Section 111: Loading vehicles

Ontario

Highway Traffic Act

Part VII: Load and Dimensions

Overhanging load

(1) Every vehicle carrying a load which overhangs the rear of the vehicle to the extent of 1.5 metres or more while on a highway shall display upon the overhanging load at the extreme rear end thereof at any time from one-half hour before sunset to one-half hour after sunrise, or at any other time when there is insufficient light or unfavourable atmospheric conditions, a red light, and at all other times a red flag or a red marker sufficient to indicate the projection of the load. R.S.O. 1990, c. H.8, s. 111 (1).

Proper loading

(2) No person shall operate or permit to be operated upon a highway a motor vehicle that carries a load or draws a vehicle that carries a load unless the load is loaded, bound, secured, contained or covered so that no portion of the load may become dislodged or fall, leak, spill or blow from the vehicle. 2002, c. 18, Sched. P, s. 26.

Same, commercial motor vehicle

(2.1) No person shall operate or permit to be operated upon a highway a commercial motor vehicle that carries a load or draws a vehicle that carries a load unless the load is loaded, bound, secured, contained or covered in accordance with the regulations. 2002, c. 18, Sched. P, s. 26.

Inspections

(2.2) No person shall drive upon a highway a commercial motor vehicle that carries a load or a commercial motor vehicle that draws a vehicle carrying a load unless the prescribed inspections have been carried out. 2002, c. 18, Sched. P, s. 26.

Regulations

(3) The Lieutenant Governor in Council may make regulations,

(a) governing the manner of loading, binding, securing, containing or covering loads on commercial motor vehicles operated on highways;

(b) prescribing standards and specifications of equipment and material used to load, bind, secure, contain or cover loads on commercial motor vehicles;

(c) governing the inspection of,

(i) loads on commercial motor vehicles or on vehicles drawn by a commercial motor vehicle, and

(ii) equipment and material used to load, bind, secure, contain or cover loads on commercial motor vehicles or on vehicles drawn by a commercial motor vehicle;

(d) requiring operators and drivers of commercial motor vehicles to keep the documents and records that may be specified in the regulations and requiring the submission of those documents and records, upon request, to a police officer or officer appointed for carrying out the provisions of this Act;

(e) prescribing things, including the material used to load, bind, secure, contain or cover a load, that are part of a load for the purposes of this section;

(f) exempting any class of vehicle or person from this section or from any provision in a regulation made under this section. 2002, c. 18, Sched. P, s. 26.

Classes

(3.1) A regulation made under subsection (3) may designate classes of vehicles, highways or persons and may provide that the regulation applies or does not apply to a particular class or applies differently to different classes. 2002, c. 18, Sched. P, s. 26.

Exemptions

(3.2) The Registrar may exempt any person, vehicle or highway from any provision in the regulations, subject to any conditions that the Registrar considers appropriate. 2002, c. 18, Sched. P, s. 26.

Incorporation by reference

(3.3) A regulation under clause (3) (a), (b) or (c) that incorporates another document by reference may provide that the reference to the document includes amendments made to the document from time to time after the regulation is made. 2002, c. 18, Sched. P, s. 26.

Penalty

(4) Every person who contravenes this section or a regulation made under subsection (3) is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $200 and, in addition, his or her driver's licence issued under section 32 and the person's permit issued under section 7 may be suspended for a period of not more than sixty days. R.S.O. 1990, c. H.8, s. 111 (4).

Same - commercial motor vehicle

(5) Despite subsection (4), every person who contravenes this section or a regulation made under subsection (3) is guilty of an offence and, if the offence was committed by means of a commercial motor vehicle within the meaning of subsection 16 (1), on conviction is liable to a fine of not less than $200 and not more than $20,000 and, in addition, his or her driver's licence issued under section 32 and permit issued under section 7 may be suspended for a period of not more than 60 days. 1996, c. 20, s. 26.

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© King's Printer for Ontario, 2012-2021. The text is not the official version of Ontario's Highway Traffic Act or associated regulations. For official text, refer to www.ontario.ca/laws.