Section 191: Exemption certificate, hours of work for commercial motor vehicle drivers

Ontario

Highway Traffic Act

Part X: Rules of the Road

(1) An operator may apply in writing to the Registrar for a certificate exempting the operator and any driver employed by or contracted to the operator from any requirement prescribed by the regulations made under clause 190 (7) (c) regarding hours of work. R.S.O. 1990, c. H.8, s. 191 (1).

Issuance

(2) On an application under subsection (1), the Registrar may issue the certificate applied for granting an exemption from any requirement prescribed by a regulation made under clause 190 (7) (c) if the Registrar is satisfied that the operator applying for the certificate has a genuine need for it and the issuance of the certificate is unlikely to jeopardize the safety or health of any person. 2016, c. 5, Sched. 12, s. 8.

Same

(3) On an application under subsection (1), the Registrar shall issue a certificate granting the exemptions that are set out in the regulations from requirements prescribed by a regulation made under clauses 190 (7) (a), (b) and (c) if the operator applying for the certificate or the vehicle in respect of the which the exemption is to apply belongs to a class specified in the regulations. 2016, c. 5, Sched. 12, s. 8.

Conditions

(4) A certificate issued under subsection (2) may contain any conditions that the Registrar considers appropriate and a certificate is subject to the conditions contained in it. 2016, c. 5, Sched. 12, s. 8.

Same

(5) A certificate issued under subsection (3) shall contain the conditions that are prescribed in the regulations and a certificate is subject to those conditions. 2016, c. 5, Sched. 12, s. 8.

Effect of certificate

(6) Subject to subsection (8), a certificate issued under subsection (2) exempts the operator to whom it is issued and any driver employed by or contracted to that operator from those requirements prescribed by the regulations made under clause 190

(7) (c) that are set out in the certificate. 2016, c. 5, Sched. 12, s. 8.

Same

(7) Subject to subsection (8), a certificate issued under subsection (3) grants the operator to whom it is issued and any driver employed by or contracted to that operator the exemptions that are set out in the regulations from requirements made under clauses 190 (7) (a), (b) and (c). 2016, c. 5, Sched. 12, s. 8.

Where certificate does not apply

(8) A certificate issued under this section does not apply to exempt,

(a) an operator who is in contravention of any condition set out in the certificate;

(b) a driver who is in contravention of any condition set out in the certificate or who is in contravention of subsection (10); or

(c) an operator for whom a driver referred to in clause (b) is working. 2016, c. 5, Sched. 12, s. 8.

Duration

(9) A certificate is valid during the period set out in the certificate, which period, in the case of a certificate issued under subsection (2), shall not exceed 12 months. 2016, c. 5, Sched. 12, s. 8.

Certificate to be produced for inspection

(10) A driver claiming an exemption under a certificate issued under this section shall carry the certificate or a true copy of it and produce the certificate or copy for inspection upon the demand of a police officer or an officer appointed for the purpose of carrying out the provisions of this Act. 2016, c. 5, Sched. 12, s. 8.

Regulations

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

(a) prescribing classes of operators or vehicles for the purpose of subsection (3);

(b) prescribing the exemptions granted under a certificate issued under subsection (3), and the conditions that apply to such exemptions;

(c) prescribing different requirements that apply to operators or vehicles exempted under a certificate issued under subsection (3) instead of the requirements set out in a regulation made under clause 190 (7) (a), (b) or (c), as the case may be. 2016, c. 5, Sched. 12, s. 8.

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