O. Reg. 401/16: HOURS OF SERVICE
filed November 29, 2016 under Highway Traffic Act, R.S.O. 1990, c. H.8
Skip to contentontario regulation 401/16
made under the
Highway Traffic Act
Made: November 16, 2016
Filed: November 29, 2016
Published on e-Laws: November 29, 2016
Printed in The Ontario Gazette: December 17, 2016
Amending O. Reg. 555/06
(HOURS OF SERVICE)
1. (1) Subsection 3 (1) of Ontario Regulation 555/06 is amended by adding the following paragraph:
6. A large crane being operated by a large crane operator.
(2) Section 3 of the Regulation is amended by adding the following subsections:
(1.1) It is a condition of the exemption in paragraph 6 of subsection (1) that the large crane bears a plate fitted by the manufacturer indicating the crane’s lifting capacity.
(1.2) It is a condition of the exemption in paragraph 6 of subsection (1) that the large crane operator surrender the operator’s certificate of qualification or proof of apprenticeship, as the case may be, or a copy of it, on the demand of an inspector.
(3) Subsection 3 (4) of the Regulation is amended by adding the following definitions:
“large crane” means a crane that is capable of raising, lowering or moving any material that weighs more than 13,607 kilograms; (“grande grue”)
“large crane operator” means a person,
(a) who holds a certificate of qualification issued under the Ontario College of Trades and Apprenticeship Act, 2009, that is not suspended, in the trade of Hoisting Engineer — Mobile Crane Operator 1, or
(b) who is an apprentice and is working pursuant to a training agreement registered under the Ontario College of Trades and Apprenticeship Act, 2009, that is not suspended, in the trade of Hoisting Engineer — Mobile Crane Operator 1; (“conducteur de grandes grues”)
“proof of apprenticeship” means a proof of apprenticeship described in subsection 70 (8) of the Ontario College of Trades and Apprenticeship Act, 2009. (“preuve d’apprentissage”)
2. The Regulation is amended by adding the following sections:
Exemption from Regulation, certificate
3.2 (1) Subject to subsection (4), a driver and operator are exempt from this Regulation while the driver is driving a vehicle in respect of which an exemption certificate has been issued under subsection 191 (3) of the Act.
(2) For the purposes of subsection 191 (3) of the Act, the following class of vehicles is prescribed:
1. Vehicles that,
i. were manufactured before January 1, 2017,
ii. functioned as road-building machines prior to November 29, 2016, and
iii. did not have a valid commercial motor vehicle permit at any time in 2014 in the name of the operator applying for the certificate or a person related to the operator applying for the certificate.
(3) For the purposes of subsection 191 (5) of the Act, the following conditions are prescribed:
1. An exemption certificate issued under subsection 191 (3) of the Act is valid until June 30, 2022.
2. A vehicle in respect of which an exemption certificate has been issued under subsection 191 (3) of the Act shall only be used to perform the same functions it performed as a road-building machine prior to November 29, 2016.
(4) A driver’s on-duty time and off-duty time, within the meaning of this Regulation, when he or she is exempt from this Regulation under subsection (1) shall nonetheless be included in the calculations of a driver’s hours of off-duty and on-duty time for the purposes of complying with this Regulation on the days when the driver is not exempt under subsection (1).
(5) For the purpose of subparagraph 1 iii of subsection (2), a person is related to the operator applying for a certificate under section 191 of the Act if the person and the operator are related within the meaning of subsection 17 (4) of the Act, with necessary modifications.
Exemption from s. 6 (1), certain operators
3.3 A driver and operator are exempt from subsection 6 (1) while the driver is operating a concrete pumper or a mobile crane.
Commencement
3. This Regulation comes into force on the later of the day section 8 of Schedule 12 to the Jobs for Today and Tomorrow Act (Budget Measures), 2016 comes into force and the day this Regulation is filed.