Reclassifying Road Building Machines
Published on: 09/03/2016
The Ministry of Transportation (MTO) has posted its official Road Building Machines (RBM) legislative and regulatory change proposal for public comment. The classification change is presently scheduled for a "soft" implementation on January 1, 2017, followed by an education period of one year where companies will have to update the records and registrations in order to become fully compliant by the "hard" implementation date of January 1, 2018, when fines for non-compliance will begin.
Based on the proposal, certain pieces of heavy equipment currently defined as RBMs will be reclassified as a commercial motor vehicles (CMV). The proposed definition change will read:
1. (1) The definition of "road-building machine" in subsection 1 (1) of the Highway Traffic Act is repealed and the following substituted:
"road-building machine" means a self-propelled vehicle of a design commonly used in the construction or maintenance of highways that,
(a) belongs to a class of vehicle prescribed in the regulations,
(b) has the features or equipment prescribed in the regulations, or
(c) is being used as prescribed in the regulations; ("machine à construire des routes")
The actual definition of RBM has, therefore, been left for the new regulations (not yet posted for review), which allows for future revisions as new equipment is brought to market.
Equipment that will no longer meet the modified RBM definition will be required to comply with all the corresponding rules and regulations for CMVs, including:
|Vehicle permits (licence plates and registration);||Vehicle weights and dimensions (required for CMVs and RBMs);|
|Driver's licence;||Drive Clean testing;|
|Safety inspections (daily, annual, and safety standards certificate);||Automobile insurance; and|
|Commercial Vehicle Operators' Registration (CVOR);||Fuel tax.|
|Hours of Service (proposed deferral);|
Equipment that remains classified as a RBM will now be limited to operating 40 km/h and will require slow moving vehicle signs. Additional, restrictions will also be imposed to restrict a RBM from carrying a load (language not yet available for review).
As part of this change process, certain exemptions from the new rules/requirements will be instituted, including:
• Certain pieces of equipment that operate over the allowable vehicle weights and dimensions limits due to their manufacturing design will be grandfathered in under current rules. The upper weight limit of the permitted allowance is to be determined, but will not exceed manufacturer's gross vehicle weight rating or axle weight ratings.
• A proposed deferral for former RBMs that have not been registered as a CMV from Hours of Service requirements for a set period of time (i.e. five-years)
As soon as we receive further information on the corresponding regulatory changes, we will circulate to all members for their review and comment. If you have any questions or comments on the proposed RBM changes or any feedback that you would like to see inserted into the OSWCA response, please contact Patrick McManus (905-629-7766 ext. 222 or email@example.com).
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