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Statutes of Newfoundland 1995


CHAPTER 18

CHAPTER 18

AN ACT TO AMEND THE HIGHWAY TRAFFIC ACT

(Assented to December 21, 1995)

Analysis

1. S.2 Amdt.
Definitions

2. S.42 Amdt.
Offence

3. S.43 Amdt.
Driver's licence

4. S.48 Amdt.
Registrar shall not issue licence

5. S.71 Amdt.
Where licence suspended or cancelled

6. S.137 Amdt.
Stopping for school buses

7. S.178 Amdt.
Seat belts

8. S.210 Amdt.
Liability of owner for penalties

9. Sch. Amdt.

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


RSN 1990 cH-3 as amended

1. (1) Paragraph 2(g) of the Highway Traffic Act is repealed and the following substituted:

(g) "bus" means a motor vehicle, designed or used for the transportation of passengers with a seating capacity of 10 or more in addition to the driver, but excluding those motor vehicles when used for personal transportation by the owner or with the owner's permission;

(2) Paragraph 2(j) of the Act is repealed and the following substituted:

(j) "commercial motor vehicle" means a vehicle designated to carry goods, and includes a bus, a school bus, a truck, a truck tractor and other motor vehicles designed for commercial use but does not include camper type vehicles designed or adapted exclusively for recreational purposes;

(3) Paragraph 2(lll) of the Act is repealed and the following substituted:

(lll) "school bus" means a motor vehicle

(i) designed or used to carry 7 or more passengers in addition to the driver,

(ii) owned, operated by or contracted to a school board or an agent of a school board, and

(iii) used to transport children to or from school or to and from places other than school for the purpose of school related activities;

(4) Paragraph 2(zzz) of the Act is repealed and the following substituted:

(zzz) "trailer" means a vehicle which has no motive power of its own and which is attached to a truck, or truck tractor or other motor vehicle but does not include

(i) an implement of husbandry temporarily attached to another vehicle,

(ii) a side car attached to a motor cycle, or

(iii) a tow dolly designed to be used to tow another motor vehicle where one or more axles of the towed vehicle rest on the tow dolly;

2. Paragraph 42(a) of the Act is repealed and the following substituted:

(a) contrary to

(i) paragraph 10(1)(a) or (c), operates, or being the owner of the vehicle, allows another person to operate, a vehicle on a highway, other than a trailer, having a registered or required to be registered maximum gross mass

    1. not in excess of 4,500 kilograms,
    2. exceeding 4,500 kilograms but not exceeding 10,900 kilograms, or
    3. exceeding 10,900 kilograms, or

(ii) paragraph 10(1)(b), operates, or being the owner allows another person to operate a trailer on a highway, having a registered or required to be registered maximum gross mass

    1. not in excess of 4,500 kilograms or being a semitrailer or recreation trailer,
    2. exceeding 4,500 kilograms but not exceeding 10,900 kilograms, or
    3. exceeding 10,900 kilograms, or

(iii) paragraph 10(1)(d) operates or being the owner of the vehicle, allows another person to operate a vehicle on a highway;

3. (1) Subsection 43(2) of the Act is repealed and the following substituted:

(2) Notwithstanding subsection (1), a person who under this Act

(a) is taking a driver's examination for the purpose of obtaining a licence to operate a motor vehicle or class of motor vehicle; or

(b) as part of an approved driving course, being conducted by an approved driving school, is undergoing an on road driver evaluation,

may, for the purpose of the examination or evaluation, drive an appropriate motor vehicle upon a highway when accompanied by an examiner or approved driving instructor.

(2) Section 43 of the Act is amended by adding immediately after subsection (3) the following:

(4) For the purpose of this section an approved driving course is a course offered by an approved driving school in accordance with the regulations and an approved driving instructor is a driving instructor approved in accordance with the regulations.

4. Section 48 of the Act is amended by adding immediately after subsection (3) the following:

(4) Where a person is disqualified or prohibited from driving or obtaining a driver's licence under this Act or the laws of a jurisdiction outside the province while he or she is not of a legal age to drive a motor vehicle, the registrar shall not issue a driver's licence to that person when he or she becomes of legal age to drive a motor vehicle and applies for a driver's licence, until the length of time of that disqualification or prohibition occurring before reaching that legal age has been added to the time during which the person is of a legal age to drive a motor vehicle.

(5) Where a person without a licence to drive a motor vehicle has been disqualified or prohibited from driving or obtaining a driver's licence under this Act or the laws of a jurisdiction outside the province, the person shall be treated as if he or she had been a licensed driver under this Act when disqualified or prohibited from driving or obtaining a driver's licence.

5. Subsection 71(7) of the Act is repealed and the following substituted:

(7) When the registrar has suspended the driver's licence of a person for an offence other than one contrary to the Criminal Code and in the registrar's opinion the person should undergo and pass a road test, before that suspension is lifted, the registrar may, notwithstanding

(a) that the person's licence has been suspended; or

(b) that the person's licence has been suspended and subsequently lapsed or expired

permit the person to undergo a road test and may reinstate the licence of a person referred to in paragraph (b) at the time considered by the registrar to be appropriate as if his or her licence had not expired.

6. Subsection 137(1) of the Act is amended by striking out the phrase "upon a highway outside of the City of St. John's" and the commas before and after that phrase.

7. (1) Subsection 178(3) of the Act is amended by striking out the words and commas "but, where a seat belt assembly comprises a pelvic restraint and a torso restraint which are not joined, the driver shall be required to wear the pelvic restraint only".

(2) Subsection 178(4) of the Act is amended by striking out the words and commas "but, where a seat belt assembly comprises a pelvic restraint and a torso restraint which are not joined, the passenger shall be required to wear the pelvic restraint only".

8. Subsection 210(1) of the Act is repealed and the following substituted:

Liability of owner for penalties

  1. (1) Where this Act has been violated, the owner of the vehicle to which that violation applies shall be held responsible for that violation and shall incur a penalty that arises from that violation except where the violation of this Act is one requiring that the vehicle be in motion, in which case, the driver of that vehicle shall be held responsible and shall incur a penalty arising from that violation.

9. The Schedule to the Act is amended by striking out the words and figures in the columns referring to clauses 42(a)(i)(A), 42(a)(i)(B), 42(a)(i)(C) and subparagraph 42(a)(ii) and substituting the following:

42(a)(i)(A)

Operating a vehicle contrary to paragraph 10(1)(a) or (c) re: vehicle not exceeding 4,500 kg. m.g.m.

 

 

 

 

-

 

 

 

 

120

 

 

 

 

10 days

 

 

 

 

5 days

42(a)(i)(B)

Operating a vehicle contrary to paragraph 10(1)(a) or (c) re: vehicle 4,500 to 10,900 kg. m.g.m.

 

 

 

 

900

 

 

 

 

180

 

 

 

 

30 days

 

 

 

 

10 days

 

42(a)(i)(C)

Operating a vehicle contrary to paragraph 10(1)(a) or (c) re: vehicle exceeding 10,900 kg. m.g.m.

 

 

 

 

1800

 

 

 

 

900

 

 

 

 

60 days

 

 

 

 

30 days

42(a)(ii)(A)

Operating a vehicle contrary to paragraph 10(1)(b) re: vehicle not exceeding 4,500 kg. m.g.m.

 

 

 

 

-

 

 

 

 

45

 

 

 

 

10 days

 

 

 

 

5 days

42(a)(ii)(B)

Operating a vehicle contrary to paragraph 10(1)(b) re: vehicle 4,500 to 10,900 kg. m.g.m.

 

 

 

900

 

 

 

180

 

 

 

30 days

 

 

 

10 days

42(a)(ii)(C)

Operating a vehicle contrary to paragraph 10(1)(b) re: vehicle exceeding 10,900 kg. m.g.m.

 

 

 

1800

 

 

 

900

 

 

 

60 days

 

 

 

30 days

42(a)(iii)

Operating a vehicle contrary to paragraph 10(1)(d)

 

100

 

25

 

2 days

 

1 day

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