Demerit Points - Nova Scotia

Offence

Section

Points

Driver-related offences

Motor Vehicle Act offences:

1

Failing to obey peace officer (specify directions disobeyed)

83(1)

3

2

Failing to obey traffic signs or signals (specify)

83(2)

3

Failing to yield right of way to pedestrians on green or flashing green light

93(2)(a)

3

4

Failing to proceed in direction of arrow on green arrow light

93(2)(b)

3

5

Failing to yield right of way to pedestrians on green arrow light

93(2)(b)

3

6

Failing to stop at amber light when able to stop in safety

93(2)(c) or (d)

3

7

Failing to stop at red light

93(2)(e)

3

8

Failing to yield to pedestrian on right turn at red light

93(2)(e)

3

9

Failing to stop at flashing red light before entering intersection

93(2)(f)

3

10

Failing to yield to pedestrians or other vehicles (specify) at flashing red light

93(2)(f)

3

11

Failing to proceed with caution at flashing amber light

93(2)(g)

3

12

Failing to yield to traffic in proximity of intersection at flashing amber light

93(2)(g)

3

13

Failing to yield to pedestrians at walk light

93(2)(h)

3

14

Travelling in lane marked with red "X" traffic lane signal

93(4)(b)

2

15

Failing to immediately stop at scene of an accident

97(1)

3

16

Failing to provide name, address and registration after having an accident

97(3)

3

17

Failing to provide reasonable assistance to person injured after having an accident

97(3)

3

18

Failing to take reasonable steps to locate and notify other party after collision with unattended vehicle or property (specify)

97(4)

3

19

Failing to report accident to police where injury or death or property damage of over $1000 occurs (specify)

98(10)

3

20

Careless and imprudent driving

100(2)

2

21

Operating vehicle at excessive speed for existing conditions

101

3

22

Exceeding prima facie speed limit

102(1)

3

23

Failing to stop for stopped school bus exhibiting flashing red lights

103(3)

3

24

Driving in excess of posted limit by between 1 and 15 km/hr

106A(a)

4

25

Driving in excess of posted limited by between 16 and 30 km/hr

106A(b)

3

26

Driving in excess of posted limited by 31 km/hr or more

106A(c)

3

27

Failing to obey stop or speed sign on bridge or causeway (specify sign)

108(3)

3

28

Failing to drive on right side of highway

110(1)

3

29

Failing to drive to right when approaching intersection, railroad right-of-way or narrow bridge or tunnel (specify one)

110(2)

3

30

Failing to drive to right on one-way street

110(4)

2

31

Failing to drive in right hand lane

111(a)

2

32

Changing lanes unsafely

111(b)

2

33

Driving in centre lane on three-lane highway

111(c)

2

34

Failing to follow posted lane speeds

111(d)

2

35

Driving or parking (specify) vehicle on left hand roadway where highway is divided

112(1)(a)

2

36

Passing improperly

114

3

37

Driving left of centre line

115(1) or (2)

3

38

Following too closely

117(1)

3

39

Commercial vehicle following within 60 m

117(2)

3

40

Failing to signal

119(1)

2

41

Improper signal

119(2)

2

42

Backing vehicle when such movement unsafe

120(1)

2

43

Turning vehicle to proceed in opposite direction where visibility less than 150 m

120(2)

2

44

Failing to obey signs prohibiting turns (specify sign violated)

120(4)

2

45

Making prohibited turn at exit ramp

121

2

46

Failing to yield right of way

122

4

47

Failing to yield to emergency vehicles giving audible and visible signals

123(2)

3

48

Failing to yield to pedestrians within crosswalk

125(1)

3

49

Passing stopped vehicle at crosswalk

125(2)

3

50

Permitting a person to ride on portion of vehicle not designed for passenger

129(3)

2

51

Driving when control or view obstructed by load or passenger

129(7)

2

52

Operating bus with open door

130

2

53

Driving through safety zone

131

2

54

Failing to stop at railway crossing

132(1)

3

55

Failing to stop at stop sign

133(1)

3

56

Failing to obey yield sign

134(3)

3

57

Stopping or parking in prohibited area

143

2

58

Operating motor vehicle on highway in race or on wager

163(1)

3

59

Driving while license cancelled, revoked or suspended

287(2)

3

Criminal Code ( Canada ) offences:

1

Criminal negligence

219

5

2

Criminal negligence causing death

220

5

3

Criminal negligence causing bodily harm

221

5

4

Dangerous operation of a motor vehicle

249(1)(a)

5

5

Dangerous operation of a motor vehicle causing bodily harm

249(3)

5

6

Dangerous operating of a motor vehicle causing death

249(4)

5

7

Failing to stop at scene of accident

252(1)

5

8

Impaired driving

253(a)

5

9

Operating or having care and control of motor vehicle when blood alcohol level exceeds 80 mgs/100 ml

253(b)

5

10

Refusing to comply with demand made by peace officer under Section 254

254(5)

5

11

Impaired driving causing bodily harm

255(2)

5

12

Impaired driving causing death

255(3)

5

13

Operating a motor vehicle while disqualified

259(4)(a) or (b)

5

Driver-related and carrier-related violations

Motor Vehicle Act offences:

1

Operating or permitting operation of motor vehicle without valid number plate issued for that vehicle

37(a)

3

2

Displaying number plate not issued for vehicle

37(c)

3

3

Failing to exhibit slow movement emblem or device on a motor vehicle

117(4)

2

4

Driver failing to place and maintain flares at front and rear of disabled commercial vehicle

140(1)

2

5

Vehicle failing to have proper lighted head lamps and rear lamps

174(1)

2

6

Vehicle failing to have two head lamps

174(2)

1

7

Vehicle failing to have properly functioning rear lamps

174(4)

1

8

Vehicle failing to have properly functioning clearance lamps

174(5)

2

9

Vehicle failing to display proper marker lights or reflectors

174(11)

2

10

Vehicle failing to have proper electric turn signals

177(3)

1

11

Vehicle failing to have properly functioning brake lights at rear of vehicle

177(9)

1

12

Vehicle failing to have adequate brakes

181(1)

3

13

Vehicle failing to have properly functioning speedometer and odometer

182

1

14

Vehicle failing to have properly functioning horn

183(1)

1

15

Vehicle failing to have securely attached mirror

184(1)

1

16

Vehicle failing to have outside rear-vision mirror where view obstructed by trailer

184(2)

1

17

Vehicle failing to have windshield 

184(3)

1

18

Driving vehicle with windows or windshield (specify) obstructed

184(4)

1

19

Driving vehicle with ornament obstructing vision of driver

184(5)

1

20

Vehicle failing to have adequate windshield wipers

184(6)

1

21

Vehicle failing to have proper flag or light (specify) displayed at end of load

185

2

22

Driving vehicle with tailgate of vehicle open

186

4

23

Vehicle failing to have muffler in good working order

187(1)

1

24

Vehicle failing to have proper equipment to prevent escape of excessive fumes or smoke (specify)

187(2)

1

25

Towbar between vehicles exceeding 5 m

190(2)

4

26

Towbar between vehicles transporting poles exceeding 8 m

190(2)

4

27

Failing to have vehicle weighed when ordered

192(4)

3

28

Vehicle on highway with leaking load

199(1)

3

29

Vehicle failing to have mudguards, fenders or flaps (specify)

199(2)

1

30

Driving motor vehicle without insurance

230(1)

3

31

Directing driver to operate vehicle equipped otherwise than permitted by law (specify)

260(1)

3

32

Directing driver to operate vehicle exceeding weight permitted by law (specify)

260(1)

3

33

Directing driver to operate vehicle in manner contrary to law (specify)

260(1)

3

34

Operating vehicle on highway equipped in manner prohibited by Motor Vehicle Act or regulations (specify)

260(2)

1

Commercial Vehicle Drivers' Hours of Work Regulations offences:

1

Carrier permitting driver to exceed, or driver exceeding, permitted driving time

4(1)

3

2

Failing to be off duty for 24-hour period prior to accumulating 75 hours on duty

4(2)

5

3

Failing to comply with number of hours off duty specified by inspector

6

5

4

Failing to comply with conditions on permit

8(2)

5

5

Carrier permitting driver to drive, or driver driving, when driver declared out of service

10

5

6

Failing to maintain a daily log in duplicate

13

2

7

Failing to maintain graph grid and record information in daily log

15

2

8

Failing to retain and produce required documents on demand of inspector

16

3

9

Carrier permitting driver to drive, or driver driving, a commercial vehicle without required daily logs in driver's possession

17

2

10

Driver failing to enter in log total hours on duty

20

2

11

Driver failing to forward copy of daily log to carrier

22

3

12

Driver failing to forward daily log to home terminal or carrier's principal place of business in Nova Scotia

23

3

13

Carrier failing to keep logs or documents for 6 months at principal place of business in Nova Scotia

24

3

14

Driver maintaining more than one daily log

26(1)

3

15

Carrier or driver falsifying or permitting falsification of logs or other documents

26(2)

3

Commercial Vehicle Trip Inspection and Records Regulations offences:

1

Failing to perform pre-trip inspection

3

1

2

Failing to record defects noted in inspection

5

3

3

Failing to record defects observed while in charge of vehicle

6

1

4

Failing to repair items on inspection report

8

3

5

Carrier failing to maintain required records

11

5

6

Carrier failing to maintain records at principal place of business in Nova Scotia for time period required

12

5

Commercial Vehicle Maintenance Standards offences:

1

Carrier failing to inspect, repair and maintain vehicles or failing to cause vehicles to be inspected, repaired and maintained

4(1)

3

2

Carrier failing to comply with commercial vehicle component performance standards

4(1)(a)

2

3

Carrier failing to ensure that replacement parts comply with requirements

4(1)(b)

3

4

Carrier failing to maintain records for vehicles

4(2)

5

5

Carrier failing to retain records at principal place of business in Nova Scotia for required period

4(3)

5

6

Carrier failing to comply with lubrication standards

5

5

7

Obstructing or hindering an inspector in the performance of duties

6(3)

3

8

Carrier or representative failing to assist an inspector in performance of duties

7(2)

3

Weights and Dimensions of Vehicles Regulations offences:

(Points are assigned only if the amount of weight greater than that permitted is more than 2000 kg.)

1

Operating or causing to be operated vehicle not represented in Schedule A of regulations

3(1)

3

2

Operating or causing to be operated vehicle with improper lift axle

3(4)

3

3

Operating or causing to be operated vehicle with overall width greater than 2.6 m

4(1)(a)

1

4

Operating or causing to be operated vehicle with mirrors extending more than 300 mm on each side

4(1)(b)

1

5

Operating or causing to be operated vehicle with auxiliary equipment extending more than 100 mm on each side

4(1)(c)

1

6

Operating or causing to be operated vehicle with overall height greater than 4.15 m

4(1)(d)

3

7

Operating or causing to be operated single vehicle with overall length greater than 12.5 m

4(1)(e)

3

8

Operating or causing to be operated vehicle with front overhang greater than 1.0 m

4(1)(f)

3

9

Operating or causing to be operated vehicle with rear overhang greater than 1.0 m without flag

4(1)(g)

2

10

Operating or causing to be operated vehicle with rear overhang greater than 2.0 m

4(1)(h)

3

11

Operating or causing to be operated vehicle with spread-axle spacing or dimensions not in accordance with Schedule A of regulations

4(2)

3

12

Passenger vehicle with load extending beyond line of fenders on left side or extending more than 150 mm beyond line of fenders on right side

4(4)

3

13

Operating or causing to be operated farm tractor with overall width exceeding 4.0 m

4(6)

1

14

Operating or causing to be operated specified vehicle, model year 2002 and earlier, with interaxle spacing less than 2.6 m

4(10)

3

15

Operating or causing to be operated modified specified vehicle, model year 2002 and earlier, with interaxle spacing less than 2.6 m

4(11)

3

16

Operating or causing to be operated vehicle having weight in excess of weight on permit

5(1)(a)

1

17

Operating or causing to be operated vehicle having axle weight in excess of manufacturer's gross axle weight rating

5(1)(b)

1

18

Operating or causing to be operated vehicle having axle weight in excess of tire load ratings

5(1)(c)(i)

1

19

Operating or causing to be operated vehicle having axle weight in excess of 10 kg/mm tire width

5(1)(c)(ii)

1

20

Operating or causing to be operated vehicle having axle weight in excess of 9100 kg

5(1)(c)(iii)

1

21

Operating or causing to be operated vehicle having steering axle weight in excess of 9100 kg

5(1)(c)(iv)

1

22

Operating or causing to be operated vehicle having non-steering axle weight in excess of 6000 kg

5(1)(c)(v)

1

23

Operating or causing to be operated vehicle having weight in excess of maximum axle weight limit in Schedule A of regulations

5(1)(d)

1

24

Operating or causing to be operated vehicle having adjacent axles in group vary more than 1000 kg in weight

5(1)(e)

1

25

Operating or causing to be operated vehicle having weight in excess of 4500 kg on axle of assembly that is not an axle group

5(1)(f)

1

26

Operating or causing to be operated vehicle having gross vehicle weight greater than manufacturer's gross vehicle weight rating

5(1)(g)

1

27

Operating or causing to be operated vehicle having gross vehicle weight in excess of limits in Schedule A of regulations for class of highway

5(1)(h)

1

28

Moving or causing to move object not a motor vehicle having a weight in excess of 9100 kg

5(2)

1

29

Operating or causing to be operated vehicle with solid tires having weight in excess of allowable weight

5(3)

1

30

Operating or causing to be operated vehicle having wheel weight in excess of 55% of weight prescribed for axle

5(4)

1

31

Operating out-of-Province vehicle with weights in excess of limits in Schedule A of regulations

6(6)

1

32

Driving or causing to be driven vehicle exceeding maximum weight posted on sign

9(3)

2

33

Operating or causing to be operated combination of vehicles in excess of weight on permit for one vehicle

10(1)

1

34

Operating or causing to be operated vehicle not conforming with a special permit

11(9)

3

Public Highways Act offences:

(Points are assigned only if the amount of weight greater than that permitted is more than 2000 kg.)

1

Failing to comply with Minister's order by operating vehicle contrary to prescribed weight limits

20(3)

1

Motor Carrier Act (Public Passenger) offences:

1

Obstructing inspector

35(2)

4

2

Failing to submit public passenger vehicle for inspection

36(1)

2

3

Failing to repair public passenger vehicle within time specified

36(2)

3

4

Operating public passenger vehicle contrary to inspector's order

36(3)

3

Dangerous Goods Transportation Act and regulations offences:

Dangerous Goods Transportation Act

1

Failing to comply with reasonable request of inspector

9(5)(a)

3

2

Obstructing or hindering inspector

9(5)(d)

3

Transportation of Dangerous Goods Regulations ( Canada ) - (adopted)

3

Transporting forbidden dangerous goods listed in column 3 of Schedule 1 or column 4 of Schedule 3 (specify column, schedule and goods)

1.5(1)

3

4

Transporting forbidden dangerous goods listed in column 8 or 9 of Schedule 1 (specify column and goods)

1.5(2)

3

5

Transporting dangerous goods in excess of quantity limit set out in column 8 or 9 of Schedule 1

1.6

3

6

Transporting dangerous goods where means of containment or transport do not display all applicable prescribed safety marks (specify)

1.7(c)

3

7

Transporting explosives in prohibited manner (specify)

1.8(a)

3

8

Failing to keep shipping document in specified location (specify)

3.2(4)

3

9

Transporting dangerous goods without required information (specify) on shipping document

3.5

3

10

Transporting dangerous goods without proper dangerous goods safety mark (specify) displayed

4.1

3

11

Displaying misleading safety mark (specify)

4.2

3

12

Transporting dangerous goods in means of containment not permitted by Part 5 of regulations

5.1(1)

3

13

Transporting dangerous goods in standardized means of containment not in standard

5.1(2)

3

14

Transporting dangerous goods in means of containment not filled, closed, secured or maintained (specify) so that there will be no accidental release of dangerous goods under normal conditions

5.1(3)

3

15

Loading dangerous goods in means of containment in way that could lead to accidental release of dangerous goods under normal conditions

5.4

3

16

Securing dangerous goods in means of containment in way that could lead to accidental release of dangerous goods under normal conditions

5.4

3

17

Filling means of containment with dangerous goods in excess of specified limit (specify)

5.5

3

18

Transporting explosives together in the same means of transport other than as permitted by regulations

5.7

3

19

Transporting explosives in net explosive quantity exceeding that permitted by regulation (specify)

5.9

3

20

Transporting Class 2 dangerous goods in improper means of containment (specify)

5.10

3

21

Transporting dangerous goods without holding valid training certificate or being under supervision of adequately trained person (specify)

6.1(1)

3

22

Failing to produce training certificate or copy to inspector immediately upon request

6.8

3

23

Failing to report accidental release to person listed in subsection 8.1(5) (specify) if release consists of quantity or emission in excess of level set out in table (specify)

8.1(1)

3

Out-of-Service Inspections

(under Commercial Carrier Safety Fitness Rating and Compliance Regulations )

Offence

Section

Points

1

Commercial vehicle or driver found to be unsafe to operate on a highway

14(3)(b)

3

At-Fault Collisions

(under Commercial Carrier Safety Fitness Rating and Compliance Regulations )

Offence

Section

Points

1

At-fault collision resulting in property damage

14(3)(c)

2

2

At-fault collision resulting in physical injury

14(3)(d)

4

3

At-fault collision resulting in fatality

14(3)(e)

6