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Regulation number	Title
M-17	Motor Vehicle Act

Under subsection 265.8(1) of the Motor Vehicle Act, the Lieutenant-Governor in Council makes the following Regulation:

1This Regulation may be cited as the Trip Inspection Report and Records Regulation - Motor Vehicle Act.

2In this Regulation

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

“day” means the twenty-four hour period between midnight and midnight.(journée)

3(1)A driver of a commercial vehicle shall, for the purposes of preparing a trip inspection report, inspect the vehicle and any trailer or semi-trailer to be towed by it or cause them to be inspected before the vehicle’s first trip of the day.

3(2)If a trip lasts more than one day, the inspection required by subsection (1) shall be carried out no later than the first rest stop of each further day of the trip.

3(3)If a commercial vehicle is driven in a day by more than one driver, only the first driver to drive the vehicle has the obligation set out in subsection (1).

3(4)If a commercial vehicle’s first trip of the day is to transport passengers or goods with the object of providing relief in the case of an earthquake, flood, fire, famine, drought, epidemic, pestilence or other disaster, the inspection required under subsection (1) shall be carried out before the first trip of the day that is not for that purpose.

3(5)An inspection under subsection (1) of a commercial vehicle, trailer or semi-trailer is not required

(a) on the day that the vehicle, trailer or semi-trailer, as the case may be, has its periodic safety inspection, or

(b) if the driver is instructed

(i) to drive the vehicle only within a one hundred and sixty kilometre radius of the location at which the driver reports to work, and

(ii) to return to that location before being released for the day.

4An inspection under section 3 shall include an inspection of the items listed in Schedule A and Schedule B as set out in those schedules.

5(1)Every person who carries out an inspection under section 3 shall record on a trip inspection report the following:

(a) the date and time of the inspection;

(b) the odometer reading at the time of the inspection;

(c) the licence plate or unit number of the commercial vehicle;

(d) the licence plate or unit number of any trailer or semi-trailer towed by the commercial vehicle;

(e) the name of the carrier for whom the driver is working at the time the report is made;

(f) a list of the items required to be inspected as set out in Schedules A and B;

(g) any safety defects as disclosed in the inspection of the items listed in Schedules A and B; and

(h) the name and signature of the person who carries out the inspection.

5(2)If no safety defects of the items referred to in paragraph (1)(g) are disclosed by the inspection, the person who carries out the inspection shall state this on the trip inspection report.

5.1(1)If a commercial vehicle is driven in a day by more than one driver, each driver who gives control of the vehicle to a subsequent driver for that day shall, after making any record of safety defects in accordance with subsection 6(1), give to the subsequent driver a duplicate copy of the trip inspection report for the day.

5.1(2)Every driver of a commercial vehicle for which a trip inspection report is required to be made shall carry in the commercial vehicle the original or a duplicate copy of the trip inspection report for the day, and shall, upon the demand of a peace officer, forthwith deliver the report to the peace officer for inspection.

97-61

6(1)Every driver of a commercial vehicle shall, when the driver finishes driving the vehicle for the day, record on the trip inspection report any safety defects of the items referred to in subparagraph 5(1)(g) that the driver observed while driving or otherwise in charge of the vehicle.

6(2)A driver shall forward a trip inspection report to the carrier that owns, leases or is otherwise responsible for the commercial vehicle and any trailer or semi-trailer towed by it as soon as possible after the report is completed.

6(3)For the purposes of subsection (2) and subparagraph 8(2)(b), a trip inspection report is completed

(a) if no safety defects of the items referred to in paragraph 5(1)(g) are recorded, at the end of the day, and

(b) if a safety defect of any item referred to in subparagraph 5(1)(g) is recorded, after a person who undertakes to repair the safety defect completes the entries required under section 7.

7A person who undertakes to repair any safety defect recorded in a trip inspection report shall record in the report the date on which the repair is completed or the fact that no repair is required and shall sign the entry made by him or her on the report.

8(1)A carrier shall maintain at the carrier’s principal place of business in New Brunswick the following records for each commercial vehicle that the carrier owns, leases or is otherwise responsible:

(a) identification records, including the vehicle’s company number, if any, its make, year and vehicle identification number and, if the vehicle is not owned by carrier, the name of the person who supplies it to the carrier;

(b) a record of the repairs and maintenance of the vehicle, including the nature and dates of the repairs, inspections and maintenance operations and the odometer reading at the time they are made;

(c) a record providing the means for establishing the nature, frequency and due dates of the inspections and maintenance operations to be carried out on the vehicle; and

(d) a record of any axle or suspension modifications that affect the manufacturer’s gross vehicle weight rating or gross axle weight rating.

8(2)A carrier shall maintain at the carrier’s principal place of business in New Brunswick

(a) the records referred to in subsection (1) until the earlier of two years after the records are made and six months after the commercial vehicle ceases to be the carrier’s responsibility, and

(b) the trip inspection report for each commercial motor vehicle that the carrier owns, leases or is otherwise responsible until six months after the report is completed.

9This Regulation comes into force on August 1, 1994.

SCHEDULE A

Outside Inspection

1	Lights and reflectors (not equipped or functioning as required under the Act and the regulations)

2	Wheels and fasteners (for wheel or rim cracks, defective lock rings, loose or missing fasteners)

3	Tires (for tread depth, flat or noticeable leak, any visible bumps or bulges, mixture of bias and radial tires on same axle, contact with any part of the vehicle or any other tire)

4	Fuel system (for a visible leak at any point, tank filler caps missing, fuel tank not securely mounted)

5	Exhaust system (for audible leaks, missing or loose components, secure mountings)

6	Fifth wheel (for loose, missing or ineffective fasteners, missing, broken or deformed parts in the locking mechanism, operating handle in closed or locked position when in use)

7	Suspension, spring, air bags and controlling attachments (for any cracked, broken, loose or missing axle positioning or fastening parts, broken or missing spring leaves, broken coil springs, deflated air suspension due to system failure)

8	Towing and coupling devices as required under the Act and the regulations (for missing or unattached safety devices or safety devices not capable of secure attachment, wear kinks or broken cable strands, improper repairs)

9	Load security (for noncompliance with the requirements of the Act and the regulations)

10	Air brake adjustment and connections (for absence of braking action on each wheel, missing, broken or loose mechanical components where readily visible, audible air leaks and brake readjustment limits)

11	Hydraulic brake fluid (for inadequate level and for visible leakage)

12	Power steering fluid (for inadequate level and for visible leakage)

13	Mirrors (not equipped as required under the Act and the regulations, poor condition, not adjusted properly)

SCHEDULE B

Inside Inspection

1	Steering wheel (excessive play, looseness)

2	Brake pedal reserve and fade

3	Brake booster operation

4	Brake failure warning light functions as intended

5	Brake air pressure or vacuum gauge

6	Warning signal, low pressure or low vacuum

7	Windshield washer and wipers function as intended

8	Windshield and windows afford the driver a clear view

9	Mirrors, adjustment and condition

10	Defroster and heaters function as intended

11	Horn functions as intended

12	Driver’s seat belt and seat security function as intended

13	Parking brake adequate to hold vehicle

14	Emergency equipment as required by any Act or regulations for that class of vehicle

N.B. This Regulation is consolidated to June 30, 1997.

94-77 - Trip Inspection Report and Records

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