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Statutes of Newfoundland 1992


CHAPTER 26

CHAPTER 26

AN ACT TO AMEND THE HIGHWAY TRAFFIC ACT

(Assented to December 23, 1992)

Analysis

1. Sections added
174.1 Report of medical practitioner
174.2 Report of optometrist

2. S.175 Amdt.
Inspector may weigh vehicle

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:


RSN 1990 cH-3

1. The Highway Traffic Act is amended by adding immediately after section 174 the following:

Report of medical practitioner

174.1 (1) A medical practitioner licensed under the Medical Act shall report to the registrar the name, address, date of birth and clinical condition of a person 16 years of age or older attending the practitioner for medical services who, in the opinion of the practitioner, is suffering from a condition that may make it dangerous for the person to operate a motor vehicle.

(2) An action shall not be brought against a medical practitioner for complying with subsection (1).

(3) A report referred to in subsection (1) is privileged for the information of the registrar only and shall not be open for public inspection.

(4) A report referred to in subsection (1) is not admissible in evidence for a purpose in a trial except to prove compliance with subsection (1).

Report of optometrist

174.2 (1) An optometrist licensed under the Optometry Act shall report to the registrar the name, address, date of birth and clinical condition of a person 16 years of age or older attending the optometrist for optometric services who, in the opinion of the optometrist, is suffering from an eye condition that makes it dangerous for the person to operate a motor vehicle.

(2) An action shall not be brought against an optometrist for complying with subsection (1).

(3) A report referred to in subsection (1) is privileged for the information of the registrar only and shall not be open for public inspection.

(4) A report referred to in subsection (1) is not admissible in evidence for a purpose in a trial except to prove compliance with subsection (1).

2. (1) Subsection 175(5) of the Act is amended by repealing all that portion of subsection (5) that follows paragraph (d) and by substituting the following:

is guilty of an offence and liable on summary conviction

(e) in the case of a 1st offence to a fine of not less than $300 and not more than $500 and in default of payment to imprisonment for a term of not less than 15 days and not more than 20 days;

(f) in the case of a 2nd and subsequent offence to a fine of not less than $500 and not more than $700 and in default of payment to imprisonment for a term of not less than 20 days and not more than 25 days; or

(g) to both a fine and imprisonment.

(2) Subsection 175(6) of the Act is renumbered as subsection 175(8).

(3) Section 175 of the Act is amended by adding immediately after subsection (5) the following:

(6) Where the driver of a vehicle refuses to comply with the requirements of this section, an inspector may order the driver of the vehicle not to move the vehicle or may direct the driver of the vehicle to move the vehicle to a place of safety off the highway.

(7) An inspector referred to in this section has and may exercise the powers of a peace officer under section 203 for the purpose of this section.

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