HIGHWAY TRAFFIC ACT - O. Reg. 398/16

Français

ontario regulation 398/16

made under the

Highway Traffic Act

Made: November 16, 2016
Filed: November 29, 2016
Published on e-Laws: November 29, 2016
Printed in The Ontario Gazette: December 17, 2016

Road-Building Machines

Definitions

1.In this Regulation,

“excavator” means a vehicle whose primary function is to excavate material; (“excavatrice”)

“low-speed street sweeper” means a street sweeper that is not capable of travelling at a speed greater than 60 kilometres per hour; (“balayeuse de voirie à basse vitesse”)

“mobile equipment vehicle”means the following vehicles:

1.A mobile crane that is not built on a truck chassis, but not an off-road mobile crane.

2.An excavatorthat is not built on a truck chassis, but not an off-road excavator.

3.A street sweeperthat is not built on a truck chassis, but not a low-speed street sweeper; (“véhicule de matériel mobile”)

“off-road excavator” means an excavator that,

(a)is not capable of travelling at a speed greater than 60 kilometres per hour, and

(b)is not operated on a highway other than,

(i)for the purposes of crossing the highway, or

(ii)in the immediate vicinity of the construction site at which the excavator is being used; (“excavatrice tout-terrain”)

“off-road mobile crane” means a mobile crane that,

(a)is not capable of travelling at a speed greater than 60 kilometres per hour, and

(b)is not operated on a highway other than,

(i)for the purposes of crossing the highway, or

(ii)in the immediate vicinity of the construction site at which the crane is being used; (“grue mobile tout-terrain”)

“rock truck” means a vehicle that meets the following criteria:

1.The vehicle’s primary function is to move material at a construction site.

2.The vehicle is classified as a “work vehicle” under the Motor Vehicle Safety Act (Canada) and the regulations made under it.

3.The vehicle is not operated on a highway other than in the immediate vicinity of the construction site at which the rock truck is being used; (“camion à pierre”)

“street sweeper” means a vehicle whose primary function is to clean or sweep roadways with a power brush or broom or by means of vacuum and to store collected debris in a mounted storage container.(“balayeuse de voirie”)

Road-building machines

2.(1)For the purpose of the definition of “road-building machine” in subsection 1 (1) of the Act, the following classes of vehicles are prescribed as road-building machines:

1.Pavement spreaders, pavers, profilers and finishing machines.

2.Graders.

3.Rollers and compactors.

4.Bulldozers.

5.Scrapers.

6.Loaders.

7.Tracked and wheeled tractors, other than truck tractors, while equipped with any of the following attachments:

i.Mowers.

ii.Augers or drills.

iii.Compactors.

iv.Spraying equipment.

v.Snow blowers or snow plows.

vi.Buckets or shovels.

8.Rock trucks.

9.Off-road mobile cranes.

10.Off-road excavators.

11.Low-speed street sweepers.

(2)Despite subsection (1), vehicles that belong to any of the following classes or that have any of the following features or equipment are not road-building machines:

1.Mobile equipment vehicles.

2.Vehicles constructed on a truck chassis.

3.Vehicles for which a compliance label or manufacturer’s information label is issued under the Motor Vehicle Safety Regulationsmade under the Motor Vehicle Safety Act(Canada) identifying the vehicle as a truck,a multi-purpose passenger vehicle or an incomplete vehicle.

4.Vehicles from a jurisdiction outside Canada, for which a label is issued that is comparable to a label described in paragraph 3.

Prohibition on loads

3.No person shall drive or permit the operation of a road-building machine on a highway if the road-building machine carries a load, or draws a vehicle that carries a load,unless,

(a)the load is essential to the road-building machine’s primary highway construction or maintenance function; and

(b)the vehicle carrying the load, if any,is being used for highway construction or maintenance.

Commencement

4.This Regulation comes into force on the later of the day section 7 of Schedule 12 to the Jobs for Today and Tomorrow Act (Budget Measures), 2016 comes into force and the day this Regulation is filed.

Français