RSNL1990 CHAPTER M-19 - MOTOR CARRIER ACT

RSNL1990 CHAPTER M-19 MOTOR CARRIER ACT Amended: 1991 c43 s14; 1995 cP-31.1 s53; 1996 cR-10.1 s50; 1997 c13 s46; 2001 c19 CHAPTER M-19 AN ACT TO PROVIDE FOR THE REGULATION OF MOTOR VEHICLES USED IN THE TRANSPORTATION OF PERSONS FOR COMPENSATION 1996 cR-10.1 s50 Analysis 1. Short title 2. Definitions 3. Exemption from Act 4. Certificate required 5. Rep. by 1996 cR-10.1 s50 6. Certificates 7. Granting of certificate 8. Where application is rejected 9. Hearing before board 10. Processing of applications 11. Re-application prohibited 12. Transfer, etc. prohibited 13. Term of certificate 14. Exclusive rights 15. Information to be provided 16. Amendment, etc. of certificate 17. Registrar's powers 18. Costs of hearing 19. Operation of vehicle after cancellation, etc. 20. Display of plate or sticker on vehicle 21. Operation to comply with certificate 22. Rates 23. Cessation of service 24. Employees to be notified 25. Duty to accept passengers 26. Routes 27. Schedules and services 28. Regulations 29. Rep. by 1996 cR-10.1 s50 30. Duty of carrier 31. Information required 32. Exceeding certificate limits; offence 33. Offence and penalty 34. Violation ticket 35. Powers of board 36. Joint hearing 37. Direction to board 38. Inspectors 39. Application of Public Utilities Act 40. Rep. by 1996 cR-10.1 s50 41. Exclusion from Act 42. Provisions, etc. additional to other Act 43. Disposition of fees 44. Employer liable Short title 1. This Act may be cited as the Motor Carrier Act. 1990 c46 s1 Back to Top Definitions 2. In this Act (a) "ambulance" means an ambulance as defined by the regulations and "ambulance service" has a corresponding meaning; (b) "board" means the Board of Commissioners of Public Utilities; (b.1) "bus" means a vehicle capable of seating 7 or more passengers in addition to the driver; (c) "certificate" means a valid and existing motor carrier certificate granted to a person under this Act; (c.1) "chartered trip" means a trip where a person who is not the owner or operator of the bus agrees in writing with the owner or operator of the bus to pay a single fee for the transportation of a group of people; (d) [Rep. by 1996 cR-10.1 s50] (e) [Rep. by 1996 cR-10.1 s50] (f) "highway" means highway as defined by the Highway Traffic Act; (g) "inspector" means a person appointed as an inspector under section 38; (h) "inter-corporate carriage" means inter-corporate carriage as defined by the regulations; (i) "maximum gross mass" means maximum gross mass as defined by the Highway Traffic Act; (j) "minister" means the minister appointed under the Executive Council Act; (k) "motor carrier" means a person operating a public service vehicle and includes a person who is the holder of a certificate; (l) "motor vehicle" means a motor vehicle as defined by the Highway Traffic Act; (m) "operate", in respect of a motor vehicle, includes the driving or managing of the motor vehicle; (n) "owner" means (i) the person who holds the legal title to a vehicle, (ii) in the case of a vehicle which is the subject of a mortgage, the mortgagor if he or she is entitled to possession of the vehicle, (iii) in the case of a vehicle which is the subject of a hire-purchase agreement, the person in possession of the vehicle under the agreement, or (iv) in the case of a vehicle which is the subject of a conditional sale contract, the buyer under the conditional sale contract if he or she is entitled to possession of the vehicle; (o) "passenger" includes a passenger's personal baggage; (p) "public service vehicle" means a vehicle which is required under section 4 to be operated under a certificate; (q) "registrar" means the Registrar of Motor Vehicles appointed under the Highway Traffic Act; (r) "school bus" means a bus as defined in the Highway Traffic Act and operated for the transportation of children to or from school or school related activities; (r.1) " Trans Canada Highway " means the highway marked by the province as Route No. 1; (r.2) " Trans Canada Highway corridor" means (i) the Trans Canada Highway and a 10 kilometre zone on either side of its centreline, (ii) the City of St. John's , City of Mount Pearl and City of Corner Brook , and (iii) the entire area of a municipality whose boundaries extend within the area in subparagraph (i); (s) [Rep. by 1996 cR-10.1 s50] (t) [Rep. by 1996 cR-10.1 s50] (u) "vehicle" means a vehicle as defined by the Highway Traffic Act ; and (v) "violation ticket" means a document by which a complaint is laid and a summons issued in accordance with section 34. 1990 c46 s2; 1996 cR-10.1 s50 ; 2001 c19 s1 Back to Top Exemption from Act 3. (1) This Act does not apply to (a) a school bus owned or operated by a school board or operated under a contract with a school board or school official, while operated for school related activities; (b) a vehicle being used exclusively to take workers to and from their work over a highway upon which no adequate transportation is provided at convenient times for that purpose by a person holding a certificate; (c) [Rep. by 1996 cR-10.1 s50] (d) [Rep. by 1996 cR-10.1 s50] (e) [Rep. by 1996 cR-10.1 s50] (f) a vehicle, other than an ambulance, while being operated under the management and control of or in accordance with a franchise or licence granted by or on behalf of (i) the City of St. John's, other than a vehicle operating outside the limits of that city under subsection 216(3) of the City of St. John's Act , (ii) the City of Corner Brook , (iii) the City of Mount Pearl , or (iv) a town, community or region established or continued under the Municipalities Act, for the purpose of a municipal undertaking; (g) [Rep. by 1996 cR-10.1 s50] (h) [Rep. by 1996 cR-10.1 s50] (i) a vehicle or class of vehicles exempted by the regulations. (2) This Act does not apply to a leased vehicle (a) while the vehicle is being used exclusively for the transportation of goods and chattels that are genuinely the property of the lessee; (b) where the leased vehicle is placed in the lessee's exclusive possession and control and is operated by an employee of the lessee who is under the exclusive direction, control and responsibility of the lessee; (c) where there is no relationship between the lessor of the vehicle and the driver of the vehicle; and (d) where the lessee is responsible for the safe operation of the vehicle. 1990 c46 s3; 1996 cR-10.1 s50 Back to Top Certificate required 4. (1) A person shall not operate the following vehicles for compensation unless that person holds a certificate authorizing the operation: (a) a vehicle designed or used for the transportation of ill or injured persons on a highway; or (b) a bus that travels on the Trans Canada Highway for all or a part of the time to transport passengers originating and terminating at points within the Trans Canada Highway corridor. (2) Notwithstanding subsection (1), a person may operate the following services without a certificate: (a) a service to passengers who (i) originate in the City of St. John's or the City of Mount Pearl and terminate in the City of St. John's or the City of Mount Pearl, (ii) originate and terminate within the City of Corner Brook , or (iii) originate and terminate within one municipality whose boundaries extend within the area in subparagraph 2(r.2)(i); (b) a service carrying passengers as part of a trip where the passengers originate and terminate in another jurisdiction, except that the service may pick up passengers at a ship or airplane in the province; (c) a service carrying passengers to or from a ship, airplane or helicopter where the one-way distance of the trip is 25 kilometres or less; and (d) a service carrying passengers on a chartered trip where the passengers travel as a group to the same destination and return to their departure point no more than 31 days after their departure. 2001 c19 s2 Back to Top Rep. by 1996 cR-10.1 s50 5. [Rep. by 1996 cR-10.1 s50] 1996 cR-10.1 s50 Back to Top Certificates 6. (1) The board may issue a certificate authorizing the operation of (a) a vehicle designed or used for the transportation of ill or injured persons on a highway; and (b) a bus that travels on the Trans Canada Highway for all or a part of the time to transport passengers originating and terminating at points within the Trans Canada Highway corridor. (2) Where the board issues a certificate under this section, the registrar may issue to the holder of a certificate a plate or sticker of a design approved by the board. (3) A plate or sticker issued under subsection (2) remains the property of the Crown and shall be returned by the holder to the registrar upon the registrar's request. 2001 c19 s3 Back to Top Granting of certificate 7. (1) An application for a certificate shall be made to the board on a form prescribed by the regulations. (2) When considering an application for a certificate or an amendment to a certificate, the board shall consider those conditions for obtaining a certificate that may be set by the regulations and may approve provisionally the application in whole or in part or may deny the application. (3) The board shall within 30 days notify an applicant of a decision under subsection (2) and where the board refuses to grant a certificate the reasons for the refusal. (4) Where the board notifies an applicant that his or her application has been approved provisionally, the applicant shall publish a notice of the application and the board's decision under subsection (2) in an edition of the Gazette and in another manner that the board may direct. 1990 c46 s7 Back to Top Where application is rejected 8. (1) Where the board does not approve an application under section 7, an applicant may within 15 days request a hearing before the board. (2) Where a hearing is requested under subsection (1) the board shall hold one. 1990 c46 s8 Back to Top Hearing before board 9. (1) A person who objects to an application for a certificate shall (a) file with the board a notice of objection to the application together with (i) a written statement setting out in full the reasons why the application should be denied, and (ii) relevant documentary evidence, and (b) serve the applicant with a copy of the notice of objection, the statement of reasons and the relevant documentary evidence filed with the board (i) by personal service, or (ii) by prepaid, registered mail, at the address shown on the application, not later than 20 days after the date of publication of the notice referred to in subsection 7(4). (2) Where the board receives a notice of objection under subsection (1) and determines that the objection does not establish a presumptive case against granting the certificate, the board shall immediately notify in writing the person who filed the objection and the applicant for a certificate of that fact. (3) Where (a) an objection has not been filed with the board and served on the applicant in accordance with subsection (1); (b) the objections under subsection (1) have been rejected by the board under subsection (2); or (c) the objections under subsection (1) have been withdrawn the board shall approve the application and grant a certificate to the applicant. (4) Where the board decides that a notice of objection raises sufficient grounds for holding a hearing with respect to an application for a certificate, the board shall set a time and place for the hearing of the application and notify all parties of the time and place of the hearing. (5) The board shall publish a notice of the hearing in the Gazette . (6) The parties to a hearing are (a) the applicant; (b) a person who has submitted an objection which has been found to establish a presumptive case against the applicant; and (c) those other persons that the board determines have a genuine interest in the application. (7) In conducting a hearing, the board shall give all the parties full opportunity to present evidence and make representations, in person or by counsel or agent. (8) After considering the evidence and submissions made at a hearing, the board shall approve the application and grant a certificate unless it is demonstrated to the board, on the balance of probabilities, that the approving of the application would be contrary to the conditions established by the regulations for the granting of a certificate. (9) The board shall deliver its decision in writing to each of the parties to the hearing within 30 days of the completion of the hearing. 1990 c46 s9 Back to Top Processing of applications 10. The board shall process all applications for certificates in a similar manner irrespective of the size or type of motor carrier operation in relation to which the application is being made. 1990 c46 s10 Back to Top Re-application prohibited 11. Where the board refuses to grant a certificate to an applicant, the board shall not consider a new application for the same or substantially the same certificate from that applicant until 6 months have elapsed from the date of the 1st application. 1990 c46 s11 Back to Top Transfer, etc. prohibited 12. (1) A person shall not capitalize, sell, assign, lease or transfer a certificate. (2) The board may require a corporation that is the holder of a certificate to report to it an issue, a cancellation, conversion, surrender or transfer of its shares or capital stock. (3) Where the board is of the opinion that an issue, a cancellation, conversion, surrender or transfer of shares or capital stock has affected the control of a corporation referred to in subsection (2) and has not received the prior written approval of the board, the issue, cancellation, conversion, surrender or transfer shall be considered to be a transfer contrary to subsection (1) of all certificates held by the corporation and the board may suspend, alter or revoke the certificates. (4) Where a person who is a certificate holder dies, the executor or administrator of the estate of the deceased person may carry on the business of that person in accordance with the certificate for not more than 6 months after the death. 1990 c46 s12 Back to Top Term of certificate 13. (1) A certificate unless cancelled expires on the last day of the month 1 year following the date on which it is expressed to take effect or from which it is renewed unless an earlier date is fixed by the board and stated in the certificate. (2) A certificate may be renewed upon application to the registrar on a form prescribed by the regulations and upon payment of the fees prescribed by the regulations. (3) A person who wishes to have a certificate renewed shall apply for the renewal before the expiry of his or her present certificate. (4) In a case where an application for renewal of a certificate has not been filed on or before the date on which the certificate expires the registrar may refuse to renew the certificate. (5) A certificate shall not be renewed unless the applicant has paid in full an amount due under section 18 or otherwise. 1990 c46 s13 Back to Top Exclusive rights 14. A certificate does not confer a perpetual or exclusive right upon the holder. 1990 c46 s14 Back to Top Information to be provided 15. (1) A person shall, within 30 days or within a longer period that may be approved by the board after being notified that his or her application for a certificate has been approved or that an application for amendment of his or her certificate to provide additional service has been approved, supply all the information required by the regulations. (2) A certificate holder who does not maintain a place of business in the province shall designate and maintain a person resident in the province as an agent of the certificate holder for the purposes of this Act and to accept service for and on behalf of the certificate holder. (3) Where the name or address of a holder of a certificate changes from that set out in the application for the certificate or a previous notice of change, the holder shall file, with the board and with the registrar, a notice of the change within 15 days after the change. 1990 c46 s15 Back to Top Amendment, etc. of certificate 16. (1) The board may, for cause, amend, suspend or cancel a certificate in whole or in part. (2) Where the board intends to amend, suspend or cancel a certificate under subsection (1) the board shall inform the holder of the certificate of that intention and where one is requested by the certificate holder within 15 days of being so notified, the board shall hold a hearing into the matter. (3) Where a hearing is requested before the board under subsection (2), the board shall publish a notice of the hearing in the Gazette . (4) The parties to a hearing are (a) the certificate holder; and (b) those other persons that the board determines have a genuine interest in the matter. (5) In conducting a hearing the board shall give all the parties full opportunity to present evidence and make representations, in person or by counsel or agent. (6) Where a board holds a hearing under subsection (2), the board may make whatever determination it considers appropriate. (7) Where the board amends, suspends or cancels a certificate it shall publish a notice to that effect in the Gazette . 1990 c46 s16 Back to Top Registrar's powers 17. The powers conferred on the registrar by this Act are additional to the powers conferred on the registrar by the Highway Traffic Act and an action taken by the registrar in the exercise the first mentioned powers shall have the same force as if it were taken under the Highway Traffic Act. 1990 c46 s17 Back to Top Costs of hearing 18. (1) All costs of and incidental to a hearing before the board shall be in the discretion of the board and may be fixed at a definite amount or may be taxed in accordance with a scale to be prescribed by the board, and the board may order by whom and to whom the costs are to be taxed and allowed. (2) The board in its discretion may order 1 or more of the parties concerned in a hearing to pay all expenses incurred by the board in connection with that hearing, including the costs of counsel and of employees of the board while they are employed in or about the hearing, or the board may prescribe a fee to be charged instead of those expenses. (3) Where an order for payment of expenses under subsection (2) is made against 2 or more of the parties concerned in a hearing the board may order the manner in which they are to be apportioned. (4) The board may require a person who requests a hearing before the board to deposit with the board the estimated costs, charges and expenses of the board incidental to the hearing and where the amount so deposited exceeds the actual costs, charges and expenses the board shall refund the difference to the person. (5) The costs assessed by the board against the parties to a hearing shall not exceed those necessary to defray the expenses incurred by the board in holding a hearing. 1990 c46 s18 Back to Top Operation of vehicle after cancellation, etc. 19. A person, either as principal or by an agent or employee, shall not operate a public service vehicle after the certificate under which the vehicle is operated has expired, been cancelled or during a period of suspension of the certificate. 1990 c46 s19 Back to Top Display of plate or sticker on vehicle 20. (1) The holder of a certificate to whom a plate or sticker is issued under subsection 6(2) shall, subject to the Highway Traffic Act attach the plate or sticker to the vehicle in respect of which it is issued in such a manner that it is clearly visible at all times from the highway. (2) A person shall not deface or alter a plate or sticker, or operate a vehicle which has affixed to it a plate or sticker issued in respect of another vehicle. (3) A person shall not operate a public service vehicle under the certificate covering the vehicle unless the vehicle has attached to it the plates or stickers issued under section 6 in respect of the vehicle and the other distinctive plate, sticker, marking or sign that may be prescribed by the registrar. 1990 c46 s20; 2001 c19 s4 Back to Top Operation to comply with certificate 21. (1) Except as exempted by this Act, a person shall not operate a public service vehicle unless the operation of the vehicle conforms with the terms and conditions of the certificate covering the vehicle and with this Act and all orders, rules, regulations and schedules made under this Act and with the Highway Traffic Act and the Dangerous Goods Transportation Act and regulations made under either of those Acts. (2) A failure to conform to the requirements referred to in subsection (1) is sufficient cause for the suspension or cancellation by the board of the certificate or part of the certificate. 1990 c46 s21 Back to Top Rates 22. The holder of a certificate to operate a public service vehicle shall not charge in excess of the rates that are approved by the board or that are set by the board. 2001 c19 s5 Back to Top Cessation of service 23. (1) The holder of a certificate to operate a public service vehicle shall not suspend, abandon or discontinue a service provided for in the certificate without first obtaining the approval of the board. (2) Where a certificate holder applies to the board for permission to discontinue a service, the board may conduct whatever investigation it considers necessary and may hold a hearing if in its opinion one is necessary. (3) Where, after an investigation, including the holding of a hearing, if one is considered necessary by the board, the board may approve a suspension, abandonment or discontinuance of service. (4) Where the board receives an objection to a proposal of an operator to suspend, abandon or discontinue a service that in the board's opinion provides sufficient grounds for holding a hearing, the board shall set a time and place for the hearing of the application and notify all parties of the time and place of the hearing. (5) Where the board approves a proposal to suspend, abandon or discontinue a service, either under subsection (3) or after holding a hearing under subsection (4), the board shall publish a notice in the Gazette and in another manner that the board considers appropriate that the proposal to suspend, abandon or discontinue the service has been approved and the notice shall state the date on which the discontinuance becomes effective. (6) Where the holder of a certificate has been authorized by the board to suspend, abandon or discontinue a service or where the holder's certificate has expired, been suspended or cancelled he or she shall remove from the vehicles formerly operated under that certificate the distinctive plates, stickers, markings or signs that were placed on the vehicle in compliance with this Act. 1990 c46 s23; 2001 c19 s6 Back to Top Employees to be notified 24. (1) A motor carrier shall inform his or her officers and employees of all regulations and orders made under this Act that pertain to the motor carrier's operations by delivering to those officers or employees a copy of the regulations or orders or by posting up a copy in a conspicuous place where that officer or employee works. (2) A motor carrier shall do all things necessary to secure observance by his or her officers, agents and employees of this Act and the regulations. 1990 c46 s24 Back to Top Duty to accept passengers 25. (1) A driver or operator of a public service vehicle used for the transportation of passengers and for which a certificate has been issued shall not refuse to carry a person offering himself or herself at a regular stopping place on the route of the vehicle or at a terminus of the route, unless at the time of the offer (a) the seats of the vehicle are fully occupied; or (b) the person is conducting himself or herself in a boisterous, disorderly or objectionable manner or is using profane or obscene language. (2) A driver or operator of a public service vehicle used for the transportation of passengers and for which a certificate has been issued authorizing that vehicle to be used for the irregular transportation of passengers shall not refuse to carry a person who requests the service unless at the time of the request (a) the seats of the vehicle are fully occupied; or (b) the person is conducting himself or herself in a boisterous, disorderly or objectionable manner or is using profane or obscene language. 1990 c46 s25; 1991 c43 s14 Back to Top Routes 26. The board may specify the route over which a public service vehicle may operate and specify the highway within an area or zone upon which the vehicle may operate. 1990 c46 s26; 2001 c19 s7 Back to Top Schedules and services 27. The board may fix schedules and services that shall be observed and provided by the holder of a certificate to operate a public service vehicle. 2001 c19 s8 Back to Top Regulations 28. (1) The Lieutenant-Governor in Council may make regulations (a) regulating and controlling motor carriers; (b) prescribing the form and content, and method of verification and certification of content, of forms for the purposes of this Act; (c) requiring the filing of returns, reports and other information by motor carriers, and the verification and certification of them, and the manner of that verification and certification; (d) prescribing the time for the doing of anything under this Act or the regulations; (e) prescribing, for the purposes of paragraph 3(1)(i), a vehicle or class of vehicles the operation of which does not require a certificate; (f) providing for the issuing and use of vehicle permits and other means of identification and authorization in respect of vehicles covered by certificates; (g) providing for the furnishing of bonds and other security by motor carriers, and prescribing the form, content, amount and conditions of or applicable to those bonds or other security; (h) prescribing fees for the purposes of this Act and the regulations; (i) [Rep. by 1996 cR-10.1 s50] (j) providing for the amendment of certificates; (k) prescribing offences under this Act and prescribing penalties in relation to those offences; (l) prescribing conditions to be contained in and to become part of agreements entered into by motor carriers in respect of their services or in respect of a class of service; (m) for the safety, protection, comfort and convenience of the persons availing themselves of the services of motor carriers; (n) regulating the conduct of drivers of and passengers in public service vehicles; (o) respecting the obligations and liabilities of motor carriers to the public in regard to the acceptance and carriage of passengers; (p) respecting the classification of motor carriers, public service vehicles, certificates, and passengers; (q) respecting the issuing of duplicates of certificates and other documents or things authorized by this Act or the regulations; (r) respecting the financial responsibility of motor carriers; (s) respecting the maximum number of passengers which may be carried by public service vehicles; (t) respecting the time schedules of motor carriers; (u) respecting the routes over which and the area within which the holder of a public service passenger certificate may operate; (v) respecting the rates, fares and charges to be charged by motor carriers and publication of them, and the prohibition of the carrying of passengers on vehicles to which this Act applies without charge; (w) respecting the hours of work of drivers of public service vehicles; (x) [Rep. by 1996 cR-10.1 s50] (y) respecting the methods of accounting and the keeping of records of the operation of motor carriers; (z) providing for the issuing of temporary permits authorizing limited, seasonal, emergency or occasional operation of public service vehicles and the terms and conditions and duration of those temporary permits; (aa) respecting the solicitation of business by or on behalf of motor carriers by advertising or otherwise; (bb) respecting the conduct of the business of transportation agents and transportation brokers in relation to public service vehicles; (cc) respecting the checking of passengers' baggage and limitations on the size, weight and value of that baggage; (dd) for the effective execution of the duties of the board; (ee) providing that a regulation shall apply to a class of motor carriers or public service vehicles and providing different regulations for different classes of motor carriers and public service vehicles; (ff) respecting the inspection of public service vehicles and of their operation; (gg) prescribing for the purposes of paragraph 3(1)(g), commodities the carriage of which by a vehicle exempts that vehicle from the requirement of having a certificate; (hh) respecting the operation of ambulances; (ii) defining words or phrases used in this Act; and (jj) generally, to give effect to the purpose of this Act. (2) Notwithstanding the definition of public service vehicle, the Lieutenant-Governor in Council may make regulations under subsection (1) that apply to motor vehicles designed or used for the transportation of passengers or ill or injured persons, where that transportation is not for compensation. (3) A regulation made under this section may be limited as to time or place or both. 1990 c46 s28 Back to Top Rep. by 1996 cR-10.1 s50 29. [Rep. by 1996 cR-10.1 s50] 1996 cR-10.1 s50 Back to Top Duty of carrier 30. Every motor carrier shall furnish services and facilities which are reasonably safe and adequate. 1991 c43 s14 Back to Top Information required 31. (1) Where required by the board or the regulations a motor carrier shall provide to the registrar or the board all information required by either and shall make specific answers to all questions submitted and a motor carrier who receives from the registrar a form of return with directions to fill it out shall fill out the return so as to answer each question fully and correctly, and shall deliver it to the registrar within the time prescribed. (2) Where required by the board or the regulations, a motor carrier shall deliver to the board all documents, books, accounts, papers and records in his or her possession or control relating to his or her property or service or affecting his or her business or verified copies of them, and shall deliver to the registrar complete inventories of his or her property in a form that the registrar may direct. 1990 c46 s31 Back to Top Exceeding certificate limits; offence 32. A person who operates a vehicle in respect of which a certificate has been issued over a highway in violation of the provisions of the certificate or in excess of the limits set out in the certificate is guilty of an offence. 1990 c46 s32 Back to Top Offence and penalty 33. (1) A person who violates this Act or the regulations or an order of the board or who refuses or neglects to observe or perform a duty or obligation created or imposed by this Act or by a regulation or an order of the board is guilty of an offence, and each day's continuance of the violation, refusal or neglect constitutes a new and distinct offence. (2) Notwithstanding the Provincial Offences Act, unless otherwise provided by this Act or the regulations, a person who has been convicted of an offence under this Act or the regulations is liable to a fine of not more than the maximum and not less than the minimum amount prescribed for the offence in the regulations or where no fine is prescribed, to imprisonment for a term not exceeding the maximum and not less than the minimum period prescribed for that offence in the regulations. (3) A person who has been convicted of an offence under this Act or the regulations for which a penalty has not been specifically provided in this Act or in the regulations is liable (a) in the case of the 1st offence to a fine of not less than $100 nor more than $500 and in default of payment to imprisonment for a term not exceeding 20 days; and (b) in the case of a 2nd or subsequent offence within a period of 1 year after the date of the last previous offence to a fine of not less than $500 nor more than $1,000 and in default of payment to imprisonment for a term not exceeding 120 days. (4) All fines imposed under this Act or the regulations and recovered on summary conviction shall be paid over by the convicting Provincial Court judge to the Consolidated Revenue Fund. (5) For the purposes of subsections (2) and (3) an offence committed more than 1 year after the date of the last previous offence shall be considered to be a 1st offence. (6) A person shall not be guilty of an offence under this Act or the regulations by reason only of operating a public service vehicle for compensation on a highway without a certificate or in contravention of a term, condition or restriction attached to a certificate if the person can satisfy the court that the public service vehicle was used in a circumstance amounting to an emergency. 1990 c46 s33; 1995 cP-31.1 s53 Back to Top Violation ticket 34. (1) A complaint may be made and a summons issued by means of a violation ticket in accordance with this section for a violation of this Act or the regulations. (2) A violation ticket shall contain (a) the complaint; (b) the summons; and (c) those other matters that may be prescribed by the regulations. (3) The use on a violation ticket of a word or expression prescribed by the regulations to designate an offence under this Act shall be sufficient for all purposes to describe the offence designated by that word or expression. (4) An inspector shall indicate the offence charged on the violation ticket by placing a mark in the box to the left of the offence charged or if the offence charged does not appear on the violation ticket the inspector shall write the offence in the space provided on the violation ticket. (5) Upon completing a violation ticket in respect of an offence prescribed by the regulations and signing it, the inspector shall (a) deliver the violation ticket to the person charged with an offence; and (b) if the driver of the motor vehicle is not the person to whom the certificate has been issued forward a copy of the violation ticket to the holder of the certificate by registered mail and delivery of the violation ticket in accordance with this subsection shall be considered to be personal service. (6) Where the offence is not one set out in the regulations, a summons shall be issued in accordance with the Provincial Offences Act. 1990 c46 s34; 1997 c13 s46 Back to Top Powers of board 35. Except where inconsistent with this Act or the regulations the provisions of the Public Utilities Act relating to the constitution, powers, procedures and practices of the board apply to and in respect of the board when acting under this Act. 1990 c46 s35 Back to Top Joint hearing 36. The powers and duties of the board with respect to the holding of a hearing under this Act extend to the holding of a hearing jointly with a body constituted under the laws of a jurisdiction outside the province and having substantially similar powers and duties as the board. 1990 c46 s36 Back to Top Direction to board 37. (1) The Lieutenant-Governor in Council may by order establish policies to be observed by the board in the exercise of the jurisdiction or authority conferred upon the board by this Act. (2) Subsection (1) shall not be construed as conferring authority on the Lieutenant-Governor in Council to make an order directed specifically to an application, matter or decision pending before the board. (3) An order under this section constitutes subordinate legislation for the purposes of the Statutes and Subordinate Legislation Act but, notwithstanding that Act, shall be published in 2 successive editions of the Gazette . (4) Notwithstanding the Statutes and Subordinate Legislation Act , an order under this section shall have effect from the date of its 2nd publication in the Gazette . 1990 c46 s37 Back to Top Inspectors 38. (1) The minister may appoint a person including, with the approval of the Minister of Justice, a member of the Royal Newfoundland Constabulary or the Royal Canadian Mounted Police in the province, to act as an inspector under this Act. (2) An inspector shall enforce this Act and the regulations and shall take all necessary measures to prevent the operation of a motor vehicle contrary to this Act and the regulations. (3) A person who fails or refuses to comply with the direction of an inspector or who resists or wilfully obstructs an inspector in the exercise of his or her duties or powers under this Act or the regulations is guilty of an offence. (4) Where it is reasonably necessary to determine compliance with this Act, an inspector may require the driver of a motor vehicle to stop the vehicle, and may detain, examine and test the vehicle and its contents and equipment. (5) Where an inspector determines that an owner or operator is acting in contravention of this Act a vehicle detained by the inspector shall remain detained until the owner or operator has complied with this Act. (6) Where a vehicle is detained under subsection (5) the driver or operator may appeal to a judge of the Trial Division and the judge may make whatever order he or she considers appropriate in the circumstances. (7) An action or other proceeding does not lie against the board or a member of the board or an officer, agent or employee of the board or an inspector or the registrar or an agent or officer of the registrar for anything done or purporting to be done in good faith under this Act. (8) A member of the board or an officer, agent or employee of the board or an inspector or the registrar or an agent or officer of the registrar is not required to give testimony in a civil suit with regard to information obtained by him or her in the discharge of his or her official duty. 1990 c46 s38 Back to Top Application of Public Utilities Act 39. The provisions of the Public Utilities Act relating to investigations generally, appeals and stated cases shall apply to and in respect of the board, or commissioners of the board, when acting under this Act. 1990 c46 s39 Back to Top Rep. by 1996 cR-10.1 s50 40. [Rep. by 1996 cR-10.1 s50] 1996 cR-10.1 s50 Back to Top Exclusion from Act 41. The Lieutenant-Governor in Council may exclude a road or area in the province in whole or in part from the provisions of this Act. 1990 c46 s41 Back to Top Provisions, etc. additional to other Act 42. The provisions, regulations and orders made by or under this Act shall be in addition to those made by or under the Highway Traffic Act and the Dangerous Goods Transportation Act and nothing in this Act shall be considered to exempt a person or vehicle from the Highway Traffic Act and the Dangerous Goods Transportation Act or the regulations made under either of those Acts. 1990 c46 s42 Back to Top Disposition of fees 43. The fees collected by the registrar under this Act shall be paid into the Consolidated Revenue Fund of the province. 1990 c46 s43 Back to Top Employer liable 44. In construing and enforcing this Act or a regulation, or an order or a direction of the board, the act, omission or failure of an officer, agent or person acting for or employed by a motor carrier shall, if within the scope of his or her employment, be considered to be the act, omission or failure of the motor carrier. 1990 c46 s44 ©Earl G. Tucker, Queen's Printer