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Vehicle Inspection Regulations

made under subsection 201(7) of the

Motor Vehicle Act

R.S.N.S. 1989, c. 293

O.I.C. 2006-505 (November 28, 2006, effective February 1, 2007), N.S. Reg. 214/2006

as amended to O.I.C. 2015-295 (Sept. 8, 2015, effective Sept. 15, 2015), N.S. Reg. 319/2015

 


Table of Contents

Please note: this table of contents is provided for convenience of reference

and does not form part of the regulations.
Click here to go to the text of the regulations.

 

Interpretation

Citation

Definitions

Application of regulations

 

Standards for Official Testing Stations

Facility and equipment requirements for official testing station

Tester required to be employed at official testing station

 

Testers’ Qualifications and Licensing

Vehicle-specific qualifications for testers

Application for tester’s license or renewal

False statement in tester’s license application

Issue or renewal of tester’s license

Refusal to issue or renew tester’s license

Cancellation or suspension of tester’s license

 

Inspection Stickers and Inspection Certificate

Forms of inspection stickers and inspection certificate

Sale of inspection stickers and inspection certificates to official testing stations

Voided inspection sticker and certificate

 

Inspection Procedures

Who may inspect vehicles

Where inspections must be conducted

Duties of tester and vehicle inspector

Vehicle parts that must be inspected

Official Inspection Station Manual

Issue of inspection stickers and inspection certificates

When rejection sticker must be issued

When vehicle is believed to be unroadworthy

Rejected vehicle with unexpired inspection sticker

Issue of replacement inspection sticker or inspection certificate

Location of inspection stickers

Validity of inspection stickers

Inspection fees

 

Duties of Owner or Operator of Vehicle

Ensuring vehicle is inspected

Repairs to rejected vehicle

Inspection on sale of vehicle

Inspection of vehicle purchased or registered outside the Province

Exemption for vehicle with certificate of inspection under Motor Carrier Act

 

Official Testing Station Licensing

Application for official testing station license

Application for renewal of official testing station license

False statement in application for official testing station license

Designation of Registrar for purposes of subsection 201(2B) of the Act

Registrar may inspect premises before official testing station license issued or renewed

Refund of license fee on refusal to issue or renew official testing station license

Terms and conditions of official testing station license

Official testing station license not transferable

Licensee must return documents if license cancelled or suspended

Licensee name change and license replacement

Filings and registrations with Registry of Joint Stock Companies

Licensee’s duties

 

Penalties

Category A offences

Category B offences

Category C offences

Category E offences

Category G offences

 

Schedule A: List of Tools and Equipment Required for Official Testing Stations

Vehicles with registered gross weight of 4500 kg or less, other than motorcycles and motor-driven cycles

Vehicles with registered gross weight over 4500 kg

Motorcycles or motor-driven cycles

Trailers with registered gross weight of 4500 kg or less without brakes or equipped with electric or hydraulic brakes

Trailers with registered gross vehicle weight over 4500 kg and equipped with electric, hydraulic or air brakes

 

Schedule B

Form 1 - Approval Sticker

Form 2 - Rejection Sticker

Form 3 - Vehicle Inspection Certificate


Interpretation


Citation

1     These regulations may be cited as the Vehicle Inspection Regulations.


Definitions

2     In these regulations,

 

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

 

                (b)    “approval sticker” means a sticker issued by a tester or a vehicle inspector under Section 21;

 

                (c)    “business day” means any day other than a Saturday, Sunday or statutory holiday;

 

                (d)    “certificate of qualification” for a tester means

 

                         (i)     a certificate of qualification issued under the Apprenticeship and Trades

Qualification[s] Act,

 

                         (ii)    an equivalency card recognized by the Registrar, or

 

                         (iii)   an Interprovincial Standards (Red Seal) Program qualification issued by another province;

Clause 2(d) replaced: O.I.C. 2011-269, N.S. Reg. 238/2011.

 

                (e)    “Department” means Service Nova Scotia and Municipal Relations;

[Note: the reference to the Department of Service Nova Scotia and Municipal Relations should be read as a reference to the Department of Transportation and Infrastructure Renewal in accordance with Order in Council 2014-432 under the Public Service Act, R.S.N.S. 1989, c. 376, effective October 20, 2014.]

 

                (f)     “inspection” means an inspection of a vehicle in accordance with these regulations;

 

                (g)    “inspection certificate” means a certificate issued under Section 20 or 21 that sets out the results of an inspection;

 

                (h)    “inspection sticker” means an approval sticker or a rejection sticker;

 

                (i)     “licensee” means a person to whom an official testing station license is issued under subsection 201(2A) of the Act;

 

                (ia)   “new vehicle” means a vehicle that has never been registered in any jurisdiction, and is sold to its owner by a licensed dealer in the Province;

Clause 2(ia) added: O.I.C. 2009-96, N.S. Reg. 49/2009.

 

                (j)     “Official Inspection Station Manual” means the official inspection station manual prepared and distributed by the Registrar in accordance with Section 18A;

Clause 2(j) replaced: O.I.C. 2011-269, N.S. Reg. 238/2011.

 

                (k)    “official testing station” means a facility licensed in accordance with Section 201(2A) of the Act and these regulations;

 

                (ka)  “pre-delivery inspection” means an inspection prescribed by the manufacturer for a new vehicle and completed by a tester employed by a licensed dealer before the licensed dealer sells the new vehicle;

Clause 2(ka) added: O.I.C. 2009-96, N.S. Reg. 49/2009.

 

                (l)     “rejection sticker” means a sticker issued by a tester or a vehicle inspector under Section 20;

 

                (m)   “roadworthy”, in describing a vehicle, means not unroadworthy;

 

                (n)    “tester” means a person licensed under Section 9;

 

                (na)  “Type 1 vehicle” means a vehicle in any of the following classes:

 

                         (i)     passenger motor vehicles, except taxicabs,

 

                         (ii)    trucks and vans that weigh under 4501 kg,

 

                         (iii)   implements of husbandry that are not required to display a slow-moving vehicle sign as prescribed under the Act,

 

                         (iv)   motorcycles,

 

                         (v)    motor-driven cycles,

 

                         (vi)   trailers that weigh less than 4501 kg,

 

                         (vii)  motor vehicles designed or reconstructed, equipped and used or intended to be used primarily for sleeping, eating and living quarters, including motorized homes or buses converted for that purpose,

 

                         (viii) trailers designed and intended for use as temporary or permanent living accommodations;

Clause 2(na) added: O.I.C. 2009-96, N.S. Reg. 49/2009.

 

                (nb)  “Type 2 vehicle” means a vehicle in any of the following classes:

 

                         (i)     trucks and truck tractors that weigh 4501 kg or more,

 

                         (ii)    trailers that weigh 4501 kg or more,

 

                         (iii)  ambulances,

 

                         (iv)   hearses,

 

                         (v)    motor vehicle service, repair or towing trucks,

 

                         (vi)   taxicabs,

 

                         (vii)  fire department vehicles,

 

                         (viii) buses not licensed as public passenger vehicles under the Motor Carrier Act, except buses that are passenger vehicles as defined in subsection 2(h) of that Act,

 

                         (ix)   vehicles that have permanently mounted equipment on a truck or truck tractor chassis, such as a crane, a lifting device or well-drilling or other miscellaneous equipment;

Clause 2(nb) added: O.I.C. 2009-96, N.S. Reg. 49/2009.

 

                (o)    “unroadworthy”, in describing a vehicle, means having a defect or defects that could result in loss of control of the vehicle or could jeopardize the health or safety of an occupant of the vehicle or another person;

 

                (oa)  “used vehicle” means a vehicle that is not a new vehicle;

Clause 2(oa) added: O.I.C. 2009-96, N.S. Reg. 49/2009.

 

                (p)    “vehicle inspector” means a person appointed as a motor vehicle inspector under Section 6 of the Act;

 

                (q)    “voided inspection sticker and certificate” means an inspection sticker and corresponding inspection certificate that are unusable for any of the reasons set out in Section 14.


Application of regulations

3     These regulations apply only to vehicles or classes of vehicles that must be tested at official testing stations by order of the Minister under subsection 201(3) of the Act.


Standards for Official Testing Stations


Facility and equipment requirements for official testing station

4     Every official testing station must meet all of the following facility and equipment requirements:

 

                (a)    it must have an enclosed facility that, in the opinion of the Registrar, is large enough to permit the proper inspection of any class of vehicle that the licensee intends to be tested there;

 

                (b)    it must have the tools and equipment listed in Schedule A for the class of vehicle to be inspected, or any other tools and equipment that the Registrar considers appropriate;

 

                (c)    the tools and equipment required by clause (b) must be kept inside the station and must be maintained in good working order at all times;

 

                (d)    it must have a secure area for storing inspection stickers;

 

                (e)    it must be located in a facility that conforms with all applicable municipal by-laws;

 

                (f)     it must be open during as many hours and with as much regularity as is reasonably necessary to provide service to its typical clients and to permit the Department to ensure that it complies with these regulations.

 

                (g)    it must be located in a facility owned by or under lease to the licensee it is licensed to.


Tester required to be employed at official testing station

5     For every official testing station licensed to a licensee, the licensee must employ at least one tester who has the qualifications set out in Section 6 that apply to the type of vehicle to be tested at the official testing station.


Testers’ Qualifications and Licensing


Vehicle-specific qualifications for testers

6     A tester must have the qualifications set out in the following table for the class of vehicle that the tester inspects:


 

Class of Vehicle

Tester’s Qualifications

1

Vehicle with registered gross weight of 4500 kg or less, other than a motorcycle or motor-driven cycle, or vehicle with registered gross weight of more than 4500 kg and equipped with hydraulic brakes

Valid certificate of qualification in any of the following trades:

– service station mechanic

– automotive service technician

– front end and brake mechanic

or

Certification by Department before August 1, 2000, as a tester of vehicles with a registered gross weight of less than 4501 kg

2

Vehicle with registered gross weight of more than 4500 kg and not equipped with hydraulic brakes

Valid certificate of qualification in the truck and transport mechanic trade

3

Motorcycle or motor-driven cycle

Valid certificate of qualification in the motorcycle mechanic trade

or

Certification by Department before August 1, 2000, as a tester of motorcycles

4

Trailer with registered gross weight of under 4500 kg

Before January 1, 2010:

Valid certificate of qualification in any of the following trades:

– truck and transport mechanic

– automotive service technician

– service station mechanic

– motorcycle mechanic

– recreation vehicle service technician

or

Certification by Department before August 1, 2000, as a tester of trailers equipped with electric or hydraulic brakes


January 1, 2010, and after:

Valid certificate of qualification in either of the following trades:

– truck and transport mechanic

– recreation vehicle service technician

or

Completion of an appropriate training program recognized by the Registrar

5

Trailer with registered gross weight of over 4500 kg and equipped with air brakes

Valid certificate of qualification in either of the following trades:

– truck and transport mechanic

– transport trailer technician

Section 6 (Table) amended: O.I.C. 2009-96, N.S. Reg. 49/2009.

 

Application for tester’s license or renewal

7     (1)    An application for a tester’s license, or renewal of a tester’s license, must be made on the form prescribed by the Registrar and must be submitted to the Department together with all of the following:

 

                (a)    the fee for a tester’s license or renewal of a tester’s license payable under

subsection 9(5);

 

                (b)    proof of qualification under Section 6 that is satisfactory to the Registrar.

 

       (2)    An applicant for a tester’s license, or renewal of a tester’s license, must take any examinations and tests that the Registrar requires.

 

       (3)    If one year or more has elapsed since the date that the tester’s license expired or was suspended, the tester must apply for a new tester’s license.

 

       (4)    In addition to being required to apply for a new tester’s license, a tester described in subsection (3) who was certified by the Department before August 1, 2000, must complete an appropriate training program recognized by the Registrar.

 

False statement in tester’s license application

8     A person must not make a false statement in an application for a tester’s license or renewal of a tester’s license.

 

Issue or renewal of tester’s license

9     (1)    The Registrar may issue or renew a tester’s license in accordance with these regulations.

 

       (2)    A tester’s license is valid for the calendar year for which it is issued or renewed.

 

       (3)    A tester’s license must state all of the following:

 

                (a)    the name of the tester;

 

                (b)    the class of vehicle the tester is qualified to inspect;

 

                (c)    the expiry date of the license.

 

       (4)    A tester’s license may contain any conditions that the Registrar requires.

 

       (5)    The fee for a tester’s license, or renewal of a tester’s license, is $11.70.

Subsection 9(5) amended: O.I.C. 2015-96, N.S. Reg. 138/2015.

 

       (6)    The fee for a duplicate tester’s license is $5.80.

Subsection 9(6) amended: O.I.C. 2015-96, N.S. Reg. 138/2015.

 

Refusal to issue or renew tester’s license

10   The Registrar may refuse to issue or renew a tester’s license for any of the following reasons:

 

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

 

                (b)    the Registrar determines that the application contains a false statement;

 

                (c)    the applicant does not take an examination or test that the Registrar requires, or the applicant does not complete an examination or test in a manner satisfactory to the Registrar;

 

                (d)    the Registrar is not satisfied as to the applicant’s ability or fitness to be a tester.

 

Cancellation or suspension of tester’s license

11   The Registrar may cancel or suspend a tester’s license for any of the following reasons:

 

                (a)    the Registrar determines that the tester’s application contains a false statement;

 

                (b)    the tester’s license was issued on the basis of incorrect or false information;

 

                (c)    the tester is not in compliance with the Act, these regulations or any condition

of the tester’s license;

 

                (d)    the Registrar is not satisfied as to the tester’s ability or fitness to continue as a tester.


Inspection Stickers and Inspection Certificate

 

Forms of inspection stickers and inspection certificate

12   (1)    An approval sticker must be in Form 1 of Schedule B.

 

       (2)    A rejection sticker must be in Form 2 of Schedule B.

 

       (3)    An inspection certificate must be in Form 3 of Schedule B.

 

Sale of inspection stickers and inspection certificates to official testing stations

13   (1)    The Department must sell inspection stickers to official testing stations at a fee of $3.50 each, which includes the corresponding inspection certificate.

Subsection 13(1) amended: O.I.C. 2015-96, N.S. Reg. 138/2015.

 

       (2)    The Department may refuse to sell inspection stickers and certificates to an official testing station if the Registrar believes that the official testing station

 

                (a)    does not have adequate security for the inspection stickers and certificates; or

 

                (b)    is not returning the Department’s copies of issued certificates to the Department in a timely manner.

 

       (3)    A person must not sell an inspection sticker or an inspection certificate unless they are authorized to do so by these regulations.

 

Voided inspection sticker and certificate

14   An inspection sticker and corresponding inspection certificate are void and unusable if any of the following occur:

 

                (a)    an incorrect date is punched on the inspection sticker;

 

                (b)    an error is made in completing the inspection certificate;

 

                (c)    either the inspection sticker or the corresponding inspection certificate is materially damaged or defaced.

 

Inspection Procedures

 

Who may inspect vehicles

15   (1)    Only a tester or a vehicle inspector may inspect vehicles and issue inspection stickers and inspection certificates.

 

       (2)    A tester may inspect only those vehicles that are in a class of vehicle that the tester is qualified to inspect under Section 6.

 

       (3)    Despite any other provision of these regulations, a tester who is licensed to inspect a vehicle with a registered gross weight of 4500 kg or less, other than a motorcycle or motor-driven cycle, solely on the basis of having been certified by the Department before August 1, 2000, may issue an inspection sticker or inspection certificate for that class of vehicle only if the tester’s inspection of the vehicle’s brakes was done in the presence of a person who holds one of the certificates of qualification required for a tester of a vehicle of that class.

 

       (4)    No person other than one of the following may affix an inspection sticker to a vehicle or remove an inspection sticker from a vehicle:

 

                (a)    a vehicle inspector;

 

                (b)    a tester who inspected the vehicle and who is qualified under Section 6 to inspect that class of vehicle.

 

Where inspections must be conducted

16   (1)    An inspection must be conducted and an inspection sticker issued, affixed or removed only at an official testing station.

 

       (2)    Despite subsection (1), a vehicle inspector may inspect a vehicle and issue, affix or remove an inspection sticker at any location.

 

Duties of tester and vehicle inspector

17   (1)    A tester or a vehicle inspector must do all of the following:

 

                (a)    conduct and certify an inspection in accordance with these regulations;

 

                (b)    complete and issue an inspection certificate and inspection sticker for each vehicle inspected;

 

                (c)    check vehicle registration information for each vehicle inspected and notify the Registrar no later than 3 business days after the inspection date, on the form prescribed by the Registrar, if the information on the vehicle’s permit, including any of the following, does not correspond with the actual vehicle in any respect:

 

                         (i)  the number plates,

 

                         (ii) the vehicle identification number,

 

                         (iii)   the make and year of the vehicle;

 

                (d)    provide true, accurate and complete information to the Registrar for each vehicle inspected and each inspection sticker and inspection certificate issued.

 

       (2)    Any discrepancy referred to in clause (1)(c) between the vehicle permit information and the actual vehicle is not sufficient reason for the tester or vehicle inspector to refuse to inspect the vehicle or refuse to issue an inspection sticker and inspection certificate.

 

       (3)    A tester or a vehicle inspector must not do any of the following:

 

                (a)    falsely certify an inspection;

 

                (b)    knowingly issue a rejection sticker for a vehicle that should be approved;

 

                (c)    knowingly issue an approval sticker for a vehicle that should be rejected;

 

                (d)    issue a voided inspection certificate or voided inspection sticker for a vehicle or affix a voided inspection sticker to a vehicle.

 

Vehicle parts that must be inspected

18   (1)    All of the following parts of a Type 1 vehicle, except a motorcycle, motor-driven cycle or trailer, must be inspected:

 

                (a)    windshield and window glass;

 

                (b)    brakes;

 

                (c)    steering system;

 

                (d)    suspension system;

 

                (e)    exhaust system;

 

                (f)     fuel system;

 

                (g)    tires and wheels;

 

                (h)    body components.

 

       (2)    In addition to the requirements in subsection (1), the following items must be inspected when a Type 1 vehicle referred to in subsection (1) has not previously been inspected under these regulations:

 

                (a)    horn;

 

                (b)    windshield wipers;

 

                (c)   lights;

 

                (d)    mirrors;

 

                (e)    coupling devices and towing connections.

 

       (3)    All of the following parts of a motorcycle or motor-driven cycle must be inspected:

 

                (a)    brakes;

 

                (b)    steering system;

 

                (c)    handlebars;

 

                (d)    suspension system;

 

                (e)    frame and forks;

 

                (f)     exhaust system;

 

                (g)    chain or drive-shaft protection;

 

                (h)    fuel system;

 

                (i)     tires and wheels;

 

                (j)     body components.

 

       (4)    In addition to the requirements in subsection (3), the following items must be inspected when a motorcycle or motor-driven cycle has not previously been inspected under these regulations:

 

                (a)    horn;

 

                (b)    lights;

 

                (c)   foot rests;

Clause 18(4)(d) repealed: O.I.C. 2011-269, N.S. Reg. 238/2011.

 

                (e)    mirrors;

 

                (f)     windshield or windscreen, if applicable.

 

       (5)    All of the following parts of a Type 1 trailer must be inspected:

 

                (a)    for a trailer, brakes, if any;

 

                (b)    coupling devices and towing connections;

 

                (c)    suspension system;

 

                (d)    tires and wheels;

 

                (e)    frame;

 

                (f)     body components.

 

       (6)    In addition to the requirements in subsection (5), when a Type 1 trailer has not previously been inspected under these regulations the lights must be inspected.

 

       (7)    All of the following parts of a Type 2 vehicle, except a trailer, must be inspected:

 

                (a)    windshield and window glass;

 

                (b)    brakes;

 

                (c)    steering system;

 

                (d)    suspension system;

 

                (e)    exhaust system;

 

                (f)     fuel system;

 

                (g)    tires and wheels;

 

                (h)    body components;

 

                (i)     horn;

 

                (j)     windshield wipers;

 

                (k)   lights;

 

                (l)     mirrors;

 

                (m)   coupling devices and towing connections.

 

       (8)    All of the following parts of a Type 2 trailer must be inspected:

 

                (a)    brakes;

 

                (b)    coupling devices and towing connections;

 

                (c)    suspension system;

 

                (d)    tires and wheels;

 

                (e)    frame;

 

                (f)     body components;

 

                (g)    lights.

Subsection 18(9) repealed: O.I.C. 2011-269, N.S. Reg. 238/2011.

Section 18 replaced: O.I.C. 2009-96, N.S. Reg. 49/2009.

 

Official Inspection Station Manual

18A(1)    The Registrar must prepare and distribute a manual, to be known as the Official Inspection Station Manual, that specifies

 

                (a)    procedures for inspecting vehicles;

 

                (b)    acceptance and rejection criteria for inspections; and

 

                (c)    any additional matters that the Registrar determines are necessary for inspecting vehicles and operating an official inspection station.

 

       (2)    A licensee and a tester must comply with the Official Inspection Station Manual.

Section 18A added: O.I.C. 2011-269, N.S. Reg. 238/2011.

 

Issue of inspection stickers and inspection certificates

19   (1)    After completing and [an] annual or biannual vehicle inspection for a vehicle, a tester or a vehicle inspector must

 

                (a)    remove and destroy the existing inspection sticker and destroy the existing inspection certificate, if any;

 

                (b)    issue an approval sticker or a rejection sticker for the vehicle, together with an inspection certificate signed by the tester or vehicle inspector; and

 

                (c)    affix the inspection sticker to the vehicle in accordance with Section 23.

 

       (2)    After completing a satisfactory pre-delivery inspection, a tester must

 

                (a)    issue an approval sticker for the vehicle, together with an inspection certificate signed by the tester; and

 

                (b)    affix the inspection sticker to the vehicle in accordance with Section 23.

Section 19 replaced: O.I.C. 2009-96, N.S. Reg. 49/2009.

 

When rejection sticker must be issued

20   A tester or vehicle inspector must issue a rejection sticker and a corresponding inspection certificate for a vehicle if any part that is required to be inspected by Section 18

 

                (a)    does not meet the standards of the Act, any regulations made under the Act or the Official Inspection Station Manual; or

 

                (b)    is missing, and the vehicle was designed by its manufacturer to be equipped with the part.

Section 20 replaced: O.I.C. 2009-96, N.S. Reg. 49/2009.

 

When vehicle is believed to be unroadworthy

21   (1)    Despite the requirement in Section 19 to affix an inspection sticker to a vehicle, a rejection sticker issued for a vehicle must not be affixed to the vehicle if the tester or vehicle inspector who inspected the vehicle believes that the vehicle is unroadworthy.

 

       (2)    If a tester or a vehicle inspector believes that a vehicle is unroadworthy, the tester or vehicle inspector must record that the vehicle is unroadworthy on the copy of the inspection certificate to be returned to the Department and must affix a rejection sticker to that copy of the inspection certificate.

 

       (3)    Neither the operator of an official testing station nor a tester has authority to detain a vehicle that is recorded as being unroadworthy.

Section 21 replaced: O.I.C. 2009-96, N.S. Reg. 49/2009.

 

Rejected vehicle with unexpired inspection sticker

21ADespite Sections 19 and 20, if a tester or vehicle inspector determines that a roadworthy vehicle cannot pass inspection, but the existing inspection sticker is valid for 10 or more days from the date of inspection, the tester or vehicle inspector may, at the owner’s request, leave the existing inspection sticker on the vehicle and return the existing inspection certificate to the owner.

Section 21A added: O.I.C. 2009-96, N.S. Reg. 49/2009.

 

Issue of replacement inspection sticker or inspection certificate

22   (1)    A tester or vehicle inspector may issue a replacement inspection sticker or replacement inspection certificate if the tester or inspector is satisfied that the existing sticker or certificate has been lost, damaged or stolen.

 

       (2)    A replacement inspection sticker or inspection certificate must be issued with the same expiry date as the lost, damaged or stolen inspection sticker or inspection certificate and must be clearly marked “replacement only” by the tester or inspector.

 

       (3)    A tester or vehicle inspector is not required to inspect a vehicle before issuing a replacement inspection sticker or inspection certificate for the vehicle.

 

       (4)    A licensee may charge a maximum fee of $5 for a replacement inspection sticker or inspection certificate.

 

Location of inspection stickers

23   (1)    On a vehicle equipped with a windshield, an inspection sticker must be securely affixed to the lower left-hand interior of the windshield.

 

       (2)    On a trailer, an inspection sticker must be securely affixed to the lower left-hand side of the trailer as near the front as possible, and must be easily visible.

 

       (3)    On a motorcycle or motor-driven cycle, an inspection sticker must be securely affixed in any one of the following places:

 

                (a)    top of front mudguard forward of the forks;

 

                (b)    lower left-hand fork leg;

 

                (c)    lower left-hand exterior of the windshield.

 

Validity of inspection stickers

24   (1)    An approval sticker issued for a Type 1 vehicle that is a new vehicle is valid for 3 years from the end of the month of its issue.

 

       (2)    An approval sticker issued for a Type 1 vehicle that is a used vehicle is valid for 2 years from the end of the month of its issue.

 

       (3)    An approval sticker issued for a Type 2 vehicle is valid for 1 year from the end of the month of its issue.

 

       (4)    A rejection sticker is valid for 10 days including the date it is issued.

 

       (5)    Despite subsections (1), (2) and (3), the Registrar or a person designated by the Registrar may, in writing, extend the expiry date of an approval sticker.

 

       (6)    Despite subsection (4), the owner or operator of a vehicle may apply to the Registrar for an extension of the expiry date of a rejection sticker issued to the vehicle, and the Registrar or a person designated by the Registrar may extend the expiry date.

 

       (7)    Despite subsections (1) and (2),

 

                (a)     an approval sticker issued for a Type 1 vehicle is valid for 1 year from the end of the month of its issue if

 

                         (i)     the vehicle is purchased by a resident of New Brunswick or Prince Edward Island, and

 

                         (ii)    the dealer selling the vehicle does not file a new vehicle information form with the Registrar on behalf of the purchaser;

 

                (b)    an approval sticker issued for a Type 1 used vehicle that is registered in New Brunswick or Prince Edward Island is valid for 1 year from the end of the month of its issue.

Subsection 24(7) added: O.I.C. 2011-269, N.S. Reg. 238/2011.

Section 24 replaced: O.I.C. 2009-96, N.S. Reg. 49/2009.

 

Inspection fees

25   (1)    For each completed inspection, an official testing station may charge a fee up to the applicable maximum fee set out in the following table:

 

Class of Vehicle

Maximum Fee

1

Motor vehicle with single rear axle designed for 2 wheels, including passenger car, station wagon, truck or motorized home 

$29.15

2

Motorcycle or motor-driven cycle

$16.35

3

Truck or truck tractor, bus or motorized home with hydraulic brakes and single rear axle designed for 4 wheels (4500 kg or less)


Motor home with 2 rear axles designed for single wheels (over 4500 kg)


Motor home with single rear axle designed for 4 wheels

$40.85

4

Truck or truck tractor, bus or motorized home (over 4500 kg) with 2 rear axles designed for 4 wheels

$98.00

5

Trailer or semi-trailer not equipped with brakes (4500 kg or less)

$16.40

6

Trailer or semi-trailer equipped with electric or surge hydraulic brakes (4500 kg or less)

$22.35 (1 axle)

plus $11.45 for each

additional axle

7

Trailer or semi-trailer with registered weight of over 4500 kg

$40.85

Subsection 25(1) replaced: O.I.C. 2013-105, N.S. Reg. 140/2013; O.I.C. 2015-282, N.S. Reg. 312/2015; O.I.C. 2015-295, N.S. Reg. 319/2015.

 

       (2)    An additional inspection fee must not be charged for a rejected vehicle that is returned to the official testing station where the vehicle was inspected while the rejection sticker is still valid or the extension period granted by the Registrar or the Registrar’s designate under subsection 24(4) has not expired.

 

Duties of Owner or Operator of Vehicle

 

Ensuring vehicle is inspected

26   (1)    An owner or operator of a vehicle that is a vehicle or a member of a class of vehicles ordered by the Minister to be inspected in a specified time period under subsection 201(3) of the Act must

 

                (a)    ensure that an inspection of the vehicle is conducted and certified by a tester or a vehicle inspector; and

 

                (b)    produce the valid inspection certificate for the vehicle at the request of a peace officer.

 

       (2)    Except as provided in subsection 28(6) and (7), an owner or operator of a vehicle described in subsection (1) must not operate the vehicle without a valid inspection sticker in place and a valid inspection certificate for the vehicle in their possession.

 

Repairs to rejected vehicle

27   If a vehicle is inspected at an official testing station and is issued a rejection sticker, the owner or operator of the vehicle must

 

                (a)    have the necessary repairs made to the vehicle to bring it into conformity with the standards of the Act, any regulations made under the Act and the Official Inspection Station Manual; and

Clause 27(a) amended: O.I.C. 2011-269, N.S. Reg. 238/2011.

 

                (b)    return the vehicle to an official testing station before the expiry date of the rejection sticker or the expiry of the extension period granted under subsection 24(4).

 

Inspection on sale of vehicle

28   (1)    A dealer must not sell a Type 1 new vehicle unless it has been inspected and certified by a tester and it has a valid approval sticker and corresponding inspection certificate.

Subsection 28(1) replaced: O.I.C. 2009-96, N.S. Reg. 49/2009.

 

       (1A) A person must not sell a Type 1 used vehicle or a Type 2 vehicle unless it has been inspected and certified by a tester or vehicle inspector while in the registered owner’s possession within 30 days before the date the vehicle is sold and it has a valid approval sticker and corresponding inspection certificate.

Subsection 28(1A) added: O.I.C. 2009-96, N.S. Reg. 49/2009.

 

       (2)    The cost of an inspection is the responsibility of the seller.

 

       (3)    Despite subsections (1) and (1A), a person may sell a used vehicle that has not been inspected and certified by a tester or vehicle inspector if the purchaser gives written acknowledgment of the absence of an inspection to the Department in a form acceptable to the Department.

Subsection 28(3) replaced: O.I.C. 2011-269, N.S. Reg. 238/2011.

 

       (4)    For the purposes of this Section, a vehicle that is assigned or consigned to or in the possession of a licensed dealer for sale or resale purposes is deemed to be registered in the name of that dealer.

 

       (5)    Despite subsections (1) and (1A), a vehicle that has a valid inspection sticker does not require inspection before transfer if the ownership of the vehicle is being changed as a result of any of the following:

Subsection 28(5) amended: O.I.C. 2011-269, N.S. Reg. 238/2011.

 

                (a)    a transfer of ownership to an immediate family member, as defined in the

Income Tax Act;

 

                (b)    a transfer of ownership from the lessor to the lessee, if the lessor is not a dealer;

 

Clause 28(5)(c) repealed: O.I.C. 2011-269, N.S. Reg. 238/2011.

 

                (d)    a sale to [a] licensed dealer;

 

                (e)    a sale to [a] salvage yard;

 

                (f)     a transfer from a deceased person to the deceased person’s estate;

 

                (g)    a transfer into or from joint ownership if one of the original owners remains an owner.

Subsection 28(5) replaced: O.I.C. 2009-96, N.S. Reg. 49/2009.

 

       (6)    A vehicle operating with an in-transit permit does not require an inspection sticker.

 

Subsection 28(7) repealed: O.I.C. 2011-269, N.S. Reg. 238/2011.

 

 


Inspection of vehicle purchased or registered outside the Province

29   (1)    Subject to subsection (2), a vehicle that is purchased or registered outside the Province and is required to be registered in the Province must be inspected at an official testing station no later than 30 days after the date the vehicle enters the Province.

Subsection 29(1) replaced: O.I.C. 2009-96, N.S. Reg. 49/2009.

 

       (2)    If a vehicle has passed an inspection to determine its roadworthiness and a valid certificate of inspection has been issued for it by a jurisdiction that is a party to a reciprocal agreement with the Province in this respect, the vehicle does not have to be inspected at an official testing station or to display an inspection sticker while the certificate of inspection issued by the reciprocating jurisdiction remains in force and the corresponding inspection sticker issued by the reciprocating jurisdiction is displayed.

 

       (3)    Despite subsections (1) and (2), a vehicle must not be operated in the Province if it is not equipped in accordance with the Act, any regulations made under the Act and the Official Inspection Station Manual.

Subsection 29(3) amended: O.I.C. 2011-269, N.S. Reg. 238/2011.

 

Exemption for vehicle with certificate of inspection under Motor Carrier Act

30   Despite any other provisions of these regulations, as long as a valid certificate of inspection is in force for a vehicle under the Motor Carrier Act or any regulations made under that Act, the vehicle does not have to be inspected at an official testing station or otherwise comply with these regulations.

 

Official Testing Station Licensing

 

Application for official testing station license

31   An application for an official testing station license must be made on the form prescribed by the Registrar and must be submitted to the Department together with all of the following:

 

                (a)    an application fee of $62.40;

Clause 31(a) amended: O.I.C. 2015-96, N.S. Reg. 138/2015.

 

                (b)    the official testing station license fee payable under subsection 37(4);

 

                (c)    verification from the appropriate municipal authority that the facility in which the official testing station is to be located conforms with all applicable municipal by-laws;

 

                (d)    proof that the applicant owns or leases the facility in which the official testing station is to be located;

 

                (e)    proof that the applicant has employed a tester in accordance with Section 5;

 

                (f)     if applicable, proof of the applicant’s incorporation, or partnership or business name registration;

 

                (g)    if the applicant is a body corporate or a partnership, or does business under another name, proof that the applicant 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;

 

                (h)    a declaration, made by a person familiar with the business operations of the applicant and who has authority to bind the applicant, that certifies all of the following:

 

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

 

                         (ii)    that the facility in which the official testing station is to be located meets the requirements of clauses 4(a), (b) and (c) and will be open as required by clause 4(e),

 

                         (iii)   that all inspections at the official testing station will be conducted in accordance with these regulations;

 

                (i)     any information or documentation in addition to that described in clauses (a) to (h) that the Registrar requires to establish to the Registrar’s satisfaction that the applicant is able and fit to operate an official testing station.

 

Application for renewal of official testing station license

32   (1)    An application for renewal of an official testing station license must be made on the form prescribed by the Registrar and must be submitted to the Department together with all of the following:

 

                (a)    the official testing station license fee payable under subsection 37(4);

 

                (b)    proof that the licensee employs a tester in accordance with Section 5;

 

                (c)    if applicable, proof of the licensee’s incorporation, or partnership or business name registration;

 

                (d)    if the licensee is a body corporate or a partnership, or does business under another name, proof that the licensee 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;

 

                (e)    a declaration, made by a person familiar with the business operations of the licensee and who has authority to bind the licensee, that certifies all of the following:

 

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

 

                         (ii)    that the facility in which the official testing station is located continues to conform with all applicable municipal by-laws and to meet the requirements of clauses 4(a), (b), (c) and (e),

 

                         (iii)   if applicable, that the licensee has complied and will continue to comply with any condition of their license,

 

                         (iv)   that the licensee continues to own or lease the facility in which the official testing station is located,

 

                         (v)    that all inspections at the official testing station have been, and will continue to be, conducted in accordance with these regulations;

 

                (f)     any information or documentation in addition to that described in clauses (a) to (e) that the Registrar requires to establish to the Registrar’s satisfaction that the licensee continues to be able and fit to operate an official testing station.

 

       (2)    If one year or more has elapsed since the expiry date of a licensee’s license, the licensee must apply for a new official testing station license.

 

False statement in application for official testing station license

33   A person must not make a false statement in an application for an official testing station license or renewal of an official testing station license.

 

Designation of Registrar for purposes of subsection 201(2B) of the Act

34   The Registrar is designated as a person who may cancel, suspend or refuse to issue or renew an official testing station license in accordance with subsection 201(2B) of the Act.

 

Registrar may inspect premises before official testing station license issued or renewed

35   Before an official testing station license is issued or renewed, the Registrar or persons authorized by the Registrar may inspect the official testing station premises, the security measures proposed for or used at the official testing station, and the equipment to be used or being used for inspections at the official testing station.

 

Refund of license fee on refusal to issue or renew official testing station license

36   If the Registrar refuses to issue or renew an official testing station license, any license fee that accompanied the application for the license or renewal must be refunded to the applicant.

 

Terms and conditions of official testing station license

37   (1)    An official testing station license must state all of the following:

 

                (a)     the name of the licensee;

 

                (b)    the address of the official testing station;

 

                (c)    the expiry date of the license.

 

       (2)    An official testing station license may contain any conditions that the Registrar requires.

 

       (3)    An official testing station license is valid for the calendar year for which it is issued or renewed.

 

       (4)    The fee for an official testing station license is $133.25.

Subsection 37(4) amended: O.I.C. 2015-96, N.S. Reg. 138/2015.

 

Official testing station license not transferable

38   (1)    An official testing station license is not transferrable.

 

       (2)    Despite subsection (1), if a licensee dies, the licensee’s estate may continue to operate the official testing station under the licensee’s license as long as all other requirements of the Act and these regulations for operating an official testing station are complied with.

 

Licensee must return documents if license cancelled or suspended

39   If the Registrar cancels or suspends an official testing station license, the licensee must immediately return all of the following to the Department:

 

                (a)    the original official testing station license;

 

                (b)    all unused inspection stickers and inspection certificates;

 

                (c)    all voided inspection stickers and inspection certificates;

 

                (d)    any material given to the licensee by the Department other than that described in clauses (a) to (c).

 

Licensee name change and license replacement

40   (1)    If a licensee changes their name, the licensee must give the Registrar details of the name change no later than 10 days after the date of the change.

 

       (2)    When the Registrar is notified of a licensee’s name change, the Registrar may issue a replacement official testing station license at no fee.

 

       (3)    A replacement official testing station license is valid until the expiry date of the license that is being replaced.

 

       (4)    When a replacement official testing station license is issued, the licensee must destroy the license that is being replaced along with all copies of it.

 

Filings and registrations with Registry of Joint Stock Companies

41   If a licensee is a body corporate or a partnership or does business under another name, the licensee must make all required filings and registrations with the Registry of Joint Stock Companies and be in good standing with the Registry of Joint Stock Companies.

 

Licensee’s duties

42   A licensee must do all of the following:

 

                (a)    provide true, accurate and complete information to the Registrar;

 

                (b)    ensure that all inspections are conducted in accordance with these regulations;

 

                (c)    allow the Registrar or Department staff or persons authorized by the Registrar to inspect the equipment, premises and any materials used for inspections at any time during the hours the official testing station is open;

 

                (d)    notify the Registrar if ownership of the official testing station is changing, or if its operation is being suspended or terminated, at least 14 days before the date of either occurrence;

 

                (e)    notify the Registrar at least 5 business days before the start date or end date of a tester’s employment with the licensee;


                (f)     maintain a record of each inspection conducted at the official testing station for 3 years following the inspection date;

 

                (g)    promptly provide any inspection records or relevant information requested by the Registrar or by a peace officer;

 

                (h)    display all signs and licenses issued to the licensee in the manner required by the Registrar;

 

                (i)     notify the Registrar in writing of the names of persons authorized by the licensee to buy inspection stickers and inspection certificates on behalf of the licensee;

 

                (j)     take all necessary precautions to safeguard inspection stickers and inspection certificates from loss or theft;

 

                (k)    immediately forward all of the following to the Department:

 

                         (i)     the Department’s copies of issued certificates,

 

                         (ii)    voided inspection stickers and voided inspection certificates;

 

                (l)     report lost or stolen inspection stickers or certificates to the Registrar, and stolen inspection stickers or certificates to the local police authorities, no later than 2 business days after the date they became aware of the loss or theft.

 

Penalties

 

Category A offences

43   Any person who violates clause 42(d), (e), (h) or (i) is guilty of an offence and liable on summary conviction to the penalties provided for a category A offence in the Summary Proceedings Act.

 

Category B offences

44   Any person who violates any of the following is guilty of an offence and liable on summary conviction to the penalties provided for a category B offence in the Summary Proceedings Act:

 

                (a)    clause 26(1)(b);

 

                (b)    subsection 26(2);

 

                (c)    subsection 29(1);

 

                (d)    clause 42(c) or (g) or subclause 42(k)(i).

 

Category C offences

45   Any person who violates any of the following is guilty of an offence and liable on summary conviction to the penalties provided for a category C offence in the Summary Proceedings Act:

 

                (a)    clause 17(1)(c);

 

                (b)    clause 26(1)(a);

 

                (c)    subclause 42(k)(ii).

 

Category E offences

46   Any person who violates any of the following is guilty of an offence and liable on summary conviction to the penalties provided for a category E offence in the Summary Proceedings Act:

 

                (a)    subsection 16(1);

 

                (b)    clause 17(1)(d);

 

                (c)    clause 17(3)(d);

 

                (d)    Section 39;

 

                (e)    clause 42(b), (f), (j) or (l).

 

Category G offences

47   Any person who violates any of the following is guilty of an offence and liable on summary conviction to the penalties provided for a category G offence in the Summary Proceedings Act:

 

                (a)    Section 8;

 

                (b)    subsection 13(3);

 

                (c)    subsection 15(1), (2) or (4);

 

                (d)    clause 17(1)(a) or (b);

 

                (e)    subsection 17(3)(a), (b) or (c);

 

                (ea)  subsection 18A(2);

Clause 47(ea) added: O.I.C. 2011-269, N.S. Reg. 238/2011.

 

                (f)     subsection 20(2);

 

                (g)    subsection 28(1) or (1A);

Clause 47(g) amended: O.I.C. 2009-96, N.S. Reg. 49/2009.

 

                (h)    Section 33;

 

                (i)     clause 42(a).

 


Schedule A: List of Tools and Equipment Required for Official Testing Stations

 

Vehicles with registered gross weight of 4500 kg or less, other than motorcycles and motor-driven cycles

       1.      Hoist or axle stands

       2.      Floor jack (heavy duty)

       3.      Trouble light

       4.      Hand tools

       5.      Air compressor

       6.      Tire pressure gauge (hand)

       7.      Tire tread depth gauge

       8.      HD/LP aiming device

       9.      Suspension gauge/dial indicator

       10.    Micrometer

       11.    Drum gauge

       12.    Torque wrench/sockets for wheel replacement

       13.    Pry bar (ball joints)

 

Vehicles with registered gross weight over 4500 kg

       1.      Truck/bus hoist and axle stands

       2.      Heavy duty floor jack capable of lifting class of vehicle

       3.      Fifth wheel dummy pin

       4.      Long pry bar

       5.      HD/LP aiming device

       6.      Suspension gauge/dial indicator

       7.      Tire pressure gauge

       8.      Tread gauge                               

       9.      Air compressor

       10.    Wheel jack

       11.    Torque wrench/sockets for wheel replacement

       12.    Trouble light

       13.    Hand tools

       14.    Drum gauge

       15.    Micrometer

       16.    Wheel chocks

       17.    Axle seal/sleeve installation tool

 

Motorcycles or motor-driven cycles

       1.      Floor jack (heavy duty)

       2.      Trouble light

       3.      Hand tools

       4.      Tire pressure gauge (hand)

       5.      Tire tread depth gauge

       6.      HD/LP aiming device

 

Trailers with registered gross weight of 4500 kg or less without brakes or equipped with electric or hydraulic brakes

       1.      Floor jacks or axle stands

       2.      Pry bar

       3.      Suspension tester

       4.      Hand tools

       5.      Trouble light

       6.      Tire pressure gauge

       7.      Tire tread gauge

       8.      Test panel for lights and brake operation

 

Trailers with registered gross vehicle weight over 4500 kg and equipped with electric, hydraulic or air brakes

       1.      Heavy duty floor jack and axle stands

       2.      Long pry bar

       3.      Tire pressure gauge

       4.      Tire tread gauge

       5.      Suspension tester/dial indicator

       6.      No-go gauge (king pin)

       7.      Air compressor, hoses and couplings adequate to conduct brake check

       8.      Wheel jack

       9.      Wheel chocks

       10.    Test panel for lights and electric brakes, if applicable

 


Schedule B

 

Form 1 - Approval Sticker

 

 

Approval Sticker

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Form 2 - Rejection Sticker

 

Rejection Sticker

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Form 3 - Vehicle Inspection Certificate

Vehicle Inspection Form