This is an official version. Copyright © 2019: Queen's Printer, Important Information
Statutes of Newfoundland and Labrador 2019 1.
S.2 Amdt. 2.
S.43 Amdt. 3. Ss.60.001 to 60.9 R&S 60.1 Request for surrender of driver's licence at roadside 60.2 Periods of suspension 60.3 Periods of suspension – commercial vehicle or taxi 60.4 Periods of suspension – driver under 22 and not a novice driver 60.5 Periods of suspension – novice driver 60.6 Legal use of drug for medical purpose 60.7 Suspensions generally 60.8 Surrender of driver's licence required 60.9 Progressively 60.10 Removal of vehicle 60.11 Screening 60.12 Appeal of 90 day 60.13 Oral hearings 60.14 Decision of registrar 60.15 Appeals generally 4. S.75 Amdt. 5.
S.175 Amdt. 6. Part V.1 Added PART V.1 177.1 Image capturing enforcement system 177.2 Image capturing enforcement system evidence 177.3
Testers 7. S.186 Amdt. 8.
S.210 Amdt. 9. Sch. Amdt. Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: RSNL1990 cH-3 1. Section 2 of the Highway Traffic Act is amended by adding immediately after paragraph (bb.1) the following: (bb.2) "image capturing enforcement system" means an image capturing enforcement system as defined in the regulations; 2. Subsections 43(4) to (7) of the Act are repealed and the following substituted: (4) A person who drives a motor vehicle without a driver's licence in violation of paragraph (1)(b) is guilty of an offence. (4.1) Where a third or subsequent conviction has been entered against a person under subsection (4) for failure to comply with paragraph (1)(b), that person is liable to (a) a fine set out in the Schedule; (b) imprisonment for a term of not more than 30 days; or (c) both a fine and imprisonment. (5) A person who drives a motor vehicle without a driver's licence in violation of paragraph (1)(a) or (c) is guilty of an offence. (5.1) Where (a) a second conviction has been entered against a person under subsection (5) for failure to comply with paragraph (1)(a) or (c) within 2 years of the first conviction, that person is liable to (i) a fine set out in the Schedule, (ii) imprisonment for a term of not more than 30 days, or (iii) both a fine and imprisonment; and (b) a third or subsequent conviction has been entered against a person under subsection (5) for failure to comply with paragraph (1)(a) or (c) within 5 years of the first conviction, that person is liable to (i) a fine set out in the Schedule, (ii) imprisonment for a term of not less than 31 days and not more than 6 months, or (iii) both a fine and imprisonment. (6) A person who drives a motor vehicle in violation of subsection (2) is guilty of an offence. (6.1) Where (a) a second conviction has been entered against a person under subsection (6) for failure to comply with subsection (2) within 2 years of the first conviction, that person is liable to (i) a fine set out in the Schedule, (ii) imprisonment for a term of not more than 30 days, or (iii) both a fine and imprisonment; and (b) a third or subsequent conviction has been entered against a person under subsection (6) for failure to comply with subsection (2) within 5 years of the first conviction, that person is liable to (i) a fine set out in the Schedule, (ii) imprisonment for a term of not less than 31 days and not more than 6 months, or (iii) both a fine and imprisonment. (7) Where a judge imposes sentences of imprisonment under 2 or more of the following provisions: (a) paragraph (5.1)(a); (b) paragraph (5.1)(b); (c) paragraph (6.1)(a); (d) paragraph (6.1)(b); (e) paragraph 75(5.1)(a); or (f) paragraph 75(5.1)(b), the judge may, in his or her discretion, direct that the sentences be served consecutively. 3. Sections 60.001 to 60.9 of the Act are repealed and the following substituted: Request for surrender of driver's licence at roadside 60.1 (1) A peace officer shall request a driver or person who has care or control of a motor vehicle to surrender his or her driver's licence where one or more of the following apply: (a) upon demand of a peace officer made under
section 320.27 or 320.28 of the Criminal
Code the driver or person who has care or control of a motor vehicle fails
or refuses to comply with the demand; (b) a peace officer has reasonable grounds to believe that the ability of the driver or person 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 and alcohol; (c) upon demand of a peace officer made under section 320.27 or 320.28 of the Criminal Code a (i) driver of a commercial motor vehicle or taxi, (ii) person who has care or control of a commercial motor vehicle or taxi, (iii) driver of a motor vehicle who is under 22 years of age and not a novice driver, (iv) person who has care or control of a motor vehicle who is under 22 years of age and not a novice driver, (v) novice driver of a motor vehicle, or (vi) novice driver who has care or control of a motor vehicle provides a sample of a bodily substance which, on analysis by approved drug screening equipment as defined in section 320.11 of the Criminal Code, indicates the presence of a drug in his or her body as prescribed by the regulations; (d) upon demand of a peace officer made under section 320.27 or 320.28 of the Criminal Code, the driver or person 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 320.11 of the Criminal Code, indicates that the proportion of alcohol in his or her blood is (i) greater than 0 milligrams of alcohol in 100 millilitres of blood where the driver or person who has care or control of a motor vehicle is (A) a novice driver of a motor vehicle, (B) a novice driver who has care or control of a motor vehicle, (C) a driver of a motor vehicle who is under 22 years of age, or (D) a person who has care or control of a motor vehicle who is under 22 years of age, or (ii) 50 milligrams or more of alcohol in 100 millilitres of blood, where the driver or person who has care or control of a motor vehicle is 22 years of age or older and not a novice driver; (e) upon demand of a peace officer made under section 320.27 or 320.28 of the Criminal Code, the driver or person 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 320.11 of the Criminal Code, indicates that the proportion of alcohol in his or her blood is (i) greater than 0 milligrams of alcohol in 100 millilitres of blood where the driver or person who has care or control of a motor vehicle is (A) a novice driver of a motor vehicle, (B) a novice driver who has care or control of a motor vehicle, (C) a driver of a motor vehicle who is under 22 years of age, or (D) a person who has care or control of a motor vehicle who is under 22 years of age, or (ii) 50 milligrams or more of alcohol in 100 millilitres of blood, where the driver or person who has care or control of a motor vehicle is 22 years of age or older and not a novice driver. (2) Upon a request being made under subsection (1), the driver or person who has care or control of a motor vehicle shall immediately surrender his or her driver's licence to the peace officer. (3) Where an analysis of the breath of a person is made under paragraph (1)(d) and it indicates that the proportion of alcohol in that person's blood is an amount referred to in that paragraph, 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 paragraph (1)(d) and it indicates that the proportion of alcohol in that person's blood is an amount referred to in that paragraph, the person may require that a further analysis be performed in the manner provided in paragraph (1)(e), in which case the result obtained on the second analysis governs and a revocation and suspension resulting from an analysis under paragraph (1)(d) continues or terminates accordingly. (5) It shall be presumed, in the absence of evidence to the contrary, that (a) approved drug screening equipment issued for the purpose of paragraph (1)(c) has been calibrated to correctly indicate the proportion of drugs in a person's body; and (b) a screening device issued for the purpose of paragraph (1)(d) has been calibrated to correctly indicate the proportion of alcohol in a person's blood. Periods of suspension 60.2 (1) Upon a request being made under paragraph 60.1(1)(a), the driver's licence or driving privileges of the driver or person who has care or control of a motor vehicle are suspended for a period of (a) 7 days from the time the request is made; and (b) 90 days beginning on the fourteenth day after the expiry of the 7 day suspension, where he or she fails or refuses to comply with a demand under section 320.27 or 320.28 of the Criminal Code. (2) Upon a request being made under paragraph
60.1(1)(b), the driver's licence or driving privileges of the driver or person
who has care or control of a motor vehicle are suspended 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 the person who has care or
control of a motor vehicle is impaired by a drug, or a combination of a drug
and alcohol. (3) Upon a request being made under paragraph 60.1(1)(d) or (e) or section 60.8, the driver's licence or driving privileges of the driver or person who has care or control of a motor vehicle are suspended for a period of 7 days from the time the request is made under paragraph 60.1(1)(d) or (e) where the analysis under paragraph 60.1(1)(d) or (e) indicates that the proportion of alcohol in his or her blood is 50 milligrams or more of alcohol in 100 millilitres of blood. (4) Upon a request being made under paragraph 60.1(1)(d) or (e) or section 60.8, the driver's licence or driving privileges of the driver or person who has care or control of a motor vehicle are suspended for a period of 90 days beginning on the fourteenth day following the expiry of the period of suspension under subsection (3) where the analysis under paragraph 60.1(1)(d) or (e) indicates that the proportion of alcohol in his or her blood is 80 milligrams or more of alcohol in 100 millilitres of blood. (5) Where, upon demand of a peace officer made under section 320.27 or 320.28 of the Criminal Code, a driver or person who has care or control of a motor vehicle provides a sample of a bodily substance which on analysis indicates that the proportion of a drug, or a combination of a drug and alcohol, in his or her body or blood at the time the sample was given met or exceeded the proportion of that drug or the combination of that drug and alcohol prescribed by the regulations, his or her driver's licence or driving privileges are suspended for a period of 90 days beginning on the fourteenth day following his or her receipt of a copy of the certificate of analysis. (6) Where, upon demand of a peace officer under section 320.27 or 320.28 of the Criminal Code, 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 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 analysis. (7) Where, upon the demand of a peace officer
under section 320.27 or 320.28 of the Criminal Code, a driver or 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 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 (6). (8) A suspension under this section applies whether or not the driver or person who has care or control of a motor vehicle surrenders his or her driver's licence to the peace officer. (9) This section does not apply to the following persons: (a) a driver of a commercial motor vehicle or taxi; (b) a person who has care or control of a commercial motor vehicle or taxi; (c) a driver of a motor vehicle who is under 22 years of age and not a novice driver; (d) a person who has care or control of a motor vehicle who is under 22 years of age and not a novice driver; (e) a novice driver of a motor vehicle; (f) a novice driver who has care or control of a motor vehicle; or (g) an accompanying driver. Periods of suspension – commercial vehicle or taxi 60.3 (1) Upon a request being made under paragraph 60.1(1)(a), the driver's licence or driving privileges of the driver or person who has care or control of a commercial motor vehicle or taxi are suspended for a period of (a) 7 days from the time the request is made; and (b) 90 days beginning on the fourteenth day after the expiry of the 7 day suspension, where he or she fails or refuses to comply with a demand made under section 320.27 or 320.28 of the Criminal Code. (2) Upon a request being made under paragraph 60.1(1)(b), the driver's licence or driving privileges of the driver or person who has care or control of a commercial motor vehicle or taxi are suspended 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 care or control of a commercial motor vehicle or taxi is impaired by a drug, or a combination of a drug and alcohol. (3) Upon a request being made under paragraph 60.1(1)(c), the driver's licence or driving privileges of the driver or person who has care or control of a commercial motor vehicle or taxi are suspended for a period of 7 days from the time the request is made where the presence of a drug is indicated as prescribed by the regulations. (4) Upon a request being made under paragraph
60.1(1)(d) or (e) or section 60.8, the driver's licence or driving privileges of
the driver or person who has care or control of a commercial motor vehicle or
taxi are suspended for a period of 7 days from the time the request is made
where the analysis under paragraph 60.1(1)(d) or (e) indicates that the
proportion of alcohol in his or her blood is 50 milligrams or more of alcohol
in 100 millilitres of blood. (5) Upon a request being made under paragraph
60.1(1)(d) or (e) or section 60.8, the driver's licence or driving privileges
of the driver or person who has care or control of a commercial motor vehicle or
taxi are suspended for a period of 90 days beginning on the fourteenth day following
the expiry of the period of suspension
under subsection (4) where the analysis under paragraph 60.1(1)(d) or (e)
indicates that the proportion of alcohol in his or her blood is 80 milligrams
or more of alcohol in 100 millilitres of blood. (6) Where, upon demand of a peace officer made under section 320.27 or 320.28 of the Criminal Code, a driver or person who has care or control of a commercial motor vehicle or taxi provides a sample of a bodily substance which on analysis indicates that the proportion of a drug, or a combination of a drug and alcohol, in his or her body or blood at the time the sample was given met or exceeded the proportion of that drug or the combination of that drug and alcohol prescribed by the regulations, his or her driver's licence or driving privileges are suspended for a period of 90 days beginning on the fourteenth day following his or her receipt of a copy of the certificate of analysis. (7) Where, upon demand of a peace officer under section 320.27 or 320.28 of the Criminal Code, a driver or person who has care or control of a commercial motor vehicle or taxi 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 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 analysis. (8) Where, upon the demand of a peace officer
under section 320.27 or 320.28 of the Criminal Code, a driver or person
who has care or control of a commercial motor vehicle or taxi 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 (7). (9) A suspension under this section applies whether
or not the driver or person who has care or control of a commercial motor
vehicle or taxi surrenders his or her driver's licence to the peace officer. Periods of suspension – driver under 22 and not a novice driver 60.4 (1) Upon a request being made under paragraph 60.1(1)(a), the driver's licence or driving privileges of the driver or person who has care or control of a motor vehicle who is under 22 years of age and not a novice driver are suspended for a period of (a) 7 days from the time the request is made; and (b) 90 days beginning on the fourteenth day after the expiry of the 7 day suspension, where he or she fails or refuses to comply with a demand under section 320.27 or 320.28 of the Criminal Code. (2) Upon a request being made under paragraph 60.1(1)(b), the driver's licence or driving privileges of the driver or person who has care or control of a motor vehicle who is under 22 years of age and not a novice driver are suspended 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 care or control of a motor vehicle who is under 22 years of age and not a novice driver is impaired by a drug, or a combination of a drug and alcohol. (3) Upon a request being made under paragraph 60.1(1)(c), the driver's licence or driving privileges of the driver or person who has care or control of a motor vehicle who is under 22 years of age and not a novice driver are suspended for a period of 7 days from the time the request is made where the presence of a drug is indicated as prescribed by the regulations. (4) Upon a request being made under paragraph
60.1(1)(d) or (e) or section 60.8, the driver's licence or driving privileges of
the driver or person who has care or control of a motor vehicle who is under 22
years of age and not a novice driver are suspended for a period of 7 days from
the time the request is made where the analysis under paragraph 60.1(1)(d) or
(e) indicates that the proportion of alcohol in his or her blood is greater
than 0 milligrams of alcohol in 100 millilitres of blood. (5) Upon a request being made under paragraph
60.1(1)(d) or (e) or section 60.8, the driver's licence or driving privileges
of the driver or person who has care or control of a motor vehicle who is under
22 years of age and not a novice driver are suspended for a period of 90 days beginning on the
fourteenth day following the expiry of the period of suspension under
subsection (4) where the analysis under paragraph 60.1(1)(d) or (e) indicates
that the proportion of alcohol in his or her blood is 80 milligrams or more of
alcohol in 100 millilitres of blood. (6) Where, upon demand of a peace officer made under section 320.27 or 320.28 of the Criminal Code, a driver or person who has care or control of a motor vehicle who is under 22 years of age and not a novice driver provides a sample of a bodily substance which on analysis indicates that the proportion of a drug, or a combination of a drug and alcohol, in his or her body or blood at the time the sample was given met or exceeded the proportion of that drug or the combination of that drug and alcohol prescribed by the regulations, his or her driver's licence or driving privileges are suspended for a period of 90 days beginning on the fourteenth day following his or her receipt of a copy of the certificate of analysis. (7) Where, upon demand of a peace officer under section 320.27 or 320.28 of the Criminal Code, a driver or a person who has care or control of a motor vehicle who is under 22 years of age and not a novice 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 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 analysis. (8) Where, upon the demand of a peace officer
under section 320.27 or 320.28 of the Criminal Code, a driver or person
who has care or control of a motor vehicle who is under 22 years of age and not
a novice 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 (7). (9) A suspension under this section applies whether or not the driver or person who has care or control of a motor vehicle who is under 22 years of age and not a novice driver surrenders his or her driver's licence to the peace officer. Periods of suspension – novice driver 60.5 (1) Upon
a request being made under paragraph 60.1(1)(a), the driver's licence or
driving privileges of the novice driver or novice driver who has care or
control of a motor vehicle are suspended for a period of 90 days from the time
the request is made where he or she fails or refuses to comply with a demand
made under section 320.27 or 320.28 of the Criminal
Code. (2) Upon a request being made under subsection 60.1(1)(b), the driver's licence or driving privileges of the novice driver or novice driver who has care or control of a motor vehicle are suspended for a period of (a) 2 months for the first occasion upon which a request is made; (b) 4 months for the second occasion upon which a request is made; and (c) 6 months for a subsequent occasion upon which a request is made, where the peace officer has reasonable grounds to believe that the ability of the novice driver or novice driver who has care or control of a motor vehicle is impaired by a drug, or a combination of a drug and alcohol. (3) Upon a request being made under paragraph 60.1(1)(c), the driver's licence or driving privileges of the novice driver or novice driver who has care or control of a motor vehicle are suspended for the period set out in paragraph (2)(a), (b) or (c), whichever is applicable, from the time the request is made where the presence of a drug is indicated as prescribed by the regulations. (4) Upon a request being made under paragraph
60.1(1)(d) or (e), the driver's licence or driving privileges of the novice driver
or novice driver who has care or control of a motor vehicle are suspended for the
period set out in paragraph (2)(a), (b) or (c), whichever is applicable, from
the time the request is made under paragraph 60.1(1)(d) or (e) where the
analysis under paragraph 60.1(1)(d) or (e) indicates that the proportion of alcohol
in his or her blood is greater than 0 milligrams of alcohol in 100 millilitres
of blood. (5) Upon a request being made under paragraph
60.1(1)(d) or (e), the driver's licence or driving privileges of the novice driver
or novice driver who has care or control of a motor vehicle are, notwithstanding
subsection (4), suspended for a period of 90 days from the time the request is
made where the analysis under paragraph 60.1(1)(d) or (e) indicates that the
proportion of alcohol in his or her blood is 80 milligrams or more of alcohol
in 100 millilitres of blood. (6) Where, upon demand of a peace officer made
under section 320.27 or 320.28 of the Criminal
Code, a novice driver or novice driver who has care or control of a motor
vehicle provides a sample of a bodily substance which on analysis indicates
that the proportion of a drug, or a combination of a drug and alcohol, in his
or her body or blood at the time the sample was given met or exceeded the
proportion of that drug or the combination of that drug and alcohol prescribed
by the regulations, his or her driver's licence or driving privileges are suspended
for a period of 90 days beginning on the fourteenth day following his or her
receipt of a copy of the certificate of analysis. (7) Where, upon demand of a peace officer under section 320.27 or 320.28 of the Criminal Code, a novice driver or a 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 greater than 0 milligrams of alcohol in 100 millilitres of blood, his or her driver's licence or driving privileges are suspended for the period set out in (2)(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. (8) Where upon the demand of a peace officer under section 320.27 or 320.28 of the Criminal Code a novice driver or 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 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 (7). (9) Following the expiry of a suspension under
this section, a novice driver or novice driver who has care or control of a
motor vehicle may apply to the registrar to have his or her driver's licence reinstated
beginning at the start of the level and class of driver's licence held by him
or her at the time when his or her driver's licence was suspended subject to a
fee and in accordance with conditions and requirements which the registrar may
impose upon the licence. (10) A suspension under this section applies whether or not the novice driver or novice driver who has care or control of a motor vehicle surrenders his or her driver's licence to the peace officer. Legal use of drug for medical purpose 60.6 Where a peace officer requests the surrender of the driver's licence under paragraphs 60.1(1)(a), (b) or (c) from a (a) driver of a commercial motor vehicle or taxi; (b) person who has care or control of a commercial motor vehicle or taxi; (c) driver of a motor vehicle who is under 22 years of age and not a novice driver; (d) person who has care or control of a motor vehicle who is under 22 years of age and not a novice driver; (e) novice driver of a motor vehicle; or (f) novice driver who has care or control of a motor vehicle and the peace officer is satisfied that
the person is legally authorized to use a drug for medical purposes, paragraph
60.1(1)(c) does not apply to the person solely on the basis of the presence of
that drug. Suspensions generally 60.7 (1) A 7 day suspension shall be served concurrently with a prior unexpired suspension. (2) A 90 day suspension shall be served concurrently with a suspension under section 65 and consecutively to another unexpired suspension. (3) Where a driver's licence or driving privileges are suspended under section 60.2, 60.3, 60.4, 60.5 or 60.8, the peace officer who requested the surrender of the driver's licence shall (a) keep a record of the driver's licence or driving privileges suspended with the name and address of the driver, novice driver or person or novice driver who has care or control of the motor vehicle; (b) provide the driver, novice driver or person or novice driver who has care or control of the motor vehicle whose driver's licence or driving privileges are suspended with a notice which shall (i) include the time from which the suspension takes effect and the length of the period during which his or her driver's licence is suspended, if known, (ii) indicate that the registrar shall inform the novice driver or novice driver who has care or control of the motor vehicle of when he or she may apply for a driver's licence, and (iii) where the driver, novice driver or person or novice driver who has care or control of the motor vehicle surrenders his or her driver's licence, constitute a receipt of that driver's licence; and (c) notify the registrar of the suspension of the
driver's licence or driving privileges. (4) Upon the termination of a 7 day suspension under subsections 60.2(2), 60.2(3), 60.2(6), 60.3(2), 60.3(3), 60.3(4), 60.3(7), 60.4(2), 60.4(3), 60.4(4) or 60.4(7), the driver's licence shall, if it was surrendered to a peace officer, be returned to the licensee at the address shown on the driver's licence or to another address requested by the licensee. Surrender of driver's licence required 60.8 Where a person is charged with an offence under subsection 320.14(1), (2) or (3) or section 320.15 of the Criminal Code, or a procedure is taken pending the laying of a charge to assure the person's attendance in court on the charge, a peace officer shall request a person to surrender his or her driver's licence. Progressively increased suspensions 60.9 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. Removal of vehicle 60.10 (1) Where, under sections 60.2 to 60.5 and 60.8, 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 who has 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. (2) Where a peace officer requests assistance to remove a motor vehicle under subsection (1), the costs and charges incurred in moving or storing the vehicle, or both, are the responsibility of the driver whose driver's licence or driving privileges have been suspended. Screening accompanying driver 60.11 (1) Where a peace officer has brought a novice driver to a stop under the authority of this Act, and the peace officer reasonably suspects that the accompanying driver has alcohol or drugs in his or her body, the peace officer may demand that the accompanying driver immediately provide a sample of breath or a bodily substance into an approved screening device or approved drug screening equipment as defined in section 320.11 of the Criminal Code as if he or she was the person operating the motor vehicle. (2) A peace officer may direct a novice driver not to drive a motor vehicle on a highway and shall request the accompanying driver to surrender his or her driver's licence where one or more of the following apply: (a) 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 320.11 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; (b) 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; (c) upon demand of a peace officer made under subsection (1), an accompanying driver fails or refuses to provide a sample of a requested bodily substance or provides a sample of a requested bodily substance which on analysis by approved drug screening equipment, as defined in section 320.11 of the Criminal Code, indicates the presence of a drug in his or her body as prescribed by the regulations; (d) analysis of the breath of an accompanying driver under paragraph (2)(a) registers the presence of alcohol as described in that subsection and the peace officer demands that the accompanying driver provide a sample of his or her breath and the accompanying driver provides that sample, which, on analysis by an approved instrument as defined in section 320.11 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; or (e) upon demand of a peace officer made under section 320.27 or 320.28 of the Criminal Code, an accompanying driver fails or refuses to comply with the demand made on that driver. (3) The direction under this section to a novice driver not to drive a motor vehicle on a highway is intended to ensure that novice drivers acquire experience and develop or improve safe driving skills in controlled conditions and to safeguard the licensee and the public and does not constitute an alternative to any proceeding or penalty arising from the same circumstances or around the same time. (4) Upon a request being made under paragraph 2(a)
or (d), the accompanying driver's driver's licence or driving privileges are suspended
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 paragraph
2(a) or (d) indicates that the proportion of alcohol in his or her blood is
greater than 0 milligrams of alcohol in 100 millilitres of blood. (5) Upon a request being made under paragraph
(2)(a) or (d), the accompanying driver's 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 (4) where the
accompanying driver fails or refuses to provide a sample of his or her breath
or where the analysis under paragraph (2)(a) or (d) indicates that the
proportion of alcohol in his or her blood is 80 milligrams or more of alcohol
in 100 millilitres of blood. (6) Upon a request being made under paragraphs (2)(b) and (c), the accompanying driver's driver's licence or driving privileges are suspended for a period of 7 days from the time the request is made where (a) 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 (b) the presence of a drug is indicated as prescribed by the regulations. (7) Upon a request being made under paragraph 2(e), the accompanying driver's driver's licence or driving privileges are suspended for a period of (a) 7 days from the time the request is made; and (b) 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 under section 320.27 or 320.28 of the Criminal
Code. (8) Where, upon demand of a peace officer made under section 320.27 or 320.28 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 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. (9) Where, upon demand of a peace officer made under section 320.27 or 320.28 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 (8). (10) Where, upon demand of a peace officer made under section 320.27 or 320.28 of the Criminal Code, an accompanying driver provides a sample of a bodily substance which on analysis indicates that the proportion of a drug, or a combination of a drug and alcohol, in his or her body or blood at the time the sample was given met or exceeded the proportion of that drug or the combination of that drug and alcohol prescribed by the regulations, his or her driver's licence or driving privileges are suspended for a period of 90 days beginning on the fourteenth day following his or her receipt of a copy of the certificate of analysis. (11) Where an accompanying driver's driver's licence or driving privileges are suspended under subsection (4), (5), (6) or (7), the peace officer who requested the surrender shall (a) provide the accompanying driver whose driver's licence or driving privileges are suspended with a notice which shall (i) include the time from which the suspension takes effect and the length of the period during which his or her driver's licence is suspended, and (ii) where the accompanying driver surrenders his or her licence, constitute a receipt of that driver's licence; (b) notify the registrar of the name of the accompanying driver, his or her address and the details of the suspension; and (c) inform the accompanying driver of how he or she may collect his or her driver's licence after the expiration of the suspension. (12) Where a peace officer requests the surrender of the accompanying driver's licence under this section and the peace officer is satisfied that the accompanying driver is legally authorized to use a drug for medical purposes, paragraph 2(c) does not apply to him or her solely on the basis of the presence of that drug. (13) A suspension under this section applies whether or not the accompanying driver surrenders his or her driver's licence to the peace officer. Appeal of 90 day suspension 60.12 (1) A person whose driver's licence or driving privileges have been suspended for 90 days under section 60.2, 60.3, 60.4, 60.5 or 60.11 may appeal the suspension to the registrar where he or she (a) is not the same person to whom a demand for a sample of his or her breath, blood or bodily substance was made; or (b) failed or refused to comply with a demand for a sample of his or her breath, blood or bodily substance because he or she was unable to do so for medical reasons. (2) A person who wishes to appeal a suspension under subsection (1) shall submit his or her appeal in the prescribed form to the registrar in writing within 30 days of the day the peace officer requested the person to surrender his or her driver's licence. (3) An appeal submitted under subsection (1) shall indicate whether the appeal shall be heard orally or in writing. (4) Where the appeal indicates that the hearing shall be held in writing, the registrar shall, in writing, (a) confirm receipt of the appeal; and (b) specify the deadline before which the person shall submit documents or evidence supporting his or her appeal. (5) Where the appeal indicates that the hearing shall be held orally, the registrar shall, in writing, (a) confirm receipt of the appeal; (b) specify the deadline before which the person shall submit documents or evidence supporting his or her appeal; and (c) specify the date on which the hearing will take place. (6) Where a person appeals a suspension under
paragraph (1)(b), he or she shall submit written evidence signed by a medical
practitioner licensed to practise medicine under the Medical Act, (7) The registrar may extend the deadline for submitting documents and evidence to support an appeal by a maximum of 30 days. (8) A person shall request an extension under subsection (7) in writing to the registrar at least 7 days before the deadline for submitting documents and evidence specified by the registrar under paragraph (4)(b) or (5)(b). (9) An appeal shall be heard within 30 days after the deadline for submitting documents and evidence. Oral hearings 60.13 (1) A person who submits an appeal under section 60.12 may be represented at an oral hearing of that appeal either personally or by legal counsel. (2) The registrar is not required to hold an oral
hearing unless an oral hearing is requested in the appeal submitted under
subsection 60.12(2) and the appeal is under one of the grounds set out in subsection
60.12(1). (3) Notwithstanding a request for an oral hearing,
the registrar may order that the suspension be set aside on the basis of
documents or evidence submitted without holding an oral hearing. Decision of registrar 60.14 (1) The registrar shall confirm or set aside the suspension and provide reasons for his or her decision in writing within 15 business days after the hearing. (2) The registrar may confirm a suspension appealed under paragraph 60.12(1)(b) where the person does not provide evidence under subsection 60.12(6) before the deadline specified by the registrar. (3) Where a suspension is set aside after an appeal, the registrar shall reinstate the person's driver's licence or driving privileges, subject to any other suspension under this Act. (4) The decision of the registrar under subsection
(1) is final and binding. Appeals generally 60.15 (1) A suspension continues to apply notwithstanding the submission of an appeal under section 60.12. (2) The registrar may appoint a person employed in the division to carry out the duties and functions of the registrar under sections 60.12 to 60.14. 4. Subsection 75(5.2) of the Act is repealed and the following substituted: (5.2) Where a judge imposes sentences of imprisonment under 2 or more of the following provisions: (a) paragraph (5.1)(a); (b) paragraph (5.1)(b); (c) paragraph 43(5.1)(a); (d) paragraph 43(5.1)(b); (e) paragraph 43(6.1)(a); or (f) paragraph 43(6.1)(b), the judge may, in his or her discretion, direct that the sentences be served consecutively. 5. Subsection 175(5) of the Act is repealed and the following substituted: (5) A person who (a) does not obey a sign placed or a signal given under paragraph (1)(a); (b) does not obey an order given under paragraph (1)(b) or (c); (c) refuses to have weighed a vehicle which he or she is driving or which is under his or her control or direction; or (d) does not remove the portion of the load of a vehicle that an inspector orders under subsection (3), is guilty of an offence. (5.1) A person referred to in subsection (5) is liable to (a) a fine set out in the Schedule; or (b) both a fine and imprisonment. 6. The Act is amended by adding immediately after section 177 the following: PART V.1 Image capturing enforcement system 177.1 An image capturing enforcement system may be used in accordance with the regulations for enforcing (a) subsections 106(10), (12), (14) and (16); (b) subsection 110(3); (c) subsection 110.1(4); (d) subsection 110.2(4); and (e) subsection 137(1). Image capturing enforcement system evidence 177.2 (1) Where a reproduction of an image obtained through the use of an image capturing enforcement system (a) shows the vehicle and the identification plate number displayed on the vehicle; and (b) displays, or has appended to it, the information prescribed by regulation in relation to the offence, the reproduction and the information appended to it are admissible in evidence. (2) The evidence referred to in subsection (1) is proof of the information shown or displayed on the reproduction or appended to it, in the absence of evidence showing that the image capturing enforcement system from which the reproduction was obtained was malfunctioning or was operated improperly. (3) Subsection (2) only applies where (a) the image capturing enforcement system was tested as required by the regulations; and (b) the testing was conducted within the time period before or after the alleged offence, as set out in the regulations. Testers 177.3 (1) The minister may appoint one or more persons as testers to test image capturing enforcement systems or types of systems. (2) In order to prove the requirements set out in subsection 177.2 (3), a copy of a certificate completed and signed by a tester appointed by the minister, stating (a) that the image capturing enforcement system was tested in accordance with the regulations; (b) the date and time of the testing; and (c) that as a result of the testing conducted, the tester ascertained the system to be in proper working order, is admissible in evidence and is proof of the facts stated in the certificate in the absence of evidence to the contrary. (3) It is not necessary to prove the signature or appointment of a tester who signs a certificate under this section. Offences 177.4 A person shall not (a) operate or tow a vehicle on a highway where the identification plate required to be displayed is obstructed in a manner that prevents or is capable of preventing the identification plate from being accurately captured by an image capturing enforcement system; (b) deface, obliterate or interfere with an image capturing enforcement system or any part of it; or (c) alter or remove or attempt to alter or remove an image capturing enforcement system or any part of it. 7. Subsection 186(1) of the Act is amended by deleting the word "and" at the end of subparagraph 186(1)(i.3)(viii) and adding immediately after that subparagraph the following: (i.4) defining image capturing enforcement systems; (i.5) prescribing sections of the Act for the purposes of paragraph 177.2 (1)(b); (i.6) specifying a test or tests for ascertaining that an image capturing enforcement system is in proper working order and when testing is required to be conducted; and 8. Subsection 210 of the Act is amended by adding immediately after subsection (1.1) the following: (1.2) Notwithstanding subsection (1), where an image capturing enforcement system has been used and a section of the Act referenced in section 177.1 has been violated, the owner of the motor vehicle to which that violation applies may be held responsible for that violation and may incur a penalty arising from that violation. 9. (1) The Schedule to the Act is amended by adding immediately after the row starting with the reference to subsection 174(2) the following:
(2) The Schedule to the Act is amended by adding immediately after the row starting with the reference to section 177 the following:
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