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Regulation number	Title
M-17	Motor Vehicle Act

Under section 265.8 and subsection 344(2) of the Motor Vehicle Act, the Lieutenant-Governor in Council makes the following Regulation:

Citation

1This Regulation may be cited as the Carrier Profile and Compliance Regulation - Motor Vehicle Act.

Definitions for the purposes of this Regulation

2The following definitions apply in this Regulation.

“Act” means the Motor Vehicle Act. (Loi)

“average fleet size” means the quotient, calculated monthly, of(taille moyenne du parc)

(a) the total number of commercial vehicles in a carrier’s fleet for the previous 24 months divided by 24, or

(b) if the total number of commercial vehicles in a carrier’s fleet for the previous 24 months is not available, the total number of commercial vehicles in a carrier’s fleet for the previous months for which the information is available divided by the number equivalent to the total number of months for which the information is available.

“Committee” means the Carrier Advisory Committee continued under section 19. (comité)

“fleet” means the commercial vehicles that have the carrier’s National Safety Code identification number appearing on the registration of the commercial vehicle. (parc)

“maximum accumulated demerit points” means the maximum accumulated demerit points that may be attributed to a carrier, calculated in accordance with subsection 5(6). (nombre maximal de points de démérite accumulés)

“safety rating” means a safety rating assigned to a carrier under section 6. (cote de sécurité)

Definitions for the purposes of the Act and this Regulation

3The following definitions apply in the Act and this Regulation.

“out-of-service incident” means an incident where a peace officer(incident de mise hors service)

(a) in accordance with section 265.6 of the Act, detains a commercial vehicle, a trailer or a semi-trailer and causes it to be removed or orders the driver to cause it to be removed from its location to a location specified by the peace officer and orders the carrier or the driver to cause the commercial vehicle, the trailer or the semi-trailer to be repaired, or brought into conformity with the Act or the regulations, as the case may be, directed in the order, or

(b) in accordance with subsection 13(1) of the Commercial Vehicle Drivers Hours of Service Regulation - Motor Vehicle Act, declares a driver of a commercial vehicle to be out of service.

“reportable accident” means an accident involving a commercial vehicle and for which the driver of the commercial vehicle, upon the request of a member of the local police department or of the Royal Canadian Mounted Police, is required to make a report under section 130 of the Act. (accident susceptible de faire l’objet d’un rapport)

Results of an inspection and audit

4A carrier is required to obtain a mark of at least 75% to pass an inspection and audit referred to in section 18.

Demerit points

5(1)The Registrar shall attribute to a carrier 3 demerit points where a commercial vehicle that is part of the carrier’s fleet is involved in an out-of-service incident.

5(2)Where a commercial vehicle that is part of a carrier’s fleet is involved in a reportable accident, the Registrar shall attribute to the carrier the number of demerit points as follows:

(a)for a reportable accident involving property damage ..............	2 points

(b)for a reportable accident involving personal injury ..............	4 points

(c)for a reportable accident involving a fatality ..............	6 points

5(3)Subject to subsection (4), where the driver of a commercial vehicle that is part of a carrier’s fleet is convicted of a violation of a provision listed in Column I of Schedule A, the number of demerit points listed in Column II of Schedule A beside the provision shall be attributed by the Registrar to the carrier.

5(4)If the same provision number is entered twice in Column I of Schedule A with different numbers of demerit points prescribed for each entry, the Registrar shall attribute the demerit points that are lesser in number, unless the violation in question is, in the opinion of the Registrar, described in brackets beside the entry for which the greater number of points is prescribed, in which case the Registrar shall attribute the greater number of points.

5(5)Where the Registrar receives notice that a driver or a non-resident driver has been involved in an incident or accident or has been found guilty of an offence in another province or territory of Canada or in a state of the United States of America that, in the opinion of the Registrar, is in substance and effect equivalent to an out-of-service incident, reportable accident or conviction of a driver of a commercial vehicle described in subsection (3) for which demerit points are attributed by the Registrar under this Regulation, the Registrar shall attribute demerit points to the carrier whose National Safety Code identification number appears on the registration of the commercial vehicle at the time of the incident, accident or conviction as if the incident, accident or conviction had taken place in the Province.

5(6)The maximum accumulated demerit points of a carrier shall be calculated by the Registrar using the following formula:

M = AFS + [Log n (AFS) × 7] + 15

where

M=	maximum accumulated demerit points;

AFS=	average fleet size;

Log n=	natural logarithm.

5(7)The Registrar, when calculating whether a carrier has or has not exceeded a percentage of the carrier’s maximum accumulated demerit points, shall use the accumulated demerit points attributed to the carrier under subsection (1), (2) or (3), whichever is the greatest.

5(8)Demerit points attributed to a carrier under this section shall be erased 2 years after the date of the out-of-service incident, reportable accident or conviction of a driver of a commercial vehicle described in subsection (3), as the case may be.

Categories of safety ratings

6(1)Subject to subsection (2), the Registrar shall assign to a carrier one of the following categories of safety ratings:

(a) Satisfactory Unaudited;

(b) Satisfactory Audited;

(c) Conditional; or

(d) Unsatisfactory.

6(2)The Registrar shall not assign a safety rating to a carrier unless the carrier

(a) holds a valid National Safety Code identification number, and

(b) provides the Registrar with such information that the Registrar may require for the purposes of assigning a safety rating.

Disclosure of a carrier’s safety rating

7The Registrar may disclose the safety rating assigned to a carrier to insurers, clients or potential insurers or clients of the carrier and to other jurisdictions when they make a request to the Registrar in writing or in electronic format.

Assignment of safety ratings

8The Registrar shall assign to a carrier the safety rating “Satisfactory Unaudited” if

(a) the carrier’s accumulated demerit points for out-of-service incidents, reportable accidents or convictions of a driver of a commercial vehicle described in subsection 5(3) do not exceed 85% of the carrier’s maximum accumulated demerit points, and

(b) an audit and inspection of the carrier has not been conducted under section 18.

Assignment of safety ratings

9The Registrar shall assign to a carrier the safety rating “Satisfactory Audited” if

(a) the carrier’s accumulated demerit points for out-of-service incidents, reportable accidents or convictions of a driver of a commercial vehicle described in subsection 5(3) do not exceed 85% of the carrier’s maximum accumulated demerit points, and

(b) the carrier passes an inspection and audit conducted under section 18.

Assignment of safety ratings

10The Registrar shall assign to a carrier the safety rating “Conditional” if

(a) the carrier’s accumulated demerit points for out-of-service incidents or convictions of a driver of a commercial vehicle described in subsection 5(3) exceed 85% but do not exceed100% of the carrier’s maximum accumulated demerit points,

(b) the carrier’s accumulated demerit points for reportable accidents exceed 85% of the carrier’s maximum accumulated demerit points, or

(c) the carrier does not pass an inspection and audit conducted under section 18.

Assignment of safety ratings

11The Registrar shall assign to a carrier the safety rating “Unsatisfactory” if the carrier’s accumulated demerit points for out-of-service incidents or convictions of a driver of a commercial vehicle described in subsection 5(3) exceed 100% of the carrier’s maximum accumulated demerit points.

Interventions

12(1)Where a carrier has been assigned a safety rating “Satisfactory Unaudited” or “Satisfactory Audited”, the Registrar shall advise the carrier by notice in writing when the carrier’s accumulated demerit points exceed 60% but do not exceed 85% of the carrier’s maximum accumulated demerit points for

(a) out-of service incidents,

(b) reportable accidents, or

(c) convictions of a driver of a commercial vehicle described in subsection 5(3).

12(2)The notice referred to in subsection (1) shall include a statement that an inspection and audit may be conducted and that the carrier may be required to attend an interview before the Committee.

Interventions

13(1)Where a carrier is assigned the safety rating “Conditional”, the Registrar shall advise the carrier by notice in writing when the carrier’s accumulated demerit points exceed 85% but do not exceed 100% of the carrier’s maximum accumulated demerit points for

(a) out-of service incidents,

(b) reportable accidents, or

(c) convictions of a driver of a commercial vehicle described in subsection 5(3).

13(2)The notice referred to in subsection (1) shall include a statement that an inspection and audit will be conducted and that the carrier will be required to attend an interview before the Committee at a specified time, date and location.

13(3)At an interview referred to in subsection (2), the Committee and the carrier shall

(a) attempt to identify the reasons why the carrier accumulates demerit points,

(b) evaluate action plans by which the carrier may avoid the further attribution of demerit points, and

(c) determine an appropriate action plan to which the carrier is willing to make and does make a commitment.

Interventions

14(1)Where a carrier is assigned the safety rating “Unsatisfactory”, the Registrar shall advise the carrier by notice in writing when the carrier’s accumulated demerit points exceed 100% of the carrier’s maximum accumulated demerit points for

(a) out-of service incidents,

(b) reportable accidents, or

(c) convictions of a driver of a commercial vehicle described in subsection 5(3).

14(2)The notice referred to in subsection (1) shall include a statement that an inspection and audit will be conducted and that the carrier will be required to attend an interview before the Committee at a specified time, date and location.

14(3)At an interview referred to in subsection (2), the Committee and the carrier shall review the carrier’s record and determine the reasons why the action plan determined under subsection 13(3) has failed.

14(4)After holding an interview referred to in subsection (2), the Committee and the carrier may determine a further, more effective action plan to which the carrier is willing to make and does make a commitment, if the Committee is satisfied that

(a) the carrier has made a sincere effort and has taken reasonable steps to comply with the first action plan,

(b) the carrier will comply with the further action plan, and

(c) the continued operation of the carrier will not adversely affect the safety of the public.

14(5)The Registrar may maintain a carrier’s safety rating “Unsatisfactory” if the Committee and the carrier determine a further action plan in accordance with subsection (4).

14(6)If, after holding an interview referred to in subsection (2), the Committee is not satisfied as required by subsection (4), it may recommend to the Registrar that the Registrar suspend

(a) the registration of all commercial vehicles that are part of the carrier’s fleet and the registration certificates or registration plates of all commercial vehicles that are part of the carrier’s fleet, or

(b) the registration of any commercial vehicle that is part of the carrier’s fleet and the registration certificates or registration plates of the commercial vehicle that is part of the carrier’s fleet when, in the opinion of the Committee, the commercial vehicle or the operator of the commercial vehicle has significantly contributed to the carrier’s accumulated demerit points.

Failure to attend an interview

15When a carrier, without reasonable excuse, fails to attend an interview referred to in subsection 14(2), the Committee may recommend to the Registrar that the Registrar suspend the registration of all commercial vehicles that are part of the carrier’s fleet and the registration certificates or registration plates of all commercial vehicles that are part of the carrier’s fleet.

Suspension

16(1)Upon receipt of a recommendation of the Committee under paragraph 14(6)(a) or section 15, the Registrar may suspend for 30 days the registration of all commercial vehicles that are part of a carrier’s fleet and the registration certificates or registration plates of all commercial vehicles that are part of a carrier’s fleet.

16(2)Upon receipt of a recommendation of the Committee under paragraph 14(6)(b), the Registrar may suspend for 30 days the registration of any commercial vehicle that is part of the carrier’s fleet and the registration certificate or registration plate of the commercial vehicle that is part of the carrier’s fleet and in respect of which the Committee’s recommendation is made.

16(3)Where the Registrar suspends, under subsection (1) or (2), the registration of all or any of the commercial vehicles that are part of a carrier’s fleet and the registration certificates or registration plates of all or any of the commercial vehicles that are part of a carrier’s fleet, the Registrar shall assign to the carrier the safety rating “Unsatisfactory” for the duration of a suspension period.

16(4)Upon the expiration of the suspension period under subsection (1) or (2), the Registrar shall

(a) reinstate the registrations, registration certificates and registration plates of the commercial vehicles,

(b) erase all the carrier’s accumulated demerit points relating to the commercial vehicles or operators of those commercial vehicles whose registrations, registration certificates or registration plates have been suspended,

(c) assign to the carrier the safety rating “Conditional” for a period of 1 year, and

(d) advise the carrier that an inspection and audit will be conducted before the end of the period referred to in paragraph (c).

16(5)Upon the expiration of the period referred to in paragraph (4)(c), the Registrar may assign to the carrier the safety rating determined under section 9, 10 or 11, as the case may be.

Records

17(1)Before being engaged by a carrier to drive a commercial vehicle, each driver of a commercial vehicle shall disclose in writing to the carrier

(a) the name of the jurisdiction in which the driver is authorized by a licence to operate a commercial vehicle,

(b) the name under which the driver holds that licence, and

(c) whether or not that licence or the driving privilege to which it relates is suspended or revoked.

17(2)Before being engaged by a carrier to drive a commercial vehicle and while so engaged, each driver of a commercial vehicle shall disclose in writing to the carrier

(a) the particulars of any traffic accident in which that driver has been involved as a person having the operation, care or control of a vehicle,

(b) the particulars of any conviction of the driver arising from that driver having the operation, care or control of a vehicle, under

(i) the Act or the regulations under the Act,

(ii) the Highway Act or the regulations under that Act,

(iii) the Transportation of Dangerous Goods Act or the regulations under that Act,

(iv) the Transportation of Dangerous Goods Act (Canada) or the regulations under that Act,

(v) the Criminal Code (Canada), or

(vi) a provision of a statute or regulation of any other province or territory of Canada or of a state, district or territory of the United States of America or Mexico in relation to the use of a motor vehicle that is in substance and effect equivalent to a conviction under an Act or a regulation referred to in subparagraphs (i) to (v), and

(c) the particulars of any suspension, revocation or other change in the status or classification of the driver’s licence held by the driver or of the driver’s driving privilege.

17(3)Each carrier shall, before engaging a driver to drive a commercial vehicle, obtain from the Registrar the driver’s driving record for the previous 5 years.

17(4)If a carrier has reason to believe that a driver has a conviction under an Act or a regulation referred to in paragraph (2)(b) so serious as to suggest that the driver does not drive safely or is not sufficiently qualified or competent to drive a commercial vehicle, the carrier shall not engage the driver to drive a commercial vehicle.

17(5)Each carrier shall, once in each year after engaging a driver to drive a commercial vehicle, obtain from the Registrar the driver’s driving record for the previous year.

17(6)Each carrier shall assemble and maintain, at the carrier’s principal place of business in New Brunswick, the following records:

(a) up-to-date profiles containing the information described in subsections (1), (2) and (3) on all of the drivers engaged by the carrier to drive a commercial vehicle;

(b) all inspection and vehicle maintenance records required under the Act and the regulations and copies of all reports issued by peace officers respecting the safety, road-worthiness, mechanical condition or other aspect of the commercial vehicles;

(c) all records that the carrier is required to maintain under the Commercial Vehicle Drivers Hours of Service Regulation - Motor Vehicle Act;

(d) records of the particulars of all defects that have been repaired as a result of trip inspections in commercial vehicles;

(e) copies of the driver’s licences of all drivers engaged by the carrier to drive a commercial; and

(f) if the carrier or any driver engaged by the carrier to drive a commercial vehicle transports dangerous goods, as defined in the Transportation of Dangerous Goods Act, records of the particulars of the relevant training of all staff involved in the transportation of dangerous goods.

17(7)A carrier who leases or owns a commercial vehicle and who ceases to lease or own it shall, as soon as practicable after the change, deliver the records required to be kept under paragraphs (6)(b) and (d) in relation to that commercial vehicle to the current registered owner, who shall in the same manner deliver the records to any subsequent new owner or lessor.

Inspections and audits

18(1)In order to ascertain whether the provisions of the Act and the regulations have been complied with, any peace officer or any officer or employee of the Department of Justice and Public Safety at any reasonable time may

(a) enter a carrier’s place of business,

(b) conduct an inspection of a carrier’s repair facilities and commercial vehicles under repair, and

(c) conduct an audit of any record required by the Act or the regulations to be maintained by a carrier.

18(2)A carrier shall produce for inspection, at the request of any person conducting an inspection and audit under subsection (1), all records referred to in section 17 and shall do everything necessary to enable such a person to have access to any such records that are not stored in directly readable form.

18(3)A person who is conducting an inspection and audit under subsection (1) may remove any record produced as a result of a request under subsection (2) or discovered during the inspection and audit for the purpose of making copies or taking extracts, together with any equipment, hardware, software or other thing necessary to enable access to the records.

18(4)If a person who is conducting an inspection and audit under subsection (1) has given consent, a carrier may provide the person with copies of any record, software or other thing for the purposes of removal instead of providing the originals or original copies.

18(5)A person removing any record, equipment, hardware, software or other thing or copies of any record, software or other thing under subsection (3) or (4) shall first provide a receipt for them to the carrier and, subject to subsection (6), shall promptly return them to the carrier.

18(6)A person who is conducting an inspection and audit under subsection (1) may detain for the purposes of evidence any record, equipment, hardware, software or other thing that the person discovers while conducting the inspection and audit if he or she believes, on reasonable and probable grounds, that the record, equipment, hardware, software or other thing may afford or may be necessary to obtain access to evidence of a violation of or a failure to comply with a provision of the Act or the regulations.

18(7)Copies of or extracts from any record, software or other thing removed from premises under this Regulation and certified by the person making the copies or taking the extracts as being true copies of or extracts from the originals are admissible in evidence to the same extent as, and have the same evidentiary value as, the record, software or other thing of which they are copies or from which they are extracts.

18(8)No person shall falsify or unlawfully alter, deface, destroy, erase or obliterate any of the records required to be assembled and maintained under section 17.

18(9)No person shall obstruct or hinder a person who is conducting an inspection and audit under subsection (1).

2016, c.37, s.112; 2019, c.2, s.93; 2020, c.25, s.74

Carrier Advisory Committee

19(1)The Carrier Advisory Committee established under New Brunswick Regulation 95-161 under the Motor Vehicle Act is continued under this Regulation.

19(2)The Committee shall be appointed by the Minister and shall consist of 3 persons, of whom 1 shall be

(a) an employee of the Department of Justice and Public Safety appointed as the National Safety Code Manager or the person designated by the Registrar to act on behalf of that Manager,

(b) an employee of the Policy Branch of the Department of Justice and Public Safety, and

(c) an employee of the Commercial Vehicle Enforcement Branch of the Department of Justice and Public Safety.

19(3)The Minister shall designate a member of the Committee to be chairperson and another member to be vice-chairperson.

19(4)A majority of the members of the Committee constitutes a quorum.

19(5)To carry out its duties, the Committee may make its own rules of procedure.

19(6)The Committee may sit when and if it considers it necessary in order to perform its duties under this Regulation.

2016, c.37, s.112; 2019, c.2, s.93; 2020, c.25, s.74

Determination of an operator’s work for a carrier

20For the purposes of section 265.73 of the Act, the percentage of work that an owner of a commercial vehicle performs as an operator of a commercial vehicle for a carrier shall be determined for a period of 1 month as follows:

where

C=	the percentage of work that an owner of a commercial vehicle performs as an operator of a commercial vehicle for a carrier;

A=	the total number of hours of work that the owner of a commercial vehicle anticipates working as an operator of a commercial vehicle for the carrier for that month;

B=	the total number of hours that the owner of a commercial vehicle anticipates working as an operator of a commercial vehicle for that month.

Offences

21A person who violates or fails to comply with subsection 18(8) or (9) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.

Transitional provisions

22The demerit points held by a carrier under New Brunswick Regulation 95-161 established under the Motor Vehicle Act immediately before the coming into force of this section are attributed to the carrier upon the coming into force of this section.

Repeal

23New Brunswick Regulation 95-161 under the Motor Vehicle Act is repealed.

Commencement

24This Regulation comes into force on February 2, 2004.

SCHEDULE A

CARRIER DEMERIT POINTS FOR A CONVICTION OF A DRIVER OF A COMMERCIAL VEHICLE

1DRIVER RELATED VIOLATIONS

(a) Criminal Code (Canada) violations

Column I	Column II
Provision number	Demerit Points

219..............	10
220..............	10
221..............	10
249(1), (1)(a), (3), (4)..............	10
252(1)..............	10
253(a), (b)..............	10
254(5)..............	10
255(1), (2), (3)..............	10
259(4)..............	10
335..............	10

(b) Moving violations - Motor Vehicle Act

101..............	2
102..............	2
104..............	2
105..............	2
105.1(1)..............	2
107..............	2
117(1)..............	2
117.1..............	2
118..............	2
119(1)..............	2
122(1)..............	2
125..............	4
126..............	4
127..............	4
128..............	4
129..............	4
130(1)..............	4
131(1)..............	4
134(2)..............	5
140(1.1)(a)..............	2
140(1.1)(b)..............	3
140(2)..............	2
144..............	2
146(3)..............	2
147(1), (2), (3)(a), (3)(b)..............	2
148(1), (2)..............	2
149(1)(a) to (e)..............	2
149(2)(a), (b)..............	2
150(1), (2)..............	2
151..............	2
152(1)(a) to (c)..............	2
154(2)..............	2
155(2)..............	2
156(a) to (d)..............	2
156.1..............	2
157(1), (2), (3)..............	2
158..............	2
161(1)(a) to (c), (2)..............	2
162(1)(a), (b), (2) to (5)..............	2
163..............	2
165(1), (2)..............	2
166..............	2
167..............	2
168(1), (2)..............	2
169.2(3)..............	2
170(1), (2)..............	2
172..............	2
182(1), (2)..............	3
183(3)..............	3
184(1)..............	3
184(2)..............	2
185(1)..............	3
186(3), (4)..............	2
187(1), (2)..............	2
188(1)..............	4
190..............	2
191(2)..............	2
191.1..............	2
198..............	2
200(1)..............	2
201(1), (2)..............	2
202(1), (2)..............	2
204..............	2
207..............	2
209(5)(a) to (c)..............	2
238(1)..............	2
244(1)..............	2
245(1), (2)..............	2
250(1)(a)..............	2
256(10)..............	2
345(1), (2)..............	6
346(1)(a), (b)..............	6
346(1)(c)..............	4

(c) Hours of Service Violations - Motor Vehicle Act

Any provision of the Commercial Vehicle Hours of Service Regulation - Motor Vehicle Act..............5

2VEHICLE RELATED VIOLATIONS

(a) Equipment Violations - Motor Vehicle Act

200.1(2)..............	2
206(1)(a)..............	5
206(1)(b) to (f)..............	2
211(1)..............	2
217(1)..............	2
221..............	2
224..............	2
230(1)..............	2
234(1)..............	2
235(1)..............	2
240(a), (b)..............	2
241(3)..............	2
243(1), (2), (3)..............	2
250(2)..............	2

(b) Mechanical Fitness Requirement Violations - Motor Vehicle Act

250(1)(b), (3), (4)..............	5
250(1)(c)..............	2

3MOTOR CARRIAGE RELATED VIOLATIONS

(a) Load Security Violations - Motor Vehicle Act

256(1), (3)..............	4
256(7)..............	4
260(2), (4)..............	4
260(4.1), (4.4), (4.5)..............	2

(b) Dangerous Goods Violations - Transportation of Dangerous Goods Act

4(1)..............	6
4(1) (in relation to failure to give notice or cause notice to be given immediately of dangerous occurrence)..............	10
7(6)(a), (d)..............	6

(c) Vehicle Mass or Dimension Violations - Motor Vehicle Act

251(1)..............	2
261(4)..............	4
359 (in relation to excess gross mass or excess mass per axle or combination of axles in excess of 2000 kilograms)..............	1
Any provision of the Vehicle Dimensions and Mass Regulation - Motor Vehicle Act..............	2

4LICENSE, PERMIT OR REGISTRATION VIOLATIONS - Motor Vehicle Act

6(3)..............	2
17(1)..............	10
36(1), (2)..............	2
47(1)..............	2
65..............	2
66(1)..............	2
67..............	2
68..............	2
69..............	2
70(a) to (d)..............	2
74..............	2
78(1) (in relation to driving without valid licence)	2
78(1) (in relation to driving without valid licence while under suspension)..............	6
92(1)..............	2
93(3)..............	2
96..............	2
99(1)(a) to (f)..............	2

5RECORD KEEPING VIOLATIONS - Carrier Profile and Compliance Regulation - Motor Vehicle Act

17(6)..............	5
18(2)..............	5
18(8), (9)..............	10

6MISCELLANEOUS VIOLATIONS - Motor Vehicle Act

17.1(2)..............	3
28(1.1)..............	2
189..............	2
200.1(3), (6)..............	2
203(4)..............	2
261(4)..............	2

N.B. This Regulation is consolidated to December 18, 2020.

2004-6 - Carrier Profile and Compliance

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