This is not an official version. POINT IN TIME |
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October 1, 2009 to June 7, 2012 |
CONSOLIDATED
Licensing and Equipment Regulations
Amended by: 46/97 CONSOLIDATED
Licensing and Equipment Regulations
Under the authority of section 195 of
the Highway Traffic Act
and the Subordinate Legislation Revision
and Consolidation Act
, the Lieutenant-Governor in Council makes the following regulations. REGULATIONS
Short title
1.
These regulations may be cited as the
Licensing and Equipment Regulations
.
Definitions
2.
In these regulations
(a)
"Act" means the Highway Traffic Act
;
(b)
"beam of light" means the reflected rays of light which are projected
approximately parallel to the optical axis of the reflector;
(b.1)
"catalytic converter" means a device through which exhaust from a motor is
passed in order to prevent or lessen the emission of a contaminant and which
device would be impaired in its functioning by the use of leaded gasoline as a
fuel for operation of the motor;
(c)
"curb mass" in relation to a vehicle means the actual mass of the vehicle when
unladen but including the body, batteries, loose tools, spare wheels and other
usual equipment and a full supply of water and fuel used for the purpose of
propulsion;
(d)
"height" in relation to a lamp means the perpendicular distance between the
centre of the lamp and the level of the ground upon which the motor vehicle to
which the lamp is attached is standing when the vehicle is not loaded;
(d.1)
"light duty motor vehicle" means a motor vehicle having a gross vehicle weight
of 2,720 kilograms or less but does not include motor cycles;
(e)
"service brake" means a foot brake used as the primary device to control or stop
the movement of a vehicle;
(f)
"tell-tale lamp" means a lamp that gives a clear and unmistakable indication to
the driver of the motor vehicle in which it is installed
(i)
in relation to headlamps, that the headlamps of the vehicle are emitting an
upper beam of light, and
(ii)
in relation to a lamp type turn signal system, that the system is operating; and
(g)
"tire chains" means iron, plastic or steel link chains designed to fit and
fasten over motor vehicle tires and providing more effective or adequate
traction for the wheels of a motor vehicle in conditions of snow or ice than is
provided by conventional summer tires.
Licensing
3.
(1) Where a dealer files with the registrar security that is satisfactory to the
registrar, the registrar may authorize that dealer to issue
(a)
a temporary licence to the owner of a motor vehicle who has
(i)
completed and given to the dealer an application for the licence of the
vehicles, and
(ii)
paid to the dealer the fee prescribed by the minister for the transfer of the
licence; or
(b)
identification plates or markers and a temporary permit to the owner of a motor
vehicle who has
(i)
completed and given to the dealer an application for licensing the vehicles, and
(ii)
paid to the dealer the fee prescribed by the minister for licensing the
vehicles; and
(c)
Rep. by 65/04 s1
(2)
A dealer who under subsection (1) issues
(a)
a temporary permit shall
(i)
complete the temporary permit and give it to the owner of the vehicle, and (ii) within 10 days after issuing that permit, send the application and fee referred to in subsection (1) to the registrar; and
(b)
an identification plate or marker and a temporary permit shall
(i)
complete the temporary permit,
(ii)
record the necessary information in the spaces provided on the marker,
(iii)
give the identification plates or markers and the temporary permit to the owner
of the vehicle, and (iv) within 10 days after issuing that plate or marker and that permit, send the application and fee referred to in subsection (1) to the registrar.
(3)
A temporary permit issued under this section shall expire 120 days after the
date of issue by the dealer. (4) Where a person pays the prescribed fee for registration at a bank, that registration shall be considered to be valid for 40 days from the date of payment of that fee. 145/86 s3;
65/04 s1;
96/06 s1;
89/09 s1
Identification plates
4.
(1) The registrar may issue with every dealer's licence the number of
identification plates that he or she considers necessary for each dealer's
business.
(2)
A dealer to whom identification plates have been issued in accordance with
subsection (1) shall maintain control of the plates and protect them from loss
or theft. (3) The registrar or a person designated by him or her shall audit a dealer at that dealers place of business to (a) determine the security of the licence plates, markers and completed registration forms; and (b) account for and determine the security of the fees collected under section 3.
(4)
A dealer shall, upon receipt of a written request from the registrar or his or
her designate, immediately return to the registrar all fees collected under
section 3 and licence plates, markers and registration forms provided to the
dealer by the registrar. (5) The registrar may suspend the vehicle registration privileges of a dealer who does not comply with subsection (2) or (4).
5.
(1) Where a licence is issued in respect of a motor vehicle or trailer that
vehicle or trailer shall not be offered for sale by a service, municipality,
department or representative referred to in section 17 except to another
service, municipality, department or representative until the licence and
identification plates issued in respect of that vehicle or trailer have been
returned to the registrar.
(2)
On receipt of the licence and identification plates referred to in subsection
(1) the registrar shall immediately cancel that licence.
Markers
6.
(1) The markers that the registrar is empowered to issue by virtue of section 34
of the Act shall be in a distinctive form.
(2)
The owner of a vehicle to whom markers referred to in subsection (1) are issued
shall display one marker on each identification plate issued in respect of that
vehicle in the manner described in the instructions issued with those markers. 145/86 s6;
89/09 s3
Motor vehicle requirements
6.1
A light duty motor vehicle of a model year subsequent to 1988 or if originally
manufactured with pollution control equipment offered for sale, on display for
sale, sold or used in the province subsequent to the commencement of these
regulations, must be equipped with a device in good working order to reduce the
emission of hydrocarbons, carbon monoxide and oxides of nitrogen to the
atmosphere.
Gasoline tank filler inlet
6.2
A motor vehicle manufactured with a catalytic converter incorporated as part of
a system to prevent or lessen the emission of a contaminant shall include as
part of the system a gasoline tank filler inlet that
(a)
allows the insertion of a nozzle spout terminal end that has an outside diameter
not greater than 21.34 millimetres;
(b)
has a restriction preventing the insertion of a nozzle spout terminal end that
has an outside diameter greater than 23.62 millimetres; and
(c)
is designed to pass not more than 700 millilitres of gasoline into the tank when
introduction of gasoline is attempted from a nozzle referred to in paragraph
(b).
Removal or modification prohibited
6.3
A person may not remove or modify or allow to be removed or modified a device
installed in a motor vehicle to reduce or eliminate the emission of a
contaminant into the environment or in the case of a motor vehicle equipped with
a catalytic converter modify or allow to be modified the opening of the fuel
tank or pour leaded gasoline in it.
Maintenance and installation of device or replacement
6.4
In respect of a motor vehicle manufactured with a device to prevent or lessen
the emission of a contaminant, the device or a replacement
(a)
shall be maintained and kept in such a state of repair that it is capable of
performing the function for which it is intended; and
(b)
shall be kept installed on, attached to or incorporated in the motor vehicle in
such a manner that when the motor vehicle is operating, the device functions in
the manner in which it was intended to function.
Equipment required
7.
(1) A person shall not operate a vehicle upon a highway during the period from
one-half hour before sunset to one-half hour after sunrise or when, because of
insufficient light or unfavourable atmospheric conditions, persons or vehicles
on a highway are not clearly discernible at a distance of 150 metres unless the
lamps required by these regulations to be affixed to the vehicle are lighted.
(2)
Notwithstanding subsection (1), where a vehicle is equipped with fog lamps
mounted on opposite sides of the front of the vehicle, lighted fog lamps may be
used in addition to lighted low beam headlamps when there is fog to an intensity
rendering disadvantageous the use of only low beam headlamps.
(3)
A motor vehicle may be equipped with not more than 2 fog lamps affixed at the
front at a height lower than that of the headlamps but not lower than a level of
30 centimetres below the headlamps.
(4)
A fog lamp affixed to a vehicle shall be adjusted so that its beam of light at a
distance of 7.5 metres from the lamp is not higher than a level of 10
centimetres below the level of the centre of the lamp.
(5)
A person shall not park a vehicle upon a highway unless the lamps affixed to it,
other than the parking lamps and tail lamps, are extinguished, dimmed or
depressed.
(6)
A motor vehicle, other than a motorcycle, shall be equipped with either one or 2
headlamps on each side of the front of the motor vehicle.
(7)
A motorcycle shall be equipped with at least one but not more than 2 headlamps
that shall be lighted at all times when the vehicle is in motion upon the
highway.
(8)
A headlamp shall be mounted at a height of not less than 60 centimetres and not
more than 1.4 metres above ground level.
(9)
Height limitation referred to in subsection (8) shall not apply to highway
construction, maintenance and snow clearing equipment so designed and
constructed as to prevent compliance with that limitation.
(10)
A person shall not operate on a highway a vehicle equipped
(a)
with a headlamp that will emit any but white light;
(b)
with a shield or cover that will reduce the output of light from the headlamps;
and
(c)
with a headlamp having a lamp source that will emit light exceeding the vehicle
manufacturer's original equipment specifications unless the lamp source is
approved by the minister and unless the lamp is used and adjusted in accordance
with conditions set out in writing by the minister.
Lighting systems
8.
(1) The headlamps and auxiliary lamps of a motor vehicle, other than a
motorcycle, shall be so arranged that the driver may select lamps capable of
emitting
(a)
an upper beam of light which, regardless of the load on the motor vehicle, will
reveal a person or vehicle at a distance of 100 metres; and
(b)
a lower beam of light that, regardless of the load on the motor vehicle, will
reveal a person or vehicle at a distance of 30 metres but the high intensity
portion of that beam shall not strike the eye of an oncoming driver, and, except in the case of a motor
vehicle manufactured before
(2)
The driver of a motor vehicle equipped with a lighting system referred to in
subsection (1) shall, while operating that vehicle on a highway, control the
lighting system so that the lamps emit only the lower beam of light
(a)
when within 150 metres of an oncoming vehicle; and
(b)
except when overtaking and passing a vehicle when the motor vehicle follows
another within 150 metres, and at all other times, persons and
vehicles on the highway will be rendered visible from a distance sufficient to
enable the motor vehicle to be driven in safety.
Motorcycle equipment
9.
A motorcycle on a highway
(a)
shall be equipped with headlamps so arranged that when the motorcycle is
travelling at a speed of less than 40 kilometres a hour a white light will be
emitted to reveal a person or vehicle at a distance of 30 metres and when the
motorcycle is travelling at a speed of 40 kilometres a hour or more, white light
will be emitted to reveal a person or vehicle at a distance of 60 metres;
(b)
notwithstanding paragraph (a), may be equipped with a lighting system where the
driver of the motorcycle may select an upper or a lower beam of light but, where
the motorcycle is so equipped, the system must conform with the requirements of
paragraph (3)(a) except in relation to a tell-tale lamp; and
(c)
unless a motorcycle is equipped with a lighting system that is referred to in
paragraph (3)(a), the headlamps of the motorcycle shall be affixed and directed
so that when the motorcycle is loaded, none of the high intensity portion of the
beams of light emitted by the headlamps is at a distance of 7.5 metres from the
lamps higher than the height of the lamps.
Tail lamps
10.
(1) Except where provided in subsection (2), a motor vehicle, trailer,
semi-trailer and a vehicle drawn behind or the last of a series of vehicles
drawn behind a vehicle shall be equipped with 2 tail lamps affixed to the rear
as widely spaced laterally as is practical which will emit red light visible
from a distance of 150 metres to the rear.
(2)
Every motorcycle, moped and farm tractor shall be equipped with at least one
tail lamp mounted at the rear of the vehicle which will emit red light visible
from a distance of 150 metres to the rear.
(3)
A tail lamp shall be affixed to a vehicle at a height of not less than 38
centimetres and not more than 1.9 metres.
(4)
A vehicle shall be equipped so that the rear licence plate will be illuminated
by white light emitted from the tail lamp or separate lamp so that in darkness
the licence plate is legible from a distance of 15 metres.
(5)
When the load upon or an integral part of a vehicle operated on a highway
projects to the rear more than 1.5 metres beyond the bed or body of the vehicle,
there shall be displayed at the extreme rear of the load or integral part of the
vehicle, whichever projects the farther
(a)
at a time between one-half hour before sunset and one-half hour after sunrise, a
lamp emitting only red light visible for a distance of 150 metres to the rear of
the vehicle; and
(b)
at other times, a red flag or cloth not less than 30 centimetres square visible
to the driver of a vehicle to the rear of it.
(6)
Subsections (1) and (2) do not apply to an implement of husbandry and subsection
(3) does not apply to highway construction, maintenance and snow clearing
equipment so designed and constructed as to prevent compliance with that
limitation.
Stop lamps
11.
(1) A person shall not sell, offer for sale or operate on a highway
(a)
a motorcycle, moped or farm tractor manufactured and assembled before
(b)
a motor vehicle, other than a motorcycle, moped or farm tractor manufactured and
assembled after
(2)
A trailer or other vehicle shall be equipped with 2 stop lamps.
(3)
A stop lamp affixed to a vehicle
(a)
shall be affixed at the rear of the vehicle or the rear-most vehicle in a train
of vehicles at a height of not less than 38 centimetres and not more than 1.9
metres, and shall include a centre mounted auxiliary stop lamp installed by the
manufacturer;
(b)
shall, upon application of the service brake, emit only red light visible from a
distance of 250 metres to the rear of the vehicle in normal sunlight; and
(c)
may be incorporated in another lamp.
(4)
Subsection (2) does not apply to an implement of husbandry and paragraph (a) in
relation to height of lamp does not apply to highway construction, maintenance
and snow clearing equipment so designed and constructed as to prevent compliance
with that limitation.
Turn signal systems
12.
(1) A person shall not sell, offer for sale or operate on a highway
(a)
a motor vehicle or trailer manufactured or assembled before January 1, 1971,
unless it is equipped with turn signal lamps or mechanical turn signal devices;
and
(b)
a motor vehicle or trailer manufactured or assembled after
(2)
Subsection (1) does not apply to a motorcycle manufactured or assembled before
(3)
A lamp type turn signal system shall
(a)
consist of 2 lamps affixed at the front of the vehicle and 2 lamps affixed at
the rear of the vehicle and be of the manufacture and so affixed and maintained
that the lamps affixed at the front will, at a rate of not less than 60 times
and no more than 120 times in each minute and at which rate the filaments of the
lamp will brighten fully, emit flashes of white or amber light visible from a
distance of 90 metres in normal sunlight and that the lamps affixed at the rear
will emit, at the same rate and at which rate the filaments of the lamps will
brighten fully, flashes of red or amber light visible from a distance of 250
metres in normal sunlight;
(b)
include a tell-tale lamp;
(c)
be affixed at the point where each side of the vehicle meets the front and rear
of the vehicle in such a way that none of the lamp is affixed to the roof of the
vehicle or at a height of not less than 38 centimetres and not more than 2.1
metres; and
(d)
in the case of a motorcycle manufactured or assembled after
(4)
A mechanical turn signal system when in use during darkness shall be illuminated
by light or reflection and be visible from a distance of 90 metres.
(5)
Nothing in this section requires a truck tractor to be equipped with lamps to
indicate an intention to turn on the rear of the tractor if the lamps that are
located at or near the front of the tractor are of double face construction and
are located so that they meet the visibility requirements set out in subsection
(3).
(6)
Paragraph (3)(c) does not apply to highway construction, maintenance and snow
clearing equipment so designed and constructed as to prevent compliance with
those limitations.
Clearance lamps
13.
(1) A motor vehicle or trailer that is 2.05 metres or more in overall width
including any load shall be equipped with
(2)
The clearance lamps required by subsection (1) shall be located so as to
indicate the overall width of the motor vehicle, trailer or load and be
(a)
as close to the top of the motor vehicle, trailer or load as practicable;
(b)
at the same height and symmetrically arranged about the vertical centre line of
the motor vehicle or trailer; and
(c)
visible at night from a distance of 150 metres under normal atmospheric
conditions.
(3)
Notwithstanding subsection (2), the front clearance lamps on a truck tractor may
be located so that they indicate the width of the cab.
(4)
A boat trailer less than 6 metres in overall length, including the tongue, is
considered to comply with subsections (1) and (2) where it is equipped with a
clearance lamp on each side of the trailer that emits an amber light to the
front and red light to the rear and is located so that it indicates the overall
width of the boat and trailer.
(5)
Nothing in this section requires a truck tractor to be equipped with rear
clearance lamps.
(6)
This subsection does not apply to an implement of husbandry.
Identification lamps
14.
(1) A motor vehicle that is 2.05 metres or more in overall width including any
load shall be equipped with
(2)
The lamps referred to in subsection (1) shall be located symmetrically about the
motor vehicle centre line in a horizontal row as close as practicable to the top
of the vehicle so that the lamp centres are not less than 15 centimetres or
greater than 30 centimetres apart.
(3)
A trailer that is 2.05 metres or more in overall width including any load shall
be equipped with 3 red identification lamps on the rear of the trailer that
comply with the requirements of subsection (2).
(4)
This section does not apply to a motor vehicle or trailer that was manufactured
before
(5)
Nothing in this section requires a truck tractor to be equipped with rear
identification lamps.
(6)
Identification lamps shall be capable of emitting light visible from a distance
of 150 metres in normal darkness.
(7)
This subsection does not apply to an implement of husbandry.
Reflex reflectors
15.
(1) A motor vehicle or a trailer shall, on each side, be equipped with
(a)
one amber side reflex reflector as close to the front of the motor vehicle or
trailer, exclusive of the trailer tongue, as is practicable;
(b)
one red side reflex reflector as close to the rear of the motor vehicle or
trailer as is practicable; and
(c)
where the motor vehicle or trailer is greater than 9.2 metres in length, one
amber intermediate side reflex reflector at or near the midpoint of the motor
vehicle or trailer.
(2)
A motor vehicle or a trailer shall be equipped with
(a)
where the motor vehicle or trailer is less than 0.8 metres in overall width, one
red rear reflex reflector on the rear of the motor vehicle or trailer that is
mounted permanently on a rigid part of the motor vehicle or trailer, other than
glazing, and on the vertical centre line of it; or
(b)
where the motor vehicle or trailer is 0.8 metres or greater in overall width,
one red rear reflector mounted permanently on a rigid part of the motor vehicle
or trailer, other than glazing, on each side of the vertical centre line at the
same height above the ground and as close as practicable to the vertical edge of
the rear of the motor vehicle or trailer.
(3)
The reflex reflectors required by subsections (1) and (2) shall be
(a)
located so that the distance between the centre of the reflector and ground
level is not less than 0.4 metres or more than 1.6 metres when the motor vehicle
or trailer is unloaded;
(b)
visible at a distance of 150 metres in normal darkness when the high beam of a
motor vehicle is shone directly towards them; and
(c)
mounted so that its axis is as parallel as is practicable to the longitudinal
axis of the vehicle and so that its aiming plane is vertical in relation to that
axis of the vehicle.
(4)
Paragraph (1)(a) does not apply to a trailer that is less than 183 centimetres
in length including the trailer tongue.
(5)
Paragraph (1)(b) does not apply to a truck tractor.
(6)
Notwithstanding subsection (3), the reflex reflectors required by subsection (2)
may, on a truck tractor, be mounted on the back of the cab not less than 10
centimetres above the top of the rear tires or more than 1.6 metres above ground
level when the truck tractor is unloaded.
(7)
This section does not apply to an implement of husbandry, moped, or traction
engine or a motorcycle manufactured or assembled before
Side marker lamps
16.
(1) A motor vehicle or trailer manufactured on or after
(a)
one amber side marker lamp as close to the front of the motor vehicle or
trailer, exclusive of the trailer tongue, as is practicable;
(b)
one red side marker lamp as close to the rear of the motor vehicle or trailer as
is practicable; and
(c)
where the motor vehicle or trailer is greater than 9.2 metres in length, one
amber intermediate side marker lamp at or near the midpoint of the motor vehicle
or trailer and the lamps shall be located not less than 0.4 metres above ground
level when the motor vehicle or trailer is unloaded.
(2)
Notwithstanding subsection (1), a motor vehicle or trailer that is greater than
9.2 metres in length and was manufactured before
(3)
Paragraph (1)(a) does not apply to a trailer that is less than 183 centimetres
in length including the trailer tongue.
(4)
Paragraph (1)(b) does not apply to a truck tractor.
(5)
This section does not apply to an implement of husbandry, motorcycle, moped or
traction engine.
Hazard lamps
17.
(1) A motor vehicle required to be equipped with lamps in accordance with
subsection 12(1) shall be equipped with vehicle hazard lamps that, when
activated, all flash simultaneously.
(2)
Subsection (1) does not apply to a vehicle manufactured before
(3)
A trailer that is being towed by a motor vehicle to which subsection (1) applies
shall be equipped with vehicle hazard warning lamps showing to the rear and
flash simultaneously with each other and with the vehicle hazard warning lamps
of the towing vehicle.
Backup lamps
18.
(1) A vehicle may be equipped with not more than 2 backup lamps affixed to the
rear of the vehicle each of which will emit white light and no lamp source shall
be of a higher power than that with which the vehicle was originally equipped by
the manufacturer.
(2)
A backup lamp shall not be lighted while the motor vehicle is in forward motion.
Parking lamps
19.
A motor vehicle may be equipped with not more than 2 parking lamps affixed at
the front which will emit only white or amber light and no lamp shall have a
lamp source of a higher power than that with which the vehicle was originally
equipped by the manufacturer.
Dusk and dawn conditions
20.
(1) A person shall not operate, park or leave a vehicle, other than a motor
vehicle, trailer, semi-trailer, bicycle, motorcycle or moped on a roadway or
shoulder of a highway during the period from one-half hour before sunset until
one-half hour after sunrise unless the vehicle is equipped with 2 lamps affixed
in a conspicuous position on the roadway side of the vehicle approximately over
a straight line joining the front and the rear wheels one emitting only a white
or amber light visible from a distance of 150 metres from the front and a red
light visible from a distance of 150 metres to the rear.
(2)
A bus or taxi may be equipped with signs having letters not more than 20
centimetres in height and illuminated by diffused white light.
Other lights
21.
(1) A motor vehicle may not be equipped with a lamp capable of casting a red
light visible from the front or a white light visible from the rear of the
vehicle, except that
(a)
an emergency vehicle and a motor vehicle of the Emergency Measures Organization
may be equipped with 2 red flashing or revolving lamps for use, in the case of
an emergency vehicle, in the circumstances specified in section 123 of the Highway Traffic Act
and in the case of a motor vehicle of the Emergency Measures Organization, when
responding to, but not when returning from, an emergency call or alarm; and
(b)
a school bus shall be equipped with red flashing lights in accordance with the
Bus Regulations
for use in the circumstances specified by section 137 of the Act.
(2)
A motor vehicle may not be equipped with a flashing or revolving lamp capable of
emitting coloured light and mounted on the roof or cabin of the vehicle except
that
(a)
a motor vehicle equipped with a sandspreading device and a traction engine while
being used for the removal of snow from a highway or engaged in highway
maintenance shall be equipped with a lamp producing intermittent flashes of blue
light visible for a distance of 150 metres;
(b)
a motor vehicle equipped with a sandspreading device or a traction engine
engaged in plowing snow from the highway may be equipped with a white light
attached to the rear of the vehicle which will illuminate the roadway but shall
not project a beam of light more than 5 metres on the roadway, to the rear of
the vehicle;
(c)
a towing and wrecking vehicle shall be equipped with not more than 2 amber
revolving or flashing lamps that shall be operated when that vehicle is stopped
on a highway rendering assistance to a disabled vehicle and when engaged in
towing a disabled vehicle on a highway;
(d)
a truck tractor, when towing a trailer or other vehicle with an overall width of
vehicle and load in excess of 2.6 metres and operating under a permit issued by
the minister, shall be equipped with not more than 2 flashing or revolving lamps
which shall be operated at all times when that vehicle is proceeding on a
highway; and
(e)
the minister may issue a permit for the equipping and operation of
distinguishing lamps to emit coloured light other than blue or red light on a
vehicle when, in his or her opinion, the equipping and operation of that
distinguishing lamp is necessary for the safe operation on a highway of such a
vehicle or for the safe movement of a load or object which is to be preceded by
that vehicle.
(3)
Notwithstanding subsection (2),
(a)
a police vehicle;
(b)
a vehicle owned by the federal government and operated by the Department of
Fisheries and Oceans and a vehicle owned by the provincial government and under
the control of an enforcement officer while engaged in the enforcement of the
Fisheries Act
and regulations under that Act;
(c)
a vehicle owned by the provincial government and a vehicle owned by the federal
government and operated by Parks Canada, while engaged in enforcement of the
Highway Traffic Act
and the regulations under that Act;
(c.1)
a vehicle owned by the provincial government and under the control of an
enforcement officer while engaged in enforcement of the
Endangered Species Act
, the Forestry Act
, the Motorized Snow Vehicles and All-Terrain Vehicles Act
, the Wild Life Act
or regulations made under one of those statutes;
(d)
a vehicle owned by the federal government and operated by the Department of
Environment Canada and a vehicle owned by the provincial government and under
the control of an enforcement officer while engaged in enforcement of the
Migratory Birds Convention Act
and regulations under that Act; and
(e)
a vehicle owned by the St. Johns Port Corporation and operated by the
Enforcement Division of that Corporation while engaged in enforcement of the
Corporation By-laws and Traffic Regulations, may be equipped with flashing or
revolving lamps capable of emitting a blue or red light and mounted on the roof
or cabin of the vehicle. 145/86 s7.16; 170/90 s1;
47/99 s1;
65/04 s2
Bicycle or tricycle
22.
A bicycle or tricycle, when in motion on a highway later than one-half hour
before sunset and earlier than one-half hour after sunrise, shall be equipped
with a lamp which shall cast a white light on the road in front and either a red
lamp so fastened as to be clearly visible from the rear or a reflector so placed
as to reflect the headlights of vehicles approaching from the rear.
Horsedrawn wheeled carriage
23.
A horsedrawn wheeled vehicle in motion on a highway during the period one-half
hour before sunset to one-half hour after sunrise shall be equipped with a lamp
affixed to the left side of the vehicle casting a white light to the front and a
red light to the rear.
Spot lamps
24.
(1) A motor vehicle may be equipped with not more than 2 spot lamps.
(2)
Every spot lamp shall be directed when in use so that
(a)
no portion of its beam of light will strike the roadway more than 30 metres
ahead of the vehicle; or
(b)
the top of its beam of light will not strike the roadway more than 30 metres
ahead of the vehicle.
(3)
A person shall not use on a vehicle on a highway a spot lamp having a lamp
source capable of emitting light exceeding 32 candelas, unless the lamp source
is approved by the minister and unless the spot lamp is used and adjusted in
accordance with conditions set out in writing by the minister and those spot
lamps will extinguish when high or low beam headlamps are activated.
(4)
The provisions of this subsection do not apply to an emergency vehicle or to a
vehicle of the Emergency Measures Organization.
Brakes
25.
(1) A person shall not operate on a highway a motor vehicle other than a
motorcycle or moped unless it is equipped with
(a)
an adequate service brake; and
(b)
an adequate emergency or parking brake.
(2)
Each wheel of a motorcycle, moped or self-propelled implement of husbandry shall
be equipped with an adequate service brake.
(3)
Every person driving a motor vehicle on a highway shall on request of a police
officer or an inspector appointed under the Act
(a)
permit the officer to inspect and test the brakes with which the motor vehicle
is equipped and for that purpose to operate the vehicle; or
(b)
at the option of the officer, operate the motor vehicle as directed by the
officer for the purpose of the inspection and testing of the brakes.
(4)
Where the service brake on a motorcycle, moped or an implement of husbandry is
not capable of bringing the vehicle to a standstill in a straight line
(a)
within 12 metres from the point at which the brake was applied while the vehicle
is loaded to its full capacity and moving;
(b)
on a level surface consisting of dry paving of asphalt or concrete free from
loose materials; and
(c)
at a speed of 30 kilometres an hour, the service brakes of the vehicle shall
be considered inadequate.
(5)
Where the service brakes on a motor vehicle, other than a motor vehicle referred
to in subsection (4) or a combination of vehicles, are not capable of bringing
the vehicle or combination of vehicles to a standstill in a straight line
(a)
within a distance of 10 metres from the point at which the brakes were applied
while the vehicle or combination of vehicles is loaded to its full capacity and
moving;
(b)
on a level surface consisting of dry paving of asphalt or concrete free from
loose materials; and
(c)
at a speed of 30 kilometres per hour, the service brakes of the motor vehicle
or combination of vehicles shall be considered inadequate.
(6)
The emergency or parking brake on a motor vehicle or combination of vehicles
(a)
where capable of bringing the motor vehicle or combination of vehicles to a
standstill
(i)
within a distance of 16 metres from the point at which the brake was applied
when the brake is applied while the motor vehicle or combination of vehicles is
loaded to its full capacity and moving,
(ii)
on a level surface of dry paving of asphalt or concrete free from loose
materials, or
(iii)
at a speed of 30 kilometres per hour, shall be considered inadequate; and
(b)
shall be capable of holding the motor vehicle or combination of vehicles at a
standstill while they are fully loaded and facing up or down a 20% grade.
(7)
All brakes shall be maintained in good working order and shall be adjusted so
that the brake pressure on the wheels on each side of the vehicle is as nearly
as possible equal.
(8)
Notwithstanding anything contained in this subsection, an axle configuration as
described in the Vehicle Regulations
shall be equipped with brakes on all wheels of the configuration.
(9)
A person shall not drive or operate a vehicle on a highway unless the brake
tubing and brake hose installed on the vehicle
(a)
will not, upon proper application, impede or adversely affect the operation of
the brakes;
(b)
are of such length and flexibility that no wear or damage results from the
normal movement of the parts of the vehicle to which they are attached;
(c)
are effectively secured against chafing, kinking or other injury; and
(d)
in the case of a vehicle equipped with a vacuum braking system, unless the
vacuum brake, engine manifold connection is at least 9.5 millimetres in
diameter.
(10)
A person shall not drive or operate a vehicle on a highway unless the linings of
the brakes of the vehicle are of that manufacture and design and so installed
and maintained that they are of a thickness adequate for the safe and reliable
operation of the brakes and that they are not subject to excessive fading or
grabbing.
(11)
A bicycle shall be equipped with at least one brake capable of controlling the
movement of and stopping the bicycle.
Tires and wheels
26.
(1) For the purpose of this section
(a)
"bead" means the part of tire made of steel wires, wrapped or reinforced of ply
cords, that is shaped to fit a rim;
(b)
"bias ply tire" means a pneumatic tire in which the ply cords that extend to the
beads are laid at alternate angles substantially less than 90° to the centre
line of the tread;
(c)
"carcass" means the structure of a tire except tread and sidewall rubber;
(d)
"cord" means the strands forming the plies in a tire;
(e)
"groove" means the space between 2 adjacent tread ribs of a tire;
(f)
"ply" means a layer of rubber coated parallel cords;
(g)
"radial ply tire" means a pneumatic tire in which the ply cords which extend to
the beads are laid at substantially 90° to the centre line of the tread;
(h)
"retread tire" is a tire produced by the application of new rubber to a used
pneumatic tire for the purpose of restoration of the tread or rebuilding of the
tire and it may be a tread only or tread and sidewall;
(i)
"rim" means a metal support for a tire or a tire and tube assembly upon which
the tire beads are seated;
(j)
"sidewall" means the portion of a tire between the tread and the bead;
(k)
"sidewall separation" means the parting of the rubber compound from the cord in
the sidewall;
(l)
"tire" includes a spare tire mounted on a rim;
(m)
"tread" means that portion of a tire that comes into contact with the road;
(n)
"tread depth" means the distance measured in the major tread groove nearest the
centre line of the tire from the base of the groove to the top of the tread;
(o)
"tread rib" means a tread section running circumferentially around the tire; and
(p)
"tread separation" means the parting of the tread from the carcass of a tire.
(2)
A person shall not
(a)
operate a vehicle with a mixture of construction types consisting of radial ply
on the front and bias or belted bias tires on the rear; or
(b)
operate a vehicle having a gross or curb mass in excess of 4,500 kilograms with
a mixture of radial and bias ply tires on one axle or on a tandem drive axle
configuration.
(3)
Paragraph (2)(a) does not apply to a vehicle fitted with dual rear tires or to a
temporary spare tire.
(4)
A person shall not operate a motor vehicle with an undersize or overloaded tire
mounted on a rim or with a tire so mounted and exhibiting the following
conditions:
(a)
a cord break or air leak;
(b)
tread damage including cracks, cuts or snags in excess of 25 millimetres in any
direction and deep enough to expose the cords;
(c)
sidewalk cracks, scuffs, cuts or snags to the extent that the cords are damaged
or exposed;
(d)
bumps, bulges or lumps related to tread or sidewall separation or partial
failure of the tire structure including the bead area;
(e)
regrooved or recut treads, except tires identified by the word "REGROOVABLE"
moulded in by the manufacturer;
(f)
flat tire on any assembly;
(g)
an area worn to a point where 2 consecutive tread wear indicators contact the
road in any 2 adjacent grooves;
(h)
in the case of a motor vehicle or trailer with a registered maximum gross mass
or curb mass of 4,500 kilograms or less worn to a point where less than 1.5
millimetres of tread depth remains and in the case of a motor vehicle or trailer
with a registered maximum gross mass or curb mass in excess of 4,500 kilograms
worn to a point where less than 3 millimetres of tread depth remains.
(5)
A person shall not operate a motor vehicle with a rim or wheel that
(a)
is bent, cracked or otherwise damaged; or
(b)
has missing or defective bolts, nuts, logs or locking ring.
Tires for harsh conditions
27.
A person shall not operate a motor vehicle on a highway when there is snow or
ice on the surface of the highway unless
(a)
in the case of a vehicle where the driving power is transmitted from the engine
to the rear wheels, those rear wheels are fitted with tires specifically
designed and designated by the manufacturer as mud and snow tires, or tire
chains; and
(b)
in the case of a vehicle where the driving power is transmitted from the engine
to the front wheels, those front wheels are fitted with tires specifically
designed and designated by the manufacturer as mud and snow tires, or tire
chains.
Studded tires
28.
(1) A person shall not operate on a highway between May 1 and October 31, both
days inclusive, in a year, a vehicle equipped with a rubber tire having metal
studs (studded tires) without a permit issued under section 27.
(2)
Notwithstanding subsection (1), the minister may by proclamation vary the dates
set out in that subsection restricting the use of studded tires.
(3)
The minister or his or her designate may, by permit, allow the operation of an
unladen vehicle equipped with studded tires where the vehicle cannot reasonably
be equipped with another tire and the movement is, in the minister's opinion,
necessary.
Exhaust system
29.
(1) A motor vehicle propelled by an internal combustion engine shall be equipped
with an exhaust system consisting of a series of pipes or chambers which ensures
that the exhaust gases from the engine are cooled and expelled without excessive
noise.
(2)
A person shall not drive or operate a motor vehicle propelled by an internal
combustion engine with a muffler
(a)
that is cut out, disconnected from the engine or is defective;
(b)
from which has been removed a baffle plate or other part;
(c)
the exhaust outlet of which has been opened or widened; and
(d)
to which is attached a device which increases the noise of the expulsion of the
gases from the engine or allows a flame to be emitted from the exhaust system.
Horn
30.
A motor vehicle shall be equipped with an efficient horn which the driver shall
sound wherever it is reasonably necessary to notify pedestrians or others of the
approach of the vehicle.
Excessive smoke
31.
The driver of a motor vehicle shall not permit any unreasonable amount of smoke
to escape from the motor vehicle.
Other equipment
32.
(1) A motor vehicle other than a motorcycle, moped or antique motor vehicle that
is equipped with a windshield shall be equipped with
(a)
a windshield wiper system; and
(b)
a windshield washer system that will clean moisture, road splash and other
opaque material from the outside windshield glazing surface.
(2)
A motor vehicle other than a motorcycle, moped or antique vehicle that is
equipped with a windshield, shall be equipped with a defrosting and defogging
system on each half of the windshield that will clean moisture and frost from
the inside of the windshield.
(3)
Notwithstanding subsection (1), the operator of an antique motor vehicle that is
equipped with a windshield shall ensure that, while the antique vehicle is being
operated on a highway, it is equipped, when weather conditions require, with a
self-operating or manual windshield wiper system that complies with subsection
(4).
(4)
Every motor vehicle shall be equipped with a mirror securely attached to it and
placed in a position that will afford the driver a clear view of the roadway to
the rear and of a vehicle approaching from the rear.
(5)
Where the view afforded by the mirror required under subsection (4) is
obstructed or interfered with, a side rear view mirror shall be attached to each
side of the motor vehicle and shall be placed so as to afford the driver a clear
view of the roadway to the rear and to each side of the motor vehicle.
(6)
The towing vehicle in every combination of motor vehicles shall, when the
trailer or semi-trailer is so designed that it impedes the rear view of the
driver through a mirror as provided in subsection (4), be equipped with 2
mirrors, one affixed to each side of the motor vehicle and both to provide the
driver with a clear view of the roadway to the rear of the combination of
vehicles.
(7)
A motor vehicle and a trailer shall be equipped with mudguards or fenders
adequate to reduce effectively the wheel spray or splash of water from the
roadway to the rear of the vehicle or trailer, unless adequate protection is
afforded by the body of the motor vehicle or trailer or by a trailer drawn by
the motor vehicle.
Windshield replacement
33.
Every motor vehicle, to which a windshield was fitted by the manufacturer, shall
be so equipped and a person shall not replace a windshield or other windows
unless the replacement glass complies with the original manufacturer's
specifications.
Television sets
34.
(1) A person shall not drive on a highway a motor vehicle that is equipped with
a television set
(a)
a part of which is located in the motor vehicle forward of the back of the
driver's seat; or
(b)
that is visible to the driver while he or she is operating the motor vehicle.
(2)
Subsection (1) does not apply to a closed circuit television system consisting
of a camera and a monitor or to a visual display unit used to assist the driver
in the operation of the vehicle.
Bumpers
35.
(1) A passenger car shall be equipped with a front and rear bumper.
(2)
A person shall not install or alter a bumper on a passenger car unless the
design of the bumper is equivalent to and the bumper is mounted in substantially
the same manner as the bumper installed by the manufacturer of the passenger
car.
(3)
A person shall not alter a passenger car so that the main structural component
of a bumper is more than 55 centimetres or less than 35 centimetres above ground
level when the passenger car is unloaded.
(4)
A bumper that has at least 6.25 centimetres of projected vertical facing within
the height restriction referred to in subsection (3), when viewed in elevation,
is considered to comply with that subsection.
(5)
For the purpose of subsections (3) and (4), components that are commonly known
as bumperettes or overriders are not part of the main structural component of a
bumper or of the projected vertical facing.
(6)
Subsection (1) does not apply to passenger cars manufactured before
(7)
A person who operates on a highway a passenger car that
(a)
is not equipped with bumpers as required by subsection (1) and (2); or
(b)
is equipped with a bumper that does not comply with the requirement of
subsections
is guilty of an offence.
Front opening hoods
36.
(1) A motor vehicle that has a hood that opens from the front of the vehicle
shall be equipped with a primary and secondary hood latch mechanism.
(2)
The secondary hood latch mechanism referred to in subsection (1) shall operate
so that it prevents the hood from opening if the primary latch mechanism fails.
(3)
This section does not apply to motor vehicles manufactured before
Hinged doors
37.
(1) A hinged door on a motor vehicle that leads directly to a compartment
containing seating accommodations shall be equipped with a door latch and
striker assembly that has a fully latched closed position and a secondary
latched position.
(2)
Subsection (1) does not apply to a cargo door, sliding door, rolling door,
folding door or a 2-part door that closes by one part latching to the other
part.
(3)
This section does not apply to a motor vehicle manufactured before
Window glazing
38.
(1) A person shall not place or install in a motor vehicle non-transparent,
translucent or opaque material on or in place of the
(a)
windshield glazing; or
(b)
side window glazing that is beside or forward of the driver on the right and
left hand side of the motor vehicle in a manner or to an extent that the motor
vehicle no longer conforms with the requirements of the
Motor Vehicle Safety Act
(
(2)
Subsection (1) does not
(a)
apply to the equivalent replacement of the glazing installed by the manufacturer
of the motor vehicle;
(b)
prohibit the use of clear untinted frost shields; or
(c)
prohibit the use of window stickers as long as they do not impair the operator's
field of vision or otherwise impair the safe operation of the motor vehicle and
are used in accordance with conditions prescribed by the Act.
(3)
The owner of a motor vehicle shall ensure that the view through a frost shield
on the motor vehicle is not impaired by discoloration, scratches or other
damages.
(4)
A person shall not place or install a material on or in place of a window
glazing that by reason of sunlight or the headlights of other vehicles casts a
glare at other vehicles on the highway.
(5)
A person shall not operate on a highway a motor vehicle that contains material
that is prohibited by this section.
Trailers
39.
A person shall not drive or operate on a highway a motor vehicle drawing a
trailer unless
(a)
the draw-bar or other connection between the motor vehicle and trailer will hold
the vehicles together;
(b)
the device which couples the trailer to the motor vehicle is firmly attached to
a structurally adequate integral part of the frame of each vehicle, or, where
the towed vehicle is of a gross vehicle mass of less than 900 kilograms to a
structurally adequate part of the towing vehicle and to an integral part of the
frame of the towed vehicle;
(c)
the vehicles are equipped and connected with an auxiliary coupling device
consisting of a chain or metal cable equal in strength to the principal coupling
device, except that this provision shall not apply where the coupling device is
a fifth wheel and kingpin assembly used to couple a semi-trailer to a truck
tractor and that assembly shall be securely attached to the towing vehicle and
shall not be operated with less bolts than was provided by the manufacturer or
with any cracks or breaks in the securing attachments; and
(d)
in the case of a towing motor vehicle equipped with a fifth wheel assembly, the
jaw closure mechanism and locking components function properly and the frame
assembly is fitted with slide rails mounted to ensure the proper level of
direction of the trailer kingpin to support a secure engagement.
Horse drawn sleigh
40.
A person travelling upon a highway with a sleigh or sled drawn by a horse or
other animal shall have at least 2 bells attached to the harness or to the
sleigh or sled in a manner to give ample warning sound of the approach of the
sleigh or sled.
Speedometer
41.
(1) A motor vehicle other than a traction engine shall be fitted with an
efficient speedometer so constructed and in a position that indicates to the
driver of the vehicle, within a margin of accuracy of plus or minus 10%, the
speed at which the motor vehicle is being driven.
(2)
A speedometer provided in compliance with this section shall at all times be
kept from an obstruction which might prevent it from being easily read by the
driver of the vehicle.
(3)
Every odometer fitted to a motor vehicle shall be maintained in good working
order.
(4)
The minister may, by permit, allow a foreign vehicle that has been previously
registered outside the province and does not comply with this section to be
operated on a highway where, in the minister's opinion, modification to the
vehicle is not practical. 145/86 s25;
46/97 s1
Inspecting and testing vehicles
42.
(1) An inspector may inspect and test a vehicle on a highway or, with the
consent of the owner, on the owner's premises or on the premises where the
vehicle is at the expense of the owner of the vehicle and either before or after
the licence for the vehicle is issued.
(2)
An inspector who considers that a vehicle inspected or tested under subsection
(1) is for any reason dangerous or unfit for use may immediately seize the
licence plates of the vehicle and the registration of the vehicle shall then be
considered suspended in accordance with section 41 of the Act until the time
that the vehicle is repaired or complies with the Act and the regulations and a
satisfactory official inspection certificate under the
Official Inspection Station Regulations
is filed and the registrar reinstates the registration.
(3)
A vehicle suspended on a highway shall be removed from the highway within 24
hours of suspension and costs associated with removal and official inspection of
the vehicle shall be the responsibility of the owner.
(4)
An inspector who causes the registration of a vehicle to be suspended under this
section shall promptly notify the registrar and the registrar shall not
reinstate the registration or return or replace licence plates seized under this
section until the fee referred to in section 35 of the Act is paid. 145/86 s26; 35/95 s1;
89/09 s4
Maintenance of equipment
43.
Equipment required to be fitted to a vehicle by virtue of these regulations
shall be maintained in good and efficient working order by the owner of that
vehicle. Operation of motorcycle 44. (1) A person shall not operate or ride on a motorcycle or moped unless that person wears a helmet that conforms to the requirements of the (a) Canadian Standards Association Standard D 230, Safety Helmets for Motorcycle Riders, as amended, and the helmet shall bear the monogram of the Canadian Standards Association Testing Laboratories;
(b)
United States Federal Motor Vehicle Safety Standard 218, as amended, and the
helmet shall bear the DOT symbol as used by the United States Department of
Transportation; or
(c)
United Nations Economic Commission for
(2)
A helmet required to be worn in accordance with subsection (1) shall be properly
fitted and a chin strap or other fastening device shall be secured.
(3)
Notwithstanding subsection (1), conformity may be made also to standards
prescribed by
(a)
the Snell Memorial Foundation; or
(b)
the British Standards Institution as amended, provided always that a
certificate of approval be affixed to an item to be sold within the province. 145/86 s28;
47/09 s1
Slow moving vehicles
45.
A person shall not operate a slow moving motor vehicle or implement of husbandry
on a highway unless it is equipped with a slow moving motor vehicle warning
device.
New motor vehicles sales
46.
(1) A person shall not sell, offer for sale, have in possession for sale or
deliver for sale in the province a new motor vehicle unless it and its equipment
and components conform to the requirements of the Motor Vehicle Safety Act
(Canada), CMVSS 108 Lighting Equipment and CMVSS 108.1 Headlamps, as amended.
(2)
A person shall not modify or alter a motor vehicle or replace equipment or
components of a motor vehicle in a manner or an extent that the motor vehicle no
longer conforms with the requirements of the
Motor Vehicle Safety Act
(
(3)
A person shall not sell, offer for sale, have in his or her possession for sale
in the province equipment or components for a motor vehicle which do not conform
to the requirements of the Motor Vehicle
Safety Act
(
In-cab controls
47.
A vehicle shall not be equipped with in-cab controls or devices that increase or
decrease mass distribution on an axle of the vehicle unless those controls or
devices are designed to execute a lowering or raising function only.
48.
(1) A person shall not sell, offer for sale, have in his or her possession for
sale or deliver for sale in the province a new mobile home or recreational
vehicle unless it and its equipment and components conform to the requirements
of the Canadian Standards Association, Standard Z 240 MH Series-92 and Z 240 RV
Series-M86 (R1992) Vehicle Requirements for Mobile Homes and Recreational
Vehicles, as amended, and that mobile home or recreational vehicle or equipment
and components shall bear the monogram of the Canadian Standards Association
Testing Laboratories.
(2)
A person shall not modify or alter a mobile home or recreational vehicle or
replace equipment or components of a mobile home or recreational vehicle in a
manner or to an extent that the mobile home or recreational vehicle no longer
conforms with the requirements of the Canadian Standards Association, Standard Z
240 MH Series-92 and Z 240 RV Series-M86 (R1992) Vehicle Requirements for Mobile
Homes and Recreational Vehicles, as amended.
(3)
A person shall not sell, offer for sale, have in his or her possession for sale
in the province equipment or components for a mobile home or recreational
vehicle that do not conform to the requirements of the Canadian Standards
Association, Standard Z 240 MH Series-92 and Z 240 RV Series-M86 (R1992) Vehicle
Requirements for Mobile Homes and Recreational Vehicles, as amended.
49.
A person shall not sell, offer for sale, have in possession for sale, or deliver
for sale in the province new tires unless they conform to the requirements of
the Motor Vehicle Tire Safety Regulations made under the authority of the
Motor Vehicle Tire Safety Act
(
50.
A person shall not sell, offer for sale, have in possession for sale, or deliver
for sale in the province retread tires unless they conform to the requirements
of the Canadian Standards Association, Standard D238.3-M 1986 (Tire Retreading),
as amended.
Repeal
51.
The Highway Traffic (Licensing and Equipment) Regulations, 1986,
ŠEarl G. Tucker, Queen's Printer
(This document includes the corrections made on April 4, 1997, p.427 and June
20, 1997, p.767) |