Acts and Regulations

M-17 - Motor Vehicle Act

Full text
Brakes
233(1)Every motor vehicle, other than a bus, a commercial vehicle, a motorcycle or a motor driven cycle, when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and hold such vehicle, including two separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two wheels, and if the two separate means of applying the brakes are connected in any way, they shall be so constructed that failure of any one part of the operating mechanism shall not leave the motor vehicle without adequate and effective brakes on at least two wheels.
233(1.1)Every bus and every commercial vehicle, when operated upon a highway, shall be equipped with brakes adequate to control the movement of and to stop and hold the bus or commercial vehicle, including two separate means of applying the brakes, each of which means shall be effective to apply the brakes to all the wheels on every axle of the bus or commercial vehicle, and if the two separate means of applying the brakes are connected in any way, they shall be so constructed that failure of any one part of the operating mechanism shall not leave the bus or commercial vehicle without adequate and effective brakes on all the wheels on every axle of the bus or commercial vehicle.
233(1.2)Subsection (1.1) does not apply to buses and commercial vehicles that were not manufactured with brakes on all the wheels on every axle.
233(2)Every motorcycle and every motor-driven cycle, when operated upon a highway, shall be equipped with at least one brake which may be operated by either hand or foot.
233(3)Every trailer or semi-trailer of a gross mass of one and one-half tonnes or more when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and to hold such vehicle and so designed as to be applied by the driver of the towing motor vehicle from its cab in the case of every trailer or semi-trailer equipped with air brakes, and the brakes shall be so designed and connected that in case of an accidental break-away of the towed vehicle the brakes shall be automatically applied.
233(4)Every new motor vehicle, trailer, or semi-trailer hereafter sold in this Province and operated upon the highways shall be equipped with service brakes except that any semi-trailer or trailer of less than 1.5 tonnes gross mass need not be equipped with brakes.
233(5)In any combination of motor-driven vehicles in which a trailer equipped with brakes is included, such brakes shall be so designed that the brakes of the rearmost trailer may be applied in approximate synchronism with the brakes on the towing vehicle and so that the brakes on the trailer develop the required braking effort on the rearmost wheels at the fastest rate; or shall be so designed that the braking effort applies first on the rearmost trailer equipped with brakes; or shall be designed to include both of the above systems so installed as to be capable of being used alternatively.
233(6)One of the means of brake operation shall consist of a mechanical connection from the operating lever to the brake shoes or bands and this brake shall be capable of holding the vehicle, or combination of vehicles, stationary under any condition of loading on any upgrade or down grade upon which it is operated.
233(7)The brake shoes operating within or upon the drums on the vehicle wheels of any motor vehicle may be used for both service and hand operation.
233(8)Every motor vehicle or combination of motor-drawn vehicles shall be equipped with service (foot) brakes adequate and effective under all conditions of travelling, and on one application thereof while travelling on a dry, smooth, level roadway, free from loose material,
(a) at a speed of thirty kilometres per hour, to stop the vehicle or combination of vehicles within ten metres when all wheels thereof are equipped with such brakes, and otherwise within twelve metres, and
(b) to decelerate the vehicle or combination of vehicles at a sustained rate of four hundred twenty-six centimetres per second when all wheels thereof are equipped with such brakes and otherwise at a sustained rate of three hundred twenty-six centimetres per second.
233(9)All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle.
1955, c.13, s.208; 1960, c.53, s.40; 1961-62, c.62, s.81; 1977, c.M-11.1, s.17; 1978, c.38, s.6; 1978, c.39, s.11; 1998, c.30, s.17