Schedule 4A

Regulations made pursuant to the Motor Vehicle Act

Offence

Section

Out of Court Settlement

Alcohol Ignition Interlock Program Regulations

1.

Interlock license holder tampering with approved device or operating equipped vehicle that has been tampered with

             passenger vehicle

             commercial vehicle

24(1)(a)

G

J

2.

Failing to take equipped vehicle or approved device for scheduled inspection

             passenger vehicle

             commercial vehicle

24(1)(b)

G

J

3.

Soliciting breath sample while in control of equipped vehicle to start equipped vehicle or keep equipped vehicle in motion

             passenger vehicle

             commercial vehicle

24(1)(c)

G

J

4.

Knowingly assisting interlock license holder to start equipped vehicle while interlock license holder in control of equipped vehicle

             passenger vehicle

             commercial vehicle

24(2)(a)

G

J

5.

Knowingly assisting interlock license holder to keep equipped vehicle in motion while interlock license holder in control of equipped vehicle

             passenger vehicle

             commercial vehicle

24(2)(b)

G

J

6.

Knowingly assisting interlock license holder to tamper with approved device

             passenger vehicle

             commercial vehicle

24(2)(c)

G

J

7.

Allowing interlock license holder to operate vehicle other than equipped vehicle specified for interlock license

             passenger vehicle

             commercial vehicle

24(3)

G

J

Commercial Vehicle Drivers' Hours of Service Regulations

1.

Driving when driver’s faculties are impaired

5(a)

F

2.

Driving when driving would jeopardize public health or safety

5(b)

F

3.

Driving when out-of-service

5(c)

F

4.

Driving when not in compliance with regulations

5(d)

D

5.

Failing to comply with daily driving hours (13 hours)

6(a)

D

6.

Failing to comply with daily on-duty hours (14 hours)

6(b)

D

7.

Failing to take 8 consecutive off-duty hours after 13 hours of driving time

7(1)(a)

D

8.

Failing to take 8 consecutive off-duty hours after 14 hours of on-duty time

7(1)(b)

D

9.

Driving after 16 hours have elapsed between off-duty periods

7(2)

D

10.

Failing to take 10 hours of off-duty time in day, including 8-hour period of off-duty and 2-hour period of off-duty

9(1)

D

11.

Failing to comply with off-duty hours after splitting daily off-duty time (single driver)

12(3)

D

12.

Failing to comply with off-duty hours after splitting daily off-duty time (team of drivers)

13(3)

D

13.

Failing to follow cycle 1 or cycle 2

14

D

14.

Failing to take off-duty hours – at least 24 consecutive in 14 days

15

D

15.

Excessive hours – cycle 1

16

D

16.

Excessive hours – cycle 2

17(a)

D

17.

Failing to take off-duty hours – 24 consecutive hours after 70 hours on duty

17(b)

D

18.

Switching from cycle 1 to cycle 2 without taking 36 consecutive off-duty hours

19(1)(a)

D

19.

Switch from cycle 2 to cycle 1 without taking 72 consecutive off-duty hours

19(1)(b)

D

20.

Failing to take off-duty hours – at least 3 periods off-duty during 24 days (special permit for oil well service vehicles)

22(2)(a)

D

21.

Failing to take off-duty hours – at least 72 consecutive hours off duty (special permit for oil well service vehicles)

22(2)(b)

D

22.

Failing to place copy of special permit in vehicle

25(1)(a)

E

23.

Failing to provide list of vehicles operating under special permit to director

25(1)(b)

E

Failing to make daily log of drivers operating under special permit available immediately to director

25(1)(c)

E

25.

Failing to make supporting documents of drivers operating under special permit available immediately to director

25(1)(c)

E

26.

Failing to notify director of accident involving vehicle operating under special permit

25(1)(d)

E

27.

Failing to comply with terms and conditions of special permit

25(2)

E

28.

Failing to record reason for extending driving, on-duty time or elapsed time (specify) in daily log

29

D

29.

Failing to fill out daily log

31(1)

E

30.

Failing to legibly enter all required information in daily log

32

C

31.

Failing to have daily logs for previous 14 days in possession

34(a)

E

32.

Failing to have daily logs of 24-hour off-duty time in possession (special permit for oil will service vehicles)

34(b)

E

33.

Failing to have daily log for current day in possession, completed up to last duty status change

34(c)

B

34.

Failing to have supporting documents of current trip in possession

34(d)

E

35.

Failing to forward daily logs no later than 20 days after completed

35(1)

C

36.

Failing to forward supporting documents no later than 20 days after completed

35(1)

C

37.

Failing to forward daily logs to first carrier no later than 20 days after completed

35(2)(a)

C

38.

Failing to forward copy of daily logs to all other carriers no later than 20 days after completed

35(2)(b)

C

39.

Failing to forward supporting documents to all carriers no later than 20 days after completed

35(2)(c)

C

40.

Failing to deposit daily logs within 30 days

35(3)(a)

E

41.

Failing to deposit supporting documents no later than 30 days after received

35(3)(a)

E

Failing to keep daily logs in chronological order for 6 months

35(3)(b)

E

Failing to keep supporting documents in chronological order for 6 months

35(3)(b)

E

44.

Keeping more than one daily log

36(1)

G

45.

Entering inaccurate information in a daily log

36(2)(a)

G

46.

Falsifying, mutilating or defacing daily log

36(2)(b)

G

47.

Falsifying, mutilating or defacing supporting documents

36(2)(b)

G

48.

Failing to monitor compliance

37(1)

F

49.

Failing to take immediate remedial action

37(2)

F

50.

Failing to issue notice of non-compliance

37(2)

F

51.

Failing to record required details of non-compliance

37(2)

F

52.

Making false statement to director

39

G

53.

Failing to immediately produce current daily log and daily logs for previous 14 days

41(1)(a)

E

54.

Failing to immediately produce supporting documents for current trip and previous 14 days

41(1)(b)

E

55.

Failing to immediately produce special permits for current trip and previous 14 days

41(1)(c)

E

56.

Failing to retrieve information on electronic recording device

41(2)

E

57.

Failing to immediately give inspector daily logs for previous 14 days

41(3)(a)

E

58.

Failing to immediately give inspector supporting documents for previous 14 days

41(3)(b)

E

59.

Failing to immediately give inspector special permits

41(3)(c)

E

60.

Failing to make daily logs available

42(1)(a)

F

61.

Failing to make supporting documents available

42(1)(b)

F

62.

Failing to make special permits available

42(1)(c)

F

Commercial Vehicle Maintenance Standards

1.

Failing to systematically inspect, repair and maintain commercial vehicle

4(1)

$455.21

2.

Failing to comply with the commercial vehicle component performance standards set forth in Appendix "A"

4(1)(a)

$455.21

3.

Improper use or installation of replacement parts

4(1)(b)

$455.21

4.

Failing to maintain required commercial vehicle records

4(2)

$1260.21

5.

Carrier failing to retain records at principal place of business in Nova Scotia for specified time

4(3)

$225.21

6.

Carrier failing to ensure vehicle is properly lubricated and free of leaks

5

$225.21

7.

Refusing to allow inspector access to records or produce records for inspection (specify)

6(3)

$225.21

8.

Failing to assist inspector when requested

7(2)

$685.21

Commercial Vehicle Trip Inspection and Records Regulations

1.

Driver failing to perform or cause to be performed pre-trip inspection

3

$150.46

2.

Failing to inspect items set out in Schedules that are part of the commercial vehicles

4

$167.71

3.

Driver or designated person failing to record defects noted in inspection

5

$150.46

4.

Failing to record in the inspection report any defects observed while in charge of the vehicle

6

$167.71

5.

Failing to repair items listed on the vehicle inspection report affecting safety

8

$167.71

6.

Failing to maintain vehicle and inspection records

11

$225.21

7.

Failing to retain vehicle and inspection records for 6 months following release of the vehicle from the carrier's control

12(a)

$225.21

8.

Failing to retain the required vehicle inspection report for period of 3 months

12(b)

$225.21

Motor Vehicle Inspection Regulations (MVIR)

1.

Making false statement in application for tester’s license or renewal of tester’s license (specify)

8

G

2.

Selling inspection sticker or inspection certificate when not authorized by regulations

13(3)

G

3.

Person who is not tester or vehicle inspector inspecting vehicle or issuing inspection sticker or certificate (specify)

15(1)

G

4.

Tester inspecting vehicle that tester is not qualified to inspect

15(2)

G

5.

Unauthorized person affixing or removing (specify) inspection sticker

15(4)

G

6.

Conducting inspection or issuing, affixing or removing inspection sticker (specify) at place other than official testing station

16(1)

E

7.

Failing to conduct or certify (specify) inspection in accordance with regulations

17(1)(a)

G

8.

Failing to complete or issue (specify) inspection certificate and inspection sticker for each vehicle inspected

17(1)(b)

G

9.

Failing to notify Registrar that information on vehicle permit does not correspond with actual vehicle

17(1)(c)

C

10.

Failing to provide Registrar with true, accurate and complete information for vehicle inspected or inspection sticker or inspection certificate issued (specify)

17(1)(d)

E

11.

Falsely certifying inspection

17(3)(a)

G

12.

Knowingly issuing rejection sticker for vehicle that should be approved

17(3)(b)

G

13.

Knowingly issuing approval sticker for vehicle that should be rejected

17(3)(c)

G

14.

Issuing voided inspection certificate or voided inspection sticker (specify) for vehicle or affixing voided inspection sticker to vehicle (specify)

17(3)(d)

E

15.

Issuing or affixing (specify) rejection sticker to vehicle that tester or vehicle inspector believes is unroadworthy

20(2)

G

16.

Owner or operator of vehicle failing to ensure that vehicle is inspected and certified by tester or vehicle inspector as ordered by the Minister

26(1)(a)

C

17.

Owner or operator of vehicle failing to produce valid inspection certificate for vehicle at request of peace officer 

26(1)(b)

B

18.

Owner or operator of vehicle operating vehicle without valid inspection sticker in place or possessing valid inspection certificate for vehicle (specify)

26(2)

B

19.

Dealer selling Type 1 new vehicle or Type 2 vehicle that has not been inspected or certified by tester or vehicle inspector or that does not have valid approval sticker and corresponding inspection certificate (specify)

28(1)

G

19A.

Selling Type 1 used vehicle or Type 2 vehicle that has not been inspected or certified by tester or vehicle inspector within 30 days before the date the vehicle is sold or that does not have valid approval sticker and corresponding inspection certificate (specify)

28(1A)

G

20.

Failing to have vehicle that was purchased outside of Province and that is required to be registered in Province inspected 10 days after vehicle entered Province

29(1)

B

21.

Making false statement in application for official testing station license or renewal of official testing station license (specify)

33

G

22.

Licensee failing to return to Department original official testing station license, all unused inspection stickers and inspection certificates, all voided inspection stickers and inspection certificates or any other material given to licensee (specify) when official testing license is cancelled or suspended

39

E

23.

Licensee failing to provide true, accurate and complete information to Registrar

42(a)

G

24.

Licensee failing to ensure that all inspections are conducted in accordance with regulations

42(b)

E

25.

Licensee failing to allow Registrar or authorized person to inspect equipment, premises and materials used for inspections

42(c)

B

26.

Licensee failing to notify Registrar 14 days before ownership of official testing station changes or before operation of official testing station is suspended or terminated (specify)

42(d)

A

27.

Licensee failing to notify Registrar 5 business days before start date or end date (specify) of tester’s employment with licensee

42(e)

A

28.

Licensee failing to maintain record of inspection conducted at official testing station for 3 years following inspection date

42(f)

E

29.

Licensee failing to promptly provide inspection records or relevant information requested by Registrar or by peace officer (specify)

42(g)

B

30.

Licensee failing to display all signs and licenses issued to licensee in manner required by Registrar

42(h)

A

31.

Licensee failing to notify Registrar in writing of names of persons authorized by licensee to buy inspection stickers and inspection certificates on behalf of licensee

42(i)

A

32.

Licensee failing to take all necessary precautions to safeguard inspection stickers and inspection certificates from loss or theft

42(j)

E

33.

Licensee failing to immediately forward Department’s copy of issued certificates to Department

42(k)(i)

B

34.

Licensee failing to immediately forward voided inspection stickers or voided inspection certificates (specify) to Department

42(k)(ii)

C

35.

Licensee failing to report lost or stolen inspection stickers or certificates to Registrar 2 business days after date licensee became aware of loss or theft

42(1)

E

36.

Licensee failing to report stolen inspection stickers or certificates to local police authorities 2 business days after date licensee became aware of theft

42(l)

E

Number Plates Regulations

1.

Failing to display single license plate at

rear of passenger or light commercial motor vehicle, for

first or second offence

third or subsequent offence

 2(1)

$138.96

$167.71

2.

Failing to display single license plate at

front of heavy commercial motor vehicle, for

first or second offence

third or subsequent offence

 2(2)

$138.96

$167.71

3.

Failing to display single personalized license plate at rear of motor vehicle, for

first or second offence

third or subsequent offence

 2(3)

$138.96

$167.71

4.

Failing to display license plates at both front and rear of vehicle, for

first or second offence

third or subsequent offence

2(4)

$138.96

$167.71

Regulations Respecting the Use of Metal Studded Tires (RRMST)

1.

Using studded tires between May 1 and October 14

1

$138.96

2.

Using studs protruding more than .3175 cm from surface of tire

1(a)

$138.96

3.

Using stud with diameter exceeding 1.27 cm

1(b)

$138.96

4.

Using more than 130 studs on tire of vehicle with weight of less than 4536 kg

1(c)

$138.96

5.

Using more than 175 studs on tire of vehicle with weight of 4536 kg or more

1(c)

$138.96

6.

Number of studs on left tire not equal to number of studs on right tire

1(d)

$138.96

7.

Using tires with studs not securely and safely embedded

1(e)

$138.96

Securing of Loads on Vehicles Regulations

1.

Consignor of goods, agent or employee failing to secure load, for

             first offence

             second offence

third or subsequent offence

1

$127.46

$138.96

$167.71

2.

Owner, operator or lessee failing to provide load securing devices or post requirements of regulations (specify), for

             first offence

             second offence

third or subsequent offence

2

$127.46

$138.96

$167.71

3.

Carrier, agent or employee failing to inspect and maintain security of the load, for

             first offence

             second offence

third or subsequent offence

3

$127.46

$138.96

$167.71

Weights and Dimensions of Vehicles Regulations (WDVR)

+ Refer to excess weight penalties table at the end of this Schedule

1.

3(1)

B

2.

Operating or causing to be operated vehicle with lift axle without special permit

3(4)

B

3.

Operating or causing to be operated vehicle with overall width greater than 2.6 m

4(1)(a)

B

4.

Operating or causing to be operated vehicle with mirrors extending more than 300 mm on each side

4(1)(b)

B

5.

Operating or causing to be operated vehicle with auxiliary equipment extending more than 100 mm on each side

4(1)(c)

B

6.

Operating or causing to be operated vehicle with overall height greater than 4.15 m

4(1)(d)

B

7.

Operating or causing to be operated vehicle with overall length greater than 12.5 m

4(1)(e)

B

8.

Operating or causing to be operated vehicle with front overhang greater than 1.0 m

4(1)(f)

B

9.

Operating or causing to be operated vehicle with rear overhang greater than 1.0 m without flag

4(1)(g)

B

10.

Operating or causing to be operated vehicle with rear overhang greater than 2.0 m

4(1)(h)

B

11.

Operating or causing to be operated vehicle with spreads, spacings or dimensions not in accordance with Schedule A

4(2)

B

12.

Passenger vehicle with load extending beyond line of fenders on left side or extending more than 150 mm beyond line of fenders on right side

4(4)

B

13.

Propelling or moving implement of husbandry with width exceeding 2.6 m without slow moving vehicle sign, fluorescent flags or flashing lights at extremities and warning light

4(6)

B

14.

Moving implement of husbandry with width exceeding 2.6 m with motor vehicle not equipped with warning light

4(6A)

B

15.

Propelling or moving implement of husbandry with width greater than 4.27 m without being preceded by pilot vehicle equipped with D-sign and warning light mounted on top

4(6B)

B

16.

5(1)(a)

B+

17.

5(1)(b)

B+

18.

19.

20.

5(1)(c)(iii)

(A)

21.

Operating or causing to be operated vehicle with steering axle weight in excess of 9100 kg for 2 tires

5(1)(c)(iii)

(B)

22.

Operating or causing to be operated vehicle with non-steering axle weight in excess of 6000 kg for 2 tires

5(1)(c)(iii)

(C)

23.

Operating or causing to be operated vehicle with tires greater than 445 mm in width with non-steering axle weight in excess of 7700 kg

5(1)(c)(iii)

(D)

24.

Operating or causing to be operated vehicle with weight in excess of maximum axle weight limit in Schedule A

5(1)(d)

25.

Operating or causing to be operated vehicle with adjacent axles in group that vary by more than 1000 kg

5(1)(e)

26.

Operating or causing to be operated vehicle with weight in excess of 4500 kg on axle of assembly that is not an axle group

5(1)(f)

27.

Operating or causing to be operated vehicle with gross vehicle weight in excess of manufacturer’s gross vehicle weight rating

5(1)(g)

28.

Operating or causing to be operated vehicle with gross vehicle weight in excess of maximum gross vehicle weight limits in Schedule A for class of highway

5(1)(h)

29.

Moving or causing to be moved object other than motor vehicle with weight in excess of 9100 kg

5(2)

30.

Operating or causing to be operated vehicle with solid tires with weight in excess of allowable weight

5(3)

31.

Operating or causing to be operated vehicle with wheel weight in excess of 55% of weight prescribed for axle

5(4)

32.

Operating out-of-Province vehicle with weight in excess of weight limits in Schedule A

6(6)

33.

Driving or causing to be driven vehicle with weight in excess of maximum weight posted on sign

9(3)

34.

Operating or causing to be operated combination of vehicles with a combined weight in excess of weight on permit for 1 vehicle in the combination

10(1)

35.

Operating or causing to be operated vehicle or combination of vehicles in excess of 1500 kg without permit

10(2)

36.

Operating or causing to be operated vehicle not conforming with special permit

11(9)

B+

Operating or causing to be operated truck or truck tractor with weight in excess of 3000 kg on Trunk 4 between Exits 7 and 11 of Highway 104

13(1)

F

Operating or causing to be operated A-train double on highway other than maximum weight road

14(1)(a)

F

Operating or causing to be operated B-train double on highway other than B-train route or maximum weight road

14(1)(b)

F

Operating or causing to be operated C-train double on highway other than maximum weight road

14(1)(c)

F

Violating any provision of the regulations for which no other penalty is provided (specify)

14(2)

B

Excess Weight Penalties Table

+ Add an excess weight penalty to out of court settlement as follows:

Excess Weight in Kilograms

Amount to be added to Out of Court Settlement

Excess Weight in Kilograms

Amount to be added to Out of Court Settlement

Clause 191(2)(a) of the Motor Vehicle Act

50

$18.50

1300

$44.25

100

$18.50

1350

$45.75

150

$18.50

1400

$47.25

200

$18.50

1450

$48.50

250

$18.50

1500

$50.00

300

$18.50

1550

$51.50

350

$18.50

1600

$53.00

400

$18.50

1650

$54.25

450

$19.75

1700

$55.75

500

$21.25

1750

$57.25

550

$22.75

1800

$48.75

600

$24.25

1850

$60.00

650

$25.50

1900

$61.50

700

$27.00

1950

$63.00

750

$28.50

2000

$64.50

800

$30.00

2050

$65.75

850

$31.25

2100

$67.25

900

$32.75

2150

$68.75

950

$34.25

2200

$70.25

1000

$35.75

2250

$71.50

1050

$37.00

2300

$73.00

1100

$38.50

2350

$74.50

1150

$40.00

2400

$76.00

1200

$41.50

2450

$77.25

1250

$42.75

2500

$78.75

Clause 191(2)(b) of the Motor Vehicle Act

2550

$81.75

3800

$153.50

2600

$84.50

3850

$156.50

2650

$87.50

3900

$159.25

2700

$90.25

3950

$162.25

2750

$93.25

4000

$165.00

2800

$96.00

4050

$168.00

2850

$99.00

4100

$170.75

2900

$101.75

4150

$173.75

2950

$104.75

4200

$176.50

3000

$107.50

4250

$179.50

3050

$110.50

4300

$182.25

3100

$113.25

4350

$185.25

3150

$116.25

4400

$188.00

3200

$119.00

4450

$191.00

3250

$122.00

4500

$193.75

3300

$124.25

4550

$196.75

3350

$127.75

4600

$199.50

3400

$130.50

4650

$202.50

3450

$133.50

4700

$205.25

3500

$136.25

4750

$208.25

3550

$139.25

4800

$211.00

3600

$142.00

4850

$214.00

3650

$145.00

4900

$216.75

3700

$147.75

4950

$219.75

3750

$150.75

5000

$222.50

Clause 191(2)(c) of the Motor Vehicle Act

5050

$226.75

6300

$334.75

5100

$231.25

6350

$339.00

5150

$235.50

6400

$343.25

5200

$239.75

6450

$347.50

5250

$244.00

6500

$352.00

5300

$248.50

6550

$356.25

5350

$252.75

6600

$360.50

5400

$257.00

6650

$364.75

5450

$261.25

6700

$369.25

5500

$265.75

6750

$373.50

5550

$270.00

6800

$377.75

5600

$274.25

6850

$382.00

5650

$278.50

6900

$386.50

5700

$283.00

6950

$390.75

5750

$287.25

7000

$395.00

5800

$291.50

7050

$399.25

5850

$295.75

7100

$403.75

5900

$300.25

7150

$408.00

5950

$304.50

7200

$412.25

6000

$308.75

7250

$416.50

6050

$313.00

7300

$421.00

6100

$317.50

7350

$425.25

6150

$321.75

7400

$429.50

6200

$326.00

7450

$433.75

6250

$330.25

7500

$438.25

Clause 191(2)(d) of the Motor Vehicle Act

7550

$449.75

8800

$737.25

7600

$461.25

8850

$748.75

7650

$472.75

8900

$760.25

7700

$484.25

8950

$771.75

7750

$495.75

9000

$783.25

7800

$507.25

9050

$794.75

7850

$518.75

9100

$806.25

7900

$530.25

9150

$817.75

7950

$541.75

9200

$829.25

8000

$553.25

9250

$840.75

8050

$564.75

9300

$852.25

8100

$576.25

9350

$863.75

8150

$587.75

9400

$875.25

8200

$599.25

9450

$886.75

8250

$610.75

9500

$898.25

8300

$622.25

9550

$909.75

8350

$633.75

9600

$921.25

8400

$645.25

9650

$932.75

8450

$656.75

9700

$944.25

8500

$668.25

9750

$955.75

8550

$679.75

9800

$967.25

8600

$691.25

9850

$978.75

8650

$702.75

9900

$990.25

8700

$714.25

9950

$1,001.75

8750

$725.75

10 000

$1,013.25

+ $11.50/50 kg in excess of 10 000 kg