“Inspection And Maintenance Of Commercial Motor Vehicles 107”

107. (1) Every operator shall establish a system, and prepare and keep a written record of that system, to periodically inspect and maintain all commercial motor vehicles and vehicles drawn by commercial motor vehicles that are under the operators control and that are operated or drawn on the highway. 2005, c. 26, Sched. A, s. 16.

(2) Every operator shall ensure that periodic inspections and maintenance are carried out in accordance with the system established under subsection (1). 2005, c. 26, Sched. A, s. 16.

(3) Every operator shall ensure that the commercial motor vehicles operated by the operator on a highway and the vehicles drawn by such commercial motor vehicles meet the prescribed performance standards. 2005, c. 26, Sched. A, s. 16.

(4) Every operator shall, for every commercial motor vehicle operated by the operator and for every vehicle drawn by such a commercial motor vehicle,

(a) supply the driver of the commercial motor vehicle with the daily inspection schedule for the commercial motor vehicle and the drawn vehicle;

(b) ensure that daily inspections of the commercial motor vehicle and drawn vehicle are conducted in the prescribed manner;

(c) ensure that any under-vehicle inspections required by the regulations in respect of the commercial motor vehicle and drawn vehicle are conducted at the times, in the circumstances and in the manner prescribed;

(d) ensure the accurate completion of daily inspection reports and under-vehicle inspection reports in respect of the commercial motor vehicle and drawn vehicle. 2005, c. 26, Sched. A, s. 16.

(5) Every person who conducts a daily inspection or under-vehicle inspection shall accurately complete an inspection report forthwith after completing the inspection. 2005, c. 26, Sched. A, s. 16.

Driver to carry inspection schedule, reports

(6) At all times while in control of a commercial motor vehicle on a highway, the driver of the vehicle shall have in his or her possession the daily inspection schedule for the commercial motor vehicle and for any vehicle drawn by the commercial motor vehicle and the completed daily inspection reports and under-vehicle inspection reports, if applicable, for the commercial motor vehicle and drawn vehicle. 2005, c. 26, Sched. A, s. 16.

Driver to surrender reports

(7) The driver of a commercial motor vehicle shall, upon the demand of a police officer or officer appointed for carrying out the provisions of this Act, forthwith surrender the inspection schedule and reports that he or she is required to have in his or her possession by subsection (6). 2005, c. 26, Sched. A, s. 16.

(8) Every driver of a commercial motor vehicle shall,

(a) make an entry in the daily inspection report forthwith upon any defect coming to his or her attention after the daily inspection is conducted;

(b) report forthwith to the operator, as prescribed, any defect found on the commercial motor vehicle or vehicle drawn by the commercial motor vehicle as a result of the daily inspection or that comes to his or her attention after the daily inspection is conducted; and

(c) submit the completed daily inspection reports and under-vehicle inspection reports to the operator as prescribed. 2005, c. 26, Sched. A, s. 16.

(9) No person shall drive a commercial motor vehicle on a highway unless a daily inspection of the commercial motor vehicle and any vehicle drawn by the commercial motor vehicle and, if required by the regulations, an under-vehicle inspection or inspections, have been conducted as required by the regulations and an inspection report for each inspection has been completed. 2005, c. 26, Sched. A, s. 16.

(10) Where a person other than the driver of the commercial motor vehicle conducts the daily inspection or under-vehicle inspection and provides the driver with a completed inspection report, the driver may rely on the inspection report for the purpose of subsection (9) as proof that the inspection to which it relates was conducted as required by the regulations, unless the driver has reason to believe otherwise. 2005, c. 26, Sched. A, s. 16.

(11) No person shall drive a commercial motor vehicle on a highway if the commercial motor vehicle or any vehicle drawn by the commercial motor vehicle has a defect prescribed for the purpose of this subsection. 2005, c. 26, Sched. A, s. 16.

(12) No person shall drive a commercial motor vehicle on a highway if the commercial motor vehicle or any vehicle drawn by the commercial motor vehicle has a defect prescribed for the purpose of this subsection, except as permitted by and in accordance with the regulations. 2005, c. 26, Sched. A, s. 16.

(13) Every operator of a commercial motor vehicle shall maintain or cause to be maintained the books and records that are prescribed at the prescribed location and shall produce the books and records upon the demand of an officer appointed for carrying out the provisions of this Act. 2005, c. 26, Sched. A, s. 16.

(14) Despite the Electronic Commerce Act, 2000, electronic documents may only be used for a purpose under this section in compliance with the regulations. 2005, c. 26, Sched. A, s. 16.

(15) Every person who contravenes or fails to comply with subsection (1), (2), (3), (4), (11) or (13) is guilty of an offence and on conviction is liable to a fine of not less than $250 and not more than $20,000 or to imprisonment for a term of not more than six months, or to both. 2005, c. 26, Sched. A, s. 16.

(16) Every person who contravenes or fails to comply with subsection (5), clause (8) (b) or subsection (9) or (12) is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $1,000. 2005, c. 26, Sched. A, s. 16.

Not liable for other offences

(17) It is a defence for a person, other than the operator, charged with an offence under another section of this Act in respect of a defect prescribed for the purpose of subsection (12) that the person complied with the regulations made for the purpose of that subsection. 2005, c. 26, Sched. A, s. 16.

Regulations

(18) The Lieutenant Governor in Council may make regulations,

(a) defining "commercial motor vehicle" and "operator" for the purposes of this section;

(b) respecting the driving or operation of commercial motor vehicles and the drawing of vehicles by commercial motor vehicles;

(c) prescribing minimum requirements that the system of periodic inspections and maintenance required by subsection (1) must meet, including the content and frequency of the inspections and maintenance;

(d) prescribing performance standards for the purpose of subsection (3);

(e) governing daily inspections and under-vehicle inspections, including prescribing their content, method, and timing, the period for which they are valid and, in respect of under-vehicle inspections, the classes or types of vehicles that require them;

(f) prescribing the qualifications of the persons who may inspect vehicles, and prescribing different qualifications for different kinds of inspections and for different classes or types of vehicles;

(g) prescribing the contents of daily inspection schedules and reports and under-vehicle inspection reports;

(h) governing the making of entries under clause (8) (a);

(i) governing the reporting under clause (8) (b), including operators responsibilities with respect to reporting;

(j) governing the submission of inspection reports under clause (8) (c);

(k) prescribing defects for the purpose of subsection (11);

(l) prescribing defects and requirements for the purpose of subsection (12);

(m) prescribing and governing books and records to be maintained by operators and prescribing the location where books and records are to be maintained;

(n) governing the use of electronic documents;

(o) exempting any person or class of persons or any vehicle or class or type of vehicles from any provision of this section or of any regulation made under this section and prescribing conditions and circumstances for any such exemption. 2005, c. 26, Sched. A, s. 16.

(19) A regulation made under subsection (18) may apply in respect of a class or type of vehicle or class of operator or person and may contain different provisions for different classes or types of vehicles and different classes of operators and persons. 2005, c. 26, Sched. A, s. 16.