Trip Inspection Regulations, H-3.01 Reg 11

1 TRIP INSPECTION H-3.01 REG 11 The Trip Inspection Regulations being Chapter H-3.01 Reg 11 (effective April 25, 2013) as amended by Saskatchewan Regulations 130/2023. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 H-3.01 REG 11 TRIP INSPECTION Table of Contents PART I PART IV Preliminary Matters Inspection Reports 1 Title 11 Inspection reports – general information 2 Interpretation 12 Inspection reports – defects and major defects 2.1 Adoption of standard 13 Duty to report any defects or major defects detected PART II 14 Duty to ensure defects repaired Inspection Schedules 14.1 Duty to monitor for defects and major defects 3 Inspection schedules - general while driving 4 Commercial vehicles and applicable inspection 15 Duty not to operate commercial vehicles schedules with major defects 5 Duty to provide inspection schedules 16 Duty to require inspection reports be carried 6 Duty to carry and produce inspection schedules 17 Duty to carry and produce inspection reports 18 Duty to forward inspection reports and PART III certification of repairs Inspections 7 Inspections – daily PART V Repeal and Coming into Force 8 Inspections – motor coaches 19 R.R.S. c.H-3.01 Reg 4 repealed 9 Duty to inspect commercial vehicles 20 Coming into force 10 Schedule 4 inspections Appendix Repealed 3 TRIP INSPECTION H-3.01 REG 11 CHAPTER H-3.01 REG 11 The Highways and Transportation Act, 1997 PART I Preliminary Matters Title 1 These regulations may be cited as The Trip Inspection Regulations. Interpretation 2(1) In these regulations: (a) “bus” means a vehicle that is designed and intended to have a seating capacity of more than 10, including the driver and includes a motor coach; (b) “carrier” means the holder of a certificate of registration or registration permit issued pursuant to The Traffic Safety Act for a commercial vehicle; (c) “commercial vehicle” means, subject to subsection (2), a vehicle that: (i) is used to transport goods or passengers, or to provide services; and (ii) is: (A) a truck, a truck tractor or a trailer or a combination of them, that has a gross vehicle weight or registered gross vehicle weight of more than 11 794 kilograms; or (B) a bus; (d) “defect” means a defect that is listed in Schedule 1, 2 or 3 of NSC Standard 13, Part 2; (e) “emergency vehicle” means a vehicle that: (i) is used for the transportation of a peace officer in the performance of his or her duties; (ii) is used for the transportation of a member of a fire department in response to an emergency; or (iii) is an ambulance while being used in response to an emergency; (f) “gross vehicle weight” means: (i) the combined weight of a vehicle and the load carried on that vehicle; or (ii) the combined weight of two or more vehicles coupled or joined together and the combined weight of the loads carried on each of those vehicles; (g) “inspection item” includes equipment, a system or a part of a commercial vehicle or load that is listed in an inspection schedule; 4 H-3.01 REG 11 TRIP INSPECTION (h) “inspection report” means a report that: (i) contains the information required to be recorded pursuant section 12 and subsections 13(1) and (2); and (ii) applies to the type of commercial vehicle being operated or to any trailer that is being towed by the commercial vehicle; (i) “inspection schedule” means a schedule that applies pursuant to section 4 to the type of commercial vehicle that is being operated or to any trailer that is being towed by the commercial vehicle; (j) “major defect” means a defect that is listed in Schedule 1, 2, 3 or 4 of NSC Standard 13, Part 2; (k) “motor coach” means a bus of “monocoque” or unibody design if: (i) the body of the bus is an integral part of the chassis; (ii) the bus is manufactured to provide intercity, suburban, commuter or charter service; (iii) the bus is equipped with under-foot baggage storage; and (iv) the bus is equipped with air brakes, air ride suspension and automatic brake adjusters; (k.1) “NSC Standard 13, Part 2” means the National Safety Code for Motor Carriers Standard 13 – Trip Inspection, Part 2, published by the Canadian Council of Motor Transport Administrators, as adopted pursuant to section 2.1; (l) “registered gross vehicle weight” means the gross vehicle weight for a vehicle as stated on the certificate of registration or registration permit for the vehicle issued pursuant to The Traffic Safety Act or recognized pursuant to that Act; (m) “Schedule” means a Schedule as set out in NSC Standard 13, Part 2; (m.1) “Schedule 1” means Schedule 1 of NSC Standard 13, Part 2; (m.2) “Schedule 2” means Schedule 2 of NSC Standard 13, Part 2; (m.3) “Schedule 3” means Schedule 3 of NSC Standard 13, Part 2; (m.4) “Schedule 4” means Schedule 4 of NSC Standard 13, Part 2; (n) “trailer” means a vehicle without motive power that is designed to be towed by another vehicle; (o) “truck” means a vehicle: (i) that is designed for the conveyance of goods; (ii) that is equipped with a lifting device; or (iii) on which any machinery is permanently mounted; (p) “truck tractor” means a vehicle that is equipped with a fifth wheel plate assembly and that is designed to and is primarily used to pull a semi-trailer. (2) For the purposes of these regulations, “commercial vehicle” does not include the following: (a) a two-axle or three-axle farm truck that is not towing a trailer; 5 TRIP INSPECTION H-3.01 REG 11 (b) an emergency vehicle; (c) road construction and maintenance equipment as defined in The Vehicle Weight and Dimension Regulations, 2010; (d) farm equipment as defined in The Vehicle Weight and Dimension Regulations, 2010; (e) subject to subsection (3), a vehicle transporting goods or passengers, or providing services, to provide relief in the case of an earthquake, flood, fire, famine, drought, epidemic, pestilence or other disaster; (f) a recreational vehicle; (g) a vehicle registered in class PC pursuant to The Vehicle Classification and Registration Regulations. (3) The minister may, by order, exempt from the application of any provision of these regulations, either generally or for a limited period or with respect to a limited area, any person or the whole or any part of any carrier if, in the opinion of the minister, the exemption is in the public interest and is not likely to affect carrier or public safety. 3 May 2013 cH-3.01 Reg 11 s2; 22 Dec 2023 SR 130/2023 s3. Adoption of standard 2.1 The National Safety Code for Motor Carriers Standard 13 - Trip Inspection, Part 2, published by the Canadian Council of Motor Transport Administrators, as amended from time to time, is adopted. 22 Dec 2023 SR 130/2023 s4. PART II Inspection Schedules Inspection schedules - general 3(1) An inspection schedule must set out all of the inspection items that: (a) are present on the commercial vehicle that is being operated and to any trailer that is being towed by the commercial vehicle; and (b) are contained in Schedule 1, 2, 3 or 4. (2) An inspection schedule may vary in format from the format of an inspection schedule set out in the Appendix. (3) An inspection schedule must be: (a) a written document; or (b) an electronic document that is equivalent to a written document. 3 May 2013 cH-3.01 Reg 11 s3. 6 H-3.01 REG 11 TRIP INSPECTION Commercial vehicles and applicable inspection schedules 4(1) Schedule 1 applies to the following commercial vehicles: (a) a truck; (b) a truck tractor; (c) a trailer that is towed by a truck or truck tractor. (2) Schedule 2 applies to the following commercial vehicles: (a) subject to subsection (3), a bus; (b) a trailer that is towed by a bus. (3) As an alternative to Schedule 2, Schedules 3 and 4 apply to a bus that is a motor coach. 3 May 2013 cH-3.01 Reg 11 s4. Duty to provide inspection schedules 5(1) A carrier shall provide a person who operates one of its commercial vehicles on or over a public highway with a copy of any applicable inspection schedule, with the exception of Schedule 4. (2) If a copy of an inspection schedule mentioned in subsection (1) is an electronic document, the carrier shall ensure that the person who operates one of its commercial vehicles on or over a public highway has the ability to produce to the peace officer: (a) a written copy of the inspection schedule; or (b) an electronic copy of the inspection schedule that is displayed on a digital display screen of an electronic device. (2.1) If requested to do so by a peace officer, the person who has the ability to produce an electronic copy of an inspection schedule described in clause (2)(b) shall transmit that copy to the peace officer by the transfer method identified by that peace officer. (3) An electronic device mentioned in clause (2)(b) must be capable of being in the possession of the peace officer outside the commercial vehicle while standing on the roadway for the purposes of reading the copy of the inspection schedule described in that clause. (4) No carrier shall permit a person to operate one of its commercial vehicles on or over a public highway unless that person is in possession of any applicable inspection schedule required by subsection (1). 3 May 2013 cH-3.01 Reg 11 s5; 22 Dec 2023 SR 130/2023 s5. Duty to carry and produce inspection schedules 6(1) No person shall operate a commercial vehicle on or over a public highway unless that person has in his or her possession copies of the applicable Schedule mentioned in sections 3 and 4. 7 TRIP INSPECTION H-3.01 REG 11 (2) On the request of a peace officer, a person who operates a commercial vehicle on or over a public highway shall produce any applicable inspection schedule required by subsection (1) to the peace officer by doing any of the following: (a) producing the inspection schedule in a written document; (b) producing the inspection schedule on a digital display screen of an electronic device. (3) If requested to do so by a peace officer, the person mentioned in subsection (2) shall transmit a copy of the inspection schedule described in clause (2)(b) to the peace officer by the transfer method identified by that peace officer. 3 May 2013 cH-3.01 Reg 11 s6; 22 Dec 2023 SR 130/2023 s6. PART III Inspections Inspections - daily 7(1) A truck or truck tractor must be inspected in accordance with Schedule 1 every 24 hours when the truck or truck tractor is operated. (2) A trailer that is being towed by a truck or truck tractor must be inspected in accordance with Schedule 1 every 24 hours when the trailer that is being towed by the truck or truck tractor is operated. (3) Subject to section 8, a bus must be inspected in accordance with Schedule 2 every 24 hours when the bus is operated. (4) A trailer that is being towed by a bus must be inspected in accordance with Schedule 2 every 24 hours when the trailer that is being towed by the bus is operated. 3 May 2013 cH-3.01 Reg 11 s7. Inspections - motor coaches 8(1) Notwithstanding subsection 7(3), a motor coach may be inspected in accordance with Schedules 3 and 4. (2) If a motor coach is inspected in accordance with subsection (1), the motor coach must: (a) be inspected in accordance with Schedule 3 every 24 hours when the motor coach is operated; and (b) be inspected every 30 days or 12 000 km, whichever comes first, in accordance with: (i) Schedule 4; or (ii) if the motor coach has been issued a licence plate by a jurisdiction other than Saskatchewan, a maintenance program equivalent to that mentioned in subclause (i) that is approved by that jurisdiction. 3 May 2013 cH-3.01 Reg 11 s8. 8 H-3.01 REG 11 TRIP INSPECTION Duty to inspect commercial vehicles 9(1) No carrier shall permit a person to operate one of its commercial vehicles on or over a public highway unless that commercial vehicle is inspected as required by sections 7 and 8. (2) No person shall operate a commercial vehicle on or over a public highway unless that commercial vehicle is inspected as required by sections 7 and 8. 3 May 2013 cH-3.01 Reg 11 s9. Schedule 4 inspections 10(1) A Schedule 4 inspection must be conducted by a person who: (a) is a journeyperson as defined in The Apprenticeship and Trade Certification Act, 2019; (b) is under the supervision of a person who is a journeyperson as defined in The Apprenticeship and Trade Certification Act, 2019 and is capable of demonstrating through knowledge, training and experience the ability to conduct an inspection pursuant to these regulations; or (c) is capable of demonstrating through knowledge, training and experience the ability to conduct an inspection pursuant to these regulations and has been working on the types or classes of vehicle being inspected for at least three consecutive years. (2) A Schedule 4 inspection must be conducted while a commercial vehicle is: (a) positioned over a pit; or (b) raised in a manner that provides a person mentioned in subsection (1) with adequate access to all features of the commercial vehicle. 3 May 2013 cH-3.01 Reg 11 s10; 22 Dec 2023 SR 130/2023 s7. PART IV Inspection Reports Inspection reports - general information 11(1) A person conducting an inspection in accordance with Schedule 1, 2 or 3 shall prepare an inspection report that sets out the following information: (a) with respect to the commercial vehicle: (i) the licence plate or the unit number; and (ii) if the commercial vehicle is equipped with an odometer, the odometer reading; (b) with respect to the inspection: (i) the date; (ii) the time; and (iii) the location; 9 TRIP INSPECTION H-3.01 REG 11 (c) the carrier’s name; (d) if the person who conducts the inspection is the person who operates the commercial vehicle: (i) the name of that person and, if the inspection report is a written document, the name must be printed in a legible manner; (ii) if the inspection report is a written document, a signed statement by that person that the commercial vehicle identified on the inspection report has been inspected in accordance with Schedule 1, 2 or 3; and (iii) if the inspection report is an electronic document, a declaration box marked by that person that the commercial vehicle identified on the inspection report has been inspected in accordance with Schedule 1, 2 or 3; (e) if the person who conducts the inspection is not the person who drives the commercial vehicle: (i) with respect to the person who conducted the inspection: (A) the name of that person and, if the inspection report is a written document, the name must be printed in a legible manner; (B) if the inspection report is a written document, a signed statement by that person that the commercial vehicle identified on the inspection report has been inspected in accordance with Schedule 1, 2 or 3; (C) if the inspection report is an electronic document, a declaration box marked by that person that the commercial vehicle identified on the inspection report has been inspected in accordance with Schedule 1, 2 or 3; (ii) with respect to the person who operates the commercial vehicle: (A) if the inspection report is a written document, a signed statement by the person who operates that the commercial vehicle identified on the inspection report has been inspected in accordance with Schedule 1, 2 or 3; (B) if the inspection report is an electronic document, a declaration box marked by the person who operates the commercial vehicle that the commercial vehicle identified on the inspection report has been inspected in accordance with Schedule 1, 2 or 3. (2) If a person conducts an inspection in accordance with Schedule 4 or an equivalent maintenance program described in subclause 8(2)(b)(ii), that person shall prepare an inspection report that sets out the following information: (a) with respect to the commercial vehicle: (i) the licence plate, vehicle identification number or the unit number; and (ii) if the commercial vehicle is equipped with an odometer, the odometer reading; 10 H-3.01 REG 11 TRIP INSPECTION (b) the brake adjustment measurement; (c) with respect to the inspection: (i) the date; (ii) the time; and (iii) the location; (d) the carrier’s name; (e) with respect to the person conducting the inspection: (i) the name of that person and, if the inspection report is a written document, the name must be printed in a legible manner; (ii) if the inspection report is a written document, a signed statement by that person that the commercial vehicle identified on the inspection report has been inspected in accordance with Schedule 4 or an equivalent maintenance program described in subclause 8(2)(b)(ii); (iii) if the inspection report is an electronic document, a declaration box marked by that person that the commercial vehicle identified on the inspection report has been inspected in accordance with Schedule 4 or an equivalent maintenance program described in subclause 8(2)(b)(ii); (f) with respect to the person who operates the commercial vehicle: (i) if the inspection report is a written document, a signed statement by that person that the commercial vehicle identified on the inspection report has been inspected in accordance with Schedule 4 or an equivalent maintenance program described in subclause 8(2)(b)(ii); (ii) if the inspection report is an electronic document, a declaration box marked by that person that the commercial vehicle identified on the inspection report has been inspected in accordance with Schedule 4 or an equivalent maintenance program described in subclause 8(2)(b)(ii). 3 May 2013 cH-3.01 Reg 11 s11. Inspection reports - defects and major defects 12(1) If no defects are detected during an inspection, the person conducting the inspection shall record that fact on the inspection report. (2) If during an inspection in accordance with Schedule 1, 2, 3 or 4 or an equivalent maintenance program described in subclause 8(2)(b)(ii): (a) a defect is detected, the person conducting the inspection shall: (i) record on the inspection report: (A) any defect that is detected; (B) if the defect was repaired; and (ii) report the defect to the carrier before the next required inspection; or 11 TRIP INSPECTION H-3.01 REG 11 (b) a major defect is detected, the person conducting the inspection shall: (i) record on the inspection report: (A) the major defect; (B) if the major defect was repaired; and (ii) retain a certification of repairs for any repairs carried out. 3 May 2013 cH-3.01 Reg 11 s12. Duty to report any defects or major defects detected 13(1) If a defect is detected during an inspection pursuant to subsection 12(2), the person who operates the commercial vehicle shall, before the next required inspection, report to the carrier any defect that is detected. (2) If a major defect is detected during an inspection pursuant to subsection 12(2), the person who operates the commercial vehicle shall immediately report to the carrier any major defect that is detected. 3 May 2013 cH-3.01 Reg 11 s13. Duty to ensure defects repaired 14 A carrier shall ensure that any defect that has been reported to the carrier pursuant to subsection 13(1) is repaired before the commercial vehicle’s next required inspection. 3 May 2013 cH-3.01 Reg 11 s14. Duty to monitor for defects and major defects while driving 14.1 The driver of a commercial vehicle, while driving or otherwise being in charge of that commercial vehicle, shall monitor its condition in accordance with the inspection schedule and, if defects are detected, the driver shall record the defects on the inspection report and report the defects to the carrier: (a) if the defect is a major defect, without delay; or (b) in all other cases, in a timely manner, but not later than before the next required inspection in accordance with subsection 13(1). 22 Dec 2023 SR 130/2023 s8. Duty not to operate commercial vehicles with major defects 15(1) No carrier shall permit a person to operate one of its commercial vehicles on or over a public highway if the commercial vehicle has a major defect. (2) No person shall operate a commercial vehicle on or over a public highway if the commercial vehicle has a major defect. 22 Dec 2023 SR 130/2023 s9. Duty to require inspection reports be carried 16(1) A carrier shall require a person who operates one of its commercial vehicles on or over a public highway to be in possession of any inspection report that: (a) has been prepared for the current day and the previous day; and (b) applies to the commercial vehicle that is currently being operated. 12 H-3.01 REG 11 TRIP INSPECTION (1.1) If the inspection report mentioned in subsection (1) was prepared in accordance with Schedule 3, the carrier shall also require a person who operates one of its commercial vehicles to be in possession of the current inspection report as required by clause 8(2)(b). (2) If an inspection report mentioned in subsection (1) is an electronic document, the carrier shall ensure that the person who operates one of its commercial vehicles has the ability to produce to a peace officer: (a) a written copy of the inspection report; or (b) an electronic copy of the inspection report that is displayed on a digital display screen of an electronic device. (2.1) If requested to do so by a peace officer, the person mentioned in subsection (2) shall transmit a copy of the inspection report described in clause (2)(b) to the peace officer by the transfer method identified by that peace officer. (3) An electronic device mentioned in clause (2)(b) must be capable of being in the possession of the peace officer outside the commercial vehicle while standing on the roadway for the purposes of reading the copy of the inspection schedule described in that clause. (4) No carrier shall permit a person to operate one of its commercial vehicles on a public highway unless that person has in his or her possession copies of any applicable inspection report required by subsection (1). 3 May 2013 cH-3.01 Reg 11 s16; 22 Dec 2023 SR 130/2023 s10. Duty to carry and produce inspection reports 17(1) A person operating a commercial vehicle on or over a public highway shall have in his or her possession any inspection report that: (a) has been prepared for the current day and, if applicable, the previous day; and (b) applies to the commercial vehicle that is currently being operated. (1.1) If the inspection report mentioned in subsection (1) was prepared in accordance with Schedule 3, the person operating the commercial vehicle shall also be in possession of the current inspection report as required by clause 8(2)(b). (2) On the request of a peace officer, a person who operates a commercial vehicle on a public highway shall produce any applicable inspection report required by subsection (1) to the peace officer by doing any of the following: (a) producing the inspection report in a written document; (b) producing the inspection report on a digital display screen of an electronic device. (3) If requested to do so by a peace officer, the person mentioned in subsection (2) shall transmit a copy of the inspection report described in clause (2)(b) to the peace officer by the transfer method identified by that peace officer. 3 May 2013 cH-3.01 Reg 11 s17; 22 Dec 2023 SR 130/2023 s11. 13 TRIP INSPECTION H-3.01 REG 11 Duty to forward inspection reports and certification of repairs 18(1) Within 20 days after the completion of an inspection report, a person who operates a commercial vehicle shall forward the original of the inspection report and any certification of repairs retained pursuant to section 12 to the carrier who is responsible for the commercial vehicle. (2) A carrier shall retain the original copy, in a written or electronic document, of: (a) every inspection report forwarded to the carrier pursuant to subsection (1) for at least six months from the date of the inspection report; and (b) any certification of repairs forwarded to the carrier pursuant to subsection (1) for at least six months from the date of the certification of repairs. 3 May 2013 cH-3.01 Reg 11 s18. PART V Repeal and Coming into Force R.R.S. c.H-3.01 Reg 4 repealed 19 The Security of Loads and Trip Inspection Regulations are repealed. 3 May 2013 cH-3.01 Reg 11 s19. Coming into force 20(1) Subject to subsection (2), these regulations come into force on April 1, 2013. (2) If these regulations are filed with the Registrar of Regulations after April 1, 2013, these regulations come into force on the day on which they are filed with the Registrar of Regulations. 3 May 2013 cH-3.01 Reg 11 s20. Appendix Schedule 1 – Truck, Tractor and Trailer Repealed. 22 Dec 2023 SR 130/2023 s12. 14 H-3.01 REG 11 TRIP INSPECTION REGINA, SASKATCHEWAN Printed by the authority of THE KING’S PRINTER Copyright©2023