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Statutes of Newfoundland and Labrador 2010


CHAPTER 22

AN ACT TO AMEND THE HIGHWAY
TRAFFIC ACT

(Assented to June 24, 2010)

Analysis


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

††††††† 2. S.60.2 R&S
Progressively increased suspensions

††††††† 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.110 Amdt.
Imprudent driving

††††††† 6.†† S.176.1 R&S
Cellular telephones ††††††††††††††††††††† and other communication devices

††††††† 7. S.201.1 Added
Peace officer may stop vehicles

††††††† 8.†† S.202 Rep.
Power of arrest

††††††† 9.†† Commencement


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

RSNL1990 cH-3
as amended

††††††† 1. (1) Subsections 60.1(9) and (9.1) of the Highway Traffic Act are repealed and the following substituted: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 7 days 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 of alcohol in 100 millilitres of blood; and

†††††††††††† (b)for a period of 90 days commencing on the fourteenth day after the expiration of the 7 day 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.

††††††††† (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 7 days 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 of the Criminal Code; and

†††††††††††† (b)for a period of 90 days beginning on the fourteenth day after the expiry of the 7 day suspension, where the driver fails or refuses to comply with a demand made on him or her under section 254 of the Criminal Code.

†††††††††††† (2)Section 60.1 of the Act is amended by adding immediately after subsection (9.1) the following:

††††††††† (9.2)Where, upon demand of a peace officer made under section 254 of the Criminal Code, the driver of a motor vehicle or the person who has the care or control of a motor vehicle provides a sample of his or her blood which on analysis indicates that the proportion of alcohol in his or her blood at the time the sample was given was 50 milligrams or more of alcohol in 100 millilitres of blood, his or her driverís licence or driving privileges are suspended for a period of 7 days beginning on the fourteenth day following his or her receipt of a copy of the certificate of the analysis.

††††††††† (9.3)Where, upon demand of a peace officer made under section 254 of the Criminal Code, the driver of a motor vehicle or the person who has the care or control of a motor vehicle provides a sample of his or her blood which on analysis indicates that the proportion of alcohol in his or her blood at the time the sample was given was 80 milligrams or more of alcohol in 100 millilitres of blood, his or her driverís licence or driving privileges are suspended for a period of 90 days beginning on the fourteenth day following the expiry of the period of suspension under subsection (9.2).

†††††††††††† (3)Subsection 60.1(10) of the Act is repealed and the following substituted:

†††††††††† (10)A 7 day suspension shall be served concurrently with a prior unexpired suspension.

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

†††††††††† (12)Upon the termination of a 7 day 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.

 

††††††† 2. Subsection 60.2 of the Act is repealed and the following substituted:

Progressively increased suspensions

†† 60.2 The registrar shall suspend the driver's licence or driving privileges of a driver who within 24 consecutive months has incurred a 7 day suspension

†††††††††††† (a)for a second time, for 14 days;

†††††††††††† (b)for a third time, for 2 months;

†††††††††††† (c)for a fourth time, for 4 months; or

†††††††††††† (d)for a fifth or subsequent time, for 6 months.

 

††††††† 3. Section 60.4 of the Act is amended by adding immediately after subsection (6.2) the following:

††††††††† (6.3)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 provides a sample of his or her blood which on analysis indicates that the proportion of alcohol in his or her blood at the time the sample was given was greater than 0 milligrams of alcohol in 100 millilitres of blood, his or her driverís licence or driving privileges are suspended for a period set out in paragraph (6)(a), (b) or (c), whichever is the applicable one, beginning on the fourteenth day following his or her receipt of a copy of the certificate of the analysis and the procedure for reinstatement set out in subsection (6) applies.

††††††††† (6.4)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 provides a sample of his or her blood which on analysis indicates that the proportion of alcohol in his or her blood at the time the sample was given was 80 milligrams or more of alcohol in 100 millilitres of blood, his or her driverís licence or driving privileges are suspended for a period of 90 days beginning on the fourteenth day following the expiry of the period of suspension under subsection (6.3).

 

††††††† 4. (1) Subsection 60.5(2) of the Act is repealed and the following substituted:

†††††††††††† (2)Where, upon demand of a peace officer made under subsection (1), an accompanying driver fails or refuses to provide a sample of breath or provides a sample of breath which on analysis by an approved screening device, as defined in section 254 of the Criminal Code, indicates that the proportion of alcohol in his or her body is greater than 0 milligrams of alcohol in 100 millilitres of blood, the peace officer may direct the novice driver not to drive a motor vehicle on a highway while an accompanying driverís body has greater than 0 milligrams of alcohol in 100 millilitres of blood and shall request that the accompanying driver surrender his or her driverís licence.

†††††††††††† (2)Subsection 60.5(3) of the Act is repealed and the following substituted:

†††††††††††† (3)Where analysis of the breath of an accompanying driver under subsection (2) registers the presence of alcohol as described in that subsection, the peace officer may demand that the accompanying driver provide a sample of his or her breath and where the accompanying driver provides that sample, which, on analysis by an instrument approved as suitable for the purpose of section 254 of the Criminal Code, indicates that the proportion of alcohol in his or her blood is greater than 0 milligrams of alcohol in 100 millilitres of blood, the peace officer may direct the novice driver not to drive a motor vehicle on a highway while an accompanying driverís body has greater than 0 milligrams of alcohol in 100 millilitres of blood, and shall request that the accompanying driver surrender his or her driverís licence.

†††††††††††† (3)Subsection 60.5(3.1) is repealed and the following substituted:

††††††††† (3.1)Where upon demand of a peace officer made under section 254 of the Criminal Code, an accompanying driver fails or refuses to comply with the demand made on that driver, 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.

†††††††††††† (4)Subsections 60.5(5) and (5.1) are 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 7 days 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 greater than 0 milligrams of alcohol in 100 millilitres of blood; and

†††††††††††† (b)for a period of 90 days commencing on the fourteenth day after the expiration of the 7 day 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.

††††††††† (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 7 days 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 of the Criminal Code; and

†††††††††††† (b)for a period of 90 days beginning on the fourteenth day after the expiry of the 7 day 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.

†††††††††††† (5)Section 60.5 of the Act is amended by adding immediately after subsection (5.1) the following:

††††††††† (5.2)Where, upon demand of a peace officer made under section 254 of the Criminal Code, an accompanying driver provides a sample of his or her blood which on analysis indicates that the proportion of alcohol in his or her blood at the time the sample was given was greater than 0 milligrams or more of alcohol in 100 millilitres of blood, his or her driver's licence or driving privileges are suspended for a period of 7 days beginning on the fourteenth day following his or her receipt of a copy of the certificate of the analysis.

††††††††† (5.3)Where, upon demand of a peace officer made under section 254 of the Criminal Code, an accompanying driver provides a sample of his or her blood which on analysis indicates that the proportion of alcohol in his or her blood at the time the sample was given was 80 milligrams or more of alcohol in 100 millilitres of blood, his or her driver's licence or driving privileges are suspended for a period of 90 days beginning on the fourteenth day following the expiry of the period of suspension under subsection (5.2).

†††††††††††† (6)Paragraphs 60.5(6)(c) of the Act is repealed the following substituted:

†††††††††††† (c)inform the accompanying driver of how he or she may collect his or her driver's licence after the expiration of the 7 day suspension.

 

††††††† 5. Section 110 of the Act is amended by adding immediately after subsection (4) the following:

†††††††††††† (5)Where a person commits an offence contrary to subsection (3) by exceeding the speed limit set out in subparagraph (2)(d)(ii), the fine shall be twice the fine that is set out in the Schedule for the offence.

 

††††††† 6. Section 176.1 of the Act is repealed and the following substituted:

Cellular telephones and other communication devices

176.1 (1) A person shall not drive a motor vehicle on a highway while holding, or using a hand-held wireless communication device or other prescribed device that is capable of receiving or transmitting telephone communications, electronic data, email or text messages.

†††††††††††† (2)Notwithstanding subsection, (1), a person may drive a motor vehicle on a highway while using a device described in that subsection in hands-free mode.

†††††††††††† (3)Subsection (1) does not apply to

†††††††††††† (a)the driver of an ambulance, fire department vehicle or police vehicle;

†††††††††††† (b)a peace officer who is driving a motor vehicle in the discharge of his or her duties;

†††††††††††† (c)another prescribed person or class of persons;

†††††††††††† (d)a person holding or using a device prescribed for the purpose of this subsection; or

†††††††††††† (e)a person engaged in a prescribed activity or in prescribed conditions or circumstances.

†††††††††††† (4)Subsection (1) does not apply in respect of the use of

†††††††††††† (a)a device to contact ambulance, police or fire department emergency services; or

†††††††††††† (b)a device that is linked to a non-public shortwave radio communication system.

†††††††††††† (5)Subsection (1) does not apply if

†††††††††††† (a)the motor vehicle is off the roadway and is not in motion; or

†††††††††††† (b)the motor vehicle is lawfully parked on the roadway.

†††††††††††† (6)The Lieutenant-Governor may make regulations,

†††††††††††† (a)prescribing devices for the purpose of subsection (1); or

†††††††††††† (b)prescribing persons, classes of persons, devices, activities, conditions and circumstances for the purpose of subsection (3).

 

††††††† 7. The Act is amended by adding immediately after section 201 the following:

Peace officer may stop vehicles

201.1 (1) A peace officer, in the lawful execution of his or her duties, may require the driver of a motor vehicle to stop, and the driver of the motor vehicle, when signaled or requested to stop by a peace officer who is readily identifiable as such, shall immediately come to a safe stop and remain stopped until permitted by the peace officer to depart.

†††††††††††† (2)A peace officer may, at any time when a driver is stopped,

†††††††††††† (a)require the driver to give his or her name, date of birth and address to the officer;

†††††††††††† (b)require the driver to produce his or her licence, and the vehicle's insurance certificate and registration and another document respecting the motor vehicle that the peace officer considers necessary;

†††††††††††† (c)inspect an item produced under paragraph (b);

†††††††††††† (d)request information from the driver about whether and to what extent the driver consumed alcohol or drugs before or while driving;

†††††††††††† (e)require the driver to go through a field sobriety test;

††††††††††††† (f)request information from the driver about whether and to what extent the driver is experiencing a physical or mental condition that may affect his or her driving ability; and

†††††††††††† (g)inspect the motor vehicle's mechanical condition and request information from the driver about it.

†††††††††††† (3)For the purpose of enforcing a provision of this Act or the regulations, a peace officer may require a vehicle's passenger to give his or her name, date of birth and address to the officer.

†††††††††††† (4)A peace officer is not required to inform a driver or passenger of his or her right to counsel, or to give the driver or passenger the opportunity to consult counsel, before doing anything subsection (2) or (3) authorizes.

†††††††††††† (5)Nothing in this section limits or negates a peace officer's authority to request information from a driver or passenger or to make observations of a driver or passenger that are necessary for the purpose of road safety enforcement.

 

††††††† 8. Section 202 of the Act is repealed.

Commencement

††††††† 9. (1) This Act comes into force on October 1, 2010.

†††††††††††† (2)Notwithstanding subsection (1), section 5 of this Act comes into force on September 1, 2010.