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Statutes of Newfoundland and Labrador 2005


CHAPTER 46

AN ACT TO AMEND THE HIGHWAY
TRAFFIC ACT

(Assented to December 13, 2005)

Analysis


        1.   S.2 Amdt.
Definitions

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

        3.   S.84.1 Added
Appeal

        4.   Ss.85 to 93 Rep.
85.   Board
86.   Remuneration of board         members
87.   Powers of board                    members
88.   Rules of procedure
89.   Witnesses
90.   Inquiries by single                 member
91.   Powers, etc. of board
92.   Appeal
93.   Regulations

        5.   Transitional

        6.   Protection from liability


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

RSNL1990 cH-3
as amended

        1. Paragraph 2(f) of the Highway Traffic Act is repealed.

 

        2. Subsections 71(5) and (6) of the Act are repealed.

 

        3. The Act is amended by adding immediately after section 84 the following:

Appeal

   84.1 (1) A person aggrieved by a decision of the registrar to suspend, cancel or refuse

             (a)  a permit or licence;

             (b)  the registration of a motor vehicle; or

             (c)  an application for a permit or licence,

other than a suspension or cancellation made under sections 65, 67 and 68 or as a result of an accumulation of demerit points, may, within 30 days of receipt of the decision, appeal the decision to a judge of the Trial Division by filing in the office of the Registrar of the Supreme Court a notice of appeal and by serving a copy of the notice upon the registrar.

             (2)  The practice and procedure under the Judicature Act and the Rules of Court relating to appeals shall apply to proceedings under this section.

             (3)  At the hearing of the appeal, the judge may

             (a)  dismiss the appeal;

             (b)  order the registrar to restore a licence or registration cancelled or suspended by the registrar under this Act; or

             (c)  order the registrar to issue a licence or permit that the registrar has refused to issue.

             (4)  The filing of an appeal under this section does not affect the decision appealed from and the decision remains in force pending the outcome of the appeal.

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

 

        4. Sections 85, 86, 87, 88, 89, 90, 91, 92 and 93 of the Act are repealed.

Transitional

        5. (1) Notwithstanding the repeal of subsections 71(5) and 71(6) and sections 85, 86, 87, 88, 89, 90 and 91 of the Act, where, prior to the abolition of the Driver's Licence Suspension Review Board, an application under subsection 71(5) or 91(2) had been made to it, those members of the board whose term had not expired prior to the coming into force of this Act shall be continued as the board  for purposes of hearing and deciding the application.

             (2)  An application continued under subsection (1) may be heard and decided by a single member of the board that is continued under subsection (1) and the hearing of the application and the decision of the member shall be considered to be a hearing by, and decision of, the board for purposes of this section.

             (3)  Where an application is dealt with by the board under subsection (1), it shall render its decision within 6 months after the day this Act comes into force.

             (4)  Notwithstanding the repeal of sections 85 and 86 of the Act, for the purposes of hearing and deciding an application under subsection (1), the members who are continued as the board under subsection (1) shall be compensated for dealing with the application as if sections 85 and 86 had not been repealed.

             (5)  Notwithstanding the repeal of sections 87, 88, 89, and 91 of the Act, for purposes of hearing and deciding an application under subsection (1), the board shall continue to have the powers to consider, hear and decide upon the application as if those sections had not been repealed.

             (6)  Notwithstanding the repeal of section 92 of the Act, a person aggrieved by a decision of the board continued under subsection (1) may, within 30 days of the decision, appeal from or against that decision as if section 92 had not been repealed.

Protection from liability

        6. An action, application or other proceeding does not lie and shall not be instituted against the Crown as a result of the repeal of sections 85 to 93 of the Act.