Exception – prior application
4.2 (1)During the effective period of a direction made under section 37.1, the Registrar shall continue to grant new operating authorities of a class identified by the direction if they were applied for before the direction was made. Exception – prior agreements (2)During the effective period of a direction made under section 37.1, the Registrar shall continue to grant new operating authorities of a class identified by the direction to a person who, during the six months before the direction was made, (a) had entered into an agreement to carry goods of any other person for compensation; and (b) in order to carry out that agreement, had entered into an agreement to purchase or lease for more than thirty consecutive days one or two commercial motor vehicles. Exception – prior operation (3)During the effective period of a direction made under section 37.1, the Registrar shall continue to grant new operating authorities of a class identified by the direction to a person, (a) who, at any time during the twelve months before the direction was made, operated a commercial vehicle in Ontario to carry goods of any other person for compensation; and (b) who cannot, for reasons beyond the person’s control, continue to lawfully operate a commercial vehicle as described in clause (a) without a new operating authority. Reference to Board (4)The Registrar shall issue an operating licence containing a new operating authority and any other operating authorities held by the applicant in accordance with the provisions of this Act and the regulations respecting the issue of operating licences, except that, in the case of an applicant under subsection (3), the Registrar shall refer the application to the Board before giving notice under subsection 7 (1). Board’s report (5)The Board shall determine if the requirements of clauses (3) (a) and (b) are met and shall report its findings to the Registrar. Requirements met (6)If the Board reports that the requirements of clauses (3) (a) and (b) have been met, and the Registrar is satisfied of the fitness of the applicant to hold a licence, the Registrar shall publish the notice required under subsection 7 (1). Requirements not met (7)If the Board reports that the requirements of clause (3) (a) or (b) have not been met, the Registrar shall give the applicant written notice that the new operating authority is refused together with the reasons for the refusal. No appeal (8)There is no right to appeal from a refusal for failure to meet the requirements of clause (3) (a) or (b). No reference to Board (9)Reference to the Board is not required for an application that specifies that no more than two commercial motor vehicles will be operated under the new operating authority. Limit on number of vehicles (10)Despite subsection 4 (5), the Registrar shall impose a provision on a new operating authority granted under subsection (2) that limits the number of commercial motor vehicles operated under it during the effective period of the direction to the number of vehicles that are the subject of the purchase or lease agreement described in that subsection. Idem (11)Despite subsection 4 (5), the Registrar shall impose a provision on a new operating authority granted under subsection (3) that limits the number of commercial motor vehicles operated under it during the effective period of the direction to, (a) the largest number of commercial motor vehicles operated by the applicant at any time during the twelve months immediately before the application is made; or (b) one or two, as specified in the application, but not exceeding the number described in clause (a). 1991, c. 50, s. 3.