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Highway Traffic Act

R.R.O. 1990, REGULATION 577

COVERING OF LOADS

Consolidation Period: From October 27, 2009 to the e-Laws currency date.

Last amendment: O. Reg. 402/09.

This is the English version of a bilingual regulation.

1. In this Regulation,

“clear aggregate” means gravel, crushed stone or slag in the form of particles that are not less than 3/8 inch in diameter or more than 1½ inches in diameter; (“agrégats épurés”)

“registered gross weight” means the weight for which a permit has been issued under the Act, the fee for which permit is based upon the weight of the vehicle or combination of vehicles and load; (“poids brut enregistré”)

“waste” means ordinary waste associated with municipal collection systems, including ashes, garbage, refuse and domestic waste. (“déchets”) R.R.O. 1990, Reg. 577, s.1.

2. (1) Subject to subsection (2), where a commercial motor vehicle or a combination of a commercial motor vehicle and trailer or trailers is being operated on a highway and is carrying a load that is,

(a) sand, gravel, crushed stone, slag, salt or any mixture thereof, where such substances are in the form of particles of up to 1½ inches in diameter;

(b) waste; or

(c) shredded scrap metal,

the portion of the load that is not enclosed by the vehicle or load container shall be covered with a covering that is made of tarpaulin, canvas, netting or other material capable of confining the load within the vehicle container or load container. R.R.O. 1990, Reg. 577, s. 2 (1).

(2) Subsection (1) does not apply where the commercial motor vehicle or the combination of a commercial motor vehicle and trailer or trailers is being operated,

(a) in the course of applying sand, salt, a mixture of sand and salt or any similar substance to the highway for the purpose of winter highway maintenance;

(b) in the course of collecting waste;

(c) in the course of carrying waste where the vehicle does not have a gross weight or registered gross weight in excess of 10,000 pounds;

(d) in the course of carrying a load that is not waste and the vehicle does not have a gross weight or registered gross weight in excess of 18,000 pounds;

(e) in the course of carrying sand, gravel, crushed stone or slag, of which not less than 90 per cent is clear aggregate, where the highest point of the load does not extend above the top of the vehicle container or load container, and the perimeters of the load are not less than twelve inches beneath the top of the vehicle container or load container;

(f) in the course of carrying sand, gravel, crushed stone, slag, salt or any mixture thereof in December, January, February or March where the highest point of the load does not extend above the top of the vehicle container or load container, and the perimeters of the load are not less than twelve inches beneath the top of the vehicle container or load container;

(g) in the course of carrying agricultural products, where such vehicle is owned by a farmer;

(h) on a highway with,

(i) an untreated gravel or crushed stone surface,

(ii) an earth surface, or

(iii) a surface treated solely for dust abatement purposes;

(i) while proceeding across a highway in order to proceed on a highway as described in clause (h), or in proceeding across a highway in order to enter onto private property abutting the highway; or

(j) within the limits of a highway construction contract. R.R.O. 1990, Reg. 577, s.2 (2).

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