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Application
Vehicles regulated under the cargo securement regulation are as follows, including trailers towed by any of these vehicles:
- Regulated vehicles that are motor vehicles;
- Regulated vehicles that are trailers; or
- Trailers that are not regulated vehicles but which are towed by a regulated vehicle.
Requirements
National Safety Code (NSC) Standard 10, Cargo Securement, as approved September 23, 2004, and as amended after that date, is adopted and forms part of the Manitoba regulation except for the definition of vehicle. The standard may be found at http://tinyurl.com/nsc10cargo. NSC Standard 10 was updated effective June 2013 to require friction mats to be marked by the manufacturer with the maximum usable friction resistance (if the mats are to be considered part of a cargo securement system), to add proper securement requirements for transverse rows of metal coils, and to correct a difference between the requirements in the standard and the current designs of integral locking devices on intermodal containers.
A person who owns a vehicle, a motor carrier that operates a vehicle, or a person (not a motor carrier) who operates a regulated vehicle, must not drive or permit a driver to drive a vehicle that does not comply with the cargo securement regulation, does not take any action that the regulation requires the driver to take, or if the cargo being transported is not contained, covered, or secured according to the cargo securement regulation.
Cargo transported by any vehicle (including non-National Safety Code [NSC] vehicles) must be contained, covered, immobilized, or secured so that it cannot leak, spill, blow off of, fall from, fall through, or be dislodged from the vehicle, or, shift to the extent that the driveability or maneuverability of the vehicle is negatively affected. All drivers, including drivers of non-NSC vehicles, may not drive if the cargo is not secured.
In addition to NSC Standard 10, any portion of a load of sand, gravel, ore, slag, salt, or particles 40 millimetres in diameter or smaller, or waste, or shredded scrap metal that is not enclosed by the vehicle must be covered with a covering that is a tarp, canvas, wire mesh, net and that covering must be secured to the vehicle/container. All drivers, including drivers of non-NSC vehicles, may not drive if the cargo is unsecured.
A copy of Manitoba’s Cargo Securement Regulation 37/2005 can be found on the Manitoba Government Website at http://tinyurl.com/Manitobacargo.
Law
Highway Traffic Act, section 61
Regulation
Cargo Securement Regulation 37/2005