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Board Public Passenger Motor Carrier Act Regulations

made under subsection 27(1) of the

Motor Carrier Act

R.S.N.S. 1989, c. 292

O.I.C. 92-1257 (December 22, 1992), N.S. Reg. 283/92

as amended up to O.I.C. 2007-568 (October 30, 2007), N.S. Reg. 413/2007


Citation and application

1       (1)    These regulations may be cited as the “Board Public Passenger Motor Carrier Act Regulations”.

 

         (2)    These regulations apply

 

                  (a)    to public passenger vehicles; and

 

                  (b)    in respect of public passenger vehicles to

 

                           (i)     motor carriers, and

 

                           (ii)    drivers.

 

         (3)    These regulations are in addition to the Governor in Council Public Passenger Motor Carrier Act Regulations.


Interpretation

2       In these regulations,

 

(a)“Act” means the Motor Carrier Act;

 

                  (b)    “applicant” means any person presenting to or filing an application with the Board or causing an application to be so presented or filed on the person's behalf and includes a petitioner or complainant;

 

                  (c)    “application” includes a petition or complaint originating any proceeding, matter or thing before the Board;

 

                  (d)    “AS” means American Standard;

 

                  (e)    “Board” means the Board as defined in the Act;

 

                  (f)     “C.C.M.T.A” means the Canadian Council of Motor Transport Administrators;

 

                  (g)    “CGA” means the Compressed Gas Association;

 

                  (h)    “Clerk” means the Clerk of the Board;

 

                  (i)     “CMVSS” means a Canada Motor Vehicle Safety Standard prescribed by the MVSR;

 

                  (j)     “commercial vehicle” means a public passenger vehicle that has a seating capacity of 8 passengers or less excluding the driver, and that provides a

 

                           (i)     daily, weekly, or other regular service, or

 

                           (ii)    charter or tour service

 

that enters or departs any municipality, but, for greater certainty, does not include a commuter vehicle, courtesy vehicle or taxicab;

 

                  (k)    “commercial vehicle license” means a license issued by the Board pursuant to subsection 42B(2) to the owner or operator of a commercial vehicle, allowing the holder to operate the commercial vehicle;

 

(l)“commuter vehicle” means a motor vehicle that

 

                           (i)     has a seating capacity of 8 passengers or less excluding the driver,

 

                           (ii)    is not operated for gain, and

 

                           (iii)   is used for the transportation of passengers from their residences to their places of work or study and return,

 

and, for greater certainty, includes a motor vehicle whose passengers may contribute to the payment of out-of-pocket expenses incurred in its operation;

 

                  (m)   “convertible vehicle” means a motor vehicle designed or constructed with a roof that is completely or partially retractable or removable, and does not conform to MVSR roof intrusion protection provisions applicable to vehicles subject to the provisions;

 

                  (n)    “courtesy vehicle” means a motor vehicle that has a seating capacity of 8 passengers or less excluding the driver, and that is operated to provide a service for which a passenger is not charged any service charge, directly or indirectly;

 

                  (o)    “CSA” means the Canadian Standards Association;

 

                  (p)    “driver” means the person driving or in charge of a vehicle, and for the purpose of Sections 42B to 42G, means the driver of a commercial vehicle;

 

                  (q)    “GVWR” means the manufacturer’s gross weight rating for a vehicle;

 

                  (r)     “motor vehicle” means a motor vehicle as defined in the Act;

 

                  (s)    “multipurpose passenger vehicle” means a vehicle

 

                           (i)     having a designated seating capacity of 10 or less, that is constructed either on a truck-chassis or with special features for occasional off-road operation, but does not include an air cushion vehicle, all-terrain vehicle, golf-cart, passenger car or truck, and

 

                           (ii)    that is designated as a multipurpose passenger vehicle under CMVSS;

 

                  (t)     “municipality” means a regional municipality, town, or county or district municipality;

 

                  (u)    “MVSR” means the Motor Vehicle Safety Regulations made pursuant to the Motor Vehicle Safety Act (Canada);

 

                  (v)    “owner or operator”, for the purpose of Sections 42B to 42H, means a person who owns, leases or is responsible for the operation of a commercial vehicle;

 

                  (w)   “parcel express” means any freight accepted for shipment and transported by public passenger vehicle between points on designated routes;

 

                  (x)    “parent” for the purposes of clause 42A(2)(a) and clause 51A(d), means the

 

                           (i)     parent,

 

                           (ii)    guardian, or

 

                           (iii)   custodian, by written agreement or court order,

 

of a school pupil;

 

(y)“passenger car” means a vehicle

 

                           (i)     having a designated seating capacity of 10 or less, but does not include an all-terrain vehicle, competition car, multipurpose passenger vehicle, antique reproduction vehicle, motor cycle, truck or trailer, and

 

                           (ii)    that is designated as a passenger car under CMVSS;

 

                  (z)    “person with a physical disability” means a person who, because of a mobility impairment, requires the use of a special transit facility;

 

                  (aa)  “physically disabled school pupil” means a school pupil who is a person with a physical disability;

 

                  (ab)  “rental vehicle” means a commercial vehicle that

 

                           (i)     has travelled less than 50 000 km,

 

                           (ii)    is less than 1 year old from the date of purchase from the manufacturer, and

 

                           (iii)   is leased from a recognized leasing company for a term

 

(A)of no more than 30 days, and

 

                                    (B)   commencing at least 7 days from the expiration date of any previous term of lease of the commercial vehicle;

 

                  (ac)  “special transit facility” means a public passenger vehicle designed and manufactured or converted for the purpose of transporting persons with physical disabilities;

 

                  (ad)  “taxicab” means a public passenger vehicle that has a seating capacity of 8 passengers or less excluding the driver, and that is operated

 

                           (i)     within a municipality; or

 

                           (ii)    under hire on single contracts for the conveyance of passengers with or without baggage for one trip or one trip and return, from any point within the Province to a destination also within the Province,

 

and that is not operated to provide a regular service; and

 

                  (ae)  “truck” means a motor vehicle

 

                           (i)     having a designated seating capacity of 10 passengers or less, that is designed primarily for the transportation of property or equipment, but does not include a chassis cab, crawler-mounted vehicle, trailer, work vehicle or a vehicle designed for operation exclusively off the public highway, and

 

                           (ii)    that is designated as a truck under CMVSS.

Section 2 replaced: O.I.C. 2002-571, N.S. Reg. 153/2002.


Application for license

3       (1)    Except as provided in subsection (2), an application for a public passenger license shall contain

 

                  (a)    the full name and description of the applicant and

 

                           (i)     if the applicant is a firm or co-partnership, a copy of the declaration of partnership filed in the office of the Registrar of Joint Stock Companies shall be attached to the application,

 

                           (ii)    if the applicant is a corporation other than a Municipality or a School Board, a copy of the certificate of incorporation issued to the corporation or if incorporated by special act a statement containing a reference to such special act and to any amendments thereto shall be attached to the application;

 

                  (b)    the financial condition of the applicant and if the applicant is an incorporated company, the amount and classes of stock authorized and of stock issued and outstanding and the amount of any issue of bonds and the rate of interest payable thereon, the amount of bonds outstanding and a copy of the applicant's last audited annual statement shall be attached to the application;

 

                  (c)    a description of the business proposed to be operated;

 

                  (d)    particulars of any specialty services applied for;

 

                  (e)    a description of the routes over which or the areas within which the applicant proposes to operate and the type and frequency of service which the applicant proposes to furnish over each route in each area;

 

                  (f)     the length of each route in kilometres together with a plan of same and if a route passes through or into more than one city, town, or municipality, the kilometrage of the route in each city, town, or municipality;

 

                  (g)    a schedule showing proposed times of arrival and departure;

 

                  (h)    a schedule showing proposed rates, tolls, fares and charges;

 

                  (i)     the kind, year of manufacture, maker's name and serial number of each public passenger vehicle, proposed to be operated and a statement identifying each vehicle with the proposed routes and areas of its operation;

 

                  (j)     the maximum seating capacity, excluding the driver's seat, of each public passenger vehicle;

 

                  (k)    if the application is for a license authorizing the furnishing of school bus service a statement that the vehicles to be used as school buses meet the standards prescribed by the regulations made under the Act; and

 

                  (l)     if the application is for authority to furnish a contract service, copies of the contracts relating to the service.

 

         (2)    An application for a license to furnish a specialty school bus service only, shall contain

 

                  (a)    the full name, description and address of the applicant;

 

                  (b)    particulars of the school bus service the applicant proposes to operate;

 

                  (c)    brief particulars of contracts or arrangements made with School Boards, School Trustees or other school authorities;

 

                  (d)    the kind, year of manufacture, maker's name and serial number of each vehicle proposed to be operated;

 

                  (e)    the maximum seating capacity, excluding the driver's seat, of each vehicle proposed to be operated;

 

                  (f)     a statement that the vehicles to be used as school buses meet the standards prescribed by these regulations.

 

         (3)    Every application for the approval of an amendment to a license shall contain

 

                  (a)    the name, address and license number of the applicant;

 

                  (b)    particulars of the proposed amendment;

 

                  (c)    reasons for the proposed amendment.

 

         (4)    Every application for a license under this Section shall include an affidavit by the applicant or his agent or if the applicant is a body corporate by an officer of such body corporate verifying the matters set out in the application.

Subsection 3(5) repealed: O.I.C. 2007-568, N.S. Reg. 413/2007.

Subsection 3(6) repealed: O.I.C. 2007-568, N.S. Reg. 413/2007.

Subsection 3(7) repealed: O.I.C. 2007-568, N.S. Reg. 413/2007.


Application for approval of sale, assignment, lease or transfer of a license

4       (1)    An application for the approval by the Board of the sale, assignment, lease or transfer of a license shall contain

 

                  (a)    the full name and description of the applicant;

 

                  (b)    the number and particulars of the license which is the subject of the application;

 

                  (c)    a copy of the agreement of sale, assignment, lease or transfer of equipment and other property being sold, assigned, leased or transferred;

 

                  (d)    a list of the vehicles being sold, assigned, leased or transferred together with particulars of the kind, year of manufacture, maker's name, serial number, registration number and maximum seating capacity of each vehicle;

 

                  (e)    unless the application relates to a school bus service only, a list of the debts of the applicant that are being assumed by the purchaser, assignee, lessee or transferee and a statement of the manner in which they will be liquidated; and

 

                  (f)     if the applicant is an incorporated company, a certified copy of the directors' resolution and any other necessary resolutions authorizing the sale, assignment, lease or transfer of the applicant's license and assets of the transportation service operated thereunder.

 

         (2)    Every application for an approval under this Section shall include an affidavit by the applicant, or his agent, or if the applicant is a body corporate by an officer of the body corporate, verifying the matters set out in the application.

 

         (3)    The applicant shall attach to the application a certification of the purchaser, assignee, lessee or transferee or, if the purchaser, assignee, lessee or transferee is a body corporate, of an officer of such body corporate containing the following information:

 

                  (a)    the full name and description of the purchaser, assignee, lessee or transferee together with information similar to that required under clause (a) of subsection (1) of Section 3;

 

                  (b)    the financial condition of the purchaser, assignee, lessee, or transferee together with information similar to that required under clause (b) of subsection (1) of Section 3;

 

                  (c)    if the purchaser, assignee, lessee or transferee is an incorporated company, a certified copy of the directors' resolution and any other necessary resolution authorizing the purchase, assignment, lease or transfer of the applicant's license and assets of the transportation service operated thereunder; and

 

                  (d)    a description of the business proposed to be operated by the purchaser, assignee, lessee or transferee together with information similar to that required under clauses (d) to (l) of subsection (1) of Section 3.

Subsection 4(4) repealed: O.I.C. 2007-568, N.S. Reg. 413/2007.

 

5       Subject to subsection (4) of Section 25 of the Act, the Board shall not issue a license, grant approval of an amendment of a license or grant approval to the sale, assignment, lease or transfer of a license until the applicant, purchaser, assignee, lessee or transferee, as the case may be, has

 

                  (a)    effected or placed a motor vehicle liability policy of insurance satisfactory to the Board in such sums as are prescribed by these regulations for the protection of passengers, property and parcel express carried by the motor carrier and such other policies of insurance of whatsoever nature and in such sums as these regulations prescribe; and

 

                  (b)    filed in the office of the Board

 

                           (i)     a certificate of insurer certifying that the insurance required by the Act and the Board regulations has been placed or effected in respect of each public passenger vehicle to be operated by the motor carrier, and

 

                           (ii)    a certificate signed by an inspector appointed under the Act that the vehicle to be used in the furnishing of the proposed service is mechanically fit.

Clause 5(b)(ii) amended: O.I.C. 2007-568, N.S. Reg. 413/2007.

Section 5 heading repealed: O.I.C. 2007-568, N.S. Reg. 413/2007.

 

6       The Board at the time of or before the issue of a license or approval of the sale, assignment, lease or transfer of a license, may determine and approve as terms of the license or approval as the case may be, the

 

                  (a)    classes of service which the motor carrier is authorized to furnish;

 

                  (b)    routes over which and the areas within which each class of service authorized to be furnished by the motor carrier shall be furnished;

 

                  (c)    frequency of each service;

 

                  (d)    timetables showing the time of departure from, arrival at the terminal and time of passing named points on routes upon which public passenger vehicles are to be operated;

 

                  (e)    schedules of the rates, tolls, fares or charges to be levied by the motor carrier in relation to the transportation of passengers, baggage or parcel express in public passenger vehicles;

 

                  (f)     particulars of any conditions, limitations or restrictions relating to the license or to operations under such license;

 

                  (g)    type and number of vehicles that may be operated under the license;

Clause 6(g) added: O.I.C. 2007-568, N.S. Reg. 413/2007.


Services

7       The following words are used to describe public passenger services:

 

                  (a)    “public passenger” means a service by means of a public passenger vehicle;

 

                  (b)    “general” means the transportation of all persons, baggage and parcel express not exempted from the Act or these regulations;

 

                  (c)    “restricted” means the transportation of the persons, baggage and parcel express specified in the license;

 

                  (d)    “contract” means the transportation of persons, baggage and parcel express solely for the person specified in the license;

 

                  (e)    “specialty” means the transportation of persons, baggage and parcel express by chartered trips or on sight-seeing tours or by school bus or any service that in the opinion of the Board is a specialty service;

 

                  (f)     “route” means the transportation of persons, baggage and parcel express by way of a designated route from one terminus to another and includes, subject to restrictions or limitations expressly set out in the license, service to intermediate points and service from one intermediate point to another and return services;

 

                  (g)    “area” means the transportation of persons, baggage and parcel express between the localities situated within an area defined geographically such as a county or an area lying within well defined and clearly indicated boundaries, subject to restrictions or limitations expressly set out in the license;

 

                  (h)    “regular” means the transportation of passengers, baggage and parcel express from one point to another or on a round trip at fixed hours, days, weeks, or intervals;

 

                  (i)     “irregular” means the transportation of passengers, baggage and parcel express at hours, days, weeks or intervals that are not fixed.


Service conditions and obligations

8       The following service conditions and obligations shall apply:

 

                  (a)    all contract services and all specialty services are restricted services;

 

                  (b)    an authorization to transport persons, baggage and parcel express under a contract service shall be valid only for the duration of the contract between the motor carrier and the person for whom the service is to be supplied and shall be personal and non-transferable;

 

                  (c)    a duplicate original of such contract duly completed and signed by the parties shall be filed by the carrier in the office of the Board;

 

                  (d)    a motor carrier authorized to furnish an area service shall

 

                           (i)     maintain the service distinct from any other service that he is authorized to furnish,

 

                           (ii)    furnish service throughout the whole area, and

 

                           (iii)   not limit the service to a route within the area;

 

                  (e)    a motor carrier licensed to operate a regular service shall provide the service in accordance with the time schedule fixed by the Board regardless of the number of passengers, or the quantity of baggage or parcel express requiring transportation, and in accordance with the conditions and at the tariff rates set out in the license;

 

                  (f)     a motor carrier licensed to operate an irregular service shall transport passengers, baggage or parcel express requiring transportation, to the extent of his available equipment and in accordance with the conditions and at the tariff rates set out in the license;

 

                  (g)    no motor carrier shall join or cause to be joined a specialty charter or contract route or area public passenger authorization contained in the license of the motor carrier with another specialty charter or contract route or area public passenger authorization contained in the license or any other license of the motor carrier or of any other motor carrier unless the authority to join is specifically included in the license of the motor carrier.


Licenses and identification

9       Subject to the other provisions of these regulations, a license issued to a motor carrier authorizes the motor carrier to furnish the services specified in the license in accordance with the terms of the license and the provisions of the Act and these regulations.

 

10     The license issued to a motor carrier does not authorize the transportation of explosives or dangerous articles and does not authorize transportation by school bus, or by other specially designed, constructed or equipped vehicles, unless specifically stated in the license.

 

11     (1)    Subject to subsection (2), every motor carrier shall paint on or otherwise firmly apply or attach to both sides of each public passenger vehicle operated under the license issued to the motor carrier in easily read letters of not less than 75 mm (3 in.) in height, and in three lines, the following information:

 

                  (a)    name of motor carrier license holder;

 

                  (b)    address of motor carrier license holder; and

 

                  (c)    motor carrier license number.

 

         (2)    In the case of a public passenger vehicle that has a seating capacity of ten passengers or less, the size of the letters required under this Section may not be less than 25 mm (1 in.) in height.

 

         (3)    A motor carrier shall maintain the markings required by this Section free from foreign materials and in condition to be clearly visible.

 

12     (1)    The Board shall issue to each motor carrier for each public passenger vehicle from time to time designated in the motor carrier license an identification plate containing the letters “N.S.” to indicate the Province of Nova Scotia, the year for which it is issued and a distinguishing number and letters according to the following classification of services, namely:

 

                  (a)    “P” to indicate public passenger service other than school bus service;

 

                  (b)    “SB” to indicate specialty school bus service;

 

                  (c)    “SB-P” to indicate specialty school bus service and public passenger service.

 

         (2)    Prior to the issuing of an identification plate, the motor carrier shall submit to the Board satisfactory evidence that the taxes, tolls or fees due and payable by the carrier under the Act have been paid to the Board or that an arrangement satisfactory to the Board has been made with reference thereto.

 

         (3)    The identification plate issued under this Section for a vehicle is valid during the year for which it is issued and until the 30th day of April of the following year.

 

         (4)    Expired or deleted identification plates shall be removed from the vehicle.

Subsection 12(4) amended: O.I.C. 2007-568, N.S. Reg. 413/2007.

         (5)    The identification plate may be renewed and the renewal shall be evidenced by a sticker bearing the year of renewal and affixed to the designated portion of the plate.

 

13     Every licensed motor carrier shall attach each identification plate issued to the front of the public passenger vehicle for which the plate was issued.

 

14     (1)    No person shall attach or display any identification plate issued under the Act or these regulations on any vehicle other than the vehicle for which the plate was issued.

 

         (2)    No motor carrier shall drive or use or require or permit any other person to drive or use a public passenger vehicle on a highway unless there is attached to the vehicle in the manner required by these regulations a valid identification plate issued for the vehicle.

 

15     (1)    A motor carrier may apply to the Board to replace a public passenger vehicle operated by the motor carrier with another public passenger [vehicle], and to transfer the identification plate issued to the vehicle being replaced to the substituted vehicle if the substituted vehicle does not already have an identification plate issued to it.

 

         (2)    The Board may permit a public passenger vehicle to be replaced and an identification plate to be transferred under this Section once it is satisfied that all taxes, tolls or fees required to be paid by the motor carrier under the Act have been paid or that satisfactory arrangements have been made to pay them.

 

         (3)    An application form for an application under this Section shall be in the form and contain the information required by the Board.

Section 15 replaced: O.I.C. 2007-568, N.S. Reg. 413/2007.

 

16     When a motor carrier discontinues the use of a public passenger vehicle for which an identification plate was issued, he shall not thereafter drive or use or require or permit any other person to drive or use the vehicle with the identification plate attached, on a highway, and shall remove said plate and return the plate to the Board.


Certificate of authorization

17     (1)    Each year the Board shall issue with respect to each public passenger vehicle from time to time designated in the license of a motor carrier and for which an annual identification plate has been issued a certificate of authorization which shall be valid during the year for which it was issued and until the 30th day of April of the following year unless otherwise stated in the certificate or unless earlier cancelled or suspended by the Board.

 

         (2)    A motor carrier shall cause a valid certificate of authorization to be in the possession of the driver of any public passenger vehicle which the motor carrier is authorized to operate.


Insurance

18     (1)    In addition to any other policy of insurance required by this Act, every motor carrier shall effect or place and maintain a motor vehicle liability policy of insurance issued by a company duly authorized to issue the policy in the Province, providing third party coverage in respect of liability for loss or damage resulting from bodily injury to or the death of persons other than passengers and for damage to property of others to the limit of at least one million dollars, exclusive of interest and costs, under an inclusive coverage for each public passenger vehicle used.

 

         (2)    A motor vehicle liability policy of insurance for the protection of passengers and property carried by a motor carrier licensed to operate a public passenger vehicle shall be in a form approved by the Board and shall be issued by a company duly authorized to issue the policy in the Province and shall be in the following sums:

 

                  (a)    for each public passenger vehicle used, the seating capacity of which is twenty passengers or less, excluding the driver, for loss or damage resulting from bodily injury to or the death of persons and property damage to the limit of at least two million dollars, exclusive of interest and costs, under an inclusive coverage;

Clause 18(2)(a) amended: O.I.C. 95-641, N.S. Reg. 141/95.

 

                  (b)    for each public passenger vehicle used, the seating capacity of which is not less than twenty-one or more, excluding the driver, for loss or damage resulting from bodily injury to or the death of persons and property damage to the limit of at least three million dollars, exclusive of interest and costs, under an inclusive coverage.

Clause 18(2)(b) amended: O.I.C. 95-641, N.S. Reg. 141/95.

 

         (3)    A motor vehicle liability policy of insurance for the protection of parcel express carried by a motor carrier licensed to carry parcel express shall be in a form approved by the Board and shall be issued by a company duly authorized to issue the policy in the Province and shall insure against the liability of the carrier for loss or damage resulting from direct physical loss or damage to parcel express caused by:

 

                  (a)    fire (including self-ignition and internal explosion and lightning);

 

                  (b)    flood (meaning rising navigable waters);

 

                  (c)    cyclone, hurricane or tornado;

 

                  (d)    collision, that is to say, accidental collision of the vehicle with any other vehicle or object;

 

                  (e)    overturning of the vehicle;

 

                  (f)     collapse of a bridge;

 

                  (g)    stranding, sinking, fire or collision, including general average or salvage charges when being transported on or in the vehicle while on a regular ferry;

 

                  (h)    theft of an entire shipping package;

 

and shall be in the sum of at least five thousand dollars for damage to parcel express resulting from any one accident, exclusive of interest and costs, per public passenger vehicle used.

Subsection 18(4) repealed: O.I.C. 2007-568, N.S. Reg. 413/2007.

Subsection 18(5) repealed: O.I.C. 2007-568, N.S. Reg. 413/2007.


Construction, maintenance and operation of vehicles

19     (1)    Every public passenger vehicle shall conform to the construction and equipment standards prescribed in the Motor Vehicle Safety Act, Canada and regulations, as amended.

 

         (2)    In addition to the construction and equipment standards prescribed in subsection (1), every school bus shall conform to the requirements prescribed in CSA Standard D250-M1985, as amended.

 

         (3)    Every public passenger vehicle, other than an accessible transit bus or an accessible over-the-road bus that is built after January 1, 1993, and that is used to transport persons with physical disabilities shall, at a minimum, conform to CSA standard CSA D409-92, Motor Vehicles for the Transportation of Persons with Physical Disabilities, as amended.

Subsection 19(3) replaced: O.I.C. 2007-568, N.S. Reg. 413/2007.

 

         (4)    In addition to the construction and equipment standards set out in subsections (1) and (2), every public passenger vehicle that is an accessible transit bus built after January 1, 2004, and that is used to transport persons with physical disabilities shall, at a minimum, conform to CSA standard CAN/CSA D-435-02, Accessible Transit Buses, as amended.

Subsection 19(4) added: O.I.C. 2007-568, N.S. Reg. 413/2007.

 

         (5)    In addition to the construction and equipment standards set out in subsections (1) and (2), every public passenger vehicle that is an accessible over-the-road bus built after January 1, 2004, and that is used to transport persons with physical disabilities shall, at a minimum, conform to CSA standard CSA D-436-03, Accessible Over-the-Road Buses, as amended.

Subsection 19(5) added: O.I.C. 2007-568, N.S. Reg. 413/2007.

 

20     (1)    In addition to the construction and equipment standards prescribed in Section 19, every public passenger vehicle shall be equipped with

 

                  (a)    at least 1 adequately pressurized multi-purpose powder fire extinguisher that is mounted in a location that is readily accessible to the driver and is in plain sight and clearly marked, and that

 

                           (i)     has a minimum rating of 3A:40B:C,

 

                           (ii)    weighs between 2.0 and 2.5 kg (4.4 and 5.5 lb), and

 

                           (iii)   meets all of the following conditions:

 

                                    (A)   the operating mechanism shall be sealed with a type of seal that does not interfere with the use of the extinguisher,

 

                                    (B)   the extinguisher shall be equipped with a pressure gauge that indicates the condition of the extinguisher,

Clause 20(1)(a) replaced: O.I.C. 2007-568, N.S. Reg. 413/2007.

 

                  (b)    a speedometer in good working order located in view of the driver at all times;

Clause 20(1)(b) amended: O.I.C. 2007-568, N.S. Reg. 413/2007.


Clause 20(1)(c) repealed: O.I.C. 2007-568, N.S. Reg. 413/2007.

 

                  (d)    baggage racks adequate to carry baggage without discomfort to passengers and equipped with covers if placed outside the vehicle;

 

                  (e)    windshield defrosters of sufficient capacity to keep the windshield, the side window to the left of the driver, and the glass in the entrance door clear of fog and frost;

 

                  (f)     heaters of either the hot water or combustion type and

 

                           (i)     if only one heater is used, it shall be a fresh air or combined fresh air and recirculating type,

 

                           (ii)    if more than one heater is used, the additional heaters may be of the recirculating type,

 

                           (iii)   if combustion type heaters are used, they shall be approved by a recognized testing agency,

 

                           (iv)   the heating system shall be capable of maintaining the inside air temperature at a minimum of 5o C (40o F), at an outside air temperature of -18o C (0o F);

 

                  (g)    front and rear bumpers attached directly to the frame members, and of sufficient strength to permit the pushing of a vehicle of equal GVWR or of being pushed by a vehicle without permanent distortion to the bumper, chassis, frame or body;

 

                  (h)    in the case of vehicles under 4,500 kg (10,000 lbs.) GVWR, an exhaust system entirely outside the body of the vehicle and the tail pipe shall extend beyond the left rear wheel of the chassis or rear bumper of the vehicle but shall not emit exhaust on the right side of the vehicle;

 

                  (i)     in the case of vehicles over 4,500 kg (10,000 lbs.) GVWR, an exhaust system entirely outside the body of the vehicle and the tail pipe shall extend beyond the rear bumper of the vehicle;

 

                  (j)     batteries mounted outside the passenger compartment;

 

                  (k)    an oil pressure gauge or low oil indicator, low coolant indicator or high temperature warning indicator, a fuel gauge or low fuel indicator and amperage gauge or non-charging indicator, all of which shall be contained in an illuminated instrument panel clearly visible to the driver at all times and each indicator shall be accompanied by an audible warning signal;

 

                  (l)     a fuel tank intake outside of the passenger compartment;

 

                  (m)   grab straps or handholds adequate for the use of standing passengers;

 

                  (n)    a unitized first aid kit packed in a sturdy, dust-proof, removable container made of metal, or plastic of comparable strength, that is mounted in a location that is readily accessible to the driver and is in plain sight or clearly marked, and that contains at least all of the following equipment:

 

                           (i)      1 safety-oriented pocket guide,

                           (ii)     1 record book,

                           (iii)    face masks for mouth-to-mouth artificial respiration,

                           (iv)    4 pairs of rubber gloves,

                           (v)     4 space blankets,

                           (vi)    150 individually wrapped 25 × 75 mm (1 × 3 in.) adhesive dressings,

                           (vii)   eight 50 mm (2 in.) compress dressings,

                           (viii)  six 100 mm (4 in.) compress dressings,

                           (ix)    2 gauze eye pads,

                           (x)     1 eye shield,

                           (xi)    three 4-ply gauze dressings, a minimum of 914 × 914 mm (36 × 36 in.)

square,

                           (xii)   two 50 mm × 5.5 m (2 in. × 6 yd.) gauze bandages,

                           (xiii)  1 packet of 25 mm × 4.6 m (1 in. × 5 yd.),

                           (xiv)  adhesive tape,

                           (xv)   6 triangular bandages,

                           (xvi)  1 rolled metal splint 70 × 610 mm (2 3/4 × 24 in.) and 2 splint

paddings,

                           (xvii) 1 pair of sliver tweezers,

                           (xviii)1 pair of 152.4 mm (6 in.) scissors,

                           (xix)  twelve 50 mm (2 in.) safety pins,

                           (xx)   1 pencil,

                           (xxi)  1 marked plastic bag for disposal of bio-hazardous waste,

                           (xxii) at least the following antiseptics:

 

                                    (A)   di