This consolidation is unofficial and is for reference only. For the official version of the regulations, consult the original documents on file with the Registry of Regulations, or refer to the Royal Gazette Part II. Regulations are amended frequently. Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with the Registry that are not yet included in this consolidation. Although every effort has been made to ensure the accuracy of this electronic version, the Registry of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting. This electronic version is for your personal use and may not be copied for the purposes of resale in this or any other form.
Commercial Carrier Safety Fitness Rating and Compliance Regulations
made under Section 303G of the
Motor Vehicle Act
O.I.C. 2005-145 (March 31, 2005), N.S. Reg. 84/2005
as amended by O.I.C. 2008-176 (March 31, 2008, effective July 1, 2008), N.S. Reg. 186/2008
Citation
1 These regulations may be cited as the Commercial Carrier Safety Fitness Rating and Compliance Regulations.
Definitions
2 In these regulations,
(a) “acceptable safety fitness rating” means a rating of satisfactory, satisfactory unaudited, or conditional given by the Registrar to a carrier under Section 6;
(b) “Act” means the Motor Vehicle Act;
(c) “adequately insured”, with respect to a carrier, means having the insurance required by the regulations respecting carriage of freight by vehicle made under the Act;
(d) “at-fault collision” means a reportable accident in which the Registrar deems the driver to be fully or partially responsible for the accident;
(e) “carrier” means a carrier as defined in clause 303A(a) of the Act;
(f) “commercial vehicle” means a commercial vehicle as defined in clause 303A(b) of the Act;
(g) “Commercial Vehicle Safety Alliance” means the non-profit corporation with head office in Washington, D.C., United States, consisting of representatives of federal, state and provincial government agencies and private industry in the United States, Canada and the Republic of Mexico that is dedicated to improving commercial vehicle safety;
(h) “conditional rating” means the safety fitness rating given to a carrier in accordance with subsection 6(3);
(i) “cumulative fleet size” means the total of the single-day fleet sizes for a carrier over a period of time prescribed by the Registrar;
(j) “demerit point” means a point value set out in Appendix “A” - Demerit Point System Table opposite a conviction, out-of-service inspection or at-fault collision and assigned to a carrier as a demerit for the conviction, out-of-service inspection or at-fault collision;
(k) “demerit index” means a single index calculated in accordance with Section 17 that combines a carrier’s overall demerit points;
(l) “driver” means a driver of a commercial vehicle licensed under the Act;
(m) “emergency vehicle” means a vehicle operated by or on behalf of a police force or fire department or an ambulance;
(n) “facility audit” means an audit performed by the Department, or an agent authorized by the Department, of a carrier’s compliance with the record keeping requirements of Section 303D of the Act;
(o) “inspection” means an inspection of a driver or commercial vehicle using the criteria established by the Commercial Vehicle Safety Alliance;
(p) “intervention level 1” means the demerit index value calculated in accordance with subsection 18(2) that requires the Registrar to intervene with a carrier in accordance with subsection 20(1);
(q) “intervention level 2” means the demerit index value calculated in accordance with subsection 18(3) that requires the Registrar to intervene with a carrier in accordance with subsection 20(2);
(r) “intervention level 3” means the demerit index value calculated in accordance with subsection 18(4) that requires the Registrar to intervene with a carrier in accordance with subsection 20(3);
(s) “National Safety Code number” means an identification number assigned to a carrier by the Registrar;
(t) “out-of-service inspection” means an inspection by a motor vehicle inspector in the course of which a driver or commercial vehicle is found to be unsafe to operate on a highway;
(u) “reciprocating jurisdiction” means a reciprocating jurisdiction as defined in clause 303A(c) of the Act;
(v) “reportable accident” means an accident involving a commercial vehicle that results in
(i) injury or death to a person, or
(ii) property damage that appears to be of $1000 or more;
(w) “safety fitness certificate” means the certificate issued by the Department in accordance with Section 9;
(x) “safety fitness rating” means the rating that must be given to a carrier by the Registrar based upon the factors set out in subsection 4(1);
(y) “satisfactory rating” means the safety fitness rating given to a carrier in accordance with subsection 6(1);
(z) “satisfactory unaudited rating” means the safety fitness rating given to a carrier in accordance with subsection 6(2);
(aa) “single-day fleet size” means the total number of commercial vehicles that a carrier owns, leases or is otherwise responsible for on any particular day;
(ab) “unsatisfactory rating” means the safety fitness rating given to a carrier in accordance with subsection 6(4); and
(ac) “vehicle” means a vehicle as defined in clause 2(ca) of the Act.
Application of regulations
3 (1) Except as provided in subsection (2), these regulations apply to
(a) the following commercial vehicles registered in the Province or a reciprocating jurisdiction:
(i) a truck, truck-tractor, trailer, or a combination thereof that has a registered gross vehicle weight of more than 4500 kg,
(ii) a bus designed, constructed and used for transporting passengers, with a designated seating capacity of more than 10 persons, including the driver;
(b) the following drivers licensed under the Act or by a reciprocating jurisdiction:
(i) an employee of a carrier who drives a commercial vehicle to which these regulations apply that a carrier owns, leases or is otherwise responsible for,
(ii) a carrier, while driving a commercial vehicle to which these regulations apply that the carrier owns, leases or is otherwise responsible for;
(c) carriers that operate commercial vehicles to which these regulations apply in the Province.
(2) These regulations do not apply to the following vehicles:
(a) a recreational vehicle or a vehicle towing a recreational vehicle, when not being operated for the purpose of commercial venture for profit or gain;
(b) an emergency vehicle;
(c) a bus, when being operated for personal use.
How safety fitness rating is given
4 (1) The Registrar must give each carrier a safety fitness rating based on the categories of safety fitness rating in Section 6 and, except as exempted under subsection 7(3), the carrier’s application for a safety fitness rating.
(2) The Registrar may review the safety fitness rating of a carrier at any time and may change the carrier’s rating in accordance with these regulations.
(3) Despite subsection (1), a carrier that is given a safety fitness rating by a reciprocating jurisdiction that is, in the opinion of the Registrar, equivalent to the safety fitness rating that the Registrar would have given to the carrier, does not require a safety fitness rating from the Registrar but is deemed, for the purposes of these regulations, to have the safety fitness rating the Registrar would have given to the carrier.
Prohibition against operating without safety fitness rating and safety fitness certificate
5 (1) A driver must not drive, and a carrier must not permit a commercial vehicle to be driven, upon a highway unless the carrier has a satisfactory, satisfactory unaudited or conditional rating and a valid safety fitness certificate issued by the Registrar, or is deemed to have a satisfactory, satisfactory unaudited or conditional rating under subsection 4(3).
(2) The Registrar must not register a commercial vehicle of a carrier or issue a carrier a vehicle permit, replacement number plate or replacement validation sticker unless the carrier has a satisfactory, satisfactory unaudited or conditional rating and a valid safety fitness certificate issued by the Registrar.
Categories of safety fitness ratings
6 (1) The Registrar must give a satisfactory rating to a carrier if all of the following apply to the carrier:
(a) the carrier’s demerit index is equal to or less than intervention level 1;
(b) the carrier has passed a facility audit;
(c) the Registrar is otherwise satisfied as to the carrier’s ability to operate safely.
(2) The Registrar must give a satisfactory unaudited rating to a carrier if all of the following apply to the carrier:
(a) the carrier’s demerit index is equal to or less than intervention level 1;
(b) the carrier has not had a facility audit;
(c) the Registrar is otherwise satisfied as to the carrier’s ability to operate safely.
(3) The Registrar must give a conditional rating to a carrier if any of the following apply to the carrier and the Registrar is otherwise satisfied as to the carrier’s ability to operate safely:
(a) the carrier’s demerit index is
(i) intervention level 2, or
(ii) intervention level 3 and the Registrar has not held a hearing under Section 24;
(b) at a hearing under Section 24, the Registrar permits the carrier to undertake another action plan under clause 24(2)(a);
(c) the carrier has failed a facility audit, except a facility audit under Section 25; or
(d) the carrier passes a facility audit under Section 25.
(4) The Registrar must give an unsatisfactory rating to a carrier if any one of the following applies to the carrier:
(a) the carrier’s demerit index is intervention level 3 and at a hearing under Section 24 the Registrar does not permit the carrier to undertake another action plan under clause 24(2)(a);
(b) the carrier is not adequately insured;
(c) the carrier fails to comply with any special operating condition imposed under clause 24(3)(a);
(d) the carrier fails to renew a safety fitness certificate under Section 10 [7] before the expiry date;
(e) the Registrar revokes the carrier’s safety fitness certificate under Section 11; or
(f) the Registrar is otherwise not satisfied as to the carrier’s ability to operate safely.
Application for safety fitness rating and safety fitness certificate and renewals
7 (1) An application for a safety fitness rating and safety fitness certificate, or for renewal of a safety fitness certificate, must be made on the form prescribed by the Registrar and, except as exempted under subsection (3), must be submitted to the Registrar together with all of the following:
(a) proof of the carrier’s insurance, as prescribed by the regulations respecting carriage of freight by vehicle made under the Act;
(b) proof of the carrier’s incorporation or partnership registration, if applicable;
(c) proof that the carrier, if incorporated, has made all required filings and registrations with the Registry of Joint Stock Companies, and is in good standing with the Registry of Joint Stock Companies;
(d) a declaration, made by a person familiar with the business operations of the carrier and who has the authority to bind the carrier, that contains
(i) certification that the information in the application is true,
(ii) acceptance of responsibility by the carrier for the operation of commercial vehicles imposed by law on the carrier,
(iii) a statement of whether any principal, director, officer or partner of the carrier is or has been a member of a carrier that has or has had an unsatisfactory rating in Nova Scotia or an equivalent rating in any reciprocating jurisdiction, and
(iv) details surrounding the revocation of, or refusal to issue, any safety fitness certificate or equivalent issued to the carrier;
(e) if the carrier has been issued a safety fitness certificate or equivalent in a reciprocating jurisdiction and the carrier is moving their operation to Nova Scotia, a copy of their government operating record from the reciprocating jurisdiction;
(f) an application fee of $57.68, unless exempted under subsection (2);
Clause 7(1)(f) amended: O.I.C. 2008-176, N.S. Reg. 186/2008.
(g) any additional information and documentation that the Registrar requires.
(2) There is no application fee for a carrier that makes an application for only a vehicle or vehicles owned by a non-profit, charitable or religious organization used exclusively for transporting passengers and not for the purpose of gain.
(3) A carrier is not required to apply for a safety fitness rating and safety fitness certificate or apply for a renewal of a safety fitness certificate if each commercial vehicle that the carrier owns, leases or otherwise is responsible for is a vehicle with farm plates registered to a farmer.
False statement made in application
8 A person must not make a false statement in an application by a carrier for a safety fitness rating and safety fitness certificate, or for renewal of a safety fitness certificate.
Issuance of safety fitness certificate
9 (1) The Registrar may issue or renew a safety fitness certificate in accordance with these regulations.
(2) A safety fitness certificate is valid for 1 year.
(3) A safety fitness certificate must state
(a) the name of the carrier;
(b) the address of the carrier’s principal place of business in Nova Scotia;
(c) the National Safety Code number assigned to the carrier;
(d) the carrier’s safety fitness rating at the time the certificate is issued;
(e) the expiry date of the certificate.
Refusal to issue safety fitness certificate
10 (1) The Registrar may refuse to issue or renew a safety fitness certificate, if
(a) the application is not complete, in accordance with subsection 7(1);
(b) the application contains a false statement;
(c) the carrier has had an unsatisfactory rating in Nova Scotia or an equivalent rating in a reciprocating jurisdiction;
(d) the carrier, if incorporated, has not made all required filings and registrations with the Registry of Joint Stock Companies, or is not in good standing with the Registry of Joint Stock Companies;
(e) a principal, director, officer or partner of the carrier is or has been a member of a carrier that has or has had an unsatisfactory rating in Nova Scotia or an equivalent rating in a reciprocating jurisdiction;
(f) the carrier is not adequately insured; or
(g) the Registrar is otherwise not satisfied as to the carrier’s ability to operate safely.
(2) The Registrar must refuse to issue a carrier a safety fitness certificate or refuse to renew a carrier’s safety fitness certificate if the carrier has an unsatisfactory rating.
Revocation of safety fitness certificate
11 (1) The Registrar may revoke a carrier’s safety fitness certificate if
(a) the carrier’s application contains a false statement, in accordance with Section 8;
(b) the carrier has had an unsatisfactory rating in Nova Scotia or an equivalent rating in a reciprocating jurisdiction;
(c) the carrier, if incorporated, has not made all required filings and registrations with the Registry of Joint Stock Companies, or is not in good standing with the Registry of Joint Stock Companies;
(d) a principal, director, officer or partner of the carrier is or has been a member of a carrier that has or has had an unsatisfactory rating in Nova Scotia or an equivalent rating in a reciprocating jurisdiction;
(e) the applicant is not adequately insured; or
(f) the Registrar is otherwise not satisfied as to the carrier’s ability to operate safely.
(2) The Registrar must revoke a carrier’s safety fitness certificate if the carrier has an unsatisfactory rating.
(3) If the Registrar revokes a carrier’s safety fitness certificate, the Registrar must suspend or cancel the number plates and vehicle permits that have been issued for any commercial vehicle that the carrier owns, leases or is otherwise responsible for, for a period of time considered appropriate by the Registrar.
(4) If the Registrar suspends or cancels a carrier’s number plates and vehicle permits under subsection (2), the carrier must immediately return to the Registrar all those number plates and vehicle permits.
(5) If the Registrar revokes a carrier’s safety fitness certificate, the carrier is deemed to have an unsatisfactory rating from and including the date of revocation.
Replacement safety fitness certificate
12 (1) If the Registrar changes the safety fitness rating of a carrier in accordance with subsection 4(2) before the expiry date of the carrier’s safety fitness certificate, the Registrar must issue the carrier a replacement certificate, at no fee, that is valid until the expiry date of the fitness certificate that is being replaced.
(2) If a carrier changes their name or their principal place of business in Nova Scotia, the carrier must notify the Registrar with details of the change within 10 days of the change.
(3) If a carrier changes any of its principals, directors, officers or partners, the carrier must notify the Registrar with details of the change, including whether any new principal, director, officer or partner is or has been a member of a carrier that has or has had an unsatisfactory rating in Nova Scotia or an equivalent rating in a reciprocating jurisdiction, within 10 days of the change.
(4) Except as provided in subsection (5), when the Registrar receives notification in accordance with subsection (2) or (3), the Registrar must issue a replacement certificate, at no fee, that is valid until the expiry date of the safety fitness certificate that is being replaced.
(5) The Registrar may refuse to issue a replacement safety fitness certificate if a new principal, director, officer or partner of the carrier is or has been a member of a carrier that has or has had an unsatisfactory rating in Nova Scotia or an equivalent rating in a reciprocating jurisdiction, and may revoke the carrier’s safety fitness certificate in accordance with Section 11.
(6) When a replacement certificate is issued to a carrier under this Section, the carrier must destroy the certificate that is replaced along with all copies of it.
(7) Subsections (2) and (3) do not apply to a carrier if each commercial vehicle that the carrier owns, leases or is otherwise responsible for is a vehicle with farm plates registered to a farmer.
Extending safety fitness certificate
13 (1) Despite any other provision of these regulations, the Registrar may permit a carrier to operate for up to 30 days after the expiry date of their safety fitness certificate.
(2) Despite any other provision of these regulations, the Minister may authorize the Registrar to extend the term of a carrier’s safety fitness certificate for as long as the Minister requires.
Carrier record maintained by Registrar
14 (1) The Registrar must maintain a record for each carrier that includes all of the following:
(a) the National Safety Code number assigned to the carrier;
(b) the carrier’s current safety fitness rating;
(c) warnings, refusals to issue or revocations of safety fitness certificates, suspensions of number plates, cancellations of vehicle permits and contraventions of enactments of the Province, a reciprocating jurisdiction or the Parliament of Canada relating to motor vehicles that are incurred by the carrier;
(d) results of safety inspections, trip inspections and facility audits;
(e) results of interviews under Section 22 and hearings under Section 24, including an action plans to be carried out and special operating conditions imposed;
(f) convictions, reportable accidents and inspections of a driver, and including a conviction for an offence committed by a driver while the driver was employed by the carrier whether or not the driver is employed by the carrier at the time of the conviction;
(g) the demerit points assigned to the carrier.
(2) The Registrar must maintain 3 separate totals of the demerit points assigned to a carrier as follows:
(a) 1 total for convictions;
(b) 1 total for at-fault collisions; and
(c) 1 total for out-of-service inspections.
(3) Demerit points must be assigned by the Registrar as set out in Appendix “A” - Demerit Point System Table for all of the following:
(a) a conviction;
(b) an out-of-service inspection;
(c) an at-fault collision resulting in property damage;
(d) an at-fault collision resulting in physical injury;
(e) an at-fault collision resulting in fatality.
Removal of demerit points
15 (1) The Registrar must remove the demerit points assigned to a carrier for a conviction from the carrier’s record 2 years after the date of the conviction.
(2) The Registrar must remove the demerit points assigned to a carrier for an out-of-service inspection or an at-fault collision from the carrier’s record 2 years after the date of the inspection or the collision.
(3) The Registrar may remove demerit points in accordance with the results of a show cause hearing under Section 24.
Calculation of adjusted demerit point totals
16 The Registrar must prescribe formulas to adjust the 3 separate totals of demerit points required by subsection 14(2) to eliminate, as far as possible, differences between carriers that,
(a) for the demerit point totals for convictions and at-fault collisions, are the result of differences in cumulative fleet size;
(b) for the demerit point total for out-of-service inspections, are the result of differences in the number of inspections a carrier receives.
Calculation of demerit index
17 The Registrar must prescribe a formula to combine the 3 adjusted totals for a carrier, calculated in accordance with Section 16, into a single index of the carrier’s overall demerit points, which is the demerit index for the carrier.
Calculation of intervention levels
18 (1) The Registrar must prescribe a formula to identify a demerit index number value for each of intervention levels 1, 2 and 3 in accordance with subsections (2) to (4).
(2) Intervention level 1 is the demerit index number value that 5% of all carriers is expected to exceed.
(3) Intervention level 2 is the demerit index number value that 2% of all carriers is expected to exceed.
(4) Intervention level 3 is the demerit index number value that 0.2% of all carriers is expected to exceed.
Registrar may revise formulas
19 The Registrar may revise the formulas prescribed under Sections 16, 17 and 18 in accordance with a statistical analysis of carriers’ records.
Intervention by Registrar
20 (1) If a carrier’s demerit index is intervention level 1, the Registrar must
(a) notify the carrier of this in writing; and
(b) advise the carrier in the notice that
(i) a facility audit may be carried out on the carrier, and
(ii) if the carrier is assigned further demerit points that increase the carrier’s demerit index to intervention level 2, the Registrar may require the carrier to attend an interview with a person designated by the Registrar to formulate a plan for the carrier in accordance with subsection (2).
(2) If a carrier’s demerit index is intervention level 2, the Registrar must
(a) notify the carrier of this in writing; and
(b) advise the carrier in the notice that
(i) a facility audit may be carried out on the carrier, and
(ii) the Registrar may require the carrier to attend an interview with a person designated by the Registrar to formulate a plan in accordance with Section 22.
(3) If a carrier’s demerit index is intervention level 3, or if the carrier fails to attend an interview required by the Registrar under subsection (2), the Registrar must
(a) notify the carrier of this in writing;
(b) advise the carrier in the notice that
(i) a facility audit may be carried out on the carrier, and
(ii) the Registrar may require the carrier to attend a hearing to show cause why the carrier should not be given an unsatisfactory rating in accordance with Section 24.
When notice deemed served
21 (1) A notice referred to in Section 20 that is made by Priority Post or courier service is deemed to have been served on the 3rd day after the notice is sent.
(2) A notice referred to in Section 20 that is made by ordinary mail is deemed to have been served on the 5th day after the notice is sent.
Interview of carrier at intervention level 2
22 At an interview required by the Registrar under subsection 20(2), the person designated by the Registrar and the carrier must
(a) attempt to identify the reasons why the carrier’s demerit index is higher than average;
(b) evaluate possible action plans to prevent further demerit points; and
(c) attempt to jointly decide on an appropriate action plan that the carrier is willing to carry out and commits to.
Registrar may permit action plan for carrier at intervention level 3
23 (1) Before requiring a carrier to attend a show cause hearing under subsection 20(3), the Registrar may permit a carrier to undertake an appropriate action plan satisfactory to the Registrar that the carrier is willing to carry out and commits to if
(a) the carrier has not had an opportunity to undertake an action plan before attaining a demerit index of intervention level 3; and
(b) the Registrar is satisfied that the continued operation of the carrier will not adversely affect the safety of the public.
(2) If the Registrar permits a carrier to undertake an action plan under subsection (1), the Registrar may impose any special operating conditions that the Registrar considers appropriate.
Show cause hearing for intervention level 3 or failure to attend interview
24 (1) At a show cause hearing required by the Registrar under subsection 20(3), the Registrar and the carrier must
(a) review the carrier’s record; and
(b) if applicable, identify the reasons why the action plan agreed to under Section 22 or undertaken under Section 23 failed.
(2) Following the hearing, the Registrar may decide to
(a) permit the carrier to undertake a more effective action plan than the previous action plan that was agreed to under Section 22 or undertaken under Section 23, if the Registrar is satisfied that
(i) the carrier made a sincere effort and took reasonable steps to comply with the previous action plan,
(ii) the carrier is willing to carry out and commits to carry out the more effective action plan, and
(iii) the continued operation of the carrier will not adversely affect the safety of the public; or
(b) give the carrier an unsatisfactory rating and revoke the carrier’s safety fitness certificate in accordance with Section 11.
(3) If the Registrar permits the carrier to undertake a more effective action plan under clause (2)(a), the Registrar may do any or all of the following:
(a) impose any special operating conditions that [the] Registrar considers appropriate;
(b) leave the carrier’s conditional rating unchanged for a period of time considered appropriate by the Registrar;
(c) remove any number of demerit points from the carrier’s record that the Registrar considers appropriate.
(4) If a carrier is assigned further demerit points after receiving permission from the Registrar to undertake a more effective action plan under clause (2)(a), or if the carrier fails to comply with any special operating condition imposed under clause (3)(a), the Registrar may immediately give the carrier an unsatisfactory rating and revoke the carrier’s safety fitness certificate in accordance with Section 11.
(5) If the carrier fails to attend the hearing, the Registrar may take any action that the Registrar could have taken if the carrier had attended the hearing.
Procedure for reassessing an unsatisfactory rating of a carrier given after a hearing
25 (1) A carrier whose safety fitness certificate is revoked as a result of a hearing may, after the period of time imposed under clause [subsection] 11(3), request that the Registrar conduct a facility audit of the carrier.
(2) If a carrier passes a facility audit requested under subsection (1), the Registrar must
(a) restore the carrier’s safety fitness certificate;
(b) give the carrier a conditional rating for a period of time considered appropriate by the Registrar; and
(c) remove all demerit points previously assigned to the carrier.
(3) If the carrier does not pass the facility audit, the carrier keeps an unsatisfactory rating and the carrier’s safety fitness certificate remains revoked.
Appendix A
Demerit Point System Table
Convictions
Offence
Section
Points
Driver-related offences
Motor Vehicle Act offences:
1
Failing to obey peace officer (specify directions disobeyed)
83(1)
3
2
Failing to obey traffic signs or signals (specify)
83(2)
3
Failing to yield right of way to pedestrians on green or flashing green light
93(2)(a)
3
4
Failing to proceed in direction of arrow on green arrow light
93(2)(b)
3
5
Failing to yield right of way to pedestrians on green arrow light
93(2)(b)
3
6
Failing to stop at amber light when able to stop in safety
93(2)(c) or (d)
3
7
Failing to stop at red light
93(2)(e)
3
8
Failing to yield to pedestrian on right turn at red light
93(2)(e)
3
9
Failing to stop at flashing red light before entering intersection
93(2)(f)
3
10
Failing to yield to pedestrians or other vehicles (specify) at flashing red light
93(2)(f)
3
11
Failing to proceed with caution at flashing amber light
93(2)(g)
3
12
Failing to yield to traffic in proximity of intersection at flashing amber light
93(2)(g)
3
13
Failing to yield to pedestrians at walk light
93(2)(h)
3
14
Travelling in lane marked with red “X” traffic lane signal
93(4)(b)
2
15
Failing to immediately stop at scene of an accident
97(1)
3
16
Failing to provide name, address and registration after having an accident
97(3)