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Newfoundland and Labrador
Regulation 2018


NEWFOUNDLAND AND LABRADOR REGULATION 86/18

NEWFOUNDLAND AND LABRADOR
REGULATION 86/18

Vehicle Seizure and Impoundment Regulations, 2012 (Amendment)
under the
Highway Traffic Act
(O.C. 2018-198)

(Filed October 4, 2018)

Under the authority of section 186 of the Highway Traffic Act, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John's, October 3, 2018.

Ann Marie Hann
Clerk of the Executive Council

REGULATIONS

Analysis


        1.   S.6.1 R&S
At or over prohibited proportion, presence of drug or failure or refusal to provide sample

        2.   Commencement


NLR 62/12
as amended

        1. Section 6.1 of the Vehicle Seizure and Impoundment Regulations, 2012 is repealed and the following substituted:

At or over prohibited proportion, presence of drug or failure or refusal to provide sample

      6.1 (1) A peace officer shall seize a motor vehicle and impound it where the proportion of alcohol in the blood of the driver operating the vehicle or the person who has care or control of the vehicle meets or exceeds the prohibited proportion.

             (2)  A motor vehicle impounded under subsection (1) shall be held for a period of 7 days where the driver operating the vehicle or the person who has care or control of the vehicle is

             (a)  22 years of age or older and not a novice driver and the proportion of alcohol in his or her blood is 50 milligrams of alcohol or more but less than 80 milligrams of alcohol in 100 millilitres of blood; or

             (b)  less than 22 years of age or a novice driver and the proportion of alcohol in his or her blood is greater than 0 milligrams of alcohol but less than 80 milligrams of alcohol in 100 millilitres of blood,

after which period the vehicle may be released in accordance with subsection 19(1).

             (3)  A motor vehicle impounded under subsection (1) shall be held for a period of 30 days where the proportion of alcohol in the blood of the driver operating the vehicle or the person who has care or control of the vehicle is 80 milligrams of alcohol or more in 100 millilitres of blood after which period the vehicle may be released in accordance with subsection 19(1).

             (4)  A peace officer shall seize a motor vehicle and impound it where

             (a)  the driver operating the vehicle or the person who has care or control of the vehicle is less than 22 years of age, a novice driver or a driver of a commercial motor vehicle and the proportion of a drug in the body of that driver or person constitutes a presence in accordance with Presence and Prohibited Proportion of Drugs Regulations; or

             (b)  the peace officer has reasonable grounds to believe that the ability of the driver operating the vehicle or the person who has care or control of the vehicle to operate the motor vehicle is impaired by a drug or a combination of a drug and alcohol.

             (5)  A motor vehicle impounded under subsection (4) shall be held for a period of 7 days after which period the vehicle may be released in accordance with subsection 19(1).

             (6)  A peace officer shall seize a motor vehicle and impound it where the driver operating the vehicle or the person who has care or control of the vehicle fails or refuses to comply with a demand made under section 254 of the Criminal Code.

             (7)  A motor vehicle impounded under subsection (6) shall be held for a period of 30 days after which period the vehicle may be released in accordance with subsection 19(1).

Commencement

        2. These regulations come into force on October 17, 2018.