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Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 13/96

CONSOLIDATED NEWFOUNDLAND REGULATION 13/96

Highway Traffic Driver Regulations
under the
Highway Traffic Act
(O.C. 96‑193)

Under the authority of section 186 of the Highway Traffic Act and the Subordinate Legislation Revision and Consolidation Act, the Lieutenant‑Governor in Council makes the following regulations.

REGULATIONS

Analysis


        1.   Short title

        2.   Definitions

        3.   Medical certificate required

        4.   Experience required

        5.   Application requirements

        6.   Driving examination

        7.   Persons exempted from additional requirements

        8.   Applicants from other jurisdictions

        9.   Exemption

      10.   Exemption

      11.   NATO Forces members

      12.   International driving permit holders

      13.   Renewal following lengthy lapse

      14.   Air brake endorsement required

      15.   Authorized instruction

      16.   Evidence of air brake endorsement

      17.   Persons 16 years
of age

      18.   Student passengers

      19.   Who may be present during instruction

      20.   Approval of driving school for additional
students

      21.   Evidence of successful program completion

      22.   Repeal

Schedule


Short title

        1. These regulations may be cited as the Highway Traffic Driver Regulations.

141/94 s1

Definitions

        2. In these regulations

             (a)  "air brake endorsement" means the authorization that permits the holder to operate vehicles equipped with air brake systems;

             (b)  "approved driving instructor" means a licensed driver who has been designated in writing as a driving instructor by the President of the Safety Council of Newfoundland or by an official of a driving school;

             (c)  "approved driving school" means a driving school approved in writing by the Minister of Works, Services and Transportation;

             (d)  "authorized instruction" means the authority granted by the registrar for a driver to operate a motor vehicle, as a learner, or for the purpose of receiving instruction in upgrading to another class driver's licence;

             (e)  "Class 1 driver's licence" means a licence that permits the holder to operate all semi‑trailer trucks and other classes shown by endorsements on the licence;

              (f)  "Class 2 driver's licence" means a licence that permits the holder to operate all buses over 24 passenger and other classes as shown by endorsements on the licence;

             (g)  "Class 3 driver's licence" means a licence that permits the holder to operate trucks with 3 or more axles including a combination of vehicles and other classes as shown by endorsements on the licence but does not include a semi‑trailer truck;

             (h)  "Class 4 driver's licence" means a licence that permits the holder to operate all motor vehicles, buses up to 24 passengers and other classes as shown by endorsements on the licence;

              (i)  "Class 5 driver's licence" means a licence that permits the holder to operate all motor vehicles with not more than 2 axles and combinations of vehicles where the towed vehicle does not exceed 4,500 kilograms, buses, taxis and ambulances while not carrying passengers, self‑propelled motor homes with 2 or more axles, farm tractors, fork lifts and any emergency vehicle excluding ambulances, trucks designed for off highway use and vehicles commonly known as backhoes;

              (j)  "Class 6 driver's licence" means a licence that permits the holder to operate motorcycles only;

             (k)  "Class 7 driver's licence" means a licence that permits a beginner to drive as a learner in Class 5, 6 or 8 when accompanied by a licensed driver for that class or authorized to operate a motorcycle as a learner in accordance with conditions prescribed by the Act;

              (l)  "Class 8 driver's licence" means a licence that permits the holder to operate traction engines only;

            (m)  "endorsement" means the class or classes of driver's licence which the driver is authorized to hold in addition to the basic class shown on his or her driver's licence; and

             (n)  "international driving permit" means a special licence for tourists authorized by treaty among nations of the world for the purpose of allowing them to drive motor vehicles in international traffic.

141/94 s2

Medical certificate required

        3. The registrar shall not issue a driver's licence unless the driver has undergone a medical examination and filed with the registrar a certificate from a duly qualified medical practitioner completed in accordance with medical standards fixed by the Canadian Medical Association, as amended, and in the case of

             (a)  a driver in Classes 1, 2, 3 and 4, the certificate shall be filed at the time of the original application for a driver's licence in that class, every 5 years to age 45, every 3 years to age 65 and annually after that; and

             (b)  a driver in Classes 5, 6 and 8, the certificate shall be filed at the age of 75 years, at the age of 80 years and every 2 years after that.

149/95 s1

Experience required

        4. (1) The registrar shall not issue a Class 1 or a Class 3 driver's licence to a person who has not had one year's driving experience as a licensed Class 5 driver.

             (2)  The registrar shall not issue a Class 2 or a Class 4 driver's licence to a person who has not had 2 years' driving experience as a licensed Class 5 driver.

             (3)  The registrar may waive any requirement under this section upon being satisfied that the circumstances warrant such an exemption.

141/94 s4

Application requirements

        5. (1) A person who applies for a driver's licence for the first time shall produce for identification purposes an official birth certificate or other proof of date of birth satisfactory to the registrar.

             (2)  A Class 7 driver's licence shall not be issued to a person under 19 years of age unless the application has been approved and signed by a parent or legal guardian or if the applicant has no legal guardian by a person considered by the registrar to be acceptable.

             (3)  An applicant for a driver's licence of any class who possesses a valid driver's licence issued by a competent authority outside the province shall deliver the licence to the registrar before any driver's licence is issued in the province.

             (4)  Notwithstanding subsection (3), the registrar may permit a driver from another jurisdiction to retain an original driver's licence in addition to a driver's licence issued in the province if the registrar is satisfied that such retention is necessary.

             (5)  Except as provided in subsection (4), a person shall not hold more than one driver's licence issued under the Act or the laws of another jurisdiction.

141/94 s5

Driving examination

        6. (1) The registrar shall not issue a driver's licence of any class to a person unless that person successfully completes a driving examination prescribed by the registrar.

             (2)  An examination referred to in subsection (1) shall include

             (a)  a test of the person's vision, ability to identify and understand highway signs and knowledge of highway traffic laws and safe driving practices; and

             (b)  a test of the person's ability to operate a motor vehicle upon a highway in traffic conditions at the direction of a driver examiner.

             (3)  A person required to complete an examination referred to in paragraphs (2)(a) and (b) shall meet every standard prescribed in respect of each class of driver's licence.

             (4)  The registrar may vary the requirements of subsections (2) and (3) where, in the opinion of the registrar, an examination is not necessary.

141/94 s6

Persons exempted from additional requirements

        7. Holders of a Class 5 licence as described in paragraphs (a) to (d) are exempt from a requirement to hold additional classes or endorsements of licence

             (a)  a peace officer or firefighter operating a motor vehicle while on duty;

             (b)  a driver examiner or motor vehicle inspector appointed in accordance with the Act operating a motor vehicle while on duty;

             (c)  a salesperson of motor vehicles operating a motor vehicle for demonstration purposes; and

             (d)  a garage mechanic or garage service personnel operating a service truck or road testing a motor vehicle or calling for or delivering a motor vehicle either before or after servicing or repairs.

141/94 s7

Applicants from other jurisdictions

        8. Where an applicant for a driver's licence for any class except Class 7 holds a valid driver's licence issued under the laws of another jurisdiction authorizing the applicant to drive the class of motor vehicle for which the driver's licence is sought, the registrar before issuing a driver's licence in this province,

             (a)  in respect of a driver's licence issued in Canada or the United States, may waive any or all examination requirements;

             (b)  in respect of a driver's licence issued in another jurisdiction not described in paragraph (a), shall require compliance with subsection 6(2) unless a reciprocal agreement concerning mutual recognition of driver licences is in effect between the province and the other jurisdiction, in which case the registrar shall comply with the terms of that agreement;

             (c)  for purposes of facilitating the licensing of drivers who change their place of residence, the registrar may enter into reciprocal agreements granting mutual recognition of valid driver licences issued by the signatory jurisdictions and providing for waivers of certain examination requirements, and the terms of those agreements shall be complied with as if they were part of these regulations.

51/95 s1

Exemption

        9. Subsection 6(1) shall not apply to an applicant who holds a valid Canadian Forces Europe Driving Permit upon application for a driver's licence for any class.

141/94 s9

Exemption

     10. Subsection 6(1) shall not apply to an applicant for a driver's licence who is a member of a visiting NATO Force.

141/94 s10

NATO Forces members

     11. A person visiting this province as a member of the NATO Forces in accordance with the provisions of Article IV(a) of The Status of Forces Agreement may operate a forces service vehicle provided he or she holds a valid driver's licence from the visiting force country or state.

141/94 s11

International driving permit holders

     12. A person who holds a valid International Driving Permit may drive a motor vehicle in the province for a period of 90 days from the date of entering the province, provided the person is not a resident of the province.

141/94 s12

Renewal following lengthy lapse

     13. The registrar shall not renew a driver's licence for a person if the driver's licence has been expired for more than 3 years unless that person has met the requirements of subsection 6(1).

141/94 s13

Air brake endorsement required

     14. A person shall not operate a motor vehicle equipped with an air braking system unless that person is the holder of an air brake endorsement.

141/94 s14

Authorized instruction

     15. (1) A person who holds a class of driver's licence except Class 7 shall have his or her driver's licence endorsed for authorized instruction before commencing driver instruction for another class of driver's licence.

             (2)  A person operating a motor vehicle under authorized instruction shall comply with the Act with respect to each class of driver's licence.

141/94 s15

Evidence of air brake endorsement

     16. For the purpose of these regulations, an air brake endorsement may be shown on a driver's licence as a Class 9 driver's licence.

141/94 s16

Persons 16 years of age

     17. A person not younger than 16 years of age who does not hold a driver's licence may, for the purpose of receiving instruction in driving a motor vehicle, drive a motor vehicle upon a highway if the following conditions are met:

             (a)  he or she is a student in a class of driving instruction given under the direction of the Safety Council of Newfoundland or an approved driving school;

             (b)  he or she is under the personal direction of an approved driving instructor who is present in the motor vehicle and sitting next to the student driver; and

             (c)  the motor vehicle has securely affixed signs visible from the front and rear of the vehicle which identify the motor vehicle as being operated by a student driver.

141/94 s17

Student passengers

     18. Where a person referred to in section 17 is authorized to drive a motor vehicle to which a Class 5 driver's licence applies and all the requirements of section 17 are being complied with, other students not younger than 16 years of age participating in a class of driving instruction given under the direction of the Safety Council of Newfoundland or an approved driving school may be present in the motor vehicle in addition to the driver under instruction, provided

             (a)  they are not in the front seat of the vehicle; and

             (b)  they are not more than 3 in number.

141/94 s18

Who may be present during instruction

     19. Where a person is the holder of a Class 5 driver's licence which has been endorsed for authorized instruction in Class 1, 2, 3 or 4 and all the requirements of section 17 are being complied with, other students participating in a class of driving instruction given under the direction of the Safety Council of Newfoundland or an approved driving school may be present in the motor vehicle in addition to the driver under instruction, provided

             (a)  they are not in the front seat of the vehicle;

             (b)  they are not more than 4 in number; and

             (c)  the vehicle, if not equipped to carry students, has been modified for seating those students.

141/94 s19

Approval of driving school for additional students

     20. For the purpose of these regulations, in order for a driving school to be approved by the minister to carry additional students, that school must provide both in‑vehicle and in‑class driver instruction.

141/94 s20

Evidence of successful program completion

     21. Prior to reinstating the driver's licence of a person whose driver licence has been suspended due to 24 hour roadside suspension or to conviction of a driving offence under the Criminal Code, the registrar shall require the person to provide evidence of having successfully completed, at the person's own expense, one or more of the following programs or assessment, as set out in the Schedule and approved by the minister:

             (a)  a driver education program;

             (b)  an alcohol dependency assessment; and if recommended

             (c)  an alcohol rehabilitation program.

51/95 s3

Repeal

      22. The Highway Traffic (Driver) Regulations, 1994, Newfoundland Regulation 141/94, are repealed.


Schedule

 

Suspension type

No. of
Suspensions

Within a
period of

Requires evidence of completion of
following prior to reinstatement

24 hours


3

2 years

Education program

24 hours


4

2 years

Education program

24 hours


5 or more

2 years

Alcohol assessment/Rehabilitation

Criminal Code


1

 

Education program

Criminal Code


2 or more

5 years

Alcohol assessment/Rehabilitation

Combination of 24 hours and Criminal Code

3 and 1

2 years

Alcohol assessment/Rehabilitation