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Cargo Secure Reg

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					        (Consolidated up to 122/2006)

                ALBERTA REGULATION 1/2005

                        Traffic Safety Act

            CARGO SECUREMENT REGULATION



        Table of Contents
  1     Definitions
  2     Adoption of Standard
  3     Safety responsibility
  4     Cargo securement
4.1     Exemption
  5     Offence under s157 of Act
  6     Consequential amendments
  7     Expiry
  8     Coming into force

        Schedule


      Definitions
        1(1) In this Regulation,

            (a) “Act” means the Traffic Safety Act;

            (b) “Standard” means the National Safety Code Standard 10
                (Cargo Securement), section 1 (Interpretation) and Parts 1
                to 4, made by the Canadian Council of Motor Transport
                Administrators and dated September 23, 2004, adopted
                under section 2.

        (2) The vehicles referred to in the Standard are commercial
        vehicles for the purposes of the Act and this Regulation.


      Adoption of Standard
        2 The Standard is hereby adopted as amended from time to time
        and forms part of this Regulation.


      Safety responsibility
        3(1) A carrier shall not permit a driver to operate a commercial
        vehicle where the cargo transported in or on the vehicle is not
Section 4                 CARGO SECUREMENT REGULATION                    AR 1/2005


              contained, immobilized or secured in accordance with the Standard
              as it relates to the particular type of commercial vehicle.

              (2) A driver shall not operate a commercial vehicle where the
              cargo transported in or on the vehicle is not contained, immobilized
              or secured in accordance with the Standard as it relates to the
              particular type of commercial vehicle.


            Cargo securement
              4 A driver or carrier must ensure that cargo transported by a
              commercial vehicle is contained, immobilized or secured so that it
              cannot

                  (a) leak, spill, blow off, fall from, fall through or otherwise be
                      dislodged from the vehicle, or

                  (b) shift upon or within the vehicle to such an extent that the
                      vehicle’s stability or manoeuvrability is adversely
                      affected.


            Exemption
              4.1 The provisions of sections 10 and 22 of the Standard do not
              apply to a commercial vehicle that is registered as a Class 2 vehicle
              under section 77(1)(b) and (2)(g) of the Operator Licensing and
              Vehicle Control Regulation (AR 320/2002), used either singly or in
              combination with one or more trailers, when it is transporting
              stacks or round or rectangular bales of hay or straw within a
              50-kilometre radius of the load’s place of origin if

                  (a) the vehicle while transporting the load does not exceed

                        (i) the posted speed limit, where the posted speed limit
                            is lower than 80 kilometres per hour, or

                        (ii) 80 kilometres per hour, where the posted speed limit
                             is 80 kilometres per hour or higher,

                    and

                  (b) the vehicle is not operated on any highway or portion of a
                      highway listed in the Schedule except to cross the
                      highway.
                                                                      AR 122/2006 s2


            Offence under s157 of Act
              5 A person who contravenes or fails to comply with this
              Regulation is guilty of an offence.


                                         2
Section 6                   CARGO SECUREMENT REGULATION                   AR 1/2005


            Consequential amendments
              6(1) The Log Haul Regulation (AR 431/86) is amended

                     (a) by repealing sections 1(b) and (f), 4(a) and (b), 5,
                         6(1)(a) to (c) and 6(4);

                     (b) in section 1(c) by striking out “mean logs 3 metres” and
                         substituting “means logs 4.9 metres”;

                     (c) in section 1(d) by striking out “3 metres” and
                         substituting “4.9 metres”;

                     (d) in sections 2, 3, 7(1), 9 and 10(2) by striking out
                         “public” and substituting “commercial”;

                     (e) in section 2 by striking out “secured and”.

              (2) The Commercial Vehicle General Equipment and Safety
              Regulation (AR 435/86) is amended by repealing sections 8 to
              14.

              (3) The Consequential Amendments and Transitional Matters
              Regulation (AR 115/2003) is amended in section 1

                     (a) in clause (e) by striking out “5,”;

                     (b) in clause (f) by striking out “8 to 14,”.


            Expiry
              7 For the purpose of ensuring that this Regulation is reviewed for
              ongoing relevancy and necessity, with the option that it may be
              repassed in its present or an amended form following a review, this
              Regulation expires on November 30, 2015.


            Coming into force
              8 This Regulation comes into force on February 1, 2005.


                                      Schedule

              1 For the purposes of section 4.1(b), the highways or portions of
              highways on which a commercial vehicle may not be operated
              except to cross the highway are as follows:

                     (a) Highway 1 from the border of Banff National Park to the
                         Alberta-Saskatchewan border;

                     (b) Highway 2 from the City of Edmonton to the Town of
                         Fort Macleod;

                                           3
Schedule         CARGO SECUREMENT REGULATION                   AR 1/2005


           (c) Highway 3 from the British Columbia-Alberta border to
               the City of Medicine Hat;

           (d) Highway 4 from the City of Lethbridge to the
               Alberta-United States border;

           (e) Highway 16 from the border of Jasper National Park to
               the Alberta-Saskatchewan border;

           (f) Highway 16A from the junction with Highway 16 to the
               western limit of the City of Edmonton;

           (g) Highway 43 from Highway 16 to the City of Grande
               Prairie;

           (h) Highway 216 from the northwest corner of section 9,
               township 52, range 23, west of the 4th meridian to the
               northwest corner of section 9, township 53, range 23, west
               of the 4th meridian.
                                                            AR 122/2006 s3




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