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Statutes of Newfoundland and Labrador 2008


CHAPTER 57

AN ACT TO AMEND THE HIGHWAY
TRAFFIC ACT

(Assented to December 18, 2008)

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

††††††† 5. S.110.1 Added
Speed limit in a construction zone

††††††† 6.†† S.195 Amdt.
Regulations

††††††† 7.†† Sch Amdt.

††††††† 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. Paragraph 2(ggg) of the Highway Traffic Act is repealed and the following substituted:

††††††† (ggg)"resident" means a person who lives in the province for 90 consecutive days or longer in a year;

 

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

††††††††† (2.1)Where a peace officer has reasonable grounds to believe that the ability of the driver of a motor vehicle or a person who has the care or control of a motor vehicle to operate the vehicle is impaired by a drug, or a combination of a drug and alcohol, the peace officer shall request the driver to surrender his or her driver's licence.

†††††††††††† (2)Subsection 60.1(3.1) of the Act is repealed and the following substituted:

††††††††† (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 comply with the demand, the peace officer shall request the driver to surrender his or her driver's licence.

†††††††††††† (3)Subsection 60.1(8) of the Act is repealed and the following substituted:

†††††††††††† (8)Upon a request being made under subsection (1), (2), (2.1), (3) or (3.1), the driver shall immediately surrender his or her driver's licence.

†††††††††††† (4)Section 60.1 of the Act is amended by adding immediately after subsection (9) the following:

††††††††† (9.1)Upon a request being made under subsection (2.1) or (3.1), whether or not the driver surrenders his or her driver's licence to the peace officer, his or her driver's licence or driving privileges are suspended

†††††††††††† (a)for a period of 24 hours from the time the request is made where the peace officer has reasonable grounds to believe that the ability of the driver or person who has the care or control of the vehicle is impaired by a drug, or a combination of a drug and alcohol, or where he or she fails or refuses to comply with a demand under section 254; and

†††††††††††† (b)for a period of 90 days beginning on the fourteenth day after the expiry of the 24 hour suspension, where the driver fails or refuses to comply with a demand made on him or her under section 254 of the Criminal Code.

 

††††††† 3. (1) Section 60.4 of the Act is amended by adding immediately after subsection (1) the following:

††††††††† (1.1)Where a peace officer has reasonable grounds to believe that the ability of a novice driver of a motor vehicle, or a novice driver who has the care or control of a motor vehicle, to operate the vehicle is impaired by a drug, or a combination of a drug and alcohol, the peace officer shall request the novice driver to surrender his or her driver's licence.

†††††††††††† (2)Section 60.4 of the Act is amended by adding immediately after subsection (2) the following:

††††††††† (2.1)Where upon demand of a peace officer made under section 254 of the Criminal Code, a novice driver or a novice driver who has the care or control of a motor vehicle fails or refuses to comply with the demand made on that driver, the peace officer shall request the novice driver to surrender his or her driver's licence.

†††††††††††† (3)Subsections 60.4(5) and (6) of the Act are repealed and the following substituted:

†††††††††††† (5)Upon a request being made under subsection (1), (1.1), (2) or (2.1), the novice driver shall immediately surrender his or her driver's licence to the peace officer.

†††††††††††† (6)Upon a request being made under subsection (1), (1.1), (2) or (2.1), whether or not the novice driver surrenders his or her driverís licence to the peace officer, his or her driverís licence or driving privileges shall be considered to be suspended by the registrar for a period of

†††††††††††† (a)2 months for the first occasion upon which a request is made under subsection (1), (1.1), (2) or (2.1);

†††††††††††† (b)4 months for the second occasion upon which a request is made under subsection (1), (1.1), (2) or (2.1); and

†††††††††††† (c)6 months for a subsequent occasion upon which a request is made under subsection (1), (1.1), (2) or (2.1),

and, following the expiry of a suspension under paragraphs (a), (b) or (c), a novice driver may apply to the registrar to have his or her driverís licence reinstated commencing at the start of the level and class of driverís licence held by that novice driver at the time when his or her licence was suspended subject to a fee and in accordance with conditions and requirements which the registrar may impose upon the licence.

†††††††††††† (4)Section 60.4 of the Act is amended by adding immediately after subsection (6.1) the following:

††††††††† (6.2)Notwithstanding subsection (6), upon a request being made under subsection (2.1), whether or not the novice driver surrenders his or her driver's licence to the peace officer, his or her driver's licence or driving privileges shall be suspended by the registrar for a period of 90 days where the novice driver fails or refuses to comply with a demand made on the novice driver under section 254 of the Criminal Code, and the procedure for reinstatement set out in subsection (6) applies.

 

††††††† 4. (1) Section 60.5 of the Act is amended by adding immediately after subsection (2) the following:

††††††††† (2.1)Where a peace officer has brought a novice driver to a stop under the authority of this Act and the peace officer has reasonable grounds to believe that the ability of the accompanying driver to operate a motor vehicle is impaired by a drug, or a combination of a drug and alcohol, the peace officer may direct the novice driver not to drive the motor vehicle on a highway and shall request the accompanying driver to surrender his or her driver's licence.

†††††††††††† (2)Section 60.5 of the Act is amended by adding immediately after subsection (3) the following:

††††††††† (3.1)Where a peace officer has brought a novice driver to a stop under the authority of this Act, and the peace officer has reasonable grounds to believe that the ability of the accompanying driver to operate a motor vehicle is impaired by a drug, or a combination of a drug and alcohol, and the accompanying driver fails or refuses to comply with a demand made on him or her under section 254 of the Criminal Code, the peace officer may direct the novice driver not to drive the vehicle on a highway and shall request the accompanying driver to surrender his or her driver's licence.

†††††††††††† (3)Section 60.5 of the Act is amended by adding immediately after subsection (5) the following:

††††††††† (5.1)Upon a request being made under subsection (2.1) or (3.1), whether or not the accompanying driver surrenders his or her driver's licence to the peace officer, his or her driver's licence or driving privileges are suspended

†††††††††††† (a)for a period of 24 hours from the time the request is made where the peace officer has reasonable grounds to believe that the ability of the accompanying driver is impaired by a drug, or a combination of a drug and alcohol, or where he or she fails or refuses to comply with a demand under section 254; and

†††††††††††† (b)for a period of 90 days beginning on the fourteenth day after the expiry of the 24 hour suspension where the accompanying driver fails or refuses to comply with a demand made on him or her under section 254 of the Criminal Code.

†††††††††††† (4)Subsection 60.5(6) of the Act is amended by striking out the word and figure "subsection (5)" and substituting the words and figures "subsection (5) or (5.1)".

 

††††††† 5. The Act is amended by adding immediately after section 110 the following:

Speed limit in a construction zone

110.1 (1) Except where a lower maximum speed limit is prescribed by this Act, a person shall not drive a vehicle at a greater speed than 60 kilometres an hour in a construction zone.

†††††††††††† (2)Notwithstanding subsection (1), where traffic control devices that are placed on a highway at either end of a construction zone, and facing oncoming traffic, indicates the maximum permissible speed in the construction zone, a person shall not drive a vehicle in the construction zone at a rate of speed greater than the maximum permissible speed indicated by the traffic control devices.

†††††††††††† (3)In this section, "construction zone" means a portion or length of highway

†††††††††††† (a)that is under construction, or where reconstruction, widening, marking, repairs or other work is being done, including installation of, and repairs and modifications to, equipment or facilities on or under the highway; and

†††††††††††† (b)that is identified as a construction zone by traffic control devices that are placed

††††††††††††††††††††† (i)at the beginning and end of the zone, and

†††††††††††††††††††† (ii)facing oncoming traffic.

†††††††††††† (4)A person commits an offence who, contrary to subsection (1) or (2),

†††††††††††† (a)exceeds the speed limit by between 1 and 10 kilometres an hour;

†††††††††††† (b)exceeds the speed limit by between 11 and 20 kilometres an hour;

†††††††††††† (c)exceeds the speed limit by between 21 and 30 kilometres an hour; or

†††††††††††† (d)exceeds the speed limit by 31 kilometres and over.

†††††††††††† (5)Where a person who has been convicted of an offence under paragraph (4)(a), (b), (c) or (d) is convicted within a period of 2 years of an offence under paragraphs (4)(a), (b), (c) or (d), the new offence shall be considered as a second or subsequent offence for the purpose of the imposition of a penalty.

 

††††††† 6. Paragraph 195(1)(u.2) of the Act is repealed and the following substituted:

††††††††† (u.2)provide for screening tests to determine whether or not a driver is dependent upon alcohol or other drugs and, where necessary, completion of an appropriate rehabilitation program before a driver's licence reinstatement for drivers with repeat alcohol-related or drug or drug and alcohol-related suspensions;

 

††††††† 7. The Schedule to the Act is amended by adding immediately after the references to section 110 the following:

 


110.1(4)(a)

Exceeding the speed limit by between 1 and 10 kilometres an hour
Second offence
Subsequent offence

270
450
720

100
270
450

5 days
8 days
12 days

1 day
3 days
5 days

110.1(4)(b)

Exceeding the speed limit by between 11 and 20 kilometres an hour
Second offence
Subsequent offence

300
600
900

200
400
600

5 days
10 days
12 days

2 days
4 days
6 days

110.1(4)(c)

Exceeding the speed limit by between 21 and 30 kilometres an hour
Second offence
Subsequent offence

600
900
1200

400
600
800

10 days
15 days
20 days

4 days
6 days
8 days

110.1(4)(d)

Exceeding the speed limit by 31 kilometres an hour and over
Second offence
Subsequent offence

900
1200
1500

600
800
1000

15 days
20 days
25 days

6 days
8 days
10 days

 

Commencement

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