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O. Reg. 71/08: VEHICLE PERMITS

filed April 3, 2008 under Highway Traffic Act, R.S.O. 1990, c. H.8

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ontario regulation 71/08

made under the

highway traffic act

Made: April 2, 2008
Filed: April 3, 2008
Published on e-Laws: April 4, 2008
Printed in The Ontario Gazette: April 19, 2008

Amending Reg. 628 of R.R.O. 1990

(Vehicle Permits)

1. (1) Section 1 of Regulation 628 of the Revised Regulations of Ontario, 1990 is amended by adding the following definitions:

“special permit” means a permit issued under section 12;

“temporary validation” means validation issued under section 5.2;

(2) Section 1 of the Regulation is amended by adding the following subsections:

(2) For the purposes of sections 5.2 and 12 and subsection 17 (1), a commercial motor vehicle is considered to be laden in the following circumstances:

1. It is towing another motor vehicle.

2. It is carrying any goods or cargo.

3. It is drawing a trailer that is carrying any goods or cargo.

4. It is drawing a trailer chassis that is carrying an inter-modal shipping container. 

5. It is a bus carrying two or more passengers.

(3) Despite subsection (2), a commercial motor vehicle described in paragraph 1, 2, 3 or 4 of that subsection is considered to be unladen if its gross weight is 4,500 kilograms or less.

2. Section 4 of the Regulation is amended by adding the following subsection:

(3.1) Subsection (1) does not apply to a special permit or temporary validation of a permit.

3. Section 5 of the Regulation is amended by adding the following subsection:

(6) This section does not apply to a special permit or temporary validation of a permit.

4. The Regulation is amended by adding the following section:

5.2 (1) A permit for any motor vehicle may be temporarily validated for a period of 10 days.

(2) Subject to subsection (3), temporary validation may not be issued more than twice to the same holder of a permit for the same vehicle.

(3) If, after being issued one or two consecutive temporary validations of a permit for a vehicle, the permit is validated on payment of a fee prescribed under section 18 or 19, the permit may again be temporarily validated one or two consecutive times.

(4) Temporary validation shall not be issued for a motor vehicle if the permit for the motor vehicle is marked “unfit motor vehicle” or, in the case of a permit issued by another jurisdiction, the equivalent of unfit in that jurisdiction.

(5) Temporary validation shall not be issued for a motor vehicle if the permit for the motor vehicle indicates that the motor vehicle is classified as irreparable or salvage or, in the case of a permit issued by another jurisdiction, the equivalent of irreparable or salvage in that jurisdiction.

(6) Evidence of temporary validation shall be affixed to the number plate that corresponds to the temporary permit, in accordance with subsection 9 (1).

(7) Evidence of temporary validation shall not be displayed on the number plate of a commercial motor vehicle that is laden.

(8) Section 2 does not apply to the furnishing of evidence of temporary validation issued under this section.

5. Subsection 8 (1) of the Regulation is revoked and the following substituted:

(1) It is a condition applying to every permit, other than a CAVR cab card, IRP cab card or special permit, that it bear the signature of the holder thereof, written in ink. 

6. Subsection 8.1 (3) of the Regulation is revoked and the following substituted:

(3) Despite anything in this Regulation, no motor vehicle permit, other than a special permit, shall be renewed or evidence of validation, other than evidence of temporary validation, shall be furnished in respect of a motor vehicle to which this section applies unless the Ministry is satisfied that an emissions inspection report or a conditional emissions inspection report has been issued in respect of the vehicle within 12 months before the permit expires or, if the application for renewal is made after the expiry of the permit, within 12 months before the application for renewal.

7. Subsection 8.2 (2) of the Regulation is revoked and the following substituted:

(2) Despite anything in this Regulation, no motor vehicle permit, other than a special permit, shall be renewed or evidence of validation, other than evidence of temporary validation, shall be furnished in respect of a motor vehicle described in subsection (1) unless the Ministry is satisfied that an emissions inspection report has been issued in respect of the vehicle within 12 months before the permit expires or, if the application for renewal is made after the expiry of the permit, within 12 months before the application for renewal.  

8. Sections 11 and 12 of the Regulation are revoked and the following substituted:

Restricted Permits

12. (1) A special permit that is valid for 10 days may be issued for the following motor vehicles:

1. A commercial motor vehicle.

2. A motor vehicle or trailer owned by a manufacturer or dealer in motor vehicles or trailers. 

3. A motor vehicle or trailer bought at an auction if the Ministry has authorized the issuance of special permits at the auction.

4. A motor vehicle or trailer that is entering Ontario solely for the purpose of passing through Ontario.

5. A motor vehicle or trailer that is being taken out of Ontario.

6. A motor vehicle that is a roadworthy prototype vehicle.

(2) A special permit shall not be issued if the applicant has not complied with subsection 11 (2) of the Act.

(3) A person to whom a special permit is issued for a vehicle may be issued only one further special permit for the same vehicle in any 12-month period.

(4) Subsection (3) does not apply in respect of a special permit for which the fee prescribed under subparagraph 15 iv, v, vi or vii of subsection 17 (1) is paid.

(5) A special permit shall be affixed in a clearly visible position,

(a) to the windshield of the motor vehicle; or

(b) in the case of a special permit issued for a trailer, to the windshield of the motor vehicle drawing the trailer.

(6) Despite subsection (5), if a special permit provides for another method for affixing or carrying the special permit, it shall be affixed or carried as stated and not as provided by subsection (5).

(7) A special permit shall not be issued for a motor vehicle or trailer if the permit for the motor vehicle or trailer is marked “unfit motor vehicle” or “unfit” or, in the case of a permit issued by another jurisdiction, the equivalent of unfit in that jurisdiction. 

(8) A special permit shall not be issued for a motor vehicle or trailer if the permit for the motor vehicle or trailer indicates that it is classified as irreparable or salvage or, in the case of a permit issued by another jurisdiction, the equivalent of irreparable or salvage in that jurisdiction.

(9) A special permit shall not be displayed on a laden commercial motor vehicle unless the fee paid for the special permit was the fee prescribed by subparagraph 15 v, vi or vii of subsection 17 (1).

(10) Subsection (9) does not apply to a special permit issued for a trailer if,

(a) the trailer is drawn by a motor vehicle for which the vehicle permit was not issued under this section; and

(b) the trailer and the motor vehicle drawing it are in compliance with subsection 121 (1) of the Act.

(11) Clauses 7 (1) (b) and (c) of the Act do not apply in respect of a motor vehicle for which a special permit is issued while the special permit is valid. 

(12) Clause 7 (4) (b) of the Act does not apply in respect of a trailer with a valid special permit.

(13) Section 2 does not apply to the issuance of a special permit.

9. Paragraphs 14 and 15 of subsection 17 (1) of the Regulation are revoked and the following substituted:

 

14.

For a pemit for a commercial motor vehicle, laden or unladen, used exclusively to replace a disabled commercial motor vehicle designated and registered as a Category “A” commercial motor vehicle pursuant to the Canadian Agreement on Vehicle Registration

10

15.

For a special permit for,

 

 

i. a trailer

15

 

ii. a motor vehicle that is not a commercial motor vehicle

15

 

iii. an unladen commercial motor vehicle for which temporary validation is not issued

15

 

iv. a roadworthy prototype vehicle

15

 

v. a laden commercial motor vehicle not drawing a trailer

75

 

vi. a commercial motor vehicle drawing a trailer, either or both of which are laden

132

 

vii. a commercial motor vehicle on whose chassis there is a machine or apparatus that is not designed or used primarly for the transportation of persons or property

132

10. The Regulation is amended by adding the following section under the heading “Validation Fees”:

17.1 The fee for temporary validation of a permit is $15. 

11. This Regulation comes into force on the later of July 27, 2008 and the day this Regulation is filed.