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.
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