AR 121/2009 COMMERCIAL VEHICLE SAFETY REGULATION (Consolidated up to 78/2013)
ALBERTA REGULATION 121/2009
Traffic Safety Act
COMMERCIAL VEHICLE SAFETY REGULATION
Table of Contents
Interpretation
1 Definitions
General Standards
2 Adoption of standards
Prohibition
3 Operating an unsafe vehicle
Compliance with Safety Standards
4 Compliance with safety standards
Compliance with Maintenance Standards
5 Compliance with maintenance standards
6 Maintenance and inspection program
7 Corrective actions
8 Notice of defect
Trip Inspection Requirements
9 Definitions
10 Daily trip inspection requirements
11 Under‑vehicle trip inspection requirements
12 Trip inspection report
13 Distribution and retention of reports
14 Report of defects
15 Defects observed during operation
16 Requirements to repair or correct
Cargo Securement Requirements
17 Cargo securement requirements
School Bus Operation Requirements
18 Compliance with standards
19 Limitation on use of school bus
20 Requirements for other use of school bus
21 Vehicle no longer used as a school bus
22 Alteration of school bus
23 Prohibitions
24 Fuelling
25 Use of tobacco, etc.
26 Embarking and disembarking students
27 Application of crossing arm outside of urban area
28 Application of crossing arm inside urban area
29 Standing, etc., in school bus
30 Leaving school bus
Driveaway or Towaway Requirements
31 Driveaway or towaway requirements
Transportation of Anhydrous Ammonia Requirements
32 Transportation of anhydrous ammonia and other fertilizers
33 Brakes on trailer
34 Brakes on trailers not required
35 Farm wagon trailer
36 Self‑propelled floater implement of husbandry
Records
37 Records
38 Retention of records
39 Interference with records
Administration 40 Exemption by Registrar
41 Notice of administrative penalty
42 Determination of penalty amount
43 Limitation period
44 Offences
Transitional Provisions, Consequential Amendments, Repeals, Expiry and Coming into Force
45 Transitional provisions
46‑48 Consequential amendments
49 Repeals
50 Expiry
51 Coming into force
Schedules Appendix
Interpretation
Definitions
1(1) In this Regulation,
(a) “Act” means the Traffic Safety Act;
(b) “bus” means a bus as defined in section 130(1)(a) of the Act;
(c) “carrier” means a carrier as defined in section 130(1)(b) of the Act;
(d) “handi‑bus” means a handi‑bus as defined in the Vehicle Inspection Regulation (AR 211/2006);
(e) “motor coach” means a bus of monocoque design manufactured with underfloor baggage storage, but does not include a transit bus;
(f) “notice of defect” means a notice issued by a manufacturer, distributor or importer of a vehicle as prescribed by the Motor Vehicle Safety Act (Canada);
(g) “owner” means owner as defined in section 1(1)(ee) of the Act;
(h) “principal place of business” means a principal place of business of a carrier as defined in the Drivers’ Hours of Service Regulation (AR 317/2002);
(i) “school” means
(i) a charter school as defined in section 1(1)(c) of the School Act, or
(ii) a school as defined in section 1(1)(y)(i), (ii) or (iii) of the School Act;
(j) “school board” means
(i) a board as defined in section 1(1)(b) of the School Act, or
(ii) a person or organization that operates a private school as defined in section 1(1)(s) of the School Act;
(k) “school bus” means a bus that meets the requirements of a Type A1, A2, B, C or D school bus described in CSA Standard D250‑2012 and that is used primarily to transport students to and from a school;
(l) “student” means a student as defined in section 1(1)(gg) of the School Act;
(m) “transit bus” means a transit bus as defined in the Vehicle Inspection Regulation (AR 211/2006).
(2) In this Regulation, “retrofit” and “retrofitted” do not include the replacement or addition of parts or equipment to rectify a defect in a vehicle in respect of which a manufacturer has issued a recall.
AR 121/2009 s1;78/2013
General Standards
Adoption of standards
2 The following standards are adopted and apply to commercial vehicles under this Regulation:
(a) Canadian Standards Association Standard CAN/CSA B651, referred to as CAN/CSA B651, as it applies to signs and accessibility symbols;
(b) Canadian Standards Association Standard D250‑2012, referred to as CSA D250‑2012, as it applies to school buses;
(c) Canadian Standards Association Standard Z605, referred to as CSA Z605, as it applies to mobility aids and MASOR systems;
(d) Canada Motor Vehicle Safety Standard 209 Seat Belt Assemblies, referred to as CMVSS 209, as it applies to seat belt assemblies;
(e) Canada Motor Vehicle Safety Standard 210 Seat Belt Assembly Anchorages, referred to as CMVSS 210, as it applies to seat belt assembly anchorages;
(f) National Safety Code for Motor Carriers Standard 10 (Cargo Securement), referred to as NSC Standard 10, made by the Canadian Council of Motor Transport Administrators and dated September 23, 2004, section 1 (Interpretation) and Parts 1 to 4;
(g) National Safety Code for Motor Carriers Standard 13, Part 2 (Trip Inspection), made by the Canadian Council of Motor Transport Administrators, referred to as NSC Standard 13, as follows:
(i) Schedule 1 (Truck, Tractor and Trailer),
(ii) Schedule 2 (Bus),
(iii) Schedule 3 (Motor Coach ‑ Daily),
(iv) Schedule 4 (Motor Coach ‑ 30 Days or 12 000 Kilometres);
(h) Society of Automotive Engineers Standard J774, referred to as SAE J774, as it applies to emergency warning devices;
(i) Society of Automotive Engineers Standard J941, referred to as SAE J941, as it applies to visibility standards for school bus drivers;
(j) Underwriters’ Laboratory of Canada Standard CAN‑ULC‑S508‑M, referred to as CAN‑ULC‑S508‑M, as it applies to rating and testing of fire extinguishers.
AR 121/2009 s2;78/2013
Prohibition
Operating an unsafe vehicle
3 In addition to any other requirements of this Regulation and the Schedules to this Regulation, a person shall not operate or permit another person to operate a commercial vehicle on a highway if the commercial vehicle or any equipment pertaining to the commercial vehicle is in a condition that is likely to cause danger to persons or property.
Compliance with Safety Standards
Compliance with safety standards
4(1) Unless otherwise provided in this Regulation or a Schedule to this Regulation, a person shall not operate or permit another person to operate a commercial vehicle on a highway unless the commercial vehicle complies with the safety standards set out in Schedule 1.
(2) A person shall not modify, retrofit or otherwise equip a commercial vehicle in such a way or to such an extent that it no longer complies with the applicable standards referred to in this section and in section 5.
(3) Subsection (2) and the provisions of Schedule 1 shall not be construed so as to require a school bus to be retrofitted with any equipment if that equipment was not originally included in that bus when it was manufactured, as long as the bus conformed with the version of CSA D250 applicable at the time of manufacture.
Compliance with Maintenance Standards
Compliance with maintenance standards
5(1) In this section and in section 6 and Schedule 2, “commercial vehicle” means
(a) a commercial vehicle or a combination of commercial vehicles that is registered for a gross weight of more than 4500 kilograms and that is not a bus, or
(b) a bus.
(2) Unless otherwise provided in this section or in Schedule 2, a person shall not operate or permit another person to operate a commercial vehicle on a highway unless the commercial vehicle complies with the standards
(a) prescribed in Schedule 2,
(b) prescribed under the Vehicle Equipment Regulation, and
(c) required under
(i) the Motor Vehicle Safety Act (Canada), and
(ii) the Motor Vehicle Safety Regulations (Canada) applicable at the time of manufacture of the vehicle.
(3) In addition to the requirements of subsection (2), a person shall not operate or permit another person to operate a bus that is equipped to transport persons with physical disabilities on a highway unless the vehicle complies with the standards prescribed in Schedule 3.
(4) In addition to the requirements of subsections (2) and (3), a person shall not operate or permit another person to operate a handi‑bus on a highway unless the vehicle complies with the standards prescribed in Schedule 4.
(5) In addition to the requirements of subsection (2), a person shall not operate or permit another person to operate a school bus on a highway unless the vehicle complies with the standards prescribed in
(a) Schedule 5, and
(b) the requirements of
(i) CSA Standard D250‑2012, or
(ii) a version of CSA D250 adopted by the Canadian Standards Association subsequent to CSA D250‑2012.
(6) Despite subsections (2), (3), (4) and (5), if the manufacturer of a commercial vehicle constructs a vehicle to standards that are different from any of the requirements under subsection (2), (3), (4) or (5), as the case may be, a person shall not operate or permit another person to operate that vehicle on a highway unless that vehicle is maintained to those different standards.
(7) Subsection (4) does not apply to a handi‑bus that was purchased or first used as a handi‑bus before September 1, 1999.
(8) Subsections (1) to (5) and the provisions of Schedules 2 to 5 shall not be construed so as to require a school bus to be retrofitted with any equipment if that equipment was not originally included in that bus when it was manufactured, as long as the bus conformed with the version of CSA D250 applicable at the time of manufacture.
AR 121/2009 s5;78/2013
Maintenance and inspection program
6(1) A carrier shall prepare and carry out a maintenance and inspection program that pertains to the carrier’s commercial vehicle.
(2) Despite subsection (1), the Registrar may require an owner of a commercial vehicle or a combination of commercial vehicles who is not a carrier to comply with the requirements of subsection (1).
(3) A maintenance and inspection program under subsection (1) must be in writing and provide for a continuous and regular program for the inspection, maintenance and repair of the carrier’s commercial vehicle according to the following requirements, as applicable:
(a) this section and Schedules 2, 3, 4 and 5;
(b) sections 10 and 11;
(c) the Vehicle Inspection Regulation (AR 211/2006).
(4) A carrier shall maintain a copy of the maintenance and inspection program prepared under subsection (1) in each location of the carrier where the maintenance and inspection of the carrier’s commercial vehicles are carried out, and shall ensure that the copy is readily accessible to the employees of the carriers who carry out the maintenance and inspection program.
(5) Unless otherwise authorized by the Registrar, in addition to the requirements of subsection (4), a copy of the maintenance and inspection program prepared under subsection (1) must also be maintained at the carrier’s principal place of business.
Corrective actions
7 When a commercial vehicle requires repair in order to comply with section 5(2), (3), (4), (5) or (6),
(a) the replacement parts used in the repair of that vehicle
(i) must be designed for the particular application for which they are used,
(ii) must be in proper working condition, and
(iii) must be properly installed,
and
(b) the repair must be completed in a manner so as to ensure the safe operation of the vehicle.
Notice of defect
8 When an owner or a carrier receives a notice of a defect in respect of one of the owner’s or carrier’s commercial vehicles, the owner or carrier shall immediately
(a) repair or otherwise modify the vehicle, or cause it to be repaired or modified, in accordance with instructions provided by the manufacturer in the notice, or
(b) if instructions are not given by the manufacturer, repair or otherwise modify the vehicle as necessary to correct the defect.
Trip Inspection Requirements
Definitions
9 In this section and sections 10 to 16,
(a) “daily trip inspection” means a daily trip inspection conducted under this Regulation and includes
(i) a daily trip inspection of a truck, truck‑tractor or trailer conducted under section 10,
(ii) a daily trip inspection of a bus other than a motor coach conducted under section 10, and
(iii) a daily trip inspection of a motor coach conducted under section 10;
(b) “major defect” means the condition of an item specified as a major defect in Schedule 1, 2, 3 or 4 of NSC Standard 13, Part 2;
(c) “NSC Standard 13, Part 2” means NSC Standard 13, Part 2 adopted under section 2;
(d) “trailer” means a trailer as defined in the Commercial Vehicle Dimension and Weight Regulation (AR 315/2002);
(e) “trip inspection report” means a report prepared under section 12;
(f) “truck” means a truck as defined in the Commercial Vehicle Dimension and Weight Regulation (AR 315/2002);
(g) “truck‑tractor” means a truck designed primarily for drawing other vehicles and not constructed for carrying any load other than a part of the weight of the vehicle and load drawn, and includes a tractor as referred to in NSC Standard 13 or a vehicle designed to accept a fifth wheel coupling, but does not include a crane‑equipped breakdown vehicle;
(h) “under‑vehicle trip inspection” means a 30‑day or 12 000 kilometre trip inspection of a motor coach conducted under section 11;
(i) “vehicle identification number” means a number or a mark referred to in section 2(a), (b) or (c) of Schedule 1.
Daily trip inspection requirements
10(1) In this section, “commercial vehicle” means
(a) a commercial vehicle or a combination of commercial vehicles that has a registered gross weight of more than, or that weighs more than, 4500 kilograms and that is not a bus, or
(b) a bus.
(2) Unless otherwise provided in this Regulation, an owner or a carrier shall not permit a driver to drive, and a driver shall not drive, a commercial vehicle unless
(a) the commercial vehicle has been inspected in accordance with the daily trip inspection requirements set out in this section, and
(b) no major defect was detected in the vehicle during the daily trip inspection referred to in clause (a).
(3) A daily trip inspection is valid for 24 hours from the time recorded in the trip inspection report.
(4) Subject to subsection (10), the driver, the owner, the carrier or the person authorized by the carrier or the owner to conduct a daily trip inspection under this section shall inspect the operating condition,
(a) with respect to a truck, truck‑tractor or trailer, of the items specified in Schedule 1 of NSC Standard 13, Part 2, and
(b) with respect to a bus, of the items specified in Schedule 2 of NSC Standard 13, Part 2.
(5) Despite subsection (4)(b) but subject to subsection (10) and section 11, the carrier or the person authorized by the carrier of a commercial vehicle to conduct a daily trip inspection under this section may, with respect to a bus that is a motor coach, inspect the operating condition of the items specified in Schedule 3 of NSC Standard 13, Part 2.
(6) Subsection (2) does not apply to a commercial vehicle that is engaged in the transportation of goods or passengers for the purpose of providing immediate relief in the case of a natural disaster or disaster caused by human intervention.
(7) The carrier or the owner of a commercial vehicle may authorize a person to conduct daily trip inspections of the commercial vehicle and to prepare trip inspection reports concerning the commercial vehicle under this section.
(8) If a driver or a person authorized by the owner to conduct a trip inspection under this section believes or suspects that there is a safety defect in a commercial vehicle inspected under this section, the driver or the person authorized by the owner shall report the defect to the owner of the commercial vehicle
(a) without delay if the defect is a major defect, or
(b) in a timely manner, and not later than the next required daily trip inspection, in all other cases.
(9) A carrier shall ensure that a copy of the Schedule referred to in subsection (4)(a) or (b) that is applicable to the commercial vehicle, including any modifications made to the Schedule in accordance with subsection (10), is located in the vehicle.
(10) A carrier may modify the Schedule applicable to the commercial vehicle by
(a) including in the Schedule additional information or items to be inspected,
(b) deleting a portion of the Schedule respecting the inspection of a specific component of the vehicle if the vehicle to be inspected under that Schedule is not required to have and does not have that component, or
(c) both including the information or items specified in clause (a) and deleting the portions specified in clause (b).
(11) A driver shall, on the request of a peace officer, produce to the peace officer for inspection the Schedule required under subsection (9) to be located in the vehicle.
Under‑vehicle trip inspection requirements
11(1) Where a bus that is a motor coach has been inspected under section 10(5), unless otherwise provided in this Regulation, a carrier shall not permit a driver to drive, and a driver shall not drive, the motor coach unless
(a) the motor coach has also been inspected in accordance with the under‑vehicle trip inspection requirements of this section, and
(b) no major defect was detected in the motor coach during the under‑vehicle trip inspection.
(2) The under‑vehicle trip inspection referred to in subsection (1) is valid
(a) for 30 days, or
(b) until the day on which the motor coach has travelled 12 000 kilometres after the under‑vehicle trip inspection,
whichever occurs first.
(3) The person authorized by the carrier of a motor coach to conduct an under‑vehicle trip inspection under this section shall inspect the operating condition of the items specified in Schedule 4 of NSC Standard 13, Part 2.
(4) The under‑vehicle trip inspection referred to in subsection (1) must be conducted
(a) while the motor coach is positioned over a pit or raised in a manner that provides adequate access to all of the items subject to the inspection, and
(b) by a person who holds a subsisting Heavy Equipment Technician trade certificate under the Apprenticeship and Industry Training Act, or a person meeting the requirements specified by the Registrar.
(5) Subsection (1) does not apply to a motor coach that is engaged in the transportation of goods or passengers for the purpose of providing immediate relief in the case of a natural disaster or disaster caused by human intervention.
(6) A carrier may authorize a person to conduct under‑vehicle trip inspections of a motor coach and to prepare under‑vehicle trip inspection reports concerning the motor coach under this section.
Trip inspection report
12(1) In this section
(a) and in sections 13 to 16, “commercial vehicle” means a commercial vehicle referred to in section 2 or 19 of the Commercial Vehicle Certificate and Insurance Regulation (AR 314/2002) that requires a safety fitness certificate or the equivalent authorization issued by a government or government agency in the jurisdiction in which the commercial vehicle is registered;
(b) and in section 13, “home terminal” means a home terminal as defined in the Drivers’ Hours of Service Regulation (AR 317/2002).
(2) A carrier shall require every driver employed or otherwise engaged by the carrier, or a person authorized by the carrier under section 10(7) or 11(6), to prepare a trip inspection report in accordance with this section.
(3) The driver or the person authorized by the carrier under section 10(7) or 11(6) shall prepare, for each commercial vehicle driven, the trip inspection report
(a) in a legible written format, or
(b) in a legible electronic format acceptable to the Registrar.
(4) The trip inspection report must
(a) state the licence plate number, the commercial vehicle identification number or unit number of the commercial vehicle,
(b) record the odometer or hubometer reading of the commercial vehicle at the time of the inspection,
(c) state the name of the carrier operating the commercial vehicle,
(d) state the name of the municipality or location on the highway where the commercial vehicle was inspected,
(e) indicate
(i) each defect in the operation of every item required to be inspected in accordance with section 10 or 11, as the case may be, or
(ii) that no defect was detected,
(f) state the time and date that the report is made,
(g) state the name of the person who inspected the commercial vehicle and include a statement signed by that person stating that the commercial vehicle has been inspected in accordance with the applicable requirements under section 10 or 11, as the case may be,
(h) contain the name and signature of the driver or the person making the report, and
(i) in the case of a trip inspection under section 11,
(i) record the brake adjustment measurement,
(ii) indicate the nature of all repairs carried out to rectify defects determined during the inspection, and
(iii) state the trade certificate number of the Heavy Equipment Technician that conducted the inspection.
(5) No carrier shall permit a driver to drive, and no driver shall drive, a commercial vehicle unless the driver has the trip inspection report of a valid inspection conducted under section 10(7) or 11(6) pertaining to that commercial vehicle in that driver’s possession.
(6) A driver shall, on the request of a peace officer, produce to the peace officer for inspection the trip inspection report prepared under this section or a written document under section 15.
(7) Despite subsections (2), (5) and (6), a driver, other than the driver of a school bus, is not required to prepare a trip inspection report under this section if
(a) the driver operates or is instructed by the carrier to operate a commercial vehicle within a radius of 160 kilometres of the home terminal,
(b) a driver returns to the home terminal each day to begin a minimum of 8 consecutive hours off‑duty time, and
(c) the driver is not driving under a permit issued relating to the Drivers’ Hours of Service Regulation (AR 317/2002).
(8) Subsection (7) is repealed on January 1, 2010.
Distribution and retention of reports
13(1) A driver shall, within 20 days after the completion of a trip inspection report, forward the original of the report to the home terminal of the carrier who is responsible for the commercial vehicle.
(2) A carrier shall
(a) ensure that the driver forwards the original of the trip inspection report as required under subsection (1),
(b) deposit the original of the trip inspection report at its principal place of business within 30 days of receiving it, and
(c) keep each original of the trip inspection report in chronological order for each vehicle for at least 6 months after receiving it.
Report of defects
14 If the driver or the person authorized by the carrier to prepare a trip inspection report under section 10(7) or 11(6) believes or suspects there is a safety defect in the commercial vehicle that was inspected under section 10(4) and (5) or 11(3) and (4), the driver or the person authorized by the carrier shall report the defect to the carrier
(a) without delay if the defect is a major defect, or
(b) in a timely manner, and not later than the next required daily trip inspection, in all other cases.
Defects observed during operation
15 Regardless of whether or not a trip inspection report is required under section 12, if a driver observes any safety defects specified in Schedule 1, 2, 3 or 4 of NSC Standard 13, as the case may be, in the commercial vehicle while driving the vehicle, the driver shall record the safety defects in the trip inspection report or otherwise in a written document and report that defect to the carrier responsible for the vehicle, as the case may be,
(a) without delay if the defect is a major defect, or
(b) in a timely manner, and not later than the next required daily trip inspection, in all other cases.
Requirements to repair or correct
16 A carrier or a person authorized by the carrier under section 10(7) or 11(6) shall not permit a driver to drive, and a driver shall not drive, a commercial vehicle unless, before doing so, the carrier or the person has
(a) repaired or corrected any major defect listed on the trip inspection report or the written document referred to in section 12 or 15, as the case may be, and certified on the report that the defect has been repaired or corrected, or
(b) certified on the report that repair or correction is unnecessary.
Cargo Securement Requirements
Cargo securement requirements
17(1) In this section,
(a) “commercial vehicle” means a commercial vehicle or a combination of commercial vehicles that is registered for a gross weight of more than, or that weighs more than, 4500 kilograms and that is not a bus;
(b) “NSC Standard 10” means NSC Standard 10 adopted under section 2.
(2) The vehicles referred to in NSC Standard 10 are deemed to be commercial vehicles as defined in subsection (1)(a).
(3) A carrier or an owner of a commercial vehicle shall not permit a driver to operate, and a driver shall not operate, a commercial vehicle where the cargo transported in or on the commercial vehicle is not contained, immobilized or secured in accordance with NSC Standard 10 as it relates to the particular type of commercial vehicle.
(4) A driver, a carrier or an owner of a commercial vehicle shall ensure that cargo transported by a commercial vehicle is contained, immobilized or secured so that it cannot
(a) leak, spill, blow off, fall from, fall through or otherwise be dislodged from the commercial vehicle, or
(b) shift upon or within the commercial vehicle to such an extent that the commercial vehicle’s stability or manoeuvrability is adversely affected.
(5) The provisions of sections 10 and 22 of NSC Standard 10 do not apply to a commercial vehicle that is registered as a Class 2 commercial vehicle under section 77(1)(b) and (2)(g) of the Operator Licensing and Vehicle Control Regulation (AR 320/2002), or a commercial vehicle that is operated under contract with a farmer for the purpose of hauling hay, used either singly or in combination with one or more trailers, when it is transporting stacks or round or rectangular bales of hay or straw within a 50‑kilometre radius of the load’s place of origin if
(a) the vehicle while transporting the load does not exceed
(i) the posted speed limit, where the posted speed limit is lower than 80 kilometres per hour, or
(ii) 80 kilometres per hour, where the posted speed limit is 80 kilometres per hour or higher,
and
(b) the vehicle is not operated on any highway or portion of a highway listed in Schedule 7 except to cross the highway.
School Bus Operation Requirements
Compliance with standards
18 Unless otherwise provided in this Regulation, a person shall not operate or permit a person to operate a school bus on a highway unless the bus complies with the standards prescribed in
(a) the Act,
(b) Schedule 5, and
(c) any other applicable regulations under the Act.
Limitation on use of school bus
19(1) Subject to subsection (3), section 52 of the School Act and the Student Transportation Regulation (AR 250/98), a school board shall use only a school bus to transport students to or from a school.
(2) In addition to subsection (1), a school board may use a school bus to
(a) transport students, and other persons authorized in writing by the school board, to or from extracurricular activities of the school if
(i) the trip has been authorized in writing by the school principal, and
(ii) the driver of the school bus has in the driver’s possession on the bus documents evidencing the approval referred to in subclause (i),
(b) transport an employee of the school board who, in the course of the carrying out of the employee’s duties, must travel on the school bus to accompany a student, if the transporting of that employee is approved by the school board, and
(c) transport a preschool child who accompanies the child’s parent or guardian while the parent or guardian is driving or being transported in the school bus if,
(i) before the preschool child is so transported, the school board has given its written approval setting out the times and conditions, if any, under which the preschool child may be transported,
(ii) the child is secured in a child restraint system that meets the requirements of the Vehicle Equipment Regulation, and
(iii) the child does not occupy a seat required by a student who is transported on the bus.
(3) Despite subsection (2), a school board may use a multi‑functional activity bus to transport a student for a trip other than that between the school and the residence of the student.
(4) In subsection (3), “multi‑functional activity bus” means a bus that meets the requirements of a school bus under this Regulation except for the following requirements:
(a) alternating flashing warning lamps in accordance with section 17 of Schedule 5;
(b) a stop arm in accordance with section 27 of Schedule 5;
(c) a crossing arm in accordance with section 28 of Schedule 5;
(d) a school bus sign in accordance with section 15 of Schedule 5;
(e) the colour requirements for a school bus in accordance with sections 2 and 8 of Schedule 5.
(5) Where a school bus becomes temporarily disabled, another school bus may be temporarily substituted for it.
(6) The certificate of registration and the licence plates for the disabled school bus must be carried in the cab of the substitute school bus at all times during which the substitute school bus is being used in that capacity.
(7) If the substitution referred to in subsection (5) is required for a period in excess of 7 days, the registered owner of the disabled school bus shall notify the Registrar of the substitution, and the Registrar may issue a permit for the substitute school bus for the period required.
Requirements for other use of school bus
20(1) If a school board or a person uses a school bus for a purpose not specified in section 19, the school board or the person, as the case may be,
(a) shall, in addition to any other applicable provisions under the Commercial Vehicle Certificate and Insurance Regulation (AR 314/2002), meet the operating authority certificate requirements of that Regulation, and
(b) shall not use the bus at the same time for a purpose under section 19.
(2) Nothing in this section shall be construed so as to prevent a school bus from being operated for the purposes
(a) of having it inspected, repaired or serviced, or
(b) of moving it from one location to another location unless the bus is used for a purpose under section 19.
Vehicle no longer used as a school bus
21 When a school bus is no longer to be used for a purpose under section 19, the owner of the bus shall
(a) remove or cover all signs on the bus that make reference to the fact that the vehicle is a school bus, and
(b) remove the alternating flashing warning lamps and stop arm required under the Vehicle Equipment Regulation.
Alteration of school bus
22(1) No person shall change, reconstruct or modify the body or seating capacity of a school bus without the written approval of the Registrar.
(2) The Registrar may include any terms and conditions the Registrar considers appropriate in an approval granted under subsection (1).
Prohibitions
23(1) In this section, “guide dog” means a guide dog as defined in the Blind Persons’ Rights Act.
(2) When a school bus is used for a purpose under section 19, no person shall convey in or on the school bus
(a) animals,
(b) firearms,
(c) explosives,
(d) combustible materials or substances, or
(e) anything
(i) of a dangerous or objectionable nature, or
(ii) that might endanger the lives or safety of persons in the bus.
(3) Subsection (2)(a) does not apply if
(a) the animal is a guide dog accompanying a person with a physical disability, and
(b) while the bus is in motion, the guide dog sits or lies on the floor under or in front of a passenger’s seat without blocking or otherwise obstructing the aisle of the bus.
Fuelling
24 When a school bus is used for a purpose under section 19, the driver of the school bus shall not allow any person, other than the driver, in the bus when fuel is put into the fuel tank of the bus.
Use of tobacco, etc.
25(1) When a school bus is used for a purpose under section 19, no person in the school bus shall
(a) consume alcohol or a drug that is a controlled substance under the Controlled Drugs and Substances Act (Canada),
(b) be impaired by alcohol or a drug that is a controlled substance under the Controlled Drugs and Substances Act (Canada), or
(c) smoke or use tobacco in any manner.
(2) When a school bus is used for a purpose under section 19, the driver of the school bus shall ensure that no person in the school bus is
(a) consuming alcohol or a drug that is a controlled substance under the Controlled Drugs and Substances Act (Canada),
(b) impaired by alcohol or a drug that is a controlled substance under the Controlled Drugs and Substances Act (Canada), or
(c) smoking or using tobacco in any manner.
Embarking and disembarking students
26(1) The driver of a school bus shall not embark or disembark students onto or from a school bus unless
(a) it is at a time and a place that is safe to do so, and
(b) where applicable, it is in compliance with section 43 of the Use of Highway and Rules of the Road Regulation (AR 304/2002).
(2) When the driver of a school bus disembarks a student from the school bus, the driver shall not move the school bus after the disembarking until the student is observed by the driver to have reached a place that is safe from the traffic.
Application of crossing arm outside of urban area
27 Where a student must cross a highway outside of an urban area before embarking onto or after disembarking from a school bus, the driver of the school bus shall, as far as practicable, direct the student to cross the highway in front of the crossing arm of the school bus with the crossing arm in its open position.
Application of crossing arm inside urban area
28(1) Subject to subsection (2), where a student must cross a highway inside an urban area before embarking onto or after disembarking from a school bus, the driver of the school bus shall, as far as practicable, direct the student to cross the highway in front of the crossing arm of the school bus with the crossing arm in its open position or at a crosswalk.
(2) Where a student must cross a highway inside an urban area before embarking onto or after disembarking from a school bus, the driver of the school bus shall, as far as practicable, direct the student to cross the highway at a crosswalk if the council of the urban area has enacted a bylaw that prohibits the school bus from using
(a) a crossing arm,
(b) a stop arm, or
(c) alternating flashing warning lamps.
Standing, etc., in school bus
29 When a school bus is used for a purpose under section 19, no person shall
(a) stand in the school bus,
(b) get up from that person’s seat in the school bus, or
(c) embark onto or disembark from the school bus while the school bus is in motion.
Leaving school bus
30 When a school bus is used for a purpose under section 19, the driver of the school bus shall not leave the school bus unless
(a) the engine and ignition are turned off,
(b) the ignition key is removed, and
(c) the parking brake is set.
Driveaway or Towaway Requirements
Driveaway or towaway requirements
31(1) In this section and in Schedule 6,
(a) “driveaway or towaway operation” means an operation in which a commercial vehicle transports one or more motor vehicles by towing them in circumstances under which at least one set of wheels of the towed motor vehicles is in contact with the highway during transportation;
(b) “towed vehicle” means a motor vehicle being towed by a commercial vehicle;
(c) “towing vehicle” means a commercial vehicle towing a motor vehicle.
(2) Unless otherwise provided in this section or in Schedule 6, a person shall not operate or allow another person to operate the towing vehicle in a driveaway or towaway operation unless the towing vehicle, the towed vehicle and related equipment used in the operation comply with Schedule 6.
(3) Subsection (2) does not apply to
(a) a tow truck that is engaged in the recovery of a vehicle, or
(b) a vehicle towing a temporarily disabled vehicle to a place of repair.
Transportation of Anhydrous Ammonia Requirements
Transportation of anhydrous ammonia and other fertilizers
32(1) In this section and sections 33 to 36,
(a) “applicator” means an implement of husbandry without motive power
(i) that is specially designed for the field application of anhydrous ammonia, and
(ii) on which an applicator tank is mounted;
(b) “applicator tank” means a container that
(i) has a water capacity of not more than 10 000 litres, and
(ii) is mounted on an implement of husbandry;
(c) “container” means a means of containment as defined in the Dangerous Goods Transportation and Handling Act that contains anhydrous ammonia;
(d) “daytime” means daytime as defined in the Use of Highway and Rules of the Road Regulation (AR 304/2002);
(e) “dry spreader trailer” means a hopper‑type trailer that is designed to transport and apply granular fertilizer;
(f) “farm wagon trailer” means an implement of husbandry without motive power
(i) on which a container is mounted,
(ii) that is designed to be towed by another vehicle,
(iii) that has a set of axles or a trailer converter dolly located at or near the front end and that has a set of axles at or near the rear end, and
(iv) that primarily carries its weight and any load on its axles and, if a trailer converter dolly is used, on the dolly;
(g) “implement of husbandry” means an implement of husbandry as defined in the Use of Highway and Rules of the Road Regulation (AR 304/2002);
(h) “self‑propelled floater implement of husbandry” means a motor vehicle that is designed, adapted or modified exclusively for the field application of fertilizers.
(2) Unless otherwise provided in this Regulation, a person shall not transport or permit another person to transport anhydrous ammonia or other fertilizers in or on a commercial vehicle or an implement of husbandry unless the vehicle or the implement complies with the standards prescribed in this Regulation.
Brakes on trailer
33(1) Subject to sections 34 and 35, no person shall tow an applicator, farm wagon trailer or dry spreader trailer unless the applicator, farm wagon trailer or dry spreader trailer is equipped with brakes in accordance with the brake requirements in Schedule 2 and of the Vehicle Equipment Regulation.
(2) In addition to subsection (1), any required brakes on an applicator, farm wagon trailer or dry spreader trailer must comply with all applicable provisions in sections 10 to 16 of Schedule 2.
Brakes on trailers not required
34(1) An applicator or a farm wagon trailer may be towed without the applicator or farm wagon trailer being equipped with brakes if
(a) the applicator or farm wagon trailer has a gross trailer weight that is
(i) 2300 kilograms or less and it is being towed by a motor vehicle that has a manufacturer’s gross vehicle weight rating of at least 2700 kilograms,
(ii) more than 2300 kilograms but not greater than 3100 kilograms and it is being towed by a motor vehicle that has a manufacturer’s gross vehicle weight rating of at least 3600 kilograms,
(iii) more than 3100 kilograms but not greater than 3900 kilograms and it is being towed by a motor vehicle that has a manufacturer’s gross vehicle weight rating of at least 4500 kilograms,
(iv) more than 3900 kilograms but not greater than 4300 kilograms and it is being towed by a motor vehicle that has a manufacturer’s gross vehicle weight rating of at least 6800 kilograms,
(v) more than 4300 kilograms but not more than 5100 kilograms and it is being towed by a motor vehicle that has a manufacturer’s gross vehicle weight rating of at least 10 000 kilograms, or
(vi) more than 5100 kilograms but not more than 5900 kilograms and it is being towed by a motor vehicle that has a manufacturer’s gross vehicle weight rating of at least 13 600 kilograms,
and
(b) in the case of an applicator, the applicator and its towing vehicle travel at a speed not exceeding 65 kilometres per hour.
(2) A dry spreader trailer may be towed without the trailer being equipped with brakes if the trailer has a gross trailer weight that is
(a) 5000 kilograms or less,
(b) more than 5000 kilograms but not more than 5100 kilograms and it is being towed by a motor vehicle that has a manufacturer’s gross vehicle weight rating of at least 10 000 kilograms, or
(c) more than 5100 kilograms but not more than 5900 kilograms and it is being towed by a motor vehicle that has a manufacturer’s gross vehicle weight rating of at least 13 600 kilograms.
Farm wagon trailer
35(1) Subject to subsection (2), no person shall tow a farm wagon trailer or dry spreader trailer without brakes unless the towing vehicle has a manufacturer’s gross vehicle weight rating of at least 2700 kilograms.
(2) No person shall tow a farm wagon trailer or dry spreader trailer equipped without brakes if,
(a) in the case of a farm wagon trailer, the container mounted on the trailer has a capacity of 4900 litres or more, or
(b) in the case of a dry spreader trailer, the trailer has a capacity in excess of 7300 kilograms
unless the manufacturer’s gross vehicle weight rating of the towing vehicle is equal to or greater than the gross trailer weight.
(3) The operator of a vehicle towing a farm wagon trailer or a dry spreader trailer shall
(a) not travel at a speed that is in excess of 40 kilometres per hour,
(b) ensure that the front of the container or the trailer bears the words “Maximum Speed 40 kilometres per hour” in red lettering with at least a 6 millimetre stroke and at least 50 millimetres in height, and
(c) travel during daytime only.
Self‑propelled floater implement of husbandry
36 No person shall operate a self‑propelled floater implement of husbandry on a paved highway at any time during which the implement is carrying a load.
Records
Records
37(1) In this section and section 38, “carrier” includes a carrier subject to section 6(1) or a person subject to section 6(2).
(2) A carrier shall maintain, or cause to be maintained, the following records pertaining to each commercial vehicle used in the carrier’s business:
(a) an identification of the vehicle, including
(i) a unit number, the manufacturer’s serial number or a similar identifying mark,
(ii) the make of the vehicle, and
(iii) the year of manufacture;
(b) a record of the inspection of the vehicle under the Vehicle Inspection Regulation (AR 211/2006), and repairs, lubrication and maintenance for the vehicle, including
(i) the nature of the inspection or work performed on the vehicle, and
(ii) the date on which that inspection or work took place and the odometer or hubometer reading on the vehicle at that time;
(c) notices of defect received from the vehicle manufacturer and the corrective work done on the vehicle in relation to those notices;
(d) trip inspection reports prepared under section 12.
(3) Unless otherwise authorized by the Registrar, a carrier shall maintain, or cause to be maintained, the records referred to in subsection (2) at the carrier’s principal place of business.
(4) The carrier shall ensure that the records required to be maintained under this section are true, accurate and legible.
Retention of records
38(1) Subject to subsection (2), the records referred to in section 37(2) shall be retained by the carrier,
(a) except for the records under section 37(2)(d), for the current calendar year and the 4 calendar years immediately preceding, and
(b) in the case of the records under section 37(2)(d), for the current month and the 6 months immediately preceding.
(2) Despite subsection (1), when a commercial vehicle is permanently retired from use in business by the carrier or is otherwise disposed of, records kept in respect of that vehicle shall be retained for a period of 6 months from the date that the vehicle was retired or disposed of.
Interference with records
39 No person shall destroy, mutilate, deface, falsify or alter any of the records required to be maintained under section 37 or retained under section 38.
Administration
Exemption by Registrar
40(1) The Registrar may at any time exempt a person or vehicle from any of the requirements of this Regulation, subject to any terms and conditions the Registrar considers appropriate.
(2) The exemption under subsection (1) may be provided to a specific person or vehicle or to a class or group of persons or vehicles.
(3) A person to whom an exemption under subsection (1) is granted shall comply with the terms and conditions, if any, prescribed by the Registrar.
Notice of administrative penalty
41(1) A notice of an administrative penalty imposed under section 143 of the Act must contain the following information:
(a) the name of the person on whom the administrative penalty is imposed;
(b) the section of this Regulation or a Schedule to this Regulation the person has contravened or failed to comply with;
(c) a brief description of the nature of the contravention or failure to comply identified under clause (b);
(d) the amount of the administrative penalty imposed;
(e) whether the penalty is fixed or accumulates for each day or part of a day that the contravention or failure to comply occurs or continues;
(f) the date the notice of the administrative penalty is issued;
(g) the date by which the penalty must be paid, unless the penalty is an accumulating penalty;
(h) a statement describing the right of a person on whom the administrative penalty is imposed to appeal the administrative penalty to the Board, the addresses to which the appeal is to be sent, how the appeal is to be made and the date by which the appeal is to be made.
(2) The form of the notice of the administrative penalty, containing at least the information described in subsection (1), must be the form approved by the Registrar.
Determination of penalty amount
42(1) The Registrar is to determine the amount of the administrative penalty to be imposed on a person after considering the following factors and the considerations described in subsection (2):
(a) the seriousness of the contravention;
(b) whether a collision occurred or the danger that a collision could have occurred as a result of the contravention;
(c) any history of contraventions of this Regulation by the person on whom the administrative penalty is imposed;
(d) any other factor considered relevant by the Registrar.
(2) The Registrar is to be guided by the following considerations in making the determination referred to in subsection (1):
(a) the amount of the administrative penalty imposed should reflect the seriousness of the contravention;
(b) the greater the danger or possibility that a collision could have occurred, or the greater the degree of risk to people or property that did occur as a result of the contravention, or the fact that a collision did occur, the higher the penalty should be;
(c) the more times a person has previously been issued an administrative penalty, the higher the penalty should be;
(d) the greater the degree of wilfulness or neglect in the contravention, the higher the penalty should be;
(e) any other consideration determined relevant by the Registrar.
Limitation period
43 An administrative penalty may be imposed only within 6 months of the date the Registrar first becomes aware of the contravention of this Regulation in respect of which the administrative penalty is to be imposed.
Offences
44(1) A person who contravenes or fails to comply with any of the following sections is guilty of an offence:
section 3; section 4(1), (2); section 5(2), (3), (4), (5), (6); section 6(1), (2), (3), (4), (5); section 7; section 8; section 10(2), (4), (8), (9), (11); section 11(1), (3), (4); section 12(2), (3), (4), (5), (6); section 13(1), (2); section 14; section 15; section 16; section 17(3), (4); section 18; section 19(1), (6), (7); section 20(1); section 21; section 22(1); section 23(2); section 24; section 25(1), (2); section 26(1), (2); section 27; section 28(1), (2); section 29; section 30; section 31(2); section 32(2); section 33(1), (2); section 35(1), (2), (3); section 36; section 37(2), (3), (4); section 38(1), (2); section 39.
(2) For the purposes of section 4 of this Regulation, it is an offence to contravene or fail to comply with the following provisions of Schedule 1:
section 1(2), (4); section 2; section 3(2), (3); section 4(2), (3); section 5(1), (2); section 6(1), (2); section 7(1); section 8; section 9(1), (2), (3); section 10; section 11; section 12; section 13(1); section 14; section 15(1), (2); section 16(1), (2); section 17(1), (2), (3), (4), (5).
(3) For the purposes of sections 5, 6 and 18 of this Regulation, it is an offence to contravene or fail to comply with the following provisions of Schedules 2, 3, 4 and 5:
(a) in Schedule 2:
section 1(1), (2); section 2; section 3; section 4; section 5(2); section 6; section 7(1), (2); section 8; section 9(2); section 10; section 11(2); section 12; section 13; section 14; section 15; section 16(2); section 17; section 18; section 19; section 20(2); section 21(2); section 22; section 23; section 24; section 25(1), (2); section 26; section 27; section 28(2), (3); section 29; section 30; section 31(1), (2); section 32; section 33;
(b) in Schedule 3:
section 1; section 2; section 3; section 4; section 5(1), (2); section 6; section 7; section 8; section 9(1), (2);
(c) in Schedule 4:
section 2; section 3(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11); section 4(1), (2), (3), (4), (5), (6), (7), (8), (9), (10); section 5; section 6; section 7; section 8; section 9; section 10; section 11; section 12; section 13; section 14(1), (2);
(d) in Schedule 5:
section 2(1), (3), (4); section 3(1), (2), (3); section 4(1), (2); section 5(1), (2); section 6(1), (2); section 7; section 8(1), (2); section 9(1), (2), (3), (4), (5), (6); section 10(1), (2), (3); section 11(1), (2), (3), (4); section 12(1), (2); section 13; section 14; section 15(1), (2), (3); section 16; section 17; section 18; section 19; section 20; section 21; section 22(1), (2); section 23(2), (3), (4); section 24; section 25(1), (2); section 26; section 27; section 28; section 29; section 30; section 31.
(4) For the purposes of section 31 of this Regulation, it is an offence to contravene or fail to comply with the following provisions of Schedule 6:
section 2; section 3(1), (2); section 4(1), (2); section 5; section 6; section 7; section 8; section 9; section 10(2), (3), (4); section 11(1), (2); section 12(1), (2); section 13(1), (2), (3); section 14(1), (2); section 15(1), (2).
(5) For the purposes of section 17(5)(b) of this Regulation, it is an offence to contravene or fail to comply with section 1 of Schedule 7.
Transitional Provisions, Consequential Amendments, Repeals, Expiry and Coming into Force
Transitional provisions
45(1) A maintenance and inspection program prepared by a carrier that met the requirements of
(a) section 5 of the Commercial Vehicle Maintenance Standards Regulation (AR 118/89),
(b) section 12 of the Commercial Bus Inspection, Equipment and Safety Regulation (AR 428/91), or
(c) section 7 of the Commercial Bus Equipment and Safety Regulation (AR 213/2006)
is deemed to be a maintenance program prepared under this Regulation.
(2) Any records that were created or maintained by a person under
(a) section 8 or 9 of the Commercial Vehicle Maintenance Standards Regulation (AR 118/89),
(b) section 4(1)(a), 15 or 16 of the Commercial Bus Inspection, Equipment and Safety Regulation (AR 428/91), or
(c) section 4 or 10 of the Commercial Bus Equipment and Safety Regulation (AR 213/2006)
are deemed to be records created and maintained under this Regulation.
Amends AR 314/2002
46(1) This section amends the Commercial Vehicle Certificate and Insurance Regulation (AR 314/2002).
(2) Section 4(1)(d) is amended by striking out “Commercial Vehicle Maintenance Standards Regulation (AR 118/89)” and substituting “Commercial Vehicle Safety Regulation”.
(3) Section 10(2)(a) is repealed and the following is substituted:
(a) is a school bus when it is used for a purpose under section 19 of the Commercial Vehicle Safety Regulation;
(4) Section 18 is repealed.
(5) Section 20(2)(d) is amended by striking out “Commercial Bus Equipment and Safety Regulation” and substituting “Commercial Vehicle Safety Regulation”.
(6) The following is added after section 26:
Passenger hazard insurance for school bus
26.1(1) Every school bus that is used for a purpose under section 19 of the Commercial Vehicle Safety Regulation must be covered by a policy of automobile insurance providing passenger hazard coverage in at least the following amounts:
(a) $200 000 for bodily injury or death of any one person as a result of any single accident;
(b) if the manufacturer’s seating capacity of the vehicle was originally designed for 15 passengers or fewer, including the driver, $500 000 for bodily injury or death of 2 or more persons as a result of any single accident;
(c) if the manufacturer’s seating capacity of the vehicle was originally designed for 16 passengers or more, including the driver, $1 000 000 for bodily injury or death of 2 or more persons as a result of any single accident.
(2) When requested to do so by the Registrar, the owner of the school bus must direct the insurer to file with the Registrar, as the case may be, evidence of the current policy referred to in subsection (1).
(3) Nothing in this section affects the obligations of a person under the Insurance Act.
(7) Section 40(1)(d) is amended by striking out “flags and flares,”.
(8) Section 43(1) is amended
(a) by striking out “Commercial Vehicle Maintenance Standards Regulation (AR 118/89) and Vehicle Inspection Regulation” and substituting “the Commercial Vehicle Safety Regulation”;
(b) in clause (b) by striking out “for at least 5 years from the date they are created, established or received” and substituting “for the current year in which they are created, established or received and the 4 calendar years immediately following”.
(9) Section 55 is amended by adding “section 26.1(1), (2);” after “section 26(1), (2);”.
Amends AR 315/2002
47(1) This section amends the Commercial Vehicle Dimension and Weight Regulation (AR 315/2002).
(2) Section 9(1)(a)(iii) is repealed.
(3) Section 13 is repealed and the following is substituted:
Licence of occupation road
13(1) In this section,
(a) “licence of occupation road” means a road held under a licence of occupation granted under the Dispositions and Fees Regulation (AR 54/2000);
(b) “roadway width” means the width of the travelled surface of a licence of occupation road as measured from shoulder to shoulder.
(2) In the case of a commercial vehicle operating on a licence of occupation road,
(a) sections 4 and 9 do not apply,
(b) subject to clause (c), sections 14, 15 and 16 apply to the same extent as if the commercial vehicle were being operated pursuant to an overdimensional permit, and
(c) sections 14, 15 and 16 do not apply if the commercial vehicle is carrying a load of logs.
(3) No person shall, on a licence of occupation road, operate a commercial vehicle used to carry logs when the front or rear bunk width of the vehicle exceeds that permitted for the roadway width as determined by the following table:
Roadway Width Maximum Bunk Width Front Rear (a) 6 metres or more but less than 7.3 metres 3.2 metres 2.6 metres (b) 7.3 metres or more but less than 9.1 metres 3.65 metres 3.05 metres (c) 9.1 metres or more 4.57 metres 3.96 metres
(4) Subsection (3) does not apply to an access road, to a landing or to a block.
(4) Section 19(2) is amended by striking out “operated under the Log Haul Regulation” and substituting “carrying a load of logs”.
(5) Section 21 is amended by adding “section 13(3);” after “section 12(4);”.
Amends AR 320/2002
48(1) This section amends the Operator Licensing and Vehicle Control Regulation (AR 320/2002).
(2) Section 78(b) is amended by striking out “School Bus Operation Regulation (AR 437/86)” and substituting “Commercial Vehicle Safety Regulation”.
(3) Section 105(c) and (d) are amended by striking out “School Bus Operation Regulation (AR 437/86)” and substituting “Commercial Vehicle Safety Regulation”.
(4) Section 106(5)(a) is amended by striking out “driveaway and towaway operation” and substituting “driveaway or towaway operation as defined in the Commercial Vehicle Safety Regulation”.
(5) Section 136(6) is amended by striking out “driveway‑towaway operation” and substituting “driveaway or towaway operation as defined in the Commercial Vehicle Safety Regulation”.
Repeals
49 The following regulations are repealed:
(a) Commercial Vehicle General Equipment and Safety Regulation (AR 435/86);
(b) Commercial Vehicle Maintenance Standards Regulation (AR 118/89);
(c) Commercial Bus Equipment and Safety Regulation (AR 213/2006);
(d) Bus Safety Regulation (AR 212/2006);
(e) School Bus Operation Regulation (AR 437/86);
(f) Driveaway and Towaway Regulation (AR 427/86);
(g) Transportation of Anhydrous Ammonia and Other Fertilizers Regulation (AR 436/86);
(h) Log Haul Regulation (AR 431/86);
(i) Cargo Securement Regulation (AR 1/2005).
Expiry
50 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on July 1, 2016.
Coming into force
51 This Regulation comes into force on July 1, 2009. Schedule 1
Commercial Vehicle Safety Standards
Proof of compliance
1(1) In this section, a Compliance Label includes a Final‑stage Manufacturer’s Compliance Label.
(2) A commercial vehicle shall not be operated unless the vehicle has attached to it
(a) a Compliance Label, and
(b) a National Safety Mark,
issued in accordance with the Motor Vehicle Safety Act (Canada) and the regulations under that Act.
(3) Despite subsection (2), if a commercial vehicle is an imported vehicle, the owner may provide a statement in a form acceptable to the Registrar that meets the requirements of the Motor Vehicle Safety Act (Canada) in place of the National Safety Mark.
(4) If a commercial vehicle is modified to such degree that it no longer conforms to the information contained in that vehicle’s original Compliance Label, the vehicle shall not be operated unless it
(a) has attached to it a new Compliance Label issued in accordance with the Motor Vehicle Safety Act (Canada) and the regulations under that Act showing the new information respecting the vehicle as modified,
(b) carries a certificate issued by a qualified professional engineer certifying that the vehicle as modified meets the requirements of the Motor Vehicle Safety Act (Canada) and the regulations under that Act, or
(c) carries a certificate issued by a person approved by the Registrar certifying that the vehicle as modified meets the requirements of the Motor Vehicle Safety Act (Canada) and the regulations under that Act.
(5) Subsection (2) does not apply to a commercial vehicle manufactured on or before December 31, 2011.
(6) Subsection (4) does not apply in respect of modifications to a commercial vehicle completed on or before December 31, 2011.
Vehicle identification number
2 A commercial vehicle shall not be operated unless the vehicle has attached to it
(a) a vehicle identification number issued in accordance with the Motor Vehicle Safety Act (Canada) or a regulation under that Act,
(b) an assigned identification number issued under the Operator Licensing and Vehicle Control Regulation (AR 320/2002), or
(c) a number or identifying mark that is accepted by the Registrar under the Operator Licensing and Vehicle Control Regulation (AR 320/2002)
and the number or mark referred to in clause (a), (b) or (c) is identical to the number or mark contained in the certificate of registration issued for that vehicle by the Registrar.
Slow moving vehicles
3(1) In this section, “slow moving vehicle sign” means a sign that complies with
(a) the Society of Automotive Engineers Standard J943, as amended from time to time, or
(b) the Canadian Standards Association Standard M671‑99: Slow‑Moving Vehicle Identification Emblem, as amended from time to time.
(2) A commercial vehicle shall not be operated on a highway if it is
(a) a slow moving vehicle or a piece of slow moving equipment or machinery,
(b) an animal‑drawn vehicle, or
(c) a piece of machinery or equipment used at or designed for a maximum speed not exceeding 40 kilometres per hour,
unless a slow moving vehicle sign is displayed on the vehicle.
(3) The slow moving vehicle sign must be clean, legible and visible and must be displayed at the rear of the vehicle, or at the rear of the load carried by the vehicle, whichever is farthest from the front of the vehicle, in the following manner:
(a) with the broad base down;
(b) with the sign side facing to the rear;
(c) located at or as close to the centre line of the vehicle as is practicable;
(d) at a height of not less than 0.90 metres or greater than 1.50 metres above the road surface.
(4) Subsections (2) and (3) do not apply to any construction or maintenance equipment while that equipment is
(a) engaged in construction or maintenance work, and
(b) operated in the presence of a flagman or where there are warning signs notifying persons of the equipment’s presence.
Advance warning triangle
4(1) In this section, “advance warning triangle” means
(a) an emergency warning device that complies with the Society of Automotive Engineers Standard J774, as amended from time to time, and
(b) that is visible for a distance of at least 150 metres under normal atmospheric conditions.
(2) A commercial vehicle shall not be operated
(a) unless the vehicle carries 2 advance warning triangles, and
(b) in the case of a school bus, the bus carries at least 3 advance warning triangles.
(3) The operator of a commercial vehicle to which subsection (2) applies shall produce the advance warning triangles on the demand of a peace officer.
(4) This section does not apply when the commercial vehicle, other than a school bus, is being operated within the boundaries of an urban area or between that urban area and an abutting urban area.
Warning on rear of tank truck
5(1) A commercial vehicle shall not be operated to transport a tank with a capacity of 5000 litres or greater for the purpose of transporting flammable liquids or flammable gas or a highway tank used for the transportation of flammable liquids or flammable gas unless the vehicle is marked at the rear with the words “this truck stops at uncontrolled railway crossings” in accordance with the following specifications:
(a) reflectorized surfacing must be used and its colours must be as close to white as is practicable for such material;
(b) letters must be black in colour and at least 50 millimetres in height, with the exception of the word “stops”, which must be 75 millimetres in height;
(c) stroke width must be uniform throughout and must be at least 9.5 millimetres in width, with the exception of the word “stops”, which must be at least 13 millimetres in stroke width;
(d) series B lettering as defined in the “Standard Alphabets for Traffic Control Devices” published by the United States Federal Highway Administration must be used;
(e) the overall dimensions must be not less than 350 millimetres by 600 millimetres;
(f) the words “this truck stops at uncontrolled railway crossings” must be formatted so as to occupy between 2 and 4 lines of lettering.
(2) The marking referred to in subsection (1) must be maintained in a clean and visible condition.
Axle lifted
6(1) A commercial vehicle may only be operated with an axle lifted by one of the following methods:
(a) by an axle lift device installed by the original manufacturer of the vehicle or by an aftermarket manufacturer of the device;
(b) by a temporary device that meets the requirements of subsection (2), including but not limited to a chain, cable or clamp.
(2) A temporary device referred to in subsection (1)(b) may be used to secure an axle off the ground only when the axle is disabled, and must comply with the following conditions:
(a) the temporary device must be of sufficient strength to securely hold the axle of the vehicle in tow;
(b) the entire axle must be lifted so that all wheel sets attached to the axle are off the ground while the vehicle is in tow;
(c) the vehicle must not be transporting a load while it is being towed;
(d) the vehicle is being towed for the sole purpose of taking it directly to a place in order to have it repaired.
Petroleum products carried by trailer
7(1) A single axle trailer, other than a semi‑trailer as defined in section 1(nn) of the Commercial Vehicle Dimension and Weight Regulation (AR 315/2002), shall not be operated on a highway for the purpose of carrying a tank or a combination of tanks transporting petroleum products with a total capacity of
(a) 3000 litres or greater for the purpose of transporting flammable liquids, or
(b) 450 litres or greater for the purpose of transporting flammable gas.
(2) Subsection (1) does not apply to a trailer used to transport asphalt products used for roofing or filling cracks on a road.
Tire rating
8 A commercial vehicle shall not be operated on a highway at a speed or with a load greater than the lowest rating prescribed by the manufacturer of any tire installed on the vehicle.
Signs on vehicles
9(1) A commercial vehicle shall not be operated on a highway unless at least
(a) the name or logotype of its owner,
(b) the weight of the vehicle when it is not carrying a load, and
(c) the licensed maximum gross weight of the vehicle
are displayed on the left and right sides of the vehicle in letters and numerals of at least 50 millimetres in height.
(2) The information required under subsection (1) to be displayed on the commercial vehicle must be in a contrasting colour to its background so that the information is clearly visible.
(3) A commercial vehicle that is not a school bus shall not be operated on a highway with the words “SCHOOL BUS” or with words or symbols that suggest that the commercial vehicle is a school bus appearing on the body of the vehicle or on a sign attached to the vehicle.
(4) Subsection (1) does not apply to
(a) a bus,
(b) a vehicle that is registered as a Class 2 commercial vehicle under section 77(1) of the Operator Licensing and Vehicle Control Regulation (AR 320/2002) if it is primarily used for farming purposes,
(c) a vehicle that is registered as a Class 2 commercial vehicle under section 77(2)(a) of the Operator Licensing and Vehicle Control Regulation (AR 320/2002),
(d) a commercial vehicle having a licensed maximum gross weight of 4500 kilograms or less,
(e) a vehicle owned by the Government of Canada, the Government of Alberta or the government of another province or by a municipality or school board,
(f) a vehicle carrying mail as defined in the Canada Post Corporation Act (Canada) if it bears the insignia or similar identifying mark or name authorized pursuant to the Canada Post Corporation Act (Canada), and
(g) a trailer, unless the trailer is one to which section 101 of the Vehicle Equipment Regulation applies.
Emergency exits
10 A bus shall not be operated if any emergency exit in the vehicle is obstructed or locked.
Cleanliness
11 A bus shall not be operated unless
(a) the inside and outside of the bus are free of all unnecessary projections likely to cause injury, and
(b) the inside of the bus and the inside windows are clean and sanitary.
Right hand drive
12 A right hand drive vehicle shall not be operated as a bus.
General prohibitions
13(1) A bus shall not be operated with
(a) a greater number of persons being transported than the seating capacity of the bus is designed to carry,
(b) an object being transported that extends beyond the extreme width of the body of the bus or above the height of the bus, or
(c) a trailer attached to the bus.
(2) Subsection (1)(a) does not apply to a transit bus.
Fuel
14 Fuel shall not be transported on a bus other than in the fuel system or tank of the bus.
Luggage, cargo, goods, equipment
15(1) In addition to the requirements of the Vehicle Equipment Regulation regarding transportation of goods, a bus shall not be operated unless the luggage, cargo, goods, equipment and tools that are carried on the bus are carried in an adequate place provided for the carrying of those items.
(2) The place provided for carrying luggage, cargo, goods, equipment or tools under subsection (1) must
(a) not interfere with free access to the exits of the bus,
(b) be constructed so as to prevent the luggage, cargo, goods, equipment or tools from falling on or against a passenger, and
(c) in the case of passenger luggage, protect the luggage from dust and moisture.
First aid kit
16(1) A bus shall not be operated unless the bus is equipped with,
(a) in the case of a bus other than a school bus, an Alberta Occupational Health and Safety Code Number 3 Safety Kit prescribed under the Occupational Health and Safety Act, or
(b) in the case of a school bus, a first aid kit that meets the requirements of the version of CSA Standard D250 applicable at the time of manufacture.
(2) The first aid kit referred to in subsection (1) must be readily accessible to the driver of the bus.
Fire extinguishers
17(1) A bus shall not be operated unless the bus carries at least one fire extinguisher.
(2) At least one fire extinguisher carried on a bus must
(a) in the case of a bus that is not a school bus, be marked and rated not less than 2A:10B:C by the manufacturer of the fire extinguisher in accordance with the procedures for testing and rating fire extinguishers set out in CAN‑ULC‑S508‑M, and
(b) in the case of a school bus, meet the requirements of the version of CSA Standard D250 applicable at the time of manufacture of the school bus.
(3) Where a fire extinguisher required under subsection (1)
(a) is of a stored pressure design, it must be equipped with a pressure gauge or indicator that shows whether or not the fire extinguisher is fully charged, or
(b) is of a cartridge operated design, the design must permit, without the use of special tools, visual inspection of
(i) the gas cartridge seal to see that it is intact, and
(ii) the agent container to see that it is fully charged.
(4) A fire extinguisher required under subsection (1) must be
(a) in a charged condition,
(b) located in the forward end or near the entrance door of the vehicle so that it is readily accessible to the driver of the vehicle, and
(c) mounted
(i) in a bracket that has a quick release retaining band, and
(ii) in a manner so that the fire extinguisher is prevented from falling out due to the movements of the vehicle.
(5) If a fire extinguisher required under subsection (1) is stored in a compartment, that compartment must
(a) display the words “FIRE EXTINGUISHER INSIDE” in letters that are
(i) at least 25 millimetres in height, and
(ii) in a colour that contrasts with the background on which the words are displayed,
and
(b) not be locked or require special tools to open it at any time.
Schedule 2
Commercial Vehicle Maintenance Standards
Body and Frame
Body and seats
1(1) The standards to be met by the body, doors and seats of a commercial vehicle are as follows:
(a) each bumper, fender, moulding and other part must
(i) not be missing,
(ii) not be corroded,
(iii) be securely mounted, and
(iv) not be broken, bent or have sharp edges;
(b) each mud flap, mud guard and splash shield must be in the proper position;
(c) any hood latch must
(i) not be missing, and
(ii) hold the hood securely;
(d) any tilt cab latch must
(i) not be missing, and
(ii) hold the cab securely;
(e) the safety catch of a front opening hood latch or a tilt cab latch must
(i) not be missing, and
(ii) operate smoothly;
(f) each seat must
(i) be securely mounted,
(ii) not have its cushion or padding missing, torn or worn to be ineffective, and
(iii) retain its position and adjustment;
(g) the main door, and where applicable, the emergency door and roof hatch must
(i) be securely fastened to the body,
(ii) function properly,
(iii) be equipped with a lock, latch or spring device that holds it securely closed, and
(iv) not have missing, loose or torn materials on closing edges;
(h) any sun visor must
(i) be securely mounted, and
(ii) maintain a set adjustment.
(2) In addition to subsection (1), a bus must meet the following standards:
(a) door controls must operate smoothly and the seals must be in good condition;
(b) the seating capacity of the bus must not exceed the manufacturer’s designated seating capacity;
(c) the floor pan must not be perforated by rust or exhibit other structural damage;
(d) the engine compartment doors must latch securely;
(e) floor and stepwell coverings must
(i) be in good condition, and
(ii) have no loose or sharp edges;
(f) any baggage racks and package‑retaining components must
(i) be securely mounted,
(ii) not be broken, and
(iii) not be worn so as to render them ineffective;
(g) each stanchion, grab handle, guard rail and guard panel must be securely mounted and fastening parts must not be missing;
(h) energy‑absorbing material installed by the manufacturer on stanchions, guard rails or the tops or sides of seat backs must not be missing, torn or damaged;
(i) any emergency exit must open freely and close securely when the release mechanism is actuated from inside the bus;
(j) if the vehicle is fitted with an outside release mechanism for an emergency exit, the emergency exit must open freely and close securely when the release mechanism is actuated from outside the bus;
(k) any emergency exit warning device must function as intended;
(l) adequate markings for the locations and directions for the emergency use of the emergency exits must be displayed on or adjacent to the exits;
(m) any exterior compartment doors must
(i) be securely attached,
(ii) function properly,
(iii) be equipped with a lock, latch or spring device that holds it closed securely, and
(iv) not have any missing, broken or frayed counterbalance cables;
(n) for any separate exit door other than a door to be used for emergency purposes only, any interlock system, braking system and master override controls must function in accordance with the manufacturer’s specifications.
(3) Subsection (2)(i) and (j) do not apply to a bus used for the purpose of transporting a person who is
(a) committed to a correctional institution, as defined in the Corrections Act, or a jail, including a military guard room, remand centre, penitentiary, facility or place designated as a place of open or secure custody pursuant to the Youth Criminal Justice Act (Canada), a place of custody, as defined in the Youth Justice Act, a detention centre or a place where a person is held under a warrant of a judge, or
(b) under arrest.
Chassis frame
2 The standards to be met by the chassis are as follows:
(a) chassis frame or subframe members must not be cracked, perforated by corrosion or exhibit structural damage or deformation;
(b) chassis frame or subframe connecting fasteners must not be missing or loose.
Body frame
3 The standards to be met by the unitized or monocoque body frame are as follows:
(a) structural members must not be cracked or exhibit structural damage or deformation;
(b) structural members must not be perforated by corrosion;
(c) no structural member must be missing;
(d) no connecting fasteners must be missing, loose or corroded.
Sliding subframe
4 The standards to be met by the sliding subframe are as follows:
(a) the subframe members must not be cracked, perforated by corrosion or exhibit structural damage or deformation;
(b) locking devices must not be missing, cracked or inoperable;
(c) lock pins must not be missing;
(d) stops must not be missing or cracked.
Underbody
5(1) In this section, “underbody” does not include the underbody of a separate cargo body.
(2) The standards to be met by the underbody are as follows:
(a) the underbody must not have any perforations or exhibit structural damage or deformation;
(b) the underbody must not have any openings other than those designed by the manufacturer.
Drive shaft
6 The standards to be met by drive shaft hanger brackets and guards are as follows:
(a) no fasteners, hanger brackets or drive shaft guards must be missing, loose or damaged;
(b) the drive shaft and universal joints must not
(i) be damaged, or
(ii) have any loose, missing or damaged bolts or retainers;
(c) the universal joints must not be loose or show evidence of free play;
(d) the drive shaft slip yokes, stub shaft splines and centre bearings must not be worn in excess of the manufacturer’s specifications.
Windows and mirrors
7(1) The standards to be met by the windshield, windows and mirrors are as follows:
(a) each mirror must
(i) be securely mounted, and
(ii) maintain a set adjustment;
(b) no mirror must be damaged so as to have any significant alteration in its reflective surface;
(c) subject to the requirements under the Vehicle Equipment Regulation (AR 322/2002), opaque material or any other material must not be fitted upon or in place of glazing in the windshield or in the 2 front side windows to the left or right of the driver’s seat;
(d) glazing material must not
(i) be crazed, discoloured or fogged,
(ii) have exposed sharp edges,
(iii) have any part missing, or
(iv) have any cracks affecting both layers of glass;
(e) the windshield must not have
(i) any cracks affecting both layers of glass,
(ii) any crack that extends from one edge to another edge,
(iii) intersecting cracks in an area swept by the wipers, or
(iv) cracks or star chips greater than 25 millimetres in diameter in an area swept by the wipers;
(f) any window to the left of the driver’s seat must be capable of being opened from the inside.
(2) In addition to subsection (1), a bus must meet the following standards:
(a) any emergency window must operate smoothly and the seals associated with the emergency window must be in place and in good condition;
(b) adequate directions for the use of any emergency window must be displayed on or adjacent to the emergency window;
(c) any emergency warning device fitted for the window must function properly;
(d) any banding fitted on exposed edges of safety glass must not be missing, loose or broken.
Fuel and Exhaust
Fuel
8 The standards to be met by the fuel system are as follows:
(a) the mounting or attachment of the fuel tank and fuel lines must
(i) not be missing, and
(ii) be secure;
(b) the fuel tank and fuel lines must be protected from abrasion or damage;
(c) the filler cap must
(i) not be missing, and
(ii) be secure;
(d) the fuel system must not leak;
(e) any pressurized fuel system must meet the applicable standards prescribed by the Canadian Gas Association, and regulations under the Safety Codes Act.
Exhaust
9(1) In this section, “exhaust system” includes exhaust manifolds.
(2) The standards to be met by the exhaust system are as follows:
(a) no component of the exhaust system must be missing, perforated, patched or insecurely mounted;
(b) no part of the exhaust system must be closer than 50 millimetres to wiring, any part of a fuel or brake component or any combustible material that is not protected by a shield;
(c) no component of the exhaust system must pass through the occupant compartment;
(d) the exhaust system must be designed and situated so that an individual who enters or leaves the vehicle cannot be burned by any component;
(e) no leakage may occur at any point in the exhaust system, except through drain holes provided by the manufacturer;
(f) an exhaust system must not be shortened or modified from the original equipment so that it fails to direct the outlet of the system more than 150 millimetres from the periphery of the occupant, sleeper or luggage compartments past which the exhaust is directed.
Brakes
Friction components
10 The standards to be met by the brake friction components are as follows:
(a) a drum or disc must not have any crack on the friction surface, other than a normal heat check crack, that may reach the edge of the drum bore or periphery of the disc;
(b) a drum must not have any fasteners missing or loose;
(c) parking brake friction material must not be broken, cracked, nor worn thinner than
(i) 1.6 millimetres when measured at any point of a bonded lining or pad other than the chamfered area of the lining,
(ii) in the case of a riveted lining or pad, the dimensions specified by the vehicle manufacturer, or
(iii) in the case of a clamped segmented lining, the dimensions specified by the brake manufacturer;
(d) a drum or disc must not have any mechanical damage to the friction surface, other than normal wear;
(e) a ventilated disc must not have broken or visibly cracked cooling fins;
(f) the inside diameter of a drum must not be greater than
(i) the dimension stamped on the drum, or
(ii) where the dimension is not stamped on the drum, the manufacturer’s wear limit;
(g) the thickness of a disc must not be less than
(i) the dimension stamped on the disc, or
(ii) where the dimension is not stamped on the disc, the manufacturer’s wear limit;
(h) bonded lining must not be thinner than 1.6 millimetres when measured at the thinnest point;
(i) the surface of a riveted lining must not be closer to the rivet head than
(i) the dimension specified by the vehicle manufacturer, or
(ii) 0.8 millimetres,
whichever is greater;
(j) a riveted lining must not be thinner than 3.2 millimetres when measured at the thinnest point;
(k) the riveted lining of an air brake system must not be thinner than
(i) the dimension specified by the vehicle manufacturer, or
(ii) 8 millimetres on a trailer or on the rear axle of a bus, truck or a truck‑tractor and 4.8 millimetres on the front axle when measured at the thinnest point other than the chamfered area of the lining,
whichever is greater;
(l) the bonded brake pad of an air brake system must not be thinner than
(i) 3.2 millimetres, or
(ii) the dimension specified by the vehicle manufacturer;
(m) the riveted brake pad of an air brake system must
(i) not be thinner than
(A) 4.8 millimetres, or
(B) the dimension specified by the vehicle manufacturer,
and
(ii) not be less than 1.6 millimetres above the rivet head;
(n) brake linings and pads must not
(i) be cracked or broken loose on the shoe or backing plate,
(ii) show evidence of contamination that could affect braking performance,
(iii) be worn to the manufacturer’s visual wear indicator,
(iv) be worn beyond the dimensions specified by the brake manufacturer, or
(v) be so worn as to indicate a defective drum, disc, caliper or shoe;
(o) all brakes must be adjusted to the manufacturer’s specifications without brake drag;
(p) if the vehicle was originally equipped with a self‑adjusting brake, it must be maintained and be operating properly.
Hydraulic and vacuum‑assisted brake components
11(1) In this section, “hydraulic and vacuum‑assisted brake components” includes cylinders, reservoirs, fittings, valves, supports, hose clamps, connections, air chambers, air cleaners, hoses and tubes of the brake systems.
(2) The standards to be met by the brake systems are as follows:
(a) there must be no hydraulic or vacuum leak when
(i) vacuum, hydraulic or air boost systems are fully charged, and
(ii) the service brakes are fully applied or released;
(b) hose and tubing must not
(i) be abraded, restricted, crimped, bulged, cracked, broken or disconnected,
(ii) rub against any part of the vehicle, or
(iii) have damaged or missing clamps or supports;
(c) the brake hose and tubing must not show any indication of leakage or heavy corrosion scaling;
(d) the minimum hydraulic fluid level in any reservoir must
(i) not be lower than the level specified by the manufacturer, or
(ii) if no specification is made by the manufacturer, not be more than 10 millimetres below the lowest edge of each filler opening;
(e) where the system is composed of power‑boosted hydraulic brakes, the brake pedal must move toward the applied position when the vacuum, air or hydraulic pressure is first depleted by stopping the engine and moderate pressure is applied on the brake pedal and the engine is then started;
(f) where the system is equipped with hydraulically‑boosted hydraulic brakes and an electrically driven hydraulic pump for the reserve power system,
(i) the pump must start and run, and
(ii) the brake pedal must move toward the applied position when the hydraulic boost is first depleted by stopping the engine and moderate pressure is then applied on the brake pedal while moving the ignition switch to the “on” position;
(g) the air cleaner of the vacuum system or air compressor must not be clogged;
(h) a hydraulic brake cylinder must not show evidence of leakage;
(i) a hydraulic brake piston must not fail to move when moderate pressure is applied to the brake pedal.
Mechanical components
12 The standards to be met by the components of the brake and parking brake systems are as follows:
(a) no mechanical or structural part must be misaligned, worn so as to render it ineffective, missing, frayed, stretched, cracked, broken, binding, seized, disconnected or insecurely attached;
(b) no grease retainer must be missing or leaking.
Brake pedal
13 The standards to be met by the brake pedal assembly of a hydraulic brake are as follows:
(a) any movement of the service brake pedal toward the applied position must be within the manufacturer’s specifications when
(i) moderate foot force is maintained on the service brake pedal for 10 seconds, and
(ii) where the brakes are power‑boosted, the force referred to in subclause (i) is applied while the engine is running;
(b) where the assembly is equipped with a brake pedal pad, the brake pedal pad must be present, secure and not worn so as to render it ineffective;
(c) where the assembly is equipped with a brake pedal anti‑skid surface, the brake pedal anti‑skid surface must not be worn so as to render it ineffective;
(d) the pedal and other components must not bind or cause high friction;
(e) the pedal lever assembly must be aligned and positioned in accordance with the manufacturer’s specifications;
(f) the total pedal travel shall not exceed 80% of the total available travel when
(i) heavy foot force is applied to the brake pedal, and
(ii) where the brakes are power‑boosted, the force referred to in subclause (i) is applied while the engine is running;
(g) despite clause (f), where the vehicle is equipped with a power‑boosted braking system, the foot force applied to the pedal for the purposes of clause (f)(i) must be a light foot force;
(h) the hydraulic master cylinder push rod must be properly adjusted and aligned;
(i) the brake failure warning lamp must operate in accordance with the manufacturer’s specifications;
(j) any vacuum gauge must be operative;
(k) with the engine stopped, and with its ignition switch in the “on” position, any low vacuum warning device must operate.
Air brake system
14 The standards to be met by the air brake system are as follows:
(a) hoses, tubes and connections must not
(i) leak or be restricted, abraded, crimped, bulged, cracked or broken,
(ii) rub against any part of the vehicle,
(iii) have damaged or missing clamps or supports, or
(iv) have connections showing evidence of non‑standard field repair;
(b) the air safety valve must operate in accordance with the manufacturer’s specifications;
(c) the tractor protection valve must maintain air in the power unit air system as the manufacturer’s design allows;
(d) the air parking and emergency system must, on application and release or as a result of a sudden air loss or on a bus if fitted, by activation of the interlock system, fully apply the brakes on application and release positively;
(e) any compressor drive belt must
(i) be adjusted to the tension specified by the manufacturer, and
(ii) not be cut, frayed or worn so as to render it ineffective;
(f) the air pressure gauge must be operative;
(g) the time required to build up air pressure from 350 kPa to 600 kPa must not exceed 3 minutes when the engine is running at a steady fast idle;
(h) each air reservoir drain valve must function properly when the air system is fully charged and the engine is running;
(i) the governor cut in pressure must not be lower than 560 kPa gauge pressure and the cut out pressure must not be higher than 945 kPa gauge pressure unless other pressures are specified by the manufacturer;
(j) compressed air reserve must be sufficient to permit one full brake application from the fully charged air brake system without lowering reservoir pressure more than 20% when the engine is stopped;
(k) with the air brake system fully charged, spring brake released and the engine stopped, air pressure drop must not exceed
(i) with the brake released, 2 psi per minute on a single unit or 3 psi per minute on a combination, and
(ii) with the brake fully applied, 3 psi per minute on a single unit or 4 psi per minute on a combination;
(l) any low pressure warning device must operate when system pressure is reduced to 382 kPa.
Parking brake
15 The standards to be met by the parking brake system are as follows:
(a) the parking brake, when fully applied and not held by foot or hand force or by hydraulic or air pressure, must hold the vehicle stationary against the engine momentarily while the vehicle is operated in reverse gear and low forward gear at a light throttle setting;
(b) the mechanism while in the “off” position must fully release the brakes;
(c) when the mechanism is in the fully applied position, there must be reserve travel available.
Brake system
16(1) In this section, a “truck tractor” means a truck tractor as defined in the Commercial Vehicle Dimension and Weight Regulation (AR 315/2002).
(2) The standards to be met by the brake system are as follows:
(a) the vehicle must be equipped with a brake system acting on all wheels;
(b) the vehicle must not pull to the right or the left when the brake is applied;
(c) the brake must release immediately when pressure is released from the pedal;
(d) braking performance must be within the manufacturer’s specifications.
(3) Subsection (2)(a) does not apply to
(a) a 3 axle truck tractor that was manufactured without front wheel brakes, or
(b) a vehicle whose brakes are not operable when an axle is lifted.
(4) Subsection (2) comes into force on January 1, 2012.
Engine controls
17 The standards to be met by the engine control system are as follows:
(a) the engine speed must drop to idle when the accelerator pedal is released;
(b) where the engine is equipped with an emergency braking device, the engine must stop when the control is actuated.
Steering column and box
18 The standards to be met by the steering column and box are as follows:
(a) the steering column and box must not be loose in their mountings to the body and frame;
(b) no bolt or nut must be loose or missing from a mounting;
(c) the steering shaft coupling and spline must be secure with no
(i) visible separation of flex couplings, or
(ii) visible sign of wear at the splines or universal joints;
(d) where the steering column is equipped with an energy‑absorbing section, that section must not appear on visual inspection to be damaged so as to reduce its effectiveness;
(e) the power steering drive belt must not be missing, cut, frayed or worn so as to render it ineffective;
(f) the fluid in the power steering reservoir must not be lower than the minimum level specified by the vehicle manufacturer;
(g) when the engine is running,
(i) the power steering system must operate as intended, and
(ii) the hydraulic system must not show evidence of active fluid leakage.
Wheel alignment
19 The wheels must be aligned so that the wheels are not visibly out of alignment while all the wheels are on the ground and the front wheels are in the straight ahead position.
C‑dolly steering
20(1) In this section, “C‑dolly” means a C‑dolly as defined in the Motor Vehicle Safety Regulations (Canada), as amended from time to time.
(2) The standards to be met by the C‑dolly steering system are as follows:
(a) while the wheels are being turned through a full right and left turn
(i) the operation must not bind or jam during the cycle, and
(ii) the steering stops must not be missing or improperly adjusted on applicable vehicles;
(b) yaw dampening diaphragms must not be missing, inoperable or leaking;
(c) the steering lock must
(i) not be missing or inoperable,
(ii) be centred in the “zero” locked position, and
(iii) be equipped with a manual locking system independent of the remote locking system;
(d) steering dampers must not be missing, inoperable or leaking on applicable vehicles;
(e) the air pressure regulator must not be missing or inoperable;
(f) the air pressure gauge must
(i) not be missing, inoperable or inaccurate, and
(ii) be equipped with a label indicating the minimum design pressure required to comply with centring force requirements;
(g) the C‑dolly must be equipped with an operating plate stating the speed at which the axle locks.
Steering linkage
21(1) In this section and sections 29, 31 and 32 of this Schedule, “field welding” describes a method of repair by welding that does not meet the original equipment manufacturer’s design standards.
(2) The standards to be met by the steering system are as follows:
(a) while the front wheels are on the ground in the straight ahead position, and in the case of a vehicle equipped with power‑boosted steering, with the engine running, and with no movement of the front wheels, free movement of the steering wheel rim must not exceed
(i) 30 degrees or,
(ii) where a limit is designated by the manufacturer, that limit;
(b) there must be no visible play in a ball and socket joint when measured with hand pressure only;
(c) while the front wheels are on the ground in the straight ahead position, and in the case of a vehicle equipped with power‑boosted steering, with the engine running, the steering mechanism must move smoothly when the front wheels are turned from full right to full left and back again;
(d) in the case of king pins, when the vehicle is supported so that the steering linkage is in its normal attitude, no front wheel must have
(i) a vertical movement in excess of 2.5 millimetres or the vehicle manufacturer’s specifications, and
(ii) a rocking play about a horizontal axis in excess of 4.8 millimetres for wheels 510 millimetres and larger, and 3.2 millimetres for wheels under 510 millimetres;
(e) no component of the steering linkage system may be loose or damaged;
(f) no component of the steering linkage system may be repaired by field welding or modified so as to weaken the linkage system or affect the proper steering of the vehicle;
(g) no nut, bolt, clamp or cotter pin may be loose, badly worn or missing;
(h) there must be a minimum clearance of 25 millimetres between a steering tire and frame, fender or other part.
Suspension
Suspension
22 The standards to be met by the suspension are as follows:
(a) ball joints must not have play in excess of the manufacturer’s specifications;
(b) the control arm inner pivots must not have excessive play;
(c) wheel and axle bearings must not have excessive wear, play, binding or damage;
(d) shock absorbers must not be loose, bent, disconnected, missing or damaged, or show evidence of active fluid leakage;
(e) front and rear springs, shackles, U‑bolts, centre‑bolts, radius rods, control arms, torque arms, equalizers, sway‑bars, stabilizers and their supports and attachments must not be loose, bent, cracked, broken, disconnected, displaced, perforated by corrosion or missing;
(f) the rear axle or axles and their wheels must track properly so as not to adversely affect control of the vehicle;
(g) where a vehicle is equipped with full air brakes and the engine is started with zero gauge air in the air brake system, air must not begin to flow into the suspension system until the pressure in the system reaches 450 kPa gauge pressure;
(h) no air leakage may occur when air in the suspension system is at normal operating pressure and the pusher or tag axle, if fitted, is tested in the load and reduced load sharing modes;
(i) where the system has a pusher or tag axle, the pusher or tag axle must respond to its load sharing control switch or valve when air in the suspension system is at normal operating pressure;
(j) when air in the suspension system is at normal operating pressure, the vehicle body and chassis frame must
(i) be supported clear of all axles, and
(ii) appear to be level;
(k) suspension joints of a variable load sharing axle with independent suspension must not be worn beyond the limits specified by the manufacturer;
(l) the air bag or air line shall not be missing, cut, bruised, crushed or leaking and the air bag must not be cracked to the braid or mounted insecurely.
Electrical Components
General requirements
23 The standards to be met by the electrical components are as follows:
(a) an electrical component must be secure on its mounting;
(b) the horn operating mechanism must function in accordance with the manufacturer’s specifications;
(c) the electric wiring and any trailer cord must not be loose so as to contact moving parts, rubbed through the insulation, peeled, cut or deteriorated;
(d) the battery must be securely mounted, and must not be loose, missing or have hold downs missing.
Windshield wipers and washers
24 The standards to be met by the windshield wipers and washers are as follows:
(a) the windshield washer system must function in accordance with the manufacturer’s specifications;
(b) each wiper arm and blade assembly must sweep the area specified by the manufacturer;
(c) each part of the windshield wiper system must be in place and in a condition so that its effectiveness is not impaired.
Heating and defrosting systems
25(1) The standards to be met by the heating system and the defrosting system are as follows:
(a) the heating system must function in accordance with the manufacturer’s specifications;
(b) the visible portions of the hoses and piping for the interior heaters routed within the occupant compartment must not be abraded, cracked or leaking;
(c) the windshield defroster system must deliver heated air to the windshield and, where fitted, to the side windows to the left and right of the driver.
(2) Despite subsection (1)(c), the windshield defroster system of a bus must deliver heated air to the windshield, the driver’s side window and the door glass panels, unless the service door is equipped with frost‑resistant glass panels.
Starting switch
26 The standards to be met by the neutral safety starting switch are as follows:
(a) the neutral safety starting switch must not be missing;
(b) the starter must operate only when the gear selector or transmission is in the park or neutral position.
Lamps and reflectors
27 The standards to be met by lamps and reflectors are as follows:
(a) each circuit must light and activate the required lamps on that circuit when the appropriate switch is in the “on” position;
(b) each indicator lamp must operate in accordance with the manufacturer’s specifications;
(c) a circuit must not interfere with any other circuit;
(d) each lamp, lens and reflex reflector must
(i) not be missing in whole or in part,
(ii) not be discoloured,
(iii) be correctly installed,
(iv) be securely mounted, and
(v) operate in accordance with the manufacturer’s specifications;
(e) a lamp must not be covered with translucent or opaque material;
(f) a lamp must not be modified by the attachment of any device to the lamp or the vehicle that reduces
(i) the effective area of the lens, or
(ii) the brightness of the light;
(g) each headlamp shutter or retracting headlamp must either
(i) operate over the full range of movement, or
(ii) be secured in the fully open position;
(h) all headlamps must be aligned according to the manufacturer’s specifications;
(i) retroreflective markings must not be damaged, obscured or contaminated in such a way to render them ineffective.
Wheels and Tires
Tires
28(1) In this section,
(a) “construction type” means a type of tire carcass construction and includes
(i) bias ply,
(ii) belted‑bias, and
(iii) radial ply,
but does not include variations in tread pattern or in cord material used in building a tire carcass;
(b) “steering axle” means a steering axle under the Commercial Vehicle Dimension and Weight Regulation (AR 315/2002).
(2) The standards to be met by the tires are as follows:
(a) all tire pressures must be maintained in accordance with the manufacturer’s specifications;
(b) subject to clause (c), the tire on a steering axle must not be worn so that less than 3.2 millimetres of tread remain in any 2 adjacent major grooves;
(c) despite clause (b), a tire must not be worn so that
(i) any tread wear indicator contacts the road, and
(ii) less than 1.6 millimetres of tread remain in any 2 adjacent major grooves;
(d) a tire must not have exposed cord;
(e) a tire must not have cuts or snags deep enough to
(i) expose the cord, or
(ii) affect the safety of the tires;
(f) a tire must not have any abnormal visible bump, bulge or knot related to tread or side‑wall separation or to failure or partial failure of the tire, including the bead areas;
(g) except for a tire designed for recutting and marked by the manufacturer as being so designed, a tire must not have been regrooved or recut below the original new tire groove depth;
(h) a retreaded tire must not
(i) be fitted to a steering axle, or
(ii) have a peeled surface;
(i) no tire may be mounted or inflated so as to be in contact with any part of the vehicle;
(j) a tire must not be of a smaller size than the minimum size specified by the manufacturer of the vehicle;
(k) except where a vehicle has dual rear tires, a vehicle shall not be fitted with both radial ply and bias or belted‑bias ply tires unless the combination of types of tires is in accordance with the tire manufacturer’s specifications;
(l) a vehicle must not be fitted with a combination of construction types or sizes of tires on an axle unless that combination is stated by the manufacturer to be equivalent by tire industry standards;
(m) dual tires must not
(i) be in contact with each other, or
(ii) differ from each other by more than 13 millimetres in diameter or by more than 38 millimetres in circumference;
(n) a vehicle must not be fitted with a tire that
(i) bears the wording “not for highway use”, “farm use only”, “competition circuit use only” or any other wording or lettering indicating that the tire was not designed for highway use, or
(ii) bears the letters “SL”, “NHS” or “TG” after the tire designation.
(3) In addition to subsection (2), where a bus is equipped with one rear axle and the axle is equipped with 2 tires, neither tire may be retreaded.
Wheels
29 The standards to be met by the wheel studs, hub, rims and wheel bearings installed on axles are as follows:
(a) a wheel stud, bolt, clamp, nut or lug must not be loose, missing, damaged, broken or mismatched;
(b) the nut must be fully engaged with the stud;
(c) a disc wheel assembly must not
(i) have any visible crack or elongated bolt hole,
(ii) have any indication of repair by field welding, or
(iii) be so bent or damaged as to affect the safe operation of the vehicle;
(d) a wheel rim and lock ring must not be mismatched, bent, sprung or otherwise damaged so as to affect the safe operation of the vehicle;
(e) a spacer band must not be bent, sprung or otherwise damaged so as to affect the safe operation of the vehicle;
(f) a cast wheel must not show evidence of excessive wear in the clamp area;
(g) wheel spokes must not be missing, loose, repaired, welded or broken;
(h) a hub must not be
(i) repaired by field welding,
(ii) cracked, broken, bent, distorted, worn or missing, or
(iii) show evidence of active leaking lubricant from the hub seal or from the oil cap.
Lubrication
Lubrication
30 The standards to be met for the lubrication of a commercial vehicle are as follows:
(a) the vehicle must be properly lubricated;
(b) the vehicle must not have active oil or grease leaks.
Fifth Wheel Coupling Device
Fifth wheel coupling device
31(1) The standards to be met by the fifth wheel coupling device lower half are as follows:
(a) the fifth wheel must be securely attached to the towing vehicle;
(b) where a fifth wheel is secured to the vehicle frame by means of U‑bolts, positive stops must be provided to prevent the fifth wheel from shifting on the frame;
(c) the jaw closure and locking mechanism must
(i) be in good working order, and
(ii) not be worn to exceed 6.4 millimetres, cracked or broken;
(d) the fifth wheel plate or the fifth wheel saddle must not be cracked, broken or distorted;
(e) the fifth wheel plate or the fifth wheel saddle must not be repaired by welding or heating;
(f) if the fifth wheel is equipped with slider mechanisms, the mechanisms must
(i) lock securely,
(ii) not show any signs of failure or of being worn to an extent that would render it ineffective, and
(iii) be equipped with stops;
(g) saddle bushings must not be worn in excess of the manufacturer’s specifications;
(h) the fifth wheel device must be so equipped that the upper and lower halves cannot be separated without a positive manual release.
(2) The standards to be met by the fifth wheel coupling device upper half are as follows:
(a) the upper plate must not be loose, cracked or warped;
(b) the upper plate king pin must not be loose, cracked, deformed or have wear in excess of 3.2 millimetres;
(c) the upper plate king pin must not be repaired by field welding;
(d) if fitted, a ball bearing turntable must not be
(i) cracked or have loose or missing mounting bolts, or
(ii) be worn so as to allow the upper flange half to touch the lower flange half.
Trailers
Trailer hitch, trailer mount and connecting devices
32 The standards to be met by a hitch system are as follows:
(a) a trailer hitch or a towing structure to which a trailer hitch is attached must be securely mounted;
(b) latch mechanisms must close securely;
(c) a part must not be missing, cracked, broken, bent, seized or worn so as to render it ineffective;
(d) no cast or forged hitch must show any indication that repairs were effected by means of brazing or field welding;
(e) no connecting devices provided at the rear of a vehicle for the attachment of a safety chain or cable must be insecurely fastened, missing, cracked, broken or worn so as to render it ineffective.
Rear impact guard
33 The standards to be met by a rear impact guard are as follows:
(a) the guard must not be missing, bent or broken;
(b) the guard must not have cracked welds;
(c) the guard must be securely mounted.
Schedule 3
Maintenance Standards for Transportation of Persons with Physical Disabilities in Buses
Mobility aid securement devices
1 Any mobility aid securement and occupant restraint device must comply with the following:
(a) each anchorage device must be secure;
(b) each component part must operate as intended;
(c) any component part must not have damage apparent on visual inspection that would reduce its effectiveness.
Ramps and lifts general requirements
2 Any ramps or lifts must meet the following requirements:
(a) the means of attachment of the ramp or lift to the vehicle must be in accordance with the manufacturer’s instructions;
(b) when the ramp or lift is in the stored position, the ramp or lift must be secured in such a manner as to pose no potential hazard to occupants of the vehicle or other persons;
(c) the ramp or lift must be capable of functioning in an ambient temperature of between ‑40ºC and +40ºC;
(d) the functioning of the ramp or lift must not be impaired by accumulation of water, snow, ice or sand;
(e) the guards on the sides of the lift platform or ramp platform must be a minimum of 50 millimetres in height and shall extend the full length of the platform on each side;
(f) the outside of the guards on the lift platform or ramp platform must be clearly marked with black and yellow retroreflective diagonal strips to indicate the presence of the unfolded platform or ramp;
(g) no plate, cover or energy‑absorbing material required to protect persons from projections or hazards likely to cause injury may be missing or damaged so as to reduce its effectiveness;
(h) moving parts must have adequate guards.
Ramp and lift controls
3 The ramp and lift controls must meet the following requirements:
(a) there must be only one control for the ramp and one control for the lift, and each must be
(i) capable of preventing accidental operation of the ramp or the lift, as the case may be, and
(ii) stored in a safe place when not being used by the operator;
(b) the control must be in a location that permits the operator to stand anywhere around the edge of the lift and view the platform when operating the lift;
(c) the control must be operable using one hand only, and shall use continuous pressure operation;
(d) the manual override device must enable the operator to raise and lower the ramp or the platform, with or without load, as the case may be, and return the ramp or the lift to the stowed position in the case of a power failure;
(e) the manual override device must be accessible for use by the operator, and a notice outlining detailed step‑by‑step instructions for the operating procedure must be posted alongside the actuation point;
(f) subject to clause (g), the interlock device of the ramp or lift linked to the vehicle brakes or transmission must be in a condition to prevent
(i) the movement of the bus if the ramp or the lift is not stowed or the ramp door or lift door is not securely closed, or
(ii) the deployment of the ramp or lift unless the interlocks or systems are engaged;
(g) the interlock device of a transit bus shall prevent kneeling of the bus if the lift is not stowed, the lift door is not securely closed or the interlocks or systems are disengaged.
Lift capacity
4 A lift must be maintained to enable a minimum lifting capacity of 275 kilograms.
Lift platform requirements
5(1) If the lift has a powered closing lift platform, it must not fold when there is a weight of 34 kilograms or more on the centre of the platform.
(2) The lift platform must meet the following requirements:
(a) it shall be at least 725 millimetres in width and 1.22 metres in length;
(b) it must have a skid‑resistant surface and adequate drainage;
(c) it must operate smoothly when activated by the appropriate controls;
(d) the roll stop at the inner and outer edges must be maintained in a condition such that
(i) they are approximately in the vertical position when the platform is in the lifting and lowering mode,
(ii) they have a minimum of 100 millimetres in height in the raised position,
(iii) the outer edge roll stop retracts when the platform reaches the lower limit of travel, and
(iv) the inner edge roll stop retracts when the platform reaches the upper limit of travel;
(e) where the lift platform extends outside the bus body, the handrail on each side must be maintained so that it is
(i) 750 millimetres to 950 millimetres in height,
(ii) at least 200 millimetres in length, and
(iii) between 30 and 35 millimetres in diameter,
and the handrail must remain at a constant height while in operation;
(f) where the lift platform extends outside the bus body, it must be provided with a restraining device that is positioned not less than 625 millimetres and not more than 950 millimetres above the platform when the platform is in the operating position, to prevent the mobility aid and its occupant from rolling off the platform.
Warning notice
6 A notice or pictogram must be posted on the lift, containing the caution to stand clear with the lettering
(a) at least 25 millimetres in height in the case of a notice and at least 50 millimetres in height if the lettering is accompanied by a pictogram, and
(b) in a colour that contrasts with the background.
Ramp requirements
7 A ramp must meet the following requirements:
(a) the ramp must be capable of handling a load of at least 275 kilograms placed at the centroid of the ramp, and distributed over an area of 660 x 660 millimetres;
(b) the maximum gradient of the ramp must be 1 in 4;
(c) the ramp must be at least 760 millimetres wide;
(d) the surface of the ramp must be skid‑resistant.
Storage of ramp in passenger compartment
8 If the ramp is stored in the passenger compartment, it must be secured in accordance with the ramp manufacturer’s instructions.
Symbol
9(1) An accessibility symbol posted adjacent to the entrance door and adjacent to other doors used for accessible boarding must be maintained in good condition.
(2) The symbol under subsection (1) shall comply with Figure 1 of the Appendix.
Schedule 4
Maintenance Standards for Handi‑buses
Definitions
1 In this Schedule,
(a) “anchor point” means a point or area on a handi‑bus to which anchorage is attached;
(b) “anchorage” means the means of attachment on a mobility aid and a handi‑bus for the purpose of transferring forces between the mobility aid and the vehicle through a MASOR system;
(c) “belt” means a length of energy‑absorbing webbing material used as part of an occupant restraint system;
(d) “forward‑facing” means the orientation in which the mobility aid occupant faces the front of the handi‑bus, with the mobility aid reference plane within plus or minus 5 degrees of the longitudinal axis of the vehicle;
(e) “mobility aid occupant” means an occupant of a handi‑bus who uses a mobility aid;
(f) “mobility aid securement and occupant restraint system” or “MASOR system” means a device or system intended
(i) to secure a mobility aid in a handi‑bus, and
(ii) to restrain an occupant seated in a mobility aid during a frontal vehicle impact;
(g) “occupant restraint” means a device or system intended to restrain the occupant seated in a mobility aid during a frontal collision of the handi‑bus, and includes
(i) a lap belt for restraining movement of the pelvis (referred to as a Type 1 occupant restraint),
(ii) a combination pelvis and upper torso restraint (referred to as a Type 2 occupant restraint), and
(iii) an upper torso restraint for use only in conjunction with a pelvis restraint to form a Type 2 occupant restraint (referred to as a Type 2A occupant restraint);
(h) “rearward‑facing” means the orientation in which the mobility aid occupant faces the rear of the handi‑bus, with the mobility aid reference plane within plus or minus 5 degrees of the longitudinal axis of the vehicle;
(i) “seat belt assembly” means any strap, webbing or similar device designed to secure a person in a handi‑bus in order to mitigate the results of a collision, and includes all necessary buckles and other fasteners and all hardware;
(j) “securement point” means a load bearing strong point on a mobility aid intended for use with a MASOR system;
(k) “webbing” means a narrow fabric woven with continuous filling yarns that has finished edges.
MASOR system required
2 A handi‑bus must be provided with a mobility aid securement and occupant restraint (MASOR) system for each mobility aid position in accordance with CSA Standard Z605.
MASOR system requirements
3(1) The securement system for a MASOR system must meet the following requirements:
(a) it must consist of 2 belts on the front and 2 belts on the back for attachment to the mobility aid securement points;
(b) it must incorporate a means of adjustment to remove slack from each mobility aid securement point.
(2) The securement for a mobility aid must be provided independently of the occupant restraint.
(3) Components of a MASOR system must function
(a) so as to minimize the possibility of inadvertent release, and
(b) so that any parts, such as pins or fasteners, that are required for proper operation are secured.
(4) Threaded fasteners of an occupant restraint must be provided with a means of preventing them from vibrating loose.
(5) Mechanisms for the release of a mobility aid occupant from an occupant restraint must not require engagement or disengagement of threaded fasteners.
(6) A MASOR system anchor point must permit installation at no more than 16 millimetres above the floor of the handi‑bus.
(7) Devices provided to adjust a MASOR system to fit a mobility aid or an occupant must be capable of being operated without the use of tools.
(8) The hardware components of a MASOR system that attach to the mobility aid must not disengage from the securement point if any portion of the system goes slack.
(9) The hardware components of a MASOR system must be maintained so that any installation or re‑installation would not involve
(a) removal of material from the mobility aid frame by means such as cutting or drilling,
(b) deformation of the mobility aid, or
(c) the use of an adhesive process.
(10) Hardware components of a MASOR system that, under normal use, make contact with a mobility aid occupant or are handled by an attendant must not have burrs or sharp edges.
(11) The surface of each securement end fitting must be smooth, and corners and edges must be free of burrs and sharp edges.
Mobility aid and occupant restraint requirements
4(1) A minimum floor space of 685 millimetres x 1.22 metres must be provided for each mobility aid.
(2) A handi‑bus must be maintained so that, except for MASOR system components, there is no part of the fixed vehicle structure within the clear zone shown in
(a) Figure 2 of the Appendix, where a Type 1 occupant restraint is used, or
(b) Figure 3 of the Appendix, where a Type 2 occupant restraint is used.
(3) Each anchor point for the mobility aid securement system must be capable of withstanding a forward and rearward static loading of 1600 kilograms.
(4) A Type 2 occupant restraint must meet the requirements of CSA Standard Z605 Mobility Aid Securement and Occupant Restraint (MASOR) Systems for Motor Vehicles.
(5) A Type 2 occupant restraint must be provided at each outboard mobility aid position.
(6) A Type 1 or Type 2 occupant restraint must be provided at each inboard mobility aid position.
(7) Where a Type 2A occupant restraint is used on a mobility aid, it must be maintained such that the MASOR system must
(a) pass over either the left or right shoulder of the mobility aid occupant, or
(b) be marked to indicate the intended orientation with respect to the right or left shoulder of the mobility aid occupant if the shoulder restraint is designed for only one shoulder.
(8) All seat belt assembly components must meet the requirements of CMVSS Standard 209.
(9) Anchor points for the occupant restraint system must meet the strength requirements of CMVSS Standard 210, and the upper torso anchor point must be maintained within the zone shown in Figure 4 of the Appendix.
(10) If the mobility aid securement system and the occupant restraint system share a common anchor point, the common anchor point must be capable of meeting the loading requirements under subsections (3) and (9) simultaneously.
Protection materials
5 The padding on stanchions, guard rails, exposed stationary parts of lifts and ramps and grab bars and handles, other than those at an entrance to the handi‑bus, must be of the following or another material that offers equivalent protection:
(a) a closed‑cell urethane foam, rubber or vinyl‑type material that is at least 5 millimetres thick;
(b) extruded polyvinyl chloride tubing having a minimum nominal thickness of 13 millimetres.
Exhaust system
6 The exhaust system of a handi‑bus must be maintained so that exhaust will be directed away from the body of the bus and from the loading area.
Rear bumper
7 The rear bumper of a handi‑bus must be attached directly to the chassis frame in a manner that permits it to be removed.
Doors
8 The ambulatory entrance doors of a handi‑bus must meet the following requirements:
(a) there shall be an ambulatory entrance door on the right side of the bus, and where only one mobility aid entrance is provided, it shall not be on the left side of the bus;
(b) the ambulatory entrance doors must be provided with a means to secure them against unintended closing during loading or unloading of passengers;
(c) on a split‑type door, if one section opens inward and the other opens outward, the door must be maintained so that the front section opens outward;
(d) vertical closing edges of a split‑type or jack‑knife type door must be provided with at least a total of 25 millimetres of flexible material between the 2 door panels to minimize the possibility of injury to fingers;
(e) any emergency exits must be provided with a means to secure them against unintended closing during unloading of passengers;
(f) where an ambulatory entrance door opening is less than 1.93 metres in height, it must be padded at the top interior edge;
(g) all doors must be provided with a drip moulding above the door opening to direct water to either side of the opening;
(h) a mobility aid entrance must have the following minimum dimensions, with lift or ramp installed:
(i) 760 millimetres in width;
(ii) 1.4 metres in height.
Steps
9 Steps on a handi‑bus must meet the following requirements:
(a) the step covering material must be skid‑resistant;
(b) there must be a colour stripe, which is in contrast to the background, not less than 38 millimetres and not more than 75 millimetres wide, on the leading edge of the horizontal surface of each step and on the floor surface at the step entrance;
(c) the dimensions of steps at the ambulatory entrance door must be as follows:
(i) the height of the first step must not be higher than 380 millimetres from ground level;
(ii) the height of steps in the bus must not exceed 230 millimetres;
(iii) the variation in the height of steps in the bus must not exceed 25 millimetres;
(iv) the depth of each step (front to back) must be at least 215 millimetres;
(v) the width of each step (side to side) must be at least 400 millimetres;
(d) all steps must be of the same depth, except for auxiliary steps;
(e) step nosing at the floor level must be flush with the floor.
Additional lighting
10 A handi‑bus must be provided with
(a) a light at the lift door that automatically operates when the door opens and illuminates the lift platform or ramp, and
(b) a light above or beside each passenger access door that illuminates the steps and operates automatically when the door opens.
Floor covering
11 Floor covering material must remain skid‑resistant.
Seats
12 All passenger seats must comply with the following:
(a) for a vehicle having a gross vehicle weight rating of less than 7000 kilograms, the mobility aid position must be forward facing;
(b) for a vehicle having a gross vehicle weight rating of 7000 kilograms or greater, the mobility aid position must be forward or rearward facing;
(c) in the case of ambulatory passenger seating:
(i) the distance from the front of each seat back to the back of the seat ahead, measured on a horizontal plane at the centre of the seat cushion’s surface, must be at least 685 millimetres;
(ii) the minimum rump width allowed for each person must be at least 380 millimetres;
(iii) the height of the seat cushion above the floor must be not less than 400 millimetres nor more than 480 millimetres;
(iv) the depth of the seat must be not less than 380 millimetres nor more than 430 millimetres;
(v) seat cushions must be level or sloped downwards toward the seat back;
(vi) seat backs must be at least 380 millimetres high;
(d) in the case of all passenger seating,
(i) where a passageway is required for movement of a mobility aid, there must be a clear width of at least 760 millimetres between fixed objects, and
(ii) for each seat designated for use by a person with a physical disability, there must be at least a Type 1 occupant restraint provided;
(e) excluding those mounted on seats or doors, the diameter of grab bars or handles must be
(i) not less than 20 millimetres, and
(ii) not more than 50 millimetres if unpadded, or
(iii) not more than 75 millimetres if padded;
(f) the interior of the handi‑bus must be free of all non‑essential projections that could cause injury;
(g) any of the following structures that could cause injury to passengers in their seated position must be equipped with non‑rotating padding:
(i) stanchions;
(ii) grab bars and handles, except those at an entrance to the handi‑bus;
(iii) guard rails;
(iv) exposed stationary parts of lifts and ramps.
Emergency equipment
13 The location of emergency equipment must be clearly marked if it is not visible.
Signs
14(1) A handi‑bus must have affixed to it at the following locations on the handi‑bus an accessibility symbol:
(a) on the rear of the handi‑bus, left of centre;
(b) on the front of the handi‑bus, right of centre;
(c) on both sides of the body of the handi‑bus, just behind the driver’s station.
(2) The accessibility symbol must comply with CSA Standard CAN/CSA B651.
Schedule 5
School Bus Maintenance Standards
Transportation of persons with physical disabilities
1 Sections 2, 3, 4, 5 and 14 of Schedule 4 apply to a school bus, if it is used to transport persons with physical disabilities.
Division 1 Chassis Requirements
Colour
2(1) The chassis and the front bumper of a school bus must be black in colour.
(2) The wheels, rims and grills of a school bus, including the headlight bezels, may be the manufacturer’s standard painted colour or plating if it does not conflict with subsection (4).
(3) Subject to subsection (4), the hood, cowl and fenders of a school bus shall be National School Bus Yellow.
(4) All outside surfaces of a school bus, except glazing material, that are in the direct line of the seated driver’s vision must be painted lustreless black.
(5) For the purpose of establishing the direct line of a seated driver’s vision in subsection (4), the driver’s eye location is that described for a 95th percentile male driver in SAE J941.
Exhaust
3(1) The exhaust system must meet the following requirements:
(a) it must be attached to the chassis, except that the last tailpipe hanger may be attached to the body;
(b) the cross sectional area of the tailpipe must not be reduced after it leaves the muffler;
(c) the exhaust must be directed behind the rear axle away from the body.
(2) Despite section 9(2)(f) of Schedule 2, the tailpipe of a Type B, C or D school bus must extend at least to the rear edge of the rear bumper but
(a) it must not extend farther than 25 millimetres beyond the rear edge, and
(b) it must not be located within 150 millimetres of the left or right of an emergency exit opening.
(3) Despite subsection (2) and in the event that the tailpipe of the school bus cannot be extended to the rear edge of the rear bumper because of obstructions such as fuel tanks, air suspension and rear luggage compartments, the exhaust may terminate at the right side of the body behind the rear axle but the exhaust must not exit directly beneath an emergency exit.
Instruments and instrument panel
4(1) The following instruments of a school bus must function properly:
(a) a speedometer;
(b) an odometer;
(c) an ammeter or voltmeter;
(d) an oil pressure gauge or indicator;
(e) a coolant temperature gauge or indicator;
(f) a fuel gauge;
(g) a high beam headlamp indicator;
(h) a turn signal indicator;
(i) a hazard light indicator.
(2) If a school bus is equipped with air ride suspension, the bus must have the air system pressure gauge properly maintained in accordance with the manufacturer’s specifications.
Steering gear and linkage
5(1) There must not be any modifications made to the steering apparatus of a school bus.
(2) A minimum clearance of 50 millimetres must be maintained between the steering wheel rim and the cowl, instrument panel, windshield or any other surface of a school bus.
Tires
6(1) All tires of a school bus, including any spare tires, must be of the same size and load rating.
(2) Any spare tires of a school bus must be mounted underneath the bus.
Division 2 Body Requirements
Rear bumper
7 The rear bumper of a school bus must be maintained in such a manner that it is properly attached directly to the chassis frame and will prevent hitching and riding on it.
Colour
8(1) Unless otherwise permitted in this Schedule, the school bus body must be National School Bus Yellow.
(2) The rear bumper of a school bus body must be
(a) black, or
(b) covered with black retroreflective material.
(3) Despite subsection (1), outside body trim of a school bus may be painted black.
Service door
9(1) The flexible materials of the vertical closing edges of a service door must not be missing, damaged, hardened or worn so as to be rendered ineffective.
(2) The padding at the top interior edge of the service door opening of a school bus must be maintained to conform with the following requirements:
(a) a minimum 75 millimetres wide;
(b) a minimum 25 millimetres thick;
(c) extend the full width of the door opening.
(3) The manual emergency release mechanism of a school bus must be properly maintained so that it can be operated smoothly from the interior and exterior of the bus.
(4) Subject to section 8, the words “EMERGENCY DOOR RELEASE” must be displayed adjacent to the manual emergency release mechanism of a school bus and must be properly maintained so that they are clearly visible and conform with the following requirements:
(a) the words must be in black lettering;
(b) the lettering must be at least 25 millimetres high;
(c) the stroke width of the lettering must be at least 4 millimetres or 1/6 of the height of the letter, whichever is wider;
(d) exterior lettering must have a yellow background in accordance with section 8(1).
(5) If the exterior emergency release mechanism is located on an area of the school bus body that is coloured black, the exterior lettering identifying and adjacent to the mechanism must be white, yellow or another colour contrasting with the black background.
(6) The service door of a school bus must be properly maintained so that it can be operated smoothly and meet the following minimum dimensions:
(a) 1.727 metres high;
(b) 584 millimetres wide in the case of a Type A bus;
(c) 610 millimetres wide in the case of a Type B, C or D bus.
Emergency exit ‑ general requirements
10(1) All emergency exits of a school bus must meet the original manufacturer’s specifications.
(2) The emergency door, roof hatch or window above the rear divan seat of a school bus must be capable of being opened from the inside and outside of the bus whenever the bus is in operation.
(3) The emergency exit device of a school bus that prevents the operation of the bus if the exit is locked must function properly.
Emergency doors
11(1) The rear emergency door of a school bus must be prevented from swinging to the degree that contact is made with the rear of the bus.
(2) The positive door‑opening device of an emergency door of a school bus must function properly so that it can maintain the door in an open position a minimum of 90 degrees from the bus body.
(3) The padding of an emergency door of a school bus must meet the following requirements:
(a) a minimum 75 millimetres wide;
(b) a minimum 25 millimetres thick;
(c) extend the full width of the top interior edge of the door opening.
(4) There must be no steps on the exterior leading to the emergency door of a school bus.
Safety equipment
12(1) All safety equipment of a school bus such as first aid kits, advance warning triangles and fire extinguishers
(a) must be located within 2 metres of the centre of the top of the driver’s seat cushion,
(b) must be secured by bracketing,
(c) must not require the removal or adjustment of any related objects in order to access or to release the mechanism of the equipment, and
(d) must not be obstructed in such a manner that the equipment cannot be manoeuvred from its mounted position in order to use it.
(2) Despite subsection (1), the first aid kit, advance warning triangles and fire extinguisher of a school bus may be stored in a locked compartment if the compartment
(a) is in a location readily accessible to the driver,
(b) is equipped with a locking device connected to an automatic audible warning signal that notifies the driver that the compartment is locked when the ignition is turned on, and
(c) is clearly labelled to identify the equipment contained in it.
Floor covering
13 The floor covering in the aisle and entrance areas of a school bus must be
(a) skid‑resistant, and
(b) not worn or damaged so as to become a hazard to the passengers.
Heater
14 The heater system of a school bus must be maintained in accordance with the manufacturer’s specifications.
Signage
15(1) The words “SCHOOL BUS” with lettering conforming to the following requirements must appear on the front and rear of the body of a school bus, or on signs attached to the front and rear of the body of the bus:
(a) it must be black in colour;
(b) it must have a National School Bus Yellow background if the lettering is not on the body;
(c) it must be at least 200 millimetres high with a minimum stroke width of 32 millimetres;
(d) it must be placed as high as possible without reducing its visibility;
(e) it must be above the windshield and the rear window not more than 10 degrees off the vertical;
(f) it must be approximately in the same horizontal plane as the 8‑lamp advance warning system and within 200 millimetres of the vertical plane of the red signal lamps.
(2) The words “DO NOT PASS WHEN RED LIGHTS FLASHING” with lettering conforming to the following requirements must be displayed on the rear of a school bus:
(a) it must be at least 75 millimetres but not more than 125 millimetres in height;
(b) the stroke width of the lettering must be at least 1/6 of the height of the letter.
(3) The words describing the type of fuel used by a school bus must be indicated on the body, immediately adjacent to the filler pipe.
Inside height
16 The inside body height of a Type A2, B, C or D school bus must be maintained to have a minimum dimension of 1.8 metres measured at any point on the longitudinal centre line from the front vertical bow to the rear vertical bow.
Alternating flashing warning lamps
17 The alternating flashing warning lamps of a school bus must be properly maintained so that they can be operated in accordance with the manufacturer’s specifications.
Floor level side marker lamps
18 The marker lamps of a school bus must be properly maintained so that they operate in accordance with the manufacturer’s specifications.
Interior lamps
19 The interior lamps of a school bus must adequately illuminate the aisle and entrance areas.
Exterior lamps
20 Where tail lamps, side marker lamps, clearance lamps and identification lamps of a school bus are activated with the daytime running lamp system, the system must be properly maintained so that it operates in accordance with the manufacturer’s specifications.
Mirrors
21 All mirrors on a school bus must function as intended and in accordance with the manufacturer’s specifications.
Body mounting
22(1) The body of a school bus must not
(a) be shifted or separated from the chassis frame, and
(b) have any missing, loose or damaged mounts or fasteners.
(2) The front of the body of a Type C school bus must be properly attached and sealed to the chassis cowl in such a manner as to prevent entry of water, dust or fumes.
Noise suppression
23(1) This section does not apply to the original manufacturer installed equipment accessories contained in the front section chassis of a Type A school bus, if the body of the bus was not manufactured by the front section chassis manufacturer.
(2) The noise suppression switch of a school bus must be properly maintained so that the switch will simultaneously disable the following accessories, if the bus is equipped with such accessories:
(a) windshield and window defroster fans;
(b) driver and passenger heater fans;
(c) circulation fans;
(d) powered roof ventilation;
(e) air‑conditioning systems;
(f) radios and radio speaker.
(3) The noise suppression switch of a school bus must be
(a) identified with the words “NOISE SUPPRESS” or “NOISE SUPP” on or adjacent to it, and
(b) located within easy reach of a seated driver.
(4) Speakers used for music or entertainment must not be located within 2 passenger seating rows of the driver’s seating position in a school bus.
Rub rails
24 Rub rails of a school bus must not be
(a) missing,
(b) damaged so as to have sharp edges, or
(c) visibly separated from the school bus body.
Steps
25(1) The surface of steps in a school bus must be properly maintained so that it
(a) remains skid‑resistant, and
(b) is not worn or damaged so as to become a hazard to the passengers.
(2) The lamp on the stepwell of a school bus must provide adequate illumination.
(3) Subsection (2) does not apply to a Type A school bus.
Stirrup steps
26 The stirrup step of a Type C or Type D school bus must be properly maintained in accordance with the manufacturer’s specifications.
Stop arm
27 The stop arm, including the tie‑in switch to the door mechanism, must operate smoothly and in accordance with the manufacturer’s specifications.
Crossing arm
28 The crossing arm of a school bus must meet the following requirements:
(a) it must be located at the right front corner of the chassis;
(b) it must extend a minimum of 1.80 metres forward of the right front face of the chassis bumper;
(c) it must automatically open to its fully extended position whenever the school bus stop arm is activated;
(d) it must return to its park position when the stop arm is deactivated;
(e) it must be electrically operated or air‑operated;
(f) it may incorporate an override system to allow for off‑street or confined parking.
Sun visor
29 The sun visor in a Type B, C or D school bus must be properly maintained in accordance with the manufacturer’s standards.
Undercoating
30 The rust proofing compound on the underside of a school bus must not be missing in whole or in part, or be cracked, broken or worn so as to render it ineffective.
Ventilation
31 The ventilation system, including the static‑type exhaust ventilators and circulation fans, must be properly maintained in accordance with the manufacturer’s specifications.
Schedule 6
Driveaway or Towaway Requirements
Definitions
1 In this Schedule,
(a) “full mounted” means an operation in which a commercial vehicle transports another motor vehicle where all wheels of the transported motor vehicle are on the transporting vehicle;
(b) “saddle‑mount” means a device that is used in a driveaway or towaway operation to perform the functions of a conventional fifth wheel and is designed and constructed so that it is readily detachable.
Means of towing
2 No means of towing other than a tow‑bar or saddle‑mount may be used for towing in a driveaway or towaway operation.
Number in combination
3(1) Not more than 3 vehicles in combination may be towed at the same time by saddle‑mounts.
(2) Not more than one vehicle may be towed at the same time by means of a tow‑bar.
Carrying vehicles on towed vehicles
4(1) A vehicle hauling a full mounted vehicle may not be towed by means of a tow‑bar.
(2) No vehicle may be full mounted on a vehicle towed by means of a saddle‑mount unless the centre of the rear axle of the full mounted vehicle lies forward of the centre line of the rear axle of the saddle‑mounted vehicle.
Front wheel restraint
5 The front wheels of a vehicle towed by means of a saddle‑mount must be removed or restrained if, under any condition of turning of the wheels, they would project beyond the widest part of either the towed or towing vehicle.
Front end mount
6 A vehicle towed by means of a saddle‑mount must be towed with the front end mounted on the towing vehicle unless the steering mechanism is adequately locked in a straight‑forward position.
Tracking
7 A saddle‑mount must be designed, constructed, installed and maintained so that the towed vehicle or vehicles will follow in the path of the towing vehicle without swerving and will not deviate more than 76 millimetres to either side of the path of the towing vehicle when moving in a straight line.
Frame bending
8 Where necessary, blocks must be inserted inside the frame channel of the towing vehicle to prevent kinking of the frame of the towing vehicle.
Location of saddle‑mount
9 No saddle‑mount must be located at a point to the rear of the centre line of the rear axle or axles of the towing vehicle.
Upper half of saddle‑mount
10(1) The upper half of a saddle‑mount must meet the requirements of this section.
(2) The upper half must be securely attached to the axle of the towed vehicle by means of a pivot block and jaw assembly, U‑bolts or other means providing at least equivalent security.
(3) In addition to any fifth wheel or frame type saddle‑mount, each piggyback unit must be secured by safety chains of equivalent strength as the saddle.
(4) The safety chains in subsection (3) must be
(a) attached in such a manner that significant side‑to‑side motion will be prevented should the saddle‑mount bracket loosen, and only provide sufficient slack to allow normal articulation between the mounted unit and towing unit,
(b) assembled using proper hooks, clevises or pins, and
(c) Transport 7‑Grade 7 chain.
Lower half of saddle‑mount
11(1) Adequate provision must be made by design and installation to ensure against any movement between the lower half of the saddle‑mount and the towing vehicle.
(2) To prevent marking or scratching of the frame, blocks of suitable material may be used between the lower half of the saddle‑mount and the frame of the towing vehicle.
Tow‑bar requirements
12(1) A tow‑bar must be properly installed and adequate means must be provided for securely fastening the tow‑bar to the towed and towing vehicles.
(2) The tow‑bar must be designed, constructed, mounted and maintained so as to cause the towed motor vehicle to follow substantially in the path of the towing vehicle and so as not to permit the towed vehicle to deviate more than 76 millimetres to either side of the path of the towing vehicle when moving in a straight line.
Safety chains and cables
13(1) A vehicle that is towed by means of a tow‑bar must be connected to the towing motor vehicle by means of at least 2 safety chains or cables.
(2) The safety chain in subsection (1) must be Transport 7‑Grade 7 chain, or shall have a strength at least equal to Transport 7‑Grade 7 chain.
(3) The chains or cables must be crossed underneath the tow‑bar and attached to the chassis of both motor vehicles near the points of attachment.
Brake requirements
14(1) If so equipped, the brakes on every axle in contact with the ground must be actuated via the truck‑tractor’s service line.
(2) If so equipped, the spring brakes on every axle in contact with the ground must be actuated via the truck‑tractor’s supply line and automatically applied on failure of the supply line.
Lamps
15(1) Any required lamps of the rear mounted or towed vehicle must be operational.
(2) The tail lamps, side marker lamps, clearance lamps, turn signal lamps and brake lamps of rear piggyback units must be operational.
Schedule 7
Commercial Vehicle Restrictions
1 For the purposes of section 17(5)(b), the highways or portions of highways on which a commercial vehicle may not be operated except to cross the highway are as follows:
(a) Highway 1 from the border of Banff National Park to the Alberta‑Saskatchewan border;
(b) Highway 2 from the City of Edmonton to the Town of Fort Macleod;
(c) Highway 3 from the British Columbia‑Alberta border to the City of Medicine Hat;
(d) Highway 4 from the City of Lethbridge to the Alberta‑United States border;
(e) Highway 16 from the border of Jasper National Park to the Alberta‑Saskatchewan border;
(f) Highway 16A from the junction with Highway 16 to the western limit of the City of Edmonton;
(g) Highway 43 from Highway 16 to the City of Grande Prairie;
(h) Highway 216 from the northwest corner of section 9, township 52, range 23, west of the 4th meridian to the northwest corner of section 9, township 53, range 23, west of the 4th meridian.
Appendix
Figure 1
Accessibility Symbol
Figure 2
Clear Zone Around a Mobility Aid Position when an Upper Torso Restraint is Not Used
Side View Front View
Figure 3
Clear Zone Around a Mobility Aid Position when an Upper Torso Restraint is Used
Side View Front View
Figure 4
Location of Anchor Points for an Upper Torso Restraint Belt
Side View Front View
R = Distance between the seating reference plane and upper anchor point.
