Acts and Regulations

2005-103 - Cargo Securement

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2005-103
under the
Motor Vehicle Act
(O.C. 2005-304)
Filed August 26, 2005
Under sections 231 and 256 of the Motor Vehicle Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the Cargo Securement Regulation - Motor Vehicle Act.
Definition of “Standard 10”
2In this Regulation, “Standard 10” means the National Safety Code for Motor Carriers Standard 10 - Cargo Securement of the Canadian Council of Motor Transport Administrators, as approved September 23, 2004.
Application
3This Regulation applies to a vehicle or combination of vehicles that
(a) is carrying a load on a highway, and
(b) has a gross mass of 4,500 kilograms or more.
Adoption of Standard 10
4(1)Subject to subsection (2), Standard 10 is adopted, as amended from time to time.
4(2)The definitions “pole trailer” and “vehicle” in section 1 of Standard 10 are not adopted.
Interpretation of Standard 10
5(1)Unless this Regulation or the context otherwise requires, references to “driver” in the English version of Standard 10, as adopted under section 4, shall be read as “operator”.
5(2)Unless this Regulation or the context otherwise requires, references to “vehicle” in Standard 10, as adopted under section 4, shall be read as “vehicle or combination or vehicles”.
5(3)The definition “heavy vehicle” in section 1 of Standard 10, as adopted under section 4, shall be read as follows:
“heavy vehicle” means
(a) a vehicle that has a gross mass of 4,500 kg or more, or
(b) equipment or machinery that operates on wheels or tracks and that has a gross mass of 4,500 kg or more.
5(4)The definition “light vehicle” in section 1 of Standard 10, as adopted under section 4, shall be read as follows:
“light vehicle” means
(a) an automobile, truck or van that has a gross mass of less than 4,500 kg, or
(b) equipment or machinery that operates on wheels or tracks and has a gross mass of less than 4,500 kg.
5(5)Paragraph 2(1)(b) of Standard 10, as adopted under section 4, shall be read as follows:
(b) with a registered gross mass of 4,500 kilograms or more.
Cargo securement - certain cargo
6In addition to the specific securement requirements for the cargo types described in Part 2 of Standard 10, as adopted under section 4,
(a) a load consisting of sawdust, shavings, wood chips or salt shall be covered entirely by a tarpaulin or other covering in a manner sufficient to prevent the escape from the vehicle of any portion of the load,
(b) where a vehicle or combination of vehicles carries a load consisting of gravel, sand, asphalt, coal or other similar bulk materials
(i) the load shall be covered entirely by a tarpaulin or other covering in a manner sufficient to prevent the escape from the vehicle of any portion of the load, or
(ii) the vehicle shall be loaded in a manner sufficient to prevent the escape from the vehicle of any portion of the load without covering the load with a tarpaulin or other covering.
Repeal
7New Brunswick Regulation 85-25 under the Motor Vehicle Act is repealed.
Commencement
8This Regulation comes into force on September 1, 2005.
N.B. This Regulation is consolidated to September 1, 2005.