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Newfoundland and Labrador
Regulation 2017


NEWFOUNDLAND AND LABRADOR REGULATION 78/17

NEWFOUNDLAND AND LABRADOR
REGULATION 78/17

Highway Traffic Driver Regulations, 1999 (Amendment)
under the
Highway Traffic Act
(O.C. 2017- 273)

(Filed August 24, 2017)

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, August 24, 2017.

Elizabeth Day
Clerk of the Executive Council (Acting)

REGULATIONS

Analysis


        1.   S.26.1 Amdt.
Ignition interlock application

        2.   S.26.2 Amdt.
Extension of ignition interlock restriction

        3.   Ss.26.4 & 26.5 R&S
26.4 Costs
26.5 Duties of licence
        holder

        4.   S.27 Amdt.
Evidence of program completion

        5.   Sch. A Amdt.

        6.   Commencement


NLR 110/98
as amended

        1. (1) Subsections 26.1(1) and (2) of the Highway Traffic Driver Regulations, 1999 are repealed and the following substituted:

Ignition interlock application

   26.1 (1) A person whose driver's licence or driving privileges are suspended under section 65 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.

             (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 driver’s licence and the court ordered prohibition period.

             (2)  Paragraph 26.1(4)(a) of the regulations is repealed and the following substituted:

             (a)  is not otherwise prohibited or disqualified from driving under a court order or another provision of the Act, the Criminal Code or a law of another jurisdiction;

 

        2. (1) Subsections 26.2(1) and (2) of the regulations are repealed and the following substituted:

Extension of ignition interlock restriction

   26.2 (1) 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

             (a)  beyond the expiry of the suspension period under section 65 of the Act and the court ordered prohibition period, notwithstanding subsection 26.1(6); or

             (b)  beyond the expiry of the mandatory restriction period under section 73.1 of the Act.

             (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

             (a)  that the registrar intends to extend the ignition interlock restriction on the person's driver's licence 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.

         (2.1)  The notice under subsection (2) shall be given 90 days before

             (a)  the later of the expiry of the suspension period under section 65 of the Act and the court ordered prohibition period where the extension is under paragraph (1)(a); and

             (b)  the expiry of the mandatory restriction period under section 73.1 of the Act where the extension is under paragraph (1)(b).

             (2)  Subsections 26.2(4) to (6) of the regulations are repealed and the following substituted:

             (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 before

             (a)  the later of the expiry of the suspension period under section 65 of the Act and the court ordered prohibition period where the extension is under paragraph (1)(a); or

             (b)  the expiry of the mandatory restriction period under section 73.1 of the Act where the extension is under paragraph (1)(b).

             (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 the

             (a)  suspension period under section 65 of the Act or the court ordered prohibition period where the extension is under paragraph (1)(a); and

             (b)  mandatory restriction period under section 73.1 of the Act where the extension is under paragraph (1)(b),

the registrar shall immediately give that person notice in writing

             (c)  that the registrar intends to extend the ignition interlock restriction on the person's driver's licence for the reasons specified in the notice; and

             (d)  of a time, date and place at which the person may appear to object to the extension.

         (5.1)  The date at which the person may appear under paragraph (5)(d) shall be before the expiry of the

             (a)  suspension period under section 65 of the Act and the court ordered prohibition period where the extension is under paragraph (1)(a); and

             (b)  mandatory restriction period under section 73.1 of the Act where the extension is under paragraph (1)(b).

         (5.2)  After hearing the reasons for the person's objection under paragraph (5)(d) 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 (5.2) 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 court.

 

        3. Sections 26.4 and 26.5 of the regulations are repealed and the following substituted:

Costs

   26.4 (1) A person who holds a driver's licence with an ignition interlock restriction 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)  where the suspension period under section 65 of the Act or a court ordered prohibition period for the person has not expired, reinstate the suspension of his or her driver's licence until subsection (1) is complied with or until the expiry of the suspension, whichever occurs first;

             (b)  where the ignition interlock restriction period under section 73.1 of the Act for the person has not expired, suspend his or her driver's licence until subsection (1) is complied with; or

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

             (3)  The mandatory restriction period referred to in section 73.1 of the Act shall not continue to run while a driver's licence is suspended under paragraph (2)(b).

Duties of licence holder

   26.5 (1) A person who holds a driver's licence with an ignition interlock restriction 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)  where the suspension period under section 65 of the Act or a court ordered prohibition period for the person has not expired, reinstate the suspension of his or her driver's licence until subsection (1) is complied with or until the expiry of the suspension, whichever occurs first;

             (b)  where the ignition interlock restriction period under section 73.1 of the Act for the person has not expired, suspend his or her driver's licence until subsection (1) is complied with; or

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

             (3)  The mandatory restriction period referred to in section 73.1 of the Act shall not continue to run while a driver's licence is suspended under paragraph (2)(b).

 

        4. Paragraph 27(1)(a) of the regulations is repealed and the following substituted:

             (a)  under the authority of section 60.03, 60.04, 60.2 or 60.5 of the Act;

 

        5. Schedule A of the regulations is amended by deleting the words "Section 60.4 of the Act" wherever they appear and substituting the words "Section 60.03 of the Act".

Commencement

        6. These regulations come into force on the day An Act to Amend the Highway Traffic Act No. 5, SNL2017 c4, comes into force.