Exemption certificate, hours of work for - Section 191

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Exemption certificate, hours of work for - Section 191

by: admin on
Tue Dec 11, 2007 9:32 pm

Exemption certificate, hours of work for commercial motor vehicle drivers - 191.

(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 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. R.S.O. 1990, c. H.8, s. 191 (2).

Conditions

(3) A certificate issued under this section may contain any conditions that the Registrar considers appropriate and a certificate is subject to the conditions set out therein. R.S.O. 1990, c. H.8, s. 191 (3).

Effect of certificate

(4) Subject to subsection (5), a certificate issued under this section 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. R.S.O. 1990, c. H.8, s. 191 (4).

Where certificate does not apply

(5) 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 (7); or

(c) an operator for whom a driver referred to in clause (b) is working. R.S.O. 1990, c. H.8, s. 191 (5).

Duration

(6) A certificate is valid during the period set out therein, which period shall not exceed twelve months. R.S.O. 1990, c. H.8, s. 191 (6).

Certificate to be produced for inspection

(7) A driver claiming an exemption under a certificate issued under this section shall carry the certificate or a true copy thereof 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. R.S.O. 1990, c. H.8, s. 191 (7).


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