Cargo Securement Regulation

Cargo Securement Regulation, M.R. 37/2005 The Highway Traffic Act , C.C.S.M. c. H60 Regulation 37/2005 Registered March 14, 2005 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Adoption of NSC Standard 10 3 Safety responsibility 4 Cargo securement generally 5 Cargo securement — certain cargo 5.1 Extended application of section 4 and subsections 5(1) and (2) 6 Non-application to emergency vehicles 7 Repeal 8 Coming into force Definitions 1 The following definitions apply in this regulation. "Act" means The Highway Traffic Act . («  Code  ») "vehicle" means any of the following: (a) a regulated vehicle that is a motor vehicle; (b) a regulated vehicle that is a trailer; (c) a trailer that is not a regulated vehicle but is towed by a regulated vehicle described in clause (a). (« véhicule ») "waste" means ordinary waste of the type collected by municipal garbage collection systems, including, but not limited to, ashes, domestic waste, garbage and refuse. (« déchets ») M.R. 85/2015 ; 17/2019 Adoption of NSC Standard 10 2(1) Except as provided in subsection (2), National Safety Code for Motor Carriers Standard 10 — Cargo Securement of the Canadian Council of Motor Transport Administrators, as approved September 23, 2004, and as amended or replaced after that date, is adopted and forms part of this regulation. 2(2) The definition "vehicle" set out in National Safety Code for Motor Carriers Standard 10 — Cargo Securement is not adopted and does not form part of this regulation. M.R. 85/2015 Safety responsibility 3(1) A motor carrier must not permit a driver to drive a vehicle if (a) the vehicle does not comply with this regulation; (b) the cargo transported by the vehicle is not contained, covered, immobilized or secured in accordance with this regulation; or (c) the driver does not take any action that this regulation requires the driver to take. 3(2) A driver must not drive a vehicle if (a) the vehicle does not comply with this regulation; (b) the cargo transported by the vehicle is not contained, covered, immobilized or secured in accordance with this regulation; or (c) the driver does not take any action that this regulation requires the driver to take. M.R. 85/2015 ; 17/2019 ; 129/2025 Cargo securement generally 4 Without limiting the application of any provision adopted by section 2 or the application of section 3, cargo transported by a vehicle must be contained, covered, immobilized or secured so that it cannot (a) leak from, spill from, blow off, fall from, fall through or otherwise be dislodged from the vehicle; or (b) shift in or on the vehicle to such an extent that the vehicle's stability or manœuvrability is adversely affected. Cargo securement — certain cargo 5(1) Any portion of a load of (a) sand, gravel, crushed stone, ore, slag or salt, or any mixture of them, consisting in whole or part of particles 40 mm in diameter or smaller; (b) waste; or (c) shredded scrap metal; that is carried by a vehicle on a highway and not enclosed by the vehicle or a load container must be covered with a covering that meets the requirements of subsection (2). 5(2) The covering must (a) be made of tarpaulin, canvas, wire mesh, netting or another material capable of containing the load within the vehicle or load container; and (b) be secured to the vehicle or load container in such a manner that it cannot separate from the vehicle or load container. 5(3) Subsections (1) and (2) do not apply to a vehicle used (a) to collect waste for a municipality while the vehicle is being loaded or being moved during loading; (b) to carry sand, gravel, crushed stone, slag, salt or a mixture of them to a location where the load will be applied to the road surface in winter highway maintenance by or on behalf of a traffic authority; (c) to apply sand, gravel, crushed stone, slag, salt or a mixture of them to the road surface in winter highway maintenance by or on behalf of a traffic authority; or (d) for construction work within a construction site on a highway. Extended application of section 4 and subsections 5(1) and (2) 5.1(1) Despite the definition "vehicle" in section 1 of this regulation, this section extends the application of section 4 and subsections 5(1) and (2) of this regulation to all other vehicles (in this section referred to as "non-NSC vehicles") that are within the meaning of the definition "vehicle" in section 1 of the Act. 5.1(2) A person who owns a non-NSC vehicle must not permit a driver to drive it on a highway if cargo transported by the non-NSC vehicle is not contained, covered, immobilized or secured in accordance with section 4 and subsections 5(1) and (2). 5.1(3) A driver must not drive a non-NSC vehicle on a highway if cargo transported by the non-NSC vehicle is not contained, covered, immobilized or secured in accordance with section 4 and subsections 5(1) and (2). M.R. 85/2015 Non-application to emergency vehicles 6 This regulation does not apply to emergency vehicles. Repeal 7 The Securement of Vehicle Loads Regulation , Manitoba Regulation 157/91, is repealed. Coming into force 8 This regulation comes into force on April 1, 2005, or on the day it is registered under The Regulations Act , whichever is later.