| DISCUSSION PAPER
NEW COMMERCIAL VEHICLE SAFETY REGULATION AND CONSEQUENTIAL REGULATION
AMENDMENTS
Background
In Alberta, the Traffic Safety Act sets out the rights and
responsibilities of people who use the province’s roads and highways.
Regulations provide details for the principles set out in the Act.
As part
of the continuing review and consolidation of regulations under the
Traffic Safety Act, it is proposed that part or all of the following
regulations be consolidated into one new regulation called the
Commercial Vehicle Safety Regulation:
- Commercial Vehicle General Equipment and Safety Regulation
(AR 435/86) – except the equipment provisions
- Commercial Vehicle Maintenance Standards Regulation (AR
118/89)
- Commercial Bus Inspection, Equipment and Safety Regulation
(AR 428/91) – except the equipment provisions
- School Bus Operation Regulation (AR 437/86)
- Bus Safety Regulation, Schedules 3 to 6 (AR 235/82)
- Transportation of Anhydrous Ammonia and other Fertilizers Regulation
(AR 436/86)
- Driveaway and Towaway Regulation (AR 427/86)
- Cargo Securement Regulation (AR 1/2005)
In addition, it is proposed that some provisions in the regulations
listed above and in the Log Haul Regulation (AR 431/86) be consolidated
with other existing regulations for the convenience of the users.
For example:
- The equipment requirements from the Commercial Vehicle General
Equipment and Safety Regulation (AR 435/86), the Commercial Bus
Inspection, Equipment and Safety Regulation (AR 428/91), and the
Log Haul Regulation (AR 431/86) will be consolidated in the
Vehicle Equipment Regulation (AR 322/2002).
- The insurance requirements from the School Bus Operation
Regulation (AR 437/86) will be included in the Commercial Vehicle
Certificate and Insurance Regulation (AR 314/2002).
- Some other provisions from the above-noted regulations will be moved
into the Use of Highway and Rules of the Road Regulation (AR
304/2002), the Operator Licensing and Vehicle Control Regulation
(AR 320/2002), and the Commercial Vehicle Dimension and Weight
Regulation (AR 315/2002).
The key changes covered by this Discussion Paper are:
1. General
Safety requirements
2. School bus requirements
Your InputA short description of each issue is given.
Please indicate whether you agree or disagree by marking the appropriate
box. If you need more room to answer a question or have additional
comments, use a separate piece of paper and attach it to the end of this
Discussion Paper.
A draft version of the proposed Commercial Vehicle Safety
Regulation and other consequential amendments are available on the
Alberta Infrastructure and Transportation website, http://www.infratrans.gov.ab.ca. Please note that the proposed changes
contained in the draft regulation are subject to further legal review as
well as final approval of the Ministry of Infrastructure and
Transportation. Also note that the format and legal text of the
final regulation may look different from the draft regulation.
Your input is important to us. Please complete the attached
discussion paper and submit it, and any other comments you may have, by
November 17, 2006 to ensure that your views are considered.
Your completed discussion paper questionnaire can be submitted in one of
the following ways:
By mail to:
Commercial Vehicle Safety Regulation
Comments
Alberta Infrastructure and
Transportation
Vehicle Safety and Carrier Services
Branch
4999 – 98 Avenue
Edmonton, AB T6B 2X3 By
fax to: 780-422-2721 By email to: CVSR.Comments@gov.ab.ca In
addition, two dates have been scheduled for those who wish to meet with staff of Alberta Infrastructure and
Transportation, Vehicle Safety Section to discuss matters pertaining to
these matters. NOTE: the meetings will be scheduled by appointment only.
Appointments may be scheduled until November 8, 2006. It is NOT a general
meeting and there will be NO presentation made by Alberta Infrastructure
and Transportation. Calgary Tuesday, November 14, 2006 9:30
am to 3:30 pm The Delta Bow Valley 209 - 4th Ave SE Calgary, AB T2G
0C6 Edmonton Friday,
November 10, 2006 9:30 am to
3:30 pm Motor
Transport Boardroom, First
Floor, Twin Atria Building 4999 - 98 Ave Edmonton, AB
T6B 2X3
If you wish to meet with us to discuss the
draft regulation, please make an appointment for a specific date and time
by contacting 780-422-7644. If any of the questions are not clear,
or if you need more information, please call the Vehicle Safety Engineer
at 780-427-7361. You may call toll free from anywhere in Alberta by
first dialing 310-0000 and following the instructions.
You can also
find the Traffic Safety Act, its regulations, this Discussion
Paper, and more information about commercial vehicle regulatory programs
on the Alberta Infrastructure and Transportation website, http://www.infratrans.gov.ab.ca/.
A. General Safety Requirements
| 1. |
Compliance Label and National Safety Mark
(Schedule 1, section 1)
Under Section 65 of the Traffic
Safety Act, a vehicle cannot be operated on a highway unless it has
a Compliance Label and a National Safety Mark pursuant to the Motor
Vehicle Safety Act (Canada). It is proposed that vehicles that
have been modified so that they no longer conform to the original
Compliance Label would have to have a new Compliance Label showing
the information of the modified vehicle before it can be operated on
a highway. Alternatively, the vehicle would have to have a
mechanical fitness certificate issued by a qualified Professional
Engineer. In order to provide for an orderly transition, this
new requirement would only apply to vehicles manufactured on or
after January 1, 2010. |
| 2. |
Operating an Unsafe Vehicle (General
Provisions, section 2)
It is proposed that a new offence be
created for anyone operating a vehicle that is likely to cause
danger to persons or properties. The new provision would
require a vehicle operator to maintain a vehicle in a safe operating
condition, and would provide an effective enforcement mechanism for
the peace officer to deal with unsafe vehicles on
highways. |
| 3. |
Brakes required for commercial vehicles
(Schedule 2A, section 16 and Vehicle Equipment Regulation, section
54)
It is proposed that a commercial vehicle must have brakes
on all wheels. Brakes are not required if the vehicle
(including trailers) is exempted from the requirement by the
Motor Vehicle Safety Act (Canada) or by the Traffic Safety
Act. If the vehicle is converted to a type that would
require brakes, the converted vehicle must be equipped with brakes
that meet the requirements of the Motor Vehicle Safety
Act (Canada) and the Traffic Safety Act.
|
| 4. |
Warning on rear of tank truck (Schedule
1, section 5)
The current Commercial Vehicle General
Equipment and Safety Regulation (AR 435/86) requires that a
warning sign be displayed on the rear of a commercial vehicle that
transports a tank carrying flammable liquid or gas. The
current regulation does not specify the size of the tank. The
new regulation will clarify that the requirement only applies to
tanks with a capacity of 5,000 litres or
greater. |
| 5. |
Petroleum products carried by trailer (Schedule
1, section 7)
The current Commercial Vehicle
General Equipment and Safety Regulation (AR 435/86)
prohibits a single axle trailer, other than a semi-trailer, from
carrying a tank transporting petroleum products on a highway.
The current regulation does not specify the size of the tank. The
new regulation will clarify that the requirement only applies to a
tank with a capacity of 3,000 litres or greater for flammable
liquids, or 450 litres or greater for flammable
gas. |
| 6. |
Tire rating (Schedule 1, section 8)
It is
proposed that a commercial vehicle not be allowed to operate on a
highway at a speed or load greater than the rating of any tires of
the vehicle. This provision is intended to enhance road
safety. |
| 7. |
Driveaway and Towaway (Schedule
5)
The current
requirements in the Driveaway and Towaway Regulation (AR
427/86) are overly detailed, prescriptive and do not reflect
current automotive technology. “Driveaway or towaway” methods means the
delivery service rendered by a motor vehicle transporter wherein
motor vehicles are driven singly or in combinations by the towbar,
saddlemount or fullmount methods or any lawful combinations
thereof. In particular, there are two new requirements requiring
towed vehicles to have working brakes (section 14) and lamps
(section 15) in the proposed regulation. These changes reflect
current requirements and are designed to improve road
safety. |
| 8. |
Trip Inspection Written
Reports (Schedule
3)
Alberta is currently the only jurisdiction in
Canada not requiring written trip inspection reports. It is
proposed that daily trip inspection written report requirements for
trucks, truck-tractors, trailers and buses be adopted in accordance
with National Safety Code Standard (NSC) 13. It is also
proposed that motor coaches be required to comply with the
12,000‑kilometres or three-month inspection requirements for motor
coaches under NSC 13. The trip inspection reports must be kept
by the carrier for a minimum period of six (6) months. A
driver (other than a school bus driver) who is exempted from the
daily log requirement under the Drivers’ Hours of Service
Regulation (AR 317/2002) will also be exempted from the trip
inspection written report requirement. |
| 9. |
Advance warning triangle (Schedule 1,
section 4)
An advance warning triangle that complies
with the Society of Automotive Engineers (SAE) Standards J774, as
amended from time to time will be the only recognized advance
warning device under the new regulation. Flags and flares will
no longer be recognized as they are
obsolete. |
| 10. |
Working Lamps (Use of Highways and
Rules of the Road Regulation, section 56)
A commercial vehicle will be allowed to be equipped
with working lamps, designed to illuminate the deck or cargo area of
a truck. However, the commercial vehicle must not have
any working lamps alight when it is in motion on a
highway. |
| 11. |
First aid kits and fire extinguishers
(Schedule 1, sections 16 and 17)
It is proposed that standards be updated for first aid kits and
fire extinguishers to more accurately reflect current requirements
for commercial buses and school buses. |
B. School Bus Provisions
| 12. |
Daily trip inspection and written reports for
school buses (Schedule 3, sections 3 & 5)
It is proposed that a school bus operator or driver be required
to conduct a daily trip inspection of the school bus, and complete a
written report of the inspection. This new requirement is
intended to enhance the safety of students traveling in school
buses.
|
| 13. |
Guide dogs (Schedule 4, section 5)
The current School Bus Operation Regulation (AR
437/86) prohibits animals from being conveyed in a school bus.
It is proposed that a passenger who needs the assistance of a guide
dog will be allowed to have the dog accompany the person in a school
bus. This will facilitate the transportation of a person who needs
the assistance of a guide dog in a school bus, and is complimentary
to the Blind Person’s Rights
Act. |
| 14. |
School Bus Maintenance Standards
(Schedule 2D)
A new schedule
pertaining to School Bus Maintenance Standards (Schedule 2D) has
been developed primarily based on CSA D250-2003. However,
unless otherwise provided, the Schedule will not apply
retroactively. A school bus that met the CSA standard at the
time of manufacture would not have to be retrofitted to meet the CSA
standard of 2003. The only exception is crossing arm. A
school bus manufactured on or after February 1, 2000 must meet the
crossing arm requirement. |
| 15. |
Students crossing roads in rural areas
(Schedule 4, section 9)
It is proposed in
the rural area, a school bus driver must direct a student to cross
the highway in front of the school bus arm, with the crossing arm in
its open position. This requirement is included because in the
rural area, there are no traffic lights, pedestrian cross walks, etc
to aid students crossing a road in a safe
manner. |
| 16. |
Advertising on school bus (Schedule 2D,
section 16)
Stakeholders have
suggested that school buses should not be allowed to have
advertisements on the outside of a school bus. The rationale
is that advertisements may become a distraction to other
motorists. A new provision is included stipulating that any
letters, words, logos or similar signage, other than those required
by the regulation, must not exceed 100 millimetres in height. The
proposed provision will address the intent that advertising will be
restricted to enhance school bus
safety. |
Stakeholder InformationPlease indicate what type of stakeholder
you are:
The following information is optional:
Name and
mailing address of person completing this form
Name of
organization you represent, if any
Area Code and Telephone number
Area Code and Fax number
E-mail address
Thank you for taking the time to respond to our Discussion Paper.
Please provide your comments by November 17, 2006 to ensure
your views are considered.
This information is being collected for
the purpose of reviewing Alberta’s new Commercial Vehicle Safety
Regulation. The Freedom of Information and Protection of Privacy
Act governs the collection of this information. Please call Marianne
Kennedy at 780-422-0021 in Edmonton if you have any questions about the
collection and use of this information. You can call free of charge from
anywhere in the province by dialing 310-0000 and following the
instructions.
|
