| Interpretation of Compliance in Alberta for Municipal Firefighting Vehicles |
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| Thursday, 01 March 2007 | ||||||||||
Background InformationAlberta's transportation legislation related to the safe operation of municipal firefighting vehicles is guided by a set of national standards called the National Safety Code (NSC). This is a consolidated approach to road safety providing clarity for all road users including drivers, registered owners of vehicles, enforcement agencies and the motoring public. The Alberta Traffic Safety Act and its associated regulations generally conform to these standards. Alberta, along with other Canadian jurisdictions, is ensuring consistent safety standards across the country. The Alberta legislation specifies that any motor vehicle that is not a "private passenger vehicle" is a "commercial vehicle". Firefighting vehicles registered to a municipality fall within the definition of a commercial vehicle and the municipality is bound by the regulations governing the operation of these vehicles on the highway. When a firefighting vehicle is registered for (or should be registered for) 11,794 kilograms or more, then it is in Alberta's NSC program. It is the responsibility of the registered owner of such a vehicle (i.e. the municipality) to meet all applicable regulatory requirements including:
In addition, if any commercial vehicle registered for more than 4,500 kilograms travel or intend to travel outside of Alberta, then starting January 1, 2006, some legislative requirements apply. For these vehicles and their drivers, the municipality's safety and maintenance programs (including driver and vehicle files) must include them. Note that a single combined permit (with multiple options) may be available to municipal fire departments to address several possible regulatory exemptions including:
Firefighting vehicles must be registered for at least the maximum weight they transport. In addition, no firefighting vehicle can be registered for less than one-half the allowed weight (usually calculated as the maximum weight that the tires are capable of handling). Any firefighting vehicles that are registered for less than the legal minimum (e.g. for zero kilograms) must be reregistered to their appropriate weight. There is an exemption from the Alberta Drivers' Hours of Service Regulation (AR 317/2002) for the operation of an emergency vehicle as defined in the Traffic Safety Act. This exemption does include the drivers of municipal firefighting vehicles registered in Alberta. However, to help protect firefighters and the motoring public, it is recommended that the registered owner of any municipal firefighting vehicle should implement policies to effectively manage driver fatigue. Dedicated municipal firefighting vehicles and the drivers of those vehicles are also exempt from the Transportation of Dangerous Goods Regulations provided the dangerous goods are transported only in quantities necessary to respond to an emergency. The following definitions are specified either in the Traffic Safety Act or the Commercial Vehicle Certificate and Insurance Regulation (AR 314/2002) and are provided here to help ensure consistent understanding of this document and of the applicable legislation.
This document is intended as an overview of the regulatory requirements as they apply to municipal firefighting vehicles. It does not address all required information for fire departments or municipalities and does not include requirements under the National Safety Code for buses; moving violations, operator's license classification or vehicle licensing requirements. For more detailed information, the reader should consult the Traffic Safety Act and/or the appropriate regulations and other background information available on Alberta Infrastructure and Transportation's web site at www.infratrans.gov.ab.ca. Regulatory RequirementsA. Safety Program and Safety Officer Section 40(1) of the Commercial Vehicle Certificate and Insurance Regulation (AR 314/2002) specifies that the registered owner of a municipal firefighting vehicle registered for 11,794 kilograms or more must establish, maintain and follow a written safety program and retain it at the registered owner's principal place of business in Alberta. This program document must contain the registered owner's policies and procedures regarding at least the following areas:
For municipalities whose vehicles travel outside of Alberta, the above safety program requirements must apply to all authorized drivers of vehicles registered for more than 4,500 kilograms (i.e. for those with a "Federal" Operating Status shown on their Safety Fitness Certificate). These safety program requirements may be combined with any other safety policies (such as those required by Occupational Health and Safety) or they may be prepared and retained separately. This program document must also be made available to anyone affected by it. The registered owner must also designate a person as responsible for:
This may be the same person designated as the safety officer under other legislation such as Occupational Health and Safety. In addition, several registered owners may designate the same person as their "Safety Officer" since the position does not have to be an employee of the registered owner or municipality. However, the Safety Officer must be willing to accept and comply with their legal responsibilities. B. Driver's File RequirementsRecord keeping requirements under the NSC legislation are not retroactive. Beginning in 1998, the registered owners of vehicles registered for 18,000 kilograms or more have been required to maintain files on all persons authorized to operate those vehicles. Starting September 1st 2004, the registered owners of vehicles with registered weights between 11,794 and 18,000 kilograms are also required to maintain complete driver records on everyone authorized to operate these smaller vehicles. Records are required to be retained only since the person first became authorized to drive a firefighting vehicle - even if they were employed or volunteered before then. In this circumstance, records such as an employment application form would not be needed if the person was hired/joined before September 1, 2004. However, other records such as a driver's abstract would be required beginning on that date. Under this legislation, the various regulatory requirements for the registered owner to obtain driver information override any articles of a collective agreement (if there is a conflict in the requirements). This would apply to information such as a driver's abstract, traffic convictions, etc. Driver abstracts may be obtained through your local Registries Agents. A driver must request it him/herself or the registered owner can ask a driver to sign a release form authorizing the registered owner to obtain a driver's abstract. A sample release form can be obtained on the internet at www3.gov.ab.ca/gs/pdf/mv/REG3387.pdf. If an organization requires abstracts on more than 10 individuals, then an agreement must be signed with Alberta Registries. It should be considered a condition of employment that a driver either provide a copy of their abstract or sign a release form. Volunteering is considered employment. Section 41(1) of the Commercial Vehicle Certificate and Insurance Regulation (AR 314/2002) states that a registered owner who operates a vehicle under the NSC program must maintain driver records for each driver who is authorized to operate such a vehicle. As applicable, a driver file must contain at least the following information:
Much of this driver information can be initially obtained on an employment application form. However, the Safety Program should contain policy directions to staff outlining their role in collecting the above information on an on-going basis. For example, there must be a policy requiring drivers to report if their operator's licence has been suspended or if they have an on-road event (e.g. ticket, vehicle inspection, collision; etc.). In addition, the Safety program must identify the discipline actions the registered owner will take if any required information is not provided. A "driver" includes anyone who has been authorized by the fire department or municipality to operate any firefighting vehicle registered for 11,794 kilograms or more. This includes full time, part-time, casual or volunteer drivers regardless of any other job functions that they may perform for the municipality or fire department (e.g. councillor, mechanic, secretary). For municipalities whose vehicles travel outside of Alberta, the above driver file requirements must apply to all authorized drivers of vehicles registered for more than 4,500 kilograms (i.e. for those with a "Federal" Operating Status shown on their Safety Fitness Certificate). The information specified above is not required for drivers who are conscripted during an emergency to operate vehicles under the authority of the Disaster Services Act, the Municipal Government Act, any associated regulation or a municipal bylaw. These acts are available on the internet at: http://www.qp.gov.ab.ca/catalogue/catalog_results.cfm?frm_isbn=0779731565&search_by=link http://www.qp.gov.ab.ca/catalogue/catalog_results.cfm?frm_isbn=0779737822&search_by=link These driver file records may be retained separately from any other driver records such as a "personnel file", "tax records", etc. This separation may help prevent personal information being released accidentally. A driver's information can only be used for the reasons it was obtained and must be protected from release to unauthorized persons. For more information, consult the Freedom of Information and Protection of Privacy Act and its associated regulation on the internet at: http://www.qp.gov.ab.ca/catalogue/catalog_results.cfm?frm_isbn=0779729218&search_by=link If one Municipality has a written agreement with a second Municipality to allow its vehicles to be used by the second Municipality's fire department, then Alberta Infrastructure and Transportation is prepared to consider a permit that would allow the second fire department to obtain and retain the drivers' files provided certain conditions are met. The registered owner of the vehicles may obtain an application for such a permit from Carrier Services Section. C. Maintenance and Inspection Program for Firefighting VehiclesGeneral Maintenance Program Section 5 of the Commercial Vehicle Maintenance Standards Regulation (AR 118/89) specifies that the registered owner (including municipal fire departments, where appropriate) must establish, maintain and follow a written maintenance and inspection program that pertains to all applicable vehicles registered to the owner in Alberta. The policies and procedures set out in the maintenance program must meet the requirements specified in the Schedule to this regulation and provide for continuous and regular inspections. The items inspected and the frequency of inspection should be appropriate to the type and age of each regulated vehicle for which the registered owner is responsible and to each vehicle's operational uses (including road conditions, distance traveled, cargo hauled, weather conditions, etc.). This maintenance program must also address all maintenance activities conducted including trip inspections, repairs, routine maintenance, document retention, annual CVIP inspections, etc. As applicable, a list of the minimum truck and trailer parts requiring maintenance is specified in the Schedule of the Commercial Vehicle Maintenance Standards Regulation (AR 118/89). This list generally includes:
For municipalities whose vehicles travel outside of Alberta, the above maintenance program requirements must apply to all vehicles registered for more than 4,500 kilograms (i.e. for those with a "Federal" Operating Status shown on their Safety Fitness Certificate). Trip Inspection Section 3(1) of AR 118/89 states that "the driver of a commercial vehicle shall inspect it prior to operating it at the beginning of a workshift and after he ceases to operate it at the end of a workshift". It is acceptable if someone, other than a driver, conducts a trip inspection provided that person is qualified and accepts the responsibility if the inspection is not adequate. Each trip inspection must include an inspection of at least the items listed under Section 3(2):
Note that the legislation referenced above does not specifically require a pre-trip inspection to be completed before responding to an emergency but simply specifies that the inspection must be done at the beginning and end of a driver's work shift. The registered owner may have a policy to identify when the trip inspection is to be conducted when a fire response vehicle is called out in an emergency. The required pre-trip inspection may be completed after the previous emergency call or practice session and still be considered to have been done in the same "work shift" as a subsequent emergency call. However, regardless of the exact policies used, all firefighting vehicles must be mechanically fit when operated on the highway. Alberta legislation does not require a trip inspection to be in writing. However, if a written pre-trip and post-trip inspection is required by the registered owner, then this documentation is considered to be an "inspection" as specified by Section 8 of AR 118/89 and must be retained for the current and 4 previous years as required by Section 9. In addition, any vehicle safety deficiency identified during a trip inspection is addressed by Section 4 and must be recorded in writing, even if no written trip inspection is normally required. Any written record of an inspection must contain at least the document/vehicle identification information specified in Section 8(c) including the:
Annual Inspection An annual Commercial Vehicle Inspection (CVIP) must be performed on all firefighting vehicles with a registered certificate weight of 11,794 kilograms or more. This inspection must be performed at an approved facility and by a technician licensed by Alberta Infrastructure and Transportation to conduct inspections under the Commercial Vehicle Inspection Program (CVIP). In limited circumstances, Alberta Infrastructure and Transportation is prepared to consider a permit to alter the requirement of this program provided the:
The registered owner of the vehicles may obtain an application for such a permit from Carrier Services Section. D. Vehicle File Requirements The Commercial Vehicle Maintenance Standards Regulation (AR 118/89) also identifies the requirements for the retention of maintenance records on regulated firefighting vehicles. Section 8 of the regulation describes the vehicle records that must be retained by a municipal fire department and includes:
Section 9 of AR 118/89 states that individual vehicle files must be retained for the current calendar year and the preceding four years. Vehicle record keeping requirements are not retroactive. Since 1988, the registered owner of a vehicle registered for 18,000 kilograms or more has been required to maintain appropriate vehicle files. As of the September 1st 2004, the registered owner of a vehicle with a registered weight between 11,794 and 18,000 kilograms is required to maintain vehicle files. If a vehicle is sold, then its maintenance file must be retained for at least six months after the sale. For municipalities whose vehicles travel outside of Alberta, the above vehicle record requirements must apply to all vehicles registered for more than 4,500 kilograms (i.e. for those with a "Federal" Operating Status shown on their Safety Fitness Certificate). Vehicle records must be located at or be made available through the registered owner's principal place of business in Alberta. E. General Retention of Records Driver Files Record keeping requirements under the National Safety Code program are not retroactive. As of September 1st 2004, the registered owner of a vehicle with a registered weight of 11,794 kilograms and above is required to maintain complete driver files. Since 1998, driver file requirements applied to the driver of a vehicle registered for 18,000 kilograms or more. Files must be retained for:
whichever is more recent. For municipalities whose vehicles travel outside of Alberta, the above driver file retention requirements apply to all authorized drivers of vehicles registered for more than 4,500 kilograms (i.e. for those with a "Federal" Operating Status). The Commercial Vehicle Certificate and Insurance Regulation (AR 314/2002) specifies general driver record retention requirements. Section 43(1) states: "Unless another enactment or the Registrar otherwise permits in writing, the records required to be maintained by carriers under this regulation and under Commercial Vehicle Maintenance Standards Regulation (AR 118/89) must be:
The "principal place of business" means the address that a registered owner declares on their Alberta application for a Safety Fitness Certificate. If this address changes, Carrier Services Section should be notified. Before any driver records can be retained at a location in Alberta other than the principal place of business of the registered owner, a permit must be obtained from Alberta Infrastructure and Transportation. The registered owner may obtain an application for a Divided Record Authority Permit from Carrier Services Section. If a document retention period is specified in another Alberta regulation, then that specific regulation requirement will take precedence. Vehicle Files Vehicle record keeping requirements also are not retroactive. As of September 1st 2004, the registered owner of a vehicle with a registered weight of 11,794 kilograms and above is required to maintain vehicle files. Since 1988, vehicle file requirements applied to a vehicle registered for 18,000 kilograms or more. Files must be retained for:
whichever is more recent. Section 9 of the Commercial Vehicle Maintenance Standards Regulation (AR 118/89) states: "Subject to subsections (2) and (3), the records referred to in section 8 must
For municipalities whose vehicles travel outside of Alberta, the above vehicle file retention requirements apply to all vehicles registered for more than 4,500 kilograms (i.e. for those with a "Federal" Operating Status). F. ResponsibilitiesFailure of a registered owner or a driver to comply with this transport legislation is an offence. In addition, Section 144 of Alberta's Traffic Safety Act identifies that any person who performs a "related function" can also be held responsible for a regulatory violation committed by the registered owner or its drivers. A defence may be made if it can be proved to the satisfaction of the court that the violation occurred without the consent, expressed or implied, of that person. A "related function" is defined and would include:
In addition, it is expected that everyone will meet their "due diligence" expectations. At its simplest, this means that everyone should know their responsibilities under the law and then take all reasonable steps to carry them out. Ignorance of the law is no defence. More information on the general compliance requirements for firefighting vehicles, drivers and registered owners can be obtained on Alberta Infrastructure and Transportation's web site at www.infratrans.gov.ab.ca. Transportation LegislationA. Legislation Sources:
B. Legislation Titles (selected only):
Sources of "Help" for Municipal Fire DepartmentsA municipal fire department (as the registered owner) may require assistance with establishing or modifying their safety and/or maintenance programs to ensure compliance with Alberta's transport regulations or with the National Safety Code (NSC). There are several potential sources of this information that could be consulted including: A. Education Manual Alberta Infrastructure and Transportation has prepared a comprehensive education manual titled "Comprehensive Vehicle Safety Compliance in Alberta". It summarizes many of the most important NSC compliance requirements. This document is available on the internet at: http://www.trans.gov.ab.ca/Content/doctype276/production/edmanual.htm Note that you can obtain a hard copy of this document from several industry associations in Alberta, including the Alberta Motor Transport Association. For more information, please contact Alberta Infrastructure and Transportation, Carrier Services Section, at (403) 755-6111. B. References Specific to Fire Departments
Options:
- Provide consultant contact
information
Calgary:
Edmonton: D. Legislation Sources
Queen's
Printer Bookstore (Alberta)
Canadian
Publishing Centre (Federal) E. Transportation Consultants The names of possible transportation consultants who may be able to assist in developing and implementing safety and maintenance programs can be provided. For more information, please contact Alberta Infrastructure and Transportation, Carrier Services Section, at (403) 755-6111. F. Red Deer College Transportation Safety Director Program: Red Deer College offers a course that provides the basics of safety and health for the transportation industry. This program focuses on the information and skills you need to become a designated health and safety transportation representative - the Safety Director. This course can be looked at as the starting point in a Safety Director's training. Experience in the transportation field and further specific training will help in your chosen career path. Further information on this program can be obtained from:
Extension Services, Red
Deer College Commercial Vehicle Inspection Program: Lethbridge Community College offers a 27 credit certificate program that may be of interest to individuals in the trucking industry such supervisors, drivers and owner operators. Further information can be obtained from:
Lethbridge Community College Note: Any Alberta government office can be contacted toll free within Alberta by first dialing 310-0000. Department Contact Information
Note: Any Alberta government office can be contacted toll free within Alberta by first dialing 310-0000. |
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