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O. Reg. 398/16: ROAD-BUILDING MACHINES

under Highway Traffic Act, R.S.O. 1990, c. H.8

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current November 29, 2016 (e-Laws currency date)

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Highway Traffic Act

ONTARIO REGULATION 398/16

ROAD-BUILDING MACHINES

Consolidation Period: From November 29, 2016 to the e-Laws currency date.

Note: THIS REGULATION IS NOT YET IN FORCE. It comes into force on the day section 7 of Schedule 12 to the Jobs for Today and Tomorrow Act (Budget Measures), 2016 comes into force.

No amendments.

This is the English version of a bilingual regulation.

Definitions

1. In this Regulation,

“excavator” means a vehicle whose primary function is to excavate material; (“excavatrice”)

“low-speed street sweeper” means a street sweeper that is not capable of travelling at a speed greater than 60 kilometres per hour; (“balayeuse de voirie à basse vitesse”)

“mobile equipment vehicle” means the following vehicles:

1. A mobile crane that is not built on a truck chassis, but not an off-road mobile crane.

2. An excavator that is not built on a truck chassis, but not an off-road excavator.

3. A street sweeper that is not built on a truck chassis, but not a low-speed street sweeper; (“véhicule de matériel mobile”)

“off-road excavator” means an excavator that,

(a) is not capable of travelling at a speed greater than 60 kilometres per hour, and

(b) is not operated on a highway other than,

(i) for the purposes of crossing the highway, or

(ii) in the immediate vicinity of the construction site at which the excavator is being used; (“excavatrice tout-terrain”)

“off-road mobile crane” means a mobile crane that,

(a) is not capable of travelling at a speed greater than 60 kilometres per hour, and

(b) is not operated on a highway other than,

(i) for the purposes of crossing the highway, or

(ii) in the immediate vicinity of the construction site at which the crane is being used; (“grue mobile tout-terrain”)

“rock truck” means a vehicle that meets the following criteria: 

1. The vehicle’s primary function is to move material at a construction site.

2. The vehicle is classified as a “work vehicle” under the Motor Vehicle Safety Act (Canada) and the regulations made under it.

3. The vehicle is not operated on a highway other than in the immediate vicinity of the construction site at which the rock truck is being used; (“camion à pierre”)

“street sweeper” means a vehicle whose primary function is to clean or sweep roadways with a power brush or broom or by means of vacuum and to store collected debris in a mounted storage container. (“balayeuse de voirie”)

Road-building machines

2. (1) For the purpose of the definition of “road-building machine” in subsection 1 (1) of the Act, the following classes of vehicles are prescribed as road-building machines:

1. Pavement spreaders, pavers, profilers and finishing machines.

2. Graders.

3. Rollers and compactors.

4. Bulldozers.

5. Scrapers.

6. Loaders.

7. Tracked and wheeled tractors, other than truck tractors, while equipped with any of the following attachments:

i. Mowers.

ii. Augers or drills.

iii. Compactors.

iv. Spraying equipment.

v. Snow blowers or snow plows.

vi. Buckets or shovels.

8. Rock trucks.

9. Off-road mobile cranes.

10. Off-road excavators.

11. Low-speed street sweepers.

(2) Despite subsection (1), vehicles that belong to any of the following classes or that have any of the following features or equipment are not road-building machines:

1. Mobile equipment vehicles.

2. Vehicles constructed on a truck chassis. 

3. Vehicles for which a compliance label or manufacturer’s information label is issued under the Motor Vehicle Safety Regulations made under the Motor Vehicle Safety Act (Canada) identifying the vehicle as a truck, a multi-purpose passenger vehicle or an incomplete vehicle. 

4. Vehicles from a jurisdiction outside Canada, for which a label is issued that is comparable to a label described in paragraph 3. 

Prohibition on loads

3. No person shall drive or permit the operation of a road-building machine on a highway if the road-building machine carries a load, or draws a vehicle that carries a load, unless,

(a) the load is essential to the road-building machine’s primary highway construction or maintenance function; and

(b) the vehicle carrying the load, if any, is being used for highway construction or maintenance.

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

 

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