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Safety fitness certificates
New Brunswick’s requirement for a safety fitness certificate applies to persons, defined as a carrier, who are responsible for the operation of a commercial vehicle for the transporting of goods or passengers. Commercial vehicles including trucks, tractors, trailers or combination thereof with a registered gross weight of 4,500 kilograms, and buses designed, constructed and used for the transportation of passengers with a designated seating capacity of more than 10 people, including the driver, but excludes the operation for personal use.
New Brunswick has not yet issued safety fitness certificates. Currently, it is sufficient to have the carrier’s National Safety Code number printed on the registration certificate. The number on the certificate is equivalent to having a safety fitness certificate. In the future, New Brunswick does intend to issue certificates.
Carrier profiles
The carrier profile is a uniform procedure for monitoring of a carrier’s safety record and fitness to operate. The procedure includes a process which is designed to assist carriers who develop a poor record and to take corrective action in the form of license or registration suspension or cancellation if necessary.
The carrier and commercial vehicle profiles are based on a demerit point system. Demerit points are entered against the carrier or drivers record when a conviction occurs following violations of the Safety Act and Regulations. The points vary from 1 to 10 depending on the seriousness of the offense and the points remain on the record for a period of two years. Commercial Vehicle Safety Alliance (CVSA) inspections and reportable collisions (those which result in injury or death, or property damage of over $1,000) will be recorded on the carrier profile.
The allowable number of demerit points for each carrier depends on the fleet size. Sanctions will be implemented should the carrier reach the 100% level.
The review process is built on a four stage program as follows:
| Advisory: | When a carrier’s accumulated demerit points exceeds 25%, the Registrar will notify the carrier in writing to that fact, and that an inspection or audit may be carried out. |
| Warning: | If the carrier’s accumulated demerit points reaches the 60% level, a warning will be issued and an inspection or audit may be carried out. The carrier should immediately implement safety procedures which prevent further violations and a need to attend an interview. |
| Interview: | At 85% the carrier’s ability to operate safely is questionable and must attend an interview with the National Safety Code Committee. The carrier must agree to take corrective action which would drastically improve the record. |
| Show/Cause Hearing: | If the first three steps fail to correct the carrier’s poor safety practices, sanctions will be imposed at the 100% level unless the carrier is able to show cause to the contrary. Failure to appear at the show/cause hearing will result in the immediate imposition of sanctions, such as suspension or cancellation of licenses or registrations. |
For information on how to access the carrier profile in New Brunswick, email Service New Brunswick at snb@snb.ca.
Law
Motor Vehicle Act 265.3, 265.8.
Regulation
Carrier Profile and Compliance Regulation 2004-6.
Facility audits
The Facility Audit Standard allows for an in-depth inspection by government personnel, of carriers who have lost 25% or more of their demerit points. The inspection will include the audit of hours of service, trip inspection reports, drivers files and vehicle maintenance files, to ensure the carrier is maintaining the required records as well as complying with all applicable safety standards.
The facility audit serves as a means of evaluating a carrier’s compliance performance using consistent and nationally accepted guidelines. It will establish the degree to which the carrier uses the safest possible drivers and vehicles. The audit will produce the driver/vehicle compliance percentage.
Carrier are required to assemble and maintain, at the carrier’s principal place of business in New Brunswick, the following records that are subject to audit:
- Up-to-date profiles on all drivers engaged by the carrier to drive a commercial vehicle on the carrier’s behalf, including the carrier if the carrier is a driver;
- All inspection and vehicle maintenance records required under the Act and the Regulations and copies of all reports issued by peace officers respecting the safety, road-worthiness, mechanical condition or other aspects of the commercial vehicles of which the carrier is the registered owner or lessee;
- All records that the carrier is required to maintain under the Commercial Vehicle Drivers Hours of Service Regulation - Motor Vehicle Act;
- Records of the particulars of all defects that have been repaired as a result of trip inspections, in commercial vehicles owned by or driven by the carrier or driven by a driver engaged by the carrier to drive a commercial vehicle on the carrier’s behalf;
- Copies of driver’s license of all drivers engaged by the carrier to drive a commercial vehicle on the carrier’s behalf, including the carrier if the carrier is a driver; and
- If the carrier or any driver engaged by the carrier to drive a commercial vehicle on the carrier’s behalf, transports dangerous goods, as defined in the Transportation of Dangerous Goods Act, records of the particulars of the relevant training of all staff involved in the transportation of dangerous goods.
Law
Motor Vehicle Act 265.8
Regulation
Carrier Profile and Compliance Regulation 2004-6