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Motor Carrier Safety Fitness Certificate Regulations (SOR/2005-180)

Regulations are current to 2020-11-17 and last amended on 2006-09-21. Previous Versions

Motor Carrier Safety Fitness Certificate Regulations

SOR/2005-180

MOTOR VEHICLE TRANSPORT ACT

Registration 2005-06-07

Motor Carrier Safety Fitness Certificate Regulations

P.C. 2005-1128 2005-06-07

Whereas pursuant to section 16.1Footnote a of the Motor Vehicle Transport ActFootnote b, the Minister of Transport has consulted with each province affected by the proposed Motor Carrier Safety Fitness Certificate Regulations, in the annexed form;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 16.1Footnote a of the Motor Vehicle Transport ActFootnote b, hereby makes the annexed Motor Carrier Safety Fitness Certificate Regulations.

Interpretation

 The definitions in this section apply in these Regulations.

Act

Act means the Motor Vehicle Transport Act. (Loi)

safety fitness certificate

safety fitness certificate means a safety fitness certificate issued under section 8 of the Act. (certificat d’aptitude à la sécurité)

NSC Standard #14

NSC Standard #14 means the National Safety Code for Motor Carriers, Standard #14 — Safety Rating, as amended from time to time. (norme no 14 du CCS)

  • SOR/2006-227, s. 1

Application

 These Regulations apply to

  • (a) provincial authorities that issue safety fitness certificates to extra-provincial motor carrier undertakings; and

  • (b) extra-provincial motor carrier undertakings.

Issuance of Safety Fitness Certificates

 A provincial authority may issue a safety fitness certificate to a person or body to operate an extra-provincial motor carrier undertaking that operates one or more of the following vehicles:

  • (a) a truck, tractor or trailer, or any combination of these vehicles, that has a registered gross vehicle weight exceeding, or that weighs more than, 4,500 kg; or

  • (b) a bus that is designed, constructed and used for the transportation of passengers and that has a designated seating capacity of more than 10 persons, including the driver, if it is operated for purposes other than personal use.

Responsibility of Provincial Authorities with Respect to Extra-provincial Motor Carrier Undertakings

 Each provincial authority must

  • (a) issue a unique National Safety Code number to each extra-provincial motor carrier undertaking that operates vehicles that are plated, or must be plated, in the province under the jurisdiction of the provincial authority; and

  • (b) develop and maintain, for every extra-provincial motor carrier undertaking that is based in the province and that holds a safety fitness certificate, a motor carrier profile that contains the information set out in section 2 of Part C of NSC Standard #14.

 Before issuing a safety fitness certificate to an extra-provincial motor carrier undertaking, a provincial authority must, for the purpose of determining its fitness, assign a safety rating to that extra-provincial motor carrier undertaking in accordance with the process set out in section 3 of Part C of NSC Standard #14.

Applying for a Safety Fitness Certificate

  •  (1) A provincial authority may not issue a safety fitness certificate to an extra-provincial motor carrier undertaking unless the provincial authority has obtained the information and documents set out in section 4 of Part C of NSC Standard #14. A provincial authority may require the extra-provincial motor carrier undertaking to provide the information and documents.

  • (2) An extra-provincial motor carrier undertaking that applies for a safety fitness certificate must provide to the provincial authority, subject to subsection (3), written proof that it holds the minimum liability insurance coverage and endorsement referred to in section 7.

  • (3) The extra-provincial motor carrier undertaking may provide to the provincial authority written proof of an undertaking to purchase the minimum liability insurance coverage, instead of the proof of minimum liability insurance coverage.

  • (4) An extra-provincial motor carrier undertaking that has provided proof of an undertaking to purchase the liability insurance must provide to the provincial authority written proof of coverage before it will be issued a safety fitness certificate.

Insurance for Extra-provincial Truck Undertakings

  •  (1) A provincial authority may not issue a safety fitness certificate to an extra-provincial truck undertaking unless it has written proof that the undertaking holds the minimum liability insurance coverage and endorsement referred to in subsections (2) to (4).

  • (2) In order to cover bodily injury to or death of any person or loss of or damage to property of other persons, other than cargo, an extra-provincial truck undertaking must hold the following minimum liability insurance coverage:

  • (3) An extra-provincial truck undertaking must ensure that the insurance policy contains an endorsement stating that, at least 15 days before the policy is cancelled or changed or lapses, the insurer agrees to notify the provincial authority with which the written proof of the insurance policy was filed of

    • (a) the cancellation or non-renewal of the policy; or

    • (b) any change in the policy that results in the policy no longer providing the minimum liability insurance coverage.

  • (4) An extra-provincial truck undertaking must immediately notify the provincial authority with which the written proof of the insurance policy was filed of any change in the policy, or of any notification by the insurer that the policy will be changed, so that it no longer provides or will no longer provide the minimum liability insurance coverage.

Safety Rating Categories

 A provincial authority may not issue a safety fitness certificate to an extra-provincial motor carrier undertaking unless the provincial authority has determined that the undertaking has a “satisfactory”, “satisfactory unaudited” or “conditional” safety rating, as set out in section 5 of Part C of NSC Standard #14.

Repeal

 [Repeal]

Coming into Force

Footnote * These Regulations come into force on the day on which An Act to amend the Motor Vehicle Transport Act, 1987 and to make consequential amendments to other Acts, chapter 13 of the Statutes of Canada, 2001, comes into force.

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