Act

Road-Building Machines

Regulation Number(s):
N/A
Bill or Act:
Highway Traffic Act
Summary of Proposal:
Ministry of Transportation (MTO) has reviewed the current definition of a road-building machine (RBM) under the Highway Traffic Act (HTA). RBMs are exempt from many obligations under the HTA and other legislation that relies on the HTA for vehicle classifications.

Historically, RBMs required these exemptions to legally operate on a highway. Over the years, manufacturers began building these machines very similar to other commercial motor vehicles (CMV) and there is no longer a need for these exemptions.

On February 29, 2016 the government introduced the legislative amendments to the HTA in support of the RBM status change. Please see the attachment for details.

Vehicles that do not meet the new RBM definition will be classified as CMVs, and as such, will be required to comply with safety regulations.

Vehicles that remain classified as a RBM will be limited to operating 40km/h on Ontario roadways with the use of a slow moving vehicle sign. Additional, restrictions have been included to restrict a RBM from carrying a load.

To assist industry with the transition from RBM to CMV the proposal includes the following:

1. While RBMs are not exempt from Ontario's weight and dimensions rules in the HTA, in practice the operators have acted as if the weight rules did not apply to their vehicles, which has not been the case. MTO has identified some vehicles currently operating over weight due to design.
The proposal outlines grandfathering provisions. 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.

2. MTO recognizes the requirement to comply with Hours of Service (HOS) will have an impact on current business practices. As a result, MTO has proposed a deferral for former RBMs that have not been registered as a CMV from HOS requirements for a set period of time (i.e. five-years)

Final approval is anticipated by Summer 2016 with an implementation date of January 1, 2017.
Further Information:
Proposal Number:
16-MTO021
Posting Date:
March 4, 2016
Comments Due Date:
April 30, 2016
Contact Address:
Carrier Safety Policy Office
Carrier Safety and Enforcement Branch
3rd Fl-301 St. Paul St
St Catharines ON L2R 7R4