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R.R.O. 1990, Reg. 575: COMMERCIAL MOTOR VEHICLE INSPECTIONS
under Highway Traffic Act, R.S.O. 1990, c. H.8
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May 8, 2007 – June 30, 2007 | |
June 1, 1999 – May 7, 2007 |
Highway Traffic Act
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R.R.O. 1990, REGULATION 575
Amended to O. Reg. 199/07
COMMERCIAL MOTOR VEHICLE INSPECTIONS
Note: This Regulation was revoked on July 1, 2007. See: O. Reg. 199/07, ss. 20, 21.
This Regulation is made in English only.
1. (1) In this Regulation,
“commercial motor vehicle” means,
(a) a commercial motor vehicle as defined in subsection 16 (1) of the Act, and
(b) a trailer or trailers drawn by a vehicle referred to in clause (a);
“emergency vehicle” means,
(a) a road service vehicle operated by or on behalf of a road authority,
(b) a vehicle used by a person employed by or on behalf of a police force, or
(c) a vehicle used by or on behalf of a public utility as defined in the Public Utilities Corporations Act;
“operator” means an operator as defined in subsection 16 (1) of the Act;
“recreation vehicle” means a vehicle designed as mobile accommodation or as self-propelled mobile accommodation and used as transportation without compensation for personal or recreational purposes and includes but is not limited to a cabin trailer, collapsible cabin trailer, tent trailer and camping trailer.
(2) For the purpose of section 107 of the Act, “commercial motor vehicle” and “operator” have the meanings set out in subsection (1). R.R.O. 1990, Reg. 575, s. 1.
PART I
TRIP INSPECTIONS
2. (1) No person shall drive a commercial motor vehicle unless the person has inspected or caused to be inspected the commercial motor vehicle within the previous 24 hours.
(2) Despite subsection (1), if a commercial motor vehicle is driven by more than one driver, the second driver is not required to inspect or cause the commercial motor vehicle to be inspected if the first driver has complied with subsection (1) and 24 hours have not elapsed since the required inspection was performed.
(3) An emergency vehicle is exempt from subsection (1) while responding to or returning from an emergency.
(4) A commercial vehicle is exempt from subsection (1) while providing relief from an earthquake, flood, fire, famine, drought, epidemic, pestilence or other disaster by transporting passengers or goods. O. Reg. 275/99, s. 1.
3. An inspection under section 2 shall include an inspection of the items set out in Schedules 1 and 2 as set out in those Schedules. R.R.O. 1990, Reg. 575, s. 3.
4. (1) Upon completion of an inspection under section 2, the person carrying out the inspection shall record on an inspection report,
(a) the motor vehicle make;
(b) the number plate or unit number of the truck, bus or tractor;
(c) the number plates or unit numbers of any trailers towed by the truck, bus or tractor;
(d) the date and time of the inspection;
(e) the name and signature of the person who carries out the inspection;
(f) a list of the items required to be inspected as set out in Schedules 1 and 2; and
(g) any safety defects of the items referred to in clause (f) disclosed by the inspection. R.R.O. 1990, Reg. 575, s. 4 (1); O. Reg. 275/99, s. 2.
(2) If no safety defects of the items referred to in clause (1) (f) are disclosed by the inspection, the person who carries out the inspection shall record that fact on the inspection report. R.R.O. 1990, Reg. 575, s. 4 (2).
5. (1) Every driver of a commercial motor vehicle shall, when he or she finishes driving the vehicle in a 24-hour period commencing with the inspection required by subsection 2 (1), record on the inspection report any safety defects of the items referred to in clause 4 (1) (f) he or she observed while driving or while otherwise in charge of the vehicle. O. Reg. 275/99, s. 3 (1).
(2) Every driver shall forward the inspection report to the operator that is responsible for the commercial motor vehicle as soon as possible after the inspection report is completed. R.R.O. 1990, Reg. 575, s. 5 (2).
(3) For the purposes of subsection (2) and clause 11 (b), an inspection report is completed,
(a) if no safety defects of the items referred to in clause 4 (1) (f) are disclosed, at the end of the 24-hour period commencing with the inspection under section 2;
(b) if a safety defect of any item referred to in clause 4 (1) (f) is disclosed, after a person who undertakes to repair the safety defect completes the entries required under section 6. R.R.O. 1990, Reg. 575, s. 5 (3); O. Reg. 275/99, s. 3 (2).
6. Every person who undertakes to repair a safety defect recorded in an inspection report shall record on the inspection report the date on which the repair is completed or the fact that no repair is required and shall sign each entry made by him or her on the report. R.R.O. 1990, Reg. 575, s. 6.
7. This Part does not apply to,
(a) a two or three axle truck, bus or tractor not towing a trailer that is primarily used to transport primary products of a farm, forest, sea or lake produced by the driver of the vehicle or the driver’s employer;
(b) a recreation vehicle;
(c) a commercial motor vehicle that has been inspected that day in accordance with Regulation 612 of the Revised Regulations of Ontario, 1990 (School Buses); or
(d) a bus that is used in the day for passenger service in a municipality or within twenty-five kilometres of the boundary of that municipality. R.R.O. 1990, Reg. 575, s. 7.
8. A driver is not required to make an inspection report respecting a bus if,
(a) the driver is instructed to drive the bus only within a 160 kilometre radius of the location at which the driver reports for work;
(b) the driver is instructed to return to the location at which the driver reports for work before being released for the day; and
(c) the operator keeps for a period of three months,
(i) a record of any safety defects disclosed in an inspection under section 2, and
(ii) a record of the repairs of the safety defects referred to in subclause (i). R.R.O. 1990, Reg. 575, s. 8; O. Reg. 275/99, s. 4.
PART II
MAINTENANCE AND COMPONENT PERFORMANCE STANDARDS
9. The vehicle component performance standards in Regulation 587 of the Revised Regulations of Ontario, 1990 and in Schedules 1, 2 and 4 of Regulation 611 of the Revised Regulations of Ontario, 1990 are prescribed for the purposes of section 107 of the Act. O. Reg. 275/99, s. 5.
PART III
RECORDS
10. Every operator shall keep, for each commercial motor vehicle for which the operator is responsible,
(a) identification records, including the commercial motor vehicle’s company number, if any, its make, vehicle identification number, year and, if the commercial motor vehicle is not owned by the operator, the name of the person that supplies the commercial motor vehicle to the operator;
(b) a record of the repairs and maintenance of the commercial motor vehicle, including the nature and date of the repairs and maintenance and the odometer reading at the time they are made;
(c) a statement of the types and frequency of inspections and maintenance to be carried out on the commercial motor vehicle; and
(d) a record of any axle or suspension modifications of the commercial motor vehicle that affect the manufacturer’s gross vehicle weight rating or gross axle weight rating. R.R.O. 1990, Reg. 575, s. 10.
11. Every operator shall keep at the operator’s principal place of business in Ontario,
(a) the records and statements for a commercial motor vehicle required under section 10 until the earlier of two years after the records and statements are made and six months after the commercial motor vehicle ceases to be the operator’s responsibility; and
(b) the inspection report for each commercial motor vehicle for which the operator is responsible for three months after the report is completed. R.R.O. 1990, Reg. 575, s. 11.
SCHEDULE 1
OUTSIDE INSPECTION
1. All lights and reflectors (equipped and functioning as required under the Act and the regulations).
2. Wheels and fasteners (for wheel or rim cracks, defective lock rings, loose or missing fasteners).
3. Tires (for tread depth, flat or noticeable leak, any visible bumps or bulges, mixture of bias and radial tires on same axle, contact with any part of the vehicle or any other tire).
4. Fuel system (for a visible leak at any point, tank filler caps shall not be missing, fuel tank shall be securely mounted).
5. Exhaust system (for audible leaks, missing or loose components, secure mountings).
6. Fifth wheel (for loose, missing or ineffective fasteners, missing, broken or deformed parts in the locking mechanism, operating handle being in closed or locked position when in use).
7. Suspension, spring, air bags and controlling attachments (for any cracked, broken, loose or missing axle positioning or fastening parts, broken or missing spring leaves, broken coil springs, deflated air suspension due to system failure).
8. Towing and coupling devices as required under the Act and the regulations (for missing or unattached safety devices, or safety devices not capable of secure attachment, wear kinks or broken cable strands, improper repairs).
9. Load security (for compliance with the requirements of Regulation 614 of the Revised Regulations of Ontario, 1990).
10. Load covering (for compliance with the requirements of Regulation 577 of the Revised Regulations of Ontario, 1990).
11. Air brake adjustment and connections (for absence of braking action on each wheel, missing, broken or loose mechanical components where readily visible, audible air leaks and brake readjustment limits).
12. Hydraulic brake fluid (for visible leakage).
13. Mirrors as required under the Act and the regulations (for condition and adjustments).
R.R.O. 1990, Reg. 575, Sched. 1.
SCHEDULE 2
INSIDE INSPECTION
1. Steering wheel, excessive play, looseness.
2. Brake pedal reserve and fade.
3. Brake booster operation.
4. Brake failure warning light functions as intended.
5. Brake air pressure or vacuum gauge.
6. Warning signal, low pressure or low vacuum.
7. Windshield washer and wipers function as intended.
8. Windshield and windows are to afford the driver a clear view.
9. Mirrors, adjustment and condition.
10. Defroster and heaters function as intended.
11. Horn functions as intended.
12. Driver’s seat belt and seat security function as intended.
13. Parking brake adequate to hold vehicle.
14. Emergency equipment as required under any Act and the regulations made thereunder for that class of vehicle.
R.R.O. 1990, Reg. 575, Sched. 2.
SCHEDULES 3-5 Revoked: O. Reg. 275/99, s. 6.