Worona, Tyrrell, Campbell and Jessiman Truck Safety Act, 1997
EXPLANATORY NOTE
The Bill amends the Highway Traffic Act in relation to truck safety.
A Truck Safety Review Committee will be established to give advice on the implementation of certain recommendations relating to truck safety. (Section 1)
Carriers with poor safety ratings will be prohibited from entering into contracts with the Province or carrying prescribed goods. (Sections 2 and 3)
The regulations will be required to have different classes of licences for three specific classes of trucks. (Section 4)
In certain cases, where a commercial motor vehicle or trailer is not safe, it will be mandatory that certain orders be made, including a prohibition against operating the vehicle or trailer until at least 15 days have passed and the vehicle or trailer is placed in a safe condition. (Section 5)
Specific regulation-making authority will be added dealing with standards for certain commercial motor vehicles and the seizure of plates of vehicles that fail to meet those standards. (Section 6)
The operator and the owner of a commercial motor vehicle will be guilty of an offence if a wheel becomes detached from the vehicle. The attachment of wheels to such vehicles will be prohibited, except in accordance with the manufacturer's specifications. Owners will be required to ensure that wheels are maintained in accordance with prescribed standards. (Section 7)
The regulations will be required to provide for the inspection of commercial motor vehicles every six months and the inspection of trailers every year. (Section 8)
Mechanics will not be able to sign vehicle inspection records or certify a commercial motor vehicle or trailer unless they meet the prescribed training standards. (Sections 9 and 10)
Bill 1331997
An Act to amend the
Highway Traffic Act
to improve truck safety
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Part I of the Highway Traffic Act is amended by adding the following section:
Truck Safety Review Committee
5.1 (1) Within 30 days after this section comes into force, a committee shall be established to be called the Truck Safety Review Committee in English and the Comité d'étude de la sécurité des camions in French.
Composition
(2) The committee shall be composed of five persons appointed by the Lieutenant Governor in Council.
Function of committee
(3) The committee shall make recommendations to the Minister of Transportation and the Solicitor General and Minister of Correctional Services on the implementation of the following:
1. The recommendations of the Target '97 Task Force on Truck Safety.
2. The recommendations of the coroner's jury in the inquest into the deaths of Angela Worona and James Tyrrell.
Reports to Speaker
(4) Every four months the committee shall make a report on its activities to the Speaker of the Assembly who shall cause the report to be laid before the Assembly if it is in session or, if not, at the next session.
Committee dissolved after five years
(5) The committee shall be dissolved five years after the day this section comes into force.
2. The Act is amended by adding the following section:
Operators with poor safety ratings
17.2 (1) The following apply with respect to an operator with a safety rating that falls below the minimum safety level prescribed in the regulations:
1. The carrier shall not enter into a contract with the Province of Ontario and any contract entered into in contravention of this paragraph is voidable at the option of the Province.
2. The carrier shall not carry any goods prescribed in the regulations.
Offence
(2) Every carrier who contravenes paragraph 1 or 2 of subsection (1) is guilty of an offence and, on conviction, is liable to a fine of not less than $2,000 and not more than $50,000.
3. Subsection 22 (1) of the Act, as amended by the Statutes of Ontario, 1996, chapter 33, section 6, is further amended by adding the following clauses:
(k) prescribing a minimum safety level for the purposes of subsection 17.2 (1);
(l) prescribing goods for the purposes of paragraph 2 of subsection 17.2 (1).
4. Section 32 of the Act, as amended by the Statutes of Ontario, 1993, chapter 40, section 2 and 1996, chapter 20, section 3, is further amended by adding the following subsections:
Classes of licences for trucks
(14.1) Regulations under clause (14) (d) shall prescribe different classes of driver's licences for the following classes of trucks:
1. Trucks that do not have air brakes, are not bulk liquid tankers and do not have more than one trailer.
2. Trucks that are not bulk liquid tankers and do not have more than one trailer.
3. All trucks.
Definition of "truck"
(14.2) In subsection (14.1),
"truck" means any combination of a motor vehicle and towed vehicles where the towed vehicles exceed a total gross weight of 4,600 kilograms.
5. Section 82 of the Act is amended by adding the following subsections:
Mandatory orders
(2.1) Where any commercial motor vehicle or vehicle to be drawn by a commercial motor vehicle is found to be in a dangerous or unsafe condition that is prescribed in the regulations, the police officer or officer making the examination or tests shall require the driver or owner of the vehicle to proceed to have the vehicle placed in a safe condition and shall order the vehicle to be removed from the highway and shall prohibit the operation of the vehicle on the highway until at least 15 days have passed and the vehicle has been placed in a safe condition.
. . . . .
Same
(5.1) Where the operation of a commercial motor vehicle or vehicle to be drawn by a commercial motor vehicle has been prohibited under subsection (2.1), the police officer or officer shall seize the number plates of the vehicle that is in a dangerous or unsafe condition and hold them until at least 15 days have passed and the vehicle has been placed in a safe condition.
. . . . .
Regulations
(7) The Lieutenant Governor in Council may make regulations prescribing dangerous or unsafe conditions for the purposes of subsection (2.1).
Definition of "commercial motor vehicle"
(8) In this section,
"commercial motor vehicle" means "commercial motor vehicle" as defined in section 84.1.
6. (1) Section 83 of the Act is amended by adding the following clauses:
(d) prescribing the inspection procedures, inspection requirements and performance standards required for commercial motor vehicles and vehicles to be drawn by commercial motor vehicles;
(e) prohibiting the operation on a highway of a commercial motor vehicle or vehicle to be drawn by a commercial motor vehicle that does not comply with the requirements and standards, and providing for the seizure of the number plates of the vehicle and for holding it until the vehicle is made to comply with the requirements and standards.
(2) Section 83 of the Act is amended by adding the following subsections:
Mandatory seizure
(2) Regulations made under clause (1) (e) may provide, for a vehicle that does not comply with certain requirements and standards, that the number plates of the vehicle shall be seized and shall be held until at least 15 days have passed and the vehicle has been placed in a safe condition.
Definition of "commercial motor vehicle"
(3) In this section,
"commercial motor vehicle" means "commercial motor vehicle" as defined in section 84.1.
7. The Act is amended by adding the following sections:
Offence if wheel detaches from commercial motor vehicle
84.1 (1) Where a wheel becomes detached from a commercial motor vehicle, or from a vehicle being drawn by a commercial motor vehicle, while the commercial motor vehicle is on a highway, the operator of the commercial motor vehicle and the owner of the vehicle from which the wheel became detached are guilty of an offence.
Exception
(2) Subsection (1) does not apply if the wheel is detached for the purpose of carrying out a repair.
Penalty
(3) Upon conviction of an offence under subsection (1), the person is liable to a fine of not less than $2,000 and not more than $50,000.
No imprisonment or probation
(4) A person convicted of an offence under subsection (1) is not liable to imprisonment or to a probation order under subsection 72 (1) of the Provincial Offences Act as a result of the conviction or as a result of default in payment of the fine resulting from the conviction.
Absolute liability offence
(5) It is not a defence to a charge under subsection (1) that the person exercised due diligence to avoid or prevent the detaching of the wheel.
Deemed owner
(6) For the purpose of this section, the holder of the permit or of the plate portion of the permit shall be deemed to be the owner of the vehicle, if the number plate displayed on the vehicle at the time the offence was committed corresponds to thepermit, unless the permit holder proves that the number plate was displayed on the vehicle without the permit holder's consent.
Definitions
(7) In this section,
"commercial motor vehicle" does not include a commercial motor vehicle, other than a bus, having a gross vehicle weight, as defined in subsection 114 (1), or manufacturer's gross vehicle weight rating, or gross vehicle weight for the purpose of determining the permit fee under subsection 121 (1) of 4,500 kilograms or less; ("véhicule utilitaire")
"operator" means,
(a) the person directly or indirectly responsible for the operation of a commercial motor vehicle, including the conduct of the driver of, and the carriage of goods or passengers, if any, in, the commercial motor vehicle or combination of vehicles,
(b) in the absence of evidence to the contrary, where there is no CVOR certificate, as defined in subsection 16 (1), or lease or contract applicable to a commercial motor vehicle, the holder of the plate portion of the permit for the commercial motor vehicle; ("utilisateur")
"permit" means a vehicle permit issued under subsection 7 (7) or a vehicle permit issued by another province or state; ("certificat d'immatriculation")
"wheel" includes a major component of a wheel, such as a wheel rim or wheel assembly, and a large piece of a wheel or of a major component of a wheel, but does not include a tire or large piece of a tire. ("roue")
Attachment of wheels of commercial motor vehicles, etc.
84.2 (1) No person shall attach a wheel to a commercial motor vehicle or to a vehicle to be drawn by a commercial motor vehicle except in accordance with the manufacturers' specifications.
Maintenance of wheels
(2) The owner of a commercial motor vehicle or a vehicle to be drawn by a commercial motor vehicle shall ensure that the wheels of the vehicle are maintained in accordance with the standards prescribed by the regulations.
Regulations, maintenance standards
(3) The Lieutenant Governor in Council may make regulations prescribing standards for the maintenance of wheels for the purposes of subsection (2).
Offence
(4) Every person who contravenes subsection (1) or (2) is guilty of an offence and, on conviction, is liable to a fine of not less than $2,000 and not more than $50,000.
Definitions
(5) In this section,
"commercial motor vehicle" and "wheel" have the same meaning as in section 84.1.
8. Section 87 of the Act is amended by adding the following subsections:
Commercial motor vehicles
(2) Regulations under clause (1) (a) shall prescribe commercial motor vehicles and vehicles to be drawn by commercial motor vehicles.
Frequency of inspections
(3) Regulations under clause (1) (e) shall require that,
(a) every commercial motor vehicle shall be submitted to inspection at least once every six months; and
(b) every vehicle to be drawn by a commercial motor vehicle shall be submitted to inspection at least once every year.
Definition of "commercial motor vehicle"
(4) In this section,
"commercial motor vehicle" means "commercial motor vehicle" as defined in section 84.1.
9. Section 92 of the Act is amended by adding the following subsections:
Additional requirements for commercial vehicles, etc.
(1.1) No person shall sign, as mechanic, a vehicle inspection record relating to a commercial motor vehicle or a vehicle to be drawn by a commercial motor vehicle or certify in a safety standards certificate that a commercial motor vehicle or a vehicle to be drawn by a commercial motor vehicle complies with the standards of equipment and performance prescribed by the regulations unless the person meets the truck safety training requirements prescribed in the regulations.
Definition of "commercial motor vehicle"
(1.2) In subsection (1.1),
"commercial motor vehicle" means "commercial motor vehicle" asdefined in section 84.1.
10. Subsection 100 (1) of the Act is amended by adding the following clause:
(e.1) prescribing truck safety training requirements for the purposes of subsection 92 (1.1).
Commencement
11. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.
Short title
12. The short title of this Act is the Worona, Tyrrell, Campbell and Jessiman Truck Safety Act, 1997.