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Public Vehicles Act
Loi sur les véhicules de transport en commun

R.R.O. 1990, REGULATION 982

GENERAL

Consolidation Period: From June 5, 1996 to the e-Laws currency date.

Last amendment: O. Reg. 254/96

This Regulation is made in English only.

Definitions

1. In this Regulation,

“chartered trip” means a trip, not being a scheduled service or a special trip, for which a public vehicle is hired for the transportation exclusively of a group of persons and for which the licensee of the public vehicle,

(a) is paid one fare or charge only for the chartering of the bus, or

(b) is paid a fare by each passenger, which fare includes a charge for accommodation, meals or tickets of admission;

“licensee” means the holder of an operating licence;

“linehaul charge” means a licensee’s fare or charge for a chartered trip calculated on the basis of distance or time but excluding deadhead charges and supplementary charges connected with the charter;

“originating”, when referring to chartered trips, means starting at the point at which the first passenger for a chartered trip boards a public vehicle;

“scheduled service” means a service for which a licensee files a timetable with the Ministry under section 6;

“school bus” means a public vehicle for which a licence is issued restricting the use of the bus to school purposes only;

“special trip” means a trip, not being a chartered trip, on which a public vehicle is operated to carry passengers at a time and to a point not shown on a timetable of the licensee filed with the Ministry. R.R.O. 1990, Reg. 982, s. 1; O. Reg. 254/96, s. 1.

Public Vehicle Operating Licences

2. Revoked: O. Reg. 254/96, s. 2.

3. An application for the transfer of an operating licence shall be signed by the licensee and by the applicant and shall be accompanied by,

(a) a copy of the agreement between the licensee and the applicant that covers the sale of the business, equipment, vehicles and vehicle licences;

(b) a statutory declaration showing the liabilities, if any, of the licensee and showing how these liabilities are to be liquidated; and

(c) if the transfer is by way of change of effective control of the licensee, a report of issuance or transfer of shares of the applicant’s capital stock and such other information as is relevant to the change of control. R.R.O. 1990, Reg. 982, s. 3; O. Reg. 254/96, s. 3.

4., 5. Revoked: O. Reg. 254/96, s. 4.

Timetables

6. (1) A licensee shall file with the Board a timetable showing the scheduled times of arrival and departure of public vehicles operated by the licensee and the number of trips the vehicles make daily over each route.

(2) A licensee shall adhere to the timetable filed with the Board. O. Reg. 254/96, s. 5.

6.1 (1) The notice of discontinuance or reduction of scheduled services required under clause 5 (2) (a) of the Public Vehicles Act, is, in the case of a reduction of service, for a period of 30 days, and, in the case of discontinuance, 90 days.

(2) The notice shall,

(a) be in writing;

(b) include a statement of the effect of the proposed discontinuance or reduction on the users of the transportation service;

(c) show the availability of alternative means of transportation available to the users of the service;

(d) include a statement showing the number of passengers who used the service over the six months preceding the notice given under clause 5 (2) (b) of the Act; and

(e) include proof that the notice required under clause 5 (2) (b) of the Act has been given.

(3) If the effect of the discontinuance or reduction of service would be to cause serious hardship to the users of the scheduled service, the licensee shall, during the notice period, make all reasonable efforts to find a replacement service.

(4) A licensee who reduces a scheduled service to a point that is designated in the timetable for arrival and departure by less than 25 per cent of the level of service provided on the day this Regulation comes into force need not comply with clause (2) (b) and subsection (3) or to wait for the expiration of the 30-day period for notice of reduction of service. O. Reg. 254/96, s. 5.

Chartered Trips, Special Trips and School Buses

7. (1) For the purposes of this section and section 8,

(a) when referring to public vehicles,

(i) “Class A” means a public vehicle equipped with air-ride or torsion-bar suspension, reclining seats, baggage capacity separated from the passenger cabin, motive power that is mounted to the rear of the front axle, washroom facilities and air conditioning,

(ii) “Class B” means a public vehicle equipped with air-ride or torsion-bar suspension, reclining seats, baggage capacity separated from the passenger cabin, motive power that is mounted to the rear of the front axle, and either washroom facilities or air conditioning,

(iii) “Class C” means a public vehicle equipped with air-ride or torsion-bar suspension, reclining seats, baggage capacity separated from the passenger cabin, motive power that is mounted to the rear of the front axle, but neither washroom facilities nor air conditioning, and

(iv) “Class D” means a public vehicle that is not a Class A, B or C public vehicle;

(b) “point”, unless it is referred to in a licence in terms of a lesser area, includes,

(i) all of the urban municipality in which the point is located, or

(ii) if the point is not within an urban municipality, the area within a 15 kilometre radius around it, but does not include any part of a urban municipality. R.R.O. 1990, Reg. 982, s. 7 (1); O. Reg. 254/96, s. 6 (1).

(2) The classes set out in clause (1) (a) are set out in descending order.

(3) Subject to subsection (4), a licensee may operate a public vehicle on a chartered trip originating from any point unless the operating licence prohibits it. R.R.O. 1990, Reg. 982, s. 7 (2, 3).

(4) No licensee shall operate a public vehicle on a chartered trip on which more than 25 per cent of the passengers board the vehicle at,

(a) any point of another licensee;

(b) points on routes designated in operating licences of any other licensee. R.R.O. 1990, Reg. 982, s. 7 (4); O. Reg. 254/96, s. 6 (2).

(5) Subsection (4) does not apply if,

(a) 75 per cent of the passengers board the vehicle,

(i) at points, or

(ii) at points on routes,

designated in operating licences held by the licensee in accordance with the conditions set out in the licences; or

(b) the licensee operating the chartered trip,

(i) establishes, or

(ii) if operating the trip on behalf of another licensee, obtains from that licensee a written statement that that licensee has established,

after reasonable inquiry that no other licensee referred to in clause (4) (a) or (b) is able and willing to provide a public vehicle of the class requested or of a higher class for the fare or charge it usually charges for the public vehicle of the class requested from the closest point where the licensee normally stores a public vehicle. R.R.O. 1990, Reg. 982, s. 7 (5); O. Reg. 254/96, s. 6 (3).

(6) No provision in this section shall be construed so as to permit any person to pick up a passenger for a chartered trip at a point or on a route that is listed in a licence held by the person as being a point or a route at which chartered trip passengers are not to be picked up. R.R.O. 1990, Reg. 982, s. 7 (6); O. Reg. 254/96, s. 6 (4).

8., 9. Revoked: O. Reg. 254/96, s. 7.

10. While operated on a chartered trip, a public vehicle shall have a sign marked “chartered” exposed on the front. O. Reg. 254/96, s. 8.

11. (1) Every licensee shall ensure that a chartered trip report is completed for each chartered trip that the licensee operates by way of a public vehicle and that a copy thereof is given to the driver of each public vehicle involved in the chartered trip to be carried on the trip. R.R.O. 1990, Reg. 982, s. 11 (1); O. Reg. 254/96, s. 9 (1).

(2) For the purposes of subsection (1), a report is not complete if it is not signed by or on behalf of the licensee and, except where a chartered trip is paid for on the basis of a fare being paid to the licensee by each passenger on the trip, signed by the person contracting for the charter. R.R.O. 1990, Reg. 982, s. 11 (2).

(3) The chartered trip report shall be identified by a numerical or alpha-numerical code and shall contain,

(a) the name of the carrier issuing the report;

(b) the name and address of the person contracting with the licensee for the chartered trip or, if more than one person is contracting, the names and addresses of all contracting persons;

(c) the name and address of the person signing the report on behalf of the licensee if that person is not the licensee;

(d) the date of the trip;

(e) the departure time;

(f) the originating point of the trip;

(h) any points, other than the originating point, at which passengers are to be picked up;

(i) the destination of the trip;

(j) the number of passengers for whom the trip was booked;

(k) the number of passengers to be picked up at each point at which passengers are to be picked up;

(l) the seating capacity and class of each public vehicle hired for the charter; and

(m) the fare or charge for the trip. O. Reg. 254/96, s. 9 (2).

(4) Where a public vehicle is being operated on a highway on a chartered trip, the chartered trip report, or a true copy thereof, shall be carried by the driver and shall be surrendered for inspection upon the demand of a member of the Ontario Provincial Police Force or an officer of the Ministry. R.R.O. 1990, Reg. 982, s. 11 (4).

Service

12. No licensee shall operate a public vehicle on a highway other than that described in the licensee’s operating licence, unless the highway so described is temporarily impassable. R.R.O. 1990, Reg. 982, s. 12.

13. When a public vehicle is disabled during a trip, the licensee shall arrange immediately to transport the passengers therein to the destination to which they were being carried by the vehicle. R.R.O. 1990, Reg. 982, s. 13.

Insurance

14. (1) For each vehicle operated by a licensee the licensee shall provide or effect and carry with an insurer licensed under the Insurance Act at least,

(a) the motor vehicle liability insurance required by section 251 of the Insurance Act;

(b) insurance in the amount of $5,000 for damage to property of all passengers; and

(c) for a vehicle with the seating capacity set out in Column 2 of Table 1, the amount of insurance against loss or damage resulting from bodily injury to or death of one or more passengers that is set opposite thereto in Column 1. R.R.O. 1990, Reg. 982, s. 14 (1).

(2) Where a licensee is not a resident of Ontario, the insurance required by subsection (1) may be carried with an insurer who is authorized to transact the insurance in the state or province in which the licensee resides, if the insurer files with the Board,

(a) a power of attorney authorizing the Board to accept service of notice or process for itself and for its insured in any action or proceeding arising out of a motor vehicle accident in Ontario;

(b) an undertaking to appear in any such action or proceeding of which it has knowledge; and

(c) an undertaking not to set up as a defence to any claim, action or proceeding under a motor vehicle liability policy issued by it a defence that could not be set up if the policy had been issued in Ontario in accordance with the law of Ontario that relates to motor vehicle liability policies and to satisfy up to the limits of liability applicable under the Insurance Act, any judgment rendered and become final against it or its insured by a court in Ontario in any such action or proceeding. R.R.O. 1990, Reg. 982, s. 14 (2); O. Reg. 254/96, s. 10 (1, 2).

(3) In lieu of the insurance required by subsection (1), a licensee may file a bond in a form and amount that in the opinion of the Board affords equivalent security for the protection of the public. R.R.O. 1990, Reg. 982, s. 14 (3); O. Reg. 254/96, s. 10 (3).

Vehicles and Drivers

15. A driver of a public vehicle shall be eighteen years of age or over. R.R.O. 1990, Reg. 982, s. 15.

16. A licensee shall maintain each of his, her or its public vehicles in a safe and sanitary condition. R.R.O. 1990, Reg. 982, s. 16.

17. Where a public vehicle is used for the transportation of passengers or express freight, the licensee shall provide accommodation therefor so that there is no interference with the free and ready ingress and egress of passengers to and from the vehicle and the accommodation shall be so constructed as to prevent the property or freight from injuring a passenger. R.R.O. 1990, Reg. 982, s. 17.

18. A public vehicle shall be equipped with a speedometer, which shall be maintained in effective working order and located at a convenient place on the instrument board. R.R.O. 1990, Reg. 982, s. 18.

19. (1) A public vehicle shall be equipped with an adequate fire extinguisher.

(2) The fire extinguisher shall be kept in effective working order and shall be securely mounted in a bracket provided therefor at a place readily accessible to the driver in the forward part of the vehicle near the entrance. R.R.O. 1990, Reg. 982, s. 19.

20. A public vehicle shall be equipped with one or more lights within the vehicle that are so arranged as to provide adequate lighting for the whole of the interior of the vehicle, and the light or lights shall be kept constantly lighted between sunset and sunrise when there are passengers in the vehicle. R.R.O. 1990, Reg. 982, s. 20.

21. A public vehicle shall be equipped with the emergency equipment and tools likely to be required for replacement or use on a trip secured in a manner and place that is readily accessible in an emergency. O. Reg. 254/96, s. 11.

22. In lieu of the exits to be used only in an emergency required by subsection 25 (1) of the Act, every public vehicle shall be equipped with at least three push-out windows on each side of the passenger compartment of the vehicle, each of which,

(a) has a minimum height of twenty inches and a minimum width of thirty inches;

(b) is designed, constructed and maintained to open outwards when a reasonable amount of manual force is applied to the inside of the window; and

(c) displays on or adjacent to the window adequate directions for its emergency use. R.R.O. 1990, Reg. 982, s. 22.

General

23. Revoked: O. Reg. 254/96, s. 12.

24. A licensee shall keep a record of,

(a) the hours of labour of all drivers and the vehicle or vehicles driven by each during those hours;

(b) the operation of each public vehicle, showing each trip on which it is operated; and

(c) every chartered or special trip operated by the licensee, including a copy of every chartered trip report referred to in section 11,

and shall make the records available at any reasonable time within one year of the making thereof for inspection by an officer of the Ministry. R.R.O. 1990, Reg. 982, s. 24.

25. Revoked: O. Reg. 254/96, s. 12.

26. The following fees shall be paid to the Board:

1.

Application for, or transfer of, a permanent Public Vehicle or an Extra-provincial operating licence other than for a school bus

$500.00

2.

To oppose an application for, or transfer of, a permanent Public Vehicle or an Extra-provincial operating licence other than for a school bus

400.00

3.

Application for a Temporary Public Vehicle or an Extra-provincial operating licence other than for a school bus

300.00

4.

To oppose an application for a Temporary Public Vehicle or an Extra-provincial operating licence other than for a school bus

250.00

5.

Application for, or transfer of, a permanent School Bus operating licence

200.00

6.

To oppose an application for, or transfer of, a permanent School Bus operating licence

150.00

7.

Application for temporary School Bus operating licence

120.00

8.

Application for an interpretation of a Public Vehicle or an Extra-provincial operating licence other than for a school bus

500.00

9.

To oppose an application for an interpretation of a Public Vehicle or an Extra-provincial operating licence other than for a school bus

400.00

10.

Application for an interpretation of a School Bus operating licence

200.00

11.

To oppose an application for an interpretation of a School Bus operating licence

150.00

12.

Application to renew operating licence

200.00

13.

Request for a hearing to oppose a renewal of an operating licence

400.00

14.

Application for a Special Authority

150.00

15.

Request for a hearing to sanction a carrier

400.00

O. Reg. 254/96, s. 12.

TABLE 1

Item

Column 1

Column 2

 

Amount of Insurance

Seating Capacity for Passengers of Each Vehicle

1.

$1,000,000

1 to 7 passengers

2.

$5,000,000

8 to 12 passengers

3.

$8,000,000

13 or more passengers

O. Reg. 254/96, s. 13.

FORM 1
PUBLIC VEHICLE OPERATING LICENCE

Public Vehicles Act

R.R.O. 1990, Reg. 982, Form 1.

FORM 2
PUBLIC VEHICLE (SCHOOL BUS) OPERATING LICENCE

Public Vehicles Act

R.R.O. 1990, Reg. 982, Form 2.

FORM 3
SPECIAL LICENCE FOR CHARTERED OR SPECIAL TRIP

Public Vehicles Act

R.R.O. 1990, Reg. 982, Form 3.

FORM 4
DECLARATION UNDER SECTION 3 OF THE PUBLIC VEHICLES ACT

Public Vehicles Act

R.R.O. 1990, Reg. 982, Form 4.