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Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 14/96

CONSOLIDATED NEWFOUNDLAND REGULATION 14/96

Highway Traffic Snow Clearing Regulations
under the
Highway Traffic Act
(O.C. 96‑136)

Under the authority of section 187 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.   Prohibition

        3.   Offence

        4.   Civil proceedings

        5.   Effect

        6.   Repeal


Short title

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

9/89 s1

Prohibition

        2. (1) Subject to any Act or regulation in force respecting the parking, drawing up or standing of vehicles in a city, municipality or other designated area of the province, a person shall not, during the period in each year that this regulation is in force, leave a vehicle unattended on a highway between the hours of 12 midnight and 8 a.m.

             (a)  within 3 metres of the paved portion of the highway; or

             (b)  if the highway is not paved, within 3 metres of the edge of the travel surface of the highway.

             (2)  Subsection (1) does not apply to a medical practitioner engaged in urgent medical business.

9/89 s2

Offence

        3. A person in charge of a vehicle who leaves the vehicle unattended in contravention of section 2 is guilty of an offence under the Act.

9/89 s3

Civil proceedings

        4. For the purpose of subsection 187(3) of the Highway Traffic Act, the fact that there has been a failure to comply with section 2 may, notwithstanding that no prosecution is taken under section 3, be relied upon by a party to a civil proceeding as tending to

             (a)  negate liability for damages claimed by the person who so failed to comply or the owner of the vehicle so left unattended; or

             (b)  establish liability for damages against that person or the owner of the vehicle.

9/89 s4

Effect

        5. These regulations have effect from December 1 in each year to May 1 in the year immediately following that year.

9/89 s5

Repeal

        6. The Highway Traffic (Snow Clearing) Regulations, 1989, Newfoundland Regulation 9/89, are repealed.