(Consolidated up to 212/2005)

ALBERTA REGULATION 115/2003

Traffic Safety Act

CONSEQUENTIAL AMENDMENTS AND
TRANSITIONAL MATTERS REGULATION

Offences

1   A person who contravenes any of the following provisions is guilty of an offence:

                                 (a)    the Bus Safety Regulation (AR 235/82), sections 4, 7, 8(3), 12(2), 13(1), 14(1), (2), (3), and (5), 16(2), 18, 19(1) and (2), 20, 21(1) and (2), 22, 22.1(4), (5) and (6) and 23(2);

                                 (b)    the Commercial Bus Inspection, Equipment and Safety Regulation (AR 428/91), sections 3(1), (2) and (3), 4, 9(4), 11, 12(1) and (2), 13 to 19, 21 to 24, 26, 30(1) and (2), 31(1) and (3), 33(2), 39(2) and 40(1) and (2);

                                 (c)    the Commercial Vehicle Maintenance Standards Regulation (AR 118/89), sections 2 to 4, 5(1) and (2) and 6 to 10;

                                 (d)    the Driveaway and Towaway Regulation (AR 427/86), sections 2 to 5, 6(1) and (2), 7 to 11, 12(1) and (2) and 13 to 20;

                                 (e)    the Log Haul Regulation (AR 431/86), sections 2, 4, 6(1), (2) and (4) and 10(2);

                                  (f)    the Commercial Vehicle General Equipment and Safety Regulation (AR 435/86), sections 1(2) and (3), 2(2), (2.1) and (3), 3(2)(a), (b), (3)(c), (d), 4(1), (5) and (6), 5, 7, 7.1, 15(1), 16(1), 18, 19(1) and (2) and 20(3);

                                 (g)    the School Bus Operation Regulation (AR 437/86), sections 3(1), 4, 5(1), 5.1(3), 6, 7(2), 8(1), 9, 10, 13, 14(1) and (2), 15(1) and (2), 16(1) and (2), 17(1) and (2) and 18 to 20;

                                 (h)    the Transportation of Anhydrous Ammonia and Other Fertilizers Regulation (AR 436/86), sections 2(1) and (2), 3, 3.1(a), 5(1) to (4), 6(1) and (2), 7(1) to (4), 8 to 10 and 12 to 14;

                                  (i)    the Commercial Vehicle Inspection Regulation (AR 414/91), sections 3(1), (1.1) and (2).

AR 115/2003 s1;248/2003;1/2005;212/2005

Amends AR 235/82

2(1) This section amends the Bus Safety Regulation (AR 235/82).

(2)  Section 1(a) and (e) are repealed.

(3)  “Director” is struck out wherever it occurs and “Registrar” is substituted.

(4)  In section 23(1),

                                 (a)    “Minister” is struck out and “Registrar” is substituted;

                                 (b)    “under this Act” is struck out.

(5)  Section 1(2)(k) of Schedule 3 is amended by striking out “Motor Vehicle Administration Act” and substituting “Traffic Safety Act”.

Amends AR 428/91

3(1)  This section amends the Commercial Bus Inspection, Equipment and Safety Regulation (AR 428/91).

(2)  Section 1 is amended

                                 (a)    by repealing clause (a) and substituting the following:

                                          (a)    “Act” means the Traffic Safety Act;

                                 (b)    by repealing clause (d);

                                 (c)    in clause (o) by striking out “Part 3 of”.

(3)  Section 3(1)(a)(ii) and (b)(ii) are amended by striking out “the Highway Traffic Act” and substituting “the Act”.

(4)  Sections 4(4), 13(b) and 16(3)(b) are amended by striking out “Board” and substituting “Registrar”.

(5)  Section 20 is amended by striking out “Public” and substituting “Commercial”.

(6)  Section 23 is amended by striking out “Highway Traffic Act” and substituting “Traffic Safety Act”.

(7)  “Director” is struck out wherever it occurs and “Registrar” is substituted.

Amends AR 414/91

4(1)  This section amends the Commercial Vehicle Inspection Regulation (AR 414/91).

(2)  Section 1 is amended

                                 (a)    by repealing clause (a) and substituting the following:

                                          (a)    “Act” means the Traffic Safety Act;

                                 (b)    in clause (b)(ii) by striking out “Public Vehicle Dimension Regulation (AR 229/88)” and substituting “Commercial Vehicle Dimension and Weight Regulation (AR 315/2002)”;

                                 (c)    by repealing clause (c);

                                 (d)    in clause (j) by striking out “Motor Vehicle Administration Act” and substituting “Act and the regulations under the Act”.

(3)  “Director” is struck out wherever it occurs and “Registrar” is substituted.

Amends AR 118/89

5(1)  This section amends the Commercial Vehicle Maintenance Standards Regulation (AR 118/89).

(2)  Section 1(1) is amended

                                 (a)    by repealing clause (a) and substituting the following:

                                          (a)    “Act” means the Traffic Safety Act;

                                 (b)    by repealing clause (b).

(3)  Section 2 is repealed and the following is substituted:

Standards

2   No person shall operate a commercial vehicle unless it meets the requirements prescribed under the Act, this Regulation and the Vehicle Equipment Regulation (AR 322/2002).

(4)  “Board” is struck out wherever it occurs and “Registrar” is substituted.

(5)  Section 1 of the Schedule is repealed and the following is substituted:

Definition

1   In this Schedule, “inspector” means

                                          (a)    the Registrar, or

                                          (b)    a peace officer.

(6)  Section 6(3)(a) of the Schedule is amended by striking out “Highway Traffic Act” and substituting “Act”.

Amends AR 427/86

6(1)  This section amends the Driveaway and Towaway Regulation (AR 427/86).

(2)  Section 1(2)(a) is amended by striking out “Public Vehicle Classification, Fees and Permit Regulation (Alta. Reg. 17/87)” and substituting “Operator Licensing and Vehicle Control Regulation (AR 320/2002)”.

(3)  Section 2(2)(a) is repealed and the following is substituted:

                                 (a)    complies with the applicable terms and conditions set out in the Commercial Vehicle Certificate and Insurance Regulation (AR 314/2002), and

Amends AR 431/86

7(1)  This section amends the Log Haul Regulation (AR 431/86).

(2)  Section 3 is amended by striking out “Public Vehicle Weight Regulation (Alta. Reg. 438/86) and the Public Vehicle Dimension Regulation (Alta. Reg. 434/86)” and substituting “Commercial Vehicle Dimension and Weight Regulation (AR 315/2002)”.

(3)  Section 6 is amended

                                 (a)    in subsection (3) by striking out “Section 27 of the Highway Traffic Act” and substituting “Section 16 of the Vehicle Equipment Regulation (AR 322/2002)”;

                                 (b)    in subsection (5) by striking out “Highway Traffic Act” and substituting “Traffic Safety Act and the regulations under that Act”.

(4)  Section 8 is repealed and the following is substituted:

Exemption

8   The Commercial Vehicle Dimension and Weight Regulation (AR 315/2002) does not apply on a licence of occupation road to a vehicle that is used to carry logs.

(5)  Section 9 is amended by striking out “the Highway Traffic Act, the regulations under that Act or the regulations under the Motor Transport Act” and substituting “the Traffic Safety Act or the regulations under that Act”.

Amends AR 435/86

8(1)  This section amends the Public Vehicle General Equipment and Safety Regulation (AR 435/86).

(2)  The title of the Regulation is amended by striking out “PUBLIC” and substituting “COMMERCIAL”.

(3)  Section 3(3)(c) and (d) are amended by striking out “Act or the Highway Traffic Act” and substituting “Traffic Safety Act and the regulations under that Act”.

(4)  Section 6 is amended by striking out ”the Highway Traffic Act” and substituting “Traffic Safety Act” and by striking out “Public Vehicle Weight Regulation (Alta. Reg. 438/86)” and substituting “Commercial Vehicle Dimension and Weight Regulation (AR 315/2002)”.

(5)  Section 7(2)(h)(iii) is amended by striking out “Motor Vehicle Administration Act” and substituting “Traffic Safety Act”.

(6)  Section 15(1) is amended by striking out “Highway Traffic Act” and substituting “Traffic Safety Act”.

(7)  Section 19(2)(f)(i) is amended by striking out “Highway Traffic Act” and substituting “Traffic Safety Act”.

(8)  Sections 1(2), 2(2) and (2.1), 3(2) and (3), 4(1), (5) and (6), 5, 7(1), 7.1(1), 8, 9, 10(1) and (2), 11, 12, 14 and 15(1) and (2) are amended by striking out “public” wherever it occurs and substituting “commercial”.

Amends AR 437/86

9(1)  This section amends the School Bus Operation Regulation (AR 437/86).

(2)  Section 3(1)(b) is amended by striking out “Board” and substituting “Registrar”.

(3)  Section 4 is repealed and the following is substituted:

Vehicle to comply with standards

4   No person shall operate a school bus unless the school bus complies with the requirements of the Traffic Safety Act and the regulations under that Act, subject to any exemption set out in a special permit issued under section 62 of the Traffic Safety Act.

(4)  Section 5 is amended

                                 (a)    in subsection (1)(d)(ii) by striking out “Highway Traffic Act” and substituting “Traffic Safety Act and the regulations under that Act”;

                                 (b)    in subsection (2) by striking out “section 20 of the Motor Transport Act” and substituting “section 62 of the Traffic Safety Act”.

(5)  Section 5.1(2) is amended by striking out “Board” wherever it occurs and substituting “Registrar”.

(6)  Section 6(b) is repealed and the following is substituted:

                                 (b)    remove, cover and render totally inoperable the alternately flashing lights referred to in sections 72 and 73 of the Use of Highway and Rules of the Road Regulation (AR 304/2002) and section 31 of the Vehicle Equipment Regulation (AR 322/2002).

(7)  Section 8 is repealed and the following is substituted:

Alteration of school bus

8(1)  No person shall change, reconstruct or modify the body or seating capacity of a school bus without the written approval of the Registrar.

(2)  The Registrar shall not give the approval referred to in subsection (1) unless the proposed change, reconstruction or modification is recommended as being safe by the Director of Vehicle Safety of the Transportation Safety Services Division of the Department of Transportation.

Amends AR 436/86

10(1)  This section amends the Transportation of Anhydrous Ammonia and Other Fertilizers Regulation (AR 436/86).

(2)  Section 5 is amended

                                 (a)    in subsection (1) by striking out “Public Vehicle General Equipment and Safety Regulation (Alta. Reg. 435/86)” and substituting “Vehicle Equipment Regulation (AR 322/2002)”;

                                 (b)    in subsection (4)(d) by striking out “Highway Traffic Act” and substituting “Traffic Safety Act and the regulations under that Act”.

(3)  Section 6(1) is amended

                                 (a)    in clause (a) by striking out “Highway Traffic Act” and substituting “Traffic Safety Act and the regulations under that Act”;

                                 (b)    by repealing clause (c) and substituting the following:

                                          (c)    adequate brakes that comply with the requirements of the Traffic Safety Act and the regulations under that Act.

(4)  Section 7(4)(d) is amended by striking out “Highway Traffic Act” and substituting “Traffic Safety Act and the regulations under that Act”.

(5)  Sections 5(1), 7(1) and 8(b) are amended by striking out “Public” and substituting “Commercial”.

Amends AR 322/2002

11   The Vehicle Equipment Regulation (AR 322/2002) is amended in section 85 by adding the following after subsection (4).

(5)  A certificate under section 8 of the Seat Belt Regulation (AR 258/87) that is in effect on the coming into force of this section is considered to be a letter under this section, and expires on the earlier of the expiry date specified in the certificate or May 19, 2004.

Interpretation Act applies

12   To avoid doubt, section 36(1) of the Interpretation Act applies to the application and interpretation of the regulations amended by this Regulation. except where Part 9 of the Traffic Safety Act provides to the contrary.

Coming into force

13   This Regulation comes into force on the date on which Parts 1 and 2 of the Traffic Safety Act come into force.