Highway Traffic Act
Code de la route
REGULATION 588
Amended to O. Reg. 667/00
EXEMPTION FROM SECTION 7 OF THE ACT — AMERICAN STATES
Note: This Regulation was revoked on April 1, 2001. See: O. Reg. 667/00, ss. 1, 2.
This Regulation is made in English only.
1. In this Regulation,
“place of business” means the terminal, warehouse, office, garage or permanent address at which an employee reports and performs regular and continuing service for the owner or lessee of a commercial motor vehicle or for a household goods carrier or the carrier’s agent. R.R.O. 1990, Reg. 588, s. 1.
2. (1) A commercial motor vehicle is exempt from section 7 of the Act during its stay in Ontario, for a period of up to thirty days beginning with the day the vehicle enters Ontario if,
(a) the vehicle is owned or leased by a person who has a place of business in a state of the United States of America listed in Schedule 1;
(b) the vehicle is registered in the state;
(c) the vehicle has a base in the state,
(i) from which it is most frequently dispatched, operated or otherwise controlled,
(ii) at which it is garaged, serviced or maintained, or
(iii) from which it leaves and to which it returns in its normal operations;
(d) the vehicle bears number plates issued for the vehicle by the state except where the registration referred to in clause (b) is temporary; and
(e) the vehicle has a gross weight, including the gross weight of any towed vehicles, not exceeding the gross weight shown on the permit issued by the state. R.R.O. 1990, Reg. 589, s. 2 (1); O. Reg. 85/98, s. 1.
(2) The exemption under subsection (1) ceases to apply upon the vehicle picking up goods or passengers in Ontario for delivery in Ontario if the vehicle,
(a) is used or maintained to transport goods or passengers for compensation or in furtherance of a commercial enterprise; or
(b) weighs more than 2800 kilograms and does not have a camper unit mounted on it as a functional part.
(3) The exemption under subsection (1) ceases to apply upon the Minister notifying the owner or lessee of the vehicle that in the opinion of the Minister the conditions set out in subsection (1) are not being met. R.R.O. 1990, Reg. 589, s. 2 (2, 3).
3. (1) A commercial motor vehicle is exempt from clauses 7 (1) (b) and (c) of the Act during its stay in Ontario, for a period of up to 30 days beginning with the day the vehicle enters Ontario if,
(a) the vehicle is owned or leased by a person who has a place of business in a state of the United States of America listed in Schedule 2;
(b) the vehicle is registered in the state;
(c) the vehicle has a base in the state,
(i) from which it is most frequently dispatched, operated or otherwise controlled,
(ii) at which it is garaged, serviced or maintained, or
(iii) from which it leaves and to which it returns in its normal operation;
(d) the vehicle bears number plates issued for the vehicle by the state except where the registration referred to in clause (b) is temporary;
(e) the vehicle has a gross weight, including the gross weight of any towed vehicles, not exceeding the gross weight shown on the permit issued by the state; and
(f) all applicable fees under Regulation 628 of the Revised Regulations of Ontario, 1990 have been paid in respect of the vehicle, including any fee, prorated according to the distance that the vehicle was operated in Ontario in the previous year, required by Schedule 1 or 3 of that Regulation.
(2) The exemption under subsection (1) ceases to apply upon the vehicle picking up goods or passengers in Ontario for delivery in Ontario if the vehicle,
(a) is used or maintained to transport goods or passengers for compensation or in furtherance of a commercial enterprise; or
(b) weighs more than 2800 kilograms and does not have a camper unit mounted on it as a functional part.
(3) The exemption under subsection (1) ceases to apply upon the Minister notifying the owner or lessee of the vehicle that in the opinion of the Minister the conditions set out in subsection (1) are not being met. O. Reg. 85/98, s. 2.
SCHEDULE 1
Alabama |
New Jersey |
R.R.O. 1990, Reg. 588, Sched.; O. Reg. 496/93, s. 1.; O. Reg. 21/94, s. 1; O. Reg. 187/94, s. 1; O. Reg. 432/95, s. 1; O. Reg. 85/98, s. 3 (2).
SCHEDULE 2
Montana
O. Reg. 85/98, s. 4.
