NEWFOUNDLAND REGULATION 110/98

Short title

1. These regulations may be cited as the Highway Traffic Driver Regulations, 1999.

Interpretation

2. (1) In these regulations

(a) "accompanying driver" means, in the Act and these regulations, a driver who is required to accompany a novice driver under sections 5,6, 7 and 8;

(b) "Act" means the Highway Traffic Act;

(c) "air brake endorsement" means an authorization of the registrar under section 21 which permits a person to operate vehicles equipped with air brake systems;

(d) "approved driver education program" means a driver education program approved by the minister under section 23;

(e) "authorized driving instructor" means a person who has been approved as a driving instructor by the registrar under section 24;

(f) "endorsed" and "endorsement" means an indication upon a person's driver's licence, authorized by the registrar, of

(i) that person's status as a novice driver,

(ii) the class or classes of driver's licence held by that person,

(iii) the authorization for that person to receive instruction from an authorized driving instructor and an accompanying driver for the purpose of upgrading to a new class of driver's licence, and

(iv) the authorization for that person to operate a motor vehicle equipped with an air brake system;

(g) "international driving permit" means a special licence authorized by treaty between different nations of the world to allow tourists and other international travellers to operate a motor vehicle internationally;

(h) "level I" means the category of class 5 or class 6 driver's licence held by a novice driver in accordance with section 5 or section 7;

(i) "level II" means the category of class 5 or 6 driver's licence held by a novice driver in accordance with section 6 or 8;

(j) "novice driver" means, in the Act and in these regulations, a person who holds a level I or a level II of a class 5 or 6 driver's licence; and

(k) "novice driver's licence" means a level I or a level II of a class 5 or 6 driver's licence.

(2) A reference in these regulations to a class 5 or a class 6 shall be considered to be a reference to a full class 5 or class 6 licence and not to a level I or level II of a class 5 or 6 novice driver's licence unless the context indicates otherwise.

Classes of licence

3. (1) There are established, as described in subsection (2), different classes of driver's licence for the province.

(2) The registrar may issue to a person who meets the requirements for holding that particular class of licence, a

(a) class 1 driver's licence which shall permit the holder to operate semi trailer trucks and other classes of driver's licence as shown by the endorsement of the registrar on the licence;

(b) class 2 driver's licence which shall permit the holder to operate buses which carry more than 24 passengers and other classes of driver's licence as shown by the endorsement of the registrar on the licence;

(c) class 3 licence which shall permit the holder to operate trucks with 3 or more axles and a combination of vehicles and other classes of driver's licence as shown by endorsements of the registrar on the licence but does not include a semi trailer truck;

(d) class 4 driver's licence which shall permit the holder to operate taxis, ambulances and buses which carry not more than 24 passengers and other classes of driver's licence as shown by endorsements of the registrar on the licence;

(e) class 5 driver's licence which shall permit the holder to operate all motor vehicles with not more than 2 axles and combinations of vehicles where the towed vehicle is not more than 4500 kilograms in weight, buses, taxis and ambulances while not carrying passengers, self propelled motor homes with 2 or more axles, farm tractors, fork lifts, trucks designed for off highway use and vehicles known as backhoes;

(f) class 6 driver's licence which shall permit the holder to operate a motorcycle only;

(g) class 7 driver's licence which shall permit the holder to drive as a learner in accordance with section 29 and when accompanied by a licenced driver for that class; and

(h) class 8 driver's licence which shall permit the holder to operate traction engines only.

(3) The registrar shall not issue to a person a class 1, 2, 3 or 4 driver's licence unless that person has first been issued a class 5 driver's licence and has had not less than one year of driving experience as a holder of a class 5 licence.

(4) A person shall not upgrade to a class 1,2,3 or 4 driver's licence unless he or she has first been issued an endorsement authorizing him or her to learn the appropriate skills.

(5) The registrar shall not, unless otherwise stated in these regulations, issue to a person a class 5 driver's licence unless that person has first completed levels I and II of a class 5 driver's licence as required by these regulations.

(6) The registrar shall not, unless otherwise stated in these regulations, issue to a person a class 6 driver's licence unless that person has first completed levels I and II of a class 6 driver's licence as required by these regulations.

(7) The registrar may waive a requirement under this section where he or she is satisfied that the circumstances warrant such a waiver.

Novice driver's licence

4. (1) A person who is 16 years of age or older may apply to the registrar for a class 5 or a class 6 novice driver's licence.

(2) Upon making an application under subsection (1), a person shall provide to the registrar an official birth certificate or other proof of identification and age which are satisfactory to the registrar.

(3) A novice driver's licence shall not be issued to a person who has not attained the age of 19 years unless the application for that licence has been approved and signed by that person's parent or legal guardian or another person whom the registrar considers to be acceptable.

(4) A novice driver's licence shall entitle the holder, while having possession of the licence to operate a motor vehicle, in accordance with the Act and these regulations, as a Level I or a Level II of a class 5 or class 6 licence.

Level I, class 5

5. (1) A novice driver level I of a class 5 driver's licence is valid for not more than 2 years.

(2) A novice driver who holds a Level I, class 5 driver's licence may have the care or control of a motor vehicle, whether in motion or not provided that

(a) he or she is accompanied by a person who holds and has held a class 5 driver's licence or its equivalent from another jurisdiction, for not fewer than 4 years and who occupies a seat in the front of the motor vehicle, adjacent to the novice driver;

(b) no person, other than the novice driver and a person referred to in paragraph (a), is in that motor vehicle;

(d) he or she displays in a conspicuous position upon the rear of the motor vehicle which he or she is driving, a sign containing the words "NOVICE DRIVER" in letters which are not shorter than 5 centimetres in height, in black lettering, on a white background.

(3) A novice driver shall remain at level I, class 5 for not fewer than 12 months from the date of issuance of the driver's licence at that level unless that novice driver has successfully completed a driver education program approved by the minister in which case the period is reduced to 8 months.

Level II, class 5

6. (1) A novice driver who holds a Level II, class 5 licence may operate or have the care or control of a motor vehicle, whether in motion or not, provided that

(a) between the hours of midnight and 5 a.m. he or she is accompanied by a person who holds and has held a class 5 driver's licence or it equivalent from another jurisdiction, for not fewer than 4 years and who occupies the front seat of the motor vehicle adjacent to the novice driver; and

(b) there are no more passengers in that motor vehicle than there are seat belts available for those passengers.

(2) A novice driver shall, before obtaining a level II of a class 5 driver's licence, successfully complete a driving road test as required by the registrar.

(3) A person shall remain at level II, class 5 for not fewer than 12 months and shall be considered to hold a class 5 driver's licence commencing 12 months after the date on which a level II, class 5 driver's licence was issued to him or her except that where his or her level II, class 5 driver's licence has been suspended under section 60.4 of the Act, the Criminal Code (Canada) or section 5 of the Highway Traffic Demerit Point System Regulations his or her class 5 driver's licence shall commence immediately after 12 months after the re-issuance of his or her level II, class 5 driver's licence.

(4) Notwithstanding subsection (1), where a Level II, class 5 novice driver is driving to or from his or her place of employment, he or she is exempt from the requirement to have an accompanying driver provided that proof of that employment and compliance with this exemption shall, upon demand, be provided to a peace officer.

Level I, class 6

7. (1) A novice driver's level I, class 6 driver's licence is valid for not more than 2 years.

(2) A novice driver who holds a level I, class 6 driver's licence may operate or have the care or control of a motorcycle, whether in motion or not, provided that he or she

(a) is accompanied by a motor cycle driver, on another motor cycle or in another motor vehicle, who holds and has held a class 6 driver's licence and who has had not fewer than 4 years experience as a motor cycle driver with that licence or an equivalent licence from another jurisdiction;

(b) does not operate a motor cycle from one half hour before sunset until one half hour after sunrise;

(d) does not carry passengers.

(3) A novice driver shall remain at a level I, class 6 for not fewer than 12 months from the date on which that level driver's licence was issued unless that novice driver has successfully completed an approved driver education program for motor cycle drivers in which case the period is reduced to 8 months.

Level II, class 6

8. (1) A novice driver who holds a level II, class 6 driver's licence may operate or have the care or control of a motor cycle whether in motion or not provided that he or she shall not operate that motor cycle between the hours of midnight and 5 a.m.

(2) A novice driver shall, before obtaining a level II, class 6 driver's licence, successfully complete a driver's road test as required by the registrar.

(3) A person shall remain as a novice driver at level II, class 6 for not fewer than 12 months and shall be considered to hold a class 6 driver's licence 12 months after the date on which that level II, class 6 driver's licence was issued to him or her except that where his or her level II, class 6 driver's licence has been suspended under section 60.4 of the Act, the Criminal Code or section 5 of the Highway Traffic Demerit Point System Regulations his or her class 6 driver's licence shall commence immediately after 12 months after the re-issuance of his or her level II, class 6 driver's licence.

(4) Notwithstanding subsection (3) and subsection 7(3), where a person who is the holder of a class 5 driver's licence applies as a novice driver for a level I, class 6 driver's licence, that person shall remain at level I, class 6 for 3 months or, where he or she has satisfactorily completed a motor cycle driver education program approved by the minister, for 1 month and provided that he or she successfully completes a road test required by the registrar, he or she may then be issued an endorsement for a class 6 driver's licence.

Parent or guardian presence

9. Notwithstanding paragraph 5(2)(b), one or more parents or guardians of a novice driver may be present in a motor vehicle while that novice driver is undergoing instruction from an authorized driving instructor.

Suspension

10. (1) Where a novice driver's level I, class 5 or 6 driver's licence is suspended, his or her driver's licence shall, where reinstated, be reissued as if level I were being commenced for the first time.

(2) Where a novice driver's level II, class 5 or 6 driver's licence is suspended, his or her driver's licence shall, where reinstated, be reissued as if Level II were being commenced for the first time.

(3) Notwithstanding subsections 6(3) and 8(3), where a licence has been cancelled or suspended and reissued, the total time during which a person shall hold a level II, class 5 or class 6 licence shall be not less than 12 months.

(4) Where an approved driver education program or a road, skill, written or vision examination has been successfully completed by a person whose driver's licence has been cancelled or suspended, the registrar may waive a further examination before reinstating that licence.

Other jurisdiction

11. A period of time during which a novice driver is a licensed driver in another province or territory of Canada or of another country may, in the discretion of the registrar be substituted for a period of time during which the novice driver is required to have a level I or II of a class 5 or 6 driver's licence.

Medical

12. The registrar shall not issue a driver's licence to the persons referred to in paragraphs (a) and (b) unless the driver has undergone a medical examination and filed with the registrar a certificate from a qualified medical practitioner and completed in accordance with medical standards fixed by the Canadian Medical Association, or the National Safety Code, and

(a) for a person who holds a class 1, 2, 3 or 4 driver's licence, the certificate shall be filed at the time of making the original application, every 5 years to age 45, every 3 years to age 65 and annually each year after age 65; and

(b) for a person who holds a class 5, 6 or 8 driver's licence, the certificate shall be filed at the ages of 75 and 80 years and every 2 years after the age of 80 years.

Examination

13. (1) The registrar shall not issue to a person a driver's licence of any class or level, unless that person has successfully completed the driver examinations which the registrar may require at the time and place that the registrar may require.

(2) An examination under subsection (1) shall include

(a) a test of the person's vision, ability to identify and understand highway signs and a knowledge of highway traffic laws and safe driving practices before the issuance of a level 1, class 5 or 6 novice driver's licence;

(b) a test of the person's ability to operate a motor vehicle upon a highway in traffic conditions at the direction of a driver examiner before the issuance of a level II, class 5 or 6 novice driver's licence;

(d) those other tests that the registrar considers necessary.

(3) The registrar may vary the requirements of this section where he or she is of the opinion that an examination or requirement is not necessary.

(4) For the purpose of paragraph (2)(b), more than one driver examiner may be present in a motor vehicle that is being driven by a novice driver.

Class 8

14. A person who applies for a class 8 driver's licence is not required to have a class 5 driver's licence.

Other jurisdictions

15. (1) An applicant for a driver's licence of any class who has a valid driver's licence issued by another jurisdiction shall deliver that licence to the registrar and the registrar shall not issue to that person, under the Act, a driver's licence of any level or class until the licence from the other jurisdiction has been delivered to him or her.

(2) Where the registrar verifies that a driver's licence has been issued by another jurisdiction but is not available for delivery to him or her, he or she may waive the requirement that the licence be delivered under subsection (1) and may issue a driver's licence in accordance with the Act.

(3) Notwithstanding subsection (1), the registrar may permit a driver from another jurisdiction to retain his or her licence from that jurisdiction where the registrar is satisfied that that retention is necessary.

(4) Except as provided under subsection (3), a person shall not hold more than one driver's licence whether or not that licence has been issued under this Act or an Act of another jurisdiction.

Applicant from another jurisdiction

16. Where an applicant for a driver's licence has a valid driver's licence from another jurisdiction authorizing that applicant to drive a class of motor vehicle for which the driver's licence is sought, the registrar, before issuing a driver's licence under the Act and regulations

(a) with respect to a driver's licence issued in Canada, the United States or Germany may waive all examination requirements;

(b) with respect to a driver's licence issued in another jurisdiction not described in paragraph (a), shall require compliance with section 13 unless a reciprocal agreement concerning mutual recognition of driver licences is in effect between the province and the other jurisdiction, in which case the registrar shall comply with the terms of that agreement; and

(c) for the purpose of facilitating the licencing of drivers who change their place of residence, the registrar may enter into reciprocal agreements granting mutual recognition of valid driver's licences issued by the signatory jurisdictions and providing for waivers of certain examination requirements, and the terms of those agreements shall be complied with as if they were part of these regulations.

Exemption

17. Section 13 shall not apply to a person who applies for a driver's licence of any class

(a) who holds a valid Canadian Forces Europe Driving Permit; and

(b) who is a member of a visiting NATO force.

NATO forces

18. A person visiting the province as a member of the NATO Forces in accordance with the provisions of Article IV(a) of the Status of Forces Agreement may operate a forces service vehicle provided he or she holds a valid driver's licence from the visiting force state.

International Driving Permit

19. A person who holds a valid International Driving Permit may drive a motor vehicle in the province for not more than 90 days from the date of entering the province, provided the person is not a resident of the province.

Renewal

20. The registrar shall not renew a driver's licence of any class if that licence has been expired for more than 5 years unless that person complies with section 13.

Air brakes

21. A person shall not operate a motor vehicle equipped with an air braking system unless that person's driver's licence has an air brake endorsement indicating that the person may operate a motor vehicle with air brakes.

Exemption

22. A

(a) peace officer or a firefighter operating a motor vehicle while on duty;

(b) driver examiner or motor vehicle inspector appointed under the Act who is operating a motor vehicle while on duty;

(d) motor vehicle mechanic or garage service personnel who is operating a service truck or road testing a motor vehicle or calling for or delivering a motor vehicle either before or after servicing or repair to that truck or motor vehicle,

and who holds a class 5 driver's licence, is exempt from a requirement to have an endorsement for a particular vehicle or class of licence.

Approved driver education program

23. (1) The minister may approve, in the manner which he or she may establish, the operation of driver education programs in the province.

(2) An approved driver education program may be established to

(a) teach proper and safe motor vehicle operation skills to novice drivers and to persons about to become holders of a novice driver's licence;

(b) teach proper and safe motor vehicle operation skills to persons who hold or have held a driver's licence; and

(c) teach proper and safe motor vehicle operation skills to a person who is upgrading his or her driver's licence from a class 5 or 6 to another class of driver's licence.

(3) A driver education program approved under this section shall comply with the policies and guidelines which the minister may establish with respect to program content, duration, records, vehicles, instructors, materials and other requirements.

(4) Where, under the Act or as directed by the registrar or the minister, a person is required to complete an approved driver education program or a similar course respecting the operation of a motor vehicle, that program shall be approved under subsection (1).

(5) A driver education program shall not be approved by the minister under this section unless the program has instruction held in a motor vehicle in addition to instruction held in a classroom.

(6) The minister may cancel an approval issued under subsection (1) in accordance with the policies and guidelines which he or she may establish.

Authorized driving instructor

24. (1) A person may apply to the registrar and the registrar may issue to that person a designation as an authorized driving instructor for the purpose of instructing persons who are enrolled in an approved driver education program.

(2) A person shall not be designated as an authorized driving instructor under subsection (1) unless he or she

(a) has held a class 5 driver's licence or it equivalent from another jurisdiction for not fewer than 5 years; and

(b) complies with the policies and guidelines that the minister may establish for authorized driving instructors.

(3) The registrar may cancel a designation made under subsection (1) in accordance with the policies and guidelines which the minister may establish.

Students occupying driver education motor vehicle

25. (1) Where a class 5 driver's licence has been endorsed to allow instruction by an authorized driving instructor in class 1, 2, 3 or 4 the holder of that licence may have in a motor vehicle with him or her, not more than 4 students who are participating in a driving instruction class under the direction of that person and an approved driver education program, provided that the motor vehicle is equipped with seating for those students and those students are not in the front seat of the vehicle.

(2) Notwithstanding paragraph 5(2)(b), where a motor vehicle is being driven by a Level I, class 5 novice driver and the accompanying driver is authorized under section 24 to give driving instruction, the rear seat of that motor vehicle may be occupied during driving instruction, for the purpose of instruction, by not more than 3 novice drivers.

Upgrading driver

26. A person who is upgrading his or her driver's licence from a class 5 or 6 to another class of driver's licence in accordance with subsection 3(4) shall not operate a motor vehicle requiring the upgraded driver's licence unless he or she is

(a) receiving instruction from an authorized instructor while taking an approved driver education program described in paragraph 23(2)(c); or

(b) accompanied in the front seat adjacent to him or her by a person who holds a driver's licence of the class for which an upgraded driver's licence is being sought.

Evidence of program completion

27. Before reinstating the driver's licence of a person, including a novice driver, whose licence has been suspended under section 60.4 of the Act, suspended due to a 24 hour roadside suspension or due to a conviction of a driving offence under the Act or the Criminal Code (Canada), the registrar shall require the person to provide evidence, at that person's own expense, of having successfully completed one or more of the following programs or assessments as set out in Schedule A:

(a) an approved driver education program; and

(b) an alcohol dependency assessment,

and where recommended by the registrar, an alcohol rehabilitation program.

Fines

28. A novice driver who commits an offence because he or she does not comply with a provision of these regulations is liable upon summary conviction to pay the fines established under Schedule B.

Transitional learner

29. (1) Where a person holds a class 7 driver's licence issued under the Act on or before December 31, 1998, that person may apply for a driver's licence in accordance with those regulations.

(2) Notwithstanding subsection (1), where a person holds a class 7 driver's licence with an authorization to drive in class 5, issued under the Act on or before December 31, 1998, after the commencement of these regulations, that person shall comply with sections 60.4 and 60.5 of the Act as if he or she were categorized as a novice driver and may have the care or control of a motor vehicle whether in motion or not, provided that

(a) he or she is accompanied by a person who holds and has held a class 5 driver's licence for not fewer than 4 years and who occupies a seat in the front of the motor vehicle adjacent to the driver;

(b) no other person, other than the person referred to in paragraph (a) is in the motor vehicle;

(d) he or she displays upon the rear of the motor vehicle which he or she is driving, a sign containing the words "NOVICE DRIVER" in black letters on a white background and not shorter than 5 centimetres in height.

(3) Notwithstanding subsection (1), where a person holds a class 7 driver's licence with an authorization to drive in class 6, issued under the Act on or before December 31, 1998, after the commencement of these regulations, that person shall comply with sections 60.4 and 60.5 of the Act as if he or she were categorized as a novice driver and may have the care or control of a motor cycle whether in motion or not, provided that he or she

(a) is accompanied by a motor cycle driver, on another motor cycle or in another motor vehicle, who holds and has held a class 6 driver's licence and who has not had fewer than 4 years experience as a motor cycle driver with that licence or an equivalent licence from another jurisdiction;

(b) does not operate a motor cycle from one half hour before sunset until one half hour after sunrise;

(d) does not carry passengers.

Transitional novice driver, age 17

30. (1) Where a person is or will be 17 years of age on or before December 31, 1999, that person may apply for a driver's licence as a novice driver at level I of class 5 or 6.

(2) Where a novice driver referred to in subsection (1) has completed the requirements as a level I class 5 or 6 novice driver and has

(a) completed instruction from an approved driver education program;

(b) passed a driver road test examination required by the registrar on or before December 31, 1999; and

that novice driver may immediately apply for a class 5 or 6 driver's licence.

(3) Where a novice driver referred to in subsection (1) has

(a) not completed instruction from an approved driver education program; and

(b) passed a driver road test required by the registrar on or before December 31, 1999; and

that novice driver may be issued a Level II, class 5 or 6 novice driver's licence.

Repeal

31. The Highway Traffic Driver Regulations, Consolidated Newfoundland Regulation 13/96, are repealed.

Commencement

32. These regulations shall come into force on January 1, 1999.

Schedule A

Suspension type	No. of Suspensions	Within a period of	Requires evidence of completion of following prior to reinstatement
24 hours	3	2 years	Education program
24 hours	4	2 years	Education program
24 hours	5 or more	2 years	Alcohol assessment/Rehabilitation
Criminal Code	1		Education program
Criminal Code	2 or more	5 years	Alcohol assessment/Rehabilitation
Combination of 24 hours and Criminal Code	3 and 1	2 years	Alcohol assessment/Rehabilitation
Section 60.4 of Act
2 months	1		-
4 months	2		Education program
6 months	3		Alcohol assessment/Rehabilitation

Schedule B

		Penalty
Section, subsection or paragraph	Offence	A fine of not more than the dollar amounts specified
		Max	Min.
5(2)(a)	Failure to have accompanying driver or qualified accompanying driver	90	65
5(2)(b)	Passengers in vehicle	90	65
5(2)(c)	Driving between midnight and 5 a.m.	90	65
5(2)(d)	No display of " novice driver"	90	65
6(1)(a)	Failure to have accompanying driver or qualified accompanying driver	90	65
6(1)(b)	Passenger where insufficient number of seat belts	90	65
7(2)(a)	Failure to have accompanying driver or qualified accompanying driver	90	65
7(2)(b)	Driving between sunset and sunrise	90	65
7(2)(c)	Driving on highway with speed limit more than 80 kmph	90	65
7(2)(d)	Carrying a passenger	90	65
8(1)	Driving between midnight and 5 a.m.	90	65
21	Operating air brake equipped vehicle without proper endorsement	90	65
26	Upgrading driver's licence without properly licensed driver instructor	90	65