Statutes of Newfoundland and Labrador 2001 Chapter 19

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Statutes of Newfoundland and Labrador 2001

Statutes of Newfoundland and Labrador 2001 Chapter 19 CHAPTER 19

AN ACT TO AMEND THE MOTOR CARRIER ACT
(Assented to December 13, 2001)

Analysis

1. S.2 Amdt.
Definitions

2. S.4 R&S
Certificate required

3. S.6 R&S
Certificates

4. S.20 Amdt.
Display of plate or sticker on vehicle

5. S.22 R&S
Rates

6. S.23 Amdt.
Cessation of service

7. S.26 Amdt.
Routes

8. S.27 R&S
Schedules and services

9. Transition

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

RSNL1990 cM-19
as amended

1. (1) Section 2 of the Motor Carrier Act is amended by adding the following immediately after paragraph (b):

(b.1) "bus" means a vehicle capable of seating 7 or more passengers in addition to the driver;

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

(c.1) "chartered trip" means a trip where a person who is not the owner or operator of the bus agrees in writing with the owner or operator of the bus to pay a single fee for the transportation of a group of people;

(3) Paragraph 2(p) of the Act is repealed and the following substituted:

(p) "public service vehicle" means a vehicle which is required under section 4 to be operated under a certificate;

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

(r.1) "Trans Canada Highway" means the highway marked by the province as Route No. 1;

(r.2) "Trans Canada Highway corridor" means

(i) the Trans Canada Highway and a 10 kilometre zone on either side of its centreline,

(ii) the City of St. John's, City of Mount Pearl and City of Corner Brook, and

(iii) the entire area of a municipality whose boundaries extend within the area in subparagraph (i);

2. Section 4 of the Act is repealed and the following substituted:

Certificate required

4. (1) A person shall not operate the following vehicles for compensation unless that person holds a certificate authorizing the operation:

(a) a vehicle designed or used for the transportation of ill or injured persons on a highway; or

(b) a bus that travels on the Trans Canada Highway for all or a part of the time to transport passengers originating and terminating at points within the Trans Canada Highway corridor.

(2) Notwithstanding subsection (1), a person may operate the following services without a certificate:

(a) a service to passengers who

(i) originate in the City of St. John's or the City of Mount Pearl and terminate in the City of St. John's or the City of Mount Pearl,

(ii) originate and terminate within the City of Corner Brook, or

(iii) originate and terminate within one municipality whose boundaries extend within the area in subparagraph 2(r.2)(i);

(b) a service carrying passengers as part of a trip where the passengers originate and terminate in another jurisdiction, except that the service may pick up passengers at a ship or airplane in the province;

(c) a service carrying passengers to or from a ship, airplane or helicopter where the one-way distance of the trip is 25 kilometres or less; and

(d) a service carrying passengers on a chartered trip where the passengers travel as a group to the same destination and return to their departure point no more than 31 days after their departure.

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

Certificates

6. (1) The board may issue a certificate authorizing the operation of

(a) a vehicle designed or used for the transportation of ill or injured persons on a highway; and

(b) a bus that travels on the Trans Canada Highway for all or a part of the time to transport passengers originating and terminating at points within the Trans Canada Highway corridor.

(2) Where the board issues a certificate under this section, the registrar may issue to the holder of a certificate a plate or sticker of a design approved by the board.

(3) A plate or sticker issued under subsection (2) remains the property of the Crown and shall be returned by the holder to the registrar upon the registrar's request.

4. Subsection 20(1) of the Act is amended by repealing the word and figure "subsection 6(3)" and substituting the word and figure "subsection 6(2)".

5. Section 22 of the Act is repealed and the following substituted:

Rates

22. The holder of a certificate to operate a public service vehicle shall not charge in excess of the rates that are approved by the board or that are set by the board.

6. Subsection 23(1) of the Act is repealed and the following substituted:

Cessation of service

23. (1) The holder of a certificate to operate a public service vehicle shall not suspend, abandon or discontinue a service provided for in the certificate without first obtaining the approval of the board.

7. Section 26 of the Act is amended by striking out the word "passenger".

8. Section 27 of the Act is repealed and the following substituted:

Schedules and services

27. The board may fix schedules and services that shall be observed and provided by the holder of a certificate to operate a public service vehicle.

Transition

9. A person who holds a certificate to operate a public service vehicle issued immediately before this Act comes into force may continue to operate under that certificate until it is amended or cancelled.