Acts and Regulations

M-17 - Motor Vehicle Act

Full text
Special permit
261(1)A local authority may, in its discretion, with respect to a highway under its jurisdiction and that it maintains and the Minister of Transportation and Infrastructure may, in his or her discretion, with respect to a provincial highway, issue, upon application, a special permit in writing authorizing the applicant to operate or move a vehicle or combination of vehicles on the highway
(a) of any size, with or without load, exceeding the maximum specified in this Act or the regulations,
(b) of a gross mass or a mass per axle or combination of axles exceeding the maximum specified in this Act or the regulations,
(c) that is not a type of vehicle or a configuration for a type of vehicle specifically prescribed by regulation, or
(d) that is otherwise not in conformity with this Act.
261(2)The application referred to in subsection (1) shall be made in the form and manner and contain the information that the Minister of Transportation and Infrastructure or the local authority, as the case may be, considers necessary.
261(3)The Minister of Transportation and Infrastructure or local authority is authorized to issue or withhold such permit at his or its discretion; or, if such permit is issued, to limit the number of trips, or to establish seasonal or other time limitations within which the vehicles described may be operated on the highways indicated, or otherwise to limit or prescribe conditions of operation of the vehicle or vehicles, when necessary to ensure against undue damage to the road foundations, surfaces, or structures, and may require such undertaking or other security as may be deemed necessary to compensate for any injury to any roadway or road structure.
261(3.1)Where a permit is issued under this section, the Minister of Transportation and Infrastructure or local authority issuing the permit may require for safety, as terms and conditions of the permit in addition to any terms or conditions imposed under subsection (3), the use of escort vehicles, flags, flashing lights, signs relating to excessive size, mass or load, or any other measures he or it considers necessary.
261(4)Every such permit shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by any peace officer or authorized agent of any authority granting such permit, and no person shall violate any of the terms or conditions of that special permit imposed under subsection (3) or (3.1).
261(4.1)No person shall drive or move and no owner shall cause or permit to be driven or moved on a highway a vehicle or combination of vehicles bearing or displaying any sign, flashing light, flag or other measure relating to the excessive size, mass or load of the vehicle or combination of vehicles unless the vehicle or combination thereof is being driven or moved under the authority of a permit issued under this section and the sign, flashing light, flag or other measure is required as a term or condition of the permit.
261(4.2)A person to whom a permit is issued under this section with respect to provincial highways shall pay any fee that may be prescribed for the permit by regulations made under subsection (4.3).
261(4.3)The Lieutenant-Governor in Council may make regulations respecting fees for permits issued under this section with respect to provincial highways.
261(5)For the purposes of this section the Minister of Transportation and Infrastructure may designate a person to act on his behalf.
261(6)Repealed: 1997, c.62, s.14
1955, c.13, s.235; 1977, c.M-11.1, s.17; 1978, c.D-11.2, s.26; 1979, c.43, s.9; 1980, c.34, s.12; 1985, c.34, s.22; 1988, c.66, s.11; 1990, c.8, s.3; 1995, c.N-5.11, s.44; 1997, c.62, s.14; 1998, c.46, s.4; 2006, c.13, s.23; 2008, c.27, s.1; 2010, c.31, s.85
Maximum mass
261(1)A local authority may, in its discretion, with respect to a highway under its jurisdiction and that it maintains and the Minister of Transportation may, in his or her discretion, with respect to a provincial highway, issue, upon application, a special permit in writing authorizing the applicant to operate or move a vehicle or combination of vehicles on the highway
(a) of any size, with or without load, exceeding the maximum specified in this Act or the regulations,
(b) of a gross mass or a mass per axle or combination of axles exceeding the maximum specified in this Act or the regulations,
(c) that is not a type of vehicle or a configuration for a type of vehicle specifically prescribed by regulation, or
(d) that is otherwise not in conformity with this Act.
261(2)The application referred to in subsection (1) shall be made in the form and manner and contain the information that the Minister of Transportation or the local authority, as the case may be, considers necessary.
261(3)The Minister of Transportation or local authority is authorized to issue or withhold such permit at his or its discretion; or, if such permit is issued, to limit the number of trips, or to establish seasonal or other time limitations within which the vehicles described may be operated on the highways indicated, or otherwise to limit or prescribe conditions of operation of the vehicle or vehicles, when necessary to ensure against undue damage to the road foundations, surfaces, or structures, and may require such undertaking or other security as may be deemed necessary to compensate for any injury to any roadway or road structure.
261(3.1)Where a permit is issued under this section, the Minister of Transportation or local authority issuing the permit may require for safety, as terms and conditions of the permit in addition to any terms or conditions imposed under subsection (3), the use of escort vehicles, flags, flashing lights, signs relating to excessive size, mass or load, or any other measures he or it considers necessary.
261(4)Every such permit shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by any peace officer or authorized agent of any authority granting such permit, and no person shall violate any of the terms or conditions of that special permit imposed under subsection (3) or (3.1).
261(4.1)No person shall drive or move and no owner shall cause or permit to be driven or moved on a highway a vehicle or combination of vehicles bearing or displaying any sign, flashing light, flag or other measure relating to the excessive size, mass or load of the vehicle or combination of vehicles unless the vehicle or combination thereof is being driven or moved under the authority of a permit issued under this section and the sign, flashing light, flag or other measure is required as a term or condition of the permit.
261(4.2)A person to whom a permit is issued under this section with respect to provincial highways shall pay any fee that may be prescribed for the permit by regulations made under subsection (4.3).
261(4.3)The Lieutenant-Governor in Council may make regulations respecting fees for permits issued under this section with respect to provincial highways.
261(5)For the purposes of this section the Minister of Transportation may designate a person to act on his behalf.
261(6)Repealed: 1997, c.62, s.14
1955, c.13, s.235; 1977, c.M-11.1, s.17; 1978, c.D-11.2, s.26; 1979, c.43, s.9; 1980, c.34, s.12; 1985, c.34, s.22; 1988, c.66, s.11; 1990, c.8, s.3; 1995, c.N-5.11, s.44; 1997, c.62, s.14; 1998, c.46, s.4; 2006, c.13, s.23; 2008, c.27, s.1
Maximum mass
261(1)The Minister of Transportation with respect to provincial highways and local authorities with respect to highways under their jurisdiction may in their discretion, upon application and good cause being shown therefor, issue a special permit in writing authorizing the applicant to operate or move a vehicle or combination of vehicles of a size, with or without load, a gross mass or a mass per axle or combination of axles exceeding the maximum specified in this Act or the regulations or otherwise not in conformity with this Act upon any highway under the jurisdiction of the party granting such permit and for the maintenance of which such party is responsible.
261(2)The application for any such permit shall specifically describe the vehicle or vehicles and load to be operated or moved and the particular highways for which the permit to operate is requested, and whether the permit is requested for a single trip or for continuous operation.
261(3)The Minister of Transportation or local authority is authorized to issue or withhold such permit at his or its discretion; or, if such permit is issued, to limit the number of trips, or to establish seasonal or other time limitations within which the vehicles described may be operated on the highways indicated, or otherwise to limit or prescribe conditions of operation of the vehicle or vehicles, when necessary to ensure against undue damage to the road foundations, surfaces, or structures, and may require such undertaking or other security as may be deemed necessary to compensate for any injury to any roadway or road structure.
261(3.1)Where a permit is issued under this section, the Minister of Transportation or local authority issuing the permit may require for safety, as terms and conditions of the permit in addition to any terms or conditions imposed under subsection (3), the use of escort vehicles, flags, flashing lights, signs relating to excessive size, mass or load, or any other measures he or it considers necessary.
261(4)Every such permit shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by any peace officer or authorized agent of any authority granting such permit, and no person shall violate any of the terms or conditions of that special permit imposed under subsection (3) or (3.1).
261(4.1)No person shall drive or move and no owner shall cause or permit to be driven or moved on a highway a vehicle or combination of vehicles bearing or displaying any sign, flashing light, flag or other measure relating to the excessive size, mass or load of the vehicle or combination of vehicles unless the vehicle or combination thereof is being driven or moved under the authority of a permit issued under this section and the sign, flashing light, flag or other measure is required as a term or condition of the permit.
261(4.2)A person to whom a permit is issued under this section with respect to provincial highways shall pay any fee that may be prescribed for the permit by regulations made under subsection (4.3).
261(4.3)The Lieutenant-Governor in Council may make regulations respecting fees for permits issued under this section with respect to provincial highways.
261(5)For the purposes of this section the Minister of Transportation may designate a person to act on his behalf.
261(6)Repealed: 1997, c.62, s.14
1955, c.13, s.235; 1977, c.M-11.1, s.17; 1978, c.D-11.2, s.26; 1979, c.43, s.9; 1980, c.34, s.12; 1985, c.34, s.22; 1988, c.66, s.11; 1990, c.8, s.3; 1995, c.N-5.11, s.44; 1997, c.62, s.14; 1998, c.46, s.4; 2006, c.13, s.23