O. Reg. 172/11: Vehicles for the Transportation of Physically Disabled Passengers


Published: 2011-05-19

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Français

ontario regulation 172/11

made under the

highway traffic act

Made: May 17, 2011
Filed: May 19, 2011
Published on e-Laws: May 24, 2011
Printed in The Ontario Gazette: June 4, 2011


Amending Reg. 629 of R.R.O. 1990

(Vehicles for the Transportation of Physically Disabled Passengers)

1. The title to Regulation 629 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:

 

Accessible Vehicles

2. Section 1 of the Regulation is revoked and the following substituted:

1. In this Regulation,

“accessible taxicab” means a passenger vehicle that is an accessible vehicle and that is licensed as a taxicab by a municipality; (“taxi accessible”)

“accessible urban transit bus” means a bus that is an accessible vehicle and that is operated as part of a service for which a fare is charged for transporting the public by vehicles operated,

(a) by or on behalf of a municipality or a local board as defined in the Municipal Affairs Act, or

(b) under an agreement between a municipality and a person, firm or corporation; (“autobus urbain accessible”)

“accessible vehicle” means a passenger vehicle or a bus,

(a) that is designed or modified to be used for the purpose of transporting persons with disabilities and is used for that purpose, whether or not the vehicle is also used to transport persons without disabilities, and

(b) that is operated,

(i) for compensation by, for or on behalf of any person, club, agency or organization, or

(ii) not for compensation by, for or on behalf of any person, club, agency or organization that holds itself out as providing a transportation service to persons with disabilities; (“véhicule accessible”)

“Canadian Standards Association Standard D409-02” means that Standard and its updates up to and including October, 2004; (“norme D409-02 de l’Association canadienne de normalisation”)

“compensation” includes any rate, remuneration, reimbursement or reward of any kind paid, payable, promised, received or demanded, directly or indirectly; (“rémunération”)

“inter-city bus” means a bus commonly known as a motor coach that has,

(a) motive power mounted to the rear of the front axle,

(b) air-ride or torsion-bar suspension,

(c) a baggage area that is separate from the passenger cabin, and

(d) a passenger cabin with reclining seats for passengers; (“autobus interurbain”)

“LTI accessible taxicab” means an accessible taxicab that,

(a) is manufactured by the London Taxis International division of Manganese Bronze Holdings PLC,

(b) bears the model name TXII, and

(c) is equipped with a ramp and two rear side access doors; (“taxi accessible de la LTI”)

“rear-entry accessible taxicab” means an accessible taxicab with a gross vehicle weight rating of not more than 2,900 kilograms that is equipped with a ramp at the rear, a rear door for wheelchair access and two rear side doors for ambulatory access; (“taxi accessible par l’arrière”)

“school bus” means a school bus within the meaning of section 175 of the Act. (“autobus scolaire”)

3. Section 2 of the Regulation is revoked and the following substituted:

2. (1) Accessible vehicles manufactured on or after January 1, 1986 are prescribed as a class of vehicle for the purposes of subsection 102 (3) of the Act.

(2) The standards set out in the Canadian Standards Association Standard D409-M84 are prescribed for all vehicles of the class referred to in subsection (1). 

(3) Equipment conforming to the Canadian Standards Association Standard D409-M84 is prescribed and required for use in all vehicles of the class referred to in subsection (1).

(4) This section does not apply to,

(a) rear-entry accessible taxicabs referred to in subsection 8 (1);

(b) inter-city buses that are accessible vehicles designed or modified for the purpose of transporting persons in wheelchairs and equipped with a lift or loading ramp; 

(c) accessible urban transit buses; or

(d) LTI accessible taxicabs that conform to the standards required under the Motor Vehicle Safety Act (Canada) and bear the National Safety Mark referred to in that Act.

4. (1) Subsection 3 (1) of the Regulation is amended by striking out “Every physically-disabled-passenger vehicle” in the portion before clause (a) and substituting “Every accessible vehicle”.

(2) Clauses 3 (1) (b) and (c) of the Regulation are revoked and the following substituted:

(b) be equipped with lights arranged to illuminate all of the interior of the vehicle that shall,

(i) be constantly lit during the loading or unloading of passengers, and

(ii) be sufficient to permit the safe on-board movement of passengers;

(c) be equipped with lights above or beside each passenger access door that shall,

(i) be constantly lit when the door is open,

(ii) be shielded to protect the eyes of entering and exiting passengers, and

(iii) illuminate,

(A) the ramp, lift or step nosings, and

(B) in the case of a vehicle manufactured after December 31, 2012, the ground surface for a distance of at least 0.9 metres perpendicular to the outer edge of a lift or the bottom step tread;

(3) Subsection 3 (1) of the Regulation is amended by adding the following clause: 

(d.1) in the case of a vehicle manufactured after December 31, 2012, be equipped with grab bars, handholds, handrails or stanchions that meet the following requirements:

(i) they are securely mounted,

(ii) they are colour-contrasted with their background,

(iii) they have a slip resistant surface,

(iv) they have an exterior diameter that permits easy grasping,

(v) they have sufficient clearance from the surface to which they are attached to permit easy grasping,

(vi) they are located,

(A) at each entrance for ambulatory access,

(B) at each exit for ambulatory access, and

(C) where passengers are required to pay fares,

(vii) their location must be distributed within the vehicle to facilitate the safe on-board movement of passengers as appropriate to the design of the vehicle, and

(viii) when located at an entrance of the vehicle, they are accessible from the ground and are mounted such that they are inside the vehicle when the doors are closed;

(4) Clauses 3 (1) (f) and (g) of the Regulation are revoked and the following substituted:

(f) have floor covering in the aisle and on the steps that,

(i) is slip resistant, fire-retardant and securely bonded or fastened,

(ii) produces minimal glare, and

(iii) is composed of,

(A) wear-resistant rubber or equivalent material, or

(B) carpet with a low, firm and level pile or loop;

(g) have steps that,

(i) have full-width yellow or white step nosings that are colour-contrasted with their background,

(ii) have closed risers, and

(iii) have uniform riser heights and tread depths, subject to the structural limitations of the vehicle.

(5) Section 3 of the Regulation is amended by adding the following subsections:

(3) If an accessible vehicle manufactured before January 1, 2013 is equipped with grab bars, handholds, handrails or stanchions, these devices shall meet the requirements set out in subclauses (1) (d.1) (i) to (v).

(4) Clauses (1) (d.1) and (f) and subsection (3) do not apply to school buses.

5. The Regulation is amended by adding the following section:

3.1 (1) Every accessible vehicle shall have at least one door for passenger access and an emergency exit door, located on different walls of the vehicle, and the emergency exit door shall be operable from both inside and outside the vehicle.

(2) In the case of an accessible vehicle used for the transportation of persons in wheelchairs, each of the doors referred to in subsection (1) shall have a wheelchair passageway that must be at least 762 millimetres wide.

(3) Subsection (2) does not apply to an accessible vehicle with a gross vehicle weight rating of not more than 2,900 kilograms that is equipped with two or fewer wheelchair securement devices.

(4) The emergency exit requirements set out in section 6.9.1 of the Canadian Standards Association Standard D409-M84 do not apply to a vehicle referred to in subsection (3).

(5) A vehicle referred to in subsection (3) shall have,

(a) a door for passenger access with a clear opening that must be at least 762 millimetres wide; and

(b) an emergency exit door with a clear opening that must be at least 724 millimetres wide.

(6) This section does not apply to,

(a) rear-entry accessible taxicabs referred to in subsection 8 (1);

(b) inter-city buses that are accessible vehicles designed or modified for the purpose of transporting persons in wheelchairs and equipped with a lift or loading ramp; or

(c) accessible urban transit buses.

(7) Subsections (2) and (5) do not apply to LTI accessible taxicabs that conform to the standards required under the Motor Vehicle Safety Act (Canada) and bear the National Safety Mark referred to in that Act.

6. Section 4 of the Regulation is revoked and the following substituted:

4. (1) Every accessible vehicle used for the transportation of persons in wheelchairs shall display the international symbol of access in a clearly visible position on the rear of the vehicle and on the front of the vehicle in a position other than on the windshield.

(2) The symbol of access required by subsection (1) must be at least 15 centimetres high and at least 15 centimetres wide.

7. (1) Subsection 5 (1) of the Regulation is amended by striking out “a physically-disabled-passenger vehicle” in the portion before clause (a) and substituting “an accessible vehicle”.

(2) The English version of clause 5 (1) (a) of the Regulation is amended by striking out “skid resistant” and substituting “slip resistant”.

(3) Subsection 5 (1) of the Regulation is amended by striking out “and” at the end of clause (b), by adding “and” at the end of clause (c) and by adding the following clause:

(d) have a coloured-contrasted strip running the full width of the ramp marking the edge of the ramp at the end at which the wheelchair enters from the ground.

(4) Section 5 of the Regulation is amended by adding the following subsection:

(1.1) Clause (1) (b) does not apply to LTI accessible taxicabs that conform to the standards required under the Motor Vehicle Safety Act (Canada) and bear the National Safety Mark referred to in that Act.

(5) Subsection 5 (2) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(2) Every power lift used on an accessible vehicle shall,

. . . . .

(6) The English version of clause 5 (2) (a) of the Regulation is amended by striking out “skid resistant” and substituting “slip resistant”.

(7) Clause 5 (2) (b) of the Regulation is amended by striking out “have the sides of the platform fitted with guards extending the full length on each side” at the beginning and substituting “have the sides of the platform fitted with raised edges extending the full length on each side”.

(8) Subsection 5 (2) of the Regulation is amended by striking out “and” at the end of clause (d), by adding “and” at the end of clause (e) and by adding the following clause:

(f) have a coloured-contrasted strip running the full width of the platform marking the outer edge of the platform.

(9) Section 5 of the Regulation is amended by adding the following subsections:

(3) Every accessible vehicle manufactured after December 31, 2012 that is equipped with a power-operated loading ramp or power lift or that has a kneeling feature shall also be equipped with both,

(a) a warning lamp indicator mounted on the exterior of the vehicle near the entrance where the ramp, lift or kneeling feature is used; and

(b) an audible warning alarm.

(4) The indicator and alarm required by subsection (3) shall function while,

(a) the power-operated loading ramp is being extended or retracted;

(b) the power lift is being raised or lowered; or

(c) the vehicle with a kneeling feature is being lowered or raised.

(5) Subsections (3) and (4) do not apply to a vehicle if the permit for the vehicle was issued by a jurisdiction other than Ontario.

(6) Subsections (3) and (4) do not apply to school buses.

8. The Regulation is amended by adding the following section:

5.1 (1) Every designated wheelchair position in an accessible vehicle manufactured after December 31, 2012 shall,

(a) in the case of a school bus, have an allocated space of 685 millimetres from side to side of the vehicle and 1220 millimetres from front to back of the vehicle;

(b) in the case of a vehicle that is not a school bus and that has a designated seating capacity of not more than 24 passengers, have an allocated space of 685 millimetres from side to side of the vehicle and 1220 millimetres from front to back of the vehicle; and

(c) in the case of a vehicle that is not a school bus and that has a designated seating capacity of more than 24 passengers, have an allocated space of 760 millimetres from side to side of the vehicle and 1220 millimetres from front to back of the vehicle.

(2) A vehicle to which subsection (1) applies may have an overlap between designated wheelchair positions of not more than 150 millimetres from front to back of the vehicle.

9. (1) Subsection 6 (1) of the Regulation is amended by striking out “Every physically-disabled-passenger vehicle” at the beginning and substituting “Every accessible vehicle”.

(2) Subsection 6 (3) of the Regulation is amended by striking out “a physically-disabled-passenger vehicle” in the portion before clause (a) and substituting “an accessible vehicle”.

(3) Subsection 6 (4) of the Regulation is amended by striking out “a physically-disabled-passenger vehicle” and substituting “an accessible vehicle”.

(4) Section 6 of the Regulation is amended by adding the following subsection:

(5) This section does not apply to accessible urban transit buses.

10. (1) Subsection 7 (1) of the Regulation is revoked and the following substituted:

(1) Every accessible vehicle shall be equipped with a seat belt assembly, consisting of a pelvic restraint or a pelvic and torso restraint, securely anchored to the vehicle, for each seat in the vehicle intended for use by persons with a mobility impairment.

(2) Subsection 7 (2) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(2) Every designated wheelchair position in an accessible vehicle shall, in addition to the devices required by section 6, be equipped with an occupant restraint assembly,

. . . . .

(3) Subsection 7 (3) of the Regulation is amended by striking out “Every occupant restraint assembly in a physically-disabled-passenger vehicle” at the beginning and substituting “Every seat belt assembly and occupant restraint assembly in an accessible vehicle”.

(4) Section 7 of the Regulation is amended by adding the following subsection:

(4) This section does not apply to accessible urban transit buses.

11. Section 8 of the Regulation is revoked and the following substituted:

8. (1) Rear-entry accessible taxicabs manufactured on or after January 1, 1986 are prescribed as a class of vehicle for the purposes of subsection 102 (3) of the Act.

(2) The following standards are prescribed for all vehicles of the class referred to in subsection (1):

1. In the case of vehicles manufactured on or after June 30, 2005, the standards set out in the Canadian Standards Association Standard D409-02.

2. In the case of vehicles manufactured on or after January 1, 1986 and before June 30, 2005,

i. the standards set out in the Canadian Standards Association Standard D409-02, if the vehicles would have conformed to that Standard had it been in force at the time of their manufacture, or

ii. the standards set out in the Canadian Standards Association Standard D409-M84, if the vehicles would not have conformed to the Canadian Standards Association Standard D409-02 had it been in force at the time of their manufacture.

(3) Equipment conforming to the applicable Canadian Standards Association Standard is prescribed and required for use in all vehicles of the class referred to in subsection (1).

(4) Despite subsections (2) and (3), the emergency exit requirements set out in section 6.9.1 of the Canadian Standards Association Standard D409-M84 and those set out in section 6.4 of the Canadian Standards Association Standard D409-02 do not apply to vehicles of the class referred to in subsection (1).

12. Sections 9 and 10 of the Regulation are revoked.

13. (1) The French version of subsection 11 (1) of the Regulation is amended by striking out “pour le transport accessible” at the end and substituting “accessibles”.

(2) Subsection 11 (2) of the Regulation is revoked.

(3) The French version of subsection 11 (3) of the Regulation is amended by striking out “pour le transport accessible” in the portion before clause (a) and substituting “accessible”.

(4) Clause 11 (3) (c) of the Regulation is revoked.

(5) The French version of subsection 11 (4) of the Regulation is amended by striking out “pour le transport accessible” in the portion before clause (a) and substituting “accessible”.

(6) The French version of clause 11 (4) (a) of the Regulation is amended by striking out “appareil de levage” and substituting “appareil de levage motorisé”.

(7) The English version of clause 11 (4) (b) of the Regulation is amended by striking out “the use of a “kneeling” feature” and substituting “the use of a kneeling feature”.

(8) Subsection 11 (5) of the Regulation is revoked.

14. Sections 12, 13 and 14 of the Regulation are revoked.

Commencement

15. This Regulation comes into force on the later of July 1, 2011 and the day this Regulation is filed.

 

Français