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Classification of Drivers’ Licenses Regulations

made under subsection 66(1) of the

Motor Vehicle Act

R.S.N.S. c. 293

O.I.C. 82-956 (August 3, 1982), N.S. Reg. 174/82

as amended to O.I.C. 2015-96 (March 31, 2015, effective June 1, 2015), N.S. Reg. 124/2015

 

1     Drivers’ licenses shall be classified according to the type of vehicle operated.

 

Class 1

Permits the operation of

                (a)    semi-trailer and tractor trailer combinations;

 

                (b)    all type of vehicles in Classes 2, 3, 4, 5 and 8.

 

Does not permit the operation of

                (a)    vehicles with air brakes, school bus or school purpose buses, motorcycles and motor-driven cycles without appropriate endorsement.

 

Minimum requirements:

Age 19, 1 year’s experience with at least Class 5 license, successfully complete written test for Class 1 vehicles, provide satisfactory medical and optical reports on application and periodically thereafter, successfully demonstrate driving ability in a semi-trailer or a tractor trailer combination.

 

Class 2

Permits the operation of

                (a)    buses having seating capacity of more than 24 passengers;

 

                (b)    all types of vehicles in Classes 3, 4, 5 and 8.

 

Does not permit the operation of

                (a)    vehicles with air brakes, school bus or school purpose buses, motorcycles and motor-driven cycles without appropriate endorsement;

 

                (b)    type 1 vehicle (except as a Learner).

 

Minimum requirements:

Age 19, 1 year’s experience with at least Class 5 license, successfully complete written test for Class 2 vehicles, provide satisfactory medical and optical report on application and periodically thereafter, successfully demonstrate driving ability in a bus having seating capacity in excess of 24 passengers.

 

Class 3

Permits the operation of

                (a)    any single vehicle in excess of 14 000 kg (30 864 lbs.);

 

                (b)    any combination of vehicles - other than semi-trailer or tractor trailer combinations in excess of 14 000 kg (30 864 lbs.) G.V.W. where the towed vehicle in that combination does not exceed a G.V.W. of 4500 kg (10 000 lbs.);

 

                (c)    vehicles in Classes 4, 5 and 8.

 

Does not permit the operation of

                (a)    vehicles with air brakes, school buses or school purpose buses, motorcycles and motor-driven cycles without appropriate endorsement;

 

                (b)    type 1 or 2 vehicles (except as a Learner);

 

                (c)    public passenger vehicle (unless 19 years of age).

 

Minimum requirements:

Age 18, 1 year’s experience with at least Class 5 license, successfully complete written test for Class 3 vehicle, provide satisfactory medical and optical report on application and periodically thereafter, successfully demonstrate ability in single vehicle exceeding 14 000 kg (30 864 lbs.) G.V.W.

Section 1, Class 3, replaced: O.I.C. 94-893, N.S. Reg. 200/94.

 

Class 4

Permits the operation of

                (a)    buses under 24 passengers, taxis, [and] ambulances;

 

                (b)    all types of vehicles in Classes 5 and 8.

Section 1, Class 4(a) amended: O.I.C. 82-1374, N.S. Reg. 232/82.

 

Does not permit the operation of

                (a)    vehicles with air brakes, school bus or school purpose buses, motorcycles and motor-driven cycles without appropriate endorsement;

 

                (b)    type 1, 2 or 3 vehicles (except as a Learner);

 

                (c)    public passenger vehicle (unless 19 years of age).

 

Minimum requirements:

Age 18, 1 year’s experience with at least Class 5 license, successfully complete written test for Class 4 vehicle, provide satisfactory medical and optical certificates on application and periodically thereafter, and successfully demonstrate driving ability in any Class 4 vehicle.

 

Class 5

Permits the operation of

                (a)    any single vehicle not in excess of 14 000 kg (30 864 lbs.) G.V.W.;

Section 1, Class 5(a) replaced: O.I.C. 95-701, N.S. Reg. 149/95.

 

                (b)    any combination of vehicles - other than semi-trailer or tractor trailer combinations not exceeding 14 000 kg (30 864 lbs.) and the towed vehicle in that combination not exceeding a G.V.W. of 4500 kg (10 000 lbs.);

 

                (c)    Class 8 vehicles.

 

Does not permit the operation of

                (a)    vehicles with air brakes or motorcycle and motor-driven cycles without an appropriate endorsement(s);

 

                (b)    type 1, 2, 3 or 4 vehicles (except as a Learner).

 

Minimum requirements:

Age 18 (16 with parental or guardian consent), must have held a Class 7 license 60 days unless driver education or driver training course completed. Successfully demonstrate driving ability in any Class 5 vehicle, medical or optical certificates may be required.

Section 1, Class 5 replaced: O.I.C. 94-893, N.S. Reg. 200/94.

 

Class 6

Permits the operation of

                (a)    motorcycle and motor-driven cycles;

 

                (b)    Class 8 vehicles.

 

Does not permit the operation of

                (a)    type 1, 2, 3, 4 or 5 vehicles (except as a Learner);

 

                (b)    may be restricted to the operation of motor-driven cycles (mopeds) and motorcycles 100 c.c. and under.

 

Minimum requirements:

Age 18 (16 with parental or guardian consent), must have held a Class 7 license, successfully complete written test for Class 6, successfully demonstrate driving ability in any Class 6 vehicle, medical or optical certificates may be required.

 

Class 7

Is a Learner’s (Beginner’s) license which is valid only while holder is accompanied by a licensed driver in the class of vehicle being operated except Class 6 or 8.

 

Does not permit the operation of

                (a)    type 1, 2, 3, 4 or 5 vehicles (except as a Learner).

 

Minimum requirements:

Age 18 (16 with parental or guardian consent), successfully complete vision screening, written rules and sign tests. May be required to file medical or optical certificates.

 

Class 8

Permits the operation of

                (a)    a farm tractor that weighs 14 000 kg or less.

S. 1, Class 8(a) replaced: O.I.C. 2008-138, N.S. Reg. 117/2008.

 

Does not permit the operation of

                (a)    any other class of vehicle except as a Learner at age 16.

 

Minimum requirements:

Age 18 (14 with parental or guardian consent), successfully complete vision screening, rules and signs test, medical or optical certificate may be required.

 

2     The following endorsements may be added to a driver’s license to allow the driver to operate additional vehicles or combinations of vehicles when the respective minimum requirements have been met:

 

                (a)    Valid for any motorcycle and motor-driven cycle

(Minimum requirements: Must hold valid Class 1-5 license, successfully complete written test for Class 6 and successfully demonstrate driving ability in Class 6 vehicle);

 

                (b)    Valid for school bus

(Minimum requirements: Must be 19 years of age, hold valid Class 1-4 license, successfully complete written knowledge test and vision screening for operation of school bus and successfully demonstrate driving ability in school bus with seating capacity appropriate for class of license held);

 

                (c)    Valid for any motorcycle and school bus

(Minimum requirements: Must hold driver’s license valid for operation of motorcycle with engine size larger than 100 cc and complete minimum requirements for operation of school bus, or must hold driver’s license valid for operation of school bus and successfully complete minimum requirements for operation of motorcycle with engine larger than 100 cc);

 

                (d)    Valid only for motorcycle with engine size of 100 cc or less and motor-driven cycle

(Minimum requirements: Must hold valid Class 1-5 license, successfully complete written knowledge test for Class 6 license and successfully demonstrate driving ability in Class 6 vehicle with engine size of 100 cc or less);

 

                (e)    Valid for school bus and motorcycle with engine size of 100 cc or less and motor-driven cycle

(Minimum requirements: Must hold driver’s license valid for the operation of school bus and successfully complete minimum requirements for operation of motorcycle with engine size of 100 cc or less and motor-driven cycle, or must hold driver’s license valid for operation of motorcycle with engine size of 100 cc or less and motor-driven cycle and successfully complete minimum requirements for operation of school bus);

 

                (f)    Valid for vehicle equipped with air brakes

(Minimum requirements: Must hold valid Class 1-6 license and successfully complete written air brakes knowledge test).

 

                (g)    Valid for a farm tractor and trailer, if the combined weight of the vehicle combination weighs 14 000 kg or less

(Minimum requirements: Must hold Class 8 license, attend practical training program and pass competency test.)

S. 2(g) added: O.I.C. 2008-138, N.S. Reg. 117/2008.

Section 2 replaced: O.I.C. 2000-277, N.S. Reg. 95/2000.

 

3     A peace officer, an Examiner (R.M.V.), salesman of motor vehicles, or a garage mechanic and any member of a volunteer fire department may operate any vehicle in the performance of his or her duties providing he or she is the holder of at least a Class 5 license.

Section 3 amended: O.I.C. 82-1374, N.S. Reg. 232/82.

 

4     Any person not previously licensed in Nova Scotia or in any other jurisdiction shall be required to obtain a Class 7 driver’s license before operating a motor vehicle in Nova Scotia.

 

5     An applicant for the following Classes of license must meet the following conditions:

 

                (a)    An applicant for a Class 1 or 2 license shall have

 

                         (i)     no impairment of the use of fingers, feet, legs, hands or arms, or other structural defects, limitation of mobility or coordination, to a degree likely to interfere with the safe operation of a motor vehicle,

 

                         (ii)    no need for the use of any drug which, if taken in the dosage prescribed or otherwise, could impair the ability of the applicant to operate a motor vehicle,

 

                         (iii)   no established medical evidence of myocardial infarction, angina pectoris, coronary insufficiency, or thrombosis,

 

                         (iv)   no established medical evidence of heart disease including arrhythmia or respiratory dysfunction likely to interfere with the safe operation of a motor vehicle and the presence of an aortic aneurysm, whether restricted or not, shall disqualify an applicant for a Class 1 and 2 license,

 

                         (v)    no indication of hypertension which is accompanied by postural hypotension resulting in giddiness when under treatment,

 

                         (vi)   no established medical history of loss of consciousness or awareness due to a chronic or recurring condition,

 

                         (vii)  visual acuity, with or without correction, of not less than 6/9(20/30) best eye and no worse than 6/15(20/50) in weakest eye,

 

                        (viii)  horizontal visual fields of not less than 120 degrees in each eye by confrontation tests,

 

                         (ix)   colour recognition to be able to accurately identify the colours red, green and amber,

 

                         (x)    no evidence of monocular or aphakic condition,

 

                         (xi)   ability to perceive a forced whispered voice at not less than five feet in the best ear,

 

                         (xii)  no established medical history or diagnosis of a disorder of the musculoskeletal or nervous system which may interfere with the safe operation of a motor vehicle,

 

                        (xiii)  no clinical diagnosis as an alcoholic or drug addict, unless it is medically determined that the person is no longer alcohol or drug dependent,

                        (xiv)  no established medical evidence of an intractable psychoneurotic disorder having particular regard for sustained hostile, aggressive, paranoid, or suicidal tendencies and agitated depression, until evaluated,

 

                         (xv)  no other physical or mental impairment, disease or condition which is likely to significantly interfere with the individual’s ability to operate a motor vehicle safely,

 

                        (xvi)  a medical certificate indicating the applicant has none of the disabilities set out above, and

 

                        (xvii) a medical re-examination and the filing of a satisfactory report completed by the examining physician upon the next renewal date of the driver’s license following initial issuance of the driver’s license and every five years thereafter until age 64, and annually thereafter; and

Subclause 5(a)(xvii) amended: O.I.C. 93-799, N.S. Reg. 138/93; effective January 4, 1994.

 

                (b)    An applicant for a Class 3 or 4 license shall meet the conditions established for an applicant of a Class 1 or 2 license except

 

                         (i)     established medical evidence of a first occurrence of myocardial infarction or thrombosis is not a contraindication to a Class 3 license if it is medically determined that a full recovery has been accomplished, however, a second occurrence or recurring angina pectoris shall result in disqualification,

 

                         (ii)    the visual acuity of an applicant for a Class 3 license shall be not less than 6/12 (20/40) in at least one eye,

 

                         (iii)   the applicant for a Class 3 license shall have not less than 120 degrees of horizontal visual field with both eyes open and examined together,

 

                         (iv)   the applicant for a Class 3 license may possess evidence of monocular or aphakic condition.

 

                (c)    An applicant for a Class 5, 6, 7 or 8 license shall have

 

                         (i)     visual acuity with or without correction of not less than 6/12 (20/40) in at least one eye,

 

                         (ii)    horizontal visual fields of not less than 120 degrees by confrontation tests, and

 

                         (ii)    have no physical or mental impairment, disease, or condition which is likely to significantly interfere with the individual’s ability to operate a motor vehicle safely.

Subsection 5(c) added: O.I.C. 93-791, N.S. Reg. 136/93.

Section 5 replaced: O.I.C. 92-1182, N.S. Reg. 251/92.

 

6     A person or company may be appointed a “Recognized Authority” which will permit the “Signing Authority” to issue Certificates of Competence.

 

7     Definitions:

       “Recognized Authority”            -    title given to the company

       “Signing Authority”                  -    title given to the Safety Officer

       “Safety Officer”                         -    the person who is responsible for driver training

       “Certificate of Competence”     -    document signed by signing authority certifying that an individual is competent to operate a particular class of vehicle

 

8     Requirements:

                (a)    The employer must have an established place of business in Nova Scotia.

 

                (b)    The employer must operate a fleet of at least ten vehicles specified in Classes 1, 2 or 3.

 

                (c)    The employer must have a training program.

 

                (d)    Must employ a Safety Officer.

 

                (e)    Provide training facilities.

 

                (f)    Maintain accurate driver performance records.

 

                (g)    Comply with inter-provincial requirements if so engaged.

 

                (h)    Allow periodic checks by an Inspector of the Registry of Motor Vehicles who will

 

                         (i)     monitor road test,

                         (ii)    monitor training instructions,

                         (iii)   check records.

 

                (i)     Records - The “Recognized Authority” will maintain a driver performance file for each driver certified.

 

9     The Training Officer will be responsible for training drivers with respect to

 

                (a)    pre-trip inspection;

 

                (b)    coupling and uncoupling combination units;

 

                (c)    use of the vehicle controls and emergency equipment;

 

                (d)    operation of the vehicle in traffic and while passing other vehicles;

 

                (e)    turning the vehicle;

 

                (f)    braking and slowing the vehicle by means other than braking;

 

                (g)    backing and parking the vehicle;

 

                (h)    procedures in event of breakdown, accident detours, etc.;

 

                (i)     techniques of use of freeways, tunnels, bridges, interchanges, weight scale approaches, etc.;

 

                (j)     precautions when leaving unattended vehicle;

 

                (k)    loading, securing, and bracing of loads;

 

                (l)     special handling characteristics for explosives, bulk liquids, flammable, corrosive or toxic materials if applicable.

 

10   Road test

The road test must

                (a)    meet the standards set by the Registry of Motor Vehicles;

 

                (b)    be administered by the “Signing Authority” and a Certification Report on a prescribed form will be completed and forwarded to the Registry of Motor Vehicles to facilitate licensing.

 

11   (a)    Where a person or company has been appointed a “Recognized Authority” the Minister shall issue a Certificate upon payment of a fee of $10.30.

Subsection 11(a) amended: O.I.C. 2015-96, N.S. Reg. 124/2015.

 

       (b)    Where a person has been appointed “Signing Authority” the Minister shall issue a Certificate upon payment of a fee of $2.05.

Subsection 11(b) amended: O.I.C. 2015-96, N.S. Reg. 124/2015.

 

       (c)    The Certificates mentioned in subsections (a) and (b) shall expire on the date stated thereon.

 

12   No person shall perform the duties of a “Signing Authority” or issue Certificates of Competence when his/her Driver’s License has expired or has been revoked, suspended or cancelled.

 

13   (1)    A person issued a driver’s license as of September 1, 1982 who does not meet the requirements established in these regulations may continue to qualify for the class of license required under these regulations.

 

       (2)    Despite subsection (1), where the Director of Highway Safety and Field Programs is of the opinion that a person mentioned in subsection (1) may be an unacceptable safety risk for the class of vehicle operated by the person, the Medical Advisory Committee on Driver Licensing shall review the matter and a driver’s license shall not be issued to the person unless the Committee advises the Registrar that the person does not represent an unacceptable safety risk for the class of vehicle operated by the person.

Section 13 added: O.I.C. 84-1325, N.S. Reg. 274/84; replaced: O.I.C. 92-1182, N.S. Reg. 251/92.

 

14   (1)    The Minister may appoint a Medical Advisory Committee on Driver Licensing to include members of the medical profession nominated by the Medical Society of Nova Scotia.

 

       (2)    The Director of Highway Safety and Field Programs shall be the chair of the Committee.

 

       (3)    The Committee shall advise the Registrar of Motor Vehicles on matters related to medical fitness to operate motor vehicles.

Section 14 added: O.I.C. 92-1182, N.S. Reg. 251/92.

 

15   (1)    The Registrar of Motor Vehicles may issue a class of driver’s license to a person who does not fully satisfy the conditions established in these regulations subject to any conditions deemed appropriate by the Registrar.

 

       (2)    A driver’s license shall not be issued under subsection (1) unless the Medical Advisory Committee on Driver Licensing advises the Registrar that the person does not represent an unacceptable safety risk for the class of vehicle operated by the person.

Section 15 added: O.I.C. 92-1182, N.S. Reg. 251/92.