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Statutes of Newfoundland and Labrador 2011


CHAPTER 18

AN ACT TO AMEND THE HIGHWAY
TRAFFIC ACT

(Assented to May 31, 2011)

Analysis


††††††† 1. S.49 Amdt.
Licence to be signed

††††††† 2. Ss.60.01 to 60.04 Added
60.01 Request for
††††††††† surrender of driverís
††††††††† licence at roadside
60.02 Request for surrender
††††††††† at roadside
60.03 Periods of suspension
60.04 Periods of suspension

††††††† 3. S.60.1 R&S
Surrender of driverís licence required

††††††† 4. S.60.3 Amdt.
Removal of vehicle

††††††† 5. S.60.4 Rep.
Request for surrender of novice driver's licence at roadside


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

RSNL1990 cH-3
as amended

††††††† 1. Subsection 49(4) of the Highway Traffic Act is repealed and the following substituted:

†††††††††††† (4)Subject to subsections (2) and (3), a driver or person having the care or control of a vehicle who surrendered his or her driverís licence and was given notice of a suspension under section 60.01 to 60.04 or 60.1 shall, upon being asked for his or her driverís licence after the suspension period has expired, produce notice of that suspension which shall serve as proof that the person does hold a driverís licence which was suspended and has been reinstated as of the date and time given on the notice.

 

††††††† 2. The Act is amended by adding immediately after section 60 the following:

Request for surrender of driverís licence at roadside

60.01 (1) Where, upon demand of a peace officer made under section 254 of the Criminal Code a

†††††††††††† (a)driver of a motor vehicle;

†††††††††††† (b)person who has care or control of a motor vehicle;

†††††††††††† (c)novice driver of a motor vehicle; or

†††††††††††† (d)novice driver who has care or control of a motor vehicle

provides a sample of his or her 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 blood is an amount referred to in subsection (2), the peace officer shall request the person referred to in paragraph (a), (b), (c) or (d) to surrender his or her driverís licence, and that person shall immediately surrender his or her driverís licence.

†††††††††††† (2)For the purpose of subsection (1), the proportion of alcohol for

†††††††††††† (a)a driver or person who has care or control of a motor vehicle is 50 milligrams or more of alcohol in 100 millilitres of blood; and

†††††††††††† (b)a novice driver or a novice driver who has care or control of a motor vehicle is more than 0 milligrams of alcohol in 100 millilitres of blood.

†††††††††††† (3)Where an analysis of the breath of a person is made under subsection (1) and it indicates that the proportion of alcohol in that personís blood is an amount referred to in subsection (2), the peace officer who made the demand under subsection (1) shall advise the person of his or her right to a further analysis under subsection (4).

†††††††††††† (4)Where an analysis of the breath of a person is made under subsection (1) and indicates that the proportion of alcohol in that personís blood is an amount referred to in subsection (2), the person may require a further analysis to be performed in the manner provided in subsection (5), in which case the result obtained on the second analysis governs and a revocation and suspension resulting from an analysis under subsection (1) continues or terminates accordingly.

†††††††††††† (5)Where, upon demand of a peace officer made under section 254 of the Criminal Code, the

†††††††††††† (a)driver of a motor vehicle;

†††††††††††† (b)person who has care or control of a motor vehicle;

†††††††††††† (c)novice driver of a motor vehicle; or

†††††††††††† (d)novice driver who has care or control of a motor vehicle

provides a sample of his or her breath which, on analysis by an approved instrument as defined in section 254 of the Criminal Code indicates that the proportion of alcohol in his or her blood is more than the amount referred to in subsection (6), the peace officer shall request the person referred to in paragraph (a), (b), (c) or (d) to surrender his or her licence, and that person shall immediately surrender his or her driverís licence.

†††††††††††† (6)For the purpose of subsection (5), the proportion of alcohol for a person referred to in paragraph (5)(a) to (d) shall be the appropriate proportion referred to in subsection (2).

†††††††††††† (7)Where, upon a demand of a peace officer under section 254 of the Criminal Code the

†††††††††††† (a)driver of a motor vehicle;

†††††††††††† (b)person who has care or control of a motor vehicle;

†††††††††††† (c)novice driver of a motor vehicle; or

†††††††††††† (d)novice driver who has care or control of a motor vehicle

fails or refuses to comply with the demand, the peace officer shall request the person referred to in paragraph (a), (b), (c) or (d) to surrender his or her driverís licence, and that person shall immediately surrender his or her driverís licence.

†††††††††††† (8)It shall be presumed, in the absence of evidence to the contrary, that a screening device issued for the purpose of subsection (1) has been calibrated to correctly indicate the proportion of alcohol in a personís blood.

Request for surrender of driverís licence at roadside

60.02 Where a peace officer has reasonable grounds to believe that the ability of a

†††††††††††† (a)driver of a motor vehicle;

†††††††††††† (b)person who has care or control of a motor vehicle;

†††††††††††† (c)novice driver of a motor vehicle; or

†††††††††††† (d)novice driver who has care or control of a motor vehicle

to operate a motor vehicle is impaired by a drug, or a combination of a drug or alcohol, the peace officer shall request the person referred to in paragraph (a), (b), (c) or (d) to surrender his or her driverís licence and that person shall immediately surrender his or her driverís licence.

Periods of suspension

60.03(1) Upon a request being made under subsection 60.01(1) or (5) or section 60.1, 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 60.01(1) or (5) 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 60.01(1) or (5) indicates that the proportion of alcohol in his or her blood is 80 milligrams or more of alcohol in 100 millilitres of blood.

†††††††††††† (2)Upon a request being made under subsection 60.01(7) or section 60.02 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.

†††††††††††† (3)Upon a request being made under subsection 60.01(1), (5) or (7) or section 60.02, 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 60.01(1), (5) or (7) or section 60.02;

†††††††††††† (b)4 months for the second occasion upon which a request is made under subsection 60.01(1), (5) or (7) or section 60.02; and

†††††††††††† (c)6 months for a subsequent occasion upon which a request is made under subsection 60.01(1), (5) or (7) or section 60.02

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)Notwithstanding subsection (3), where a novice driver fails or refuses to provide a sample of his or her breath or the analysis under subsection 60.01(1) or (5) 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 (3) applies.

†††††††††††† (5)Notwithstanding subsection (3), upon a request being made under section 60.02, 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 (3) applies.

Periods of suspension

60.04 (1) Where, upon demand of a peace officer made under section 254 of the Criminal Code

†††††††††††† (a)a driver or a person who has 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 analysis; and

†††††††††††† (b)a novice driver or a novice driver with 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 the period set out in 60.03(3)(a),(b) or (c), whichever is applicable, beginning on the fourteenth day following his or her receipt of a copy of the certificate of analysis and the procedure for reinstatement in 60.03(3) applies.

†††††††††††† (2)Where upon the demand of a peace officer under section 254 of the Criminal Code a

†††††††††††† (a)driver of a motor vehicle;

†††††††††††† (b)person who has care or control of a motor vehicle;

†††††††††††† (c)novice driver of a motor vehicle; or

†††††††††††† (d)novice driver who has 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 (1).

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

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

†††††††††††† (5)Where under section 60.01, 60.02 or 60.1 the driverís licence or driving privileges of a driver or novice driver are suspended, the peace officer who requested the surrender of the driverís licence shall

†††††††††††† (a)keep a record of the driverís licence or driving privileges suspended with the name and address of the driver or novice driver;

†††††††††††† (b) provide the driver or novice driver whose driving privileges are suspended with a notice which shall include the time from which the suspension takes effect, the length of the period during which his or her driverís licence is suspended, if known, and shall indicate that the registrar shall inform the novice driver of when he or she may apply for a driverís licence and that notice shall, where the driver or novice driver surrenders his or her driverís licence, constitute a receipt of that driverís licence; and

†††††††††††† (c)notify the registrar of the suspension of the driverís or novice driverís licence or driving privileges.

†††††††††††† (6)Upon the termination of a 7 day suspension under section 60.03 or this section, the driverís licence shall, if it was surrendered to a peace officer, be returned to the driver at the address shown on the driverís licence or to another address requested by the driver.

 

††††††† 3. Section 60.1 of the Act is repealed and the following substituted:

Surrender of driverís licencerequired

†† 60.1 Where a person is charged with an offence under section 253, 254 or 255 of the Criminal Code, or a procedure is taken pending the laying of a charge to assure the personís attendance in court on the charge, a peace officer shall request a person to surrender his or her driverís licence.

 

††††††† 4. Subsection 60.3(1) of the Act is repealed and the following substituted:

Removal of vehicle

†† 60.3 (1) Where, under sections 60.01 to 60.04 and 60.1, the driver's licence or driving privileges of a driver are suspended, and the motor vehicle which the driver was driving at the time is in a location from which, in the opinion of the peace officer who requested the surrender of the driver's licence or driving privileges, it should be removed, and there is no person with a driver's licence easily available to remove the motor vehicle with the consent of the driver, the peace officer may remove the motor vehicle or cause it to be removed to a nearby area where parking is permitted and notify the driver of its location.

 

††††††† 5. Section 60.4 of the Act is repealed.