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Statutes of Newfoundland and Labrador 2006


CHAPTER 23

AN ACT TO AMEND THE HIGHWAY
TRAFFIC ACT

(Assented to May 26, 2006)

Analysis


††††††† 1. S.2 Amdt.
Definitions

††††††† 2. S.11 Amdt.
Application for registration

††††††† 3. S.16 Amdt.
Registrar to register vehicle

††††††† 4. S.45 Amdt.
Application for licence

††††††† 5. S.47 Amdt.
Expiry of licence

††††††† 6. S.77 Amdt.
Insuring ambulances etc.

††††††† 7. S.162.1 Added
Warning markers

†††††††† 8 S.174.1 Amdt.
Report of medical practitioner

††††††† 9.†† S.178 Amdt.
Seat belts

††††† 10. S.186 Amdt.
Regulations

††††† 11. S.195 Amdt.
Regulations respecting equipment

††††† 12. S.195.1 Amdt.
Non-repairable or salvage vehicles

††††† 13. S.205.1 Amdt.
Identification card

††††† 14. Sch. Amdt.

††††† 15.†† Commencement


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 Paragraph 2(qqq) of the Highway Traffic Act is repealed and the following substituted:

††††††† (qqq)"taxi" means a motor vehicle used to transport passengers for compensation other than

††††††††††††††††††††† (i)a bus or a school bus used to transport passengers for compensation, and

†††††††††††††††††††† (ii)another motor vehicle not referred to in subparagraph (i) that only transports children to and from school and school related activities under a contract with a school board for that purpose;

 

††††††† 2. Subsection 11(8) of the Act is repealed and the following substituted:

†††††††††††† (8)Where a person pays the prescribed fee for registration at a bank the registration is considered to be valid for the time period that may be established by regulation.

 

††††††† 3. Paragraph 16(2)(b) of the Act is repealed and the following substituted:

†††††††††††† (b)one identification plate in respect of a trailer, motor cycle or a vehicle owned by a dealer and one or more identification plates, that the registrar may determine, for other vehicles and identification plates shall be distinctive and numbered in the manner the registrar may determine.

 

††††††† 4. Paragraph 45(6)(c) of the Act is amended by adding immediately after the word "written", a comma and the words "road driving".

 

††††††† 5. Subsection 47(3) of the Act is repealed and the following substituted:

†††††††††††† (3)Notwithstanding subsections (1) and (2), where a person pays the prescribed fee for a driverís licence at a bank the driverís licence is considered to be valid for the time period that may be established by regulation.

 

††††††† 6. (1) Section 77 of the Act is amended by adding immediately after paragraph (a) the following:

††††††††† (a.1)the coverage by insurance of motor vehicles which are contracted to school boards in the province for the transportation of students to and from school and school related activities;

†††††††††††† (2)Paragraph 77(b) of the Act is amended by striking out the reference "paragraph (a)" and substituting the references "paragraphs (a) and (a.1)".

 

††††††† 7. The Act is amended by adding immediately after section 162 the following:

Warning markers

162.1 Where work is carried out on a highway or an activity is conducted that obstructs all or a part of the travel lane of a highway, the person responsible for carrying out that work or causing that obstruction shall ensure that

†††††††††††† (a)warning signs or other markers; or

†††††††††††† (b)persons with a flag or sign,

are used to control the movement of traffic around that work or obstruction and to warn persons of the section of highway that is being worked upon or is obstructed.

 

††††††† 8. (1) Subsection 174.1(1) of the Act is amended by adding immediately after the words "Medical Act", the words "or a nurse practitioner as defined in the Registered Nurses Act".

†††††††††††† (2)Subsection 174.1(2) of the Act is amended by adding immediately after the word "practitioner" the words "or a nurse practitioner".

 

††††††† 9. Paragraph 178(5)(b) of the Act is repealed and the following substituted:

†††††††††††† (b)a person who holds a certificate signed by a medical practitioner licensed under the Medical Act or a nurse practitioner as defined in the Registered Nurses Act certifying that the person is

††††††††††††††††††††† (i)for the period stated in the certificate, unable for medical reasons to wear a seat belt assembly, or

†††††††††††††††††††† (ii)because of size, build or other physical characteristic, unable to wear a seat belt assembly;

 

††††† 10. (1) Paragraph 186(d) of the Act is repealed and the following substituted:

††††††††† (c.1)respecting the requirement for and issuing of different classes of licence for differing categories of vehicle or use of a vehicle;

†††††††††††† (d)establishing a time period for which a driverís licence or registration of a motor vehicle may be considered valid after the date of payment of a prescribed fee for that licence or registration at a bank and circumstances under which that time period may be varied;

†††††††††††† (2)Section 186 of the Act is amended by adding immediately after paragraph (f) the following:

†††††††††† (f.1)respecting the audit of dealers in order to regulate, account for and ascertain inventories of licence plates and stickers issued to those dealers and to audit temporary registrations and the accounts respecting money collected for those registrations;

 

††††† 11. Subsection 195(3) of the Act is amended by deleting the words "Canadian Medical Association" and substituting the words "Canadian Council of Motor Transport Administrators".

 

††††† 12. Section 195.1 of the Act is amended by deleting the words "as soon as practicable" and substituting the words "within 10 calendar days".

 

††††† 13. Subsection 205.1(5) of the Act is repealed and the following substituted:

†††††††††††† (5)A person who

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

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

†††††††††††† (c)displays, permits to be displayed or possesses an identification card which purports to be issued under this section but is fictitious or which was issued under this section but has been defaced, altered or cancelled,

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

 

††††† 14. (1) The Schedule to the Act is amended by adding immediately after the row starting with a reference to subsection 187(5) the following:

 

195.1

Notification of non repairable or salvage vehicle

150

100

3 days

1 day

†††††††††††† (2)The Schedule to the Act is amended by deleting the words in the Offence column after the reference to subsection 205.1(5) and substituting the words "Alteration of identification card, false name or address on or possessing false or defaced identification card".

Commencement

††††† 15. Sections 2 and 5 of this Act shall come into force on a date to be proclaimed by the Lieutenant-Governor in Council.