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O. Reg. 163/23: DEFINITIONS OF COMMERCIAL MOTOR VEHICLE AND TOW TRUCK

filed June 23, 2023 under Highway Traffic Act, R.S.O. 1990, c. H.8

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ontario regulation 163/23

made under the

Highway Traffic Act

Made: June 22, 2023
Filed: June 23, 2023
Published on e-Laws: June 23, 2023
Published in The Ontario Gazette: July 8, 2023

Amending O. Reg. 419/15

(DEFINITIONS OF COMMERCIAL MOTOR VEHICLE AND TOW TRUCK)

1. The definition of “vehicle built on a truck chassis” in section 0.1 of Ontario Regulation 419/15 is revoked.

2. Section 1 of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

General definition of commercial motor vehicle

1. Subject to sections 2, 3, 4 and 4.1, the definition of “commercial motor vehicle” in subsection 1 (1) of the Act includes the following, even if it does not have a truck or delivery body attached to it:

. .  . . .

3. (1) Paragraph 17 of subsection 2 (1) of the Regulation is revoked.

(2) Subsection 2 (2) of the Regulation is revoked.

4. Section 3 of the Regulation is revoked and the following substituted:

Definition of commercial motor vehicle for specified provisions

3. (1) In the provisions of the Act listed in section 2,

“commercial motor vehicle” means, unless excluded by subsection (2),

(a) a commercial motor vehicle, as defined in subsection 1 (1) of the Act, a mobile equipment vehicle and a vehicle built on a truck chassis, if the vehicle has a gross weight or registered gross weight of more than 4,500 kilograms,

(b) a bus, regardless of weight, and

(c) a tow truck, as defined in section 1 of the Towing and Storage Safety and Enforcement Act, 2021, regardless of weight.

(2) The following vehicles are excluded from the definition of “commercial motor vehicle” in subsection (1):

1. A commercial motor vehicle, as defined in subsection 1 (1) of the Act, leased for 30 days or less by an individual for the transportation of goods kept for that individual’s personal use or for the transportation of passengers at no cost.

2. A commercial motor vehicle, as defined in subsection 1 (1) of the Act, operated under and in accordance with a Dealer permit and number plate, a Service permit and number plate or a Manufacturer permit and number plate issued under Regulation 628 (Vehicle Permits) made under the Act that is not transporting passengers or goods.

3. A bus that is used for personal purposes without compensation.

4. An ambulance, a fire apparatus, a hearse, a casket wagon or a motor home.

5. Section 4 of the Regulation is revoked and the following substituted:

Definition of commercial motor vehicle for section 190 of the Act

4. For the purposes of section 190 of the Act and of Ontario Regulation 555/06 (Hours of Service) made under the Act, “commercial motor vehicle” has the same meaning as in section 3 of this Regulation, except that it includes a tow truck described in section 3 only if it has a flatbed that can tilt to load, and it is not used exclusively to tow or transport other motor vehicles.

6. Section 5 of the Regulation is revoked.

Commencement

7. (1) Except as otherwise provided in this section, this Regulation comes into force on the day it is filed.

(2) Sections 1 to 5 come into force on the later of January 1, 2024 and the day this Regulation is filed.

(3) Section 6 comes into force on the day subsection 67 (3) of Schedule 3 (Towing and Storage Safety and Enforcement Act, 2021) to the Moving Ontarians More Safely Act, 2021 comes into force.

 

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