|
Schedule 3A
Regulations made under the Motor Carrier Act
|
|
Offence
|
Section
|
Out of Court
Settlement
|
|
Board Motor Carrier Act Hours of Service Regulations
|
1
|
Requesting, requiring or allowing driver to drive when driving
would jeopardize public health or safety
first offence
subsequent offence
|
4(a)
|
$410.00
$697.50
|
2
|
Requesting, requiring or allowing driver to drive when out of
service
first offence
subsequent offence
|
4(b)
|
$410.00
$697.50
|
3
|
Requesting, requiring or allowing driver to drive when not in
compliance with regulations
first offence
subsequent offence
|
4(c)
|
$295.00
$467.50
|
4
|
Requesting, requiring or allowing driver to fail to comply with daily
driving hours (13 hours)
first offence
subsequent offence
|
5(a)
|
$295.00
$467.50
|
5
|
Requesting, requiring or allowing driver to fail to comply with daily
on-duty hours (14 hours)
first offence
subsequent offence
|
5(b)
|
$295.00
$467.50
|
6
|
Requesting, requiring or allowing driver to fail to take 8 consecutive
off-duty hours after 13 hours of driving time
first offence
subsequent offence
|
6(1)(a)
|
$295.00
$467.50
|
7
|
Requesting, requiring or allowing driver to fail to take 8 consecutive
off-duty hours after 14 hours of on-duty time
first offence
subsequent offence
|
6(1)(b)
|
$295.00
$467.50
|
8
|
Requesting, requiring or allowing driver to drive after 16 hours have
elapsed between off-duty periods
first offence
subsequent offence
|
6(2)
|
$295.00
$467.50
|
9
|
Failing to ensure driver takes 10 hours of off-duty time in day,
including 8-hour period of off-duty and 2-hour period of off-duty
first offence
subsequent offence
|
7
|
$295.00
$467.50
|
10
|
Failing to comply with off-duty hours after splitting daily off-duty
time (single driver)
first offence
subsequent offence
|
10(1)
|
$295.00
$467.50
|
11
|
Failing to comply with off-duty hours after splitting daily off-duty
time (team of drivers)
first offence
subsequent offence
|
11(1)
|
$295.00
$467.50
|
12
|
Failing to require driver to follow cycle 1 or cycle 2
first offence
subsequent offence
|
12
|
$295.00
$467.50
|
13
|
Requesting, requiring or allowing driver to drive when failing to
take off-duty hours–at least 24 consecutive in 14 days
first offence
subsequent offence
|
13
|
$295.00
$467.50
|
14
|
Requesting, requiring or allowing driver to drive excessive
hours–cycle 1
first offence
subsequent offence
|
14
|
$295.00
$467.50
|
15
|
Requesting, requiring or allowing driver to drive excessive
hours–cycle 2 (specify)
first offence
subsequent offence
|
15
|
$295.00
$467.50
|
16
|
Switching from cycle 1 to cycle 2 without taking 36 consecutive
off-duty hours
first offence
subsequent offence |
16(1)(a) |
$295.00
$467.50 |
17
|
Switching from cycle 2 to cycle 1 without taking 72 consecutive
off-duty hours
first offence
subsequent offence
|
16(1)(b)
|
$295.00
$467.50
|
18
|
Requesting, requiring or allowing driver to switch from cycle 1 to
cycle 2 without taking 36 consecutive off-duty hours
first offence
subsequent offence
|
17(1)(a)
|
$295.00
$467.50
|
19
|
Requesting, requiring or allowing driver to switch from cycle 2 to
cycle 1 without taking 72 consecutive off-duty hours
first offence
subsequent offence
|
17(1)(b)
|
$295.00
$467.50
|
20
|
Failing to require copy of special permit be placed in vehicle
first offence
subsequent offence
|
21(1)(a)
|
$352.50
$582.50
|
21
|
Failing to provide list of vehicles operating under special permit to
board
first offence
subsequent offence
|
21(1)(b)
|
$352.50
$582.50
|
22
|
Failing to make record of duty status of drivers operating under
special permit available immediately to board
first offence
subsequent offence
|
21(1)(c)(i)
|
$352.50
$582.50
|
23
|
Failing to make supporting documents of drivers operating under
special permit available immediately to board
first offence
subsequent offence
|
21(1)(c)(ii)
|
$352.50
$582.50
|
24
|
Failing to notify board of accident involving vehicle operating
under special permit
first offence
subsequent offence
|
21(1)(d)
|
$352.50
$582.50
|
25
|
Failing to ensure drive [driver] complies with terms and conditions
of special permit
first offence
subsequent offence
|
21(2)
|
$352.50
$582.50
|
26
|
Failing to require driver to fill out record of duty status
first offence
subsequent offence
|
25(1)
|
$352.50
$582.50
|
27
|
Failing to require driver to legibly enter all required information in
record of duty status
first offence
subsequent offence
|
26
|
$237.50
$352.50
|
28
|
Requesting, requiring or allowing driver to drive if failing to have
records of duty status for previous 14 days in possession
first offence
subsequent offence
|
28(a)
|
$352.50
$582.50
|
29
|
Requesting, requiring or allowing driver to drive if failing to have
record of duty status for current day in possession, completed up to
last duty status change
first offence
subsequent offence
|
28(b)
|
$180.00
$237.50
|
30
|
Requesting, requiring or allowing drive to drive if failing to have
supporting documents of current trip in possession
first offence
subsequent offence
|
28(c)
|
$352.50
$582.50
|
31
|
Failing to ensure driver forward [forwards] records of duty status or
supporting documents no later than 20 days after completed
first offence
subsequent offence
|
29(1)
|
$237.50
$352.50
|
32
|
Failing to ensure driver forward [forwards] records of duty status or
supporting documents to last carrier for which driver worked no
later than 20 days after completed
first offence
subsequent offence
|
29(2)
|
$237.50
$352.50
|
33
|
Failing to deposit records of duty status or supporting documents no
later than 30 days after received
first offence
subsequent offence
|
29(3)(a)
|
$352.50
$582.50
|
34
|
Failing to keep records of duty status or supporting documents in
chronological order for 6 months
first offence
subsequent offence
|
29(3)(b)
|
$352.50
$582.50
|
35
|
Requesting, requiring or allowing driver to keep more than 1 record
of duty status
first offence
subsequent offence
|
30(1)
|
$697.50
$1272.50
|
36
|
Requesting, requiring or allowing driver to enter inaccurate
information in record of duty status
first offence
subsequent offence
|
30(2)(a)
|
$697.50
$1272.50
|
37
|
Requesting, requiring or allowing driver to falsify, mutilate or
deface record of duty status or supporting documents
first offence
subsequent offence
|
30(2)(b)
|
$697.50
$1272.50
|
38
|
Requesting, requiring or allowing tampering with ELD
first offence
subsequent offence
|
30(3)
|
$697.50
$1272.50
|
39
|
Failing to equip commercial vehicle with ELD when required
first offence
subsequent offence
|
31(1)
|
$697.50
$1272.50
|
40
|
Failing to require driver to record records of duty status as their duty
status changes
first offence
subsequent offence
|
31(2)
|
$1272.50
$2422.50
|
41
|
Failing to ensure ELD configured to record yard moves
first offence
subsequent offence
|
31(4)
|
$697.50
$1272.50
|
42
|
Requesting, requiring or allowing more than 1 ELD at same time for
same period
first offence
subsequent offence
|
31(5)
|
$1272.50
$2422.50
|
43
|
Failing to ensure commercial vehicle carrying required documents
(specify)
first offence
subsequent offence
|
31(6)
|
$410.00
$697.50
|
44
|
Carrier failing to ensure driver records information in complete and
accurate manner
first offence
subsequent offence
|
31(7)
|
$410.00
$697.50
|
45
|
Failing to ensure ELD is in good working order
first offence
subsequent offence
|
32(1)
|
$1272.50
$2422.50
|
46
|
Failing to ensure ELD is calibrated according to specifications
first offence
subsequent offence
|
32(1)
|
$1272.50
$2422.50
|
47
|
Failing to ensure ELD is maintained according to specifications
first offence
subsequent offence
|
32(1)
|
$1272.50
$2422.50
|
48
|
Failing to maintain register of ELD malfunction codes as required
(specify)
first offence
subsequent offence
|
32(3)
|
$1272.50
$2422.50
|
49
|
Failing to retain required ELD malfunction information for 6
months
first offence
subsequent offence
|
32(4)
|
$1272.50
$2422.50
|
50
|
Failing to create system of accounts in compliance with Technical
Standard
first offence
subsequent offence
|
33
|
$1272.50
$2422.50
|
51
|
Failing to create and maintain system of accounts that allows each
driver to record record of duty status in distinct and personal
account
first offence
subsequent offence
|
33(a)
|
$1272.50
$2422.50
|
52
|
Failing to create and maintain system of accounts that provides for
distinct account of driving time of unidentified driver
first offence
subsequent offence
|
33(b)
|
$1272.50
$2422.50
|
53
|
Failing to verify records of duty status forwarded by driver
first offence
subsequent offence
|
34
|
$1272.50
$2422.50
|
54
|
Failing to require from driver changes necessary to ensure accuracy
of records of duty status
first offence
subsequent offence
|
34
|
$697.50
$1272.50
|
55
|
Failing to monitor driver compliance
first offence
subsequent offence
|
35(1)
|
$410.00
$697.50
|
56
|
Failing to record required information in notice of non-compliance
(specify)
first offence
subsequent offence
|
35(2)
|
$410.00
$697.50
|
57
|
Obstructing, hindering or making false statement to inspector
first offence
subsequent offence
|
37
|
$697.50
$1272.50
|
58
|
Failing to immediately produce record of duty status
first offence
subsequent offence
|
38(1)(a)
|
$410.00
$697.50
|
59
|
Failing to immediately produce supporting document or relevant
record
first offence
subsequent offence
|
38(1)(b)
|
$410.00
$697.50
|
60
|
Failing to immediately produce record of driving time of
unidentified driver
first offence
subsequent offence
|
38(1)(c)
|
$1272.50
$2422.50
|
61
|
Failing to immediately produce register of ELD malfunction
first offence
subsequent offence
|
38(1)(d)
|
$1272.50
$2422.50
|
62
|
Failing to immediately produce special permit
first offence
subsequent offence
|
38(1)(e)
|
$410.00
$697.50
|
|
Board Public Passenger Motor Carrier Act Regulations
|
1
|
Failing to display required information on public passenger vehicle,
for
first offence
subsequent offence
|
11(1)
|
$410.00
$697.50
|
2
|
Failing to properly attach valid identification plate to public
passenger vehicle, for
first offence
subsequent offence
|
13
|
$410.00
$697.50
|
3
|
Displaying identification plate not issued for vehicle, for
first offence
subsequent offence
|
14(1)
|
$467.50
$697.50
|
4
|
Using or permitting use of (specify) public passenger vehicle that
does not have valid identification plate issued for vehicle properly
attached, for
first offence
subsequent offence
|
14(2)
|
$467.50
$697.50
|
5
|
Failing to return identification plate, for
first offence
subsequent offence
|
16
|
$410.00
$697.50
|
6
|
Failing to conform public passenger vehicle with construction or
equipment standards prescribed by Motor Vehicle Safety Act
(Canada) and regulations (specify CMVSS), for
first offence
subsequent offence
|
19(1)
|
$410.00
$697.50
|
7
|
Failing to conform school bus with requirements of CSA Standard
D250-M 1985, as amended (specify standard, clause and clause #),
for
first offence
subsequent offence
|
19(2)
|
$410.00
$697.50
|
8
|
Failing to conform public passenger vehicle, used for transportation
of persons with physical disabilities, with minimum standards of
CSA Standard D409-92, as amended (specify standard, clause and
clause #) for
first offence
subsequent offence
|
19(3)
|
$410.00
$697.50
|
9
|
Failing to conform public passenger vehicle with equipment
requirements (specify), for
first offence
subsequent offence
|
20(1)
|
$410.00
$697.50
|
10
|
Failing to properly display red emergency triangular reflectors when
public passenger vehicle disabled on highway, for
first offence
subsequent offence
|
20(2)
|
$410.00
$697.50
|
|
Governor in Council Motor Carrier Act Hours of Service Regulations
|
1
|
Driving when driving would jeopardize public health or safety
first offence
second offence
|
4(a)
|
$410.00
$697.50
|
2
|
Driving when out of service
first offence
second offence
|
4(b)
|
$410.00
$697.50
|
3
|
Driving when not in compliance with regulations
first offence
second offence
|
4(c)
|
$295.00
$467.50
|
4
|
Failing to comply with maximum daily driving hours (13 hours)
first offence
second offence
|
5(a)
|
$295.00
$467.50
|
5
|
Failing to comply with maximum daily on-duty hours (14 hours)
first offence
second offence
|
5(b)
|
$295.00
$467.50
|
6
|
Failing to take 8 consecutive off-duty hours after 13 hours of
driving time
first offence
second offence
|
6(1)(a)
|
$295.00
$467.50
|
7
|
Failing to take 8 consecutive off-duty hours after 14 hours of
on-duty time
first offence
second offence
|
6(1)(b)
|
$295.00
$467.50
|
8
|
Driving after 16 hours have elapsed between off-duty periods
first offence
second offence
|
6(2)
|
$295.00
$467.50
|
9
|
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
first offence
second offence
|
7(1)
|
$295.00
$467.50
|
10
|
Failing to comply with off-duty hours after splitting daily off-duty
time (single driver)
first offence
second offence
|
10(1)
|
$295.00
$467.50
|
11
|
Failing to comply with off-duty hours after splitting daily off-duty
time (team of drivers)
first offence
second offence
|
11(1)
|
$295.00
$467.50
|
12
|
Failing to follow cycle 1 or cycle 2
first offence
second offence
|
12
|
$295.00
$467.50
|
13
|
Failing to take off-duty hours–at least 24 consecutive in 14 days
first offence
second offence
|
13
|
$295.00
$467.50
|
14
|
Excessive hours–cycle 1
first offence
second offence
|
14
|
$295.00
$467.50
|
15
|
Excessive hours–cycle 2 (specify)
first offence
second offence
|
15
|
$295.00
$467.50
|
16
|
Switching from cycle 1 to cycle 2 without taking 36 consecutive
off-duty hours
first offence
second offence
|
17(1)(a)
|
$295.00
$467.50
|
17
|
Switching from cycle 2 to cycle 1 without taking 72 consecutive
off-duty hours
first offence
second offence
|
17(1)(b)
|
$295.00
$467.50
|
18
|
Failing to comply with terms and conditions of special permit
first offence
second offence
|
18
|
$352.50
$582.50
|
19
|
Failing to record reason for exceeding driving, on-duty time or
elapsed time (specify) in record of duty status
first offence
second offence
|
21
|
$295.00
$467.50
|
20
|
Failing to fill out record of duty status
first offence
second offence
|
23(1)
|
$352.50
$582.50
|
21
|
Failing to legibly enter all required information in record of duty
status
first offence
second offence
|
24(1)
|
$237.50
$352.50
|
22
|
Failing to have records of duty status for previous 14 days in
possession
first offence
second offence
|
26(a)
|
$352.50
$582.50
|
23
|
Failing to have record of duty status for current day in possession,
completed up to last duty status change
first offence
second offence
|
26(b)
|
$180.00
$237.50
|
24
|
Failing to have supporting documents of current trip in possession
first offence
second offence
|
26(c)
|
$352.50
$582.50
|
25
|
Failing to forward records of duty status no later than 20 days after
completed
first offence
second offence
|
27(1)
|
$237.50
$352.50
|
26
|
Failing to forward supporting documents no later than 20
days after completed
first offence
second offence
|
27(1)
|
$237.50
$352.50
|
27
|
Failing to forward records of duty status to first carrier no later than
20 days after completed
first offence
second offence
|
27(2)
|
$237.50
$352.50
|
28
|
Failing to forward copy of records of duty status to all other carriers
no later than 20 days after completed
first offence
second offence
|
27(2)
|
$237.50
$352.50
|
29
|
Failing to forward supporting documents to all carriers no later than
20 days after completed
first offence
second offence
|
27(2)
|
$237.50
$352.50
|
30
|
Keeping more than 1 record of duty status
first offence
second offence
|
28(1)
|
$697.50
$1272.50
|
31
|
Entering inaccurate information in record of duty status
first offence
second offence
|
28(2)(a)
|
$697.50
$1272.50
|
32
|
Falsifying, mutilating or defacing record of duty status
first offence
second offence
|
28(2)(b)
|
$697.50
$1272.50
|
33
|
Falsifying, mutilating or defacing supporting document
first offence
second offence
|
28(2)(b)
|
$697.50
$1272.50
|
34
|
Tampering with ELD
first offence
second offence
|
28
|
$697.50
$1272.50
|
35
|
Failing to equip commercial vehicle with ELD when required
first offence
second offence
|
29(1)
|
$1272.50
$2422.50
|
36
|
Failing to record records of duty status as duty status changes
first offence
second offence
|
29(2)
|
$410.00
$697.50
|
37
|
Failing to input or verify date and start time
first offence
second offence
|
29(4)(a)
|
$352.50
$582.50
|
38
|
Failing to input or verify driver identification number
first offence
second offence
|
29(4)(a)
|
$352.50
$582.50
|
39
|
Failing to input or verify cycle
first offence
second offence
|
29(4)(b)
|
$352.50
$582.50
|
40
|
Failing to input or verify commercial vehicle license plates
first offence
second offence
|
29(4)(c)
|
$352.50
$582.50
|
41
|
Failing to input or verify unit number
first offence
second offence
|
29(4)(c)
|
$352.50
$582.50
|
42
|
Failing to input or verify trailer number
first offence
second offence
|
29(4)(c)
|
$352.50
$582.50
|
43
|
Failing to input or verify name or address of home terminal
first offence
second offence
|
29(4)(d)
|
$352.50
$582.50
|
44
|
Failing to input or verify name or address of principal place of
business
first offence
second offence
|
29(4)(d)
|
$352.50
$582.50
|
45
|
Failing to input or verify vehicle’s location description
first offence
second offence
|
29(4)(e)
|
$352.50
$582.50
|
46
|
Failing to input or verify hours of off-duty and on-duty time for
previous 14 days
first offence
second offence
|
39(4)(f)
|
$352.50
$582.50
|
47
|
Failing to input or verify deferred off-duty time under Section 9
first offence
second offence
|
29(4)(g)
|
$352.50
$582.50
|
48
|
Failing to input or verify total number of hours for each duty status
for previous 14 days
first offence
second offence
|
29(4)(h)(i)
|
$352.50
$582.50
|
49
|
Failing to input or verify beginning and end time of each 16-hour
period for each of previous 14 days
first offence
second offence
|
29(4)(h)(i)
|
$352.50
$582.50
|
50
|
Failing to input or verify start and end times of each duty status in
current day, before use of ELD
first offence
second offence
|
29(4)(h)(ii)
|
$352.50
$582.50
|
51
|
Failing to input or verify annotation necessary to complete record of
duty status
first offence
second offence
|
29(4)(i)
|
$352.50
$582.50
|
52
|
Using more than 1 ELD at same time for same period
first offence
second offence
|
29(5)
|
$410.00
$697.50
|
53
|
Failing to notify carrier of ELD malfunction
first offence
second offence
|
30(1)
|
$410.00
$697.50
|
54
|
Failing to record ELD malfunction
first offence
second offence
|
30(2)(a)
|
$295.00
$467.50
|
55
|
Failing to record date and time of ELD malfunction
first offence
second offence
|
30(2)(b)
|
$295.00
$467.50
|
56
|
Failing to record time when notice of ELD malfunction transmitted
to carrier
first offence
second offence
|
20(2)(c)
|
$295.00
$467.50
|
57
|
Failing to record malfunction code in record of duty status
first offence
second offence
|
30(3)
|
$295.00
$467.50
|
58
|
Failing to certify accuracy of record of duty status
first offence
second offence
|
31
|
$410.00
$697.50
|
59
|
Failing to verify records of duty status forwarded by driver
first offence
second offence
|
32(1)
|
$1272.50
$2422.50
|
60
|
Failing to require from driver changes necessary to ensure accuracy
of records
first offence
second offence
|
32(1)
|
$697.50
$1272.50
|
61
|
Failing to accept or reject changes required by carrier
first offence
second offence
|
32(2)
|
$1272.50
$2422.50
|
62
|
Failing to make necessary changes
first offence
second offence
|
32(2)
|
$410.00
$697.50
|
63
|
Failing to recertify accuracy of record of duty status
first offence
second offence
|
32(2)
|
$410.00
$697.50
|
64
|
Failing to forward amended records of duty status to carrier
first offence
second offence
|
32(2)
|
$352.50
$582.50
|
65
|
Obstructing, hindering or making false statement to inspector
first offence
second offence
|
34
|
$697.50
$1272.50
|
66
|
Failing to immediately produce current record of duty status and
records of duty status for previous 14 days
first offence
second offence
|
35(1)
|
$352.50
$582.50
|
67
|
Failing to immediately produce supporting documents for current
trip and previous 14 days
first offence
second offence
|
35(1)
|
$352.50
$582.50
|
68
|
Failing to immediately produce special permits for current
trip and previous 14 days
first offence
second offence
|
35(1)
|
$352.50
$582.50
|
69
|
Failing to retrieve information stored on ELD
first offence
second offence
|
35(2)
|
$352.50
$582.50
|
70
|
Failing to immediately give inspector records of duty status for
previous 14 days
first offence
second offence
|
35(4)(a)
|
$352.50
$582.50
|
71
|
Failing to immediately give inspector supporting documents for
previous 14 days
first offence
second offence
|
35(4)(b)
|
$352.50
$582.50
|
72
|
Failing to immediately give inspector special permits for previous
14 days
first offence
second offence
|
35(4)(c)
|
$352.50
$582.50
|
73
|
Failing to immediately give inspector records of driving time of
unidentified driver for previous 14 days
first offence
second offence
|
35(4)(d)
|
$352.50
$582.50
|
74
|
Failing to immediately give inspector documents referred to in
subsection 77(7) of Federal regulations for previous 14 days
first offence
second offence
|
35(4)(e)
|
$1272.50
$2422.50
|
75
|
Failing to immediately give inspector register of ELD malfunction
set out in subsection 78(6) of Federal regulations for previous 14
days
first offence
second offence
|
35(4)(f)
|
$1272.50
$2422.50
|
76
|
Failing to immediately give inspector information recorded under
subsection 29(2) or under subsection 87(2) of Federal regulations
for previous 14 days
first offence
second offence
|
35(4)(g)
|
$1272.50
$2422.50
|
|
Governor in Council Public Passenger Motor Carrier Act Regulations
|
1
|
Failing to have valid certificate of authorization in possession, for
first offence
subsequent offence
|
10
|
$410.00
$697.50
|
2
|
Following at less than 61 m (200 ft.), for
first offence
subsequent offence
|
13
|
$467.50
$697.50
|
3
|
Stopping school bus at more than 3 places in 1.6 km (1 mile), for
first offence
subsequent offence
|
14(2)(a)
|
$410.00
$697.50
|
4
|
Improperly leaving public passenger vehicle unattended (specify),
for
first offence
subsequent offence
|
16
|
$410.00
$697.50
|
5
|
Failing to perform trip inspection and make certified record, for
first offence
subsequent offence
|
21
|
$410.00
$697.50
|
6
|
Carrying unauthorized baggage or explosives, inflammable
substances or other dangerous articles (specify), for
first offence
subsequent offence
|
24
|
$467.50
$697.50
|
7
|
Permitting passengers to stand in moving school bus, for
first offence
subsequent offence
|
27(4)(a)
|
$410.00
$697.50
|
8
|
Carrying more passengers in school bus than provided for in seating
capacity rating, for
first offence
subsequent offence
|
27(4)(a)
|
$410.00
$697.50
|
9
|
Permitting passengers to obstruct aisle of school bus, for
first offence
subsequent offence
|
27(4)(g)
|
$410.00
$697.50
|