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Statutes of Newfoundland and Labrador 2002


Statutes of Newfoundland and Labrador 2002 Chapter 11

CHAPTER 11

AN ACT TO AMEND THE HIGHWAY
TRAFFIC ACT

(Assented to December 19, 2002)

Analysis

1. S.2 Amdt.
Definitions

2. S.60.1 Amdt.
Request for surrender of driver's licence at roadside

3. S.60.4 Amdt.
Request for surrender of novice driver's licence at roadside

4. S.60.5 Amdt.
Screening accompanying driver with alcohol

5. S.65 Amdt.
Suspension or cancellation

6. S.65.1 Added

Registrar's Advisory Committee

7. S.186 Amdt.
Regulations

8. Commencement

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


RSNL1990 cH-3
as amended

1. Section 2 of the Highway Traffic Act is amended by adding the following immediately after paragraph (bb):

(bb.1) "ignition interlock device" means a device designed to ascertain the presence of alcohol in a driver's body and to prevent a motor vehicle from being started if the concentration of alcohol in the driver's body exceeds the prescribed limit;

 

2. (1) Section 60.1 of the Act is amended by adding immediately after subsection (3) the following:

(3.1) Where, upon demand of a peace officer made under section 254 of the Criminal Code, the driver of a motor vehicle or a person who has the care or control of a motor vehicle fails or refuses to provide a sample of his or her breath, the peace officer shall request the driver to surrender his or her driver's licence.

(2) Subsection 60.1(8) of the Act is repealed and the following substituted:

(8) Upon a request being made under subsection (1), (2), (3) or (3.1) the driver shall immediately surrender his or her driver's licence.

(3) Subsection 60.1(9) of the Act is repealed and the following substituted:

(9) Upon a request being made under subsection (1), (2), (3) or (3.1), whether or not the driver surrenders his or her driverís licence to the peace officer, his or her driverís licence or driving privileges are suspended

(a) for a period of 24 hours from the time the request is made, where the driver fails or refuses to provide a sample of his or her breath or where the analysis under subsection (1) or (2) indicates that the proportion of alcohol in his or her blood is 50 milligrams or more in 100 millilitres of blood; and

(b) for a period of 90 days commencing on the 14th day after the expiration of the 24 hour suspension, where the driver fails or refuses to provide a sample of his or her breath or where the analysis under subsection (1) or (2) indicates that the proportion of alcohol in his or her blood is 80 milligrams or more of alcohol in 100 millilitres of blood.

(4) Section 60.1 of the Act is amended by adding the following immediately after subsection (10):

(10.1) A 90 day suspension shall be served concurrently with a suspension under section 65 and consecutively to another unexpired suspension.

(5) Subsection 60.1(12) of the Act is repealed and the following substituted:

(12) Upon the termination of a 24 hour suspension under this section, the driver's licence shall, if it was surrendered to a peace officer, be returned to the driver at the address shown on the driver's licence or to another address requested by the driver.

 

3. Section 60.4 of the Act is amended by adding immediately after subsection (6) the following:

(6.1) Notwithstanding subsection (6), where a novice driver fails or refuses to provide a sample of his or her breath or the analysis under subsection (1) or (2) indicates that the proportion of alcohol in the novice driver's blood is 80 milligrams or more of alcohol in 100 millilitres of blood, the novice driver's licence or driving privileges shall be suspended by the registrar for a minimum period of 90 days and the procedure for reinstatement set out in subsection (6) applies.

 

4. Subsection 60.5(5) of the Act is repealed and the following substituted:

(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

(a) for a period of 24 hours from the time the request is made, where the accompanying driver fails or refuses to provide a sample of his or her breath or where the analysis under subsection (2) or (3) indicates that the proportion of alcohol in his or her blood is 50 milligrams or more in 100 millilitres of blood; and

(b) for a period of 90 days commencing on the 14th day after the expiration of the 24 hour suspension, where the accompanying driver fails or refuses to provide a sample of his or her breath or where the analysis under subsection (2) or (3) indicates that the proportion of alcohol in his or her blood is 80 milligrams or more of alcohol in 100 millilitres of blood.

(6) Where an accompanying driver's licence or driving privileges are suspended under subsection (5) the peace officer shall

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

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

(c) inform the accompanying driver of how he or she may collect his or her driver's licence after the expiration of the 24 hour suspension.

 

5. (1) Subsection 65(1) of the Act is repealed and the following substituted:

Suspension or cancellation

65. (1) The registrar shall by written order suspend or cancel the driver's licence or driving privileges of a person who has been convicted of an offence committed anywhere in Canada under section 220, 221, 236, 249, 252, 253, 254, 255, 259 or another provision of the Criminal Code which involves the use of a motor vehicle or in the commission of which a motor vehicle was used,

(a) for a period of 12 months in the case of a first conviction;

(b) for a period of 36 months in the case of a second conviction entered within 10 years after the first conviction;

(c) for a period of 60 months in the case of a third conviction entered within 10 years after the first conviction; and

(d) for life in the case of a fourth and subsequent conviction entered within 10 years after the first conviction.

(1.1) Notwithstanding subsection (1), the registrar shall by written order suspend or cancel the driver's licence or driving privileges of a person who has been convicted of an offence committed anywhere in Canada

(a) under subsection 255(2) of the Criminal Code, for a period of 10 years; or

(b) under subsection 255(3) of the Criminal Code, for life.

(1.2) A person whose driver's licence or driving privileges have been suspended or cancelled under subsection (1.1) may apply to the registrar to reinstate his or her driver's licence or driving privileges after

(a) 5 years from the date of the suspension or cancellation, where the suspension or cancellation was done under paragraph (1.1)(a); or

(b) 10 years from the date of the suspension or cancellation, where the suspension or cancellation was done under paragraph (1)(d) or (1.1)(b),

and the registrar may, upon considering the recommendation of the Registrar's Advisory Committee, reinstate the driver's licence or driving privileges subject to a fee and in accordance with conditions that the registrar may impose upon the licence, including

(c) the use of an ignition interlock device in accordance with regulations made under section 186; and

(d) participation in a program for assessment and treatment in relation to the consumption of alcohol or drugs.

(2) Subsection 65(3) of the Act is repealed and the following substituted:

(3) Notwithstanding subsections (1) and (1.1), where a judge makes an order prohibiting a person from operating a motor vehicle for a greater period than that outlined in this section, the registrar shall impose the same period of suspension as the judge has imposed and the person is not eligible to apply for reinstatement under subsection (1.2) until that period of suspension has expired.

 

6. The Act is amended by adding the following immediately after section 65:

Registrar's Advisory Committee

65.1 (1) The Registrar's Advisory Committee is established to provide the registrar with advice and recommendations respecting

(a) reinstatement of driver's licences and driving privileges suspended under section 65;

(b) the administration of an ignition interlock program that may be established in regulations under section 186; and

(c) other matters that may be prescribed in regulations under section 186.

(2) The minister shall appoint as members of the committee established under subsection (1):

(a) the Supervisor of Driver Records in the division, who shall be the chairperson of the committee, and may appoint an alternate employee of the division to serve in his or her absence;

(b) an employee of the Department of Justice nominated by the Deputy Minister of Justice; and

(c) an employee of the Department of Health and Community Services nominated by the Deputy Minister of Health and Community Services.

(3) Where a person appointed under paragraph (2)(b) or (c) is unable to attend a meeting of the committee, the deputy minister of the department where he or she is employed may select another employee to serve as a member of the committee in his or her absence.

(4) The minister may replace a member appointed under subsection (2) by appointing a new member in his or her place.

 

7. Section 186 of the Act is amended by striking out the period at the end of paragraph (h) and substituting a semicolon and by adding immediately after paragraph (h) the following:

(i) providing for the seizure and impoundment of motor vehicles by a peace officer where the officer has reason to believe that a person who was operating the vehicle contravened subsection 73(2), and in particular,

(i) enabling the peace officer to delay seizing the vehicle in certain circumstances,

(ii) providing for the release of a stolen vehicle,

(iii) requiring that a notice of seizure be given to the driver and sent to the registrar and the owner of the vehicle, and prescribing the timing and form of this notice,

(iv) prescribing the period of impoundment,

(v) where the owner of the vehicle was not the person operating the vehicle, enabling the owner of the vehicle to apply for early release of the vehicle where

(A) the owner could not reasonably have been expected to know that the person who was operating the vehicle was disqualified from driving, or

(B) the owner establishes that the impoundment of the vehicle would cause him or her exceptional hardship,

(vi) prescribing the criteria for establishing exceptional hardship for the purpose of subparagraph (v),

(vii) enabling the owner and operator of the vehicle to apply for early release of the vehicle where the owner and operator establishes that he or she had no reason to believe that he or she was disqualified from driving,

(viii) providing for an appeal of a decision on an application for early release of a vehicle,

(ix) prescribing the fees to be paid in relation to the impoundment and release of the vehicle, and

(x) prescribing the types of fees and charges that shall be a lien on the impounded vehicle, the priority of those liens and how those liens may be enforced, including the sale of the vehicle by the towing or storage company or by the registrar;

(j) providing for the establishment of an ignition interlock program in one or more designated parts of the province allowing persons whose driver's licence or driving privileges have been suspended to apply for reinstatement under prescribed conditions including the use of an ignition interlock device, and in particular

(i) approving ignition interlock devices,

(ii) prescribing standards for the installation, operation and maintenance of approved ignition interlock devices,

(iii) providing for the payment of expenses and fees respecting the installation, use, maintenance and removal of ignition interlock devices,

(iv) providing a method to determine whether an approved ignition interlock device is in place in a vehicle where it is required and whether it is working,

(v) providing penalties for a person who drives a motor vehicle that is not equipped with an approved ignition interlock device while prohibited from doing so,

(vi) providing penalties for tampering with or removing an ignition interlock device,

(vii) providing penalties for assisting a person with the improper use of an ignition interlock device, and

(viii) prescribing criteria for eligibility in the ignition interlock program and for the removal of an ignition interlock device once installed; and

(k) respecting the operation and role of the Registrar's Advisory Committee established in section 65.1.

Commencement

8. This Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council.

 

 

 

 

 

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