lead to accidental release of dangerous goods under normal conditions

5.4

3

16

Securing dangerous goods in means of containment in way that could lead to accidental release of dangerous goods under normal conditions

5.4

3

17

Filling means of containment with dangerous goods in excess of specified limit (specify)

5.5

3

18

Transporting explosives together in the same means of transport other than as permitted by regulations

5.7

3

19

Transporting explosives in net explosive quantity exceeding that permitted by regulation (specify)

5.9

3

20

Transporting Class 2 dangerous goods in improper means of containment (specify)

5.10

3

21

Transporting dangerous goods without holding valid training certificate or being under supervision of adequately trained person (specify)

6.1(1)

3

22

Failing to produce training certificate or copy to inspector immediately upon request

6.8

3

23

Failing to report accidental release to person listed in subsection 8.1(5) (specify) if release consists of quantity or emission in excess of level set out in table (specify)

8.1(1)

3


Out-of-Service Inspections

(under Commercial Carrier Safety Fitness Rating and Compliance Regulations)

 

Offence

Section

Points

1

Commercial vehicle or driver found to be unsafe to operate on a highway

14(3)(b)

3


At-Fault Collisions

(under Commercial Carrier Safety Fitness Rating and Compliance Regulations)

 

Offence

Section

Points

1

At-fault collision resulting in property damage

14(3)(c)

2

2

At-fault collision resulting in physical injury

14(3)(d)

4

3

At-fault collision resulting in fatality

14(3)(e)

6


Appendix A amendments:

Commercial Vehicle Drivers’ Hours of Service Regulations offences replaced: O.I.C. 2009-517,

N.S. Reg. 333/2009.

Weights and Dimensions of Vehicles Regulations offences replaced: O.I.C. 2010-5, N.S. Reg. 5/2010; errata in O.I.C. 2010-5 corected: O.I.C. 2010-117, N.S. Reg. 48/2010.