12

 

 

First Session, 48th General Assembly

65 Elizabeth II, 2016

BILL 12

AN ACT TO AMEND THE HIGHWAY TRAFFIC ACT

Received and Read the First Time................................................................

Second Reading............................................................................................

Committee.....................................................................................................

Third Reading...............................................................................................

Royal Assent.................................................................................................

HONOURABLE EDDIE JOYCE

Minister of Service Newfoundland and Labrador

Ordered to be printed by the Honourable House of Assembly

 

EXPLANATORY NOTES

This Bill would amend the Highway Traffic Act to

·         allow the registered owner of a vehicle to be charged with, and provide defences to, passing a school bus while its red flashing lights are activated, speeding in a school zone and speeding in a construction zone; and

·         increase the minimum and maximum amounts of the fine for passing a school bus while its red flashing lights are activated.

A BILL

AN ACT TO AMEND
THE HIGHWAY TRAFFIC ACT

Analysis


        1.   S.210 Amdt.
Liability of owner for penalties

        2.   Sch. Amdt.

        3.   Commencement


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

RSNL1990 cH-3
as amended

        1. (1) Section 210 of the Highway Traffic Act is amended by adding immediately after subsection (1) the following:

         (1.1)  Notwithstanding subsection (1), where subsection 110.1(4), 110.2(4) or 137(1) has been violated, the owner of the motor vehicle to which that violation applies may be held responsible for that violation and may incur a penalty that arises from that violation.

             (2)  Subsections 210(2) and (3) of the Act are repealed and the following substituted:

             (2)  The owner of a motor vehicle shall not be held responsible and shall not incur a penalty arising from a violation under this section where he or she can prove that at the time of the violation,

             (a)  the motor vehicle was in possession of some other person without the owner's consent; or

             (b)  he or she was the registered owner of the motor vehicle but he or she was not entitled to possession of the motor vehicle.

         (2.1)  The owner of a motor vehicle under subsection (1.1) shall not be held responsible and shall not incur a penalty arising from a violation where the driver of the motor vehicle has been held responsible and incurred a penalty for that violation.

             (3)  The owner of a motor vehicle who incurs a penalty under this section is not liable to imprisonment.

 

        2. The Schedule to the Act is amended by deleting the row starting with a reference to subsection 137(1) and substituting the following:

 

137(1)

Passing school bus

1200

500

14 days

2 days

Commencement

        3. This Act comes into force 60 days after the day on which it receives Royal Assent.