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Highway Traffic Act

ONTARIO REGULATION 419/15

DEFINITIONS OF COMMERCIAL MOTOR VEHICLE AND TOW TRUCK

Consolidation Period:  From January 1, 2017 to the e-Laws currency date.

Last amendment: O. Reg. 399/16.

This is the English version of a bilingual regulation.

Note: On July 1, 2017, the Regulation is amended by adding the following section: (See: O. Reg. 399/16, s. 1)

Definitions in this Regulation

0.1 In this Regulation,

“mobile equipment vehicle” has the same meaning as in Ontario Regulation 398/16 (Road-Building Machines) made under the Act; (“véhicule de matériel mobile”)

“vehicle built on a truck chassis” does not include a commercial motor vehicle, as defined in subsection 1 (1) of the Act, with a flatbed that can tilt to load. (“véhicule monté sur un châssis de camion”) O. Reg. 399/16, s. 1.

Commercial Motor Vehicle

Definition of commercial motor vehicle, generally

1. For the purpose of every provision of the Act and the regulations, “commercial motor vehicle” includes a motor vehicle commonly known as a tow truck even if it does not have a truck or delivery body attached to it.

Note: On July 1, 2017, section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 399/16, s. 2)

Definition of commercial motor vehicle, generally

1. For the purposes of every provision of the Act and the regulations, “commercial motor vehicle” includes the following, even if it does not have a truck or delivery body attached to it:

1. A motor vehicle commonly known as a tow truck.

2. A mobile equipment vehicle.

3. A vehicle built on a truck chassis. O. Reg. 399/16, s. 2.

Specified provisions for s.3

2. (1) For the purposes of the following provisions of the Act, “commercial motor vehicle” is defined in section 3 of this Regulation:

1. Section 16.

2. Subsections 20 (1) and (2).

3. Subsection 32 (17).

4. Clause 41.2 (13) (a).

5. Subsection 57 (20).

6. Subsection 62 (33).

7. Subsection 64 (9).

8. Subsection 66 (6).

9. Subsection 70 (4.1).

10. Subsection 80 (2).

11. Subsections 82 (3) and (10).

12. Section 82.1.

13 .Subsection 84 (2).

14. Subsection 109 (15.1).

15. Subsection 111 (5).

16. Subsections 124 (5) and (6).

17. Section 190.

18. Section 191.0.1.

19. Subsection 192 (5).

20. Section 227.

(2) Despite subsection (1) and clause (b) of the definition of “commercial motor vehicle” in subsection 3 (1), “commercial motor vehicle” in section 190 of the Act and in Ontario Regulation 555/06 (Hours of Service) made under the Act does not include a tow truck as defined in section 4 of this Regulation.

Definition of commercial motor vehicle for specified provisions

3. (1) In the provisions of the Act listed in subsection 2 (1),

“commercial motor vehicle” means,

(a) a commercial motor vehicle, as defined in subsection 1 (1) of the Act, other than a vehicle excluded by subsection (2) or (3),

(b) a tow truck as defined in section 4, other than a vehicle excluded by subsection (3), and

(c) a commercial motor vehicle, as defined in subsection 1 (1) of the Act, with a flatbed that can tilt to load, other than a vehicle excluded by subsection (3) or (4).

Note: On July 1, 2017, the definition of “commercial motor vehicle” in subsection 3 (1) of the Regulation is amended by striking out “and” at the end of clause (b), and by adding the following clauses: (See: O. Reg. 399/16, s. 3 (1))

(d) a mobile equipment vehicle, other than a vehicle excluded by subsection (2) or (3), and

(e) a vehicle built on a truck chassis, other than a vehicle excluded by subsection (2) or (3).

(2) The following vehicles are excluded from clause (a) of the definition of “commercial motor vehicle” in subsection (1):

Note: On July 1, 2017, subsection 3 (2) of the Regulation is amended by striking out “clause (a)” in the portion before paragraph 1 and substituting “clauses (a), (d) and (e)”. (See: O. Reg. 399/16, s. 3 (2))

1. A commercial motor vehicle, as defined in subsection 1 (1) of the Act, other than a bus, having a gross weight or registered gross weight of not more than 4,500 kilograms.

2. A bus that is used for personal purposes without compensation.

3. An ambulance, a fire apparatus, a hearse, a casket wagon or a motor home.

(3) The following vehicles are excluded from clauses (a), (b) and (c) of the definition of “commercial motor vehicle” in subsection (1):

Note: On July 1, 2017, subsection 3 (3) of the Regulation is amended by striking out “clauses (a), (b) and (c)” in the portion before paragraph 1 and substituting “clauses (a), (b), (c), (d) and (e)”. (See: O. Reg. 399/16, s. 3 (3))

1. A commercial motor vehicle, as defined in subsection 1 (1) of the Act, leased for no longer than 30 days by an individual for the transportation of goods kept for that individual’s personal use or the gratuitous carriage of passengers.

2. A commercial motor vehicle, as defined in subsection 1 (1) of the Act, operated under and in accordance with a Dealer permit and number plate, a Service permit and number plate or a Manufacturer permit and number plate issued under Regulation 628 (Vehicle Permits) made under the Act that is not transporting passengers or goods.

(4) The following vehicles are excluded from clause (c) of the definition of “commercial motor vehicle” in subsection (1):

1. A vehicle described in clause (b) of the definition of “tow truck” in subsection 4 (1).

(5) Nothing in this section excludes a commercial motor vehicle, as defined in this section, from the definition of “commercial motor vehicle” in subsection 1 (1) of the Act.

Tow truck defined for s. 3 definition of commercial motor vehicle

4. (1) For the purpose of clause (b) of the definition of “commercial motor vehicle” in subsection 3 (1),

“tow truck” means,

(a) a motor vehicle commonly known as a tow truck,

(b) a commercial motor vehicle, as defined in subsection 1 (1) of the Act, with a flatbed that can tilt to load and that is used exclusively to tow or transport other motor vehicles, and

(c) a motor vehicle, other than a motor vehicle excluded by subsection (2), that is designed, modified, configured or equipped so that it is capable of towing other motor vehicles.

(2) The following motor vehicles are excluded from clause (c) of the definition of “tow truck” in subsection (1):

1. An off-road vehicle, as defined in section 1 of the Off-Road Vehicles Act.

2. A motor vehicle that is used for personal purposes only and that is used infrequently to tow, for no compensation, another motor vehicle that is also used for personal purposes only.

3. A motor home that is used for personal purposes only and that is towing another motor vehicle that is for the use of the driver of the motor home for personal purposes only.

4. A commercial motor vehicle, as defined in subsection 1 (1) of the Act, towing one or more motor vehicles using the saddlemount configuration.

(3) In clause (c) of the definition of “tow truck” in subsection (1),

“towing” means drawing another motor vehicle by means of a boom, hook, hoist, pulley, stinger, sling, belt, fork or other similar device that elevates part of the drawn motor vehicle, with or without the use of a dolly or other similar device.

(4) A reference in this section to a motor vehicle being towed or transported includes a motor vehicle being towed or transported that is damaged, incomplete or inoperable.

Tow Truck

Definition of tow truck in s. 171 of the Act

5. For the purpose of section 171 of the Act, “tow truck” has the same meaning as in section 4 of this Regulation.

6. Omitted (provides for coming into force of provisions of this Regulation).

 

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