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Statutes of Newfoundland 1998


CHAPTER 16

AN ACT TO AMEND THE HIGHWAY
TRAFFIC ACT NO. 2

(Assented to December 15, 1998)

Analysis

1. S.2 Amdt.
Definitions

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

3. S.49 Amdt.
Licence to be signed

4. S.50 Amdt.
Licence property of Crown

5. S.53 Amdt.
Driver licensed in another
jurisdiction

6. S.55 R&S
55. Novice driverís licence
55.1 Regulations
55.2 Offence

7. S.60.1 Amdt.
Request for surrender of driverís licence at roadside

8. S.60.3 Amdt.
Removal of
vehicle

9. Ss.60.4 & 60.5 Added
60.4 Request for surrender
of novice driverís
licence at roadside
60.5 Screening
accompanying driver
with alcohol

10. S.63 Amdt.
Suspension or cancellation of driverís licence

11. S.91 Amdt.
Powers, etc. of board

12. S.186 Amdt.
Regulations

13. Schedule Amdt.

14. Commencement

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


RSN1990 cH-3
as amended

1. Paragraph 2(t) of the Highway Traffic Act is amended by adding immediately after the word "Act" a comma and the phrase "including a licence issued to a novice driver,".

2. Paragraphs 48(1)(a) and (b) of the Act are repealed and the following substituted:

(a) for the operation of a motor vehicle to a person who is under an age that may be prescribed by regulation;

3. (1) Section 49 of the Act is amended by adding immediately after subsection (1) the following:

(1.1) A licence issued by the registrar may contain a photographic or electronically produced reproduction of a signature referred to in subsection (1).

(2) Subsection 49(2) of the Act is repealed and the following substituted:

(2) A holder of a driverís licence

(a) when driving a motor vehicle; and

(b) who is an accompanying driver,

shall produce that licence when requested to do so by a traffic officer.

4. Subsection 50(2) of the Act is amended by adding immediately after the word "driverís" the word "licence".

5. (1) Subsection 53(1) of the Act is amended by deleting the number "17" and substituting the number "16".

(2) Subsection 53(2) of the Act is repealed.

6. Section 55 of the Act is repealed and the following substituted:

Novice driverís licence

55. (1) A person who is 16 years of age or more and who is a novice driver may apply to the registrar and the registrar may issue to that person a driverís licence entitling him or her, while having the immediate possession of that licence, and in accordance with regulations made under section 55.1, to drive upon a highway.

(2) This section does not apply to a person whom the registrar, in accordance with the regulations, considers to be eligible to apply for a driverís licence under section 46.

(3) An accompanying driver or another person who is the owner of, is in possession or control of or who occupies a motor vehicle while it is being driven by a novice driver who holds a driverís licence, shall not permit the novice driver to drive the motor vehicle on a highway in contravention of conditions and restrictions imposed upon the novice driver by regulations made under section 55.1.

Regulations

55.1 (1) The minister may make regulations in respect of novice drivers

(a) defining the terms "accompanying driver" and "novice driver" for the purpose of this Act and the regulations;

(b) prescribing driverís licences of different classes and levels for novice drivers;

(c) prescribing categories of driverís licences for novice drivers which differ from licences for drivers who are not novice drivers;

(d) prescribing the qualifications and requirements for accompanying drivers;

(e) requiring novice drivers with driverís licences of any category, class or level to be accompanied, while driving, by an accompanying driver;

(f) respecting qualifications, examinations, age and experience required to permit the registrar to waive the requirement to obtain a driverís licence as a novice driver;

(g) respecting practical and written driving examinations and mental and physical, including ophthalmic and auditory examinations for applications for driverís licences of any category, class or level for novice drivers;

(h) prescribing the length of time or the method of determining the length of time during which a person shall be a novice driver or shall be restricted to any category or level of driverís licence for novice drivers;

(i) prescribing circumstances under which the driverís licence of a novice driver and of an accompanying driver shall be cancelled or suspended and the length of the cancellation or suspension and prescribing the requirements for the reinstatement of, reapplication for and reissuing of suspended and cancelled driverís licences of novice drivers and accompanying drivers;

(j) prescribing circumstances under which a novice driver may be required to attend before the registrar or an examiner for an interview and the examination or examinations that may be required;

(k) prescribing circumstances under which a novice driver may be required to complete an approved driver education program and to produce evidence with regard to successful completion of an approved driver education program;

(l) respecting the approval of driver education programs and courses which make up those programs and the requirements for instructors of those programs;

(m) prescribing modifications to the demerit point system prescribed under paragraph 186(h) as it applies to novice drivers and exempting novice drivers or a category, class or level of driverís licence for novice drivers from provisions of the demerit point system;

(n) prescribing conditions and restrictions that shall apply to a category, class or level of driverís licence for novice drivers;

(o) prescribing markers or identifying devices to be displayed on or in motor vehicles driven by novice drivers or novices drivers with driverís licences of any category, class or level and governing the conditions of their use and the manner of displaying them; and

(p) exempting novice drivers or novice drivers with a driverís licence of any category, class or level from a requirement under this Part and a regulation and prescribing conditions for the exemption.

(2) Subject to the approval of the Lieutenant-Governor in Council, in a regulation made under this section, the minister may prescribe penalties for a contravention of the regulations.

Offence

55.2 A novice driver or an accompanying driver who contravenes a condition or restriction placed upon him or her under the Act is guilty of an offence.

7. (1) Subsection 60.1(1) of the Act is amended by deleting the words and quotation marks "registers "WARN" or "FAIL"" and substituting the phrase "indicates that the proportion of alcohol in his or her blood is 50 milligrams or more of alcohol in 100 millilitres of blood".

(2) Subsection 60.1(4) of the Act is repealed.

(3) Subsection 60.1(5) of the Act is repealed and the following substituted:

(5) It shall be presumed, in the absence of evidence to the contrary, that a screening device issued for the purpose of subsection (1) has been calibrated to correctly indicate the proportion of alcohol in a personís blood.

(4) Subsection 60.1(6) of the Act is amended by deleting the words and quotation marks, "registers "WARN"" and substituting the words "indicates that the proportion of alcohol in his or her blood is 50 milligrams or more of alcohol in 100 millilitres of blood".

(5) Subsection 60.1(7) of the Act is amended by deleting the words and quotation marks "registers "WARN"" and substituting the words "indicates that the proportion of alcohol in his or her blood is 50 milligrams or more of alcohol in 100 millilitres of blood".

8. Subsection 60.3(1) of the Act is amended by adding immediately after the number "60.1" the word and number "or 60.4".

9. The Act is amended by adding immediately after section 60.3 the following:

Request for surrender of novice driverís licence at roadside

60.4 (1) Where, upon demand of a peace officer made under section 254 of the Criminal Code, a novice driver of a motor vehicle or a novice driver who has the care or control of a motor vehicle fails or refuses to provide a sample of breath or provides a sample of his or her breath which on analysis by an approved screening device as defined in section 254 of the Criminal Code registers the presence of alcohol in that sample in a concentration greater than 0 milligrams of alcohol in 100 millilitres of blood the peace officer shall request the novice driver to surrender his or her driverís licence.

(2) Where, upon demand of a peace officer made under section 254 of the Criminal Code, the novice driver of a motor vehicle or a novice driver who has the care or control of a motor vehicle fails or refuses to provide a sample of breath or provides a sample of his or her breath which on analysis by an instrument approved as suitable for the purpose of section 254 of the Criminal Code, indicates that the proportion of alcohol in his or her blood is greater than 0 milligrams of alcohol in 100 millilitres of blood, the peace officer shall request the novice driver to surrender his or her driverís licence.

(3) Where an analysis of the breath of a person is made under subsection (1) and registers the presence of alcohol in his or her blood, the person may require a further analysis to be performed in the manner provided in subsection (2), in which case the result obtained on the second analysis governs and a revocation resulting from an analysis under subsection (1) continues or terminates accordingly.

(4) Where an analysis of the breath of a person is made under subsection (1) and registers the presence of alcohol in an amount greater than 0 milligrams of alcohol in 100 millilitres of blood the peace officer who made the demand under subsection (1) shall advise the person that he or she may require a further analysis in accordance with subsection (3).

(5) Upon a request being made under subsection (1) or (2) the novice driver shall immediately surrender his or her driverís licence to the peace officer.

(6) Upon a request being made under subsection (1) or (2), whether or not the novice driver surrenders his or her driverís licence to the peace officer, his or her driverís licence or driving privileges shall be considered to be suspended by the registrar for a period of

(a) 2 months for the first occasion upon which a request is made under subsection (1) or (2);

(b) 4 months for the second occasion upon which a request is made under subsection (1) or (2); and

(c) 6 months for a subsequent occasion upon which a request is made under subsection (1) or (2),

and following the expiry of a suspension under paragraphs (a), (b) or (c) a novice driver may apply to the registrar to have his or her driverís licence reinstated commencing at the start of the level and class of driverís licence held by that novice driver at the time when his or her licence was suspended subject to a fee and in accordance with conditions and requirements which the registrar may impose upon the licence.

(7) Where, under this section, the driverís licence or driving privileges of a novice driver are suspended, the peace officer who requested the surrender of the driverís licence shall

(a) keep a record of the driverís licence or driving privileges suspended with the name and address of the novice driver and the date and time of the suspended;

(b) provide the novice driver whose driverís licence or driving privileges are suspended with a notice which shall include the time from which the suspension takes effect and shall indicate that the registrar shall inform the novice driver of when he or she may apply for a driverís licence and that notice shall, where the novice driver surrenders his or her driverís licence, constitute a receipt of the surrender of that driverís licence; and

(c) notify the registrar of the suspension of the driverís licence or driving privileges.

Screening accompanying driver with alcohol

60.5 (1) Where a peace officer has brought a novice driver to a stop under the authority of this Act, and the peace officer reasonably suspects that the accompanying driver has alcohol in his or her body, the peace officer may demand that the accompanying driver immediately provide a sample of breath into an approved screening device as defined in section 254 of the Criminal Code as if he or she was the person operating the motor vehicle.

(2) Where, upon demand of a peace officer made under subsection (1), an accompanying driver fails or refuses to provide a sample of breath or provides a sample of breath which on analysis by an approved screening device, as defined in section 254 of the Criminal Code, indicates that the proportion of alcohol in his or her body is 50 milligrams or more of alcohol in 100 millilitres of blood, the peace officer may direct the novice driver not to drive a motor vehicle on a highway while an accompanying driverís body has 50 milligrams or more of alcohol in 100 millilitres of blood and shall request that the accompanying driver surrender his or her driverís licence.

(3) Where analysis of the breath of an accompanying driver under subsection (2) registers the presence of alcohol as described in that subsection, the peace officer may demand that the accompanying driver provide a sample of his or her breath and where the accompanying driver provides that sample, which, on analysis by an instrument approved as suitable for the purpose of section 254 of the Criminal Code, indicates that the proportion of alcohol in his or her blood is 50 milligrams or more of alcohol in 100 millilitres of blood, the peace officer may direct the novice driver not to drive a motor vehicle on a highway while an accompanying driverís body has 50 milligrams or more of alcohol in 100 millilitres of blood, and shall request that the accompanying driver surrender his or her driverís licence.

(4) The direction under this section to a novice driver not to drive a motor vehicle on a highway is intended to ensure that novice drivers acquire experience and develop or improve safe driving skills in controlled conditions and to safeguard the licensee and the public and does not constitute an alternative to any proceeding or penalty arising from the same circumstances or around the same time.

(5) Upon a request being made under subsection (2) or (3), whether or not the accompanying driver surrenders his or her driverís licence to the peace officer, his or her driverís licence or driving privileges are suspended for a period of 24 hours from the time the request is made and that peace officer shall

(a) provide the driver whose driverís licence or driving privileges are suspended with a notice which shall include the time from which the suspension takes effect and the length of the period during which his or her driverís licence is suspended and that notice shall, where the driver surrenders his or her licence, constitute a receipt of the surrender of that driverís licence;

(b) notify the registrar of the name of the accompanying driver, his or her address and of that suspension; and

(c) inform the accompanying driver of where and when he or she may collect his or her driverís licence after the expiration of the 24 hour suspension.

10. Subsection 63(2) of the Act is amended by deleting the phrase "beginnerís licence of a licensed beginner" and substituting the phrase "driverís licence of a novice driver".

11. Section 91 of the Act is amended by adding immediately after subsection (4) the following:

(5) This section shall not apply to a novice driver.

12. (1) Subparagraph 186(h)(i) of the Act is amended by adding immediately before the word "driver" the words "novice driver and".

(2) Paragraphs 186(h)(ii), (iii), (iv), (v), (vi), (vii), (viii) and (xi) are amended by adding immediately before the word "driver" wherever it occurs, the words "novice driver or".

13. The Schedule to the Act is amended by adding immediately after the row and columns referring to paragraph "55(4)(e)" the following:

55.2

Contravening restriction on novice or accompanying drive

90

65

5 days

1 day

Commencement

14. This Act shall come into force on January 1, 1999.

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