Proposed Amendments to Ontario Regulation 413/05 (Vehicle Weights and Dimensions - For Safe, Productive, Infrastructure-Friendly (SPIF) Vehicles)
O. Reg. 413/05
Bill or Act:
Highway Traffic Act
Summary of Proposal:
The Ministry of Transportation ("MTO") is proposing a minor modification to both the language and the manufacturing application date in Regulation 413/05, as follows:
- Remove the current requirement for the optional emergency lift axle override control to be "separate and independent from the 4-way flasher" from trucks or tractors built after January 1, 2020; and
- Modify the date of application for this section from January 1, 2020 to January 1, 2024.
- Clarify previous wording to reflect this section of the regulation applies to trucks as well as semi-trailers drawn by a (truck) tractor and a recently identified typo in Schedule 30 of Ontario Regulation 413/ that states, "Tandem to Tridem" rather than "Tridem to Tridem".
Analysis of Regulatory Impact:
Regulatory amendments approved in 2019 required that steerable lift axle controls for SPIF trucks and tractors built on or after January 1,2020 must be on a separate and independent switch from the 4-way flashers. The proposed amendments provide flexibility to manufacturers of steerable lift axle controls. There is also a housekeeping change to clarify which semi-trailers the regulation applies to when towed by a (truck) tractor.
Steerable lift axle controls are switches/levers that can raise and lower a steerable lift axle via driver inputs. Steerable lift axles are designed to be lowered and in use at all times when a vehicle is loaded. However, MTO understands that in emergency situations the ability to lift the steerable axle to increase traction on the remaining axles is required by operators of these vehicles.
Subsequent to approval of the 2019 regulations, manufacturers requested flexibility to develop an alternative solution that acts immediately, but not independent of the 4-way flashers while meeting the needs of customers and the safety intention of the regulation.
As this solution is in keeping with the spirit and intent of the regulatory framework, MTO is proposing to modify Regulation 413/05 by indicating a new applicable date of January 1, 2024 and by removing the requirement for controls to be" separate and independent from the 4-way flasher control." Additionally, MTO will make a housekeeping change to clarify the emergency lift axle override control rules apply to trucks as well as semi-trailers drawn by a (truck) tractor.
Because of recognized difficulties in complying with the 2019 amendments, MTO deferred enforcement. The proposed modifications of the regulation will not impact trucks built prior to 2024. Those built without an independent switch will now be recognized by regulation. Even in cases where trucks were built with an independent switch, the elimination of the requirement for such a switch will not make them non-compliant.
This regulatory amendment will result in no new costs to business or vehicle owners (individuals) and will result in an estimated savings of $3500 per vehicle (manufactured between 2020 and 2023 with the alternative solution) and Ontario wide savings of $3,650,000.
February 6, 2023
Comments Due Date:
March 23, 2023
Carrier Program Development Office
301 St Paul St
Ontario L2R 7R4