CNLR 1000/96 - Bus Regulations under the Highway Traffic Act

CONSOLIDATED NEWFOUNDLAND AND LABRADOR REGULATION 1000/96 Bus Regulations under the Highway Traffic Act (O.C. 96-210) Amended by: 11/00 46/09 51/12 72/14 8/19 2023 c18 s54 87/25 CONSOLIDATED NEWFOUNDLAND AND LABRADOR REGULATION 1000/96 Bus Regulations under the Highway Traffic Act (O.C. 96-210) Under the authority of section 195 of the Highway Traffic Act and the Subordinate Legislation Revision and Consolidation Act , the Lieutenant-Governor in Council makes the following regulations. REGULATIONS Analysis 1. Short title 2. Definitions 3. Application 4. Visual signs required 5. Bus colour 6. Equipment required 7. Maintenance and ventilation 8. Prohibition while bus in motion 9. Articles on bus 10. Standing and seated passengers 11. Seating capacity 12. Clearance 13. Entrance and exit of bus 14. Body of bus 15. Placement of gas tank intake 16. Fuelling of bus 17. Duties and powers 18. Driving manner 19. Disabled passenger vehicles 20. Non-application 21. Repeal Short title 1. These regulations may be cited as the Bus Regulations . 35/87 s1 Back to Top Definitions 2. In these regulations (a) "Act" means the Highway Traffic Act ; (b) "school purpose vehicle" means a vehicle owned or operated or contracted to the Crown or a school board, or an agent of the Crown or a school board, for the occasional transportation of children to and from extra curricular school related activities but does not include a motor vehicle designed to carry less than 7 passengers in addition to the driver; and (c) "school year" for the purpose of these regulations shall mean all that period spanned from September 1 through the last day of June. 161/88 s1; 62/93 s1; 2023 c18 s54 Back to Top Application 3. (1) Sections in these regulations which apply only to school buses shall not apply to a school purpose vehicle. (2) Paragraph 6(1)(b) and subsection 6(2) shall not apply to a school purpose vehicle. 161/88 s2; 223/94 s2 Back to Top Visual signs required 4. (1) Every school bus shall be equipped with the following visual signs: (a) one of the following lamp systems: (i) 2 lamps which shall emit flashes of red light mounted on the front of the bus and 2 lights of the same type mounted on the rear of the bus, (ii) 4 lamps which shall emit flashes of red light mounted on the front of the bus and 4 lamps of the same type mounted on the rear of the bus, or (iii) 2 lamps which shall emit flashes of red and 2 lamps which shall emit flashes of yellow mounted on the front of the bus and 4 lamps of the same type mounted on the rear of the bus; and (b) the words "STOP WHEN RED LIGHTS FLASHING" painted on the rear of the bus in letters not less than 15 centimetres in height or the words "DO NOT PASS WHEN SIGNALS FLASHING" in block letters at least 75 millimetres but not more than 125 millimetres in height and with stroke width at least one-sixth of the height of the letters. (2) The lamps (a) at the front of the bus shall each be mounted at the same height above the windshield on either side of the front of the bus; and (b) at the rear of the bus shall be mounted at the same height on either side of the rear of the bus so that the lower edge of the lens of each lamp is not lower than the top line of the windows in the sides of the bus. (3) The lamps both at the front and at the rear of the bus shall be placed as far apart laterally as is practicable and so that there is a space of at least one metre between the lamp centres. (4) Each lamp shall be mounted so that its axis is as parallel as is practicable to the longitudinal axis of the bus and so that its aiming plane is vertical in relation to that axis of the bus. (5) Where (a) there is a flat vertical portion of the body of the bus immediately surrounding a lamp sufficient to allow a circular band of not less than 7.5 centimetres wide measuring outwards from the periphery of the lens of the lamp or a square which could contain such a circular band to be painted on it, that circular band or that square shall be painted on it completely in black; (b) the flat vertical portion of the body of the bus immediately surrounding a lamp is not sufficient to allow the circular lamp or square referred to in paragraph (a) to be painted on it or where there is no flat vertical portion of the body of the bus immediately surrounding the lamp, an area of the body of the bus above, below and to the side of the lens of the lamp shall be painted completely in black so that the vertical projection of the painted area as viewed from directly in front of the lens of the lamp shall show the circular band or square referred to in paragraph (a). (6) There shall be a visible or audible means of a clear and unmistakable indication to the driver of the bus whenever the lamps are emitting flashes of light. (7) The lamps shall be mounted on the bus so that no part of the bus in front of the lamps mounted at the front of the bus or behind the lamps mounted at the rear of the bus shall obstruct the lamps within an angle of 5° above and 10° below or within an angle of 30° parallel to the longitudinal axis of the bus and the centre of the lamps. (8) In this section "height" in relation to a lamp means the perpendicular distance between the centre of the lamp and the level of the ground upon which the bus to which the lamp is attached is standing when the bus is not loaded. 35/87 s3; 244/90 s1; 72/14 s1 Back to Top Bus colour 5. (1) Every school bus shall be painted chrome yellow or school bus yellow and no bus other than a school bus shall be so painted. (2) Notwithstanding subsection (1), the minister may issue a special permit for the operation of a school bus which is painted chrome yellow or school bus yellow, to transport passengers to and from events, where the minister is satisfied that adequate commercial transportation is not available. (3) A person shall not operate a motor vehicle originally designed as a school bus which is painted chrome yellow or school bus yellow for recreational or commercial purposes until it has been painted a different colour. 35/87 s4; 11/00 s1 ; 8/19 s1 Back to Top Equipment required 6. (1) Subject to these regulations, every bus, school bus and disabled passenger vehicle shall, in addition to other equipment required by or under the Act, be equipped with (a) a fire extinguisher of a design and type approved and labelled by F.M., U.L., or U.L.C. and which shall not be rated less than 2A- 10BC; (b) not less than 2 non-skid type tire chains suitable in size for the tires of the vehicle; (c) a hazard warning kit containing not less than 3 reflective advance warning triangles measuring 430-500 millimetres long on each side and 175 millimetres high and be equipped with stands; (d) subject to paragraph (e), a first aid kit, with printed instructions as to the use of its contents, consisting of either a pillow type case or metal case containing not less than (i) 4 packets containing 4 hand cleansers and 12 gauze cleansing pads, (ii) 150 adhesive dressings 2.5 centimetres by 7.5 centimetres individually wrapped, (iii) 8 compress dressings, 5 centimetres, (iv) 6 compress dressings, 10 centimetres, (v) 2 eye dressing kits (one eye shield and 2 gauze pads), (vi) 3 gauze dressings, 4 ply, minimum 90 centimetres by 90 centimetres, (vii) 2 gauze bandages, 5 centimetres by 5.5 centimetres, (viii) one adhesive tape 2.5 centimetres by 4.5 metres (packets), (ix) 6 triangular bandages, (x) one metal splint, 7 centimetres by 60 centimetres, (xi) one pair scissors, (xii) one pair sliver tweezers, and (xiii) 12 safety pins, 5 centimetres; (e) where a bus is being used exclusively for the transportation of passengers in an urban transit operation a first aid kit containing not less than the following may be substituted for the first aid kit required under paragraph (d): (i) 32 adhesive dressings 2.5 centimetres by 7.5 centimetres individually wrapped, (ii) 10 mertholiate swabs, (iii) 10 am monia inhalators 1/3 cc, (iv) one tourniquet and forceps, (v) one compress bandage, 10 centimetres, (vi) 4 compress bandages, 5 centimetres, (vii) 6 antiseptic ointment tubes, one cc, (viii) one triangular bandage; (f) [Rep. by 46/09 s1] (g) a mirror which shall provide the driver of the vehicle with a view of the passengers in the vehicle; (h) a mirror securely attached to the vehicle and placed in a position so as to afford the driver an unobstructed view of the roadway immediately in front of the vehicle; (i) pushout emergency windows or an escape door which shall be located at the rear or rear left side of the body of the vehicle and shall be equipped with a fastening device which provides for quick release but ensured against accidental opening; (j) bumpers which shall be attached directly to the frame members on the front and rear of the vehicle and which shall be so designed as to prevent children riding on them; (k) one or more lights of sufficient luminous intensity to illuminate the interior of the bus; (l) floor and stepwell covering which is not so cracked, curled, loose or worn as to present a hazard to passengers; (m) working, securely mounted stanchions, grab handles, guard rails and guard panels; and (n) a global positioning system approved by the minister. (1.1) Notwithstanding paragraph (1)(i), a bus, other than a physically disabled passenger vehicle or a bus used for a purpose of transporting prisoners or other persons held in custody, shall have an emergency exit which (a) if a door, shall have a clear passageway and be located at the rear of the vehicle and the release mechanism when actuated shall function from inside the vehicle as well as from outside the vehicle, where fitted with outside release, and the door shall open freely and close securely; (b) if a hinged push-out window, shall be visually inspected to ensure that it should open outward when the release mechanism is actuated and adequate directions for its emergency use shall be displayed on or adjacent to the push-out window; or (c) if a roof hatch, shall open outward when the release mechanism is actuated and a reasonable amount of manual force is applied and adequate directions for the emergency use of the roof hatch shall be displayed on or adjacent to the roof hatch. (1.2) A physically disabled passenger vehicle shall (a) where fitted with an emergency exit door, have no fixed obstructions blocking the passage of persons or, in the case of a vehicle used for the transportation of persons in wheelchairs, blocking the passage of wheelchairs and the door release mechanism shall function from inside and outside the vehicle; (b) where fitted with a ramp or power lift, have the means of attachment of the ramp or power lift to the vehicle secured with no fastening parts missing and when the ramp or power lift is in the stored position, it shall be secured by means other than a support or lug in the door in such a manner as to pose no potential hazard to occupants of the vehicle; and (c) have a plate, cover or energy-absorbing material required to protect persons from sharp edges or corners and which plate, cover or material is not missing, worn or damaged so as to reduce its effectiveness. (1.3) Where a school bus has a non-hinged push-out window as an emergency exit, there shall be adequate directions for its emergency use displayed on or adjacent to the push-out window. (2) Where the vehicle is being used as a school bus, (a) a card approved by the Minister of Education and posted in full view of the passengers which shall bear instructions to school children on conduct to be observed while they are on the bus and while they are entering and leaving the bus; (b) a stop arm having one or more red flashing lights located at or near the top and bottom of the stop arm that, when activated, are visible from the front and rear of the school bus. (3) The stop arm and flashing light referred to in subsection (2) shall be installed so that the arm and the lights will be automatically activated upon activation of the red flashing lamps referred to in section 4 and shall remain activated for so long as these red flashing lamps remain activated. (4) Paragraph (1)(b) does not apply to a bus when it is operating within a radius of 10 kilometres of its principal base of operations. (5) All equipment referred to in subsections (1), (1.1) and (1.2) shall at all times be kept in good operative condition. (5.1) An emergency warning device, a device used to secure passenger access, a wheelchair securement device, an occupant restraint assembly, or a component part of that device or assembly, where fitted on a bus or a physically disabled passenger vehicle, shall (a) be secured; (b) be kept in good operative condition; and (c) with the exception of the emergency warning device, not have damage apparent on visual inspection which would reduce its effectiveness. (5.2) In the case of a bus or a physically disabled passenger vehicle, (a) all interior lamps, including stepwell lamps, shall light when the appropriate switch is in the "on" position; and (b) the lights provided to illuminate the loading equipment and step nosings shall light when the appropriate switch is in the "on" position or when the doors are opened. (6) A person who (a) tampers with, damages, destroys or removes from a bus other than for its proper use the equipment referred to in subsection (1); or (b) other than the owner, his or her agent or employee or an inspector except in an emergency or in carrying out his or her duties opens an escape door is guilty of an offence and liable on summary conviction to a fine of not more than $250 or to imprisonment for a term of not more than one month or to both a fine and imprisonment and in default of payment of that fine to imprisonment for an additional term of not more than one month. 244/90 s3; 223/94 s1; 46/09 s1 ; 51/12 s1 ; 87/25 s1 Back to Top Maintenance and ventilation 7. A bus shall at all times be maintained in a clean and sanitary condition and shall be adequately ventilated. 35/87 s6 Back to Top Prohibition while bus in motion 8. The driver of a bus shall not collect fares, make change or permit passengers to embark or disembark while the bus is in motion. 35/87 s7 Back to Top Articles on bus 9. (1) A person or article shall not be carried in a bus in a position that is likely to obstruct the driver. (2) The interior and exterior of every bus shall be free of all unnecessary projections which are likely to injure passengers. (3) Luggage must be properly secured on all buses, school buses and disabled passenger vehicles in a manner so that it is separated from the passenger compartment or cannot come in contact with passengers in an accident. (4) For the purpose of this section, luggage is defined as the travelling bags and personal belongings of passengers but excludes small hand held baggage that is normally carried by or with the passenger. 35/87 s8; 223/94 s3 Back to Top Standing and seated passengers 10. (1) Every entrance and exit of a bus shall be kept clear of obstruction while passengers are being carried but for the purpose of this section passengers permitted by these regulations to stand shall not be considered to constitute an obstruction. (2) Notwithstanding subsection (1), the driver of a school bus or school purpose vehicle shall not operate the vehicle unless all passengers are properly seated. 35/87 s9; 223/94 s4 Back to Top Seating capacity 11. (1) The seating capacity of every bus shall be determined by the registrar by allowing at least 40 centimetres of seating space for each passenger. (2) Notwithstanding subsection (1), where a bus is being used as a school bus, the seating capacity of that bus shall be determined by the registrar by allowing not less than 33 centimetres of seating space for each seat where the number of seats in each row on both sides of a central aisle of that bus is 3 and 38 centimetres of seating space for each seat where the number of seats in each row on one side of a central aisle of that a bus is less than 3. (3) The operator of a school bus shall not carry a greater number of passengers than the number determined under subsection (2). (4) The operator of a bus other than a school bus may carry additional passengers not in excess of 25% of the seating capacity of the bus if those passengers are carried during the hours of peak traffic or under circumstances that would cause undue hardship to the passengers if they were not carried in the bus. (5) Where additional passengers are carried in accordance with subsection (4), the owner or operator shall provide grab straps or hand holds for the use of those passengers. (6) Passengers other than (a) school teachers; (b) employees or agents of a school board or the Department of Education while acting in the course of their employment; (c) employees or agents of the Department of Transportation and Infrastructure while acting in the course of their employment; or (d) members of a school board while acting in the course of their duties on behalf of the board may not be carried in a school bus while children are being carried in that bus to or from school or school activity. 35/87 s10; 2023 c18 s54 Back to Top Clearance 12. In every bus there shall be at least 30 centimetres of clearance in each passageway. 35/87 s11 Back to Top Entrance and exit of bus 13. (1) The entrance door of every bus shall be located on the right side of the bus as near as possible to the front of the bus and shall be controlled by the driver and so designed as to prevent accidental opening. (2) A bus door, other than an escape door, shall not open on the left side of the bus. (3) Every vehicle commonly known as a "panel delivery" or "van" which is licensed to operate as a bus shall be equipped with steps or other means of ingress and egress adequate to permit passengers to get on and off the vehicle with convenience and in safety. 35/87 s12 Back to Top Body of bus 14. (1) The body of a bus shall be so designed and constructed as to permit adequate and proper ventilation whenever the bus is operating as such but intake ventilators shall not be installed at the front of the bus below the top of the engine hood line. (2) The whole of the exhaust pipe of a bus other than a mini-bus shall be outside the body of the bus and shall extend beyond the rear of the body but not beyond the rear bumper. (3) The floor of every bus and the partition between the engine compartment and the body of the bus shall be so constructed and insulated that exhaust gases may not enter the body of the bus. 35/87 s13 Back to Top Placement of gas tank intake 15. The gas tank intake of every bus other than vehicles commonly known as "station wagons", "panel deliveries", " mini-buses ", "vans" or "snowmobiles" or vehicles with a seating capacity for not more than 7 passengers in addition to the driver shall be on the outside of that bus. 35/87 s16 Back to Top Fuelling of bus 16. A bus shall not be fuelled in a closed building while passengers are aboard. 35/87 s17 Back to Top Duties and powers 17. (1) An inspector may enter upon or inspect a bus to determine whether there is compliance with these or other regulations or statutory provision to which the bus is subject. (2) Where an inspector needs to inspect a bus in order to determine whether the bus is in compliance with these or another regulation or provision of the Act and the bus cannot readily be located or cannot be safely inspected at the bus terminal because of its location, traffic or other conditions, the inspector may by written order direct the owner of the bus to deliver the bus for inspection at a reasonable time and place within 25 kilometres from the bus terminal. (3) Where an owner of a bus fails to deliver or cause to be delivered a bus as required in subsection (2), the registrar may, in addition to or instead of other penalties under the Act, suspend the registration of the bus until the owner complies with the direction. (4) For the purpose of this section, a bus terminal means a place or location at which a bus regularly stops, parks or stands for the purpose of waiting or for the taking on or discharge of passengers. 37/87 s18; 220/91 s1 Back to Top Driving manner 18. (1) The driver of a bus shall, before driving a bus across a railway track, bring the bus to a full stop, open the entrance door of the bus, look for and listen for the sound of an approaching train and when satisfied that no train is approaching, he or she shall close the entrance door and drive the bus in low gear across the track. (2) The driver of a bus shall not, outside a municipality or other settlement, follow within 30 metres of a vehicle. (3) A person shall not sell, offer for sale, have in possession for sale or deliver for sale in the province a new school bus unless it and its equipment and components conform to the requirements of the Canadian Standards Association, Standard D250, School Buses, as amended, and the school bus, equipment and components shall bear the monogram of the Canadian Standards Association Testing Laboratories. (4) A person shall not modify or alter a school bus or replace equipment or components of a school bus in a manner or to an extent that the vehicle no longer conforms with the requirements of the Canadian Standards Association, Standard D250, School Buses, as amended. (5) A person shall not sell, offer for sale, have in his or her possession for sale in the province equipment or components for a school bus which do not conform to the requirements of the Canadian Standards Association, Standard D250, School Buses, as amended. (6) No person shall operate or allow to be operated a school bus which does not conform to the requirements of the Canadian Standards Association, Standard D250, as amended at the date of final assembly of the school bus. 35/87 s19; 244/90 s4 Back to Top Disabled passenger vehicles 19. Where a bus or school bus is by design and construction a disabled passenger vehicle, the minister or his or her delegated representative may, by special permit, vary the provisions of these regulations. 244/90 s4 Back to Top Non-application 20. The following sections shall not be applied to buses owned and operated by St. John's Transportation Commission and the Corner Brook Transportation Commission, namely: (a) section 4; (b) section 5; (c) paragraph 6(1)(b); and (d) subsections 18(3), (4) and (5). 35/87 s20 Back to Top Repeal 21. The Highway Traffic (Bus) Regulations, 1987, Newfoundland Regulation 35/87, are repealed.