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Governor in Council Public Passenger Motor Carrier Act Regulations

made under subsection 27(3) of the

Motor Carrier Act

R.S.N.S. 1989, c. 292

O.I.C. 92-1258 (December 22, 1992), N.S. Reg. 284/92

as amended up to O.I.C. 2007-568 (October 30, 2007), N.S. Reg. 414/2007


Citation and application

1     (1)    These regulations may be cited as the “Governor in Council Public Passenger Motor Carrier Act Regulations”.

 

       (2)    These regulations apply

 

                (a)    to public passenger vehicles; and

 

                (b)    in respect of public passenger vehicles, to

 

                         (i)     motor carriers, and

 

                         (ii)    drivers.

 

       (3)    These regulations are in addition to the Board Regulations.


Interpretation

2     In these regulations,

 

                (a)    “Act” means the Act as defined in the Board Regulations;

 

                (b)    “applicant” means an applicant as defined in the Board Regulations;

 

                (c)    “application” means an application as defined in the Board Regulations;

 

(d)“Board” means the Board as defined in the Board Regulations;

 

                (e)    “Board Regulations” means the Board Public Passenger Motor Carrier Act Regulations;

 

                (ee)  “C.C.M.T.A” means the Canadian Council of Motor Transport Administrators;

Clause 2(ee) added: O.I.C. 2007-568, N.S. Reg. 414/2007.

 

(f)“Clerk” means the Clerk as defined in the Board Regulations;

 

                (g)    “commercial vehicle” means a commercial vehicle as defined in the Board Regulations;

 

                (h)    “commercial vehicle license” means a commercial vehicle license as defined in the Board Regulations;

 

                (i)     “driver” means a driver as defined in the Board Regulations;

 

                (j)     “owner or operator” means an owner or operator as defined in the Board Regulations;

 

                (k)    “rental vehicle” means a rental vehicle as defined in the Board Regulations;

 

                (l)     “parcel express” means parcel express as defined in the Board Regulations;

 

                (m)   “physically disabled school pupil” means a physically disabled school pupil as defined in the Board Regulations; and

 

                (n)    “taxicab” means a taxicab as defined in the Board Regulations.

Section 2 replaced: O.I.C. 2002-571, N.S. Reg. 153/2002.


Procedure and forms

3     Service of any notice originating a proceeding under Sections 19 and 22 of the Act shall be by personal service or by registered mail.

 

4     Publication of notices and service of notices or other documents may be proved by affidavit.

 

5     A certificate of an inspector appointed under the Act required by the Board Regulations shall be in the form required by the Board.

Section 5 replaced: O.I.C. 2007-568, N.S. Reg. 414/2007.

 

6     A license issued by the Board under the Act may be issued in the form required by the Board.

Section 6 amended: O.I.C. 2007-568, N.S. Reg. 414/2007.

 

7     An application for a replacement of an identification plate shall be in the form and containing the information required by the Board.

Section 7 amended: O.I.C. 2007-568, N.S. Reg. 414/2007.

 

8     A temporary authority granted by the Board under Section 9 of the Act may be in the form required by the Board.

Section 8 amended: O.I.C. 2007-568, N.S. Reg. 414/2007.

 

9     A certificate of authorization issued by the Board may be in the form required by the Board.

Section 9 amended: O.I.C. 2007-568, N.S. Reg. 414/2007.


Drivers of public passenger vehicles

10   Every driver of a public passenger vehicle shall have in the driver's possession a valid certificate of authorization required under the Board Regulations.

 

11   No driver of a public passenger vehicle shall, during or within ten hours before the driver's working hours, consume liquor as defined in the Liquor Control Act.

 

12   The driver of a public passenger vehicle before crossing the track of a railway at grade shall bring the vehicle to a full stop so that the front of the vehicle is not less than 4.6 m (15 ft.) and not more than 9.1 m (30 ft.) from the nearest rail and shall proceed over the track with the vehicle in low gear when satisfied that it is safe to proceed.

 

13   No driver of a public passenger vehicle shall, outside a city or town, follow any other vehicle at a distance of less than 61 m (200 ft.).

 

14   (1)    Except where loading stations or points have been established by provincial or local traffic authorities, the driver of a public passenger vehicle shall select loading stations or points with due regard for traffic and pedestrians' safety and wherever possible such stations or points shall be off the main travelled portion of the highway.

 

       (2)    Despite subsection (1), the driver of a school bus shall not stop the bus for the purpose of taking on or discharging passengers at

 

                (a)    more than three places in 1.6 km (l mile); or

                (b)    a place that has not been designated as a loading station by a school board or other authority by or on whose behalf the bus is operated.

 

15   The driver of a public passenger vehicle shall bring the vehicle to a full stop before loading or unloading passengers.

 

16   No driver of a public passenger vehicle shall leave the same upon a highway unattended unless the engine has been shut off, the parking brake has been securely set, and all other reasonable precautions have been taken to prevent the movement of such vehicle while so unattended.

 

17   No driver of a public passenger vehicle shall cause or permit the vehicle to be fuelled with passengers aboard in a closed building or fuelled more frequently than is necessary during a run.

 

18   No driver of a public passenger vehicle shall collect fares, make change, take on or discharge passengers while the vehicle is in motion.

 

19   (1)    No driver of a public passenger vehicle that provides a general service, route service or regular service shall at any time carry more than 50% more passengers than [the] seating capacity of the vehicle, or permit a person other than the driver to occupy the portion of the vehicle assigned for the driver’s use.

 

       (2)    No driver of a public passenger vehicle that provides a contract service, specialty area service or irregular service shall at any time transport more passengers than the designated seating capacity of the vehicle.

 

       (3)    A driver of a public passenger vehicle that has passenger seats that are equipped with seat belts or an approved restraint system shall ensure that the seat belts or restraint system are worn by the passengers when the vehicle is in motion on the highway.

Section 19 replaced: O.I.C. 2007-568, N.S. Reg. 414/2007.

 

20   The driver of a public passenger vehicle on stopping the vehicle at a rest station shall announce to the passengers the duration of the stop and that rest rooms are available.

 


21   The driver of a public passenger vehicle shall perform a trip inspection and make a certified record of the inspection prior to the vehicle's first trip of the day in accordance with the regulations under the Motor Vehicle Act.

 

22   (1)    Except where authorized by the Nova Scotia Utility and Review Board, no person shall drive a public passenger vehicle that is being used for the transportation of passengers with a trailer or other vehicle attached to it.

Subsection 22(1) amended: O.I.C. 97-429, N.S. Reg. 79/97.

 

       (2)    No person shall tow a public passenger vehicle in which there are passengers.

 

23   (1)    The driver of a public passenger vehicle shall carry any person who boards at any regular stopping place and tenders the regular fare, to any regular stopping place on the designated route of the vehicle unless, at the time of boarding, the vehicle is filled to the passenger capacity permitted by these regulations.

 

       (2)    The driver of a public passenger vehicle may refuse to provide or continue to provide transportation to a person who is in an intoxicated or unfit condition, behaving in a boisterous or disorderly manner or using profane or obscene language.

 

24   No driver of a public passenger vehicle shall carry or permit to be carried in a public passenger vehicle baggage or parcel express that would cause discomfort or inconvenience to passengers or interfere with the safe operation of the vehicle, or any explosives, inflammable substances or any other dangerous articles excepting gasoline or other fuel used for the locomotive power of the vehicle and carried in a tank of the vehicle.

 

25   No driver of a public passenger vehicle shall cause the vehicle to leave the place or point from which it is scheduled to start any trip until the time fixed for starting the trip on the time-table, or cause the vehicle to pass any intermediate point on its route before the time fixed by the time-table.

 

25AA driver shall submit any public passenger vehicle that is the driver’s charge, or that the driver is operating, for inspection and testing by an inspector in accordance with Section 24 of the Board Regulations at any time when requested by an inspector to do so, and shall provide any facilities and assistance as the inspector considers necessary.

Section 25A added: O.I.C. 2007-568, N.S. Reg. 414/2007.

 

26   Every driver of a public passenger vehicle upon a highway shall ensure that the vehicle is equipped as required by the Motor Vehicle Act and the Act.


Drivers of commercial vehicles

26A(1)    A driver shall

 

                (a)    when requested by an inspector to act pursuant to these regulations, give the inspector all reasonable assistance within the driver’s power to enable an inspector to carry out the inspector's duties;

 

                (b)    hold a Class 4 driver’s license or higher class of license, in accordance with the Motor Vehicle Act; and

 

                (c)    supply the owner or operator of the commercial vehicle to be driven by the driver a certified copy of an abstract of the driving record of the driver, prior to being employed by the owner or operator and annually thereafter.

 

       (2)    A driver shall not permit any person to smoke in the commercial vehicle.

 

       (3)    If an inspector considers it necessary, the inspector may make any reasonable request of a driver for assistance in fulfilling the inspector’s duties with respect to this Section or Section 26B or 26C and the driver shall comply with the request.

 

       (4)    A driver shall not carry in the commercial vehicle

 

                (a)    baggage or parcel express that would cause discomfort or inconvenience to passengers or interfere with the safe operation of the vehicle; or

 

                (b)    explosives, inflammable substances or any other dangerous articles except for gasoline or other fuel that is used for the locomotive power of the vehicle and is carried in a tank of the vehicle.

 

       (5)    The driver of a rental vehicle shall keep a copy of the lease agreement for the rental vehicle in the driver’s possession at all times while operating the rental vehicle.

 

       (6)    A driver shall not permit more passengers to be transported in a commercial vehicle than are allowed by the manufacturer’s designated seating capacity or otherwise as may be established by law.

 

       (7)    Nothing in this Section or Section 26B or 26C precludes or exempts a driver from compliance with or performance of any other mandatory inspection required by any other enactment.

Section 26A added: O.I.C. 2002-571, N.S. Reg. 153/2002.


Daily inspection requirements and reporting requirements for commercial vehicles

26B (1)    A driver shall inspect the commercial vehicle or cause it to be inspected daily prior to its first trip of the day.

 

       (2)    Where a trip is a continuous trip involving more than 1 day, the daily inspection shall take place no later than the first rest stop of each subsequent day.

 

       (3)    An inspection pursuant to subsection (1) shall include an inspection in accordance with Schedules I and II of Appendix “A”.

 

       (4)    A person who inspects a commercial vehicle pursuant to subsection (1) or (2) shall, immediately upon completion of the inspection, record in an inspection report, which shall be completed in duplicate, any safety-related defects in the items referred to in Schedules I and II of Appendix “A”, and if none, indicate so in the report.

 

       (5)    An inspection report required by subsection (4) shall include the following components:

 

                (a)    the name of the owner or operator of the commercial vehicle;

 

                (b)    the make of the commercial vehicle;

 

                (c)    the number plate or unit number of the commercial vehicle;

 

                (d)    a list of the items to be inspected as set out in Schedules I and II of Appendix “A”; and

 

                (e)    a remarks section.

 

       (6)    In addition to any defects noted in an inspection required by subsection (1) or (2), the driver shall, at any time during or at the end of the day of the inspection, record in the remarks section of the inspection report required by subsection (4) any defects the driver observed while in charge of the vehicle during that day.

 

       (7)    Prior to operating a commercial vehicle, the driver shall effect repair of any defects listed in the inspection report for that commercial vehicle that would be likely to affect the safe operation of the vehicle.

 

       (8)    A driver shall not operate a commercial vehicle that has any defects listed in the inspection report that would be likely to affect the safe operation of the vehicle.

 

       (9)    A person who repairs any defect in accordance with subsection (7) shall record in the appropriate inspection report the date on which the repair is completed and shall sign the entry in the report.

Section 26B added: O.I.C. 2002-571, N.S. Reg. 153/2002.


Hours of work requirements - driver of a commercial vehicle

26C(1)    In this Section,

 

                (a)    “adverse driving conditions” means conditions that adversely affect the driving of a commercial vehicle and includes snow, sleet, ice and fog conditions and any other unfavourable atmospheric, road or driving conditions, none of which were apparent or known by the driver or the dispatcher on the basis of existing information at the commencement of the trip;

 

                (b)    “daily log” means a daily record that covers a 24-hour period and provides the information required to be kept pursuant to subsections 26D(3) and (4), and includes mechanical or electronic records for that period produced by a device permitted under subsection 26D(10);

 

                (c)    “driving” means at the controls of a commercial vehicle being driven on a highway;

 

                (d)    “duty status” means, in respect of a driver, any of the following:

 

                         (i)     off duty,

 

                         (ii)    driving, or

 

                         (iii)   on duty, other than driving;

 

                (e)    “out of service” means the status of a driver with respect to whom an inspector makes a declaration pursuant to subsection (14); and

 

                (f)    “24-hour period” means a period of any 24 consecutive hours beginning at the time designated by the owner or operator for the terminal from which a driver is normally dispatched.

 

       (2)    Any reference in this Section to a number of consecutive days means a number of consecutive days commencing at the beginning of any 24-hour period.

 

       (3)    The hours on duty of a driver include the time spent by the driver

 

                (a)    inspecting, servicing, repairing, conditioning or starting a commercial vehicle;

 

                (b)    driving a commercial vehicle;

 

                (c)    travelling as a co-driver;

 

                (d)    participating in the loading or unloading of a commercial vehicle;

 

                (e)    inspecting or checking the load of a commercial vehicle;

 

                (f)    waiting, at the request of the owner or operator, for the driver's commercial vehicle to be serviced, loaded or unloaded;

 

                (g)    waiting for the driver's commercial vehicle or load to be checked by an inspector or police officer;

 

                (h)    travelling as a passenger in a motor vehicle, at the request of the owner or operator, to a work assignment that will begin before the driver has had 8 consecutive hours off duty;

 

                (i)     waiting at an en route point because of an accident or other unplanned event; or

 

                (j)     performing any other work in the capacity of or employ of an owner or operator or any other work for the purpose of gain.

 

       (4)    Subject to subsections (6), (7), (9), (12) and (13), a driver shall not drive

 

(a)more than 13 hours following at least 8 consecutive hours off duty;

 

                (b)    after completing 15 hours on duty following at least 8 consecutive hours off duty;

 

                (c)    after completing 60 hours on duty during any period of 7 consecutive days;

 

                (d)    after completing 70 hours on duty during any period of 8 consecutive days; or

 

                (e)    after completing 120 hours on duty during any period of 14 consecutive days.

 

       (5)    During the 14-day period referred to in clause (4)(e), the driver shall be off duty for a minimum 24-hour period prior to accumulating 75 hours on duty.

 

       (6)    Once in every 7 consecutive days, the driver’s hours off duty immediately prior to driving may be reduced to not less than 4 consecutive hours if the total number of hours off duty prior to commencing the next period is not less than 8 hours plus the number of hours by which the driver's hours off duty was reduced.

 

       (7)    The number of occasions during any period of 7 days when the driver does not have at least 8 consecutive hours off duty prior to driving shall not exceed one.

 

       (8)    Despite subsection (6), where an inspector is of the opinion that a reduction in the number of hours off duty permitted by subsection (6) is jeopardizing or likely to jeopardize the safety or health of a driver, the inspector may direct that the driver have a specified number of hours off duty immediately prior to driving.

 

       (9)    The Board may, upon application in writing by an owner or operator in the form and containing the information required by the Board, issue a permit extending any of the limitations set out in subsection (4) and the permit shall have effect for a period not exceeding 1 year.

Subsection 26C(9) amended: O.I.C. 2007-568, N.S. Reg. 414/2007.

 

       (10)  In issuing a permit under subsection (9), the Board may

 

                (a)    consider any factors it considers relevant; and

 

                (b)    impose such conditions as it considers necessary to ensure that the issue of the permit will not jeopardize the safety or health of any person.

 

       (11)  The Board may, for cause, suspend a permit issued under subsection (9).

 

       (12)  A driver may, in the case of emergency, exceed the driving time and total hours on duty set out in subsection (4) in order to complete a trip or to reach a place offering safety for vehicle occupants and security for the vehicle.

 

       (13)  A driver may, in the case of adverse driving conditions, exceed the driving time and total hours on duty by not more than 2 additional hours only if the trip could have normally been completed within the driving time permitted by this Section.

 

       (14)  An inspector may declare a driver to be out of service if the inspector finds that the driver has violated any of the limits set forth in these regulations with respect to driving time or hours on duty, and the inspector shall immediately notify the driver and the owner or operator of the declaration.

 

       (15)  No driver whom an inspector has declared to be out of service pursuant to subsection (14) may drive a commercial vehicle until the requirements of this Section are met to the satisfaction of the inspector.

Section 26C added: O.I.C. 2002-571, N.S. Reg. 153/2002.


Daily log requirements - driver of a commercial vehicle

26D(1)    In this Section,

 

                (a)    “automatic on-board recording device” means any electric, electronic or electro-mechanical device capable of recording a driver's duty status hours accurately and automatically;

 

                (b)    “home terminal” means the place of business of an owner or operator where a driver who is employed by the owner or operator normally reports for work.

 

       (2)    Unless exempted pursuant to subsection (8), a driver shall maintain a daily log in duplicate for each 24-hour period.

 

       (3)    The daily log required by subsection (1) shall include the following information:

 

                (a)    date;

                (b)    driver's name;

                (c)    odometer reading;

                (d)    total distance driven per 24-hour period;

                (e)    commercial vehicle number plate or unit number;

                (f)    name of owner or operator;

                (g)    signature of driver;

                (h)    name of co-driver;

                (i)     24-hour period starting time, if different from midnight;

                (j)     main office address for each owner or operator; and

                (k)    total hours spent in each duty status, for greater certainty including any hours of work required to be recorded pursuant to another enactment.

 

       (4)    A driver shall incorporate a graph grid in the form set out in Appendix “B” into the driver’s handwritten daily log and shall complete the graph grid in accordance with the following procedures:

 

                (a)    a continuous line shall be drawn between the appropriate time markers for each 24-hour period, recording the periods of time when the driver is off duty, on duty not driving, and driving;

 

                (b)    the name of the municipality, city, town, village or highway location and province or state where each change of duty status occurs shall be recorded; and

 

                (c)    the total hours spent in each duty status shall be entered to the right of the graph grid and the total of the entries shall equal 24 hours.

 

       (5)    If the driver is issued fuel receipts, bills of lading, charter documents and accommodation receipts during a trip, the driver shall retain them and produce them for inspection on the demand of an inspector.

 

       (6)    No driver shall drive a commercial vehicle unless the driver has in the driver’s possession

 

                (a)    copies of

 

                         (i)     the driver’s daily logs for the preceding 7 consecutive days, or

 

                         (ii)    if operating in compliance with clause 26C(4)(e), the driver's daily logs for the previous 14 consecutive days; and

 

                (b)    the driver's current daily log completed to the time at which the last change in duty status occurred.

 

       (7)    A driver shall enter into a daily log the information set out in subsection (3), except for clauses (d) and (k), prior to the commencement of driving on the day to which the log applies, and the information in clauses (d) and (k) on completion of work for that day.

 

       (8)    Subject to subsection (9), a driver shall be exempt from maintaining a daily log while driving a commercial vehicle not travelling beyond a radius of 160 km (100 mi.) from the location at which the driver reports to work if the driver returns to that location and is released from work within 15 hours and the owner or operator maintains and retains for a period of 6 months accurate records of the following:

 

                (a)    the time the driver reports for work each day;

                (b)    the total number of hours the driver is on duty each day; and

                (c)    the time the driver is released from duty each day.

 

       (9)    A driver who is normally exempt under subsection (8) from maintaining a daily log shall, when the driver is driving a commercial vehicle in circumstances where the driver is required to make a daily log, enter in the log the total hours on duty for the period of 7 consecutive days preceding the day on which the driver is required to make a daily log.

 

       (10)  A driver may use an automatic on-board recording device for recording the driver's hours of work if

 

                (a)    the driver has in the driver’s possession true copies of the driver’s daily logs for the preceding 7, 8 or 14 consecutive days, as applicable, which logs may consist of information stored in and retrievable from the automatic on-board recording device, handwritten or computer-generated logs or any combination thereof;

 

(b)the device is capable of displaying

 

                         (i)     hours of driving and hours on duty for each day the device is being used,

 

                         (ii)    available on-duty hours remaining in the 7, 8 or 14 consecutive days, as applicable, or total hours on duty accumulated for the 7, 8 or 14 consecutive days, as applicable, and

 

                         (iii)   the sequential changes in duty status and the times the changes occur for each day the device is being used;

 

                (c)    the driver is capable of preparing a daily log containing the information required under subsection (3) from the device for each day of the 7, 8, or 14 consecutive days, as applicable;

 

                (d)    the device automatically records time and movement for the commercial vehicle;

 

                (e)    all hard copies of the daily logs are signed by the driver certifying the information to be true and correct; and

 

                (f)    daily log forms are available in the commercial vehicle for the driver's use in preparing daily logs.

 

       (11)  A driver shall, within 20 days of working as a commercial vehicle driver,

 

                (a)    if the driver worked for one owner or operator, forward the original of each daily log for the period worked to the driver’s home terminal or to the principal place of business of the owner or operator for whom the driver worked; or

 

                (b)    if the driver worked for more than one owner or operator, forward the original of each daily log for the period worked to the driver’s home terminal or to the principal place of business of the owner or operator for whom the driver worked the greatest number of hours, and a copy of each daily log for the period worked to each additional owner or operator for whom the driver worked.

 

       (12)  A driver who works for more than one owner or operator during a 24-hour period shall, at the end of each 24-hour period worked, forward as soon as practicable to each of the owners or operators for whom the driver worked that 24-hour period a copy of the driver’s daily log.

 

       (13)  No driver shall falsify a daily log or any information that is stored in an automatic on-board recording device, or request, require or permit the daily log or the information to be falsified, nor shall a driver falsify any supporting documents or other information required by this Section.

 

       (14)  For the purpose of compliance with this Section, a driver shall maintain one daily log in respect of a day, whether or not a daily log or part of a daily log is required to be maintained pursuant to another enactment.

Section 26D added: O.I.C. 2002-571, N.S. Reg. 153/2002.


Additional regulations relating to school buses

27   (1)    Section 19 does not apply to applications respecting licenses to furnish school bus services or to school buses.

 

       (2)    Clause (j) of subsection (4) and subsections (6) to (9) do not apply, while providing a school bus service, to

 

                (a)    any carrier operating under the Regional Transit Authority Act and licensed by the Board;

 

                (b)    any licensed public passenger carrier while operating within the municipal boundaries of a city; or

 

                (c)    the Metropolitan Transit Authority.

 

       (3)    Subsections (6) to (9) shall not apply to a school bus equipped with a wheel chair or ramp and only operated to transport physically disabled school pupils.

 

       (4)    In addition to these regulations and the Board Regulations, the following shall apply to the driver of a school bus:

 

                (a)    no driver of a school bus shall permit passengers to stand in a school bus when the vehicle is in motion or at any time permit more passengers to be carried in the vehicle than provided for in the seating capacity rating or permit persons other than pupils, teachers and duly authorized officials to be carried in the school bus while it is transporting pupils to and from schools;

 

                (b)    no driver shall operate a school bus, the gross weight of which when fully loaded, that is to say, the weight of the vehicle plus 68 kg (150 lbs.) for the driver plus 54 kg (120 lbs.) for each of the passengers, exceeds the maximum carrying capacity of the vehicle as established by the manufacturer's rating;

 

                (c)    the driver of a school bus shall endeavour to maintain order among the passengers being transported and shall have authority to order a disorderly passenger to leave the vehicle and shall report any misconduct by passengers and any such action by him [or her] to the appropriate school authorities;

 

                (d)    the driver of a school bus shall not operate the bus for the carriage of passengers when a passenger is standing in the bus or is seated otherwise than on a seat provided for passengers or when an aisle of the bus is obstructed contrary to the regulations made by the Board under the Act;

 

                (e)    the driver of a school bus that is occupied by a number of passengers that is equal to the seating capacity rating of the bus shall not take on another passenger;

 

                (f)    where the number of passengers in a school bus exceeds the seating capacity rating of the bus the driver of the bus before putting it in operation, shall direct a number of passengers equal to the number in excess of the seating capacity rating of the bus to leave the bus;

 

                (g)    even where the number of passengers in a school bus does not exceed the seating capacity rating of the bus, the driver shall refuse to accept additional passengers or may direct passengers to leave the bus when the passengers are of such size or are carrying such articles that an aisle of the bus is or will be obstructed, wholly or partially, by passengers or by articles carried by them;

 

                (h)    when loading or unloading a school bus at a school, the driver shall park the school bus so that the door or doors used for such purpose are next to the school;

 

                (i)     when loading or unloading a school bus, the driver shall not stop the school bus in a position which necessitates the school pupils crossing a street or road between the school and the school bus;

 

                (j)     every school bus driver shall caution the passengers with respect to the instruction in Section 41 of the Board Regulations and shall ensure the strict and prompt compliance with Section 41 by the pupils to whom Section 41 applies;

 

                (k)    the driver of a school bus shall check to ensure that all persons have moved from in front of a stopped school bus before proceeding;

 

                (l)     the driver of a school bus to which subsection (1) of Section 42A of the Board Regulations applies shall

Clause 27(4)(l) amended: O.I.C. 98-79, N.S. Reg. 13/98.

Subclause 27(4)(l)(i) repealed: O.I.C. 98-79, N.S. Reg. 13/98.

 

                         (ii)    provide proof, upon request, of the proper class of driver's license in accordance with the Motor Vehicle Act and provide a driver's abstract at least once annually to the school board,

 

                         (iii)   not permit more passengers to be transported than the manufacturer's designed seating capacity or otherwise as may be established by law,

 

                         (iv)   except where the motor vehicle is leased for less than 30 days, provide proof, upon request, that the vehicle has been inspected on a semi-annual basis by a licensed motor vehicle mechanic,

Subclause 27(4)(l)(iv) amended: O.I.C. 97-308, N.S. Reg. 53/97.

 

                         (v)    except where the motor vehicle is leased for less than 30 days, take a provincially recognized Defensive Driving Course at least once every five years, and if the driver has not taken the Course within five years of being approved to drive a vehicle in accordance with said clause (a), the driver shall take the Course within 90 days of being approved,

Subclause 27(4)(l)(v) amended: O.I.C. 97-308, N.S. Reg. 53/97.

 

                         (vi)   ensure that seat belts will be worn by all passengers, and

Subclause 27(4)(l)(vi) amended: O.I.C. 98-79, N.S. Reg. 13/98.

 

                         (vii)  ensure that the vehicle is driven by a driver who is at least 19 years of age and does not have the status of a newly licensed driver under the Motor Vehicle Act;

Clause 27(4)(l) added: O.I.C. 96-86, N.S. Reg. 27/96.

 

                (m)   the driver of a school bus to which subsection (2) of Section 42A of the Board Regulations applies shall

Clause 27(4)(m) amended: O.I.C. 98-79, N.S. Reg. 13/98.

 

                         (i)     provide proof, upon request, of insurance in accordance with subclause (i) of clause (a) of subsection (2) of Section 42A of the Board Regulations,

Subclause 27(4)(m)(i) replaced: O.I.C. 96-263, N.S. Reg. 72/96; amended: O.I.C. 98-79, N.S. Reg. 13/98.

 

                         (ii)    provide proof, upon request, of a copy of a current motor vehicle inspection for the vehicle,

 

                         (iii)   provide proof, upon request, of a valid driver's license for the class of vehicle to be operated,

 

                         (iv)   not permit more passengers to be transported than the manufacturer's designed seating capacity, or otherwise as may be established by law,

 

                         (v)    ensure that each seating position is equipped with a seat belt assembly as prescribed in the Motor Vehicle Act,

 

                         (vi)   ensure that seat belts will be worn by all passengers, and

Subclause 27(4)(m)(vi) amended: O.I.C. 98-79, N.S. Reg. 13/98.

 

                         (vii)  ensure that the driver of the vehicle is not less than 19 years of age and does not have the status of a newly licensed driver under the Motor Vehicle Act.

Clause 27(4)(m) added: O.I.C. 96-86, N.S. Reg. 27/96.

 

       (5)    When loading or unloading at stops other than at a school, the driver of a school bus equipped to transport only physically disabled school pupils shall stop the school bus off the highway.

 

       (6)    Where a school bus is stopped on a highway for the purpose of taking on or discharging passengers, the driver of the school bus shall activate the red warning lights and stop arm simultaneously, and shall continue to activate the red warning lights and stop arm during the period the school bus is so stopped for such purpose and until those passengers who of necessity must cross the highway have completed the crossing.

 

       (7)    The driver of a school bus in motion on a highway shall activate the amber caution lights approximately 150 m (500 ft) before the school bus comes to a stop on a highway for the purpose of taking on or discharging passengers.

Subsection 27(7) amended: O.I.C. 96-232, N.S. Reg. 64/96.

 

       (8)    Despite subsections (6) and (7), subsections (6) and (7) do not apply to the driver of a school bus approaching a stop, stopped or leaving a stop for the purpose of taking on or discharging passengers on private property that is designed to be and is accessible to the general public for the operation of a motor vehicle.

 

       (9)    The driver of a school bus shall not activate the red warning lights and the stop arm otherwise than as required by subsection (6) and shall not activate the amber caution lights other than as required by subsection (7).


Returns, reports and other data

28   Every motor carrier licensed under the Act, other than a motor carrier licensed to provide specialty school bus service only, shall file with the Board, no later than 120 days following the fiscal year end of the motor carrier, the complete financial statement of the motor carrier certified by an authorized officer of the motor carrier.



Appendix “A”

Daily Inspections


Schedule I - Outside Inspection


The outside of the commercial vehicle shall be inspected to ensure that

 

(a)   all lights and reflectors are equipped and functioning as required under the Motor Vehicle Act and the regulations made thereunder;

 

(b)   wheels and fasteners are free of wheel or rim cracks and defective lock rings, and there are no loose or missing fasteners;

 

(c)   tires have a minimum tread depth of 3.175 mm (4/32 in.), there are no flats, noticeable leaks, visible bumps or bulges, bias and radial tires are not together on same axle, and no tire has contact with any part of the vehicle or any other tire;

 

(d)   the fuel system has no visible leak at any point, there are no missing tank filler caps, and its fuel tank is securely mounted;

 

(e)   the exhaust system has no audible leaks, missing or loose components, or insecure mountings;

 

(f)   the suspension, springs, air bags and controlling attachments are free of any

 

       (i)     cracked, broken, loose or missing axle positioning or fastening parts,

       (ii)    broken or missing spring leaves,

       (iii)   broken coil springs, or

       (iv)   deflated air suspension due to system failure;

 

(g)   the hydraulic brake fluid is at the correct level and is not visibly leaking;

 

(h)   the power steering fluid is at the correct level and is not visibly leaking; and

 

(i)   the mirrors are as required by the Motor Vehicle Act and the regulations made thereunder, and are in good condition and able to be adjusted as intended.



Schedule II - Inside Inspection


The inside of the commercial vehicle shall be inspected to ensure that

 

                (a)    the steering wheel is free of excessive play and looseness;

                (b)    the brake pedal reserve is adequate and there is no fade;

                (c)    the brake booster functions as intended;

                (d)    the brake failure warning light functions as intended;

                (e)    the brake air pressure or vacuum gauge functions as intended and there is

adequate reserve;

                (f)    the low pressure or low vacuum warning signal functions as intended;

                (g)    the windshield washers and wipers function as intended;

                (h)    the windshield and windows afford the driver a clear view;

                (i)     the mirrors are in good condition and able to be adjusted as intended;

                (j)     the defroster and heater function as intended;

                (k)    the horn functions as intended;

                (l)     the driver and passenger seat belts and seat security function as intended;

                (m)   the parking brake is adequate to hold the vehicle in a parked position on any

grade; and

                (n)    the emergency equipment as required by clause 42C(1)(c) of the Board Regulations is in place.

Appendix “A” added: O.I.C. 2002-571, N.S. Reg. 153/2002.




Appendix “B”

Graph Grid

driver1.jpg





Appendix “B” added: O.I.C. 2002-571, N.S. Reg. 153/2002.


“commercial van” replaced with “commercial vehicle”: O.I.C. 2007-568, N.S. Reg. 414/2007.

“rental van” replaced with “rental vehicle”: O.I.C. 2007-568, N.S. Reg. 414/2007.


Forms 1 to 5 repealed: O.I.C. 2007-568, N.S. Reg. 414/2007.