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Newfoundland and Labrador
Regulation 2003


NEWFOUNDLAND AND LABRADOR REGULATION 74/03

NEWFOUNDLAND AND LABRADOR
REGULATION 74/03

Highway Traffic Driver Regulations, 1999 (Amendment)
under the
Highway Traffic Act
(O.C. 2003-359)

(Filed July 18, 2003)

Under the authority of sections 55.1 and 186 of the Highway Traffic Act, the Minister of Government Services and Lands and the Lieutenant-Governor in Council make the following regulations.

Dated at St. Johnís, July 11, 2003.

George Sweeney
Minister of Government Services and Lands

Tim Murphy
Deputy Clerk of the Executive Council

REGULATIONS

Analysis


††††††† 1. PART I Heading Added
INTERPRETATION

††††††† 2.†† S.2 Amdt.
Interpretation

††††††† 3. Part II Heading Added
DRIVER LICENSING

††††††† 4. Part III Heading Added
DRIVER EDUCATION
AND UPGRADING

††††††† 5. PART IV Added

††††††††††††† PART IV
IGNITION INTERLOCK PROGRAM

††††††††††††† 26.1 ††††††††††††††††††††† Ignition interlock
††††††† application
26.2 ††††††††††††††††††††† Extension of ignition
††††††† interlock restriction
26.3 Installation
26.4 ††††††††††††††††††††† Costs
26.5 ††††††††††††††††††††† Duties of licence
††††††† holder
26.6 ††††††††††††††††††††† Registrar's Advisory
††††††† Committee
26.7 ††††††††††††††††††††† Inspection
26.8 ††††††††††††††††††††† Offence

††††††† 6.†† Part V Heading Added

††††††††††††† GENERAL

††††††† 7. S.27 R&S
Evidence of program completion

††††††† 8.†† Ss.29&30 Rep.
29.†† Transitional learner
30.
†† Transitional novice
††††††† driver, age 17

††††††† 9. Sch A R&S

††††† 10. Commencement


NLR 110/98

††††††† 1. The Highway Traffic Driver Regulations, 1999 are amended by adding immediately after section 1 the following:

PART I
INTERPRETATION

 

††††††† 2. (1) Subsection 2(1) of the regulations is amended by adding immediately after paragraph (e) the following:

††††††††† (e.1)"authorized installer" means a person authorized by the registrar under section 26.3 to install, maintain and remove ignition interlock devices;

†††††††††††† (2)Subsection 2(1) of the regulations is amended by adding immediately after paragraph (f) the following:

†††††††††† (f.1)"ignition interlock device" means a device approved by the registrar that is designed to ascertain the presence of alcohol in a driverís body and to prevent a motor vehicle from being started if the concentration of alcohol in the driverís body exceeds 20 milligrams of alcohol in 100 millilitres of blood;

†††††††††† (f.2)"ignition interlock restriction" means a restriction on a person's driver's licence that they may only operate a motor vehicle that is equipped with an ignition interlock device;

 

††††††† 3. The regulations are amended by adding immediately after section 2 the following:

PART II
DRIVER LICENSING

 

††††††† 4. The regulations are amended by adding immediately after section 22 the following:

PART III
DRIVER EDUCATION
AND UPGRADING

 

††††††† 5. The regulations are amended by adding immediately after section 26 the following:

PART IV
IGNITION INTERLOCK PROGRAM

Ignition interlock application

†† 26.1 (1) A person whose driver's licence or driving privileges are suspended under subsection 65(1) of the Act may apply to the registrar during the suspension period for reinstatement of his or her driver's licence or driving privileges with an ignition interlock restriction where he or she is

†††††††††††† (a)no longer subject to a prohibition under section 259 of the Criminal Code from operating a motor vehicle; or

†††††††††††† (b)authorized by the court under section 259 of the Criminal Code to operate a motor vehicle with ignition interlock during the court ordered prohibition period.

†††††††††††† (2)An application under subsection (1) shall be made in the form set by the registrar which shall include a notification to applicants that participation in the ignition interlock program could result in the ignition interlock restriction continuing beyond the period of suspension of their driverís licence.

†††††††††††† (3)The application shall be accompanied by the application fee set by the minister.

†††††††††††† (4)The registrar may issue to an applicant a driver's licence with an ignition interlock restriction where the applicant

†††††††††††† (a)is not otherwise prohibited or disqualified from driving under another provision of the Act or a law of another jurisdiction;

†††††††††††† (b)has complied with the requirements in subsection 27(2) of these regulations;

†††††††††††† (c)has paid the reinstatement fee set by the minister; and

†††††††††††† (d)has provided proof of payment of all outstanding fines or late payment penalties that the registrar may require to be paid under section 16.1 of the Act.

†††††††††††† (5)Where the registrar decides to accept an application under this section the registrar shall

†††††††††††† (a)approve the applicant for installation and use of an ignition interlock device; and

†††††††††††† (b)issue a driverís licence with a restriction that the holder may only operate a motor vehicle that is equipped with an ignition interlock device.

†††††††††††† (6)The restriction on a licence issued under this section shall remain in place until the expiry of the suspension period under section 65 of the Act and the court ordered prohibition period.

†††††††††††† (7)Where the restriction on a licence issued under this section lapses, the registrar shall authorize the removal of an ignition interlock device installed by the licence holder.

Extension of ignition interlock restriction

†† 26.2 (1) Notwithstanding subsection 26.1(6), the registrar may upon review of a person's driving record and the records submitted under section 26.3 in relation to the operation of ignition interlock devices installed by that person, extend the restriction on the person's driver's licence under subsection 26.1(5) beyond the expiry of the suspension period under section 65 of the Act and the court ordered prohibition period.

†††††††††††† (2)Where the registrar intends to extend a person's ignition interlock restriction under subsection (1), the registrar shall give the person notice in writing 90 days prior to the later of the expiry of the suspension period under section 65 of the Act and the court ordered prohibition period,

†††††††††††† (a)that the registrar intends to extend the ignition interlock restriction on the person's driver's licence beyond the expiry of the suspension period under section 65 of the Act and the court ordered prohibition period for the reasons specified in the notice; and

†††††††††††† (b)that the person has 15 days, if he or she wishes to object to the extension, to respond in writing to the registrar setting out his or her reasons for objecting to the extension or to request an opportunity to appear before the registrar to object in person.

†††††††††††† (3)Where the registrar receives a response described in paragraph (2)(b), the registrar shall

†††††††††††† (a)review the reasons given in the response for the person's objection to the extension and may request that the person appear in person in the manner described in paragraph (b); or

†††††††††††† (b)where the person requests an opportunity to appear before the registrar, advise the person in writing of the time, date and place at which the person may appear.

†††††††††††† (4)After considering the reasons for the person's objection to the extension or where the person does not object, the registrar shall decide whether to extend their ignition interlock restriction and notify the person in writing of the decision at least 45 days prior to the later of the expiry of the suspension period under section 65 of the Act and the court ordered prohibition period.

†††††††††††† (5)Notwithstanding subsections (2) to (4), where the registrar becomes aware of information justifying an extension of a person's ignition interlock restriction within 90 days of the expiry of their suspension period under section 65 of the Act or their court ordered prohibition period, the registrar shall immediately give that person notice in writing

†††††††††††† (a)that the registrar intends to extend the ignition interlock restriction on the person's driver's licence beyond the expiry of the suspension period under section 65 of the Act and the court ordered prohibition period for the reasons specified in the notice; and

†††††††††††† (b)of a time, date and place before the expiry of the suspension or prohibition period at which the person may appear to object to the extension,

and after hearing the reasons for the person's objection or where the person does not appear, the registrar shall decide whether to extend their ignition interlock restriction and immediately notify the person in writing of the decision.

†††††††††††† (6)A person who has been notified by the registrar of an extension of their ignition interlock restriction under subsection (4) or (5) may, within 30 days after receiving notice of the decision, appeal the decision or order to the Trial Division by filing a notice of appeal with the Registrar of the Supreme Court.

†††††††††††† (7)An appeal under subsection (6) does not stay the decision being appealed unless the Trial Division orders otherwise.

Installation

†† 26.3 (1) The registrar shall authorize one or more persons to install, maintain and remove ignition interlock devices.

†††††††††††† (2)An authorized installer shall maintain for a period of 6 years from the removal of an ignition interlock device a record of

†††††††††††† (a)the approval for the installation of the ignition interlock device received by the installer from the registrar;

†††††††††††† (b)the installation, inspection, maintenance and removal of the ignition interlock device by the installer; and

†††††††††††† (c)the results of each inspection of the ignition interlock device carried out by the installer.

†††††††††††† (3)An authorized installer shall notify the registrar if an inspection by the installer reveals evidence that an ignition interlock device has been tampered with.

†††††††††††† (4)An authorized installer shall notify the registrar of any outstanding payments required under section 26.4.

†††††††††††† (5)An authorized installer shall submit the records described in this section to the registrar in the manner and at the times set by the registrar.

Costs

†† 26.4 (1) A person who holds a driver's licence issued under section 26.1 shall pay

†††††††††††† (a)all costs associated with the installation, monitoring, servicing and removal of an ignition interlock device in each motor vehicle the holder operates; and

†††††††††††† (b)the administrative fee set by the minister.

†††††††††††† (2)Where a person fails to pay an amount described in subsection (1), the registrar may revoke the approval of the person for the use of an ignition interlock device and

†††††††††††† (a)reinstate the suspension of his or her driver's licence; or

†††††††††††† (b)where the person is driving with an ignition interlock restriction extended under section 26.2, suspend his or her driver's license until subsection (1) is complied with or until the expiry of the extension under 26.2, whichever occurs first.

Duties of licence holder

†† 26.5 (1) A person who holds a driver's licence issued under section 26.1 shall bring a motor vehicle in which he or she has had an ignition interlock device installed to an authorized installer or a facility designated by an authorized installer for inspection and maintenance at least once every 60 days.

†††††††††††† (2)Where a person fails to comply with the requirements of subsection (1), the registrar may revoke the approval of the person for the use of an ignition interlock device and

†††††††††††† (a)reinstate the suspension of his or her driver's licence; or

†††††††††††† (b)where the person is driving with an ignition interlock restriction extended under section 26.2, suspend his or her driver's license until subsection (1) is complied with or until the expiry of the extension under 26.2, whichever occurs first.

Registrar's Advisory Committee

†† 26.6 The registrar may seek the advice of the Registrar's Advisory Committee in determining whether to

†††††††††††† (a)approve an application for reinstatement under 26.1; and

†††††††††††† (b)extend the ignition interlock restriction under section 26.2 beyond the expiry of the suspension period and court ordered prohibition.

Inspection

†† 26.7 Where a peace officer stops a motor vehicle and determines that the driver of the vehicle is prohibited from driving a motor vehicle that is not equipped with an ignition interlock device, the peace officer may, without warrant or court order, inspect the vehicle to the extent reasonably necessary to determine

†††††††††††† (a)if the vehicle is equipped with an ignition interlock device; and

†††††††††††† (b)if the vehicle is properly equipped, if the device has been tampered with.

Offence

†† 26.8 (1) A person who is only permitted to operate a motor vehicle that is equipped with an ignition interlock device, who operates a motor vehicle that is not equipped with an ignition interlock device is guilty of an offence and is liable on summary conviction

†††††††††††† (a)in a case involving a commercial motor vehicle to a fine of not less than $200 and not more than $20,000; and

†††††††††††† (b)in every other case, to a fine of not less than $200 and not more than $1,000.

†††††††††††† (2)A person who is only permitted to operate a motor vehicle that is equipped with an ignition interlock device who solicits a breath sample from any individual for the purpose of assisting the person to:

†††††††††††† (a)start a vehicle equipped with an ignition interlock device; or

†††††††††††† (b)keep a vehicle equipped with an ignition interlock device in motion,

is guilty of an offence and is liable on summary conviction,

†††††††††††† (c)in a case involving a commercial motor vehicle to a fine of not less than $200 and not more than $20,000; and

†††††††††††† (d)in every other case, to a fine of not less than $200 and not more than $1,000.

†††††††††††† (3)A person who knowingly assists a person who is only permitted to operate a motor vehicle that is equipped with an ignition interlock device to

†††††††††††† (a)start a vehicle equipped with an ignition interlock device; or

†††††††††††† (b)keep a vehicle equipped with an ignition interlock device in motion,

is guilty of an offence and is liable on summary conviction,

†††††††††††† (c)in a case involving a commercial motor vehicle to a fine of not less than $200 and not more than $20,000; and

†††††††††††† (d)in every other case, to a fine of not less than $200 and not more than $1,000.

†††††††††††† (4)A person who tampers with an ignition interlock device installed in a motor vehicle is guilty of an offence and is liable on summary conviction

†††††††††††† (a)in a case involving a commercial motor vehicle to a fine of not less than $200 and not more than $20,000; and

†††††††††††† (b)in every other case, to a fine of not less than $200 and not more than $1,000.

†††††††††††† (5)A person who is the owner or is in possession or control of a motor vehicle that is not equipped with an ignition interlock device who knowingly permits a person who is only permitted to operate a motor vehicle that is equipped with an ignition interlock device to drive the vehicle is guilty of an offence and is liable on summary conviction

†††††††††††† (a)in a case involving a commercial motor vehicle to a fine of not less than $200 and not more than $20,000; and

†††††††††††† (b)in every other case, to a fine of not less than $200 and not more than $1,000.

 

††††††† 6. The regulations are amended by adding immediately before section 27 the following:

PART V
GENERAL

 

††††††† 7. Section 27 of the regulations is repealed and the following substituted:

Evidence of program completion

††††† 27. (1) The registrar may reinstate 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 or 90 day roadside suspension or due to a conviction under the Criminal Code (Canada) upon expiry of the suspension.

†††††††††††† (2)The registrar shall require a person whose licence is reinstated under subsection (1) to provide proof of successful completion of one or more of the following programs as set out in Schedule A, within a time set by the registrar:

†††††††††††† (a)an alcohol education program; and

†††††††††††† (b)an alcohol dependency assessment, followed by an alcohol rehabilitation program where the program is recommended in the assessment.

†††††††††††† (3)Where a person does not provide the proof required by the registrar under subsection (2) within the time set by the registrar, the registrar shall suspend the driver's licence of that person until proof is provided.

 

††††††† 8. Sections 29 and 30 of the regulations are repealed.

 

††††††† 9. Schedule A of the regulations is repealed and the following substituted:

 

Schedule A

 

Suspension type

No. of
Suspensions

Within a period of

Requires evidence of completion of

24 hour



2

2 years

Alcohol education program

24 hour



3 or more

2 years

Alcohol dependency assessment / rehabilitation

90 day



1

 

Alcohol education program

90 day



2 or more

2years

Alcohol dependency assessment / rehabilitation

Criminal Code



1

 

Alcohol education program

Criminal Code



2 or more

10 years

Alcohol dependencyassessment / rehabilitation

Combination of 24 hour or 90 day and Criminal Code

2 and 1

2 years

Alcohol dependencyassessment / rehabilitation

Section 60.4 of Act


 

 

 

2 months



1

 

-

4 months



2

 

Alcohol education program

6 months



3

 

Alcohol dependencyassessment / rehabilitation

Commencement

††††† 10. These regulations come into force on the day on which An Act to Amend the Highway Traffic Act, SNL2002 c11, comes into force.