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Statutes of Newfoundland and Labrador 2018


CHAPTER 25

AN ACT TO AMEND THE
HIGHWAY TRAFFIC ACT

(Assented to May 31, 2018)

Analysis


        1.   Ss.60.001 to 60.005 Added
60.001 Request for
            surrender of driver's
licence at roadside

              60.002 Request for
            surrender of driver's licence at
            roadside

              60.003 Periods of
            suspension

              60.004 Periods of
           
suspension

              60.005  Legal use of drug
            for medical purpose

        2.   S.60.01 Amdt.
Request for surrender of drivers licence at roadside

        3.   S.60.02 Rep.
Request for surrender at roadside

        4.   S.60.03 Amdt.
Periods of suspension

        5.   S.60.04 Amdt.
Periods of suspension

        6.   S.60.05 Added
Suspensions generally

        7.   S.60.3 Amdt.
Removal of vehicle

        8.   S.60.5 Amdt.
Screening accompanying driver

        9.   S.60.6 Amdt.
Appeal of 90 day suspension

      10.   S.186 Amdt.
Regulations

      11.   Commencement


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

RSNL1990 cH-3
as amended

        1. The Highway Traffic Act is amended by adding immediately after section 60 the following:

Request for surrender of driver's licence at roadside

60.001 Where, upon demand of a peace officer under section 254 of the Criminal Code, a

             (a)  driver of a motor vehicle;

             (b)  person who has care or control of a motor vehicle;

             (c)  novice driver of a motor vehicle; or

             (d)  novice driver who has care or control of a motor vehicle

fails or refuses to comply with the demand, the peace officer shall request the person referred to in paragraph (a), (b), (c) or (d) to surrender his or her driver's licence, and that person shall immediately surrender his or her driver's licence.

Request for surrender of driver's licence at roadside

60.002 (1) Where a peace officer has reasonable grounds to believe that the ability of a

             (a)  driver of a motor vehicle;

             (b)  person who has care or control of a motor vehicle;

             (c)  novice driver of a motor vehicle; or

             (d)  novice driver who has care or control of a motor vehicle

to operate a motor vehicle is impaired by a drug, or a combination of a drug and alcohol, the peace officer shall request the person referred to in paragraphs (a), (b), (c) or (d) to surrender his or her driver's licence and that person shall immediately surrender his or her driver's licence.

             (2)  Where, upon demand of a peace officer made under section 254 of the Criminal Code, a

             (a)  driver of a commercial motor vehicle;

             (b)  person who has care or control of a commercial motor vehicle;

             (c)  driver of a motor vehicle who is under 22 years of age;

             (d)  person who has care or control of a motor vehicle who is under 22 years of age;

             (e)  novice driver of a motor vehicle; or

             (f)  novice driver who has care or control of a motor vehicle

provides a sample of a bodily substance which, on analysis by approved drug screening equipment as defined in section 254 of the Criminal Code, indicates the presence of a drug in his or her body as prescribed by the regulations, the peace officer shall request a person referred to in paragraphs (a), (b), (c), (d), (e) or (f) to surrender his or her driver's licence, and that person shall immediately surrender his or her driver's licence.

Periods of suspension

60.003 (1) Upon a request being made under subsection 60.002(1), whether or not the driver or person who has care or control of a motor vehicle surrenders his or her driver's licence to the peace officer, his or her driver's licence or driving privileges are suspended

             (a)  for a period of 7 days from the time the request is made, where the peace officer has reasonable grounds to believe that the ability of the driver or person who has care or control of a motor vehicle is impaired by a drug, or a combination of a drug and alcohol, or where he or she fails or refuses to comply with a demand under section 254 of the Criminal Code; and

             (b)  for a period of 90 days beginning on the fourteenth day after the expiry of the 7 day suspension, where he or she fails or refuses to comply with a demand made on him or her under section 254 of the Criminal Code.

             (2)  Upon a request being made under section 60.001 or 60.002, whether or not the driver or person who has care or control of a motor vehicle surrenders his or her driver's licence to the peace officer, his or her driver's licence or driving privileges are suspended

             (a)  for a period of 7 days from the time the request is made, where he or she is a driver or person referred to in paragraph 60.002(2)(a), (b), (c) or (d) and he or she fails or refuses to provide a sample of the requested bodily substance or where the presence of a drug is indicated as prescribed by the regulations; and

             (b)  for a period of 90 days beginning on the fourteenth day after the expiration of the 7 day suspension, where he or she fails or refuses to provide a sample of the requested bodily substance.

             (3)  Upon a request being made under section 60.001 or 60.002, and whether or not the novice driver or the novice driver who has care or control of a motor vehicle surrenders his or her driver's licence to the peace officer, where he or she fails or refuses to provide a sample of the requested bodily substance or where the presence of a drug is indicated as prescribed by the regulations, his or her driver's 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 section 60.001 or 60.002; 

             (b)  4 months for the second occasion upon which a request is made under section 60.001 or 60.002; and

             (c)  6 months for a subsequent occasion upon which a request is made under section 60.001 or 60.002

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 driver's licence reinstated beginning at the start of the level and class of driver's 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), upon a request being made under section 60.001 or 60.002, 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.

             (5)  It shall be presumed, in the absence of evidence to the contrary, that approved drug screening equipment issued for the purpose of subsection 60.002(2) has been calibrated to correctly indicate the proportion of drugs in a person's body.

Periods of suspension

60.004 (1) Where, upon demand of a peace officer made under section 254 of the Criminal Code, a driver or a person who has care or control of a motor vehicle provides a sample of a bodily substance which on analysis indicates that the proportion of a drug, or a combination of a drug and alcohol, in his or her body or blood at the time the sample was given met or exceeded the proportion of that drug or the combination of that drug and alcohol prescribed by the regulations, his or her driver's licence or driving privileges are suspended for a period of 90 days beginning on the fourteenth day following his or her receipt of a copy of the certificate of analysis.

             (2)  The procedure for reinstatement set out in subsection 60.003(3) applies to a novice driver or novice driver who had care and control of a motor vehicle following the expiry of a suspension under subsection (1).

Legal use of drug for medical purpose

60.005 Where a peace officer requests the surrender of the driver's licence under section 60.001 or 60.002 from a

             (a)  driver of a commercial motor vehicle;

             (b)  person who has care or control of a commercial motor vehicle;

             (c)  driver of a motor vehicle who is under 22 years of age;

             (d)  person who has care or control of a motor vehicle who is under 22 years of age;

             (e)  novice driver of a motor vehicle; or

             (f)  novice driver who has care or control of a motor vehicle

and the peace officer is satisfied that the person is legally authorized to use a drug for medical purposes, subsection 60.002(2) does not apply to the person solely on the basis of the presence of that drug.

 

        2. (1) Paragraph 60.01(2)(a.1) of the Act is repealed and the following substituted:

         (a.1)  a driver or person who has care or control of a motor vehicle who is under 22 years of age and not a novice driver is more than 0 milligrams of alcohol in 100 millilitres of blood; and

             (2)  Subsection 60.01(7) of the Act is repealed.

 

        3. Section 60.02 of the Act is repealed.

 

        4. (1) Subsection 60.03(2) of the Act is repealed.

             (2)  Subsection 60.03(3) of the Act is amended by deleting the words "subsection 60.01(1), (5) or (7) or section 60.02" wherever they appear and substituting the words "section 60.001 or subsection 60.01(1) or (5)".

             (3)  Subsection 60.03(5) of the Act is repealed.

 

        5. Subsections 60.04(3) to (6) of the Act are repealed.

 

        6. The Act is amended by adding immediately after section 60.04 the following:

Suspensions generally

60.05 (1) A 7 day suspension shall be served concurrently with a prior unexpired suspension.

             (2)  A 90 day suspension shall be served concurrently with a suspension under section 65 and consecutively to another unexpired suspension.

             (3)  Where under section 60.001, 60.002, 60.003, 60.004, 60.01 or 60.1 a driver's licence or driving privileges are suspended, the peace officer who requested the surrender of the driver's licence shall

             (a)  keep a record of the driver's licence or driving privileges suspended with the name and address of the driver, novice driver or person or novice driver who has care or control of the motor vehicle;

             (b)  provide the driver, novice driver or person or novice driver who has care or control of the motor vehicle whose driving privileges are suspended with a notice which shall include the time from which the suspension takes effect, the length of the period during which his or her driver's licence is suspended, if known, and shall indicate that the registrar shall inform the novice driver or novice driver who has care or control of the motor vehicle of when he or she may apply for a driver's licence and that notice shall, where the driver, novice driver or person or novice driver who has care or control of the motor vehicle surrenders his or her driver's licence, constitute a receipt of that driver's licence; and

             (c)  notify the registrar of the suspension of the driver's licence or driving privileges.

             (4)  Upon the termination of a 7 day suspension under section 60.003, 60.03 or 60.04, the driver's licence shall, if it was surrendered to a peace officer, be returned to the licensee at the address shown on the driver's licence or to another address requested by the licensee.

 

        7. Subsection 60.3(1) of the Act is repealed and the following substituted:

Removal of vehicle

   60.3 (1) Where, under sections 60.001 to 60.04 and 60.1, the driver's licence or driving privileges of a driver are suspended, and the motor vehicle which the driver was driving at the time is in a location from which, in the opinion of the peace officer who requested the surrender of the driver's licence or driving privileges, it should be removed, and there is no person with a driver's licence easily available to remove the motor vehicle with the consent of the driver, the peace officer may remove the motor vehicle or cause it to be removed to a nearby area where parking is permitted and notify the driver of its location.

 

        8. (1) Subsection 60.5(1) of the Act is repealed and the following substituted:

Screening accompanying driver

   60.5 (1) Where a peace officer has brought a novice driver to a stop under the authority of this Act, and the peace officer reasonably suspects that the accompanying driver has alcohol or drugs in his or her body, the peace officer may demand that the accompanying driver immediately provide a sample of breath or a bodily substance into an approved screening device or approved drug screening equipment as defined in section 254 of the Criminal Code as if he or she was the person operating the motor vehicle.

             (2)  Section 60.5 of the Act is amended by adding immediately after subsection (2.1) the following:

         (2.2)  Where, upon demand of a peace officer made under subsection (1), an accompanying driver fails or refuses to provide a sample of a requested bodily substance or provides a sample of a requested bodily substance which on analysis by approved drug screening equipment, as defined in section 254 of the Criminal Code, indicates the presence of a drug in his or her body as prescribed by the regulations, the peace officer may direct the novice driver not to drive a motor vehicle on a highway while an accompanying driver's body has the presence of a drug as prescribed by the regulations and shall request that the accompanying driver surrender his or her driver's licence.

             (3)  Subsection 60.5(5.1) of the Act is repealed and the following substituted:

         (5.1)  Upon a request being made under subsection (2.1), (2.2) or (3.1), whether or not the accompanying driver surrenders his or her driver's licence to the peace officer, his or her driver's licence or driving privileges are suspended

             (a)  for a period of 7 days from the time the request is made where the peace officer has reasonable grounds to believe that the ability of the accompanying driver is impaired by a drug, or a combination of a drug and alcohol, where the presence of a drug is indicated as prescribed by the regulations or where he or she fails or refuses to comply with a demand under section 254 of the Criminal Code; and

             (b)  for a period of 90 days beginning on the fourteenth day after the expiry of the 7 day suspension where the accompanying driver fails or refuses to comply with a demand made on him or her under section 254 of the Criminal Code.

             (4)  Section 60.5 of the Act is amended by adding immediately after subsection (5.3) the following:

         (5.4)  Where, upon demand of a peace officer made under section 254 of the Criminal Code, an accompanying driver provides a sample of a bodily substance which on analysis indicates that the proportion of a drug, or a combination of a drug and alcohol, in his or her body or blood at the time the sample was given met or exceeded the proportion of that drug or the combination of that drug and alcohol prescribed by the regulations, his or her driver's licence or driving privileges are suspended for a period of 90 days beginning on the fourteenth day following his or her receipt of a copy of the certificate of analysis.

             (5)  Section 60.5 of the Act is amended by adding immediately after subsection (6) the following:

             (7)  Where a peace officer requests the surrender of the accompanying driver's licence under this section and the peace officer is satisfied that the accompanying driver is legally authorized to use a drug for medical purposes, subsection (2.2) does not apply to him or her solely on the basis of the presence of that drug.

 

        9. Subsection 60.6(1) of the Act is repealed and the following substituted:

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 60.003, 60.004, 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, blood or bodily substance was made; or

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

 

      10. (1) Subsection 186(1) of the Act is amended by adding immediately after paragraph (g) the following:

       (g.01)  prescribing the proportion of a drug in a person's body that constitutes a presence for the purpose of this Act;

       (g.02)  prescribing the proportion of a drug in a person's body or blood that is prohibited for the purpose of this Act;

             (2)  Paragraph 186(1)(i.2) of the Act is repealed and the following substituted:

           (i.2)  providing for the seizure and impoundment of motor vehicles by a peace officer after a demand is made by a peace officer under section 254 of the Criminal Code, and in particular,

                      (i)  prescribing the circumstances under which a vehicle may be seized and impounded,

                     (ii)  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,

                    (iii)  prescribing the period of impoundment,

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

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

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

                   (vii)  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

Commencement

      11. This Act, or a section, subsection, paragraph or subparagraph of this Act, other than subsection 2(1), comes into force on a day or days to be proclaimed by the Lieutenant-Governor in Council.