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O. Reg. 241/14: SAFETY INSPECTIONS

filed December 1, 2014 under Highway Traffic Act, R.S.O. 1990, c. H.8

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ontario regulation 241/14

made under the

Highway Traffic Act

Made: November 26, 2014
Filed: December 1, 2014
Published on e-Laws: December 2, 2014
Printed in The Ontario Gazette: December 20, 2014

Amending Reg. 611 of R.R.O. 1990

(SAFETY INSPECTIONS)

1. The definitions of “annual inspection certificate”, “annual inspection sticker”,  “semi-annual inspection certificate” and “semi-annual inspection sticker” in section 1 of Regulation 611 of the Revised Regulations of Ontario, 1990 are revoked and the following substituted:

“annual inspection certificate” means a vehicle inspection record evidencing compliance with the inspection requirements and performance standards set out in NSC Standard 11B as modified by sections 1 and 2 of Schedule 3;

“annual inspection sticker” means a vehicle inspection sticker evidencing compliance with the inspection requirements and performance standards set out in NSC Standard 11B as modified by sections 1 and 2 of Schedule 3;

“semi-annual inspection certificate” means a vehicle inspection record evidencing compliance with the inspection requirements and performance standards set out in NSC Standard 11B as modified by sections 1, 2 and 3 of Schedule 3;

“semi-annual inspection sticker” means a vehicle inspection sticker evidencing compliance with the inspection requirements and performance standards set out in NSC Standard 11B as modified by sections 1, 2 and 3 of Schedule 3;

2. Section 2.1 of the Regulation is revoked and the following substituted:

Application of NSC Standard 11B

2.1 (1) In this Regulation,

“NSC Standard 11B” means Part B, entitled “Periodic Commercial Motor Vehicle Inspections (PMVI)”, of the National Safety Code Standard 11, entitled “Maintenance and Periodic Inspection Standards”, published by the Canadian Council of Motor Transport Administrators and dated October 2014, as amended from time to time.

(2) A reference in this Regulation to Schedule 3 modifying NSC Standard 11B is a reference to Schedule 3 to this Regulation.

(3) The inspection requirements and performance standards that NSC Standard 11B states are applicable to a truck apply, with the modifications set out in Schedule 3, to inspections of commercial motor vehicles, other than buses, school purposes vehicles and accessible vehicles, under section 4, 4.4 or 8 of this Regulation.

(4) The inspection requirements and performance standards that NSC Standard 11B states are applicable to a trailer apply, with the modifications set out in Schedule 3, to inspections of trailers under section 4.3 of this Regulation and inspections of trailers and trailer converter dollies under section 8 of this Regulation.

(5) The inspection requirements and performance standards that NSC Standard 11B states are applicable to a bus apply, with the modifications set out in Schedule 3, to inspections of buses, school purposes vehicles and accessible vehicles under section 4.1, 4.2, 4.4 or 10 of this Regulation.

(6) Where Schedule 3 provides that an inspection requirement or performance standard set out in NSC Standard 11B does not apply to a type of inspection of any class of vehicle or applies only in a modified manner, the vehicle must be inspected in accordance with the inspection requirements set out in NSC Standard 11B as modified by Schedule 3 and must comply with the performance standards set out in NSC Standard 11B as modified by Schedule 3.

(7) For the purposes of this Regulation, in NSC Standard 11B,

“authorized inspector” or “authorized technician” means, in relation to an inspection conducted in Ontario, a motor vehicle inspection mechanic registered by the Director of Vehicle Inspection Standards under section 92 of the Act and, in relation to an inspection conducted in a Canadian jurisdiction other than Ontario, means any person authorized by that jurisdiction to conduct the inspection.

3. Section 4 of the Regulation is amended by striking out “NSC Standard 11B (Truck) as modified by Schedule 3”at the end and substituting “NSC Standard 11B as modified by section 1 of Schedule 3”.

4. Section 4.1 of the Regulation is amended by striking out “NSC Standard 11B (Bus) as modified by Part I of Schedule 5” at the end and substituting “NSC Standard 11B as modified by sections 1 and 2 of Schedule 3”.

5. Section 4.2 of the Regulation is amended by striking out “NSC Standard 11B (Bus) as modified by Part I of Schedule 5” at the end and substituting “NSC Standard 11B as modified by sections 1 and 2 of Schedule 3”.

6. Section 4.3 of the Regulation is amended by striking out “NSC Standard 11B (Trailer) as modified by Schedule 4” at the end and substituting “NSC Standard 11B as modified by section 1 of Schedule 3”.

7. Subsection 8 (3) of the Regulation is revoked and the following substituted:

(3) Commercial vehicles shall be inspected in accordance with the inspection requirements set out in NSC Standard 11B as modified by section 1 of Schedule 3.

8. (1) Clauses 10 (5) (a) and (b) of the Regulation are revoked and the following substituted:

(a) in NSC Standard 11B as modified by sections 1 and 2 of Schedule 3 for purposes of the issuance of an annual inspection certificate; and

(b) in NSC Standard 11B as modified by sections 1, 2 and 3 of Schedule 3 for purposes of the issuance of a semi-annual inspection certificate.

(2) Subsection 10 (6) of the Regulation is amended by striking out “NSC Standard 11B (Bus) as modified by Part I of Schedule 5” in the portion before clause (a) and substituting “NSC Standard 11B as modified by sections 1 and 2 of Schedule 3”.

(3) Subsection 10 (8) of the Regulation is amended by striking out “NSC Standard 11B (Bus) as modified by Parts I and II of Schedule 5” in the portion before clause (a) and substituting “NSC Standard 11B as modified by sections 1, 2 and 3 of Schedule 3”.

(4) Subsection 10 (11) of the Regulation is revoked.

9. Schedules 3, 4 and 5 to the Regulation are revoked and the following substituted:

SCHEDULE 3
MODIFICATIONS TO INSPECTION REQUIREMENTS AND PERFORMANCE STANDARDS SET OUT IN NSC STANDARD 11B

1. (1) This section applies to inspections of any class of vehicles governed by NSC Standard 11B.

(2) Following are the modifications to NSC Standard 11B:

1. In Section 3H – Hydraulic Brakes, the statement “Every vehicle equipped with ABS that was not mandatory for the vehicle when it was manufactured must have ABS in good working order” that appears as a Note in the left-hand column under item 17.  Anti-Lock Brake System (ABS) on a Truck or Bus does not apply.

2. In Section 3A – Air Brakes, the statement “Every vehicle equipped with ABS that was not mandatory for the vehicle when it was manufactured must have ABS in good working order” that appears as a Note in the left-hand column under item 19. Anti-Lock Brake System (ABS) on Truck and Bus does not apply.

3. In Section 3A – Air Brakes, the statement “Every vehicle equipped with ABS that was not mandatory for the vehicle when it was manufactured including those listed in the exceptions below must have ABS in good working order” that appears as a Note in the left-hand column under item 20. Anti-Lock Brake System on Trailer does not apply.

4. In Section 8 – Body, item 13 e), which sets out requirements for the tinting of windshields, does not apply to vehicles manufactured before July 1, 2011.

5. In Section 8 – Body, item 14 e), which sets out requirements for the tinting of side windows, does not apply to vehicles manufactured before July 1, 2011.

6. In Section 8 – Body, item 17. Exterior Windshield Sun Visor does not apply.

2. (1) This section applies to inspections of a bus, school purposes vehicle or accessible vehicle governed by NSC Standard 11B.

(2) Following are the modifications to NSC Standard 11B:

1. In Section 3: Brake Systems, under A. Options for Inspecting Internal Brake Components of Hydraulic and Air Brake Systems, item 1. Types of Brake Inspections,

i. C. Limited-inspection of drum brake does not apply, and

ii. E. Limited-inspection of disc brake does not apply.

2. In Section 3: Brake Systems, under A. Options for Inspecting Internal Brake Components of Hydraulic and Air Brake Systems,

i. any reference to a “limited inspection (‘C’)” or a “limited inspection (‘E’)”  in item 3. Exemptions from Brake Disassembly for Drum Brakes, item 4.  Exemptions from Wheel Disassembly for Disc Brakes and item 5. Exemptions from Brake/Wheel Disassembly for New Vehicles does not apply, and

ii. item 8. Summary of Inspection Requirements for Buses does not apply.

3. In Section 3: Brake Systems, C. Documents Required for Qualifying a Prior Inspection of Internal Brake Components does not apply.

3. (1) This section applies to an inspection of a bus, school purposes vehicle or accessible vehicle for the purpose of issuing a semi-annual inspection certificate under this Regulation.

(2) Following are the modifications to NSC Standard 11B:

1. Everything under Section 3: Brake Systems before Section 3H – Hydraulic Brakes does not apply.

2. Section 3H – Hydraulic Brakes, items 12 b), c), d), e), f), g), h), i) and j), which set out requirements for drum brake system components, and the hazardous conditions set out at the end of item 12 do not apply.

3. Section 3H – Hydraulic Brakes, items 13 b), c), d), f), g) and h), which set out requirements for disc brake system components, and the hazardous conditions set out at the end of item 13 do not apply.

4. Section 3H – Hydraulic Brakes, item 14 f), which sets out requirements for mechanical parking brake friction material, does not apply.

5. Section 3H – Hydraulic Brakes, item 15 f), which sets out requirements for spring-applied air-released (SAAR) parking brake friction material, does not apply.

6. Section 3H – Hydraulic Brakes, item 16 e), which sets out requirements for spring-applied hydraulic-released (SAHR) parking brake friction material, does not apply.

7. Section 3H – Hydraulic Brakes, item 17 e), which sets out requirements for wheel speed sensors for anti-lock brake systems (ABS) on a truck or bus, does not apply.

8. Section 3A – Air Brakes, items 15 b), c), d), e), g) and h), which set out requirements for drum brake system components, and the hazardous conditions set out at the end of item 15 do not apply.

9. Section 3A – Air Brakes, items 16 a), f) and g), which set out requirements for S-Cam drum brake systems, and the hazardous conditions set out at the end of item 16 do not apply.

10. Section 3A – Air Brakes, the requirements for brake shoe travel (wedge brakes) set out in item 17 a), except the requirement to reject if the “brakes fail to operate”, and the hazardous conditions set out at the end of item 17 do not apply.

11. Section 3A – Air Brakes, items 18 b), c), d), f), g) and h), which set out requirements for disc brake system components, and the hazardous conditions set out at the end of item 18 do not apply.

Commencement

10. This Regulation comes into force on the day it is filed.