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Commercial Vehicle Trip Inspection and Records

regulations made under Section 303 of the
Motor Vehicle Act
R.S.N.S. 1989, c. 293
O.I.C. 90-944 (July 31, 1990), N.S. Reg. 223/90

Definitions

1 In these regulations

(a) "Act" means the Motor Vehicle Act;

(b) "carrier" means a person who owns, leases or is responsible for the operation of a commercial vehicle;

(c) "commercial vehicle" means

(i) a truck, truck-tractor or trailer or combination thereof exceeding a registered gross vehicle weight of 4500 kg,

(ii) a bus designed, constructed and used for the transportation of passengers with a designated seating capacity of more than ten, including the driver, but does not include a bus when being operated for personal use;

(d) "driver" means a person who drives a commercial vehicle on a highway;

(e) "emergency vehicle" means

(i) a road service vehicle engaged in snow removal or ice control operated by or on behalf of a government agency,

(ii) a vehicle operated by or on behalf of a police force, a fire department, or ambulance and other vehicle classified as an emergency vehicle,

(iii) a vehicle operated by or on behalf of a public utility when performing emergency repair service;

(f) "recreation vehicle" means a vehicle designed as mobile accommodation and used as transportation for personal and recreational purposes without compensation and includes but is not limited to a cabin trailer, collapsible cabin trailer, tent trailer and camping trailer.

2 These regulations do not apply to

(a) an emergency vehicle;

(b) any two or three-axle commercial vehicle not drawing a trailer that is primarily used for the transportation of primary products of a farm, forest, sea or lake, provided the driver or the employer of the driver is the producer of such products;

(c) a commercial vehicle transporting passengers or goods with the object of providing relief in the case of an earthquake, flood, fire, famine, drought, epidemic, pestilence or other disaster;

(d) a recreation vehicle.

Part I - Trip Inspections

3 (1) The driver of a commercial vehicle shall inspect the commercial vehicle or cause it to be inspected on a daily basis prior to its first trip of the day.

(2) Where a trip is a continuous trip involving more than one day, the daily inspection shall take place no later than the first rest stop of the day.

4 An inspection pursuant to Section 3 shall include an inspection of the items set out in Schedules I and II that are part of the commercial vehicle.

5 When completing an inspection pursuant to Section 3, the driver of a commercial vehicle, or the person designated by the driver to inspect the commercial vehicle, shall note in an inspection report any safety related defects in the items referred to in Schedules I and II, or if none, the report shall so indicate.

6 In addition to any defects noted in the inspection required pursuant to Section 3, a driver of a commercial vehicle shall at the end of the day record in the inspection report any defects observed while in charge of the vehicle.

7 An inspection report required under these regulations shall contain the following information where applicable:

(i) motor vehicle---make,

(ii) motor vehicle---number plate or unit number,

(iii) trailer #1---number plate or unit number,

(iv) trailer #2---number plate or unit number,

(v) a list of the items to be inspected as set out in Schedules I and II.

8 Prior to operating a commercial vehicle, a carrier or its agent shall effect repair of any items listed on the vehicle inspection report that would be likely to affect the safety of operation of the vehicle.

9 The person who repairs any defect noted under Sections 5 and 6 shall record in the appropriate inspection report the date on which the repair is completed and shall sign the entry in the report.

10 Sections 5, 6, 7, 8 and 9 do not apply to a commercial vehicle operating within a radius of 160 kilometres of the location at which the driver reported for work if the driver is to return to that location and be released from work.

Part II - Records

11 Every carrier shall maintain or cause to be maintained for each commercial vehicle under the carrier's control the following records:

(a) an identification of the vehicle including company number if the vehicle is so marked, make, vehicle identification number, year and the name of the person furnishing the vehicle where the vehicle is not owned by the carrier;

(b) a record providing the means for establishing the nature and the due date of the various inspections and maintenance operations to be performed;

(c) a record of inspection, repairs and maintenance including the date, odometer reading and nature of the inspection, repair and maintenance; and

(d) a record of modification involving axles or suspensions that affect a manufacturer's gross vehicle weight rating or gross axle weight rating.

12 Every carrier shall keep or maintain at the carrier's principal place of business in Nova Scotia

(a) all records required under Section 11 for a period of six months from the date that the vehicle ceases to be under the carrier's control and in all other cases for a period of two years; and

(b) the inspection report referred to in Section 7, as completed by the driver, for a period of three months from the date on which the report is completed.

Penalties

13 (1) Any person who violates any of the provisions of Sections 4, 6, or 8 of these regulations shall be guilty of an offence and shall be liable to a penalty of not less than fifty dollars.

(2) Any person who violates any of the provisions of Section 11 or 12 of these regulations shall be guilty of an offence and shall be liable to a penalty of not less than one hundred dollars.

(3) Any person who violates any of the provisions of these regulations in respect of which a penalty for the offence is not in these regulations specially provided, shall be guilty of an offence and shall be liable to a penalty of not less than thirty-five dollars.

Schedule I - Outside Inspection

1 All lights and reflectors equipped and functioning as required under the Act and the regulations made thereunder.

2 Wheels and fasteners for wheel or rim cracks, defective lock rings, loose or missing fasteners.

3 Tires for tread depth, flat or noticeable leak, any visible bumps or bulges, mixture of bias and radial tires on same axle, contact with any part of the vehicle or any other tire.

4 Fuel system for a visible leak at any point, tank filler caps not missing, fuel tank securely mounted.

5 Exhaust system for audible leaks, missing or loose components, secure mountings.

6 Fifth wheel for loose, missing or ineffective fasteners, missing, broken or deformed parts in the locking mechanism, operating handle being in closed or locked position when in use.

7 Suspension, spring, air bags and controlling attachments for any cracked, broken, loose or missing axle positioning or fastening parts, broken or missing spring leaves, broken coil springs, deflated air suspension due to system failure.

8 Towing and coupling devices as required by the Act and the regulations made thereunder for missing or unattached safety devices, or safety devices not capable of secure attachment, wear kinks or broken cable strands, improper repairs.

9 Load security for compliance with the requirements of the Act and the regulations made thereunder.

10 Air brake adjustment and connections for absence of braking action on each wheel, missing, broken or loose mechanical components where readily visible, audible air leaks and brake readjustment limits.

11 Hydraulic brake fluid for level and visible leakage.

12 Power steering fluid for level and visible leakage.

13 Mirrors as required by the Act and the regulations made thereunder for condition and adjustments.

Schedule II - Inside Inspection

1 Steering wheel, excessive play, looseness.

2 Brake pedal reserve and fade.

3 Brake booster operation.

4 Brake failure warning light functions as intended.

5 Brake air pressure or vacuum gauge.

6 Warning signal, low pressure or low vacuum.

7 Windshield washer and wipers function as intended.

8 Windshield and windows afford the driver a clear view.

9 Mirrors, adjustment and condition.

10 Defroster and heater function as intended.

11 Horn functions as intended.

12 Driver's seat belt and seat security function as intended.

13 Parking brake adequate to hold vehicle.

14 Emergency equipment as required by the Act and regulations made thereunder for that class of vehicle.

MADE at Halifax, Nova Scotia, this 14th day of May, 1990.

Signed : George Moody
Minister of Transportation and Communications