27

 


 

Second Session, 48th General Assembly

66 Elizabeth II, 2017

BILL 27

AN ACT TO AMEND THE HIGHWAY TRAFFIC ACT NO. 2

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

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

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

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

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

HONOURABLE SHERRY GAMBIN-WALSH

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 strengthen road safety in the province.

††††††††††††† The Bill would

         add a new offence and associated penalties, including a licence suspension, for performing stunts while driving;

         add a separate offence and new penalties, including a licence suspension, for driving in excess of 50 kilometres an hour over the speed limit;

         add a new offence and associated penalties, including a licence suspension and a term of imprisonment, for driving without due care and attention or without reasonable consideration for other persons and thereby causing death or bodily harm to any other person;

         add a licence suspension as a new penalty where a peace officer has reasonable grounds to believe that a person is racing on a highway;

         increase the fines for driving without due care and attention or without reasonable consideration for other persons;

         require a driver to reduce his or her speed to at least 30 kilometres an hour less than the speed limit or where the speed limit is less than 60 kilometres an hour, to a speed of not greater than 30 kilometres an hour when approaching an emergency vehicle or a designated vehicle that is stopped in a lane or on the edge or along the shoulder of the roadway;

         allow a registered owner to be liable for penalties where any driver of the owner's vehicle does not take the safety precautions required by the Act when approaching an emergency vehicle or a designated vehicle that is stopped in a lane or on the edge or along the shoulder of the roadway;

         add regulation making authority to allow the seizure and impoundment of a vehicle where a peace officer has reason to believe that a person is operating a vehicle in excess of 50 kilometres an hour over the speed limit, while racing or while performing a stunt;

         require an insurance policy which is produced at a police station after a request for it is made to be in force at the time of the request;

         place the onus on the person who is charged with an offence to prove that there was a policy of insurance in force at the time of the offence;

         clarify that certain suspensions are imposed by operation of the Act and not by a decision of the registrar; and

         add an appeal procedure for certain 90 day licence suspensions under the Act.


A BILL

AN ACT TO AMEND
THE HIGHWAY TRAFFIC ACT NO. 2

Analysis


††††††† 1. S.2 Amdt.
Definitions

††††††† 2. S.60.03 Amdt.
Periods of suspension

††††††† 3. Ss.60.6 to 60.9 Added
60.6 Appeal of 90 day
††††††† suspension
60.7 Oral hearings
60.8 Decision of registrar
60.9 Appeals generally

††††††† 4. S.75 Amdt.
Uninsured vehicle

††††††† 5. S.75.1 Amdt.
Excluded driver provision

††††††† 6. S.110 Amdt.
Imprudent driving

††††††† 7. S.110.01 Added
Driving causing death or bodily harm

††††††† 8. S.110.1 Amdt.
Speed limit in a construction zone

††††††† 9. S.110.2 Amdt.
School zone

††††† 10. S.110.3 Added
Suspension for speeding 51 km/hr and over

††††† 11. S.121.1 Amdt.
Stopped emergency or designated vehicle

††††† 12. S.168 Amdt.
Racing on highways

††††† 13. S.168.1 Added
Performing stunts

††††† 14. S.186 Amdt.
Regulations

††††† 15. S.210 Amdt.
Liability of owner for penalties

††††† 16. Sch. Amdt.

††††† 17. Transitional

††††† 18. Commencement


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

RSNL1990 cH-3
as amended

††††††† 1. Section 2 of the Highway Traffic Act is amended by adding immediately after paragraph (e) the following:

††††††††† (e.1)"bodily harm" means any hurt or injury to a person that interferes with the health or comfort of the person and that is more than merely transient or trifling in nature;

 

††††††† 2. Subsections 60.03(3) to (5) of the Act are repealed and the following substituted:

†††††††††††† (3)Upon a request being made under subsection 60.01(1), (5) or (7) or section 60.02, whether or not the novice driver or the novice driver who has care or control of a motor vehicle surrenders his or her driverís licence to the peace officer, his or her driverís licence or driving privileges shall be considered to be suspended for a period of

†††††††††††† (a)2 months for the first occasion upon which a request is made under subsection 60.01(1), (5) or (7) or section 60.02;††

†††††††††††† (b)4 months for the second occasion upon which a request is made under subsection 60.01(1), (5) or (7) or section 60.02; and

†††††††††††† (c)6 months for a subsequent occasion upon which a request is made under subsection 60.01(1), (5) or (7) or section 60.02

and, following the expiry of a suspension under paragraphs (a), (b) or (c), he or she may apply to the registrar to have his or her driverís licence reinstated commencing at the start of the level and class of driverís licence held by him or her at the time when his or her driver's licence was suspended subject to a fee and in accordance with conditions and requirements which the registrar may impose upon the licence.

†††††††††††† (4)Notwithstanding subsection (3), where a novice driver or novice driver who has care or control of a motor vehicle fails or refuses to provide a sample of his or her breath or the analysis under subsection 60.01(1) or (5) indicates that the proportion of alcohol in his or her blood is 80 milligrams or more of alcohol in 100 millilitres of blood, his or her licence or driving privileges shall be suspended for a period of 90 days and the procedure for reinstatement set out in subsection (3) applies.

†††††††††††† (5)Notwithstanding subsection (3), upon a request being made under section 60.02, whether or not the novice driver or novice driver who has care or control of the motor vehicle surrenders his or her driver's licence to the peace officer, his or her driver's licence or driving privileges shall be suspended for a period of 90 days where he or she fails or refuses to comply with a demand made under section 254 of the Criminal Code, and the procedure for reinstatement set out in subsection (3) applies.

 

††††††† 3. The Act is amended by adding immediately after section 60.5 the following:

Appeal of 90 day suspension

†† 60.6 (1) A person whose driver's licence or driving privileges have been suspended for 90 days under section 60.03, 60.04 or 60.5 may appeal the suspension to the registrar where he or she

†††††††††††† (a)is not the same person to whom a demand for a sample of his or her breath or blood was made; or

†††††††††††† (b)failed or refused to comply with a demand for a sample of his or her breath or blood because he or she was unable to do so for medical reasons.

†††††††††††† (2)A person who wishes to appeal a suspension under subsection (1) shall submit his or her appeal in the prescribed form to the registrar in writing within 30 days of the day the peace officer requested the person to surrender his or her driver's licence.

†††††††††††† (3)An appeal submitted under subsection (1) shall indicate whether the appeal shall be heard orally or in writing.

†††††††††††† (4)Where the appeal indicates that the hearing shall be held in writing, the registrar shall, in writing,

†††††††††††† (a)confirm receipt of the appeal; and

†††††††††††† (b)specify the deadline before which the person shall submit documents or evidence supporting his or her appeal.

†††††††††††† (5)Where the appeal indicates that the hearing shall be held orally, the registrar shall, in writing,

†††††††††††† (a)confirm receipt of the appeal;

†††††††††††† (b)specify the deadline before which the person shall submit documents or evidence supporting his or her appeal; and

†††††††††††† (c)specify the date on which the hearing will take place.

†††††††††††† (6)Where a person appeals a suspension under paragraph (1)(b), he or she shall submit written evidence signed by a medical practitioner licensed to practise medicine under the Medical Act, 2011, a registered nurse or nurse practitioner licensed to practise nursing under the Registered Nurses Act, 2008 or a respiratory therapist with general status registered under the Health Professions Act to support his or her appeal before the deadline for submitting documents and evidence specified by the registrar.

†††††††††††† (7)The registrar may extend the deadline for submitting documents and evidence to support an appeal by a maximum of 30 days.

†††††††††††† (8)A person shall request an extension under subsection (7) in writing to the registrar at least 7 days before the deadline for submitting documents and evidence specified by the registrar under paragraph (4)(b) or (5)(b).

†††††††††††† (9)An appeal shall be heard within 30 days after the deadline for submitting documents and evidence.

Oral hearings

†† 60.7 (1) A person who submits an appeal under section 60.6 may be represented at an oral hearing of that appeal either personally or by legal counsel.

†††††††††††† (2)The registrar is not required to hold an oral hearing unless an oral hearing is requested in the appeal submitted under subsection 60.6(2) and the appeal is under one of the grounds set out in subsection 60.6(1).

†††††††††††† (3)Notwithstanding a request for an oral hearing, the registrar may order that the suspension be set aside on the basis of documents or evidence submitted without holding an oral hearing.

Decision of registrar

†† 60.8 (1) The registrar shall confirm or set aside the suspension and provide reasons for his or her decision in writing within 15 business days after the hearing.

†††††††††††† (2)The registrar may confirm a suspension appealed under paragraph 60.6(1)(b) where the person does not provide evidence under subsection 60.6(6) before the deadline specified by the registrar.

†††††††††††† (3)Where a suspension is set aside after an appeal, the registrar shall reinstate the person's driver's licence or driving privileges, subject to any other suspension under this Act.

†††††††††††† (4)The decision of the registrar under subsection (1) is final and binding.

Appeals generally

†† 60.9 (1) A suspension continues to apply notwithstanding the submission of an appeal under section 60.6.

†††††††††††† (2)The registrar may appoint a person employed in the division to carry out the duties and functions of the registrar under sections 60.6 to 60.8.

 

††††††† 4. (1) Subsection 75(3) of the Act is repealed and the following substituted:

†††††††††††† (3)The production of a policy that was in force at the time a request was made under subsection (2) at a police station within 48 hours after the request is made is considered to be sufficient production of proof of a policy.

†††††††††††† (2)Section 75 of the Act is amended by adding immediately after subsection (7) the following:

†††††††††††† (8)In a prosecution for an offence under this section, the onus is on the person charged with the offence to show that a policy of insurance was in force in respect of the motor vehicle at the time of the offence.

 

††††††† 5. Subsection 75.1(3) of the Act is repealed and the following substituted:

†††††††††††† (3)Subsections 75(3) to (6.1) and (8) apply, with the necessary changes, to an excluded driver under this section.

 

††††††† 6. Subsections 110(3) and (4) of the Act are repealed and the following substituted:

†††††††††††† (3)A person commits an offence who, contrary to subsection (2),

†††††††††††† (a)exceeds the speed limit by between 1 and 10 kilometres an hour;

†††††††††††† (b)exceeds the speed limit by between 11 and 20 kilometres an hour;

†††††††††††† (c)exceeds the speed limit by between 21 and 30 kilometres an hour;

†††††††††††† (d)exceeds the speed limit by between 31 and 50 kilometres an hour; or

†††††††††††† (e)exceeds the speed limit by 51 kilometres an hour and over.

†††††††††††† (4)Where a person who has been convicted of an offence under subsection (3) is convicted within a period of 2 years of another offence under subsection (3), the new offence shall be considered a second or subsequent offence for the purpose of the imposition of a penalty.

 

††††††† 7. The Act is amended by adding immediately after section 110 the following:

Driving causing death or bodily harm

110.01††††††††† A person who drives a vehicle on a highway or in another place without due care and attention or without reasonable consideration for other persons contrary to paragraph 110(1)(b) or (c) and thereby causes death or bodily harm to any other person is guilty of an offence and is liable to one or more of the following penalties:

†††††††††††† (a)a fine set out in the Schedule;

†††††††††††† (b)imprisonment for a term of not more than 2 years; or

†††††††††††† (c)a suspension of his or her driver's licence for a maximum of 5 years.

 

††††††† 8. Subsections 110.1(4) and (5) of the Act are repealed and the following substituted:

†††††††††††† (4)A person commits an offence who, contrary to subsection (1) or (2),

†††††††††††† (a)exceeds the speed limit by between 1 and 10 kilometres an hour;

†††††††††††† (b)exceeds the speed limit by between 11 and 20 kilometres an hour;

†††††††††††† (c)exceeds the speed limit by between 21 and 30 kilometres an hour;

†††††††††††† (d)exceeds the speed limit by between 31 and 50 kilometres an hour; or

†††††††††††† (e)exceeds the speed limit by 51 kilometres an hour and over.

†††††††††††† (5)Where a person who has been convicted of an offence under subsection (4) is convicted within a period of 2 years of another offence under subsection (4), the new offence shall be considered a second or subsequent offence for the purpose of the imposition of a penalty.

 

††††††† 9. Subsections 110.2(4) and (5) of the Act are repealed and the following substituted:

†††††††††††† (4)A person commits an offence who, contrary to subsection (1),

†††††††††††† (a)exceeds the speed limit by between 1 and 10 kilometres an hour;

†††††††††††† (b)exceeds the speed limit by between 11 and 20 kilometres an hour;

†††††††††††† (c)exceeds the speed limit by between 21 and 30 kilometres an hour;

†††††††††††† (d)exceeds the speed limit by between 31 and 50 kilometres an hour; or

†††††††††††† (e)exceeds the speed limit by 51 kilometres an hour and over.

†††††††††††† (5)Where a person who has been convicted of an offence under subsection (4) is convicted within a period of 2 years of another offence under subsection (4), the new offence shall be considered a second offence or subsequent offence for the purpose of the imposition of a penalty.

 

††††† 10. The Act is amended by adding immediately after section 110.2 the following:

Suspension for speeding 51 km/hr and over

110.3 (1) Where a peace officer has reasonable grounds to believe that a person has committed an offence under paragraph 110(3)(e), 110.1(4)(e) or 110.2(4)(e), the peace officer shall give the person a notice of suspension.

†††††††††††† (2)Upon the notice of suspension being given under subsection (1), the person's driverís licence or driving privileges are suspended for a period of 7 days beginning on the second day after the notice of suspension is given.

 

††††† 11. (1) Paragraph 121.1(2)(a) of the Act is repealed and the following substituted:

†††††††††††† (a)reduce the speed of the vehicle to a speed that is at least 30 kilometres an hour less than the speed limit and, where necessary, stop;

†††††††††††† (2)Section 121.1 of the Act is amended by adding immediately after subsection (2) the following:

†††††††† (2.1)Notwithstanding paragraph (2)(a), where the speed limit is less than 60 kilometres an hour, the driver shall reduce the speed of the vehicle to a speed not greater than 30 kilometres an hour.

 

††††† 12. Section 168 of the Act is amended by renumbering it as subsection 168(1) and adding immediately after that subsection the following:

†††††††††††† (2)Where a peace officer has reasonable grounds to believe that a person has committed an offence under this section, the peace officer shall give the person a notice of suspension.

†††††††††††† (3)Upon the notice of suspension being given under subsection (2), the person's driverís licence or driving privileges are suspended for a period of 7 days beginning on the second day after the notice of suspension is given.

 

††††† 13. The Act is amended by adding immediately after section 168 the following:

Performing stunts

168.1 (1) A person shall not drive a motor vehicle on a highway while performing or engaging in a stunt or activity that is likely to distract, startle or interfere with users of the highway.

†††††††††††† (2)Where a peace officer has reasonable grounds to believe that a person has committed an offence under this section, the peace officer shall give the person a notice of suspension.

†††††††††††† (3)Upon the notice of suspension being given under subsection (2), the person's driverís licence or driving privileges are suspended for a period of 7 days beginning on the second day after the notice of suspension is given.

 

††††† 14. Subsection 186(1) of the Act is amended by deleting the word "and" at the end of paragraph (i.2) and adding immediately after paragraph (i.2) the following:

†††††††††† (i.3)providing for the seizure and impoundment of motor vehicles by a peace officer where the officer has reason to believe that a person who was operating a vehicle contravened paragraph 110(3)(e), 110.1(4)(e), 110.2(4)(e), subsection 168(1) or 168.1(1), and in particular,

††††††††††††††††††††† (i)enabling the peace officer to delay seizing the vehicle in certain circumstances,

†††††††††††††††††††† (ii)providing for the release of a stolen vehicle,

††††††††††††††††††† (iii)requiring that a notice of seizure be given to the driver and sent to the registrar and the owner of the vehicle, and prescribing the timing and form of this notice,

††††††††††††††††††† (iv)prescribing the period of impoundment,

†††††††††††††††††††† (v)prescribing the circumstances under which an owner may apply for the early release of a vehicle,

††††††††††††††††††† (vi)providing for an appeal of a decision on an application for early release of a vehicle,

†††††††††††††††††† (vii)prescribing the fees to be paid in relation to the impoundment and release of the vehicle, and

††††††††††††††††† (viii)prescribing the types of fees and charges that shall be a lien on the impounded vehicle, the priority of those liens and how those liens may be enforced, including the sale or other disposal of the vehicle by the garage operator who takes and stores the seized and impounded vehicle or by the registrar, which sale or other disposal may vary according to the value of the vehicle; and

 

††††† 15. Subsection 210(1.1) of the Act is repealed and the following substituted:

†††††††† (1.1)Notwithstanding subsection (1), where subsection 110.1(4), 110.2(4), 121.1(2) 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.

 

††††† 16. (1) The Schedule to the Act is amended by deleting the rows starting with a reference to paragraphs 110(1)(b) and 110(1)(c) and substituting the following:

110(1)(b)

Driving without due care and attention
Second offence
Subsequent offence

500
750
1000

300
500
750

6 days
8 days
16 days

3 days
4 days
5 days

110(1)(c)

Driving without reasonable consideration for other persons
Second offence
Subsequent offence

500
750
1000

300
500
750

6 days
8 days
16 days

3 days
4 days
5 days

†††††††††††† (2)The Schedule to the Act is amended by deleting the row starting with a reference to paragraph 110(3)(d) and substituting the following:

110(3)(d)

Exceeding the speed limit by between 31 and 50 kilometres an hour
Second offence
Subsequent offence

450
600
750

300
400
500

15 days
20 days
25 days

6 days
8 days
10 days

110(3)(e)

Exceeding the speed limit by 51 kilometres an hour and over
Second offence
Subsequent offence

600
700
850

400
500
600

15 days
20 days
25 days

6 days
8 days
10 days

110.01

Driving without due care and attention or reasonable consideration for others causing death or bodily harm

20000

2000

180 days

60 days

†††††††††††† (3)The Schedule to the Act is amended by deleting the row starting with a reference to paragraph 110.1(4)(d) and substituting the following:

110.1(4)(d)

Exceeding the speed limit by between 31 and 50 kilometres an hour
Second offence
Subsequent offence

900
1200
1500

600
800
1000

15 days
20 days
25 days

6 days
8 days
10 days

110.1(4)(e)

Exceeding the speed limit by 51 kilometres an hour and over
Second offence
Subsequent offence

1200
1500
1800

800
1000
1200

15 days
20 days
25 days

6 days
8 days
10 days

†††††††††††† (4)The Schedule to the Act is amended by deleting the row starting with a reference to paragraph 110.2(4)(d) and substituting the following:

110.2(4)(d)

Exceeding the speed limit by between 31 and 50 kilometres an hour
Second offence
Subsequent offence

900
1200
1500

600
800
1000

15 days
20 days
25 days

6 days
8 days
10 days

110.2(4)(e)

Exceeding the speed limit by 51 kilometres an hour and over
Second offence
Subsequent offence

1200
1500
1800

800
1000
1200

15 days
20 days
25 days

6 days
8 days
10 days

†††††††††††† (5)The Schedule to the Act is amended by deleting the row starting with a reference to section 168 and substituting the following:

168(1)

Racing vehicles or bicycles on highways

900

180

30 days

4 days

168.1(1)

Performing or engaging in stunt while driving

900

180

30 days

4 days

Transitional

††††† 17. Where a person is requested to surrender his or her driver's licence to a peace officer after this Act receives Royal Assent but before section 3 comes into force and his or her licence is suspended for 90 days under section 60.03, 60.04 or 60.5 as a result of that request, he or she may appeal the suspension as though section 3 came into force on the day this Act receives Royal Assent.

Commencement

††††† 18. (1) This Act, with the exception of sections 2 and 3, comes into force 6 months after the day on which it receives Royal Assent.

†††††††††††† (2)Section 3 comes into force 30 days after the day on which this Act receives Royal Assent.