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Statutes of Newfoundland 1998


CHAPTER 21

AN ACT TO AMEND THE HIGHWAY
TRAFFIC ACT

(Assented to December 15, 1998)

Analysis

1. S.2 Amdt.
Definitions

2. S.5 R&S
Fees and forms

3. S.10 Amdt.
Registration of vehicle required

4. S.11 Amdt.
Application for registration

5. S.16 Amdt.
Registrar to register vehicle

6. S.35 Amdt.
Where licence plate, etc. lost

7. S.45 Amdt.
Application for licence

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

9. S.55 Amdt.
Beginnerís licence

10. S.57 Amdt.
Licence lost

11. S.69 Amdt.
Commencement of suspension or cancellation

12. S.84 Amdt.
Operating record

13. S.93 Amdt.
Regulations

14. S.104 Amdt.
Divided roadways

15. S.106 Amdt.
Traffic control devices

16. S.107 Amdt.
Erection of other devices prohibited

17. S.108 Amdt.
No advertising on device

18. S.110 Amdt.
Imprudent driving

19. S.149 Amdt.
Authority to remove vehicles

20. S.163 R&S
Littering highway

21. Ss.179 to 185 Rep.
179. Traffic signs
180. Identification of sign
181. Application of signs
182. Placing of signs
183. Minister may delegate
authority
184. Unauthorized signs
185. Traffic sign

22. S.187 Amdt.
Minister may make
regulations

23. S.189 Amdt.
Municipal regulations

24. S.190 Amdt.
Councilís powers

25. S.191 Amdt.
St. Johnís Traffic Commission

26. S.192 Amdt.
Corner Brook Traffic Commission

27. S.193 Amdt.
Mount Pearl Traffic Commission

28. S.195.1 Added
Non-repairable
or salvage
vehicles

29. S.196 Amdt.
Inspection stations

30. S.197 Amdt.
Regulations re: Safety Code

31. Ss.202.1 and 202.2 Added
202.1 Fisheries officer
202.2 Games officer

32. S.205.1 Added
Identification card

33. Sch. Amdt.

34. Commencement

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


RSN1990 cH-3
as amended

1. (1) Paragraph 2(q) of the Highway Traffic Act is amended by deleting the phrase "Works, Services and Transportation" and substituting the phrase "Government Services and Lands".

(2) Paragraph 2(aa) of the Act is repealed and the following substituted:

(aa) "highway" means a place or way, including a structure forming part of the place or way, designed and intended for, or used by, the public for the passage of traffic or the parking of vehicles and includes all the space between the boundary lines of the place or way;

(3) Section 2 of the Act is amended by repealing paragraph (ll) and substituting:

(ll) "minister" unless otherwise specified, means the minister appointed under the Executive Council Act to administer this Act;

(4) Section 2 of the Act is amended by adding the following immediately after paragraph (qq):

(qq.1) "non-repairable vehicle" means a vehicle which is incapable of operation or use on the highway and which has no resale value except as a source of parts or scrap;

(5) Section 2 of the Act is further amended by adding the following immediately after paragraph (kkk):

(kkk.1) "salvage vehicle" means a vehicle which is damaged by collision, fire, flood, accident, trespass or other occurrence to the extent that the cost of repairing the vehicle for operation on the highway exceeds the vehicleís fair market value immediately prior to the damage;

(6) Paragraph 2(vvv) of the Act is amended by deleting the word "minister" and substituting the phrase "Minister of Works, Services and Transportation".

2. Section 5 of the Act is repealed and the following substituted:

Fees and forms

5. (1) Subject to the approval of the minister, the registrar may prescribe forms for the purpose of this Act.

(2) The minister may set fees for the purpose and administration of this Act.

3. Subsection 10(3) of the Act is amended by striking out the words "in the regulations" and substituting the words "by the minister".

4. Subsection 11(7) of the Act is amended by striking out the word "regulations" and substituting the word "minister".

5. (1) Paragraph 16(1)(a) of the Act is amended by striking out the word "regulations" and substituting the word "minister".

(2) Paragraph 16(3)(c) of the Act is amended by striking out the word "regulations" and substituting the word "minister".

6. Section 35 of the Act is amended by striking out the word "regulations" and substituting the word "minister".

7. Subsection 45(4) of the Act is amended by striking out the word "regulations" and substituting the word "minister".

8. Paragraph 48(1)(e) of the Act is amended by striking out the words "fees prescribed by the regulations" and substituting the words "prescribed fees".

9. (1) Subsection 55(1) of the Act is amended by striking out the words "that may be prescribed in the regulations" and substituting the words "prescribed by the minister".

(2) Subsection 55(3) of the Act is amended by striking out the words "that may be prescribed in the regulations" and substituting the words "prescribed by the minister".

10. Section 57 of the Act is amended by striking out the word "regulations" and substituting the word "minister".

11. Subsection 69(1) of the Act is repealed and the following substituted:

Commencement of suspension or cancellation

69. (1) The suspension or cancellation of a driverís licence under sections 64 and 65 has effect from the date of the respective conviction, plea or finding and the suspension or cancellation of a driverís licence under section 68 has effect on the date determined by the registrar.

12. Subsection 84(2) of the Act is amended by striking out the phrase "as a fee for each certificate a sum of $5 or whatever other sum that the minister may prescribe by regulation" and substituting the phrase "for each certificate a fee prescribed by the minister".

13. Paragraph 93(c) of the Act is repealed.

14. Section 104 of the Act is amended by deleting the word "minister" and substituting the phrase "Minister of Works, Services and Transportation".

15. (1) Subsection 106(1) of the Act is amended by inserting immediately after the phrase "traffic-control device" the phrase "prescribed by the Minister of Works, Services and Transportation".

(2) Subsection 106(33) of the Act is amended by deleting the word "minister" and substituting the phrase "Minister of Works, Services and Transportation".

(3) Subsection 106(34) of the Act is amended by deleting the word "minister" and substituting the phrase "Minister of Works, Services and Transportation".

16. Section 107 of the Act is amended by deleting the word "minister" and substituting the phrase "Minister of Works, Services and Transportation.

17. Section 108 of the Act is amended by inserting immediately after the word "device" at the end of the section the phrase "as prescribed by the Minister of Works, Services and Transportation".

18. Subsection 110(2) of the Act is amended by deleting the word "minister" and substituting the phrase "Minister of Works, Services and Transportation".

19. (1) Subsection 149(1) of the Act is amended by deleting the word "minister" and substituting the phrase "Minister of Works, Services and Transportation".

(2) Subsection 149(2) of the Act is amended by inserting immediately following the phrase "so authorized" the phrase "by the Minister of Works, Services and Transportation".

(3) Subsection 149(6) of the Act is amended by deleting the word "minister" and substituting the phrase "Minister of Works, Services and Transportation".

(4) Subsection 149(7) of the Act is amended by deleting the word "department" and substituting the phrase "Department of Works, Services and Transportation" and by deleting the word "minister" and substituting the phrase "Minister of Works, Services and Transportation".

(5) Subsection 149(8) of the Act is amended by deleting the word "minister" and substituting the phrase "Minister of Works, Services and Transportation".

(6) Subsection 149(9) of the Act is amended by deleting the word "minister" the first time it appears and substituting the phrase "Minister of Works, Services and Transportation" and by deleting the words "the minister" the second time they appear and substituting the words "he or she".

(7) Subsection 149(10) of the Act is amended by deleting the word "minister" and substituting the phrase "Minister of Works, Services and Transportation".

(8) Subsection 149(11) of the Act is amended by deleting the word "minister" the first time it appears and substituting the phrase "Minister of Works, Services and Transportation" and by deleting the words "the minister" the second time they appear and substituting the words "him or her".

(9) Subsection 149(12) of the Act is amended by deleting the word "minister" and substituting the phrase "Minister of Government Services and Lands".

(10) Subsection 149(13) of the Act is amended by inserting immediately after the word "employee" the phrase "of the Department of Government Services and Lands".

20. Section 163 of the Act is repealed and the following substituted:

Littering highway

163. (1) A person shall not throw, deposit or leave on a highway ordinary litter, rubbish, refuse, waste, glass, nails, tacks, scraps of metal or other waste material.

(2) A person who removes a wrecked or damaged vehicle from a highway shall remove any glass, any substance which may injure tires of a vehicle or any other substance referred to in subsection (1) deposited upon the highway by the vehicle or as a result of the damage or wreck.

(3) A person shall not deposit or throw ice or snow on a highway unless permission to do so has been granted by the authority responsible for road maintenance in the area.

(4) A vehicle owner is responsible for a violation of this section and shall incur the penalty that arises from that violation.

(5) Notwithstanding subsection (4) of this section and section 210, where an owner proves that at the time of a violation of this section he or she was not the driver of the vehicle or that the vehicle was in possession of some person other than the owner without the ownerís consent, the owner shall not incur the penalties provided for that violation.

21. Sections 179 to 185 of the Act are repealed.

22. Subsection 187(1) of the Act is amended by deleting the word "minister" and substituting the phrase "Minister of Works, Services and Transportation or the Minister of Government Services and Lands".

23. (1) Subsection 189(1) of the Act is amended by deleting the word "minister" and substituting the phrase "Minister of Works, Services and Transportation".

(2) Subsection 189(2) of the Act is amended by deleting the word "minister" and substituting the phrase "Minister of Works, Services and Transportation".

(3) Subsection 189(3) of the Act is amended by deleting the phrase "the minister" and substituting the phrase "the Minister of Works, Services and Transportation".

(4) Subsection 189(7) of the Act is repealed and the following substituted:

(7) A council to which the minister has delegated the power to make regulations under subsection (1) has and shall be considered to have had power to amend or revoke and substitute other regulations for regulations made by the minister under section 187 or section 60 of the Works, Services and Transportation Act on a matter referred to in subsection (1) and regulations made under subsection (1) prevail over regulations made under section 187 or section 60 of the Works, Services and Transportation Act in respect of those matters referred to in subsection (1) of this section.

24. (1) Subsection 190(1) of the Act is repealed and the following substituted:

Councilís powers

190. (1) A council to which the Minister of Works, Services and Transportation has delegated power under subsection 189(1) has, with the approval of the minister, which approval may be given to the council generally or with respect to particular traffic signs or classes of traffic signs, the power to place on a road, street, lane, sidewalk, bridge or highway referred to in subsection 189(6) traffic signs referred to in Part V or prescribed by regulations made by the minister under Part I.1 of the Works, Services and Transportation Act.

(2) Subsection 190(2) of the Act is amended by deleting the number "181" and by substituting the number and words "34.3 of the Works, Services and Transportation Act".

25. Section 191 of the Act is amended by deleting the word "minister" where it appears the first time and substituting the phrase "Minister of Works, Services and Transportation".

26. Section 192 of the Act is amended by deleting the word "minister" where it appears the first time and substituting the phrase "Minister of Works, Services and Transportation".

27. Section 193 of the Act is amended by deleting the word "minister" where it appears the first time and substituting the phrase "Minister of Works, Services and Transportation".

28. The Act is further amended by adding the following immediately after section 195:

Non-repairable or salvage vehicles

195.1 Where

(a) an insurer;

(b) an insurance adjuster;

(c) a self insurer;

(d) an owner of a vehicle; or

(e) a class of person specified in regulations made under subsection 196(1),

determines that a vehicle is a non-repairable vehicle or a salvage vehicle, that person shall report that determination to the registrar in a form required by the registrar as soon as practicable after the determination is made.

29. Subsection 196(1) of the Act is amended by adding the following immediately after paragraph (j):

(k) requiring classes of persons to report a determination that a vehicle is a non-repairable vehicle or a salvage vehicle;

30. Paragraph 197(1)(f) of the Act is amended by striking out the words "and prescribing the fee for the return of a driverís licence suspended under the regulations".

31. The Act is amended by adding immediately after section 202 the following:

Fisheries officer

202.1 A fisheries officer employed by the Department of Fisheries and Oceans (Canada) may, without a warrant, stop a person driving a vehicle on a highway where the officer believes on reasonable grounds that the person has committed an offence, or the officer finds that person committing an offence, contrary to the Fisheries Act (Canada), and that person is upon conviction liable to the penalty prescribed in the Schedule.

Games officer

202.2 A game officer employed by the Canadian Wildlife Service of the Department of Environment (Canada) may, without a warrant, stop a person driving a vehicle on a highway where the officer believes on reasonable grounds that the person has committed an offence, or the officer finds that person committing an offence contrary to regulations made under the Migratory Birds Convention Act (Canada), and that person is liable upon conviction to the penalty prescribed in the Schedule.

32. The Act is amended by adding immediately after section 205, the following:

Identification card

205.1 (1) The minister may issue to a person who applies for it an identification card containing a photograph of the person.

(2) A person who wishes to obtain an identification card shall apply providing the minister with proof of identification and of age and the other information which the minister may require and shall pay the fee set by the minister.

(3) An identification card issued under this section shall be valid and shall be accepted for all purposes for which proof of identification is required under an Act or for another lawful purpose.

(4) An identification card issued under this section shall expire on the date shown on the card.

(5) A person who

(a) alters, defaces or otherwise changes an identification card issued under this section; or

(b) gives a false or fictitious name or gives a false address or other false or fictitious information in an application for an identification card issued under this section

is guilty of an offence and liable on summary conviction to a fine described in the Schedule.

(6) A driverís licence issued by the registrar under section 46 which contains a photograph of the person to whom it was issued shall be valid and acceptable for all purposes for which an identification card issued under this section is valid and acceptable.

(7) An identification card issued under this section is valid for all purposes for which an identification card issued under section 59 of the Liquor Control Act is valid.

33. (1) The Schedule of the Act is amended by deleting the columns referring to paragraphs 75(5)(a) and (b) and substituting the following:

 

75(5)(a)

Obtaining the registration of a motor vehicle when that motor vehicle is not insured by a policy
Second offence

3000
3000

1000
1000

15 days
90 days

7 days
30 days

75(5)(b)

Operating or permitting the operation of a motor vehicle without a policy
Second offence

3000
3000

1000
1000

15 days
90 days

7 days
30 days

(2) The Schedule of the Act is amended by deleting the line referring to subsection 163(1) and substituting the following:

163

Throwing glass, etc., upon highway

500

100

10 days

2 days

(3) The Schedule to the Act is amended by deleting the words and figures in the columns referring to subsection 184(1) and section 185.

(4) The Schedule of the Act is amended by adding immediately after subsection 196(2) the following:

202.1

Failure to stop at request of federal Fisheries Officer

180

45

10 days

2 days

202.2

Failure to stop at request of federal Environment Canada Games Officer

180

45

10 days

2 days

(5) The Schedule of the Act is amended by inserting immediately after the column referring to paragraph 205(2)(b) the following:

205.1(5)

Alteration of or giving false name or address for ID card

90

-

-

-

 

Commencement

34. Subsections 1(4) and (5) and sections 28 and 29 of this Act come into force on a day to be proclaimed by the Lieutenant-Governor in Council.

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