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Securing Loads on Vehicles Regulations

made under subsection 199(3) of the

Motor Vehicle Act

R.S.N.S. 1989, c. 293

O.I.C. 2006-546 (December 14, 2006), N.S. Reg. 226/2006


Interpretation


Citation

1     These regulations may be cited as the Securing Loads on Vehicles Regulations.


Definitions

2     (1)    In these regulations,

 

                (a)    “Act” means the Motor Vehicle Act;

 

                (b)    “carrier” means a carrier as defined in clause 303A(a) of the Act;

 

                (c)    “Department” means the Department of Transportation and Infrastructure Renewal;

[Note: the reference to the Department has been updated in accordance with Order in Council 2007-553 under the Public Service Act, R.S.N.S. 1989, c. 376, effective October 23, 2007.]

 

                (d)    “driver” means a driver as defined in clause 2(l) of the Act;

 

                (e)    “load”, except in the term “working load limit”, has the same meaning as “cargo” in the National Standard;

 

                (f)    “National Standard” means the National Safety Code Standard 10: Cargo Securement, as amended from time to time, published by the Canadian Council of Motor Transport Administrators and assigned ISBN number 0-921795-71-8;

 

                (g)    “sealed load” means a load that is placed within a means of containment so that the driver of the vehicle carrying it does not have access to the load.

 

       (2)    Unless otherwise defined in the Act, terms defined in the National Standard have the same meanings when used in these regulations.


Application of regulations

3     These regulations apply to every vehicle that carries a load on a highway.


Responsibilities of Carriers, Drivers and Shippers


Compliance with regulations

4     (1)    A carrier and each agent and employee of the carrier must comply with these regulations in connection with any vehicle that is owned, leased or otherwise the responsibility of the carrier and that carries a load on a highway.

 

       (2)    A driver must comply with these regulations in connection with any vehicle that is driven, operated or otherwise under the charge of the driver and that carries a load on a highway.


If load secured in carrier’s or driver’s absence

5     (1)    If a shipper of goods or the shipper’s agent or employee loads a vehicle in the absence of the carrier, the carrier’s agent or employee, or the driver, the shipper must ensure that the load is secured in compliance with these regulations.

 

       (2)    If a carrier or the carrier’s agent or employee loads a vehicle in the absence of the driver, the carrier must ensure that the load is secured in compliance with these regulations.


Owner must provide devices and post regulations

6     An owner or lessee of a vehicle engaged in carrying a load on a highway for commercial purposes must

 

                (a)    provide the load-securing devices required by these regulations; and

 

                (b)    post the requirements of these regulations in a conspicuous location so that they are readily accessible to all drivers, or otherwise take steps to ensure that all drivers are made aware of the requirements of these regulations.


Covering Loads


Light-weight or fine particles

7     (1)    Except as provided in subsection (2), a load consisting in whole or in part of light-weight or fine particles that are loosely packed, including any of the following, must be covered entirely by a tarpaulin or other covering so that none of the load can escape from the vehicle:

 

                (a)    sawdust, shavings or wood chips;

                (b)    sand;

                (c)    salt;

                (d)    paper;

                (e)    shredded metal;

                (f)    waste.

 

       (2)    Subsection (1) does not apply to either of the following:

 

                (a)    a vehicle while it is being operated to apply sand, salt, a mixture of sand and salt, or any similar substance to a highway for the purpose of winter highway maintenance;

 

                (b)    a vehicle while it is being operated to collect waste.


Bulk, liquid or semi-liquid materials

8     (1)    Except as provided in subsection (2), a load consisting of bulk, liquid or semi-liquid materials, including any of the following, must be covered entirely by a tarpaulin or other covering so that none of the load can escape from the vehicle:

 

                (a)    firewood, Christmas trees or tree branches;

                (b)    moss or seaweed;

                (c)    gravel, crushed stone or rock;

                (d)    coal.

 

       (2)    Subsection (1) does not apply if the vehicle carrying the load is adequately constructed or loaded to prevent any portion of the load from escaping from the vehicle.


Vehicles Weighing 4500 kg or Less


Application of Sections 10 to 13

9     Sections 10 to 13 apply to a vehicle that has a registered gross vehicle weight of 4500 kg or less and that carries a load on a highway.


Means of securing load

10   (1)    A load carried on a vehicle must be secured by one of the following means to prevent the load from shifting on or falling from the vehicle:

 

                (a)    sides, sideboards or stakes, and a rear endgate, endboard or stakes, each of which

 

                         (i)     is securely attached to the vehicle,

 

                         (ii)    has sufficient strength and height, and

 

                         (iii)   has no opening large enough to permit any of the load to pass through;

 

                (b)    at least 1 tiedown that meets the requirements of Section 11 for each 3.04 linear metres of the load or fraction of 3.04 linear metres, and as many additional tiedowns that meet the requirements of Section 11 as are necessary to secure each part of the load, either by direct contact between the tiedown and the load or contact between the tiedown and dunnage that is in contact with the load;

 

                (c)    any other means that prevents a load from shifting or falling that is similar to, and at least as effective as, the means specified in clauses (a) and (b).

 

       (2)    A tiedown is deemed to comply with the requirements for contact in clause (1)(b) if it meets both of the following criteria:

 

                (a)    it is in contact with the exterior topmost items of the load, or with dunnage that is in contact with the exterior topmost items of the load;

 

                (b)    it securely holds each interior and lower item of the load.

 

       (3)    A means of securing a load on a vehicle required by subsection (1) must be strong enough to prevent the load from shifting in a forward direction when the vehicle decelerates at a rate of 6 m per second or faster.

 

       (4)    This Section does not apply to either of the following:

 

                (a)    a vehicle carrying a load that, because of its size, shape or weight, must be carried on a special-purpose vehicle or must be fastened by special methods, if the load is securely and adequately fastened to the vehicle;

 

                (b)    a vehicle being operated by or on behalf of an authority having jurisdiction and control over a highway to apply materials used in constructing, maintaining or marking lines on the highway.


Tiedowns

11   (1)    The working load limit of a tiedown or tiedown component that is marked by its manufacturer with a numeric working load limit is deemed to be the marked working load limit.

 

       (2)    The working load limit of a tiedown or tiedown component that is not marked by its manufacturer with a numeric working load limit is deemed to be the working load limit of the lowest grade or classification for that type and size of tiedown or tiedown component, as set out in Part 3 of the National Standard.

 

       (3)    The working load limit of a tiedown is the working load limit of the weakest component of that tiedown.

 

       (4)    Each anchor point of a tiedown must be strong enough to sustain the force exerted by the tiedown regardless of the direction of that force.

 

       (5)    A tiedown must not be used in any of the following circumstances:

 

                (a)    the portion of the tiedown that would be used to secure a load has a knot in it;

 

                (b)    any of the tiedown’s components exhibit stretch, deformation, wear or damage beyond the limits specified by the manufacturer;

 

                (c)    the tiedown has been repaired or shortened other than in accordance with the manufacturer’s specifications.

 

       (6)    If a lever-type tensioning device is used on a tiedown, the handle must be locked in place and secured by an adequate secondary means to prevent its inadvertent release.

 

       (7)    Except in the case of steel, fibre or synthetic strapping that is permanently crimped, tiedowns used on a vehicle to secure a load against movement in any direction must be designed, constructed and maintained so that the driver of the vehicle can tighten the tiedowns while in transit.


Timber used in securing loads

12   Timber used on or in a vehicle as dunnage, chocks or cradles or for blocking or bracing must be strong enough so that it will not be split or crushed by the load or the tiedowns.


Inspecting load while in transit

13   (1)    Except as provided in this Section, a driver of a vehicle carrying a load on a highway must periodically and adequately inspect the load and its load-securing devices while in transit, and adjust the load and its load-securing devices as necessary to maintain the security of the load.

 

       (2)    A driver of a vehicle carrying a sealed load is not required to inspect or adjust the sealed load or its load-securing devices if the driver has been ordered not to open the sealed load for inspection or adjustment.

 

       (3)    A driver of a vehicle carrying a sealed load with the means of containment of the load secured or required to be secured to the vehicle must periodically and adequately inspect the means of containment and its load-securing devices while in transit, and adjust the means of containment and its load-securing devices as necessary to maintain the security of the means of containment.

 

       (4)    A driver of a vehicle carrying a load that has been loaded in a manner that makes any portion of the load or its load-securing devices inaccessible is not required to inspect or adjust the portion of the load or load-securing devices that is inaccessible.

 

       (5)    A driver of a vehicle carrying a load that has been loaded in a manner that makes any portion of the load or its load-securing devices inaccessible must periodically and adequately inspect the portions of the load and load-securing devices that are accessible as necessary to maintain the security of the load.


Vehicles Weighing Over 4500 kg


Application of Sections 15 and 16

14   Sections 15 and 16 apply to a vehicle that has a registered gross vehicle weight of more than 4500 kg and that carries a load on a highway.


National Standard adopted by reference

15   The National Standard is adopted with respect to every vehicle that has a registered gross vehicle weight of more than 4500 kg and that carries a load on a highway.


Exemption from National Standard

16   Subsections 5(1) and (2) and Section 9 of the National Standard do not apply to either of the following:

 

                (a)    a vehicle carrying a load that, because of its size, shape or weight, must be carried on a special-purpose vehicle or must be fastened by special methods, if the load is securely and adequately fastened to the vehicle;

 

                (b)    a vehicle being operated by or on behalf of an authority having jurisdiction and control over a highway to apply materials used in constructing, maintaining or marking lines on the highway.