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Highway Traffic Act

ONTARIO REGULATION 419/15

DEFINITIONS OF COMMERCIAL MOTOR VEHICLE AND TOW TRUCK

Consolidation Period: From January 1, 2024 to the e-Laws currency date.

Last amendment: 163/23.

Legislative History: 399/16, 336/18, 175/22, 163/23.

This is the English version of a bilingual regulation.

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”) O. Reg. 399/16, s. 1; O. Reg. 163/23, s. 1.

Commercial Motor Vehicle

General definition of commercial motor vehicle

1. Subject to sections 2, 3, 4 and 4.1, the definition of “commercial motor vehicle” in subsection 1 (1) of the Act 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; O. Reg. 163/23, 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).

9.1  Subsection 75.1 (4).

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.  Revoked: O. Reg. 163/23, s. 3 (1).

18.  Section 191.0.1.

19.  Subsection 192 (5).

20.  Section 227. O. Reg. 419/15, s. 2 (1); O. Reg. 175/22, s. 1; O. Reg. 163/23, s. 3 (1).

(2) Revoked: O. Reg. 163/23, s. 3 (2).

Definition of commercial motor vehicle for specified provisions

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

“commercial motor vehicle” means, unless excluded by subsection (2),

(a)  a commercial motor vehicle, as defined in subsection 1 (1) of the Act, a mobile equipment vehicle and a vehicle built on a truck chassis, if the vehicle has a gross weight or registered gross weight of more than 4,500 kilograms,

(b)  a bus, regardless of weight, and

(c)  a tow truck, as defined in section 1 of the Towing and Storage Safety and Enforcement Act, 2021, regardless of weight. O. Reg. 163/23, s. 4.

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

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

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.

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

4.  An ambulance, a fire apparatus, a hearse, a casket wagon or a motor home. O. Reg. 163/23, s. 4.

Definition of commercial motor vehicle for section 190 of the Act

4. For the purposes of section 190 of the Act and of Ontario Regulation 555/06 (Hours of Service) made under the Act, “commercial motor vehicle” has the same meaning as in section 3 of this Regulation, except that it includes a tow truck described in section 3 only if it has a flatbed that can tilt to load, and it is not used exclusively to tow or transport other motor vehicles. O. Reg. 163/23, s. 5.

Commercial motor vehicle – restrictions on presence of drugs and alcohol

4.1 For the purposes of sections 48.0.4 and 48.2.2 of the Highway Traffic Act,

“commercial motor vehicle” means,

(a)  a motor vehicle of a class described in Column 2 of the Table to subsection 2 (1) of Ontario Regulation 340/94 (Drivers’ Licences) that may be driven only by a holder of a Class A, B, C, D, E or F driver’s licence;

(b)  a road building machine; and

(c)  a commercial motor vehicle as defined in section 3 of this Regulation. O. Reg. 336/18, s. 1.

5. Revoked: O. Reg. 163/23, s. 6.

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

 

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