This is not an official version. POINT IN TIME |
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July 1, 2012 to August 30, 2012 |
CONSOLIDATED NEWFOUNDLAND Carrier Safety Regulations Amended by: 1/04 CONSOLIDATED Carrier Safety Regulations Under the authority of section 197 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 Carrier Safety Regulations . Definitions 2. In these regulations (a) "Act" means the Highway Traffic Act ; (b) "active power unit" means a commercial vehicle that is registered under section 16 of the Act and not under suspension for more than one year, but does not include a trailer; (c) "carrier" means a person that owns, leases or is responsible for the operation of a commercial vehicle; (d) "Code" means the National Safety Code for Motor Carriers adopted by the Canadian Council of Motor Transport Administrators as amended from time to time; (e) "commercial vehicle" means (i) a truck, tractor or trailer or any combination of them exceeding a registered gross vehicle weight of 4,500 kilograms, (ii) a bus, (iii) a school bus, (iv) a school purpose vehicle as defined in the Bus Regulations , or (v) a disabled passenger vehicle as defined in the Official Inspection Station Regulations ; (f) "compliance indicator" means the numerical value specified in these regulations for an inspection defect, accident or conviction; (g) "compliance review" means an inspection and administrative review of a carrier by the registrar, and inspector or other authorized person which may include verifying compliance with the record keeping requirements of these regulations, and random inspections of equipment or records, but does not normally include the audit or cross record verification of records; (h) "driver" means a person who drives a commercial vehicle while in the employ of or on behalf of a carrier; (i) "equivalent offence" means an offence in another jurisdiction which is considered by the registrar to be substantially similar to an offence listed in the Schedule; (j) "facility audit" means a comprehensive inspection and administrative review of a carrier, and includes the audit and cross record verification of records; (k) "fleet suspension" means the temporary suspension of a carrier's safety rating as it applies to all or a portion of the carrier's fleet of commercial vehicles, notwithstanding that the carrier retains a safety rating other than unsatisfactory on that portion of the fleet not under suspension; (l) "long profile" means a comprehensive record of all activity of a carrier under these regulations; (m) "out-of-service" means the designation of a driver or a commercial vehicle as out-of-service by an inspector; (n) "principal place of business" means the street address of a carrier in the jurisdiction in which the carrier has registered its commercial vehicles or at another location where a carriers records or equipment are located; (o) "register", "registered" and registration", unless the context indicates otherwise, means registration under these regulations; (p) "registrar" means the registrar designated under section 4 of the Act; (q) "safety rating" means the safety rating assigned to a carrier under section 11; (r) "schedule" means the schedule attached to these regulations; (s) "short profile" means a summary of a carrier's safety rating and other information prescribed by the registrar; and (t) "total compliance indicator" means the numerical total of a carriers accumulated inspection compliance indicators, conviction compliance indicators and accident compliance indicators. (u) [Rep. by 106/05 s1] (v) [Rep. by 106/05 s1] Exemption 3. The registrar may, in writing, exempt a carrier, a specified group of carriers or specified services from all or a part of these regulations. Registration 4. (1) A carrier or person shall not operate, allow or cause to be operated a commercial vehicle upon a highway unless the carrier responsible for that vehicle (a) has applied to be registered under these regulations and 90 days have not passed since that application was made; or (b) is registered and has a safety rating of "satisfactory-audited", "satisfactory-unaudited" or "conditional". (2) A carrier shall apply to the registrar to be registered as a carrier under these regulations. (3) An application made under subsection (2) shall be in the form, and shall contain the information required by the registrar. (4) An application for registration under subsection (2) shall be submitted to the registrar not more than 60 days after the applicant commences operation as a carrier. (5) Where a carrier fails to submit an application in the form required by the registrar or within the time required under subsection (4), the registrar shall notify that carrier, in writing, that the form has not been submitted and shall extend the time by which the form is to be provided by 30 days. (6) Notwithstanding subsection (1), a carrier to whom subsections (4) and (5) apply may operate or allow the operation of a commercial vehicle for not more than 90 days after that carrier commences operations as a carrier provided that all other requirements of the Act and these regulations are complied with. (7) A carrier shall not register under this Act unless that carrier is in compliance with the Act, these regulations and all other regulations made under the Act. (8) The registrar may (a) refuse to register; (b) register; or (c) register with conditions that he or she may establish, a carrier who applies for registration under subsection (2). (9) The registrar shall issue a code number to a carrier registered under this section. (10) A carrier shall not hold more than one registration, safety rating or code number. (11) A carrier or person who does not comply with subsection (1) is guilty of an offence and is liable on summary conviction to a fine of not less than $200 and not more than $1,000 for each day or part of a day in which the offence continues and each continuance for a day or a part of a day of an offence referred to in this subsection constitutes a separate offence. (12) A carrier who contravenes the provisions of subsection (7) is guilty of an offence and on summary conviction is liable to a fine of not less than $500 and not more than $2,000. (13) In addition to the penalties provided under subsection (11), the registrar may issue a partial or full fleet suspension to a carrier that does not comply with subsection (1), (3), (4) or (5). Duties and powers of registrar 5. (1) For the purpose of monitoring the safety performance of a carrier, the registrar shall maintain a record of the carrier with respect to its (a) convictions, accidents, facility audits, compliance reviews, inspections and warnings; (b) accumulated compliance indicators; (c) [Rep. by 106/05 s3] (d) safety rating; (e) Code number; and (f) other information that the registrar considers necessary. (2) A carrier shall, upon the written request of the registrar and within the time indicated by him or her, provide to the registrar the information that he or she requires. (3) The registrar may, at any time, require a carrier to undergo a facility audit or compliance review. Inspection 6. (1) An inspector authorized to conduct a facility audit, compliance review or other inspection under the Act may, during normal business hours and upon presention of his or her identification as an inspector, enter upon a place of business of a carrier where it is reasonably necessary to determine compliance with the Act, regulations made under the Act and the Code and may (a) conduct a facility audit or compliance review and inspect, audit, review and examine books of account, records, financial statements or other documents; and (b) inspect equipment and commercial vehicles of the carrier, and the person occupying or in charge of that place shall answer the questions pertaining to those matters and shall produce for inspection and review the commercial vehicles equipment, books of account, records, financial statements and other documents that the inspector or other authorized person may request. (2) A carrier shall provide an inspector with all reasonable assistance and facilities necessary to the inspector for the performance of his or her duties. (3) A carrier shall keep and maintain records required by these regulations in an orderly fashion so that they are readily accessible for inspection. (4) For the purpose of determining the accuracy of a record required to be kept under the Act, these regulations, or other regulations under the Act, an inspector may inspect any record which relates or is relevant to verification of the accuracy of another record, including (a) payroll records; (b) warehouse or inventory records; and (c) driver training manuals or transcripts of course content. (5) For the purpose of an inspection under these regulations, an inspector may remove a record from a carrier's place of business or make copies of a record, and shall provide the carrier with a receipt of all those records which are removed. (6) An inspector shall return a record removed from a carrier's place of business within 2 weeks from the date of removal of the records, unless the record is required for a hearing in which case the inspector shall notify the carrier in writing, within 2 weeks from the date of removal, of the retention of records for a hearing. (7) All information and records obtained during an inspection are confidential and will not be released to or discussed with a member of the public without the express written consent of the carrier, but all those records, copies of records and notes may be presented as evidence before the board or a court. (8) A person who, through deliberate action or refusal to act, obstructs or hinders an inspector in the performance of his or her duties under these regulations is guilty of an offence and is liable on summary conviction to a fine of not less than $500 and not more than $2,000. (9) Notwithstanding another provision of these regulations, the registrar may assign a safety rating of unsatisfactory to a carrier which is convicted under subsection (8), and that assignment shall take effect immediately and will remain in effect until the time that the carrier delivers all records requested by an inspector or the registrar to a location specified by the registrar. Carrier rating 7. (1) Where the registrar registers a carrier, with or without conditions, the registrar shall assign to that carrier (a) a code number; (b) a safety rating in accordance with section 10; and
(c)
compliance indicators in accordance with section 9. (2) The registrar may, where (a) an error has been made, correct the compliance indicators of a carrier; and (b) he or she considers it appropriate, modify the compliance indicators of a carrier. Out of province carriers 8. A carrier whose principle place of business is outside the province may, upon registration in this province, be assigned compliance indicators and a safety rating under sections 9 and 10 commensurate with those assigned by the jurisdiction of that carriers principle place of business, where that jurisdiction has made assignments of carrier safety ratings under legislation that is similar to these regulations. Maximum compliance indicator 9. (1) A carriers maximum available total compliance indicator shall be calculated as follows
(a)
for an MATCI=
(b)
for an where MATCI is the maximum available total compliance indicator ln is the natural logarithm, and (2) A carriers maximum available accumulated inspection compliance indicator shall be calculated as follows
(a)
for an MAICI= (b) for all fleet sizes with more than 31 vehicles, 568, where MAICI is the maximum available inspection compliance indicator, exp is the exponential function, and (3) A carriers maximum available accumulated accident compliance indicator shall be calculated as follows
(a)
for an MAACI=
(b)
for an where MAACI is the maximum available accident compliance indicator, and (4) A carriers maximum available accumulated conviction compliance indicator shall be calculated as follows
(a)
for an MACCI=
(b)
for an where MACCI is the maximum available conviction compliance indicator, ln is the natural logarithm.
(5)
In this section "average fleet size" and " (a) the total number of power units in a carriers fleet for the previous 24 months divided by 24, or (b) if the total number of power units in a carriers fleet for the previous 24 months is not available, the total number of power units in a carriers fleet for the previous months for which the information is available, divided by the number equivalent to the total number of months for which the information is available, as calculated monthly. Safety rating 10. (1) The registrar shall assign to a carrier a safety rating of "satisfactory-unaudited" where (a) the carriers accumulated total compliance indicators do not exceed 70% of its maximum available total compliance indicator; and (b) a facility audit of the carrier has not been conducted, and the registrar shall change that rating to "satisfactory-audited" when a facility audit has been carried out and has been passed by that carrier. (2) The registrar may assign to a carrier a safety rating of conditional where (a) the carriers accumulated total compliance indicators exceed 70% but do not exceed 100% of its maximum available total compliance indicator; (b) the carrier does not pass a facility audit; or (c) the carrier is reapplying to operate after being previously considered to be rated as "unsatisfactory". (3) The registrar may assign to a carrier a safety rating of "unsatisfactory" where (a) the carriers accumulated total compliance indicators exceed 100% of the carriers maximum available total compliance indicator; (b) the carriers accumulated total compliance indicators are less than 70% of the carriers maximum available total compliance indicator and the carrier has failed to reach the required facility audit pass mark for 3 consecutive facility audits provided that one of those audits was conducted after the carrier had participated in a hearing referred to in section 16; (c) the carriers accumulated total compliance indicators are more than 70% of the carriers maximum available total compliance indicator and the carrier has failed to reach the required facility audit pass mark for 2 consecutive facility audits, one of which was conducted after the carrier had participated in a hearing referred to in section 16; and
(d)
the carrier has failed to maintain on its fleet the minimum insurance requirements required under the laws of (4) Notwithstanding subsections (1), (2) and (3), the registrar may, at any time, where he or she reasonably believes that it is necessary, assign to a carrier a safety rating of (a) satisfactory-unaudited; (b) satisfactory-audited; (c) conditional; or (d) unsatisfactory. (5) Where the registrar has assigned a safety rating of unsatisfactory to a carrier and one or more vehicles in that carriers fleet are acquired, directly or indirectly, by another carrier having a partner, principal shareholder or an officer who is also a partner, principal shareholder or officer of the carrier that was assigned the unsatisfactory rating, the carrier which acquired the vehicles shall be assigned a safety rating of unsatisfactory by the registrar. Interventions 11. (1) The registrar shall, in writing, notify a carrier when its accumulated total compliance indicators (a) exceed 15%; (b) exceed 50%; (c) exceed 70%; and (d) exceed 100% of its maximum available total compliance indicator. (2) Where the registrar notifies a carrier of its accumulated total compliance indicators, he or she shall also notify that carrier that where the carriers accumulated total compliance indicators (a) exceed 15%, a compliance review or a facility audit or both a compliance review and a facility audit may be conducted; (b) exceed 50%, a facility audit will be conducted; (c) exceed 70%, a facility audit will be conducted and the carrier is required to attend a hearing before the registrar; and (d) exceed 100%, the carrier is required to attend a hearing before the registrar. Notification 11.1 The registrar shall notify a carrier when a carriers accumulated (a) inspection compliance indicators exceed 100% of that carriers maximum available inspection compliance indicator; or (b) conviction compliance indicators exceed 100% of that carriers maximum available conviction compliance indicator; or (c) accident compliance indicators exceed 100% of that carriers maximum available accident compliance indicator. Interventions where less than 70% of MATCI 11.2 The registrar shall notify a carrier when it has failed a (a) first facility audit and that carriers accumulated total compliance indicators are less than 70% of its maximum available total compliance indicator; (b) second consecutive facility audit and that carriers accumulated total compliance indicators are less than 70% of its maximum available total compliance indicator; (c) third consecutive facility audit and that carriers accumulated total compliance indicators are less than 70% of its maximum available total compliance indicator. Interventions where more than 70% of MATCI 11.3 The registrar shall notify a carrier when it has failed a (a) first facility audit and that carriers accumulated total compliance indicators are more than 70% of that carriers maximum available total compliance indicator; and (b) second consecutive facility audit and that carriers accumulated total compliance indicators are more than 70% of that carriers maximum available total compliance indicator. Notification, audit and hearing 11.4 (1) A registrars notification under sections 11, 11.1, 11.2, 11.3 and this section shall be in writing. (2) A notification referred to in (a) section 11.1 shall include a statement that a facility audit will be conducted; (b) paragraph 11.2(a) shall include a statement that a second facility audit will be conducted and that until further notice, the carriers safety rating is conditional; (c) paragraph 11.2(b) shall include a statement that the carriers safety rating is conditional, the carrier must attend a hearing with the registrar and that a third facility audit may be carried out; (d) paragraph 11.2(c) shall include a statement that the carrier must attend a hearing with the registrar; (e) paragraph 11.3(a) shall include a statement that (i) the carriers safety rating is conditional, and (ii) the carrier must attend a hearing with the registrar, and (iii) another facility audit will be carried out; and (f) paragraph 11.3(b) shall include a statement that the carrier must attend a hearing with the registrar. (3) The registrar may, at any time, conduct (a) a compliance review of; (b) a facility audit of; (c) both a compliance review and a facility audit of; and (d) a hearing with, a carrier in order to determine compliance with the Act and these regulations. (4) Where the registrar requires a hearing under these regulations (a) the registrar shall notify the carrier of the time and place of the hearing; (b) the carrier must attend the hearing; and (c) if the carrier fails to attend the hearing, the registrar may conduct the hearing and make a determination in the absence of that carrier. Compliance indicators 12. (1) The registrar shall assign to a carrier conviction compliance indicators for offences listed in the schedule to these regulations in accordance with that schedule. (2) For the purposes of subsection (1), an equivalent offence shall be considered to be the offence listed in the schedule which is substantially similar to that equivalent offence. (3) The registrar shall assign to a carrier accident compliance indicators for each accident involving a commercial vehicle operated by the carrier where the accident involves: (a) property damage, 2 compliance indicators; (b) personal injury, 4 compliance indicators; and (c) a fatality, 6 compliance indicators. (4) The registrar shall assign 3 inspection compliance indicators for every vehicle that is placed out of service as a result of a commercial vehicle inspection. (5) Compliance indicators assigned to a carrier shall expire 2 years after the date of the (a) conviction for conviction compliance indicators; (b) accident for accident compliance indicators; and (c) commercial vehicle inspection for inspection compliance indicators. Driver reports 13. (1) A driver shall report to the carrier with whom he or she is employed or for whom he or she is brokering the following information not more than 30 days after (a) a conviction which that driver is given for an offence referred to in the schedule; (b) a conviction which that driver is given for an equivalent offence; (c) an accident involving a commercial vehicle which that driver is operating; (d) an inspection is performed on the driver or a commercial vehicle which that driver is operating; or (e) a warning or out-of-service notice is issued in relation to an inspection of the driver or a commercial vehicle the driver is operating. (2) A person who contravenes a provision of this section is guilty of an offence and upon summary conviction is liable to a fine of not less than $25 and not more than $100. Records 14. (1) A carrier shall keep and maintain at its own expense at its principal place of business the following records relating to every driver who is employed by or carrying out the business and activities required by that carrier and every commercial vehicle under the control of that carrier (a) a copy of the driver abstract issued by the registrar which was received by a carrier at the commencement of employment of the driver and dated not earlier than 30 days prior to the date of commencement of employment of the driver; (b) a copy of the driver abstract, issued by the registrar and obtained during the same month as the anniversary of the driver's birth, for each year the driver is in the employ of the carrier; (c) a record of all accidents involving a driver while operating a commercial vehicle; (d) copies of a record of driver training, driver improvement or control action taken by the carrier; (e) a record of all items reported by a driver under section 13; (f) a copy of each driver's daily log, as required by section 15 of the Highway Traffic Hours of Service Regulations , or where a driver is exempt from maintaining a log book, a copy of the carrier's record of hours on duty for the driver; (g) a copy of each trip inspection report as required by section 7 of the Highway Traffic Trip Inspection Report Regulations ; and (h) a copy of a record of repair made to a commercial vehicle correcting a defect noted in a trip inspection report referred to in paragraph (g). (2) The records referred to in subsection (1) shall be retained for a period of 5 years, or as specified in the applicable regulations. (3) Notwithstanding paragraphs (1)(a) and (b), a carrier is not required to keep and maintain copies of driver abstracts dated earlier than February 3, 1994. (4) A carrier shall have in place (a) a system to alert the carrier that a driver abstract required under this section is due; (b) a system that will alert the carrier, in advance, that a drivers licence is due for renewal; (c) a system which will alert the carrier, in advance, when a vehicle is due for a commercial motor vehicle inspection; and
(d)
a method of monitoring compliance with the Highway Traffic Hours of Service Regulations
and the Highway Traffic Trip Inspection Report Regulations. (4.1) A carrier shall (a) have a rules and regulations document that lists the regulatory requirements that a driver is required to know in order to operate a commercial vehicle; and (b) require a driver to review the document referred to in paragraph (a) and confirm, in writing, that he or she has reviewed and understood that document. (5) A carrier shall retain a copy of the most recent vehicle inspection certificate as obtained under the Official Inspection Station Regulations for a minimum period of one year. (6) A person who contravenes this section is guilty of an offence and is liable on summary conviction to a fine of not less than $200 and not more than $1,000. (7) For the purpose of determining an offence under this section each violation for each record in relation to each driver is considered to be a separate offence Directions remain in force 15. A direction of the registrar under these regulations remains in force until revoked by the registrar. Hearing 16. (1) Where, the registrar is of the opinion that a carrier is unable or unwilling to operate safely, he or she may conduct a hearing to investigate the carrier's safety record. (2) The registrar shall notify a carrier of the time and place of the hearing 7 or more days before the date of the hearing. (3) A hearing may be heard by the registrar or by a person appointed by the registrar. (4) A hearing may take place whether or not the carrier is present. (5) A person conducting a hearing shall make those recommendations in writing to the registrar within 15 days of the hearing that he or she considers appropriate, including recommendations to (a) require the carrier to initiate a safety plan, demonstrate specific improvements or take specific measures to enhance the safety of its operations within a time and under those conditions that the person conducting a hearing considers appropriate; (b) vary the number of compliance indicators or a safety rating; (c) issue a fleet suspension which will place a restriction on the number of commercial vehicles, or specify the vehicles, which may be operated by the carrier; and (d) specify an expiry date for the fleet suspension which shall be not fewer than 30 days and shall not extend more than one year from the date of commencement of the suspension. (6) A person conducting a hearing shall govern the procedure of the hearing. (7) The registrar shall decide the action necessary to carry out the intent of the recommendations and shall notify the carrier of the recommendations and the action to be taken within 15 days of receipt of the recommendations. Fleet suspension 17. (1) Where the registrar issues a fleet suspension under subsections 4(13) and 16(7), the registrar shall issue a certificate for each vehicle in the carrier's fleet which is permitted to be operated under the fleet suspension. (2) A person shall not operate, allow or cause to be operated a commercial vehicle upon a highway where the carrier responsible for the operation of the commercial vehicle is under a fleet suspension unless the driver has in his or her possession a copy of the certificate issued by the registrar under subsection (1) authorizing the operation of the commercial vehicle. (3) A driver who contravenes the provisions of subsection (2) is guilty of an offence and on summary conviction is liable to a fine of not less than $25 and not more than $100. (4) A carrier who contravenes the provisions of subsection (2) is guilty of an offence and on summary conviction is liable to a fine of not less than $500 and not more than $2,000. Variance 18. (1) A safety rating of unsatisfactory shall remain in force for not less than one year and not more than 5 years. (2) Notwithstanding subsection (1), where a safety rating of unsatisfactory has been given to a carrier for more than one year, that carrier may, after that year, apply to the registrar for a variation of the safety rating. (3) An application for variance referred to in subsection (2) shall contain (a) a comprehensive analysis of the carrier's proposed operations and a plan governing those operations; and (b) other information as the registrar may require to assess an application. (4) Within 30 days of receipt of the information referred to in subsection (3), the registrar shall make a determination respecting the application for variance and shall notify the carrier of his or her decision, including reasons in the event the application is refused. (5) A carrier who is refused variance shall not reapply under this section for a period of 6 months from the date of the decision made under subsection (4). (6) Where the registrar grants an application for variance he or she shall assign the carrier a safety rating of conditional and may attach those terms and conditions that he or she considers appropriate. (7) Upon variance the registrar may establish the carrier's threshold level at a number that he or she considers appropriate. Profiles 19. (1) The registrar shall provide a carrier's short profile to a person for a fee required by the registrar. (2) The registrar shall provide to a carrier or a representative of a carrier that carrier's long profile for a fee required by the registrar. Facility audit score 20. (1) The registrar may, at any time, conduct a facility audit which shall consist of a regulatory compliance section as well as a scoring section to evaluate a carriers overall safety rating (2) A carrier shall obtain a combined score of 78% or higher on the driver and vehicle segments of the facility audit report. (3) A carrier that does not achieve 78% on its facility audit report shall have its safety rating changed to conditional. Facility audit of vehicles 21. (1) The scoring of the vehicle section of a facility audit report under section 20 for commercial vehicle safety inspections shall be 35 points for compliance and 0 points for non compliance. (2) A carriers vehicle may receive points for compliance under subsection (1) only where that vehicle has (a) not undergone a commercial vehicle safety alliance inspection within the previous 12 months; or (b) undergone a commercial vehicle safety alliance inspection within the previous 12 months and has not been taken out of service. (3) The scoring of the vehicle section of a facility audit report under section 20 for preventive maintenance shall be 30 points for compliance and 0 points for non compliance. (4) A carriers vehicle may receive points for compliance under subsection (3) only where the carrier for that vehicle demonstrates that each vehicle selected for a facility audit has undergone an acceptable preventative maintenance schedule over the previous 2 years. (5) The scoring of the vehicle section of a facility audit report under section 20 for maintenance shall be 15 points for compliance and 0 points for non compliance. (6) A carriers vehicle may receive points for compliance under subsection (5) only where the carrier for that vehicle demonstrates that each vehicle selected for a facility audit has had all (a) required repairs noted on pre-trip inspections corrected in a timely manner; and (b) serious defects corrected before the vehicle was dispatched; and (c) records for the previous 2 years available for the facility audit. (7) The scoring of the vehicle section of a facility audit report under section 20 for trip inspections shall be 10 points for compliance and 0 points for non compliance. (8) A carrier shall receive points under subsection (7) only where it is able to demonstrate that each vehicle selected for a facility audit has undergone a daily trip inspection in accordance with the Highway Traffic Trip Inspection Regulations for each day that the vehicle was dispatched by the carrier. (9) The scoring of the vehicle section of a facility audit report under section 20 for identification markers shall be 10 points for compliance and 0 points for non compliance. (10) A carrier shall receive points under subsection (9) only where it is able to demonstrate that each vehicle selected for a facility audit (a) was licensed every time that the vehicle was dispatched; and (b) has had a commercial motor vehicle inspection within the previous 12 months. Facility audit of drivers 22. (1) The scoring of the driver section of a facility audit report under section 20 for driver qualifications shall be 20 points for compliance and 0 points for non compliance. (2) A carrier shall receive points under subsection (1) only where it is able to demonstrate that (a) a driver selected for a facility audit has all the required classifications and endorsements to operate the vehicle that he or she has operated for the carrier; and (b) the drivers licence has not expired or been suspended, cancelled or reclassified down due to an overdue medical. (3) The scoring of the driver section of a facility audit report under section 20 for log book records shall be 35 points for compliance and 0 points for non compliance. (4) A carrier shall receive points under subsection (3) only where, in accordance with the Highway Traffic Hours of Service Regulation, it is able to provide accurate logbook records or, if exempt from keeping a logbook, accurate time records, for all drivers selected for the facility audit. (5) The scoring of the driver section of a facility audit report under section 20 for duty cycles shall be 40 points for compliance and 0 points for non compliance. (6) A carrier shall receive points under subsection (5) only where, in accordance with the Highway Traffic Hours of Service Regulations , it is able to demonstrate that all drivers selected for a facility audit have not exceeded their duty cycles or rest requirements. (7) The scoring of the driver section of a facility audit report under section 20 for data items shall be 5 points for compliance and 0 points for non compliance. (8) A carrier shall receive points under subsection (7) only where, in accordance with the Highway Traffic Hours of Service Regulations , it is able to demonstrate that all drivers selected for a facility audit have all items on their log books or duty records completed. Transitional 23. (1) Compliance indicators acquired by a carrier under the regulations in force before the coming into force of this section shall no longer be considered to have accrued to a carrier immediately after the coming into force of this section. (2) Notwithstanding subsection (1), a carrier safety rating under subsection 11 in force immediately before the coming into force of this section shall apply to that carrier as if that rating had been imposed under section 10 of these regulations after the coming into force of this section. (3) An inspection, compliance review, facility audit, hearing, long profile, short profile or other review of a carrier under these regulations may consider all accidents, convictions, inspection defects and other infractions of a carrier occurring before and after the coming into force of this section. Offence 24. A person who contravenes these regulations is guilty of an offence and liable on summary conviction to a fine of not less than $200 and not more than $1000 and in default of payment of the fine, to imprisonment for not more than 30 days. Schedule
106/05 s12; 45/09 s1; 91/10 s1; 24/12 s1; 52/12 s1 ŠEarl G. Tucker, Queen's Printer |