Acts and Regulations

84-301 - General

Table of contents
Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 84-301
under the
Motor Carrier Act
(O.C. 84-1079)
Filed December 20, 1984
Under section 17 of the Motor Carrier Act, the Lieutenant-Governor in Council approves the following Regulation made by the Board:
Citation
1This Regulation may be cited as the General Regulation - Motor Carrier Act.
Definitions
2In this Regulation
“Act” means the Motor Carrier Act;(loi)
“Secretary” means the Secretary of the Board.(secrétaire)
95-127
3Repealed: 88-146
88-146
Licence not granted
4Except by leave of the Board, where the Board hears an application and does not make an order that a licence be granted, no application for that licence shall be heard until twelve months have elapsed from the date of the hearing of the application.
5Repealed: 88-146
88-146
Service of notice of hearing
6(1)Notice of hearing shall be served by the applicant on any competing common carrier and on the mayor of any local government to or through which the proposed transportation service is to be operated.
6(2)Repealed: 95-127
95-127; 2005-92; 2017, c.20, s.102
7Repealed: 95-127
95-127
8Repealed: 95-127
95-127
9Repealed: 88-146
88-146
10Repealed: 95-127
95-127
Manner of service
11Service of any notice or other document required by the Act shall be by personal service or by registered letter.
Class of licence
12There shall be only one class of licence for public motor buses.
13Repealed: 95-127
95-127
Term of licence, reinstatement of licence
14(1)Upon payment of the prescribed fee on or before the fifteenth day of May of each year, a licence granted under section 3 of the Act shall continue in force until
(a) it terminates in accordance with any time limitation contained on the face of the licence,
(b) it is revoked by the Board, or
(c) it expires by operation of the Act or this Regulation.
14(2)If a licence holder fails to pay the prescribed fees on or before the fifteenth day of May in any year, the licence expires on the fifteenth day of May in that year.
14(3)Where a licence has expired pursuant to subsection (2), the former licence holder may request reinstatement of that licence and the Board may reinstate the licence upon payment in full of the fees prescribed by subsections 19(8) and 20(1).
14(4)A former licence holder may apply for reinstatement of a licence only
(a) within twelve months of its expiry; and
(b) if the fees prescribed by subsections 19(8) and 20(1) accompany the application.
14(5)A reinstated licence is subject to expiry in accordance with subsection (2) regardless of the date of reinstatement.
95-127
15Repealed: 95-127
95-127
Plate
16(1)Repealed: 95-127
16(2)Repealed: 95-127
16(2.1)The Board, at the time of granting a licence to operate a public motor bus, or when reinstating a licence, shall issue to the licensee a plate for each public motor bus operated by the licensee.
16(2.2)Every licensee referred to in subsection (2.1) shall attach the plate to the front of the public motor bus to which it refers.
16(3)No person shall display any plate issued under the Act or this Regulation on any vehicle other than that for which the plate was issued.
93-113; 95-127
Transfer of licence and plate or certificate
17Where the holder of a licence applies to replace the public motor bus in respect of which the licence is in effect with another public motor bus in respect of which no licence is in effect, the Board may permit the licence and plate or certificate, as the case may be, to be transferred to the substituted public motor bus upon payment of a transfer fee of twenty dollars and any difference in the fees provided in this Regulation for the substituted public motor bus, if the substituted public motor bus is of a higher classification.
93-113; 95-127
18Repealed: 95-127
95-127
Fees
19(1)Upon the application for a licence, the applicant shall pay a fee to the Board of thirty dollars and such fee is to accompany the written application referred to in section 4 of the Act.
19(2)Repealed: 95-127
19(3)Upon the initial granting of a licence and issuing of plates, the licensee shall pay for each public motor bus operated by him a fee equal to seven per cent of the annual registration fee prescribed by the General Regulation - Motor Vehicle Act for that public motor bus.
19(4)The fees referred to in subsection (3) shall be computed to the nearest dollar.
19(5)Notwithstanding subsection (3), the fees referred to in subsection (3) shall not be less than twenty-five dollars.
19(6)Upon the granting of a temporary authority pursuant to subsection 4(7) of the Act, the grantee shall pay a fee of twenty dollars.
19(7)Upon the granting of a licence which has been altered or amended, the licensee shall pay a fee of thirty dollars.
19(8)Upon the reinstatement of a licence which has been suspended, revoked or expired, the licensee shall pay a fee of ten dollars.
19(9)For replacement of a lost plate or certificate, the licensee shall pay a fee of twenty dollars.
19(10)Repealed: 95-127
93-113; 95-127
Annual fees
20(1)On or before the fifteenth day of May of each year, a licensee shall pay for each public motor bus operated by the licensee under the licence an annual fee equal to seven per cent of the annual registration fee prescribed by the General Regulation - Motor Vehicle Act for that public motor bus.
20(2)Fees referred to in subsection (1) shall be computed to the nearest dollar.
20(3)Notwithstanding subsection (1), the fees referred to in subsection (1) shall not be less than twenty-five dollars.
95-127
21Repealed: 95-127
95-127
22Repealed: 95-127
95-127
23Repealed: 95-127
95-127
24Repealed: 95-127
95-127
25Repealed: 95-127
95-127
26Repealed: 95-127
95-127
27Repealed: 95-127
95-127
28Repealed: 95-127
95-127
29Repealed: 95-127
95-127
30Repealed: 95-127
95-127
31Repealed: 95-127
95-127
32Repealed: 95-127
95-127
33Repealed: 95-127
95-127
34Repealed: 95-127
95-127
35Repealed: 95-127
95-127
Fire extinguishers
36(1)Subject to subsection (3), every public motor bus shall be equipped with at least one U.L.C. rated fire extinguisher.
36(2)Fire extinguishers shall
(a) be at least five pounds, and
(b) shall be A, B, C dry chemical or carbon dioxide.
36(3)Carbon tetrachloride, halon or chlorobromomethane fire extinguishers (vaporizing liquid fire extinguishers) shall not be used in public motor buses.
36(4)Fire extinguishers installed pursuant to subsection (1) shall be kept in satisfactory operating condition and shall be readily accessible to the driver at all times.
95-127
37Repealed: 2006-31
2006-31
38Repealed: 95-127
95-127
39Repealed: 95-127
95-127
40Repealed: 95-127
95-127
41Repealed: 95-127
95-127
42Repealed: 95-127
95-127
43Repealed: 95-127
95-127
44Repealed: 95-127
95-127
45Repealed: 95-127
95-127
46Repealed: 95-127
95-127
47Repealed: 95-127
95-127
48Repealed: 95-127
95-127
Bank account, remittance
49(1)Repealed: 95-127
49(1.1)Repealed: 95-127
49(2)A licensed motor carrier transporting goods and chattels or other freight payable cash on delivery must keep all moneys thus received in a separate bank account and remit to whom it is due within seven days following delivery.
88-146; 95-127
Registration numbers
50While a licence remains in force, the holder thereof shall file in the office of the Board as soon as he has received the same and annually thereafter, the registration numbers of the motor vehicles being operated under such licence.
51Repealed: 89-180
89-180
Liability insurance – public motor bus
52The insurance required under subsection 6(1) of the Act in respect of each public motor bus operated by a licensed motor carrier shall be motor vehicle liability insurance as follows:
(a) in respect of any one accident, a minimum of one million dollars, exclusive of interest and costs, against loss or damage resulting from bodily injury to or the death of one or more persons and loss of or damage to property; and
(b) for each public motor bus with a seating capacity of
(i) twenty persons or fewer, not less than two million dollars against loss or damage resulting from bodily injury to or death of one or more passengers, and
(ii) more than twenty persons, not less than three million dollars against loss or damage resulting from bodily injury to or death of one or more passengers.
95-127
53Repealed: 95-127
95-127
Liability insurance – van
54(1)The insurance required under subsection 13(1.2) of the Act in respect of each motor vehicle used for vanpool purposes shall be motor vehicle liability insurance as follows:
(a) in respect of any one accident, a minimum of one million dollars, exclusive of interest and costs, against loss or damage resulting from bodily injury to or the death of one or more persons and loss of or damage to property; and
(b) not less than two million dollars against loss or damage resulting from bodily injury to or death of one or more passengers.
54(2)Proof of insurance for the purpose of subsection 13(1.2) of the Act shall be as follows:
(a) a form as prescribed by the Board; or
(b) a certified copy of the operator’s insurance policy.
95-127
55Repealed: 95-127
95-127
Application
56This Regulation applies to operators of public motor buses engaged in the carriage of passengers and freight, under the Motor Vehicle Transport Act, chapter M-14, Revised Statutes of Canada, 1970, and the Motor Carrier Act.
95-127
BILL OF LADING RELATING TO THE CARRIAGE OF FREIGHT BY A MOTOR CARRIER
Repealed: 95-127
95-127
57Repealed: 95-127
95-127
58Repealed: 95-127
95-127
Repeal
59Regulation 109, Statutory Orders and Regulations, 1963, under the Motor Carrier Act is repealed.
N.B. This Regulation is consolidated to January 1, 2018.