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Newfoundland and Labrador
Regulation 2018


NEWFOUNDLAND AND LABRADOR REGULATION 87/18

NEWFOUNDLAND AND LABRADOR
REGULATION 87/18

Carrier Safety Regulations (Amendment)
under the
Highway Traffic Act

(Filed October 4, 2018)

Under the authority of section 197 of the Highway Traffic Act, I make the following regulations.

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

Sherry Gambin-Walsh
Minister of Service Newfoundland and Labrador

REGULATIONS

Analysis


        1.   Sch. Amdt.

        2.   Commencement


CNLR 1160/96
as amended

        1. (1) The Schedule to the Carrier Safety Regulations is amended by deleting the reference to paragraphs 253(a) and (b) and subsection 254(05) of the Criminal Code, the descriptions of the offences and the compliance indicators under those paragraphs of the Criminal Code and substituting the following:

 

253(1)(a)

5

Operation or care or control of motor vehicle while impaired by alcohol or drugs

253(1)(b)

5

Operation or care or control of motor vehicle with more than 80 milligrams of alcohol in 100 millilitres of blood

253(3)(a)

5

Blood drug concentration equal to or over concentration prescribed by regulation within 2 hours after ceasing to operate or have care or control of motor vehicle

253(3)(b)

5

Blood drug concentration equal to or over concentration prescribed by regulation and less than concentration prescribed under paragraph 253(3)(a) within 2 hours after ceasing to operate or have care or control of motor vehicle

253(3)(c)

5

Blood alcohol concentration and blood drug concentration combined equal to or over concentration prescribed by regulation within 2 hours after ceasing to operate or have care or control of motor vehicle

254(5)

5

Failure or refusal to comply with demand

             (2)  The Schedule to the regulations is amended by adding immediately after the row beginning with a reference to subsection 255(2) of the Criminal Code the following:

 

255(2.1)

5

Operation or care or control of motor vehicle while blood alcohol concentration, blood drug concentration or blood alcohol concentration and blood drug concentration combined equal to or over concentration prescribed by regulation causing bodily harm

255(2.2)

5

Failure or refusal to comply with demand knowing operation or care or control of motor vehicle resulted in bodily harm

             (3)  The Schedule to the regulations is amended by adding immediately after the row beginning with a reference to subsection 255(3) of the Criminal Code the following:

 

255(3.1)

5

Operation or care or control of motor vehicle while blood alcohol concentration, blood drug concentration or blood alcohol concentration and blood drug concentration combined equal to or over concentration prescribed by regulation causing death

255(3.2)

5

Failure or refusal to comply with demand knowing operation or care or control of motor vehicle resulted in death

             (4)  The Schedule to the regulations is amended by deleting the references to paragraph 110(3)(d) and 110.1(4)(a) of the Highway Traffic Act, the description of the offences and the compliance indicators under those paragraphs of the Highway Traffic Act and substituting the following:

 

110(3)(d)

3

Exceeding the speed limit by between 31 and 50 kilometres an hour

110(3)(e)

3

Exceeding the speed limit by 51 kilometres an hour and over

110.01

3

Driving without due care and attention or reasonable consideration for others causing death or bodily harm

110.1(4)(a)

1

Exceeding the speed limit by between 1 and 10 kilometres an hour

             (5)  The Schedule to the regulations is amended by deleting the reference to paragraph 110.1(4)(d) of the Highway Traffic Act, the description of the offence and the compliance indicator under that paragraph of the Highway Traffic Act and substituting the following:

 

110.1(4)(d)

3

Exceeding the speed limit by between 31 and 50 kilometres an hour

110.1(4)(e)

3

Exceeding the speed limit by 51 kilometres an hour and over

110.2(4)(a)

1

Exceeding the speed limit by between 1 and 10 kilometres an hour

110.2(4)(b)

2

Exceeding the speed limit by between 11 and 20 kilometres an hour

110.2(4)(c)

3

Exceeding the speed limit by between 21 and 30 kilometres an hour

110.2(4)(d)

3

Exceeding the speed limit by between 31 and 50 kilometres an hour

110.2(4)(e)

3

Exceeding the speed limit by 51 kilometres an hour and over

             (6)  The Schedule to the regulations is amended by adding immediately after the row beginning with a reference to section 121 of the Highway Traffic Act the following:

 

121.1

3

Failing to reduce speed, stop,  pass, change lanes or move over when approaching stopped emergency vehicle or designated vehicle

             (7)  The Schedule to the regulations is amended by adding immediately after the row beginning with a reference to section 168 of the Highway Traffic Act the following:

 

168.1(1)

3

Performing or engaging in stunt while driving

Commencement

        2. Subsections 1(1) to (3) come into force on October 17, 2018.