ROLL-OVER PROTECTIVE STRUCTURES

1. In this Regulation, “machine” means a self-propelled vehicle, operated by one or more persons who ride on or in it, that is a tractor, bulldozer, scraper, front-end loader, skidder, dumper, grader or compactor other than an asphalt compactor; (“engin”) “restraining device” means a seat belt with or without an over-the-shoulder strap; (“dispositif de retenue”) “roll-over protective structure”, in relation to a machine, means a structure that protects every operator of the machine who is wearing a restraining device from being crushed if the machine rolls over. (“structure de protection contre le capotage”) R.R.O. 1990, Reg. 856, s. 1; O. Reg. 371/22, s. 1. 2. This Regulation does not apply in respect of a machine, (a) that is rated by its manufacturer at fifteen kilowatts or less and has a tare mass of 700 kilograms or less; (b) that was manufactured before 1980 and is not factory-equipped with adaptors to accept a roll-over protective structure; or (c) that is used primarily underground in a mine. R.R.O. 1990, Reg. 856, s. 2. 3. (1) No person shall use or operate a machine unless it is equipped with a roll-over protective structure that meets the requirements of subsection 5 (1) and a restraining device that meets the requirements of section 6 for every operator of the machine. R.R.O. 1990, Reg. 856, s. 3 (1). (2) No person shall use or operate a machine that is equipped with a restraining device unless the person is wearing the restraining device. R.R.O. 1990, Reg. 856, s. 3 (2). 4. Despite subsection 3 (1), a restraining device is not required on a skidder that is used in logging. R.R.O. 1990, Reg. 856, s. 4. 5. (1) Every roll-over protective structure, (a) shall be designed, constructed and maintained so that, when the machine to which it is fastened is travelling at a forward speed of 16 kilometres per hour, engages a thirty degree slope and rolls 360 degrees about its longitudinal axis on a hard clay surface, (i) the roll-over protective structure will withstand the impact forces, (ii) upon impact, no part of the roll-over protective structure will enter the space of the machine that is normally occupied by its operator, and (iii) the roll-over protective structure will support the machine in an upside-down attitude without any part of the roll-over protective structure entering the space of the machine that is normally occupied by its operator; (b) shall bear a legible label indicating, (i) the name and address of the manufacturer of the roll-over protective structure or, if it is custom built, the name and address of the engineer referred to in subsection (2), and (ii) the make, model and maximum mass of the machine that the roll-over protective structure is designed to fit; (c) shall be securely fastened to the frame of the machine; and (d) shall be capable of withstanding all forces to which it is likely to be subjected. R.R.O. 1990, Reg. 856, s. 5 (1); O. Reg. 371/22, s. 2 (1). (2) Every custom built roll-over protective structure, every repair to such a structure and every custom built modification to a roll-over protective structure shall be certified as meeting the requirements of clause (1) (a) by an engineer. R.R.O. 1990, Reg. 856, s. 5 (2); O. Reg. 371/22, s. 2 (2). (3) Every repair to a roll-over protective structure other than a custom built structure shall be approved by the manufacturer of the structure as meeting the requirements of clause (1) (a). R.R.O. 1990, Reg. 856, s. 5 (3). 6. Every restraining device shall be designed, constructed, installed and maintained, (a) so that the person using the device is secured in position and within the space protected by the roll-over protective structure if the machine to which it is fastened is travelling at a forward speed of 16 kilometres per hour, engages a thirty degree slope and rolls 360 degrees about its longitudinal axis on a hard clay surface; and (b) so as to minimize injury to the person using the device, in case of an accident. R.R.O. 1990, Reg. 856, s. 6.