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Highway Traffic Act
Code de la route

ONTARIO REGULATION 512/97

CRITICAL DEFECTS OF COMMERCIAL MOTOR VEHICLES

Historical version for the period January 1, 2011 to June 21, 2012.

Last amendment: O. Reg. 410/10.

This Regulation is made in English only.

PART I
GENERAL

Certification of Officers

1. A police officer or officer appointed for carrying out the provisions of the Act must hold a Critical Inspection Certificate issued by the Registrar in order to carry out inspections under section 82.1 of the Act. O. Reg. 512/97, s. 1; O. Reg. 130/10, s. 2.

Prescribed Period

2. For the purpose of subsection 82.1 (8) of the Act, the prescribed period is two years. O. Reg. 512/97, s. 2; O. Reg. 410/10, s. 1.

3. Revoked: O. Reg. 410/10, s. 2.

Security

4. (1) For the purpose of subsection 82.1 (23) of the Act, the security ordered to be deposited with the court may be in the form of a bond, letter of credit, certified cheque, bank draft or money order. O. Reg. 512/97, s. 4 (1).

(2) If the security is in the form of a bond, it shall be given by an insurer licensed under the Insurance Act to write surety and fidelity insurance and shall remain in force until the security is released to the owner under subsection (9) or transferred to the Minister of Finance under subsection (11). O. Reg. 512/97, s. 4 (2).

(3) If the security is in the form of a letter of credit, it shall be irrevocable, shall be given by a loan or trust corporation registered in Ontario or by a bank named in Schedule I or II of the Bank Act (Canada) and shall remain in force until the security is released to the owner under subsection (9) or transferred to the Minister of Finance under subsection (11). O. Reg. 512/97, s. 4 (3).

(4) All security deposited with the court shall be made payable to the Accountant of the Superior Court of Justice. O. Reg. 512/97, s. 4 (4); O. Reg. 130/10, s. 3.

(5) The Accountant of the Superior Court of Justice shall not release the security to the owner except in accordance with a court order or on consent and shall not transfer the security to the Crown except in accordance with a certificate of forfeiture. O. Reg. 512/97, s. 4 (5); O. Reg. 130/10, s. 3.

(6) An owner who seeks the release of the security shall obtain an order of the court that ordered that the security be deposited or the consent of the Registrar to the release of the security. O. Reg. 512/97, s. 4 (6).

(7) An owner who seeks the release of the security in accordance with a court order shall file with the Accountant of the Superior Court of Justice,

(a) a requisition for the release of the security;

(b) a certified copy of the court order; and

(c) an affidavit stating that the time prescribed by the Rules of Civil Procedure for an appeal from the court order directing the release of the security has expired and no appeal is pending. O. Reg. 512/97, s. 4 (7); O. Reg. 130/10, s. 3.

(8) An owner who seeks the release of the security on consent shall file with the Accountant of the Superior Court of Justice,

(a) a requisition for the release of the security; and

(b) the consent of the owner and the Registrar, or their solicitors. O. Reg. 512/97, s. 4 (8); O. Reg. 130/10, s. 3.

(9) Upon receipt of the materials required by subsection (7) or (8), the Accountant of the Superior Court of Justice shall release the security to the owner with accrued interest, if any. O. Reg. 512/97, s. 4 (9); O. Reg. 130/10, s. 3.

(10) Upon the forfeiture of the security to the Crown under subsection 50.3 (4) or (7) of the Act, the Registrar may file with the Accountant of the Superior Court of Justice a certificate of forfeiture in a form approved by the Minister, without notice to the owner. O. Reg. 512/97, s. 4 (10); O. Reg. 130/10, s. 3.

(11) Upon receipt of the certificate of forfeiture, the Accountant of the Superior Court of Justice shall transfer the security with accrued interest, if any, to the Minister of Finance. O. Reg. 512/97, s. 4 (11); O. Reg. 130/10, s. 3.

PART II
CRITICAL DEFECTS

Interpretation

5. (1) In this Part,

“broken”, when used to refer to a vehicle component, means that the component or any of its sub-components is split into more than one part;

“cracked”, when used to refer to a vehicle component, means that the component is not broken but has a split that penetrates completely through the component or any of its sub-components;

“steering axle” means any axle of a commercial motor vehicle that is controlled by the driver to provide direction to the motor vehicle. O. Reg. 512/97, s. 5 (1).

(2) For the purposes of determining if a commercial motor vehicle or trailer has a critical defect under section 82.1 or 84 of the Act,

(a) a liftable axle, being an axle that is designed to be adjusted vertically and to lift its tires from contact with the surface of the highway when in a raised position, shall be considered part of a vehicle;

(b) a conversion unit shall be considered part of the vehicle that it converts; and

(c) a trailer converter dolly, if carrying a trailer, shall be considered part of that trailer. O. Reg. 512/97, s. 5 (2); O. Reg. 130/10, s. 4.

Brakes

6. In sections 7 and 8,

“rotor” includes a disc. O. Reg. 512/97, s. 6.

Air Brakes

7. (1) In this section, the measurement of travel of a push rod out of a service brake chamber shall be taken with the vehicle engine turned off, the air system pressure between 90 and 100 psi (620 and 690 kPa), the park brakes released and the service brake actuator fully applied. O. Reg. 512/97, s. 7 (1).

(2) A commercial motor vehicle or trailer, if the trailer is required by subsection 64 (5) of the Act to have brakes, equipped with an air brake system other than an air-over-hydraulic brake system has a critical defect for the purposes of sections 82.1 and 84 of the Act if one or more of the following defects is present on more than 50 per cent of the wheel brakes of the vehicle:

1. A drum or rotor is cracked, broken or missing.

2. A chamber housing, chamber support, chamber push rod, slack adjuster, cam shaft, or cam shaft support bracket is broken or missing.

3. A shoe, shoe lining, shoe block, pad, pad lining or pad block is missing.

4. The push rod travel out of the service brake chamber is ¼ inch (6.3 mm) or more beyond the measurement listed in Column 2 of Schedule 1 for the type of chamber listed in Column 1 of Schedule 1 if the brake is cam or disc type. O. Reg. 512/97, s. 7 (2); O. Reg. 130/10, s. 5.

Hydraulic Brakes

8. (1) A commercial motor vehicle or trailer, if the trailer is required by subsection 64 (5) of the Act to have brakes, equipped with hydraulic or air-over-hydraulic brakes has a critical defect for the purposes of sections 82.1 and 84 of the Act if two or more of the following defects are present on the vehicle:

1. Brake fluid can be seen coming out of any location in the system upon full brake application with the vehicle engine turned on or the depth of hydraulic brake fluid in any reservoir of the master cylinder is less than ¼ inch (6.3 mm) at its deepest point.

2. A brake drum or rotor is cracked, broken or missing.

3. The actuator, linkages or cables of the parking brake system are broken or missing or any cables are seized such that there is no movement of the cables to both rear wheel brakes when the brake actuator is applied. O. Reg. 512/97, s. 8 (1); O. Reg. 130/10, s. 6 (1).

(2) If a commercial motor vehicle or trailer has two or more defects of the type described in paragraph 2 of subsection (1), the two or more defects under that paragraph constitute a critical defect for the purposes of sections 82.1 and 84 of the Act. O. Reg. 512/97, s. 8 (2); O. Reg. 130/10, s. 6 (2).

Steering

9. A commercial motor vehicle has a critical defect for the purposes of sections 82.1 and 84 of the Act if either of the following defects is present:

1. With the wheels of the steering axle on the ground in the straight ahead position and the engine turned on, the circumference of the steering wheel moves in excess of the measurements contained in Column 2 for the applicable diameter shown in Column 1 of Schedule 2, with no accompanying movement of the left front wheel.

2. With the vehicle having been stopped with the wheels of the steering axle on the ground in the straight ahead position, with hand force alone applied, a steering linkage ball and socket joint relating to the steering axle moves other than rotationally by more than ¼ inch (6.3 mm). O. Reg. 512/97, s. 9; O. Reg. 130/10, s. 7.

Wheels and Rims

definitions

10. (1) In this section,

“fastener” means a component used to secure a vehicle’s disc wheels or spoke wheel rims to the vehicle and may include a wheel stud, rim clamp stud, inner cap nut, outer cap nut, two-piece flange nut, ball seat nut, flat nut or any combination of them;

“loose”, when applied to a fastener, means that there is visually observable space between the fastener and its contact point on the disc wheel or spoke wheel rim or that the fastener can be moved using hand force only;

“wheel assembly” means disc wheels, spoke wheels and fasteners on one side of one axle. O. Reg. 512/97, s. 10 (1).

(2) A commercial motor vehicle or trailer has a critical defect for the purposes of sections 82.1 and 84 of the Act if one or more of the following defects is present on two or more of its wheel assemblies:

1. A disc wheel or component of it is broken.

2. 50 per cent or more of the stud holes in a stud piloted disc wheel are visibly elongated or 50 per cent or more of the stud holes in a hub piloted disc wheel are visible when the nuts are seated against the disc wheel.

3. A spoke wheel, including a cast wheel, or a component of it, is broken.

4. On a wheel with 10 or more fastener positions, any three fasteners or any two adjacent fasteners are cracked, broken, missing or loose.

5. On a wheel with 9 or fewer fastener positions, any two fasteners are cracked, broken, missing or loose. O. Reg. 512/97, s. 10 (2); O. Reg. 130/10, s. 8.

Tires

11. (1) In this section,

“bias ply tire” includes belted bias ply tire;

“cord” means the strands of material used to strengthen a tire;

“radial ply tire” includes belted radial ply tire;

“sidewall” means the portion of a tire between the tread and the bead;

“tread” means the portion of a tire designed to come into contact with the road. O. Reg. 512/97, s. 11 (1).

(2) A commercial motor vehicle or trailer has a critical defect for the purposes of sections 82.1 and 84 of the Act if one or more of the following defects is present on four or more of its tires:

1. A steering axle tire,

i. has no tread remaining across 75 per cent or more of the width of the tire at any location on the tire, or

ii. has exposed cord.

2. In a bias ply tire, other than a steering axle tire,

i. two or more layers of cord are exposed, or

ii. five square inches (32.3square centimetres) or more of the outermost layer of cords are exposed.

3. In a radial ply tire, other than a steering axle tire,

i. two or more layers of cord are exposed in the tread area, or

ii. six squareinches (38.7 square centimetres) of cord is exposed in the sidewall.

4. A tire,

i. is contacting a vehicle component, other than a tire, with the vehicle stopped in the straight ahead position,

ii. is void of air pressure or has an air leak that is audible or tangible, or

iii. is marked “not for highway use” or “farm use only” or bears the letters “SL”, “NHS”, “K”, “SS”, “AT”, “DH”, “VA” or “TG” as part of the tire designation or on any other location on the tire. O. Reg. 512/97, s. 11 (2); O. Reg. 130/10, s. 9.

Suspension and Frame

12. (1) In this section,

“helper leaf spring” means a leaf spring designed for auxiliary load resistance;

“leaf spring assembly” means an assembly of four or more leaf springs, not including helper leaf springs;

“leaf spring” means a long narrow plate of spring steel designed for load resistance. O. Reg. 512/97, s. 12 (1).

(2) A commercial motor vehicle or trailer has a critical defect for the purposes of sections 82.1 and 84 of the Act if on one or more of its leaf spring assemblies 50 per cent or more of the leaf springs, including the helper leaf springs if in use, are broken. O. Reg. 512/97, s. 12 (2); O. Reg. 130/10, s. 10 (1).

(3) A commercial motor vehicle or trailer has a critical defect for the purposes of sections 82.1 and 84 of the Act if any of its frame members or other structural support members is broken, bent or perforated by corrosion resulting in the shifting of the vehicle’s body onto any component of the vehicle’s steering, clutch, fifth wheel, engine, transmission or suspension systems. O. Reg. 512/97, s. 12 (3); O. Reg. 130/10, s. 10 (2).

13. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 512/97, s. 13.

SCHEDULE 1

Column 1

Column 2

Service Brake Chambers

Push Rod Travel

Clamp Type Brake Chamber Data

 

Type

Outside Diameter

 

6

"

(114.3mm)

"

(31.75mm)

9

"

(133.35mm)

13/8"

(34.93mm)

12

511/16"

(144.46mm)

13/8"

(34.93mm)

12 Long Stroke

511/16"

(144.46mm)

"

(44.45mm)

16

63/8"

(161.93mm)

"

(44.45mm)

16 Long Stroke

63/8"

(161.93mm)

2"

(50.8mm)

20

625/32"

(172.24mm)

"

(44.45mm)

20 Long Stroke

625/32"

(172.24mm)

2"

(50.8mm)

24

77/32"

(183.36mm)

"

(44.45mm)

24 Long Stroke

77/32"

(183.36mm)

2"

(50.8mm)

24 Long Stroke with Square Inlet Port or with Square Raised Embossment on Lid

77/32"

(183.36mm)

"

(63.5mm)

30

83/32"

(205.58mm)

2"

(50.8mm)

30 Long Stroke with Square Inlet Port or with Square Raised Embossment on Lid

83/32"

(205.58mm)

"

(63.5mm)

36

9"

(228.6mm)

"

(57.15mm)

Bolt Type Chamber Data

 

Type

Outside Diameter

 

A

615/16"

(176.21mm)

13/8"

(34.93mm)

B

93/16"

(233.36mm)

"

(44.45mm)

C

81/16"

(204.79mm)

"

(44.45mm)

D

"

(133.35mm)

"

(31.75mm)

E

63/16"

(157.16mm)

13/8"

(34.93mm)

F

11"

(279.4mm)

"

(57.15mm)

G

97/8"

(250.83mm)

2"

(50.8mm)

Rotochamber Type Chamber Data

 

Type

Outside Diameter

 

9

49/32"

(108.74mm)

"

(38.1mm)

12

413/16"

(122.23mm)

"

(38.1mm)

16

513/32"

(137.32mm)

2"

(50.8mm)

20

515/16"

(150.81mm)

2"

(50.8mm)

24

613/32"

(162.72mm)

2"

(50.8mm)

30

71/16"

(179.39mm)

"

(57.15mm)

36

75/8"

(193.68mm)

"

(69.85mm)

50

87/8"

(225.43mm)

3"

(76.2mm)

Tie Rod Piston Type Chamber Data

 

Type

Outside Diameter

 

30 Long Stroke with Square Inlet Port

"

(165.1mm)

"

(63.5mm)

DD-3 Type Chamber Data

 

Type

Outside Diameter

 

30

81/8"

(206.37mm)

"

(57.15mm)

O. Reg. 512/97, Sched. 1.

SCHEDULE 2

Column 1

Column 2

Steering Wheel Diameter

Free movement

Less than 16 inches (40.6cm)

8 inches

(20.3cm)

16 inches (40.6cm) and larger but less than 18 inches (45.7cm)

9 inches

(22.8cm)

18 inches (45.7cm) and larger but less than 19 inches (48.2cm)

10 inches

(25.4cm)

19 inches (48.2cm) and larger but less than 20 inches (50.8cm)

11 inches

(29.7cm)

20 inches (50.8cm)and larger but less than 21 inches (53.3cm)

12 inches

(30.4cm)

21 inches (53.3cm) and larger but less than 22 inches (55.8cm)

13 inches

(33cm)

22 inches and larger (55.8cm)

14 inches

(35.5cm)

O. Reg. 512/97, Sched. 2.