CNLR 1160/96 - Carrier Safety Regulations under the Highway Traffic Act

CONSOLIDATED NEWFOUNDLAND AND LABRADOR REGULATION 1160/96 Carrier Safety Regulations under the Highway Traffic Act (O.C. 96-237) Amended by: 1/04 45/04 106/05 45/09 91/10 24/12 52/12 63/12 18/14 73/14 103/14 87/18 44/19 45/23 CONSOLIDATED NEWFOUNDLAND AND LABRADOR REGULATION 1160/96 Carrier Safety Regulations under the Highway Traffic Act (O.C. 96-237) Under the authority of section 197 of the Highway Traffic Act and the Subordinate Legislation Revision and Consolidation Act , the Lieutenant-Governor in Council makes the following regulations. REGULATIONS Analysis 1. Short title 2. Definitions 3. Exemption 4. Registration 5. Duties and powers of registrar 6. Inspection 7. Carrier rating 8. Out of province carriers 9. Maximum compliance indicator 10. Safety rating 11. Interventions 11.1 Notification 11.2 Interventions where less than 70% of MATCI 11.3 Interventions where more than 70% of MATCI 11.4 Notification, audit and hearing 12. Compliance indicators 13. Driver reports 14. Records 15. Directions remain in force 16. Hearing 17. Fleet suspension 18. Variance 19. Profiles 20. Facility audit score 21. Facility audit of vehicles 22. Facility audit of drivers 23. Transitional 24. Offence Schedule Short title 1. These regulations may be cited as the Carrier Safety Regulations . 222/93 s1 Back to Top Definitions 2. In these regulations (a) "Act" means the Highway Traffic Act ; (b) "active power unit" means a commercial vehicle that is registered under section 16 of the Act and not under suspension for more than one year, but does not include a trailer; (c) "carrier" means a person that owns, leases or is responsible for the operation of a commercial vehicle; (d) "Code" means the National Safety Code for Motor Carriers adopted by the Canadian Council of Motor Transport Administrators as amended from time to time; (e) "commercial vehicle" means (i) a truck, tractor or trailer or any combination of them exceeding a registered gross vehicle weight of 4,500 kilograms, (ii) a bus, (iii) a school bus, (iv) a school purpose vehicle as defined in the Bus Regulations , or (v) a disabled passenger vehicle as defined in the Official Inspection Station Regulations ; (f) "compliance indicator" means the numerical value specified in these regulations for an inspection defect, accident or conviction; (g) "compliance review" means an inspection and administrative review of a carrier by the registrar, and inspector or other authorized person which may include verifying compliance with the record keeping requirements of these regulations, and random inspections of equipment or records, but does not normally include the audit or cross record verification of records; (h) "driver" means a person who drives a commercial vehicle while in the employ of or on behalf of a carrier; (i) "equivalent offence" means an offence in another jurisdiction which is considered by the registrar to be substantially similar to an offence listed in the Schedule; (j) "facility audit" means a comprehensive inspection and administrative review of a carrier, and includes the audit and cross record verification of records; (k) "fleet suspension" means the temporary suspension of a carrier's safety rating as it applies to all or a portion of the carrier's fleet of commercial vehicles, notwithstanding that the carrier retains a safety rating other than unsatisfactory on that portion of the fleet not under suspension; (l) "long profile" means a comprehensive record of all activity of a carrier under these regulations; (m) "out-of-service" means the designation of a driver or a commercial vehicle as out-of-service by an inspector; (n) "principal place of business" means the street address of a carrier in the jurisdiction in which the carrier has registered its commercial vehicles or at another location where a carrier’s records or equipment are located; (o) "register", "registered" and registration", unless the context indicates otherwise, means registration under these regulations; (p) "registrar" means the registrar designated under section 4 of the Act; (q) "safety rating" means the safety rating assigned to a carrier under section 11; (r) "schedule" means the schedule attached to these regulations; (s) "short profile" means a summary of a carrier's safety rating and other information prescribed by the registrar; and (t) "total compliance indicator" means the numerical total of a carrier’s accumulated inspection compliance indicators, conviction compliance indicators and accident compliance indicators. (u) [Rep. by 106/05 s1] (v) [Rep. by 106/05 s1] 45/04 s1 ; 106/05 s1 Back to Top Exemption 3. The registrar may, in writing, exempt a carrier, a specified group of carriers or specified services from all or a part of these regulations. 45/04 s1 Back to Top Registration 4. (1) A carrier or person shall not operate, allow or cause to be operated a commercial vehicle upon a highway unless the carrier responsible for that vehicle (a) has applied to be registered under these regulations and 90 days have not passed since that application was made; or (b) is registered and has a safety rating of "satisfactory-audited", "satisfactory-unaudited" or "conditional". (2) A carrier shall apply to the registrar to be registered as a carrier under these regulations. (3) An application made under subsection (2) shall be in the form, and shall contain the information required by the registrar. (4) An application for registration under subsection (2) shall be submitted to the registrar not more than 60 days after the applicant commences operation as a carrier. (5) Where a carrier fails to submit an application in the form required by the registrar or within the time required under subsection (4), the registrar shall notify that carrier, in writing, that the form has not been submitted and shall extend the time by which the form is to be provided by 30 days. (6) Notwithstanding subsection (1), a carrier to whom subsections (4) and (5) apply may operate or allow the operation of a commercial vehicle for not more than 90 days after that carrier commences operations as a carrier provided that all other requirements of the Act and these regulations are complied with. (7) A carrier shall not register under this Act unless that carrier is in compliance with the Act, these regulations and all other regulations made under the Act. (8) The registrar may (a) refuse to register; (b) register; or (c) register with conditions that the registrar may establish, a carrier who applies for registration under subsection (2). (9) The registrar shall issue a code number to a carrier registered under this section. (10) A carrier shall not hold more than one registration, safety rating or code number. (11) A carrier or person who does not comply with subsection (1) is guilty of an offence and is liable on summary conviction to a fine of not less than $200 and not more than $1,000 for each day or part of a day in which the offence continues and each continuance for a day or a part of a day of an offence referred to in this subsection constitutes a separate offence. (12) A carrier who contravenes the provisions of subsection (7) is guilty of an offence and on summary conviction is liable to a fine of not less than $500 and not more than $2,000. (13) In addition to the penalties provided under subsection (11), the registrar may issue a partial or full fleet suspension to a carrier that does not comply with subsection (1), (3), (4) or (5). 106/05 s2 ; 45/23 s1 Back to Top Duties and powers of registrar 5. (1) For the purpose of monitoring the safety performance of a carrier, the registrar shall maintain a record of the carrier with respect to its (a) convictions, accidents, facility audits, compliance reviews, inspections and warnings; (b) accumulated compliance indicators; (c) [Rep. by 106/05 s3] (d) safety rating; (e) Code number; and (f) other information that the registrar considers necessary. (2) A carrier shall, upon the written request of the registrar and within the time indicated by the registrar, provide to the registrar the information that the registrar requires. (3) The registrar may, at any time, require a carrier to undergo a facility audit or compliance review. 45/04 s1 ; 106/05 s3 ; 45/23 s2 Back to Top Inspection 6. (1) An inspector authorized to conduct a facility audit, compliance review or other inspection under the Act may, during normal business hours and upon presention of the inspector’s identification as an inspector, enter upon a place of business of a carrier where it is reasonably necessary to determine compliance with the Act, regulations made under the Act and the Code and may (a) conduct a facility audit or compliance review and inspect, audit, review and examine books of account, records, financial statements or other documents; and (b) inspect equipment and commercial vehicles of the carrier, and the person occupying or in charge of that place shall answer the questions pertaining to those matters and shall produce for inspection and review the commercial vehicles equipment, books of account, records, financial statements and other documents that the inspector or other authorized person may request. (2) A carrier shall provide an inspector with all reasonable assistance and facilities necessary to the inspector for the performance of the inspector’s duties. (3) A carrier shall keep and maintain records required by these regulations in an orderly fashion so that they are readily accessible for inspection. (4) For the purpose of determining the accuracy of a record required to be kept under the Act, these regulations, or other regulations under the Act, an inspector may inspect any record which relates or is relevant to verification of the accuracy of another record, including (a) payroll records; (b) warehouse or inventory records; and (c) driver training manuals or transcripts of course content. (5) For the purpose of an inspection under these regulations, an inspector may remove a record from a carrier's place of business or make copies of a record, and shall provide the carrier with a receipt of all those records which are removed. (6) An inspector shall return a record removed from a carrier's place of business within 2 weeks from the date of removal of the records, unless the record is required for a hearing in which case the inspector shall notify the carrier in writing, within 2 weeks from the date of removal, of the retention of records for a hearing. (7) All information and records obtained during an inspection are confidential and will not be released to or discussed with a member of the public without the express written consent of the carrier, but all those records, copies of records and notes may be presented as evidence before the board or a court. (8) A person who, through deliberate action or refusal to act, obstructs or hinders an inspector in the performance of the inspector’s duties under these regulations is guilty of an offence and is liable on summary conviction to a fine of not less than $500 and not more than $2,000. (9) Notwithstanding another provision of these regulations, the registrar may assign a safety rating of unsatisfactory to a carrier which is convicted under subsection (8), and that assignment shall take effect immediately and will remain in effect until the time that the carrier delivers all records requested by an inspector or the registrar to a location specified by the registrar. 45/04 s1 ; 45/23 s3 Back to Top Carrier rating 7. (1) Where the registrar registers a carrier, with or without conditions, the registrar shall assign to that carrier (a) a code number; (b) a safety rating in accordance with section 10; and (c) compliance indicators in accordance with section 9. (2) The registrar may, where (a) an error has been made, correct the compliance indicators of a carrier; and (b) the registrar considers it appropriate, modify the compliance indicators of a carrier. 106/05 s4 ; 45/23 s4 Back to Top Out of province carriers 8. A carrier whose principle place of business is outside the province may, upon registration in this province, be assigned compliance indicators and a safety rating under sections 9 and 10 commensurate with those assigned by the jurisdiction of that carrier’s principle place of business, where that jurisdiction has made assignments of carrier safety ratings under legislation that is similar to these regulations. 106/05 s5 Back to Top Maximum compliance indicator 9. (1) A carrier’s maximum available total compliance indicator shall be calculated as follows (a) for an AFS size of 31 and fewer vehicles MATCI= AFS x 20 x(1.7812-0.1579 x ln( AFS )); and (b) for an AFS size of more than 31 vehicles, 789 where MATCI is the maximum available total compliance indicator ln is the natural logarithm, and AFS is the average fleet size. (2) A carrier’s maximum available accumulated inspection compliance indicator shall be calculated as follows (a) for an AFS of 31 and fewer vehicles MAICI= AFS x 40 x (exp(-0.5971-0.0067 x AFS )); and (b) for all fleet sizes with more than 31 vehicles, 568, where MAICI is the maximum available inspection compliance indicator, exp is the exponential function, and AFS is the average fleet size. (3) A carrier’s maximum available accumulated accident compliance indicator shall be calculated as follows (a) for an AFS of 31 or fewer vehicles, MAACI= AFS x 40 x 0.249; and (b) for an AFS of more than 31 vehicles, 309 where MAACI is the maximum available accident compliance indicator, and AFS is the average fleet size. (4) A carrier’s maximum available accumulated conviction compliance indicator shall be calculated as follows (a) for an AFS size of 31 or fewer vehicles, MACCI= AFS x 40 x (0.7502 - 0.1168 x ln( AFS )); and (b) for an AFS size of more than 31 vehicles, 432, where MACCI is the maximum available conviction compliance indicator, AFS is the average fleet size, and ln is the natural logarithm. (5) In this section "average fleet size" and " AFS " means (a) the total number of power units in a carrier’s fleet for the previous 24 months divided by 24, or (b) if the total number of power units in a carrier’s fleet for the previous 24 months is not available, the total number of power units in a carrier’s fleet for the previous months for which the information is available, divided by the number equivalent to the total number of months for which the information is available, as calculated monthly. 106/05 s6 Back to Top Safety rating 10. (1) The registrar shall assign to a carrier a safety rating of "satisfactory-unaudited" where (a) the carrier’s accumulated total compliance indicators do not exceed 70% of its maximum available total compliance indicator; and (b) a facility audit of the carrier has not been conducted, and the registrar shall change that rating to "satisfactory-audited" when a facility audit has been carried out and has been passed by that carrier. (2) The registrar may assign to a carrier a safety rating of conditional where (a) the carrier’s accumulated total compliance indicators exceed 70% but do not exceed 100% of its maximum available total compliance indicator; (b) the carrier does not pass a facility audit; or (c) the carrier is reapplying to operate after being previously considered to be rated as "unsatisfactory". (3) The registrar may assign to a carrier a safety rating of "unsatisfactory" where (a) the carrier’s accumulated total compliance indicators exceed 100% of the carrier’s maximum available total compliance indicator; (b) the carrier’s accumulated total compliance indicators are less than 70% of the carrier’s maximum available total compliance indicator and the carrier has failed to reach the required facility audit pass mark for 3 consecutive facility audits provided that one of those audits was conducted after the carrier had participated in a hearing referred to in section 16; (c) the carrier’s accumulated total compliance indicators are more than 70% of the carrier’s maximum available total compliance indicator and the carrier has failed to reach the required facility audit pass mark for 2 consecutive facility audits, one of which was conducted after the carrier had participated in a hearing referred to in section 16; and (d) the carrier has failed to maintain on its fleet the minimum insurance requirements required under the laws of Canada and of the province. (4) Notwithstanding subsections (1), (2) and (3), the registrar may, at any time, where the registrar reasonably believes that it is necessary, assign to a carrier a safety rating of (a) satisfactory-unaudited; (b) satisfactory-audited; (c) conditional; or (d) unsatisfactory. (5) Where the registrar has assigned a safety rating of unsatisfactory to a carrier and one or more vehicles in that carrier’s fleet are acquired, directly or indirectly, by another carrier having a partner, principal shareholder or an officer who is also a partner, principal shareholder or officer of the carrier that was assigned the unsatisfactory rating, the carrier which acquired the vehicles shall be assigned a safety rating of unsatisfactory by the registrar. 106/05 s6 ; 45/23 s5 Back to Top Interventions 11. (1) The registrar shall, in writing, notify a carrier when its accumulated total compliance indicators (a) exceed 15%; (b) exceed 50%; (c) exceed 70%; and (d) exceed 100% of its maximum available total compliance indicator. (2) Where the registrar notifies a carrier of its accumulated total compliance indicators, the registrar shall also notify that carrier that where the carrier’s accumulated total compliance indicators (a) exceed 15%, a compliance review or a facility audit or both a compliance review and a facility audit may be conducted; (b) exceed 50%, a facility audit will be conducted; (c) exceed 70%, a facility audit will be conducted and the carrier is required to attend a hearing before the registrar; and (d) exceed 100%, the carrier is required to attend a hearing before the registrar. 106/05 s6 ; 45/23 s6 Back to Top Notification 11.1 The registrar shall notify a carrier when a carrier’s accumulated (a) inspection compliance indicators exceed 100% of that carrier’s maximum available inspection compliance indicator; or (b) conviction compliance indicators exceed 100% of that carrier’s maximum available conviction compliance indicator; or (c) accident compliance indicators exceed 100% of that carrier’s maximum available accident compliance indicator. 106/05 s6 Back to Top Interventions where less than 70% of MATCI 11.2 The registrar shall notify a carrier when it has failed a (a) first facility audit and that carrier’s accumulated total compliance indicators are less than 70% of its maximum available total compliance indicator; (b) second consecutive facility audit and that carrier’s accumulated total compliance indicators are less than 70% of its maximum available total compliance indicator; (c) third consecutive facility audit and that carrier’s accumulated total compliance indicators are less than 70% of its maximum available total compliance indicator. 106/05 s6 Back to Top Interventions where more than 70% of MATCI 11.3 The registrar shall notify a carrier when it has failed a (a) first facility audit and that carrier’s accumulated total compliance indicators are more than 70% of that carrier’s maximum available total compliance indicator; and (b) second consecutive facility audit and that carrier’s accumulated total compliance indicators are more than 70% of that carrier’s maximum available total compliance indicator. 106/05 s6 Back to Top Notification, audit and hearing 11.4 (1) A registrar’s notification under sections 11, 11.1, 11.2, 11.3 and this section shall be in writing. (2) A notification referred to in (a) section 11.1 shall include a statement that a facility audit will be conducted; (b) paragraph 11.2(a) shall include a statement that a second facility audit will be conducted and that until further notice, the carrier’s safety rating is conditional; (c) paragraph 11.2(b) shall include a statement that the carrier’s safety rating is conditional, the carrier must attend a hearing with the registrar and that a third facility audit may be carried out; (d) paragraph 11.2(c) shall include a statement that the carrier must attend a hearing with the registrar; (e) paragraph 11.3(a) shall include a statement that (i) the carrier’s safety rating is conditional, and (ii) the carrier must attend a hearing with the registrar, and (iii) another facility audit will be carried out; and (f) paragraph 11.3(b) shall include a statement that the carrier must attend a hearing with the registrar. (3) The registrar may, at any time, conduct (a) a compliance review of; (b) a facility audit of; (c) both a compliance review and a facility audit of; and (d) a hearing with, a carrier in order to determine compliance with the Act and these regulations. (4) Where the registrar requires a hearing under these regulations (a) the registrar shall notify the carrier of the time and place of the hearing; (b) the carrier must attend the hearing; and (c) if the carrier fails to attend the hearing, the registrar may conduct the hearing and make a determination in the absence of that carrier. 106/05 s6 Back to Top Compliance indicators 12. (1) The registrar shall assign to a carrier conviction compliance indicators for offences listed in the schedule to these regulations in accordance with that schedule. (2) For the purposes of subsection (1), an equivalent offence shall be considered to be the offence listed in the schedule which is substantially similar to that equivalent offence. (3) The registrar shall assign to a carrier accident compliance indicators for each accident involving a commercial vehicle operated by the carrier where the accident involves: (a) property damage, 2 compliance indicators; (b) personal injury, 4 compliance indicators; and (c) a fatality, 6 compliance indicators. (4) The registrar shall assign 3 inspection compliance indicators for every vehicle that is placed out of service as a result of a commercial vehicle inspection. (5) Compliance indicators assigned to a carrier shall expire 2 years after the date of the (a) conviction for conviction compliance indicators; (b) accident for accident compliance indicators; and (c) commercial vehicle inspection for inspection compliance indicators. 45/04 s1 ; 106/05 s7 Back to Top Driver reports 13. (1) A driver shall report to the carrier with whom the driver is employed or for whom the driver is brokering the following information not more than 30 days after (a) a conviction which that driver is given for an offence referred to in the schedule; (b) a conviction which that driver is given for an equivalent offence; (c) an accident involving a commercial vehicle which that driver is operating; (d) an inspection is performed on the driver or a commercial vehicle which that driver is operating; or (e) a warning or out-of-service notice is issued in relation to an inspection of the driver or a commercial vehicle the driver is operating. (2) A person who contravenes a provision of this section is guilty of an offence and upon summary conviction is liable to a fine of not less than $25 and not more than $100. 45/04 s1 ; 45/23 s7 Back to Top Records 14. (1) A carrier shall keep and maintain at its own expense at its principal place of business the following records relating to every driver who is employed by or carrying out the business and activities required by that carrier and every commercial vehicle under the control of that carrier (a) a copy of the driver abstract issued by the registrar which was received by a carrier at the commencement of employment of the driver and dated not earlier than 30 days prior to the date of commencement of employment of the driver; (b) a copy of the driver abstract, issued by the registrar and obtained during the same month as the anniversary of the driver's birth, for each year the driver is in the employ of the carrier; (c) a record of all accidents involving a driver while operating a commercial vehicle; (d) copies of a record of driver training, driver improvement or control action taken by the carrier; (e) a record of all items reported by a driver under section 13; (f) a copy of each driver's record of duty status, as required by sections 34 and 39 of the Hours of Service Regulations, 2023, or where a driver is exempt from maintaining a record of duty status, a copy of the carrier's record of hours on duty for the driver; (g) a copy of each trip inspection report as required by section 7 of the Trip Inspection Report Regulations ; and (h) a copy of a record of repair made to a commercial vehicle correcting a defect noted in a trip inspection report referred to in paragraph (g). (2) The records referred to in subsection (1) shall be retained for a period of 5 years, or as specified in the applicable regulations. (3) Notwithstanding paragraphs (1)(a) and (b), a carrier is not required to keep and maintain copies of driver abstracts dated earlier than February 3, 1994. (4) A carrier shall have in place (a) a system to alert the carrier that a driver abstract required under this section is due; (b) a system that will alert the carrier, in advance, that a driver’s licence is due for renewal; (c) a system which will alert the carrier, in advance, when a vehicle is due for a commercial motor vehicle inspection; and (d) a method of monitoring compliance with the Hours of Service Regulations, 2023 and the Trip Inspection Report Regulations. (4.1) A carrier shall (a) have a rules and regulations document that lists the regulatory requirements that a driver is required to know in order to operate a commercial vehicle; and (b) require a driver to review the document referred to in paragraph (a) and confirm, in writing, that the driver has reviewed and understood that document. (5) A carrier shall retain a copy of the most recent vehicle inspection certificate as obtained under the Official Inspection Station Regulations for a minimum period of one year. (6) A person who contravenes this section is guilty of an offence and is liable on summary conviction to a fine of not less than $200 and not more than $1,000. (7) For the purpose of determining an offence under this section each violation for each record in relation to each driver is considered to be a separate offence 45/04 s1 ; 106/05 s8 ; 45/23 s8 Back to Top Directions remain in force 15. A direction of the registrar under these regulations remains in force until revoked by the registrar. 45/04 s1 Back to Top Hearing 16. (1) Where, the registrar is of the opinion that a carrier is unable or unwilling to operate safely, the registrar may conduct a hearing to investigate the carrier's safety record. (2) The registrar shall notify a carrier of the time and place of the hearing 7 or more days before the date of the hearing. (3) A hearing may be heard by the registrar or by a person appointed by the registrar. (4) A hearing may take place whether or not the carrier is present. (5) A person conducting a hearing shall make those recommendations in writing to the registrar within 15 days of the hearing that the person considers appropriate, including recommendations to (a) require the carrier to initiate a safety plan, demonstrate specific improvements or take specific measures to enhance the safety of its operations within a time and under those conditions that the person conducting a hearing considers appropriate; (b) vary the number of compliance indicators or a safety rating; (c) issue a fleet suspension which will place a restriction on the number of commercial vehicles, or specify the vehicles, which may be operated by the carrier; and (d) specify an expiry date for the fleet suspension which shall be not fewer than 30 days and shall not extend more than one year from the date of commencement of the suspension. (6) A person conducting a hearing shall govern the procedure of the hearing. (7) The registrar shall decide the action necessary to carry out the intent of the recommendations and shall notify the carrier of the recommendations and the action to be taken within 15 days of receipt of the recommendations. 45/04 s1 ; 106/05 s9 ; 45/23 s9 Back to Top Fleet suspension 17. (1) Where the registrar issues a fleet suspension under subsections 4(13) and 16(7), the registrar shall issue a certificate for each vehicle in the carrier's fleet which is permitted to be operated under the fleet suspension. (2) A person shall not operate, allow or cause to be operated a commercial vehicle upon a highway where the carrier responsible for the operation of the commercial vehicle is under a fleet suspension unless the driver has in the driver’s possession a copy of the certificate issued by the registrar under subsection (1) authorizing the operation of the commercial vehicle. (3) A driver who contravenes the provisions of subsection (2) is guilty of an offence and on summary conviction is liable to a fine of not less than $25 and not more than $100. (4) A carrier who contravenes the provisions of subsection (2) is guilty of an offence and on summary conviction is liable to a fine of not less than $500 and not more than $2,000. 45/04 s1 ; 106/05 s10 ; 45/23 s10 Back to Top Variance 18. (1) A safety rating of unsatisfactory shall remain in force for not less than one year and not more than 5 years. (2) Notwithstanding subsection (1), where a safety rating of unsatisfactory has been given to a carrier for more than one year, that carrier may, after that year, apply to the registrar for a variation of the safety rating. (3) An application for variance referred to in subsection (2) shall contain (a) a comprehensive analysis of the carrier's proposed operations and a plan governing those operations; and (b) other information as the registrar may require to assess an application. (4) Within 30 days of receipt of the information referred to in subsection (3), the registrar shall make a determination respecting the application for variance and shall notify the carrier of the registrar’s decision, including reasons in the event the application is refused. (5) A carrier who is refused variance shall not reapply under this section for a period of 6 months from the date of the decision made under subsection (4). (6) Where the registrar grants an application for variance the registrar shall assign the carrier a safety rating of conditional and may attach those terms and conditions that the registrar considers appropriate. (7) Upon variance the registrar may establish the carrier's threshold level at a number that the registrar considers appropriate. 45/04 s1 ; 45/23 s11 Back to Top Profiles 19. (1) The registrar shall provide a carrier's short profile to a person for a fee required by the registrar. (2) The registrar shall provide to a carrier or a representative of a carrier that carrier's long profile for a fee required by the registrar. 45/04 s1 Back to Top Facility audit score 20. (1) The registrar may, at any time, conduct a facility audit which shall consist of a regulatory compliance section as well as a scoring section to evaluate a carrier’s overall safety rating (2) A carrier shall obtain a combined score of 78% or higher on the driver and vehicle segments of the facility audit report. (3) A carrier that does not achieve 78% on its facility audit report shall have its safety rating changed to conditional. 106/05 s11 Back to Top Facility audit of vehicles 21. (1) The scoring of the vehicle section of a facility audit report under section 20 for commercial vehicle safety inspections shall be 35 points for compliance and 0 points for non compliance. (2) A carrier’s vehicle may receive points for compliance under subsection (1) only where that vehicle has (a) not undergone a commercial vehicle safety alliance inspection within the previous 12 months; or (b) undergone a commercial vehicle safety alliance inspection within the previous 12 months and has not been taken out of service. (3) The scoring of the vehicle section of a facility audit report under section 20 for preventive maintenance shall be 30 points for compliance and 0 points for non compliance. (4) A carrier’s vehicle may receive points for compliance under subsection (3) only where the carrier for that vehicle demonstrates that each vehicle selected for a facility audit has undergone an acceptable preventative maintenance schedule over the previous 2 years. (5) The scoring of the vehicle section of a facility audit report under section 20 for maintenance shall be 15 points for compliance and 0 points for non compliance. (6) A carrier’s vehicle may receive points for compliance under subsection (5) only where the carrier for that vehicle demonstrates that each vehicle selected for a facility audit has had all (a) required repairs noted on pre-trip inspections corrected in a timely manner; and (b) serious defects corrected before the vehicle was dispatched; and (c) records for the previous 2 years available for the facility audit. (7) The scoring of the vehicle section of a facility audit report under section 20 for trip inspections shall be 10 points for compliance and 0 points for non compliance. (8) A carrier shall receive points under subsection (7) only where it is able to demonstrate that each vehicle selected for a facility audit has undergone a daily trip inspection in accordance with the Trip Inspection Report Regulations for each day that the vehicle was dispatched by the carrier. (9) The scoring of the vehicle section of a facility audit report under section 20 for identification markers shall be 10 points for compliance and 0 points for non compliance. (10) A carrier shall receive points under subsection (9) only where it is able to demonstrate that each vehicle selected for a facility audit (a) was licensed every time that the vehicle was dispatched; and (b) has had a commercial motor vehicle inspection within the previous 12 months. 106/05 s11 ; 45/23 s12 Back to Top Facility audit of drivers 22. (1) The scoring of the driver section of a facility audit report under section 20 for driver qualifications shall be 20 points for compliance and 0 points for non compliance. (2) A carrier shall receive points under subsection (1) only where it is able to demonstrate that (a) a driver selected for a facility audit has all the required classifications and endorsements to operate the vehicle that the driver has operated for the carrier; and (b) the driver’s licence has not expired or been suspended, cancelled or reclassified down due to an overdue medical. (3) The scoring of the driver section of a facility audit report under section 20 for records of duty status shall be 35 points for compliance and 0 points for non compliance. (4) A carrier shall receive points under subsection (3) only where, in accordance with the Hours of Service Regulations, 2023, it is able to provide accurate records of duty status or, if exempt from keeping a record of duty status, accurate time records, for all drivers selected for the facility audit. (5) The scoring of the driver section of a facility audit report under section 20 for duty cycles shall be 40 points for compliance and 0 points for non compliance. (6) A carrier shall receive points under subsection (5) only where, in accordance with the Hours of Service Regulations, 2023, it is able to demonstrate that all drivers selected for a facility audit have not exceeded their duty cycles or rest requirements. (7) The scoring of the driver section of a facility audit report under section 20 for data items shall be 5 points for compliance and 0 points for non compliance. (8) A carrier shall receive points under subsection (7) only where, in accordance with the Hours of Service Regulations, 2023, it is able to demonstrate that all drivers selected for a facility audit have all items on their records of duty status completed. 106/05 s11 ; 45/23 s13 Back to Top Transitional 23. (1) Compliance indicators acquired by a carrier under the regulations in force before the coming into force of this section shall no longer be considered to have accrued to a carrier immediately after the coming into force of this section. (2) Notwithstanding subsection (1), a carrier safety rating under subsection 11 in force immediately before the coming into force of this section shall apply to that carrier as if that rating had been imposed under section 10 of these regulations after the coming into force of this section. (3) An inspection, compliance review, facility audit, hearing, long profile, short profile or other review of a carrier under these regulations may consider all accidents, convictions, inspection defects and other infractions of a carrier occurring before and after the coming into force of this section. 106/05 s11 Back to Top Offence 24. A person who contravenes these regulations is guilty of an offence and liable on summary conviction to a fine of not less than $200 and not more than $1000 and in default of payment of the fine, to imprisonment for not more than 30 days. 106/05 s11 Back to Top Schedule Criminal Code Provision Compliance Indicators Description of Offences 220 5 Criminal negligence causing death 221 5 Criminal negligence causing bodily harm 236 5 Manslaughter committed in a vehicle 320.13(1) 5 Dangerous operation of a conveyance 320.13(2) 5 Dangerous operation of a conveyance causing bodily harm 320.13(3) 5 Dangerous operation of a conveyance causing death 320.14(1)(a) 5 Operation of a conveyance while impaired by alcohol or a drug or a combination of alcohol and a drug 320.14(1)(b) 5 Having a blood alcohol concentration that is equal to or exceeds 80 mg of alcohol in 100 ml of blood within 2 hours after ceasing to operate a conveyance 320.14(1)(c) 5 Having a blood drug concentration that is equal to or exceeds the blood drug concentration prescribed by regulation within 2 hours after ceasing to operate a conveyance 320.14(1)(d) 5 Having a blood alcohol concentration and a blood drug concentration combined that is equal to or exceeds the blood alcohol concentration and the blood drug concentration prescribed by regulation within 2 hours after ceasing to operate a conveyance 320.14(2) 5 Causing bodily harm while operating a conveyance while impaired by alcohol or a drug or a combination of alcohol or a drug, or causing bodily harm while operating a conveyance and within 2 hours after ceasing to operate the conveyance having a blood concentration that is equal to or exceeds 80 mg of alcohol in 100 ml of blood, a blood drug concentration that is equal to or exceeds the blood drug concentration that is prescribed by regulation or a blood alcohol concentration and a blood drug concentration that is equal to or exceeds the blood alcohol concentration and the blood drug concentration prescribed by regulation 320.14(3) 5 Causing death while operating a conveyance while impaired by alcohol or a drug or a combination of alcohol or a drug, or causing death while operating a conveyance and within 2 hours after ceasing to operate the conveyance having a blood concentration that is equal to or exceeds 80 mg of alcohol in 100 ml of blood, a blood drug concentration that is equal to or exceeds the blood drug concentration that is prescribed by regulation, or a blood alcohol concentration and a blood drug concentration that is equal to or exceeds the blood alcohol concentration and the blood drug concentration prescribed by regulation 320.14(4) 5 Having a blood drug concentration that is equal to or exceeds the blood drug concentration prescribed by regulation and that is less than the blood drug concentration prescribed for the purposes of paragraph 320.14(1)(c) within 2 hours after ceasing to operate a conveyance 320.15(1) 5 Failure or refusal to comply with demand 320.15(2) 5 Failure or refusal to comply with demand knowing, or reckless as to whether, involved in an accident that resulted in bodily harm 320.15(3) 5 Failure or refusal to comply with demand knowing, or reckless as to whether, involved in an accident that resulted in death 320.16(1) 5 Failure to stop after accident 320.16(2) 5 Failure to stop after accident that resulted in bodily harm 320.16(3) 5 Failure to stop after accident that resulted in death 320.17 5 Failure to stop while pursued by officer 320.18 5 Operation of a conveyance while prohibited 334 5 Theft of a motor vehicle 335(1) 5 Taking a motor vehicle without the consent of the owner Highway Traffic Act Provision Compliance Indicators Description of Offences 13(1) 3 Non resident failure to register commercial motor vehicle 21 1 Operating service vehicle with dealer’s plates attached 22 1 Using or hiring dealer’s vehicle without registration 27 1 Using vehicle without dealer’s plates attached 28(2) 1 Failure to return an identification plate 29 1 Failure to produce vehicle licence 30 1 Identification plates not securely fastened in proper position 31 1 Failure to keep identification plates clean 37 1 Failure to notify registrar of transfer of ownership 38 1 Failure to file change of address with registrar 39 1 Failure to notify registrar of change of name 42(a)(i)(A) 3 Operate unregistered/unlicensed vehicle not exceeding 4500kgs. 42(a)(i)(B) 3 Operate unregistered/unlicensed vehicle 4500 to 10900 kgs. 42(a)(i)(C) 3 Operate unregistered/unlicensed vehicle exceeding 10900 kgs. 42(a)(ii)(A) 3 Operate unregistered trailer not exceeding 4500 kgs. 42(a)(ii)(B) 3 Operate unregistered trailer 4500 to 10900 kgs. 42(a)(ii)(C) 3 Operate unregistered trailer exceeding 10900 kgs. 42(a)(iii) 2 Operate vehicle without valid identification plates or stickers 42(b) 2 Defacing or altering identification plate or marker 42(c) 2 Using vehicle with defaced, mutilated or altered identification plate or marker 42(d) 2 Removing identification plate or marker without authority 42(e) 2 Using false identification plate or marker 42(f) 2 Using marker or number plate capable of being confused with identification plate or marker 42(g) 3 Failure to surrender identification plates 42(h) 2 Giving false name or address in application for registration of a vehicle 42(j) 3 Using or permitting the use of fictitious identification plates 43(4) 3 Operating a motor vehicle without a licence for that class of vehicle 43(5) 3 Invalid or no driver's licence 43(6) 3 Driving while disqualified 49(2) 3 Licensee failing to produce licence upon request 50(1) 3 Failure to return licence to registrar upon request 50(2) 3 Failure to return or deliver licence 51 3 Driving other than class of vehicles specified in licence 52 3 Using licence issued to another person 53(1) 3 Unlawful operation under licence issued elsewhere 54 3 Allowing unlicensed driver to drive 55(2) 2 Having person in addition to learner and instructor in vehicle 56(1) 2 Renting vehicle to person not licensed to drive 56(4) 2 Failure to keep record regarding vehicles rented 57 1 Failure to notify registrar of lost driver’s licence, etc.

59(1)(a) 3 Defacing or altering driver’s licence 59(1)(b) 3 Lending driver’s licence 59(1)(c) 3 Person misrepresenting driver’s licence as his or her own 59(1)(d) 3 Failure to surrender suspended or cancelled driver’s licence 59(1)(e) 2 Giving false name or address in application for driver’s licence 73(1) 2 Applying for driver’s licence while disqualified 75(5(a) 3 Obtaining the registration of a motor vehicle when that motor vehicle is not insured by a policy 75(5)(b) 3 Operating or permitting the operation of a motor vehicle without a policy 75(5)(c) 1 Failure to produce proof that a policy is in force 80(a)(i) 3 Producing financial responsibility card where policy of insurance not in force 95(1) 3 Failure to drive to the right 95(2) 3 Failure to give one half the roadway 96(1) 3 Improper passing 96(2) 3 Failure to give way to passing vehicle 97(1) 3 Passing on the right of another vehicle 97(2) 3 Passing on the right when unsafe to do so 98 3 Passing where width or weight of vehicles makes it difficult 99(1) 3 Passing on left when unsafe to do so 99(2) 3 Overtaking and passing near crest of grade, curve, bridge or intersection 99(3) 3 Overtaking and passing when driver cannot see far enough ahead 100(1) 3 Driving to left of centre line of roadway 100(2) 1 Vehicle proceeding at less than normal speed not driving in right hand lane 100.1(1) 3 Failure to yield right-of-way entering roundabout 100.1(2) 3 Failure to drive to right of centre of roundabout 100.1(3) 3 Failure to yield right-of-way in roundabout to traffic travelling to left of driver's vehicle 101(b) 3 Crossing solid line 101(e) 2 Failing to signal driving from one lane to another 101(f) 2 Making improper left turn at intersection or into private road or driveway 101(g) 2 Making improper right turn at intersection 101(h) 2 Driving in centre lane of 3 lane roadway 101(i) 3 Improper passing on roadway with 2 or more lanes available to traffic heading in same direction 101(j) 2 Driving in wrong lane contrary to direction of traffic control device 101(k) 3 Failure to allow overtaking vehicle to pass 102 3 Passing in no passing zone or failing to drive to right of zone 103(1) 3 Following vehicle too closely 103(2) 3 Failing to leave proper distance between vehicles 103(3) 3 Failing to leave sufficient space between vehicles in caravan or motorcade 104 2 Driving over intervening space dividing highway into 2 roadways 105(1) 1 Failure to enter controlled access highway at proper location 105(2) 1 Failure to leave controlled access highway at proper location 106(1) 3 Failure to obey traffic control signal or device 106(2) 3 Failure to yield right of way while turning to other traffic in intersection when green or "go" signal shown 106(4) 3 Failure to yield right of way to pedestrian in roadway or crosswalk 106(6) 3 Entering intersection on yellow or amber light 106(8) 3 Passing yellow or amber light at place other than intersection 106(10) 3 Passing red light or stop" signal at intersection 106(12) 3 Passing red light or stop" signal at place other than intersection 106(14)(a) 3 Failing to obey green arrow at intersection 106(14)(b) 3 Entering intersection when green arrow shown and failing to yield right of way 106(16)(a) 3 Fail to stop when flashing red light on at intersection 106(16)(b) 3 Failure to yield right-of-way at intersection when flashing red light on 106(18)(b) 3 Failure to yield right-of-way to traffic in intersection when yellow or amber traffic light on 106(22) 3 Entering intersection against flag signal or other device 106(24) 3 Failure to stop at stop sign 106(25) 3 Failure to obey signs reading "Turn Right" or "Right Turn Only" 106(26) 3 Failure to obey signs reading "Turn Left" or "Left Turn Only" 106(30) 3 Bus picking up or letting down passengers at place other than "Bus Stop" 106(38) 3 Failure to obey "No Entry" sign 106(40) 3 Failure to obey signs reading "No Left Turn", "No Right Turn", "No Turns" or "No Right Turn on Yellow or Amber or Red Light" 106(42) 2 Proceeding wrong way on one-way highway 106(44) 2 Failure to observe half load limit 106(50) 3 Failure to obey sign restricting use of highway to certain classes of vehicles 106(52) 3 Failure to obey sign restricting use of highway to vehicles of certain maximum gross mass 110(1)(a) 2 Driving imprudently 110(1)(b) 3 Driving without due care and attention 110(1)(c) 3 Driving without reasonable consideration for other persons 110(1)(d) 3 Driving while suffering from disease or disability 110(3)(a) 1 Exceeding the speed limit by between 1 and 10 kilometres an hour 110(3)(b) 1 Exceeding the speed limit by between 11 and 20 kilometres per hour 110(3)(c) 2 Exceeding the speed limit by between 21 and 30 kilometres per hour 110(3)(d) 3 Exceeding the speed limit by between 31 and 50 kilometres an hour 110(3)(e) 3 Exceeding the speed limit by 51 kilometres an hour and over 110.01 3 Driving without due care and attention or reasonable consideration for others causing death or bodily harm 110.1(4)(a) 1 Exceeding the speed limit by between 1 and 10 kilometres an hour 110.1(4)(b) 2 Exceeding the speed limit by between 11 and 20 kilometres an hour 110.1(4)(c) 3 Exceeding the speed limit by between 21 and 30 kilometres an hour 110.1(4)(d) 3 Exceeding the speed limit by between 31 and 50 kilometres an hour 110.1(4)(e) 3 Exceeding the speed limit by 51 kilometres an hour and over 110.2(4)(a) 1 Exceeding the speed limit by between 1 and 10 kilometres an hour 110.2(4)(b) 2 Exceeding the speed limit by between 11 and 20 kilometres an hour 110.2(4)(c) 3 Exceeding the speed limit by between 21 and 30 kilometres an hour 110.2(4)(d) 3 Exceeding the speed limit by between 31 and 50 kilometres an hour 110.2(4)(e) 3 Exceeding the speed limit by 51 kilometres an hour and over 111(1) 1 Slow driving 111.1(1) 1 Operating a slow moving vehicle on a highway with a speed limit of greater than 80 kilometres an hour. 111(3) 2 Failing to obey order to increase speed, pull in to curb or remove vehicle from highway 112 2 Failing to signal change of direction, etc. 113(1) 2 Moving a vehicle when unsafe to do so or without signalling 113(2) 2 Failure to give sufficient signal 113(3) 2 Entering traffic with improper movement or signal 114(3)(a) 2 Right-hand drive vehicle not equipped with a mechanical or electrical device 114(3)(b) 2 Failure to display notice of "Right-Hand Drive Vehicle" 115(1) 2 Making improper right turn at intersection 115(2) 2 Making improper left turn at intersection 115(3) 2 Changing lanes while turning 115(4) 2 Making improper left turn at intersection from one-way roadway 115(5) 2 Making improper left turn at intersection into one-way roadway 115(6) 2 Making improper left turn at intersection from one-way roadway into another one-way roadway 115(7) 3 Failure to obey traffic-control device at intersection indicating course to be travelled 116 2 Turning on highway to proceed in opposite direction 117(1) 2 Improper turning at intersection 117(2) 2 Turning or changing course when unsafe to do so 117(3) 2 Improper signal of intention to turn 117(4) 2 Stopping or decreasing speed without signalling 118 2 Failing to yield right-of-way at intersection 119 2 Failing to yield right-of-way at intersection while making left turn 120 2 Failing to yield right-of-way when entering highway 121 3 Failing to yield right-of-way to emergency vehicle 121.1 3 Failing to reduce speed, stop, pass, change lanes or move over when approaching stopped emergency vehicle or designated vehicle 123(6) 2 Unlawfully showing flashing red light 125(1) 2 Failing to yield right-of-way to pedestrian in crosswalk 125(3) 3 Overtaking and passing vehicle stopped at crosswalk 127(a) 3 Failing to exercise due care to avoid colliding with pedestrian 127(b) 3 Failing to give warning by sounding horn 127(c) 3 Failing to observe precaution where child or incapacitated person on highway 131 3 Driving through a safety zone 132(1) 3 Failing to stop at railway crossing 132(2) 3 Driving vehicle through barrier, etc. at railway crossing 133 3 Failing to stop at stop sign at railway crossing 134(1)(b) 3 School bus carrying a child failing to stop at railway crossing 134(1)(c) 3 Vehicle carrying explosive substance, etc. failing to stop at railway crossing 135 3 Failing to approach railway track with caution 136 3 Failing to observe yield sign at intersection 137(1) 3 Passing school bus 137(2)(a) 2 Stopping school bus in improper place 137(3) 2 Failing to have school bus properly marked 137(4) 3 School bus not equipped with visual signals or not activated 137(5) 1 Operating school bus with markings not concealed 138(1) 2 Failing to yield right-of-way to vehicle drawn by animal 140(1) 1 Parking on roadway 140(2) 1 Parking so as to obstruct traffic 144(d) 1 Parking too close to fire hydrant 144(k) 1 Parking too near fire station 144(l) 1 Parking too near street excavation or obstruction and obstructing traffic 144(m) 1 Parking on the roadway side of a stopped or parked vehicle 144(n) 2 Parking on a bridge or in a highway tunnel 144(o) 3 Failure to observe traffic-control device prohibiting parking or stopping 146 3 Parking so as to cause danger to persons using highway 147 3 Parking on highway where vehicle not visible to approaching traffic 149(2) 2 Failing or refusing to remove vehicle from highway 149(12) 1 Failing or refusing to surrender vehicle licence 150 1 Parking unattended vehicle on a highway without stopping engine and locking ignition etc. 151 2 Backing vehicle when unsafe to do so 155(a) 1 Driving motor vehicle with unauthorized non-transparent materials on window 155(b) 1 Driving motor vehicle with ornaments which obstruct vision 155(c) 1 Driving motor vehicle with snow or other precipitation which obstructs vision 155(d) 1 Driving motor vehicle with broken or damaged windows or mirrors 156(1) 1 Driving vehicle with vision obscured or control obstructed by passengers in front seat 156(2) 1 Passenger occupying position in vehicle interfering with driver's vision and control 156(3) 1 Driver permitting passenger to occupy position interfering with vision and control 157 3 Driving vehicle with load projecting out of the vehicle without a permit 159 2 Coasting down grade in neutral or with clutch disengaged 160(1) 3 Following emergency vehicle too closely or parking too close to fire apparatus 161 3 Failing to obey person with flag or sign 162 3 Failing to obey directions of a traffic officer 163(1) 1 Littering on a highway 163(2) 1 Failing to remove glass from a highway 163(3) 1 Depositing or throwing snow or ice upon a highway 164 2 Driving on sidewalk 166(1) 2 Failure to carry warning devices in vehicle 166(2) 3 Failure to place warning devices on highway in case of emergency breakdown 167 1 Driving vehicle without chains or winter tires 168 3 Racing vehicles or bicycles on a highway 168.1(1) 3 Performing or engaging in stunt while driving 169(1)(a) 3 Failing to stop at accident scene 169(1)(b) 3 Failing to give name and address 169(1)(c) 2 Failure to provide proof of insurance at scene of accident 169(1)(d) 3 Failing to render assistance to injured person 169(2) & (3) 3 Failure to notify owner, driver or peace officer after collision with unattended vehicle 169(4) 3 Failure to notify owner where other property damaged 170(1) 3 Driver of vehicle failing to make report 170(2) 3 Occupant of vehicle failing to make report 170(3) 3 Owner of vehicle failing to make report 170(4) 3 Person being owner and driver failing to make report when capable 174(2) 3 Making false statement in report 175(5)(a) 3 Failing to stop at weigh scales 175(5)(b) 3 Failing to drive to nearest scales when ordered to do so 175(5)(c) 3 Refusing to have vehicle weighed 175(5)(d) 3 Refusing to remove excess weight 176(1) 3 Care and control of motor vehicle equipped with radar detector 176(4) 3 Unlawful sale of radar detectors 176.1 3 Holding or using a hand-held wireless communication device or other prescribed device that is capable of receiving or transmitting telephone communications, electronic data, email or text messages 177 3 Knowingly causing another to drive unlawfully 178(2) 2 Driving motor vehicle with seat belt removed or inoperative 178(3) 2 Driver not wearing seat belts 178(4) 2 Passenger not wearing seat belt 178(6) 2 Operating a vehicle with an underage passenger unbelted 178(8) 2 Driver operating vehicle with child not in car seat 178.1(2) 2 Operating on a highway a vehicle in which there is a passenger, who is a child 8 years of age or younger, improperly or not secured in a child seat restraint system 187(5) 1 Operating a vehicle which does not comply with regulations 196(2) 3 Failure to comply with vehicle inspection requirements 205(1) 1 Driver refusing to give name or address or giving false name or address 205(2)(a) 1 Owner of vehicle failing to identify driver Bus Regulations Provision Compliance Indicators Description of Offences 4 3 School bus not properly equipped with flashing red lights or signs 5 3 School bus not yellow or bus other than school bus painted yellow 6 3 Bus not properly equipped with safety accessories 7 1 Bus not clean or ventilated 8 2 Driver of bus collecting fares, allow passengers embark or disembark, while bus in motion 9(1) 3 Bus carrying person or article obstructing driver 9(2) 3 Interior of bus not free of projections 10(1) 3 Entrance or exit of bus not free of obstructions 10(2) 2 Operating bus while passenger is not seated 11(4) 3 Bus carrying passengers in excess of limit 11(5) 2 Bus not equipped with hand holds 11(6) 3 School bus carrying passengers not permitted 13 3 Entrance of bus improper construction 14(2) 1 Defective exhaust 14(3) 1 Floor of bus allowing exhaust fumes to enter bus 15 2 Gas tank intake of improper construction or not located on exterior of bus 16 3 Fuelling bus in closed building 18(2) 3 Driver of bus following too closely Licensing and Equipment Regulations Provision Compliance Indicators Description of Offences 2.3(3) 3 Driving, causing to be driven or allowing to be driven a commercial vehicle which has been declared out-of-service under the regulations 7(1) 2 Driving without headlights on when required 7(2) 3 Driving with fog lamps illuminated when not required 7(3) 3 Fog lamps improperly mounted 7(4) 3 Fog lamps improperly aimed 7(5) 3 Parking on highway with lamps illuminated 7(6) 3 Vehicle not equipped with required head lamps 7(10)(a) 3 Headlamp emitting any but white light 7(10)(b) 3 Operating vehicle with headlamp equipped with cover or shield 7(10)(c) 3 Vehicle equipped with headlamp other than that specified 8(1) 3 Vehicle not equipped with high beam and low beam or not able to select beam 8(2) 3 Driver failing to dim head lamps 10(1) or (2) 3 Vehicle not equipped with tail lamp(s) 10(3) 3 Tail lamp improperly positioned on vehicle 10(4) 3 Licence plate not properly illuminated 10(5) 2 Fail to place red flag or lamp on projecting load 11(1) (b) 3 Vehicle not equipped with two stop lamps 11(3)(b) 3 Brake light emitting other than red light 12(1) 3 Vehicle not equipped with sufficient turn signals 12(3) 3 Turn signal system improper construction 13(1) 3 Vehicle not equipped with sufficient clearance lamps 13(2) 3 Clearance lamps not visible or not properly located 14(1) 3 Motor vehicle not equipped with identification lamps 14(2) 3 Identification lamps not properly located 14(3) 3 Trailer not equipped with rear identification lamps 14(6) 3 Identification lamps not visible 15(1) 3 Vehicle not equipped with side reflex reflectors 15(2) 2 Vehicle not equipped with sufficient red rear reflex reflectors 15(3) 2 Reflex reflectors not visible or not properly located 16(1) or (2) 3 Vehicle not equipped with side marker lamps 17(1) 3 Vehicle not equipped with hazard warning lamps 17(3) 3 Trailer not equipped with hazard warning lamps 18(1) 3 Vehicle equipped with improper backup lamps 18(2) 3 Backup lamp illuminated while vehicle in forward motion 19 3 Vehicle equipped with improper parking lamps 20(1) 3 Operation of vehicle between dusk and dawn not equipped with sufficient park lamps 21(1) 3 Motor vehicle equipped with forward facing red lamp or rear facing white lamp 21(2) 3 Motor vehicle equipped with flashing or revolving coloured lamp 24(1) or (3) 3 Motor vehicle improperly equipped with spot lamps 24(2) 3 Spot lamps not aimed or operated properly 25(1)(a) 3 Inadequate service brake 25(1)(b) 3 Inadequate emergency or parking brake 25(3) 3 Refusing to allow inspector to inspect brakes or refusing to operate vehicle for test of brakes 25(7) 3 Brakes not properly maintained or adjusted 25(8) 3 Axle configuration not equipped with brakes on all wheels of configuration 25(9) 3 Brake hose or tubing defective or improperly installed 25(10) 3 Brake linings worn, or not properly installed or maintained 26(2)(a) 3 Operate vehicle with tires of different construction types 26(2)(b) 3 Operate vehicle having a gross mass in excess of 4,500 kilograms with tires of different construction type on the same axle 26(4) 3 Operate motor vehicle with defective tire 26(5) 1 Operate motor vehicle with defective wheel or rim 27 3 Operate vehicle in snow or ice conditions without proper tires or chains 28(1) 3 Operate motor vehicle with studded tires between May 1 and October 31 29(1) 1 Not equipped with exhaust system or system emitting excessive noise 29(2) 1 Defective muffler 30 1 Vehicle not equipped with a horn or horn not securely fastened 31 1 Excessive smoke emitted from vehicle 32(1) 1 Vehicle not equipped with a windshield wiper or washer system 32(3) 1 Vehicle not equipped with a windshield defrosting and defogging system 33.2(1) 1 Inadequate or no rear view mirror 33.2(2) 1 Inadequate or no side rear view mirror when required 33.2(3) 1 Towing vehicle not equipped with 2 side rear view mirrors 35.2(1) 1 Inadequate mud guards 33 1 Windshield not of proper material 34(1)(b) 1 Vehicle equipped with television visible to driver 36 1 Front opening type hood not equipped with primary and secondary latch mechanism 37 1 Vehicle door not equipped with latch having full and secondary latched positions 38 1 Vehicle equipped with tinted windshield or tinted driver seat side windows 39 2 Operate vehicle towing trailer with defective, inadequate or improper connecting devices 41(1) 1 Vehicle not equipped with speedometer 41(2) 1 Driver's view of speedometer obstructed 41(3) 1 Vehicle odometer not functioning 43 1 Required equipment not maintained in good working order or not securely fastened 43.1(4) 2 Operating or causing to be operated commercial vehicle not subject to systematic inspection, repair and maintenance program 43.1(5) 3 Carrier failing to maintain records, destroying records or falsifying records required by regulations 45 2 Slow moving vehicle failing to display warning device 46 3 Head lamps do not conform with Motor Vehicle Safety Act (Canada) 47 3 Vehicle equipped with in-cab control for varying mass distribution on one or more axle 50.2(1) 1 Operating vehicle not in compliance with regulations 50.2(2) 1 Causing to be operated commercial vehicle not in compliance with regulations 50.2(3) 3 Obstructing or hindering inspector in performance of his or her duties Highway Traffic Driver Regulations Provision Compliance Indicators Description of Offences 21 3 Operating air brake equipped vehicle without proper endorsement 26 3 Operating a vehicle as a learner in a higher class without endorsement Official Inspection Station Regulations Provision Compliance Indicators Description of Offences 8.1(1) 3 Operation of a "salvage vehicle" which has not been declared as a "rebuilt vehicle" 8.1(2) 3 Operation of a vehicle declared as a non repairable vehicle 10(1) 3 Failure to obtain a vehicle inspection certificate where required 10(4) 3 Operate vehicle without valid inspection certificate 10(9) 1 Owner of bus failing to submit inspection certificate to registrar 11(3) 3 Bus failing to display inspection sticker 19(4) 3 Issuing or using a false inspection sticker 19(5) 3 Displaying false inspection sticker 19(6) 3 Displaying false vehicle inspection certificate 19(7) 3 Defacing or altering inspection sticker 19(8) 3 Using defaced or altered inspection sticker 19(10) 3 Operating a vehicle which has failed an inspection Vehicles Regulations Provision Compliance Indicators Description of Offences 3(1)(a) 3 Operate vehicle or combination of vehicles with mixture of tire size or capacity on any axle 3(1)(b) 3 Operate vehicle or combination of vehicles with any axle not equipped with brakes 3(2)(a) 1 Exceeding registered mass on registration permit 3(2)(b) 1 Exceeding registered steering axle weight 3(2)(d) 1 Operating vehicle exceeding permitted axle weight 3(2)(e) 1 Adjacent axle load variance greater than 1000 kgs. 6(6) 1 Failure to carry or produce special permit 6(8) 1 Failure to display exceeding prescribed dimensions by signs 6(12) 3 Exceeding mass authorized by special permit on the gross weight of the axle weight or gross vehicle weight authorized by special permit 6(13) 3 Operating a vehicle or combination of vehicles that exceeds the axle weight or gross vehicle eight authorized by a special permit 9(a) 1 Operating a vehicle or combination of vehicles not specified in Schedule or combination of vehicles in Schedules A and B 9(h) 1 Exceeding length on train combination 9(i) 3 Operating a vehicle with width greater than 2.6 metres 9(j) 3 Operating a vehicle with height greater than 4.15 metres 9(k) 2 Operating a trailer with a width greater than 2.05 metres without required conspicuity system 13(1) 3 Operating an overmass or oversize vehicle without special permit Motor Carrier Act Provision Compliance Indicators Description of Offences 4(1)(a) 3 Operating a public service vehicle without a certificate 4(2) 3 Making use of a public service vehicle where the operator does not have a certificate 12(1) 3 Selling, assigning, leasing or transferring a certificate 15(2) 2 Failing to designate and maintain a person as an agent 15(3) 2 Failing to notify the board and the registrar of change of name or address 19 3 Operating a public service vehicle under an expired, cancelled or suspended certificate 21(1) 2 Operating a public service vehicle contrary to the terms and conditions of a certificate 22 2 Operating a public service passenger vehicle at rates in excess of the rates approved or set by the board 23(1) 2 Suspending, abandoning or discontinuing public passenger service without approval of the board 23(6) 1 Failure to remove distinctive plates, stickers or signs from vehicle 24(1) 1 Failure to inform of regulations or to post a copy in workplace 25 2 Refusing to carry passenger(s) in a public service passenger vehicle 30 3 Failing to furnish safe and adequate service or facilities 31 2 Failing to furnish information to the registrar or the board Motor Carrier Regulations Provision Compliance Indicators Description of Offences 32(b) 2 Failing to furnish service throughout the whole area authorized 33(1) 2 Operator of a regular public passenger service failing to provide service in accordance with time schedule fixed 33(2) 2 Operator of a regular public passenger service failing to provide equipment and facilities equal to requirements 34 2 Operator of an irregular public passenger service failing to transport passengers, baggage and parcel express to the extent of available equipment 35 2 Operating type of vehicle other than that described in certificate 36(1) 1 Failure to affix the name of certificate holder and certificate number to both sides of vehicle 37(2) 2 Operating a public service vehicle without a copy of certificate and proof of insurance Hours of Service Regulations Provision Compliance Indicators Description of Offence 5(a) 1 Carrier, shipper, cosignee or person requesting, requiring or allowing a driver to drive or a driver driving where driving would be likely to jeopardize the safety or health of the public, the driver or the employees of the carrier. 5(b) 1 Carrier, shipper, cosignee or person requesting, requiring or allowing a driver to drive or a driver driving where the driver is the subject of an out-of-service declaration. 5(c) 1 Carrier, shipper, cosignee or person requesting, requiring or allowing a driver to drive or a driver driving where driving would not be in compliance with the regulations. 8(1) 3 Carrier requesting, requiring or allowing a driver to drive or a driver driving after the driver has accumulated 13 hours of driving time in a day. 8(2) 3 Carrier requesting, requiring or allowing a driver to drive or a driver driving after the driver has accumulated 14 hours of on-duty time in a day. 9(1) 3 Carrier requesting, requiring or allowing a driver to drive or a driver driving without having taken at least 8 consecutive hours of off-duty time after the driver accumulated 13 hours of driving time. 9(2) 3 Carrier requesting, requiring or allowing a driver to drive or a driver driving without having taken at least 8 consecutive hours of off-duty time after the driver accumulated 14 hours of on-duty time. 9(3) 3 Carrier requesting, requiring or allowing a driver to drive and a driver driving after 16 hours have elapsed between the conclusion of the most recent period of 8 or more consecutive hours of off-duty time and the beginning of next 8 or more consecutive hours of off-duty time. 10 1 Carrier failing to ensure that driver has taken or driver failing to take at least 10 hours of off-duty time in a day as prescribed by the regulations. 15(1) 1 Carrier failing to require that driver follows or driver fails to follow either cycle 1 or 2. 15(2) 3 Carrier requesting, requiring or allowing a driver to drive or a driver driving without having taken at least 24 consecutive hours of off-duty time in the preceding 14 days. 15(3) 3 Carrier requesting, requiring or allowing a driver who is following cycle 1 or a driver who is following cycle 1 driving after having accumulated 70 hours of on-duty time in 7 days. 15(4)(a) 3 Carrier requesting, requiring or allowing a driver who is following cycle 2 to drive or a driver who is following cycle 2 driving after having accumulated 120 hours of on-duty time in 14 days. 15(4)(b) 3 Carrier requesting, requiring or allowing a driver who is following cycle 2 to drive or a driver who is following cycle 2 driving after having accumulated 70 hours of on-duty time without having taken at least 24 consecutive hours of off-duty time. 17(1) 1 Carrier requesting, requiring or allowing a driver to switch or a driver switching cycles without first taking the prescribed off-duty time before beginning to drive again. 31 1 Carrier failing to perform its obligations as a permit holder. 34(1) 3 Motor carrier failing to ensure that a commercial vehicle is equipped with an electronic logging device that meets the requirements of the Technical Standard. 38(1) 2 Carrier failing to require a driver or driver failing to complete a record of duty status. 39(1) and (2) 2 Carrier failing to require a driver or driver failing to legibly enter the prescribed information in the record of duty status. 40 1 Carrier requesting, requiring or allowing a driver to drive or a driver driving while not in possession of records of duty status and supporting documents. 41(1) and (2) 1 Carrier failing to ensure that a driver or a driver failing to forward the record of duty status and supporting documents to the home terminal within the prescribed time period. 41(3)(a) 1 Carrier failing to deposit records of duty status and supporting documents at its principal place of business within the prescribed time period. 41(3)(b) 1 Carrier failing to retain records of duty status and supporting documents for the prescribed time period. 42(1) 3 Carrier requesting, requiring or allowing a driver to keep or a driver keeping more than one record of duty status in respect of any day. 42(2) 3 Carrier requesting, requiring or allowing a person to or a person entering inaccurate information in a record of duty status or falsifying, mutilating, obscuring, altering, deleting, destroying or defacing records of duty status or supporting documents. 42(3) 3 Carrier requesting, requiring or allowing a person to or a person blocking or degrading a signal transmission or reception or tampering with an electronic logging device. 43(1) 1 Carrier failing to monitor compliance of driver with regulatory requirements. 43(2) 1 Carrier failing to take remedial action where non-compliance exists. 46(4) 3 Obstructing, hindering or knowingly making false or misleading statements to an inspector engaged in carrying out duties and functions. 47 1 Driver failing to produce documents requested by an inspector for inspection. 48(2) 3 Carrier failing to produce documents requested by an inspector for inspection at the place specified by the inspector. Trip Inspection Report Regulations Provision Compliance Indicators Description of Offence 4(1), (2) and (3) 2 Failing to conduct, or cause to be conducted an inspection of a commercial vehicle in the prescribed manner and frequency. 5(1) 2 Failing to inspect every component listed in Column 1 of the applicable schedule. 5(2) 2 Failing to conduct an adequate inspection of a commercial vehicle. 5(3)(a) 2 When conducting an inspection of a motor coach in accordance with Schedule D or an equivalent maintenance program failing to raise the commercial vehicle in a manner that provides access to the vehicle components. 5(3)(b) 2 Failing to ensure that an inspection of a motor coach conducted in accordance with Schedule D or an equivalent maintenance program is conducted by a qualified person. 6(1) 1 Failing to record on the inspection report defects detected during the inspection. 6(2) 1 When conducting an inspection of a motor coach in accordance with Schedule D failing to record on the inspection report defects detected during the inspection, brake adjustment measurements and the nature of repairs carried out on the motor coach. 6(3) 1 Failing to report to the carrier prior to the next required inspection minor defects detected during the inspection. 6(4) 3 Failing to immediately report to the carrier major defects detected during the inspection. 6(5) 1 Where no defects detected during an inspection failing to record on the inspection report that no defects were detected. 7 1 Failing to prepare the inspection report in the prescribed manner with the prescribed information. 8(1) 2 Driver failing to monitor condition of vehicle while driving or being in charge of a commercial vehicle. 8(2) 1 Driver failing to record on the inspection report or to report to the carrier, in the prescribed time frame, a minor defect detected while driving or being in charge of a commercial vehicle. 8(3) 3 Driver failing to record on the inspection report or to report to the carrier, in the prescribed time frame, a major defect detected while driving or being in charge of a commercial vehicle. 9(1) 1 Carrier failing to ensure that previously reported defects are repaired prior to next required inspection or other time period specified in the jurisdiction of travel. 10(1) 2 Driving or permitting a person to drive a commercial vehicle where the vehicle was not inspected as prescribed, inspection report was not completed as prescribed or driver was not in possession of required inspection reports and schedules. 10(2) 3 Driving or permitting a person to drive a commercial vehicle where a major defect has been detected. 11(1) 1 Driver failing to forward to the carrier the original of each inspection report within the prescribed time period. 11(2) 1 Carrier failing to retain the original inspection reports for the prescribed time period. 13 3 Failing to produce inspection reports or schedules upon the demand of an inspector or failing to give an inspector reasonable help to enable the inspector to carry out his or her duties. 14(2)(d) 2 Falsifying an inspection report. 14(2)(e) 2 Falsely certifying a repair. Dangerous Goods Ticket Offences Regulations Provision Compliance Indicator Description of Offence 1.7(c) 3 Handle, offer for transport or transport dangerous goods without proper safety marks 1.7(c) 3 Handle, offer for transport or transport dangerous goods not complying with safety standards 3.2 3 Handle, offer for transport or transport dangerous good improperly documented as prescribed under carrier responsibility 5.4 3 Failure to securely stow dangerous goods for transport 6.1(1)(a) 3 Handle, offer for transport or transport dangerous goods while untrained 4.5(1) 3 Failure to ensure proper safety marks remain displayed 6.8 3 Failure to produce a training certificate upon request of an inspector Carrier Safety Regulations Compliance Indicator Description of Offence All provisions 3 A violation of any provision of the Carrier Safety Regulations 106/05 s12 ; 45/09 s1 ; 91/10 s1 ; 24/12 s1 ; 52/12 s1 ; 63/12 s1 ; 18/14 s1 ; 73/14 s1 ; 103/14 s1 ; 87/18 s1 ; 44/19 s1 ; 45/23 s14