Acts and Regulations

83-185 - Vehicle Inspections

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Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 83-185
under the
Motor Vehicle Act
(O. C. 83-969)
Filed November 28, 1983
Under section 249 of the Motor Vehicle Act, the Lieutenant-Governor in Council makes the following Regulation:
1This Regulation may be cited as the Vehicle Inspections Regulation - Motor Vehicle Act.
84-144
2In this Regulation
“Act” means the Motor Vehicle Act;(loi)
“assigned gross mass” means the gross mass of a trailer or semi-trailer set out in a registration certificate;(masse brute attribuée)
“certified mechanic” means(mécanicien certifié)
(a) a person who is the holder of a current certificate of qualification under
(i) the Motor Vehicle Mechanic (Automobile) Occupation Regulation - Apprenticeship and Occupational Certification Act,
(ii) the Motor Vehicle Mechanic (Steering, Suspension and Brakes) Occupation Regulation - Apprenticeship and Occupational Certification Act, or
(iii) the Motor Vehicle Mechanic (Truck and Transport) Occupation Regulation - Apprenticeship and Occupation Certification Act; or
(b) for the purposes of testing recreational trailers only, a person who
(i) has at least one year practical experience in the business of repairing and servicing recreational vehicles, and
(ii) provides a declaration from an employer or the owner or operator of a garage certifying to the experience referred to in subparagraph (i);
“configured gross mass” means the total permissible gross mass of a truck or truck tractor plus one trailer, one semi-trailer, two semi-trailers or one semi-trailer and one trailer, set out in a registration certificate;(masse brute ajoutée)
“farm truck” means a farm truck as defined in the General Regulation - Motor Vehicle Act;(camion agricole)
“home-made trailer” means a trailer that is declared to be home-made by the owner and that bears no manufacturer’s label, brand or vehicle identification number;(remorque artisanale)
“official testing station” means a garage designated by the Minister under section 4 or 13;(poste officiel de vérification)
“station” means an official testing station;(poste)
“test” means an inspection of a vehicle performed by a tester at an official testing station in accordance with section 6;(vérification)
“tester” means a certified mechanic who is employed by an official testing station;(vérificateur)
“unladen curb mass” means the mass of a vehicle without load;(masse à vide)
“utility trailer” means a trailer, other than a recreational trailer, that has an assigned gross mass of 1499 kilograms or less.(remorque tout usage)
84-144; 85-47; 85-64; 93-194; 2014-84; 2019-48
I
VEHICLE INSPECTIONS GENERALLY
84-144
3In this Part
“certificate of inspection” means a certificate indicating the approval of a vehicle inspected by a certified mechanic in accordance with this Part;(certificat d’inspection)
“certificate of rejection” means a certificate indicating the rejection of a vehicle inspected by a certified mechanic in accordance with this Part.(certificata de rejet)
84-144
4(1)The Minister may designate any garage that meets the standards prescribed by section 5 as an official testing station for vehicles generally and the Registrar shall issue a permit to the operator of the garage so designated.
4(2)The Minister may establish official testing stations for purposes of private fleet vehicle inspections where
(a) the owner or operator of the station owns a fleet of at least ten vehicles; and
(b) the only vehicles to be inspected are those owned and operated by the person or firm designated on the permit.
4(3)Each official testing station established under this Part shall pay to the Minister a fee of seventy-six dollars for its first permit and thereafter an annual permit fee of thirty-eight dollars which is due on the first day of January in each calendar year.
84-144; 85-214; 88-279; 91-76; 92-68
5An official testing station established under this Part shall have as minimum requirements:
(a) an enclosed space of not less than 3.5 metres in width and
(i) 15 metres in length, if it is equipped with a headlamp aim testing screen;
(ii) 20 metres in length, if it is equipped with a headlamp aim testing screen where the vehicle to be tested is a bus or commercial vehicle with an unladen curb mass of 3500 kilograms or more;
(iii) 7.5 metres in length, if it is equipped with a headlamp testing machine or a mechanical headlamp aimer; or
(iv) 12.5 metres in length, if it is equipped with a headlamp testing machine or a mechanical headlamp aimer where the vehicle to be tested is a bus or commercial vehicle with an unladen curb mass of 3500 kilograms or more;
(b) such extra space sufficient to accommodate any one motor vehicle, and sufficient equipment, stock, tools and machinery as, in the opinion of the Minister, are required to complete a test; and
(c) at least one certified mechanic on staff.
84-144; 93-194
6(1)The test of a vehicle under this Part shall include an inspection and mechanical examination of
(a) the body, and seat belt assemblies,
(b) the windshield and windows,
(c) the horn,
(d) the windshield wipers,
(e) the rearview mirror,
(f) the lighting systems,
(g) the exhaust system,
(h) the braking system,
(i) the steering system,
(j) the suspension system,
(k) the wheels and tires, and
(l) the coupling system.
6(1.1)A test under this Part of a bus, commercial vehicle or truck tractor with an unladen curb mass of 2250 kilograms or more or a semi-trailer, trailer or pole trailer with an assigned or configured gross mass of 4500 kilograms or more shall include in addition to an inspection and mechanical examination under subsection (1) an inspection and mechanical examination of
(a) the power train,
(b) the instruments and auxiliary equipment,
(c) the electrical system,
(d) the engine controls,
(e) the fuel system, and
(f) the mirrors.
6(2)The inspection shall be made by or under the direct supervision of a certified mechanic.
6(3)The certified mechanic referred to in subsection (2) shall certify as approved or rejected each vehicle upon which an inspection has been completed by attaching a completed certificate of inspection or certificate of rejection as follows:
(a) a certificate of inspection to the inside lower left corner of a vehicle windshield,
(b) a certificate of inspection to the front corner, left side, at readable height, of a trailer, semi-trailer or pole trailer,
(c) a certificate of rejection to the outside lower left corner of a vehicle windshield, or
(d) a certificate of rejection to the front corner, left side, at readable height, of a trailer, semi-trailer or pole trailer.
6(4)Subject to section 6 of the Inspection Order – Motor Vehicle Act, a certificate of inspection attached to a vehicle in accordance with subsection (3) shall be valid
(a) until the end of the thirty-sixth month following the month in which the certificate of inspection was issued in the case of a vehicle tested in accordance with section 4.5 of the Inspection Order – Motor Vehicle Act,
(b) until the end of the twenty-fourth month following the month in which the certificate of inspection was issued in the case of a vehicle tested in accordance with section 3 of the Inspection Order – Motor Vehicle Act,
(c) until the end of the twelfth month following the month in which the certificate of inspection was issued in the case of a vehicle tested in accordance with subsection 3.11(1) or section 3.2 or 4.01 of the Inspection Order – Motor Vehicle Act,
(d) until the end of the sixth month following the month in which the certificate of inspection was issued in the case of a vehicle tested in accordance with section 4 of the Inspection Order – Motor Vehicle Act, and
(e) for the life of the vehicle in the case of a vehicle tested in accordance with section 3.3 of the Inspection Order – Motor Vehicle Act.
6(5)A certificate of rejection, attached to a vehicle in accordance with the provisions of subsection (3), shall extend the inspection compliance date by fourteen days following initial inspection during which time the owner shall have the vehicle repaired and re-inspected at an official testing station.
6(6)Notwithstanding subsection (5), where a vehicle has been rejected, the owner may apply to the Registrar to have the date of the certificate of rejection extended and the Registrar, in the Registrar’s discretion, may so extend the date.
6(7)The standard of condition for a vehicle to be approved under this Part shall be
(a) that it be equipped as required under section 200.1 and sections 206 to 246 inclusive of the Act, and
(b) that it be in such operating condition that it would offer no obvious hazard to a person or property while in use.
84-144; 93-194; 2019-48; 2020, c.30, s.6
7(1)An official testing station operator shall charge and collect from the owner of a vehicle on which an inspection as described in section 6 has been completed an inspection fee as follows:
(a) for an inspection of a private passenger vehicle, other than a private passenger vehicle that is used to provide vehicle-for-hire services, family motor coach or motor vehicle converted to a family motor coach or similar vehicle, antique vehicle, or commercial vehicle or farm truck with an unladen curb mass of 3 000 kg or less, a fee of $45;
(a.1) for an inspection of a private passenger vehicle that is used to provide vehicle-for-hire services, a fee of $35;
(b) for an inspection of a taxicab, a fee of $35;
(c) for an inspection of a home-made trailer with an assigned or configured gross mass of less than 1 500 kg, a fee of $25;
(d) for an inspection of a commercial vehicle or farm truck with an unladen curb mass of more than 3 000 kg but less than 3 500 kg, a semi-trailer, trailer or pole trailer with an assigned or configured gross mass of 1 500 kg or more, or a bus with an unladen curb mass of less than 3 500 kg, a fee of $40;
(e) for an inspection of a bus or a farm truck with an unladen curb mass of 3 500 kg or more, a fee of $65; and
(f) for an inspection of a truck tractor or commercial vehicle that is not a farm truck, with an unladen curb mass of 3 500 kg or more, a fee of no more than $140.
7(2)Notwithstanding subsection (1), no further fee shall be charged by an official testing station operator when a vehicle to which such operator has issued a certificate of rejection is returned for re-inspection.
7(3)The Registrar shall supply certificates of inspection and certificates of rejection to official testing station operators upon request and payment of a fee of $10 for each certificate of inspection.
7(4)An official testing station operator shall charge a fee of $11 for the replacement of a valid certificate of inspection.
83-239; 84-144; 89-148; 92-68; 93-194; 2004-117; 2015-41; 2019-48; 2020, c.30, s.6
7.1Notwithstanding subsections 7(1), (3) and (4), where an official testing station has been established for the purpose of inspecting vehicles owned by or leased to provincial government departments or agencies
(a) the official testing station operator shall not charge for an inspection as described in section 6,
(b) the Registrar shall supply certificates of inspection and certificates of rejection to the official testing station operator upon request without fee, and
(c) the official testing station operator shall not charge a fee for the replacement of a valid certificate of inspection.
83-239; 84-144
8(1)The operator of an official testing station shall maintain a record of each vehicle inspection for the period of validity of the certificate of inspection.
8(1.1)Notwithstanding subsection (1), the operator of an official testing station shall maintain a record of inspection for two full years for a bus, commercial vehicle or truck tractor with an unladen curb mass of 2250 kilograms or more or a semi-trailer, trailer or pole trailer with an assigned or configured gross mass of 4500 kilograms or more.
8(2)Each record maintained in accordance with subsections (1) and (1.1) shall indicate:
(a) the vehicle registration plate number;
(a.1) the serial number of the vehicle;
(b) the name and address of the registered owner of the vehicle inspected;
(c) the number of the official testing station;
(d) the name of the inspecting certified mechanic;
(e) the date of the inspection;
(f) the status of condition of the inspected components, as to whether
(i) passed,
(ii) failed, or
(iii) repaired during inspection; and
(g) the serial number of any certificate of inspection issued.
8(2.1)Each record maintained in accordance with subsection (1.1) shall indicate in addition to the information under subsection (2):
(a) the make and model of the vehicle;
(b) the odometer reading of the vehicle at the time of the inspection;
(c) the signature of the inspecting certified mechanic; and
(d) the identification number of the record.
8(2.2)The operator of an official testing station shall issue on completion of an inspection of a bus, commercial vehicle or truck tractor with an unladen curb mass of 2250 kilograms or more or a semi-trailer, trailer or pole trailer with an assigned or configured gross mass of 4500 kilograms or more a copy of the record referred to in subsection (1.1) to the owner or operator of the vehicle.
8(3)The operator of an official testing station established under this Part shall:
(a) portray in public view any permit, chart or sign so intended for portrayal;
(b) Repealed: 88-264
(c) be responsible for the proper inspection of each vehicle presented for inspection and shall ensure
(i) that each vehicle is inspected by or under the direct supervision of a certified mechanic,
(ii) that each commercial vehicle with an unladen curb mass of 3500 kilograms or more is inspected by or under the direct supervision of a certified mechanic who is the holder of a current certificate of qualification issued under the Motor Vehicle Mechanic (Truck and Transport) Occupation Regulation - Apprenticeship and Occupation Certification Act, and
(iii) that each inspection is performed in conformity with the procedures and standards as outlined in the official inspection station manual; and
(d) inform the Registrar immediately upon recognition of
(i) complaints with regard to motor vehicle inspections,
(ii) loss or theft of certificates of inspection or certificates of rejection,
(iii) desire to adopt procedural changes,
(iv) errors in vehicle registration, or
(v) desire to cease operations as an official testing inspection station.
8(4)For the purposes of this section, “operator of an official testing station” refers to the owner or the lessee operator of the station or any person designated in the permit issued by the Minister to that station.
84-144; 88-264; 93-194; 2019-48
9The owner of the vehicle shall repair and maintain his vehicle in accordance with the standards outlined in section 6 upon receipt of a certificate of rejection.
84-144
10(1)Every vehicle registered in the Province of New Brunswick which has been ordered by the Minister to be tested shall be equipped with a valid certificate of inspection prior to the sale of that vehicle.
10(2)No vehicle ordered by the Minister to be tested may be transferred with respect to registration in the Province of New Brunswick unless the vehicle is equipped with a valid certificate of inspection.
10(3)For the purposes of this section, trade-in of one vehicle for another vehicle shall not be regarded as a sale with respect to the vehicle traded in.
10(4)Vehicles having been formerly registered in a province, state or country other than the Province of New Brunswick shall, within fourteen days of being registered in the Province of New Brunswick, be inspected in accordance with this Part and portray a certificate of inspection confirming such inspection.
10(5)Notwithstanding subsection (4), the Registrar may accept a valid certificate of inspection issued by the Province of Nova Scotia or the Province of Prince Edward Island as being evidence of proper inspection in the Province for the remainder of the unexpired term of such certificate of inspection.
10(6)Notwithstanding subsection (4) and subject to section 6 of the Inspection Order - Motor Vehicle Act, the Registrar shall accept a valid certificate of inspection for a bus, commercial vehicle or truck tractor with an unladen curb mass of 2250 kilograms or more or a semi-trailer, trailer or pole trailer with an assigned or configured gross mass of 4500 kilograms or more that is issued by the Yukon Territory, the Northwest Territories and the provinces of Newfoundland, Nova Scotia, Prince Edward Island, Ontario, Manitoba, Saskatchewan, Alberta and British Columbia as evidence of proper inspection in this Province for the remainder of the unexpired term of the certificate of inspection.
84-144; 93-194
II
SCHOOL BUS INSPECTIONS
11In this Part:
“approval certificate” Repealed: 84-144
“certificate of inspection” means a certificate indicating the approval of a school bus inspected by a certified mechanic in accordance with this Part;(certificat d’inspection)
“certificate of rejection” means a certificate indicating the rejection of a school bus inspected by a certified mechanic in accordance with this Part;(certificat de rejet)
“contracted conveyance” means any vehicle used by any person in the performance of a contract with a board of school trustees for any district for the conveyance of pupils;(transporteur à contrat)
“inspector” means a certified mechanic employed by the Department of Education and Early Childhood Development as a school bus inspector;(inspecteur)
“rejection certificate” Repealed: 84-144
“school board” means the board of school trustees for a school district;(conseil scolaire)
“school bus” Repealed: 84-144
“school bus testing station” means an official testing station established under section 13.(poste de vérification des autobus scolaires)
84-144; 2010, c.31, s.86
12This Part applies to the testing of school buses as ordered by the Minister in accordance with subsection 248(3) of the Act.
13(1)There are hereby established as official testing stations, for the purposes of this Part, to be known as school bus testing stations,
(a) school bus garages at which a certified mechanic is employed, and
(b) official testing stations established under Part I that have been approved by the Minister under subsection (2) for use as school bus testing stations.
13(2)The Minister may approve official testing stations as school bus testing stations.
13(3)Where a designation as an official testing station under Part I is cancelled or suspended, the approval under subsection (2) is cancelled or suspended, as the case may be.
13(4)All inspections of school buses shall be made by or under the direct supervision of a certified mechanic.
13(5)The inspection of a school bus shall consist of an inspection and a mechanical examination of
(a) the body, floor, floor sills and seat belt assemblies;
(b) the windshield and windows;
(c) the doors, including emergency exits;
(d) the horn, windshield wipers and rearview mirrors;
(e) the radiator support, front fenders, fender aprons and cowl;
(f) interior plywood floor, floor rubber, seat frames and seats;
(g) the lighting systems, including the flashing lights;
(h) the exhaust system;
(i) the braking system;
(j) the steering system;
(k) the suspension system;
(l) the wheels and tires; and
(m) the first aid kit, fire axe, emergency triangles or flares and fire extinguishers;
and the completion of a mechanical report in a form supplied by the Minister.
13(6)The standard of condition for a school bus to be approved under this Part shall be complete serviceability, to the extent that the school bus shall be in such operating condition, apparent in a reasonable inspection, that while in use it would offer no hazard to a person or property.
13(7)The school board for the district in which a school bus is operated or the owner of a contracted conveyance, in the case of a contracted conveyance, shall be responsible for the repairs and maintenance of the school bus in accordance with the standard referred to in subsection (6).
13(8)Where a motor vehicle required to be tested pursuant to an order under subsection 248(3) of the Act is used as a contracted conveyance, that motor vehicle shall, insofar as subsection (5) may be applicable having such regard to the construction and capacity of the vehicle as may be reasonable in the circumstances, be tested pursuant to this Part and upon being approved under this Part is deemed to have been approved under Part 1 as well.
84-144
14(1)Upon completion of an inspection of a school bus, the certified mechanic shall certify the school bus as approved or rejected by attaching
(i) a completed certificate of inspection to the inside lower left corner of the windshield of the school bus, or
(ii) a completed certificate of rejection to the outside lower left corner of the windshield of the school bus.
14(2)A certificate of inspection shall be valid until the end of the sixth month following the month in which the school bus was approved.
14(3)A certificate of rejection shall expire fourteen days following the date of the initial inspection during which time the school bus shall be repaired and then re-inspected at a school bus testing station.
84-144
15(1)The first three parts of the mechanical report required to be completed as part of an inspection shall be forwarded by the operator of the school bus testing section to the office of the school board for the school district in which the school bus is operated, and immediately upon receipt, the school board shall forward the second part to the Registrar of Motor Vehicles and the third part to the Supervisor of Pupil Transportation in the Department of Education and Early Childhood Development.
15(2)The school bus testing station shall retain the fourth part of the mechanical report on the premises, for a period of not less than twelve months from the date of the inspection and such mechanical report shall be available for inspection by any person.
2010, c.31, s.86
16(1)The operator of a school bus testing station shall collect from the school board or from the owner of a contracted conveyance for each school bus on which an inspection as described in section 13 has been completed an inspection fee as follows:
(a) for an inspection of a school bus or contracted conveyance with an unladen curb mass of 3499 kilograms or less, a fee of.............. $25.00
(b) for an inspection of a school bus or contracted conveyance with an unladen curb mass of 3500 kilograms or more, a fee of.............. $50.00
16(2)Notwithstanding subsection (1), no further fee shall be charged by a school bus testing station when a vehicle to which that station has issued a certificate of rejection is returned for re-inspection.
16(3)The Registrar shall supply certificates of inspection and certificates of rejection to school bus testing station operators on request and payment of a fee of two dollars for each certificate of inspection.
16(4)The operator of a school bus testing station shall charge a fee of three dollars for the replacement of a valid certificate of inspection.
83-239; 84-144; 89-148; 93-194
16.1Notwithstanding subsections 16(1), (3) and (4), where a school bus testing station has been established for the purpose of inspecting school buses owned by or leased to provincial government departments or agencies
(a) the school bus testing station operator shall not charge an inspection fee,
(b) the Registrar shall supply certificates of inspection and certificates of rejection to the school bus testing station operator upon request and without fee, and
(c) the school bus testing station operator shall not charge a fee for the replacement of a valid certificate of inspection.
83-239; 84-144
17The operator of a school bus testing station shall ensure
(a) that each school bus is properly inspected by or under the supervision of a certified mechanic, and
(b) that each inspection is performed in conformity with the procedures and standards as outlined in the official inspection station manual.
84-144
18(1)Any certified mechanic employed by the Department of Education and Early Childhood Development as a school bus inspector shall, for the purposes of this Regulation, be deemed to be a school bus inspector appointed under this Regulation.
18(2)The duties of a school bus inspector referred to in subsection (1) shall include
(a) carrying out spot inspections of school buses,
(b) reporting the results of such spot inspections to the school board or the owner of a contracted conveyance, and to the Minister of Education and Early Childhood Development, and
(c) ensuring that school bus inspections are properly carried out in accordance with section 17.
2010, c.31, s.86
19Repealed: 83-239
83-239
20Regulations 69-33 and 79-110 under the Motor Vehicle Act are repealed.
N.B. This Regulation is consolidated to December 18, 2020.