This is an official version.

Copyright 2000: Queen’s Printer,
St. John's, Newfoundland and Labrador, Canada

Important Information
(Includes details about the availability of printed and electronic versions of the Statutes.)

Revised Statutes of Newfoundland 1990


CHAPTER H-3

AN ACT RESPECTING THE LAW RELATING TO THE USE AND OPERATION OF VEHICLES

Analysis

1. Short title

2. Definitions

PART I
ADMINISTRATION

3. Division

4. Appointment of registrar

5. Forms

6. Copies

7. Registrar shall examine applications

8. Service of notice

9. Powers of registrar

PART II
REGISTRATION AND
LICENSING OF
VEHICLES

10. Registration of vehicle required

11. Application for registration

12. Exemption from registration

13. Commercial vehicle

14. Vehicle of non-resident subject to Act

15. Non-application of exemption

16. Registrar to register vehicle

17. Dealer's licence

18. Conditions of licence

19. Prohibited uses

20. Conditions of use of vehicle

21. Service vehicle

22. Private use of vehicle

23. Dealer's plate transferrable

24. Separate record

25. Cancellation of dealer's licence

26. Notice of cancellation

27. Plate must be attached

28. Licence, etc. property of Crown

29. Driver to produce vehicle licence

30. Attachment of plates

31. Plate to be kept clean

32. Other plate

33. Seizure of plate

34. Identification markers

35. Where licence plate, etc. lost

36. Effective term of licence

37. Transfer of ownership

38. Change of address

39. Change of name

40. Record of registration

41. Suspension of registration

42. Offence

PART III
LICENSING OF DRIVERS

43. Driver's licence

44. Examiners

45. Application for licence

46. Registrar shall issue licence

47. Expiry of licence

48. Registrar shall not issue licence

49. Licence to be signed

50. Licence property of Crown

51. Licence issued for class of vehicle

52. Possession of another's licence

53. Driver licensed in another jurisdiction

54. Prohibition

55. Beginner's licence

56. Rental prohibited

57. Licence lost

58. Change of name

59. Offence

60. Seizure of licence

61. Report to registrar

62. National Defence Act (Canada)

63. Suspension or cancellation of driver's licence

64. Suspension or cancellation of driver's licence

65. Suspension or cancellation of driver's licence

66. Suspension or cancellation of driver's licence

67. Concurrent suspensions

68. Suspension or cancellation of driver's licence

69. Commencement of suspension or cancellation

70. Appeal from suspension or cancellation

71. Where licence suspended or cancelled

72. Driver to return licence

73. Wrongful procurement of licence

74. Record of licences issued

PART IV
MOTOR VEHICLE
INSURANCE

75. Uninsured vehicle

76. Financial responsibility

77. Insuring ambulances, etc.

78. Registrar may waive insurance requirement

79. Garage, etc. policy

80. Offence

81. Registrar shall suspend licence

82. Application to judge by judgment creditor

83. Registrar may suspend licence

84. Operating record

85. Board

86. Remuneration of board members

87. Powers of board members

88. Rules of procedure

89. Witnesses

90. Inquiries by single member

91. Powers, etc. of board

92. Appeal

93. Regulations

PART V
RULES OF THE ROAD

94. Application of Part

95. Vehicle to drive to right

96. Overtaking another vehicle

97. Conditions for passing on right

98. Passing vehicle of unusual dimensions

99. Restriction on passing on left

100. Driving to left of center line

101. Driving on a laned roadway

102. "No passing" zones

103. Restriction on vehicle following another

104. Divided roadways

105. Entering controlled-access highway

106. Traffic control devices

107. Erection of other devices prohibited

108. No advertising on device

109. Alteration etc. of device

110. Imprudent driving

111. Slow driving

112. Signalling change of direction, etc.

113. Driver to signal

114. Driver signals

115. Turn at intersection

116. Turning to proceed in opposite direction

117. Restriction on turning

118. Right-of-way

119. Turning left in intersection

120. Driver to yield right-of-way

121. Right-of-way for emergency vehicles

122. Exception to right-of-way

123. Privileges of emergency vehicle

124. Pedestrians to comply with signals

125. Pedestrian in crosswalk

126. Pedestrian to yield

127. Duties of driver

128. Pedestrians to use sidewalks

129. Bicyclists

130. Towing of bicyclists, etc. prohibited

131. Safety zone

132. Railway crossing

133. Stop sign at crossing

134. Crossing tracks

135. Driver caution required

136. "Yield" signs

137. Stopping for school buses

138. When engine and person astride a horse meet

139. Frightening animals

140. Parking on roadway prohibited

141. Parking directions by officer

142. Parking near bus stop

143. Parking on private land

144. Places where parking prohibited

145. Parking on right side

146. Parking in dangerous position

147. Parking where not visible to traffic

148. Parking of vending vans

149. Authority to remove vehicles

150. Unattended vehicle

151. Backing vehicles

152. Operation of motor cycle

153. Motor cycle on highway

154. Motor cycle equipment

155. Window obstruction

156. Obstruction of driver

157. Projecting load

158. Obstruction of traffic by persons

159. Coasting down grade

160. Following emergency vehicle

161. Flagperson

162. Officer may direct traffic

163. Littering highway

164. Driving on sidewalk

165. Opening vehicles' doors

166. Warning devices

167. Winter equipment

168. Racing on highways

169. Accident information

170. Accident involving property

171. Report by peace officer

172. Garage to report accident

173. Admissibility of report

174. Availability of information

175. Inspector may weigh vehicle

176. Radar detectors

177. Offence

PART VI
SEAT BELT SYSTEMS

178. Seat belts

PART VII
TRAFFIC SIGNS AND
DIRECTIONS

179. Traffic signs

180. Identification of sign

181. Application of signs

182. Placing of signs

183. Minister may delegate authority

184. Unauthorized signs

185. Traffic sign

PART VIII
REGULATIONS

186. Regulations

187. Minister may make regulations

188. Police orders

189. Municipal regulations

190. Council's powers

191. St. John's Traffic Commission

192. Corner Brook Traffic Commission

193. Mount Pearl Traffic Commission

194. Regulations re: instructors

195. Regulations respecting equipment

196. Inspection stations

197. Regulations re: Safety Code

PART IX
LEGAL PROCEEDINGS, MISCELLANEOUS
OFFENCES AND
PENALTIES

198. Limitation period

199. Contract void

200. Liability of owner

201. Time limit for prosecution

202. Power of arrest

203. Detention of vehicle

204. Action barred

205. Refusal to give information

206. Offence

207. Second or subsequent offence

208. Penalties in Schedule

209. Late payment penalty

210. Liability of owner for penalties

211. Person presumptive owner of vehicle

212. Disposition of fines

213. Licence suspended

214. New vehicle standards

PART X
APPLICATION

215. Application of Act to "way"

Schedule


Short title

1. This Act may be cited as the Highway Traffic Act.

1988 c33 s1

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Definitions

2. In this Act

(a) "ambulance" means a vehicle designed or used for carrying ill or injured persons for compensation;

(b) "axle" means a single axle which transfers the load carried by it approximately equally to the wheel or wheel attached to each end of the axle;

(c) "axle mass" means the mass indicated when the vehicle is weighed with the rear wheels or with the front wheels on the scales or weighing device or with other wheels on the scales or weighing device where those wheels are mounted on the same axle;

(d) "bank" means a bank to which the Bank Act (Canada) applies;

(e) "bicycle" means a device propelled by human power upon which a person may ride, having 2 wheels in tandem;

(f) "board" means the Driver's Licence Suspension Review Board referred to in this Act;

(g) "bus" means a vehicle designed or used for carrying passengers for compensation, but does not include a motor vehicle designed to carry less than 7 passengers in addition to the driver;

(h) "centre line", except on a one-way roadway, means

(i) the centre of a roadway measured from the curbs or, in the absence of curbs, from the edges of the roadway, or

(ii) where on a laned roadway there are more lanes available for traffic in 1 direction than in the other direction, the line dividing the lanes for traffic in different directions;

(i) "chauffeur" means a person who for compensation drives or operates a motor vehicle whether or not he or she is the owner;

(j) "commercial motor vehicle" means a vehicle designated to carry goods, or to carry more than 6 passengers in addition to the driver, and includes a truck, delivery wagon, hearse, fire engine, traction engine, and other motor vehicles designed for commercial, agricultural or industrial use, but does not include

(i) buses or school buses,

(ii) camper type vehicles designed or adapted exclusively for pleasure or recreational purposes, or

(iii) vehicles designed to carry samples of goods being transported by commercial travellers for display or demonstration purposes and not for the purpose of delivery to purchasers;

(k) "controlled-access highway" means a highway

(i) on to which persons have a right to enter from abutting land, and

(ii) from which persons have a right to enter on to abutting land, only at fixed locations;

(l) "council" means the council or board of trustees established to control and manage a municipality;

(m) "crosswalk" means

(i) a part of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by signs or by lines or other markings on the surface, or

(ii) the part of a roadway at an intersection that is included within the connection of the lateral lines of the sidewalks on the opposite sides of a highway, measured from the curbs or, in the absence of curbs, from the edges of the roadway;

(n) "curb mass" means the actual mass of a motor vehicle when unladen but including the body, battery, loose tools, spare wheels, and other usual equipment and a full supply of water and fuel used for the purpose of propulsion;

(o) "dealer" means a person who, as principal or agent, engages in the business of buying, selling or exchanging new or second hand motor vehicles or trailers;

(p) "dealer's plate" means a plate issued to a dealer to be attached by the dealer to a vehicle that is used for demonstration purposes with a view to the sale of the vehicle;

(q) "department" means the Department of Works, Services and Transportation;

(r) "division" means the Motor Registration Division of the department;

(s) "driver" means a person who drives or is in actual physical control of a vehicle;

(t) "driver's licence" means a licence which has been issued under this Act authorizing the person to whom it is issued to drive a motor vehicle and which has not expired or been suspended or cancelled;

(u) "driveway" means a clearly defined private road, way, drive, path or passage or a similar opening or space which is wide enough, but not wider than is necessary, for the passage of a motor vehicle, which the owner, occupier or user of property has vehicular access from a roadway to a point within the property;

(v) "emergency vehicle" means

(i) a motor vehicle driven by a peace officer or by a member of the police branch of 1 of the Crown's Armed Forces where there is an emergency justifying a rate of speed in excess of a maximum rate of speed provided for in this Act and includes a vehicle so operated by a chief of a volunteer fire department,

(ii) a motor vehicle carrying firefighting equipment in responding to an alarm of fire, and

(iii) an ambulance responding to a call or transporting a patient where there is an emergency justifying a rate of speed in excess of a maximum rate of speed provided for in this Act;

(w) "examiner" means a person appointed under section 44;

(x) "fictitious identification plate or marker" means an identification plate, sticker or marker which has not been issued under this Act or which has not been issued for the registration year in which it is used or which is attached to a vehicle other than that for which it was issued but does not include an identification plate, sticker or marker on a foreign vehicle lawfully operated in the province;

(y) "financial responsibility card" means a card issued to a named insured by an insurer in accordance with section 79;

(z) "garage" means a place or premises where motor vehicles are received for housing, storage or repairs for compensation;

(aa) "highway" means a place or way, including a structure forming part of the place or way, designed and intended for, or used by, the public for the passage of traffic and includes all the space between the boundary lines of the place or way;

(bb) "identification plate" means an identification plate issued under this Act in respect of a vehicle;

(cc) "implement of husbandry" means a vehicle which is designed for use for agricultural purposes and which is used exclusively in the conduct of agricultural operations but does not include a vehicle designed primarily for the transportation of persons or property on a highway;

(dd) "inspector" means a traffic officer or a person appointed under this Act to inspect or examine vehicles or drivers and records pertaining to either;

(ee) "insurer" means a person licensed under the Insurance Companies Act to carry on the business of automobile insurance in the province;

(ff) "intersection" means the area enclosed within the prolongation or connection of the lateral curb lines or, where there are no curb lines, the lateral boundary lines of 2 or more highways that join one another at an angle, whether or not 1 highway crosses the other;

(gg) "issue" includes to renew;

(hh) "laned roadway" means a roadway which is divided into 2 or more clearly marked lanes for vehicular traffic;

(ii) "left" or "left-hand" in reference to a highway or the position of traffic on the highway means the left when facing or moving in the direction of travel;

(jj) "licence" means a licence which has been issued under this Act and which has not expired or been suspended or cancelled;

(kk) "maximum gross mass" or "M.G.M." means, in reference to a commercial motor vehicle, the curb mass together with the load, including the mass of the driver and of other persons carried, and, in reference to a bus or school bus, the curb mass together with the mass of the driver and of the number of passengers for which the vehicle is licensed, and for the purposes of a regulation unless otherwise provided in the regulation, the mass of a person shall be taken as 70 kilograms;

(ll) "minister" means the Minister of Works, Services and Transportation;

(mm) "moped" means a vehicle that

(i) has steering handle bars completely constrained from rotating in relation to the axle of 1 wheel in contact with the ground,

(ii) is designed to travel on not more than 3 wheels in contact with the ground,

(iii) has a maximum attainable speed on level ground, unassisted by operating the pedal system, not exceeding 50 kilometres an hour,

(iv) has pedals by which the vehicle can be propelled by the operator,

(v) has a power source that produces a maximum 1.5 k.w or piston displacement not exceeding 50 cm,

(vi) has a power drive system that does not require clutching or shifting, by the operator, after the drive system is engaged, and

(vii) has a maximum weight of 55 kilograms, excluding fuel or battery used to start engine for vehicle propulsion;

(nn) "motor cycle" means a motor vehicle that

(i) has steering handle bars completely constrained from rotating in relation to the axle of 1 wheel in contact with the ground,

(ii) is designed to travel on not more than 3 wheels in contact with the ground, and

(iii) in the case of a 3 wheel vehicle that

(A) does not have as an integral part of the vehicle an enclosure around the occupant, and

(B) requires the operator to sit astride the vehicle,

but does not include a competition motor cycle, mini bicycle, moped, motor driven bicycle, a passenger car, a truck or a multi-purpose vehicle;

(oo) "motor vehicle" means a vehicle propelled, driven or controlled otherwise than by muscular power, other than a trailer or a vehicle running upon fixed rails;

(pp) "motor vehicle liability insurance card" means a motor vehicle liability insurance card issued under the Automobile Insurance Act;

(qq) "municipality" means

(i) the City of St. John's,

(ii) the City of Corner Brook,

(iii) the City of Mount Pearl, and

(iv) a town, community or region established or continued under the Municipalities Act;

(rr) "non-resident" means a person who is not a resident of the province;

(ss) "official inspection station" means a recognized place of business registered in accordance with the regulations as a facility where inspections and tests on motor vehicles may be carried out;

(tt) "one-way roadway" means a roadway designated and marked by the minister, a traffic authority or a municipality as a roadway upon which vehicles shall be operated in 1 direction only;

(uu) "operator" means a person driving a motor vehicle on a highway or who has the care or control of the motor vehicle on a highway whether in motion or not;

(vv) "owner" means,

(i) the person who holds the legal title to a vehicle,

(ii) in the case of a vehicle that is registered, the person in whose name it is registered,

(iii) in the case of a vehicle that is the subject of a mortgage, the mortgagor if the mortgagor is entitled to possession of the vehicle,

(iv) in the case of a vehicle that is the subject of a hire-purchase agreement, the person in possession of the vehicle under the agreement, or

(v) in the case of a vehicle that is the subject of a conditional sale contract, the buyer under the conditional sale contract if the buyer is entitled to possession of the vehicle;

(ww) "park" means to permit a vehicle, whether occupied or not, to stand otherwise than temporarily for the immediate purpose of and while actually engaged in loading or unloading goods or taking up or setting down passengers or in obedience to traffic regulations or traffic signs or the directions of a traffic officer;

(xx) "peace officer" includes a member of the Royal Newfoundland Constabulary, the Royal Canadian Mounted Police Force stationed in the province, a member of a municipal police force and a park warden appointed under the Public Service Employment Act (Canada) who is stationed in the province;

(yy) "pedestrian" means a person on foot, a handicapped person in a wheelchair or a child in a carriage or a sleigh;

(zz) "permit" means a permit which has been issued under this Act and which has not expired or been suspended or cancelled;

(aaa) "policy" means an owner's or non-owner's motor vehicle liability policy as defined in the Automobile Insurance Act;

(bbb) "proof of financial responsibility" means a certificate of insurance;

(ccc) "registered" means registered under this Act;

(ddd) "registrar" means the Registrar of Motor Vehicles appointed under this Act;

(eee) "registration" means the registration of a motor vehicle or trailer under this Act;

(fff) "regulate" includes govern, control, permit, restrict, prevent, prohibit and exclude and the power to prescribe conditions;

(ggg) "resident" includes a person who

(i) lives in the province for a total of 90 days or longer in a year,

(ii) is employed or engages in an activity for compensation in the province for a total of 30 days or longer in a year,

(iii) is attending school or college in the province, or

(iv) is in the province and whose children attend school or college in the province;

(hhh) "right" or "right-hand" in reference to a highway or the position of traffic on the highway means the right when facing or moving in the direction of travel;

(iii) "right-of-way" means the privilege of the immediate use of the roadway;

(jjj) "roadway" means the portion of a highway that is improved, designed or ordinarily used for vehicular traffic, but does not include the shoulder unless the shoulder is paved, and where a highway includes 2 or more separate roadways the term "roadway" refers to any 1 roadway separately and not to all of the roadways collectively;

(kkk) "safety zone" means an area or space which is set apart within a highway for the exclusive use of pedestrians and which is protected or is so marked or indicated by signs as to be plainly visible at all times while set apart as a safety zone;

(lll) "school bus" means a motor vehicle designed or used to carry more than 6 passengers in addition to the driver owned or operated by or contracted to a school board or an agent of a board for the transportation of children

(i) to or from school, and

(ii) to or from places other than school for the purpose of school related activities;

(mmm) "sidewalk" means that portion of a highway lying between the curb lines or the lateral lines of a roadway and the adjacent property lines set apart for the use of pedestrians and, includes a part of a highway set apart or marked as being for the exclusive use of pedestrians and is considered to include an area of a highway lying between the curb lines or the lateral lines of a roadway and that portion of a highway set apart for the use of pedestrians;

(nnn) "state" means a State in the United States of America and includes the District of Columbia;

(ooo) "stop" means

(i) when required, the complete cessation of movement, and

(ii) when prohibited, any stopping or standing of a vehicle whether occupied or not except when necessary to avoid conflict with other traffic or in compliance with the directions of a traffic officer or traffic-control device or signal;

(ppp) "Superintendent of Insurance" means the Superintendent of Insurance appointed in the manner authorized by law;

(qqq) "taxi" means a motor vehicle other than a bus or a school bus used to transport passengers for compensation;

(rrr) "tire" means that part of a wheel, roller or other contrivance for the moving of an object upon a highway which comes into direct contact with the surface of the highway;

(sss) "traction engine" means a mechanically-propelled vehicle running on wheels or caterpillar tracks and designed primarily for traction purposes and not constructed itself to carry a load other than equipment used for the purpose of propulsion, loose tools and equipment, and includes snow ploughs, road conditioning machines and the like;

(ttt) "traffic" includes vehicles, pedestrians and animals while using a highway for the purpose of travel;

(uuu) "traffic authority" means the St. John's Traffic Commission appointed by the St. John's Municipal Council and the Corner Brook Traffic Commission appointed by the Corner Brook City Council, and includes a council;

(vvv) "traffic-control device" means a traffic sign, traffic-control signal, marking, symbol or device consistent with this Act placed or erected by authority of the minister or a traffic authority for the purpose of regulating, warning or guiding traffic and includes those contained in the Manual of Uniform Traffic Control Devices for Canada;

(www) "traffic-control signal" means a traffic-control device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed;

(xxx) "traffic officer" means a peace officer or person referred to in subsection 9(1);

(yyy) "traffic sign" includes all traffic control signals, warning sign-posts, direction-posts, signs, lines, marks or other devices for the guidance of persons using highways;

(zzz) "trailer" means a vehicle which has no motive power of its own and which is attached to a truck tractor or other motor vehicle upon a highway but does not include

(i) an implement of husbandry temporarily attached to another vehicle, or

(ii) a sidecar attached to a motor cycle;

(aaaa) "transporter" means a person who engages in the business of towing unlicensed vehicles when those vehicles are ordinarily required to be licensed;

(bbbb) "transporter plate" means an identification plate issued from the registrar for the purpose of permitting an unregistered vehicle to be towed over or along a highway where that vehicle is ordinarily required to be registered;

(cccc) "truck" means a motor vehicle that is constructed for or primarily used for the transportation of property;

(dddd) "truck tractor" means a motor vehicle designed and used primarily for drawing another vehicle and not so constructed as to carry a load other than a part of the mass of the vehicle load so drawn;

(eeee) "urban district" means a municipality, village or built-up district;

(ffff) "vehicle" means a device in, upon or by which a person or thing may be transported or drawn upon a highway, but does not include devices used exclusively upon fixed rails; and

(gggg) "vehicle licence" means a licence which has been issued under this Act in respect of a vehicle and which has not expired or been suspended or cancelled.

1988 c33 s2; 1989 c12 s14; 1989 c19 Sch B;
1989 c33 Sch B; 1990 c43 s1

PART I
ADMINISTRATION

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Division

3. The Motor Registration Division is continued.

1988 c33 s3

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Appointment of registrar

4. (1) The Lieutenant-Governor in Council may appoint an officer called the Registrar of Motor Vehicles who shall perform the duties laid down under this or another Act.

(2) The Lieutenant-Governor in Council may appoint an officer called the Deputy Registrar of Motor Vehicles who, in the absence of the registrar or when the office of registrar is vacant, has the powers and shall perform the duties of the registrar.

(3) Unless otherwise provided by the Lieutenant-Governor in Council, where there is no deputy registrar or the deputy registrar is absent, in the absence of the registrar an officer or clerk named by the minister has the powers and shall perform the duties of the registrar.

(4) The Lieutenant-Governor in Council may appoint officers called Deputy Registrars (Local) of Motor Vehicles who may, when in charge of offices of the division outside St. John's, exercise there those powers of the registrar that may be delegated to them by an order of the minister.

1988 c33 s4

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Forms

5. Subject to the approval of the minister, the registrar may prescribe forms for the purpose of this Act.

1988 c33 s5

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Copies

6. (1) Where a copy of a record or of an entry in records kept in the division is required for the purposes of proceedings started or to be started in a court in the province, the registrar, upon the request of a party to those proceedings, shall prepare a copy of the required record or entry and deliver it to a peace officer or to an officer of the court together with a certificate that the copy is a true copy of the record or entry.

(2) A copy of a record or entry attached to or forming part of a certificate given under subsection (1) when purported to be signed by the registrar is, in the absence of evidence to the contrary, proof of the record or entry and shall be received in evidence by a court in the province without proof of the signature of the registrar on the certificate.

(3) The registrar shall not prepare a copy of a record or entry under subsection (1) where, in the opinion of the minister, the production of the record or entry is contrary to public policy.

1988 c33 s6

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Registrar shall examine applications

7. The registrar shall examine and determine the authenticity, regularity and legality of each application made under this Act and may for that purpose

(a) investigate the application or the applicant; and

(b) require additional information from the applicant

and the registrar shall reject the application where he or she is not satisfied with the authenticity, regularity or legality of the application or with the truth of a statement contained in it or for another reason provided for in this Act.

1988 c33 s7

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Service of notice

8. (1) Where the minister or the registrar is authorized or required under this Act or the regulations to give a notice, the notice shall be served

(a) by personal delivery of the notice to the person to be notified; or

(b) by certified or registered prepaid mail or ordinary mail addressed to the person to be notified at the address as shown in the records of the division.

(2) The service of a notice by mail in accordance with subsection (1) is completed

(a) in the City of St. John's upon the expiration of 7 days after the notice was delivered to the post office; and

(b) outside the City of St. John's upon the expiration of 14 days after the notice was delivered to the post office.

(3) Proof of the service of a notice in either manner provided for in subsection (1) may be made by the certificate of an officer or employee of the division or by an affidavit naming the person to whom the notice was given and specifying the time, place and manner of service.

(4) In a prosecution for an offence under this Act or the regulations a document that purports to be a certificate of the registrar that the notice was served in the manner provided in subsection (1)

(a) is admissible in evidence without proof of the signature of the registrar; and

(b) is presumptive proof that the person named in the certificate received notice of the matters referred to in the certificate.

1988 c33 s8

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Powers of registrar

9. (1) The registrar and those officers of the department that the minister may designate as traffic officers have the power

(a) of peace officers for the purpose of enforcing this Act and the regulations;

(b) to make arrests upon view and without warrant for a violation of this Act or the regulations committed in their presence;

(c) to direct traffic in accordance with this Act and the regulations in the event of a fire or other emergency or to expedite the movement of traffic or ensure safety on a highway;

(d) upon reasonable belief that a motor vehicle is being operated contrary to this Act or the regulations, to require the driver of that vehicle to stop and exhibit his or her driver's licence and the licence of the vehicle and to submit to an inspection of the vehicle and the identification plates attached to the vehicle or to an inspection and test of the equipment of the vehicle;

(e) to inspect a motor vehicle in a garage other than a private garage or in a repair shop or a place where motor vehicles are held for sale or wrecking, for the purpose of locating a stolen vehicle or investigating the registration of the motor vehicle;

(f) to serve all warrants relating to the enforcement of this Act and the regulations; and

(g) to investigate traffic accidents and secure the testimony of witnesses or persons involved in the accidents.

(2) Officers referred to in subsection (1) shall when exercising a power under that subsection display a badge of office which the minister shall prescribe and provide.

1988 c33 s9

PART II
REGISTRATION AND LICENSING OF
VEHICLES

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Registration of vehicle required

10. (1) A person shall not operate or, being the owner, allow another person to operate, a motor vehicle on a highway unless

(a) the motor vehicle is registered;

(b) a trailer drawn by the motor vehicle is registered;

(c) there is in effect a vehicle licence, appropriate to the class of vehicle, issued under this Act in respect of the motor vehicle and of a trailer drawn by the motor vehicle; and

(d) there is affixed to the motor vehicle and a trailer drawn by the motor vehicle, in the manner prescribed in this Act or the regulations, valid identification plates, other plates, stickers or markers issued under this Act or the regulations in respect of the motor vehicle and trailer.

(2) On an application for a vehicle licence the applicant shall make a declaration in a form prescribed by the registrar as to whether or not the motor vehicle is insured by a policy and the registrar may require evidence of that policy.

(3) Notwithstanding subsection (1), the registrar may, in order to permit a vehicle which is not licensed or registered to be operated on a highway

(a) for the purpose of being registered;

(b) to be moved from one place to another for repairs or to be inspected before registration;

(c) to be moved from a point of entry into the province to a dealer's premises; or

(d) for another purpose approved by the registrar,

upon receipt of the fee that may be prescribed in the regulations, issue a permit for the operation of the vehicle for the journey specified in the permit subject to those conditions that the registrar may prescribe in the permit respecting the affixing of a temporary marker to the vehicle and the manner of displaying it while the vehicle is on a highway.

1988 c33 s10

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Application for registration

11. (1) The owner of a motor vehicle or trailer shall before it is operated on a highway apply to the registrar for the registration or renewal of registration of the motor vehicle or trailer.

(2) A person who applies for registration or renewal of registration shall apply upon a form prescribed by the registrar and shall sign the application with pen and ink.

(3) An application for registration or renewal of registration of a vehicle owned by a corporation shall be signed on behalf of that corporation by a person who in accordance with the regulations governing the conduct of that corporation is ordinarily empowered to sign documents on behalf of the corporation.

(4) An application for registration shall contain

(a) the name, place of residence and mailing address of the owner of the vehicle or the business address where the owner is a corporation, partnership or association;

(b) a description of the vehicle, including, where the information required under this paragraph is known or available, the make, model, type of body, the manufacturer's serial number or other identifying mark on the vehicle and, if it is new, the date of sale by the dealer to the owner;

(c) in the case of a vehicle designed, constructed, converted or rebuilt for the transportation of persons or property, the maximum gross mass of the vehicle;

(d) where the owner is applying for the 1st time for the registration of the vehicle described in the application, the amount of the purchase price and whether the retail sales tax payable under the Retail Sales Tax Act in respect of the vehicle has been paid; and

(e) whatever other information the registrar may require.

(5) The registrar may prescribe different forms of applications to be used in respect of the registration of different vehicles or classes of vehicles or in respect of the same vehicle or class of vehicles used for different purposes.

(6) Where the manufacturer's serial number or other identifying mark on a vehicle has been obliterated or defaced the registrar shall not register the vehicle until the owner has satisfied the registrar as to the ownership of the vehicle and, if the owner knows it, the reason for the obliteration or defacement and the registrar may permit the owner to cut, impress, emboss or attach permanently to the vehicle a number or mark which afterward is sufficient as an identifying mark for the purposes of paragraph (4)(b).

(7) A person who applies to the registrar for registration shall submit with the application the fees prescribed by the regulations for registration of a vehicle of the class described in the application.

(8) Where a person pays the prescribed fee for registration at a bank the registration is considered to be valid for 30 days from the date of payment of the fee.

(9) An applicant for registration shall, where required by the registrar, file with the registrar an affidavit or statutory declaration verifying the particulars given in the application.

(10) The registrar may, before registering a vehicle, require that it be examined and tested by an inspector or official inspection station to determine whether it is of a construction or in a condition that it may be registered for the purpose for which it is intended or for any purpose and the owner of the vehicle shall, at his or her own expense, facilitate the examination and test and, where required by the inspector or official inspection station, dismantle and expose a part of the mechanism or machinery.

(11) The registrar shall before registering a bus or school bus ascertain in accordance with the regulations the maximum number of passengers which the bus or school bus may carry and enter that number in the record kept in the division in respect of the bus or school bus.

(12) The registrar shall before registering a commercial motor vehicle ascertain in accordance with the regulations the maximum gross mass at which the vehicle may be operated when loaded and enter that mass in the record kept in the division in respect of the commercial motor vehicle.

(13) Where a vehicle in respect of which an application for registration is filed is a specially constructed, reconstructed or foreign vehicle that fact shall be stated in the application and where the foreign vehicle has been previously registered outside the province the owner shall surrender to the registrar a registration plate, permit or licence or other evidence of foreign registration in the owner's possession or control.

(14) In this section "foreign vehicle" means a vehicle of a type required to be registered under this Act and brought into this province from another jurisdiction, other than a new vehicle brought into this province in the ordinary course of business by or through a manufacturer or dealer, and not registered in this province.

1988 c33 s11; 1990 c43 s2

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Exemption from registration

12. (1) A non-resident who owns or operates a passenger vehicle that is registered in a jurisdiction outside the province in which the non-resident lives and which he or she operates for his or her own private use may operate that vehicle in the province without registering it under this Act.

(2) Subsection (1) does not apply to a private passenger vehicle owned or operated by a non-resident

(a) who enters the province with the vehicle to solicit business and who remains in the province for more than 30 days in 1 year or who uses the vehicle to deliver goods in the province;

(b) other than one referred to in paragraph (a) who lives or remains in the province more than 3 months in a year; or

(c) other than one referred to in paragraph (a) who is gainfully employed in the province.

(3) Notwithstanding subsection (2) a person who enters the province to take up residence may operate a vehicle in the province for a period of not longer than 30 days before registering the vehicle as required by this Act.

1988 c33 s12

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Commercial vehicle

13. (1) A commercial motor vehicle owned or operated by or on behalf of a non-resident shall not be operated in the province unless it is registered under this Act.

(2) Subsection (1) does not apply to a commercial motor vehicle registered or licensed in a jurisdiction outside the province that allows commercial motor vehicles registered under this Act to be operated on the highways of that jurisdiction without requiring the registration or licensing of those vehicles in that jurisdiction.

1988 c33 s13

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Vehicle of non-resident subject to Act

14. (1) A vehicle owned or operated by a non-resident in this province is subject to all the restrictions and regulations as to dimensions, equipment and traffic control which apply to a vehicle registered in the province.

(2) A commercial motor vehicle registered in a jurisdiction outside the province shall, while being operated under subsection 13(2), be considered to be registered under this Act at either the maximum gross mass permitted under the laws of the province for that type of vehicle or the maximum gross mass for which it is registered in that jurisdiction, whichever is the lesser.

1988 c33 s14

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Non-application of exemption

15. The exemptions from registration provided for in this Act in respect of non-residents do not apply to a person who operates a commercial motor vehicle for intra-provincial transportation in the province.

1988 c33 s15

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Registrar to register vehicle

16. (1) Subject to the regulations, upon receipt of an application in the prescribed form for the registration of a vehicle and upon being satisfied that

(a) the fees prescribed by the regulations have been paid;

(b) the facts stated in the application are true; and

(c) the provisions of section 11 that apply to the registration of the vehicle have been complied with,

the registrar shall register the vehicle.

(2) The registrar shall issue, in respect of a vehicle that has been registered,

(a) a numbered vehicle licence in a form prescribed by the registrar; and

(b) 1 identification plate in respect of a trailer, motor cycle or vehicle owned by a dealer and 2 identification plates in respect of other vehicles and the identification plates shall be distinctive and numbered in the manner the registrar may determine.

(3) The registrar shall not register a vehicle or a transfer of a vehicle

(a) where the application for registration or transfer contains a false or fraudulent statement;

(b) where the applicant for registration or transfer has failed to provide information required under this Act or the regulations;

(c) where the fees prescribed by the regulations have not been paid;

(d) where the provisions of section 11 that apply to the registration of a vehicle have not been complied with;

(e) where the registrar has reasonable grounds to believe that the vehicle is a stolen vehicle; or

(f) where the registration of the vehicle has been suspended or cancelled in accordance with this Act and the period of suspension or cancellation has not expired.

(4) The registrar may issue different vehicle licences and identification plates in respect of different classes of vehicles or in respect of the same class of vehicle used for different purposes.

(5) The registrar may attach to

(a) a vehicle licence issued in respect of a bus or school bus a condition that the bus or school bus shall not be used to carry at one time a greater number of passengers than the number specified in the licence;

(b) a vehicle licence issued in respect of a commercial motor vehicle a condition that the vehicle shall not be operated when the maximum gross mass of the vehicle when loaded exceeds the mass specified in the licence; and

(c) a vehicle licence issued in respect of a vehicle a condition that the vehicle shall not be operated

(i) except on certain highways or classes of highways or parts of highways specified in the licence, or

(ii) in excess of the maximum speed specified in the licence on certain highways or classes of highways or parts of highways specified in the licence or on a highway,

having regard to the size, mass or construction of the vehicle and the possibility of its being injurious to the highway or of being a source of danger to persons travelling in the vehicle or using the highway or to other vehicles on the highway.

(6) The registrar may issue a temporary permit to operate a vehicle for which application for registration has been made, pending action by the registrar on the application and the registrar may attach to the temporary permit conditions respecting the use and operation of the vehicle.

(7) The registrar may refuse to register a vehicle

(a) where an inspector has certified that the vehicle is of a construction or in a condition which makes it mechanically unfit or unsafe to be operated or moved on a highway or because it may injure the highway or be a source of danger to persons travelling in the vehicle or using the highway or to other vehicles on the highway;

(b) where it appears to the registrar that the vehicle or the use of the vehicle contravenes of this or another Act or the regulations;

(c) where the owner of the vehicle owes money to the Crown on account of an assessment under the Retail Sales Tax Act in respect of the vehicle;

(d) where the owner of the vehicle has been convicted of an offence under this Act or the Criminal Code arising out of the use or operation of that or another vehicle and has not paid the fine or served the term of imprisonment imposed by the convicting court in respect of the offence; or

(e) where a person other than the owner has been convicted of an offence under this Act or the Criminal Code arising out of the use or operation of the vehicle with the consent or knowledge of the owner and has not paid the fine or served the term of imprisonment imposed by the convicting court in respect of the offence.

1988 c33 s16

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Dealer's licence

17. (1) The registrar may issue to a dealer a licence to authorize the use of vehicles that are owned or operated by the dealer and may, in accordance with the regulations issue dealer's plates to be attached to those vehicles.

(2) A dealer shall not transfer or assign a licence issued under this section except with the prior written consent of the registrar.

1988 c33 s17

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Conditions of licence

18. A dealer's licence is valid to authorize the use of a vehicle when used solely or principally in connection with his or her business by the dealer and also in connection with the business of the dealer when the vehicle is being tested or is being moved to effect repairs or to obtain registration, and for its demonstration to a prospective buyer and for the transfer of a vehicle from a point of debarkation or importation.

1988 c33 s18

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Prohibited uses

19. A dealer's licence does not authorize the use of a vehicle for the carriage of persons or goods for compensation.

1988 c33 s19

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Conditions of use of vehicle

20. (1) A vehicle shall not be operated with a dealer's plate attached except

(a) by the dealer or an employee of the dealer; or

(b) for a period not exceeding 3 consecutive days by a person to whom the vehicle has been loaned by the dealer for demonstration purposes with a view to the sale of the vehicle to that person.

(2) Where a bus or school bus or a commercial motor vehicle is being operated for demonstration purposes it shall be accompanied by the dealer or an employee of the dealer.

1988 c33 s20

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Service vehicle

21. A dealer shall not operate or permit to be operated a service vehicle under a dealer's licence or with a dealer's plate attached.

1988 c33 s21

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Private use of vehicle

22. A dealer who has obtained a dealer's licence shall, before using a vehicle for private use or hire, register the vehicle.

1988 c33 s22

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Dealer's plate transferrable

23. (1) A dealer's plate may, during the period for which it is issued, be transferred from one vehicle to another owned or operated by the dealer to whom the plate was issued and the dealer shall keep a written record of a vehicle upon which a dealer's plate is used.

(2) An inspector or person designated by the registrar shall, upon the request of that inspector or person, be given access by the dealer at reasonable times to the record required to be kept under subsection (1), and that inspector or person may copy or take extracts from the record.

1988 c33 s23

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Separate record

24. Vehicles authorized to be used under a dealer's licence shall not be registered but the registrar shall keep a separate record of all dealers' licences issued.

1988 c33 s24

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Cancellation of dealer's licence

25. The registrar may cancel or suspend a dealer's licence for a breach of a provision contained in sections 17 to 24 and the dealer, upon receipt of a request from the registrar, shall return to the registrar the dealer's plates issued to the dealer.

1988 c33 s25

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Notice of cancellation

26. Where the registrar cancels or suspends a dealer's licence, the registrar shall give written notice of the cancellation in writing to the person to whom the licence was issued.

1988 c33 s26

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Plate must be attached

27. A vehicle shall not be operated on a highway under a dealer's licence unless the vehicle bears a dealer's plate issued with the licence and is attached to the vehicle in accordance with this Act.

1988 c33 s27

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Licence, etc. property of Crown

28. (1) Every licence, identification plate, marker and permit that the registrar issues is and remains the property of the Crown and shall be returned to the registrar on his or her request.

(2) Where a person finds an identification plate or vehicle licence that was not issued in respect of a vehicle which that person owns and the period for which the identification plate or vehicle licence was issued has not expired, the finder shall return the plate or licence to the owner of the vehicle where he or she knows the owner or, where he or she does not know or cannot locate the owner, the finder shall deliver the plate or licence to the registrar or the nearest traffic officer.

(3) A traffic officer who receives an identification plate or vehicle licence under subsection (2) may deliver the plate or licence to a person who, the traffic officer is satisfied, is the owner of the vehicle for which the plate or licence was issued or shall, within 24 hours, notify the registrar who may issue to the traffic officer instructions respecting the disposal of the plate or licence.

1988 c33 s28

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Driver to produce vehicle licence

29. A driver, owner or person having the care and control of a vehicle shall produce the vehicle licence issued for the vehicle for inspection when a peace officer or inspector so requests.

1988 c33 s29

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Attachment of plates

30. A driver, owner or person having the care and control of a vehicle shall insure that identification plates are securely fastened at all times to the vehicle for which they are issued so as to prevent the plates from swinging and are at a height of not less than 30 centimetres from the ground measured from the bottom of each plate and in a place and position that in the case of

(a) a motor cycle, the plate is clearly visible from the rear;

(b) a vehicle owned by a dealer, the dealer's plate is clearly visible from the rear;

(c) a trailer, the plate is clearly visible from the rear; and

(d) a vehicle, other than one referred to in paragraphs (a) to (c), the front plate is clearly visible from the front and the rear plate from the rear.

1988 c33 s30

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Plate to be kept clean

31. Each identification plate shall be kept free from dirt and shall be so affixed and maintained that the numbers on it may at all times be plainly visible and clearly legible and that the view of the plate shall not be obstructed or obscured.

1988 c33 s31

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Other plate

32. A plate or number capable of being confused with an identification plate or the number on a plate shall not be exposed upon a part of a vehicle.

1988 c33 s32

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Seizure of plate

33. A traffic officer, who has reason to suspect that a vehicle has exposed on it an identification plate that was not issued for it or which although issued for it was obtained by false pretences or that is being used contrary to this Act or the regulations, may take possession of the identification plate and retain it until the facts as to the carrying of the plate have been determined.

1988 c33 s33

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Identification markers

34. (1) The registrar may issue

(a) 1 identification plate and 1 marker; or

(b) 2 markers,

instead of or in addition to the identification plates referred to in section 16, and the registrar may issue

(c) the other plates or markers or both that may be prescribed in regulations made under section 195, in addition to the identification plates referred to in section 16 or the identification plate and marker or the markers referred to in paragraphs (a) and (b).

(2) Where the registrar issues

(a) the plate and marker referred to in paragraph (1)(a), the plate shall be displayed upon the rear of the vehicle and the marker on the windshield of the vehicle, and both shall be displayed in a manner that the words, figures or symbols on them are legible, the former from the rear and the latter from the front;

(b) the markers referred to in paragraph (1)(b), 1 of them shall be displayed on the rear window of the vehicle and the other on the windshield of the vehicle, and both shall be displayed in a manner that the words, figures or symbols on them are legible, the former from the rear and the latter from the front; or

(c) other plates or markers or both referred to in paragraph (1)(c), they shall be displayed on the vehicle in the manner that may be prescribed in the regulations.

(3) A marker issued under paragraph (1)(a) or (b) shall be considered to be an identification plate for the purpose of this Act and the regulations, and the provisions of sections 28, 31, 33, 35, 36, 40, 42 and 186 of this Act relating to identification plates shall apply, with the necessary changes to and in respect of the other plates and markers referred to in paragraph (1)(c) of this section.

(4) The display of markers or plates on vehicles in accordance with this section, and the display of markers or plates on vehicles in accordance with subsection (3) and the regulations shall be considered to be a sufficient compliance for all purposes with this Act and the regulations.

1988 c33 s34

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Where licence plate, etc. lost

35. Where a vehicle licence, identification plate, marker or permit issued in respect of a vehicle is lost or becomes mutilated or illegible, the owner of the vehicle shall notify the registrar who may, on payment of the fee prescribed by the regulations, issue a duplicate or substitute a new licence, identification plate, marker or permit.

1988 c33 s35

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Effective term of licence

36. A licence, identification plate, marker or permit that is issued or validated under this Act or the regulations is in force during the period of time prescribed.

1988 c33 s36

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Transfer of ownership

37. Where there is a sale or other transfer of ownership of a registered vehicle, the transferor and the transferee shall by written notice in the form that the registrar prescribes notify the registrar of the transfer within 10 days after the transfer takes place.

1988 c33 s37

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Change of address

38. Where an owner of a licensed vehicle changes his or her address a notice of that change of address shall be given to the registrar within 10 days of the change.

1988 c33 s38

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Change of name

39. Where the name of a person who has applied for or obtained registration of a vehicle is afterward changed by marriage or otherwise that person shall within 10 days notify the registrar of the change, giving the former name and new name.

1988 c33 s39

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Record of registration

40. (1) The registrar shall keep a record of the registration of vehicles that shall include

(a) the name and address of each person in whose name a vehicle is registered;

(b) the number of each vehicle licence and identification plate issued, the name and address of the person in whose name each is issued and a description of the vehicle in respect of which it is issued;

(c) a record of each registration that has been suspended or cancelled; and

(d) other information that the registrar may receive about the vehicle and the owner.

(2) The registrar may exchange on a reciprocal basis with similar officials in other jurisdictions information contained in records kept under this section.

1988 c33 s40

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Suspension of registration

41. (1) The registrar may suspend or cancel the registration of a vehicle

(a) upon finding that false information was contained in the application for registration;

(b) where a cheque taken by the division in payment of the required fee for the issuing of a vehicle licence is returned to the division because of the non-acceptance of the cheque by a bank or other financial institution;

(c) under the circumstances referred to in subsection 16(7);

(d) where the registrar is informed that no policy is in effect with respect to the vehicle; or

(e) where the vehicle has been dismantled or wrecked.

(2) The registrar shall notify the owner of a vehicle when the registration of that vehicle is suspended or cancelled and the owner shall immediately return to the registrar the vehicle licence and identification plates of the vehicle and where the vehicle licence and identification plates are not returned the registrar may instruct an inspector or a traffic officer to take possession of the licence and plates and deliver them to the registrar.

(3) A person who dismantles, scraps or destroys or buys for scrap a vehicle in respect of which there exists a valid vehicle licence shall deliver to the registrar the identification plates and vehicle licence of that vehicle and inform the registrar that the vehicle has been or is to be dismantled, scrapped or destroyed and on receipt of the plates and licence or of the information, the registrar shall cancel the registration of the vehicle.

1988 c33 s41

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Offence

42. A person is guilty of an offence who

(a) contrary to

(i) paragraph 10(1)(a), (b) or (c) operates or, being the owner of the vehicle, allows another person to operate on a highway a vehicle having a maximum gross mass

(A) not in excess of 4,500 kilograms,

(B) exceeding 4,500 kilograms but not exceeding 10,900 kilograms, or

(C) exceeding 10,900 kilograms, or

(ii) paragraph 10(1)(d) or section 27, operates or, being the owner of the vehicle, allows another person to operate a vehicle on a highway,

and a reference in this paragraph to a vehicle means, in the case of a combination of vehicles, each vehicle comprising the combination;

(b) defaces or alters a vehicle licence or an identification plate or marker required to be affixed to a vehicle;

(c) uses or permits the use of a vehicle bearing an identification plate or marker, required in respect of the vehicle, that is mutilated, defaced or altered;

(d) without the authority of the owner removes from a vehicle an identification plate or marker required in respect of the vehicle;

(e) uses or permits the use of an identification plate or marker upon a motor vehicle other than the plate or marker issued for the vehicle under this Act or the regulations;

(f) uses or permits the use of a marker or number or plate upon a motor vehicle capable of being confused with the identification plate or marker of the vehicle issued or prescribed for the vehicle;

(g) being the owner or having the custody of a vehicle in respect of which the licence is suspended or cancelled under this Act refuses or fails to surrender the identification plates to the registrar or to a traffic officer or inspector requesting them;

(h) gives a false name or address in an application under this Part or makes a false statement or conceals a material fact in the application or in a statement made or in giving information to the registrar for a purpose in connection with this Part;

(i) after the registration of a vehicle is suspended or cancelled and during the period of suspension or before the vehicle may be registered, applies for or obtains registration of the vehicle or has possession of a vehicle licence for the vehicle;

(j) uses or permits the use of a fictitious identification plate or marker on a vehicle; or

(k) being required by subsection 41(3) to deliver to the registrar identification plates and vehicle licence of a vehicle or to give information to the registrar, fails to do so.

1988 c33 s42

PART III
LICENSING OF DRIVERS

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Driver's licence

43. (1) A person shall not operate upon a highway a motor vehicle or a class of motor vehicle, unless that person holds a driver's licence that

(a) has been issued to that person:

(b) authorizes that person to operate that motor vehicle or that class of motor vehicle; and

(c) has not expired or been suspended or cancelled or that is not invalid.

(2) Notwithstanding subsection (1), a person who, under this Act, is taking a driver's examination for the purpose of obtaining a licence to operate a motor vehicle or class of motor vehicle may, for the purpose of the examination, drive an appropriate motor vehicle upon a highway when accompanied by an examiner.

(3) A person who drives a motor vehicle without a driver's licence in violation of subsection (1) is guilty of an offence and is liable

(a) in the case of a 1st offence to a fine of $50;

(b) in the case of a 2nd offence to a fine of not less than $100 and not more than $200; and

(c) in the case of a 3rd and subsequent offence to a fine of not less than $300 and not more than $500 or to imprisonment for a term of not more than 30 days, or to both a fine and imprisonment.

1988 c33 s43

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Examiners

44. The registrar may appoint examiners to examine applicants for a driver's licence to determine whether they are competent to operate a motor vehicle or a class of vehicle.

1988 c33 s44

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Application for licence

45. (1) A person who applies for a driver's licence or renewal of a driver's licence shall apply upon a form, prescribed by the registrar and shall sign the application in his or her own handwriting with a pen.

(2) An application for a driver's licence or renewal shall contain

(a) the name, place of residence and the mailing address of the applicant; and

(b) the other information that the registrar may require.

(3) The registrar may prescribe different forms of applications to be used in applying for different classes of drivers' licences.

(4) A person who applies for a driver's licence shall submit with the application the fee prescribed by the regulations for the issue of a driver's licence of that class.

(5) An applicant for a driver's licence shall, where required by the registrar, file with the registrar an affidavit or statutory declaration verifying the particulars given in the application.

(6) The registrar may before issuing a driver's licence or at a time after issuing the licence to a person require that person

(a) to produce a birth certificate or other proof of age satisfactory to the registrar;

(b) to undergo a medical examination and produce a certificate of the examination in the form that the registrar may prescribe to determine whether that person is physically and mentally competent to operate a motor vehicle or a class of motor vehicle; and

(c) to take the oral, written or other examination that the registrar may authorize or direct to determine whether that person is, in the opinion of the registrar or the examiner, competent to operate a motor vehicle or a class of motor vehicle.

(7) A person shall not apply on behalf of another person for a driver's licence or renewal of a driver's licence.

(8) A person who has been refused a driver's licence and who applies for a driver's licence without disclosing the fact of the previous refusal is guilty of an offence and where that person obtains a driver's licence without having disclosed that fact the licence so obtained is not a valid driver's licence.

1988 c33 s45

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Registrar shall issue licence

46. (1) Subject to the regulations, upon receipt of an application in the prescribed form for the issue of a driver's licence to operate upon a highway a motor vehicle, or class of vehicle and, where required, upon compliance of the applicant with subsections 45(4), (5) and (6) and upon being satisfied that

(a) the facts stated in the application are true; and

(b) on the basis of the medical examination undergone under paragraph 45(6)(b) and of the examination taken under paragraph 45(6)(c), the applicant is competent to operate upon a highway a motor vehicle or the applicable class of vehicle,

the registrar shall issue to the applicant a numbered driver's licence in a form prescribed by the registrar authorizing the holder of the licence to operate upon a highway, subject to this Act and the regulations, the motor vehicle, or the class of vehicle, specified in the licence.

(2) The registrar may in a driver's licence authorize the holder of the licence to drive more than 1 class of vehicle or to drive a vehicle for more than 1 purpose.

(3) The registrar may, in a driver's licence restrict the holder of the licence

(a) to driving only the class of vehicle specified in the licence;

(b) to driving a vehicle only under the conditions or for the purposes specified in the licence; or

(c) to driving a vehicle as an employee of another person.

1988 c33 s46

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Expiry of licence

47. (1) A driver's licence shall expire on the date shown on the licence.

(2) The expiry date of each licence shall be shown on the licence.

(3) Notwithstanding subsections (1) and (2), where a person pays the prescribed fee for a driver's licence at a bank the driver's licence is considered to be valid for 30 days from the date of payment of the fee.

1988 c33 s47; 1990 c43 s3

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Registrar shall not issue licence

48. (1) The registrar shall not issue a driver's licence

(a) for the operation of a motor vehicle other than a motor cycle to a person who is under the age of 17 years or the greater age that may be prescribed by the regulations;

(b) for the operation of a motor cycle to a person who is under the age of 16 years;

(c) to a person whose application contains a false or fraudulent statement;

(d) to a person who has failed to provide information required under this Act;

(e) where the fees prescribed by the regulations for the issue of the driver's licence have not been paid;

(f) for the operation of a motor vehicle to a person where, on the basis of a medical examination undergone under paragraph 45(6)(b) or of an examination taken under paragraph 45(6)(c), the registrar is of the opinion that that person is not competent to operate the motor vehicle;

(g) to a person whom the registrar considers to be an habitual drunkard or an addict to narcotic or other drugs;

(h) to a person whose driver's licence has been suspended or cancelled in accordance with this Act and the period of suspension or cancellation has not expired;

(i) to a person whose driver's licence issued under the laws of a jurisdiction outside the province has to the registrar's knowledge been suspended or cancelled in accordance with the laws of that jurisdiction and the period of suspension or cancellation has not expired;

(j) to a person who has been disqualified under this Act from holding or obtaining a driver's licence or who to the registrar's knowledge has under the laws of a jurisdiction outside the province been

(i) disqualified or prohibited from driving a vehicle of the class for which that person has applied for a driver's licence under this Act, or

(ii) disqualified or prohibited from holding a driver's licence to operate the class of vehicle for which that person has applied under this Act, and the disqualification or prohibition has not been lifted or the period of disqualification or prohibition has not expired;

(k) to a person who owes money to the Crown on account of an assessment under the Retail Sales Tax Act in respect of a vehicle;

(l) to a person who has been convicted of an offence under this Act or the Criminal Code arising out of the use or operation of a vehicle and has not paid the fine or served the term of imprisonment imposed by the convicting court in respect of the offence;

(m) to a person who owns a vehicle used or operated with the owner's consent by another person who has been convicted of an offence under this Act or the Criminal Code arising out of the use or operation of that vehicle and who has not paid the fine or served the term of imprisonment imposed by the convicting court in respect of the offence; or

(n) to a person whose record, in the opinion of the registrar, makes him or her unsuitable to hold a licence and in forming that opinion the registrar may consider

(i) the physical or mental condition or history of the applicant,

(ii) the applicant's accident record, and

(iii) the applicant's record in this province or elsewhere in respect of offences arising out of the use or operation of a motor vehicle or in the commission of which a motor vehicle was used.

(2) A driver's licence that is issued to a person contrary to subsection (1) or before the registrar has knowledge of the matter referred to in that subsection is invalid and does not become valid where the person later becomes qualified to hold a driver's licence.

(3) A person shall not be entitled to a return of a fee or a portion of a fee where a licence is issued to a person contrary to subsection (1).

1988 c33 s48

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Licence to be signed

49. (1) A person to whom a driver's licence is issued shall write his or her usual signature with a pen in the space provided for that purpose on the licence immediately upon receipt of the licence, and the licence is not valid until it is so signed.

(2) A holder of a driver's licence shall, when driving a motor vehicle produce that licence when requested to do so by a traffic officer.

(3) The production of a driver's licence at a police station within 48 hours after a request is made under subsection (2) is sufficient production of the licence for the purpose of that subsection.

1988 c33 s49

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Licence property of Crown

50. (1) Each driver's licence that the registrar issues is and remains the property of the Crown and shall be returned to the registrar on the request of the registrar.

(2) A finder of a valid driver's shall return the licence to the person to whom the licence was issued where the finder knows that person or, where the finder does not know or cannot locate that person, he or she shall deliver the licence to the registrar or the nearest traffic officer.

(3) A traffic officer who receives a driver's licence under subsection (2) may deliver it to the person to whom it was issued where the traffic officer is satisfied as to the identity of that person or shall notify the registrar who may issue to the traffic officer instructions respecting the disposal of the licence.

1988 c33 s50

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Licence issued for class of vehicle

51. A driver's licence is not valid to authorize the holder of it to drive other than the class of vehicles specified in the licence but the registrar may by endorsement on the licence authorize the holder to drive the other classes of vehicles that the registrar specifies in the endorsement.

1988 c33 s51

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Possession of another's licence

52. A person who has possession of a driver's licence issued to another person shall not hold himself or herself out to be that other person or drive or attempt to drive a motor vehicle under the authority of that driver's licence.

1988 c33 s52

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Driver licensed in another jurisdiction

53. (1) A person 17 years or age or over who holds and possesses a valid and existing driver's licence that has been issued to that person under the laws of a jurisdiction outside the province and who has not been prohibited from driving under the laws of that or another jurisdiction or of the province may, without examination or a driver's licence issued under this Act but subject to a limitation or restriction in the licence that that person holds, drive in the province, for a period of not more than 3 months from the date of his or her coming or returning to the province, a vehicle of the class that that person is authorized to drive under the licence he or she holds.

(2) A person of the age of 16 years or over who holds and has in his or her immediate possession a valid and existing licence to drive a motor cycle that has been issued to that person under the laws of a jurisdiction outside the province and who has not been prohibited from driving a motor cycle under the laws of that or another jurisdiction may, without examination or a driver's licence issued under this Act but subject to a limitation or restriction in the licence which he or she holds, drive a motor cycle in the province for a period of not more than 3 months from the date of coming or returning to the province.

1988 c33 s53

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Prohibition

54. A person shall not employ, authorize or permit another person to drive a motor vehicle owned by that person or under that person's control upon a highway unless that other person is authorized under this Act to drive that motor vehicle.

1988 c33 s54

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Beginner's licence

55. (1) The registrar may, upon receiving from a person who is not younger than 17 years of age an application for a beginner's licence and upon receipt of the fee that may be prescribed in the regulations, issue to that person a beginner's licence entitling him or her, while having the licence in his or her immediate possession, to drive upon a highway, for the purpose of receiving instruction in driving, a motor vehicle or specified class of motor vehicle, for a period shown on the licence, under the direction of a licensed driver, not being a licensed beginner, present in the vehicle and sitting next to the licensed beginner.

(2) Where a licensed beginner is driving under authorized instruction, no person other than the licensed driver who is giving instruction shall be with the beginner in the vehicle.

(3) The registrar may upon receiving from a person who is not younger than 16 years of age an application for a beginner's licence to operate a motor cycle and upon receipt of the fee that may be prescribed in the regulations, issue to that person a beginner's licence to operate a motor cycle entitling him or her, while having the licence in his or her immediate possession, to drive upon a highway, for the purpose of receiving instructions in driving a motor cycle for a period shown on the licence in accordance with the conditions set out in subsection (4).

(4) The holder of a beginner's licence to operate a motor cycle shall

(a) have completed the necessary oral, written or other examination that the registrar may authorize or direct to determine whether that person is, in the opinion of the registrar or the examiner, competent to operate a motor cycle upon a highway as a learner;

(b) not carry a passenger on the motor cycle except as specified in paragraph (c);

(c) be accompanied on the motor cycle operated by the beginner or in or on another vehicle by a person who

(i) holds a valid motor cycle driver's licence, and

(ii) is not younger than 18 years of age;

(d) operate the motor cycle during daylight hours only;

(e) not operate the motor cycle on a highway with a speed limit in excess of 60 kilometres an hour; and

(f) satisfy the other requirements set out in section 45.

(5) Before the expiration of a beginner's licence the licensed beginner may apply to an examiner for an examination to determine whether he or she is, in the opinion of the examiner, competent to operate a motor vehicle or class of vehicle upon a highway.

(6) Where a person has applied to an examination centre for the purpose of determining whether he or she is competent to operate upon a highway a motor vehicle or class of vehicle, and where the examiner at the examination centre is not satisfied that the person is competent to operate upon a highway the motor vehicle or the class of vehicle, that person shall not, except with the consent of the registrar, apply to another examination centre for the examination.

(7) A licensed driver who occupies a motor vehicle operated by a licensed beginner upon a highway, and who fails on request of a traffic officer to produce his or her driver's licence then and there for the officer's inspection is guilty of an offence.

(8) A person who occupies a motor vehicle while it is being operated by a licensed beginner and who directly or indirectly pretends that he or she is a licensed driver but who is not so licensed is guilty of an offence.

(9) A licensed beginner shall not lend to or permit the use of, by another person, a beginner's licence issued to that licensed beginner.

(10) The minister may make regulations varying the provisions of this section with respect to persons generally or to a specified class of persons, upon those terms and conditions that may be prescribed in the regulations, so as to

(a) permit driving, under instruction, by a person not younger than 15 years of age who does not have a driver's licence;

(b) permit other persons not younger than 15 years of age to a stated number to be present in the vehicle when a person who does not have a driver's licence is driving under instruction in accordance with this Act and the regulations; and

(c) regulate generally all matters relating to instruction in driving.

1988 c33 s55

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Rental prohibited

56. (1) A person shall not rent a motor vehicle to a person who does not hold a valid and existing driver's licence issued under this Act or the laws of a jurisdiction outside the province.

(2) Notwithstanding subsection (1), a person shall not rent a motor vehicle to a person who is not authorized under this Act to drive it.

(3) A person shall not rent a motor vehicle to another person unless he or she has inspected the driver's licence of that other person and compared and verified the signature on the licence with the signature of that other person written in his or her presence.

(4) A person who rents a motor vehicle to other persons shall keep a record which shall show

(a) the registration number of the motor vehicle;

(b) the name, permanent address and temporary address of each person to whom the motor vehicle is rented; and

(c) the number of the driver's licence held by each person to whom the motor vehicle is rented and the date and place of issue of the licence, and the record shall be open to inspection by a traffic officer or inspector.

1988 c33 s56

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Licence lost

57. Where the driver's licence of a person is lost or becomes mutilated or illegible, the person to whom the licence was issued shall notify the registrar who may, on payment of the fee prescribed by the regulations, issue a duplicate or substitute a new licence.

1988 c33 s57

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Change of name

58. The holder of a driver's licence who changes his or her name or address or both shall within 10 days notify the registrar in writing of the change.

1988 c33 s58

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Offence

59. (1) A person is guilty of an offence who

(a) defaces or alters a driver's licence or displays or permits to be displayed or possesses a driver's licence which is fictitious or has been defaced, altered, cancelled or suspended;

(b) lends to or permits the use of by another of a driver's licence issued to the person so lending or permitting the use of the licence;

(c) displays or represents as the person's own a driver's licence not issued to that person;

(d) fails or refuses to surrender to the registrar or to a traffic officer or inspector upon demand a driver's licence which has been suspended or cancelled; or

(e) gives a false or fictitious name or gives a false address in an application for a driver's licence or for a renewal or duplicate of a licence or makes a false statement or conceals a material fact in the application or in a statement made or in giving information to the registrar for a purpose in connection with this Part.

(2) A peace officer who, in the course of carrying out his or her duties as a peace officer, displays or has possession of a fictitious driver's licence does not commit an offence contrary to subsection (1).

1988 c33 s59

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Seizure of licence

60. Where a person is charged under this Act or the regulations or under the Criminal Code arising out of the operation of a motor vehicle, the driver's licence shall, where the court before whom the person is charged so directs and after a hearing where it is determined that a licence suspension is appropriate, be suspended before the determination of the charge against the person and the person shall immediately deliver the licence to the court and the court shall hold the licence until the determination of the charge against the person.

1988 c33 s60

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Report to registrar

61. (1) A court which convicts a person for an offence committed under this Act or the regulations shall transmit to the registrar a report setting out the nature of the conviction and the circumstances of the offence.

(2) A person who is the holder of a driver's licence shall, upon being convicted of, upon pleading guilty to or upon being found guilty of an offence under section 220, 221, 236, 249, 252, 253, 254, 255, 335, or another provision of the Criminal Code involving the use of a motor vehicle or in the commission of which a motor vehicle was used, immediately deliver the licence to the court who shall endorse on the licence the particulars of the conviction, plea or finding.

(3) The endorsement of the particulars of a conviction plea or finding on a licence under subsection (2) is, in the absence of evidence to the contrary, proof of the conviction, plea or finding and that evidence may be brought forward by the production of the licence without proof of the signature or appointment of the court.

(4) Where a licence has been delivered to the court under subsection (2), the court shall transmit the licence to the registrar together with a report setting out the nature of the conviction, plea or finding and the circumstances of the offence.

1988 c33 s61; 1990 c43 s4

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National Defence Act (Canada)

62. (1) Where a person has been convicted of an offence under section 130 of the National Defence Act (Canada) by reason that the person contravened section 221, 222, 236, 249, 252, 253, 254 or 255 of the Criminal Code the registrar may by order in writing suspend that person's driver's licence.

(2) For the purpose of this section "driver's licence" means a Canadian Forces Europe Driver's Licence to operate a private motor vehicle issued under the authority of the Department of National Defence (Canada).

1990 c43 s5

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Suspension or cancellation of driver's licence

63. (1) The registrar may by written order suspend or cancel a driver's licence for serious violation of this Act or the regulations by the licensee or upon being satisfied of the unfitness, physical or otherwise, of the licensee or for another reason appearing to the registrar to be sufficient.

(2) The registrar shall by order in writing cancel the beginner's licence of a licensed beginner who has been convicted of an offence under this Act or the regulations which involved the use of a motor vehicle in motion.

(3) Notwithstanding subsection (1), the registrar may suspend or cancel a driver's licence for serious violation of this Act or the regulations only after the registrar, or a representative of the registrar appointed for the purpose, has held a hearing to determine if a suspension or cancellation is appropriate and the driver may be represented at that hearing either personally or by legal counsel.

(4) Subsection (3) does not apply to a suspension of a driver's licence arising from an accumulation of demerit points under a demerit point system established by the regulations or where the registrar is satisfied of the unfitness, physical or otherwise, of a licensee.

1988 c33 s62

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Suspension or cancellation of driver's licence

64. (1) The registrar shall by order in writing suspend or cancel the driver's licence of a person who has obtained the licence as the result of perjury or the making of a false affidavit or statement to the registrar or who has been convicted of an offence committed anywhere in Canada under section 255 or 335 of the Criminal Code, for a period of not less than

(a) 3 months in the case of a 1st offence; and

(b) 6 months in the case of a subsequent offence committed within a period of 2 years.

(2) Where a person who has previously been convicted of an offence mentioned in subsection (1) is convicted of the same or another offence mentioned in subsection (1), the 2nd and each subsequent conviction for those offences shall be considered to be a conviction for a subsequent offence for the purpose of paragraph (1)(b).

1988 c33 s63; 1990 c43 s6

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Suspension or cancellation of driver's licence

65. (1) The registrar shall by written order suspend or cancel the driver's licence of a person who pleads guilty to or is found guilty of an offence committed anywhere in Canada under section 251 or 252 of the Criminal Code or of another offence, other than one committed under section 236 of the Criminal Code, which involves the use of a motor vehicle or in the commission of which a motor vehicle was used, for a period of not less than

(a) 4 months, or in the discretion of the registrar for a period not longer than 3 years, in the case of a 1st offence; and

(b) 9 months, or in the discretion of the registrar for a period not longer than 3 years, in the case of a subsequent offence committed within a period of 2 years.

(2) Where a person who has previously been convicted of an offence mentioned in subsection (1) is convicted of the same or another offence mentioned in subsection (1), the 2nd and each subsequent conviction for those offences shall be considered to be a conviction for a subsequent offence for the purpose of paragraph (1)(b).

1988 c33 s64; 1990 c43 s7

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Suspension or cancellation of driver's licence

66. (1) The registrar shall by written order suspend or cancel the driver's licence of a person who has been convicted of an offence committed anywhere in Canada under section 220, 221, or 236 of the Criminal Code that involves the use of a motor vehicle or in the commission of which a motor vehicle was used, for a period of not less than

(a) 12 months in the case of a 1st offence; and

(b) 18 months in the case of a subsequent offence committed within a period of 2 years.

(2) Where a person who has previously been convicted of an offence mentioned in subsection (1) is convicted of the same or another offence mentioned in subsection (1), the 2nd and each subsequent conviction for those offences shall be considered to be a conviction for a subsequent offence for the purpose of paragraph (1)(b).

1988 c33 s65; 1990 c43 s8

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Concurrent suspensions

67. Where a person pleads guilty to or is found guilty of more than 1 of the offences mentioned in subsection 64(1), subsection 65(1) or subsection 66(1) and the offences arise out of the same incident, the periods of suspension or cancellation of a driver's licence for all those offences shall run concurrently from the date of the 1st of those offences for which the person is convicted, pleads guilty or is found guilty.

1988 c33 s66

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Suspension or cancellation of driver's licence

68. (1) The registrar shall by written order suspend or cancel the driver's licence of a person who pleads guilty to or is found guilty of an offence committed under subsection 73(2), or of an offence committed anywhere in Canada under subsection 254(3) of the Criminal Code for a period of not less than

(a) 4 months, or in the discretion of the registrar for a period not longer than 3 years, in the case of a 1st offence, and

(b) 9 months, or in the discretion of the registrar for a period not longer than 3 years, in the case of a subsequent offence committed within a period of 2 years.

(2) Where a person who has previously been convicted of an offence mentioned in subsection (1) is convicted of the same or another offence mentioned in subsection (1), the 2nd and each subsequent conviction for those offences shall be considered to be a conviction for a subsequent offence for the purpose of paragraph (1)(b).

(3) The period of suspension or cancellation of a driver's licence under subsection (1) shall be in addition to a period of suspension or cancellation imposed under section 64, 65 or 66 and shall begin upon expiration of the period of suspension or cancellation imposed under section 64, 65 or 66.

1988 c33 s67; 1990 c43 s9

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Commencement of suspension or cancellation

69. The suspension or cancellation of a driver's licence under section 64, 65, 66 or subsection 68(1) has effect from the date of the respective conviction, plea or finding.

1988 c33 s68

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Appeal from suspension or cancellation

70. (1) Notwithstanding section 69, where an appeal is registered against conviction, the suspension or cancellation of a driver's licence under section 64, 65, 66 or 68 shall not have effect until the appeal is heard and a judgement rendered on the appeal.

(2) Where an appeal referred to in subsection (1) is dismissed, the part of the suspension or cancellation remaining at the time notice of appeal is given shall be served after the decision on the appeal is returned.

1988 c33 s69

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Where licence suspended or cancelled

71. (1) Notwithstanding section 67, where a driver's licence has been suspended or cancelled and during the period of suspension or cancellation the person whose licence was cancelled or suspended obtains a licence as the result of perjury or the making of a false affidavit or statement to the registrar or is convicted or found guilty of an offence referred to in section 64, 65, 66 or 68 the further period of suspension or cancellation imposed under that section shall begin after the expiration of the previous period of suspension or cancellation.

(2) Where a licence that has been suspended or cancelled expires before the period of suspension or cancellation expires, the registrar shall not issue a driver's licence to the person whose licence was suspended or cancelled until after the expiration of the period of suspension or cancellation.

(3) The registrar may, upon the conviction or guilt of a non-resident of an offence under this Act or the regulations or under section 220, 221, 236, 249, 252, 253, 254, 255, 335 or other provision of the Criminal Code involving the use of a motor vehicle or in the commission of which a motor vehicle was used, or upon a suspension or cancellation of the driver's licence of a non-resident, forward a report of the conviction, plea, finding, suspension or cancellation to the administrator of motor vehicle laws in the jurisdiction outside the province where the non-resident lives.

(4) Where the registrar receives evidence showing that the privilege of a person to drive a motor vehicle has been suspended or cancelled under a law of a jurisdiction outside the province, the tenor of which the registrar considers to be analogous to section 64, 65, 66 or 68, the registrar may, by written order, cancel the driver's licence granted to that person under this Act, and that driver's licence shall remain suspended or cancelled while the same privilege remains suspended or cancelled in that jurisdiction.

(5) A person whose driver's licence

(a) has been suspended or cancelled under subsection 63(1) because the registrar is satisfied of the unfitness, physical or otherwise, of the licensee to hold a licence or for another reason appearing to the registrar to be sufficient may after the suspension or cancellation; or

(b) has been suspended or cancelled

(i) under subsection 63(1) for a violation of this Act or the regulations for which that person has been convicted, or

(ii) under subsection 64(1)

may after the expiration of 1/2 of the period of suspension or cancellation,

apply to the board for an order directing the registrar to restore the driver's licence to that person and the board may, after a hearing of which the registrar has been given notice, make an order upon the registrar to restore the driver's licence or confirm the suspension or cancellation.

(6) The board may, before making an order under subsection (5), order the person applying for the order to take and pass a course of driving instructions at a school operated for that purpose by a person nominated by the board.

(7) Where the registrar has suspended the driver's licence of a person for an offence other than one contrary to the Criminal Code and in the registrar's opinion the person should undergo and pass a road test, before the suspension is lifted, the registrar may permit the person to undergo a road test, notwithstanding that the person's licence has been suspended.

1988 c33 s70; 1990 c43 s10

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Driver to return licence

72. (1) The registrar shall notify the holder of a driver's licence when that licence is suspended or cancelled and the holder shall immediately, where ordered to do so by the registrar, return the licence to the registrar and the registrar may instruct an inspector or a traffic officer to take possession of the licence and deliver it to the registrar.

(2) A traffic officer may take possession of a driver's licence that has been defaced or altered or which he or she has reason to suspect was not issued to the holder or, although issued to the holder, was obtained by false pretences or which is being used contrary to this Act or the regulations and deliver it to the registrar who shall hold it pending further investigation of the use of the licence.

1988 c33 s71

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Wrongful procurement of licence

73. (1) A person whose driver's licence has been suspended or cancelled or who, while prohibited from driving a motor vehicle or while disqualified from holding or obtaining a driver's licence, applies for or obtains the issue to him or her or has possession of a driver's licence is guilty of an offence.

(2) A person whose driver's licence has been suspended or cancelled, or who has been disqualified from holding or obtaining a licence or who has been refused a licence or who has been prohibited from driving a motor vehicle, who drives a motor vehicle is guilty of an offence and is liable on summary conviction

(a) in case of a 1st offence to a fine of not less than $100 and not more than $200;

(b) in the case of a 2nd offence to a fine of not less than $200 and not more than $300;

(c) in the case of a 3rd and subsequent offence to a fine of not less than $300 and not more than $500;

(d) to imprisonment for 6 months; or

(e) to both a fine and imprisonment.

1988 c33 s72; 1990 c43 s11

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Record of licences issued

74. (1) The registrar shall keep a record of drivers' licences issued under this Act and the record shall include

(a) the name of each person to whom a driver's licence is issued;

(b) the number of each driver's licence issued and the name and address of the person in whose name each is issued; and

(c) the information that the registrar considers necessary about the holder of each driver's licence.

(2) The registrar may exchange on a reciprocal basis with similar officials in other jurisdictions information contained in records kept under this section.

1988 c33 s73

PART IV
MOTOR VEHICLE INSURANCE

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Uninsured vehicle

75. (1) A person shall not operate, or, being the owner, allow another person to operate, a motor vehicle on a highway unless there is in force in respect of the motor vehicle a policy of insurance.

(2) The owner of a motor vehicle shall when requested to by a traffic officer produce proof that a policy is in force with respect to his or her motor vehicle.

(3) The production of a policy at a police station within 48 hours after a request is made under subsection (2) is considered to be sufficient production of proof of a policy.

(4) A policy or a certificate evidencing a policy is proof of financial responsibility in the circumstances where that proof is required by a person to whom this section applies.

(5) A person who

(a) obtains the registration of a motor vehicle when that motor vehicle is not insured by a policy;

(b) fails to comply with subsection (1); or

(c) fails to produce proof in accordance with subsection (2) that a policy is in force in respect of his or her motor vehicle,

is guilty of an offence.

(6) In addition to the penalties set out in the Schedule for a violation of subsection (5), the court shall

(a) report the conviction to the registrar who shall order that the identification plates and motor vehicle licence of the person convicted under that subsection be returned to the registrar; or

(b) order the person convicted under that subsection to return the identification plates and motor vehicle licence to the registrar and advise the registrar of the order.

(7) A motor vehicle liability policy referred to in this Part shall be in the form prescribed by the Automobile Insurance Act and approved under that Act by the Superintendent of Insurance for the purpose of this Part.

1988 c33 s74

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Financial responsibility

76. Proof of financial responsibility shall be given by

(a) every driver; and

(b) in the case of an owner, in respect of each motor vehicle registered in the owner's name, by every owner

to whom this Part applies in the sum of the limit set out in subsection 21(1) of the Automobile Insurance Act, exclusive of interest and costs, against liability, because of an accident, resulting from bodily injury to or the death of 1 or more persons and loss of or damage to property, and that amount shall be subject to priorities of the same nature and amounts as those referred to in section 21 of the Automobile Insurance Act.

1988 c33 s75

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Insuring ambulances, etc.

77. The minister may make regulations respecting

(a) the coverage of ambulances, buses, school buses, taxis and commercial motor vehicles by insurance;

(b) the form and kind of an insurance policy respecting a vehicle referred to in paragraph (a);

(c) the amount of insurance;

(d) other matters or things in connection with that insurance; and

(e) the imposition of penalties for a violation of those regulations.

1988 c33 s76

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Registrar may waive insurance requirement

78. (1) Where the owner of a motor vehicle is a corporation and being a corporation provides to the registrar a certificate issued by the Superintendent of Insurance showing that

(a) the corporation maintains a separate insurance fund for the purpose of satisfying from that fund liabilities it may incur resulting from bodily injury to or the death of a person or damage to property occasioned by or arising out of the ownership, maintenance, operation or use of a motor vehicle by the corporation; and

(b) in the opinion of the superintendent, the insurance fund is adequate to satisfy all those liabilities that the corporation is likely to incur, subject, for each motor vehicle registered in the name of the corporation, to the limits as to amount stated in section 21 of the Automobile Insurance Act

the registrar may waive the policy of insurance required by section 75.

(2) Where a corporation in relation to which the registrar has waived the requirement to maintain the policy of insurance referred to in section 75 ceases to maintain the proof of financial responsibility referred to in this section the registrar shall immediately cancel the waiver.

1988 c33 s77

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Garage, etc. policy

79. (1) Where a person is insured under a policy of the type commonly known as "a garage and sales agency policy", by which that person is insured against liability to no lesser limit and matters than provided for in section 21 of the Automobile Insurance Act the insurer that issues the policy shall,

(a) at the time of the issue of the policy, issue and deliver to the named insured a financial responsibility card; and

(b) on request by the named insured, issue and deliver to him or her an additional card, being a copy of the card delivered to the insured, for a person who is authorized to drive the motor vehicle owned by the insured or in his or her charge.

(2) A card issued under subsection (1) shall be in a form prescribed or approved by the minister and shall set out

(a) the name and address of the insurer;

(b) the name of the insured;

(c) the policy number;

(d) the date upon which the insurance expires; and

(e) the other particulars required by the minister,

and shall be signed in handwriting and in ink with the person's usual signature by the person for whose use the card or additional card is issued and shall bear the number of the driver's licence held by the person at the date on which the card is issued.

1988 c33 s78

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Offence

80. A person who

(a) produces to a traffic officer

(i) a financial responsibility card or a motor vehicle liability insurance card purporting to show that there is in force a policy of insurance that is, in fact, not in force,

(ii) a financial responsibility card or a motor vehicle liability insurance card purporting to show that that person is at that time maintaining in effect proof of financial responsibility as required by this Act when that is not the case, or

(iii) a financial responsibility card or a motor vehicle liability insurance card purporting to show that the person named in the card as the insured is at the time of an accident in which a motor vehicle is directly or indirectly involved insured in respect of loss resulting from that accident and occasioned by the operation or use of that motor vehicle when that is not the case; or

(b) gives or loans to a person not entitled to have it a card issued under subsection 79(1)

is guilty of an offence.

1988 c33 s79

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Registrar shall suspend licence

81. (1) Where

(a) a judgment for damages arising out of a motor vehicle accident is rendered against a person by a court in the province or by a court in a jurisdiction outside the province;

(b) damages have been assessed against the person; and

(c) that person fails, within 15 days from the date on which the judgment became final, to satisfy the judgment,

the registrar, upon receiving a certificate of that final judgment from the court in which it is rendered, or upon receiving notice from Judgment Recovery (Nfld.) Ltd. that Judgment Recovery (Nfld.) Ltd. has paid an amount in satisfaction of that final judgment, and subject to section 32 of the Judgment Recovery (Nfld.) Ltd. Act, shall suspend the driver's licence and vehicle licence of that person.

(2) Where a driver's licence or vehicle licence is suspended under subsection (1), the licence shall remain suspended and shall not afterward be renewed, nor shall a driver's licence or vehicle licence be afterward issued to that person, until the judgment referred to in subsection (1) is satisfied or discharged, otherwise than by discharge in bankruptcy, to the extent to which financial responsibility is required to be given under section 76, and until that person gives proof of his or her financial responsibility.

(3) The Lieutenant-Governor in Council, upon the report of the minister that a jurisdiction outside the province has enacted legislation similar in effect to subsections (1) and (2) and that the legislation extends and applies to judgments rendered and become final against residents of that jurisdiction by a court in the province, may by order declare that subsections (1) and (2) shall extend and apply to judgments rendered and become final against residents of the province by a court in that jurisdiction.

(4) Where a person to whom this section applies is not a resident of the province, the privilege of operating a motor vehicle in the province and the privilege of operation in the province of a motor vehicle registered in that person's name are suspended and withdrawn immediately by the judgment until that person has complied with this section.

1988 c33 s80; 1989 c12 s14

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Application to judge by judgment creditor

82. (1) A judgment debtor to whom this Part applies may on notice to the judgment creditor apply to the court in which the trial judgment was obtained for the privilege of paying the judgment in instalments, and the court may in its discretion so order, fixing the amounts and times of payment of the instalments.

(2) While the judgment debtor is not in default in payment of an instalment he or she shall be considered not in default for the purposes of this Part in payment of the judgment.

(3) Notwithstanding subsection 81(1), where a person is considered to be not in default under subsection (2) and upon providing proof of financial responsibility for future accidents under this Part, the registrar may restore the driver's licence and vehicle licence of the judgment debtor, but the driver's licence and vehicle licence shall again be suspended and remain suspended as provided in section 81 where the registrar is satisfied of default made by the judgment debtor in compliance with the terms of the court order.

1988 c33 s81

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Registrar may suspend licence

83. (1) Where bodily injury to, or the death of, a person or damage to property in an amount apparently exceeding $500, results from an accident in which a motor vehicle is directly or indirectly involved, where the motor vehicle is or is required to be registered under this Act, the registrar, where satisfied that at the time of the accident a financial responsibility card or a motor vehicle liability insurance policy was not in force in respect of the motor vehicle, may suspend the driver's licence of the operator of the vehicle and the vehicle licence.

(2) Notwithstanding subsection (3), where a person whose driver's licence or vehicle licence is subject to suspension under subsection (1) satisfies the registrar that at the time of the accident the motor vehicle was a stolen vehicle the registrar shall not suspend the driver's licence or vehicle licence or shall reinstate it.

(3) A driver's licence or vehicle licence suspended under subsection (1) shall remain suspended and no new driver's licence or vehicle licence in respect of the driver or motor vehicle whose licence was suspended shall be issued after the suspension unless there is proof to the registrar of financial responsibility in relation to the driver or motor vehicle to at least the limit set out in subsection 21(1) of the Automobile Insurance Act.

1988 c33 s82

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Operating record

84. (1) The registrar may upon written request provide to an insurer, surety or other person a certified abstract of the operating record of a person subject to this Part.

(2) An abstract provided under this section shall fully designate the motor vehicles registered in the name of a person subject to this Part, and the record of a conviction of that person for a violation of the Criminal Code or a statute relating to the operation of motor vehicles or a judgment against that person for an injury or damage caused by that person, according to the records of the registrar, and where there is no record of a conviction or judgment in the office of the registrar, the registrar shall so certify, and the registrar shall collect as a fee for each certificate a sum of $5 or whatever other sum that the minister may prescribe by regulation.

(3) The registrar shall upon written request provide a person who may have been injured in person or property by a motor vehicle with all information of record in the registrar's office pertaining to the proof of financial responsibility of an owner or driver of a motor vehicle provided under this Part.

1988 c33 s83

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Board

85. (1) The Driver's Licence Suspension Review Board is continued.

(2) Subject to the regulations, the board shall be composed of 3 or more members appointed by the Lieutenant-Governor in Council and each member of the board shall hold office during good behaviour for the term prescribed by the Lieutenant-Governor in Council in the order appointing him or her or in some later order and is eligible for re-appointment.

(3) The Lieutenant-Governor in Council may designate 1 of the members of the board to be chairperson and another to be vice-chairperson of the board.

(4) A majority of the members of the board shall constitute a quorum, and the decision of the majority of the members of the board shall constitute the decision of the board.

(5) Where

(a) the office of the chairperson of the board becomes vacant; or

(b) a member of the board stops being a member,

the Lieutenant-Governor in Council shall immediately fill the vacancy.

(6) The chairperson or, in his or her absence, the vice-chairperson, shall preside at all meetings of the board and his or her decision on all points of order shall be final.

(7) Where both the chairperson and vice-chairperson are absent from a meeting of the board, the other members of the board present shall appoint a temporary chairperson who has the powers and shall carry out the duties of the chairperson at the meeting.

1988 c33 s84

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Remuneration of board members

86. (1) Each member of the board shall be paid the remuneration for his or her services as a member of the board that may be determined by the Lieutenant-Governor in Council; and in addition, may be repaid the amount of reasonable travelling and out-of-pocket expenses necessarily incurred by him or her in discharging his or her duties as a member of the board that may be approved in the manner authorized by law.

(2) Those officers, clerks and employees that are necessary for the proper conduct of the business of the board shall be appointed in the manner authorized by law.

(3) Subject to the approval of the minister, the board may appoint 1 or more experts to inquire into and report to the board in respect of a matter before the board or in respect of which the board considers it necessary to have information for the proper carrying out of its duties.

1988 c33 s85

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Powers of board members

87. For the purpose of a hearing before the board, the board and each member is vested with the powers that are or may be conferred on a commissioner by the Public Inquiries Act, and the board is considered to be an "investigating body" for the purposes of the Evidence Public Investigations Act, and there shall be full right to examine and cross-examine all witnesses called and to bring forward evidence in defence and reply, and section 3 of the Public Inquiries Act shall apply to those witnesses.

1988 c33 s86

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Rules of procedure

88. The board may make rules respecting its procedure.

1988 c33 s87

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Witnesses

89. The board may hear the testimony of witnesses, which shall be given under oath or affirmation, which may be administered by a member of the board.

1988 c33 s88

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Inquiries by single member

90. (1) The board, or the chairperson, may authorize a member to make an inquiry and to report to the board upon a question or matter arising in connection with the business of the board; and that member, where so authorized, has the powers of the board for the purpose of taking evidence or acquiring the necessary information for the purpose of the report; and upon the report being made to the board, it may adopt it as an order of the board or otherwise deal with it in the discretion of the board.

(2) A single member of the board may hear an application, complaint, or other matter over which the board has jurisdiction; and, after the hearing, the member shall report fully to the board with his or her recommendations and the board may deal with the application, complaint, or other matter, as if the hearing had been before the full board.

1988 c33 s89

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Powers, etc. of board

91. (1) The board has the powers, privileges, rights, duties and functions that may be conferred or charged on it, or vested in it, under subsection (2) or another provision of this Act, or under regulations authorized by, and made under, this Act.

(2) Where

(a) a permit or licence;

(b) the registration of a motor vehicle; or

(c) an application for a permit or licence,

has been suspended, cancelled, or refused except a suspension or cancellation made under sections 65, 67 and 68, or as a result of an accumulation of demerit points, or

(d) a policy has been cancelled or terminated by an insurer or the application for a policy has been refused by an insurer,

an application may be made to the board and the board after a hearing of which the registrar has been given notice and upon hearing the applicant or his or her counsel, and also counsel on behalf of the registrar and the insurer, if each wishes to be heard, may, by order,

(e) revoke the suspension or cancellation in whole or in part;

(f) direct the permit or licence to be issued; or

(g) direct the insurer to issue a policy to the applicant,

and upon the making of that order,

(h) the suspension or cancellation shall be considered to be revoked and the registrar shall comply with that order;

(i) the registrar shall issue the permit or licence; or

(j) the insurer shall issue a policy to the applicant.

(3) The board shall not make an order under subsection (2) unless it is satisfied, in a case of suspension or cancellation,

(a) that undue hardship will result if the suspension or cancellation remains in effect; and

(b) that the remission or cancellation is not contrary to the public interest.

(4) Where the board is of the opinion that an applicant would suffer undue hardship or expense in appearing personally before it, and further, is of the opinion that it is practicable for the applicant to submit his or her case to the board in writing and that it is reasonable in the circumstances to permit him or her to do so, it may by order direct that the applicant may so submit a statement of the reasons on which his or her application is based in writing and within the time that is specified in the order.

1988 c33 s90

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Appeal

92. (1) A person who is aggrieved by a decision of the board under subsection 91(2) may, within 30 days afterward, appeal from or against that decision to a judge of the Trial Division by filing in the office of the Registrar of the Supreme Court a notice of appeal setting out the grounds of appeal and serving copies of the notice of appeal on all parties who have an interest in the appeal.

(2) The practice and procedure under the Judicature Act and the Rules of Court relating to appeals shall apply to proceedings under this section.

(3) At the hearing of the appeal, the judge may

(a) dismiss the appeal;

(b) order the registrar to restore a licence or registration cancelled or suspended by the registrar under this Act;

(c) order the registrar to issue a licence or permit that the registrar has refused to issue; or

(d) order the insurer to issue a policy to the appellant,

and the registrar or the insurer shall comply with the order.

1988 c33 s91

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Regulations

93. The Lieutenant-Governor in Council may make regulations

(a) prescribing qualifications of persons for appointment as members of the board, and different qualifications may be prescribed for different persons for appointment to the board;

(b) providing for the payment by the province of persons appointed by the board under section 86;

(c) prescribing fees to be paid by applicants in respect of hearings before the board;

(d) extending the jurisdiction of the board under section 91; and

(e) generally, to give effect to the purpose of sections 85 to 92.

1988 c33 s92

PART V
RULES OF THE ROAD

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Application of Part

94. Unless the context otherwise provides

(a) the provisions of this Part relating to the operation of vehicles refer only to the operation of vehicles upon a highway;

(b) this Part does not apply to persons, vehicles and other equipment while actually engaged in highway construction or maintenance work upon, under or over the surface of a highway while at the site of the work when it is reasonably necessary for the purposes of the construction or work that this Part be not complied with or be contravened; and

(c) a person riding an animal or driving an animal-drawn vehicle upon a highway has all the rights and is subject to all the duties that a driver of a vehicle has under this Part.

1988 c33 s93

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Vehicle to drive to right

95. (1) The driver of a vehicle shall drive the vehicle to the right side of the roadway.

(2) The driver of a vehicle upon a roadway that has a width for only 1 line of traffic in each direction shall, when meeting another vehicle that is moving, give to the other vehicle at least 1/2 of the roadway as nearly as possible.

1988 c33 s94

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Overtaking another vehicle

96. (1) The driver of a vehicle which is overtaking another vehicle

(a) shall sound an audible signal;

(b) shall not pass the other vehicle without 1st signalling an intention to do so in the manner prescribed by sections 113 and 114;

(c) shall pass to the left side of the other vehicle at a safe distance; and

(d) shall not return to the right side of the roadway until safely clear of the other vehicle and after having in the manner prescribed by subsection 117(3) signalled an intention to do so.

(2) Except when overtaking and passing on the right is permitted, the driver of a vehicle which is being overtaken by another vehicle

(a) upon hearing the audible signal shall give way to the right in favour of the other vehicle; and

(b) shall not increase the speed of his or her vehicle until completely passed by the other vehicle.

1988 c33 s95

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Conditions for passing on right

97. (1) The driver of a vehicle shall not overtake and pass upon the right of another vehicle except

(a) when the other vehicle is making a left turn or its driver has signalled his or her intention to make a left turn;

(b) when on a laned roadway there are 1 or more unobstructed lanes available to traffic moving in the direction of travel of the vehicle; or

(c) upon a one-way roadway where the roadway is of sufficient width for 2 or more lines of moving vehicles and is free from obstructions.

(2) Notwithstanding subsection (1), the driver of a vehicle shall not overtake and pass another vehicle upon the right

(a) when the movement cannot be made safely; or

(b) by driving off the roadway.

1988 c33 s96

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Passing vehicle of unusual dimensions

98. The driver of a vehicle which meets or is being overtaken by another vehicle and which, because of the weight of the load or the width of either of them, finds it impracticable to draw to the right shall immediately stop and, where necessary for the safety of the other vehicle and where requested so to do by the driver, that driver shall help the driver of the other vehicle to pass without damage.

1988 c33 s97

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Restriction on passing on left

99. (1) A driver shall not drive a vehicle to or upon the left side of the centre line of a roadway in overtaking and passing another vehicle unless the left side is clearly visible and is free of oncoming and overtaking traffic for a sufficient distance to permit overtaking and passing to be completely made without interfering with the safe operation of another vehicle.

(2) The driver of a vehicle shall not overtake and pass other traffic when approaching the crest of a grade or upon a level railway crossing, curve or bridge or where highways intersect or fork, unless a traffic control device or a symbol otherwise directs or permits.

(3) The driver of a vehicle shall not overtake and pass other traffic in circumstances where the driver cannot see sufficiently far ahead to overtake and pass with safety.

1988 c33 s98

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Driving to left of center line

100. (1) A driver shall not drive a vehicle to the left of the centre line of the roadway except

(a) when overtaking and passing another vehicle proceeding in the same direction;

(b) when the roadway to the right of the centre line is obstructed by a parked vehicle or other object;

(c) when the roadway to the right of the centre line is closed to traffic; or

(d) upon a one-way roadway.

(2) The driver of a vehicle that is proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall drive in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left-hand turn at an intersection or into a private road or driveway.

(3) A driver of a vehicle when passing around a rotary traffic island shall drive to the right of the island, except where a sign giving other directions is displayed.

1988 c33 s99

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Driving on a laned roadway

101. The driver of a vehicle on a laned roadway

(a) may drive from one lane to another where 1 or more broken lines only exist between lanes;

(b) except as provided in paragraphs (c) and (d), shall not drive from one lane to another where that action necessitates the crossing of a solid line;

(c) when a solid line and a broken line exist together may, with caution, cross the solid line from the lane in which the broken line is located and re-cross;

(d) may, with caution, cross a solid line when necessary to turn left into a private road or driveway or when necessary on entering the roadway from a private road or driveway;

(e) shall not drive from one lane to another without 1st signalling an intention to do so in the manner prescribed by subsection 117(3);

(f) when approaching an intersection and intending to turn left or when intending to turn left into a private road or drive way shall travel in the left-hand lane available to traffic moving in the direction of the travel of the vehicle;

(g) when approaching an intersection intending to turn right shall travel in the lane nearest to the right-hand side of the roadway and may pass another vehicle travelling in the same direction in a lane to the driver's left;

(h) shall not use the centre lane of a three-lane roadway except when passing another vehicle proceeding in the same direction or when approaching an intersection where the driver intends to turn to the left or when that lane is designated for traffic moving in the direction of travel of the vehicle;

(i) except as provided in section 97, when overtaking another vehicle that is travelling in the same direction in a place where there are 2 or more lanes available to traffic moving

in that direction shall in passing keep to the left of the other vehicle and to the right of the centre line;

(j) where a traffic-control device directs slow-moving traffic to use a designated lane when driving slowly, shall use that lane only; or

(k) when being overtaken by another vehicle travelling in the same direction shall allow that vehicle to pass and shall travel in the lane nearest to the right-hand side of the roadway or in a manner that allows the overtaking vehicle free passage to the left in a lane available to traffic moving in the direction of the travel of the vehicle.

1988 c33 s100

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"No passing" zones

102. Where all or a part of a highway has been marked by a sign as a zone in which passing is prohibited or a zone limited to driving on the right-hand side of the roadway, a driver shall obey the instructions on the sign.

1988 c33 s101

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Restriction on vehicle following another

103. (1) The driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having regard for the speed of the vehicles and the amount and nature of traffic upon and the condition of the roadway.

(2) The driver of a commercial motor vehicle or a motor vehicle that is drawing another vehicle when upon a roadway outside an urban district and when following a commercial motor vehicle or motor vehicle drawing another vehicle, unless the driver intends to overtake and pass the vehicle ahead, shall, where conditions permit, have not less than 150 metres between his or her vehicle and the vehicle ahead.

(3) The driver of a motor vehicle in a caravan or motorcade, other than a funeral procession, outside an urban district shall leave sufficient space between his or her vehicle and another vehicle or combination of vehicles to enable a vehicle to enter and occupy that space without danger.

1988 c33 s102

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Divided roadways

104. Where a highway has been divided into 2 roadways by an intervening space or a physical barrier or clearly indicated dividing section constructed so that it impedes vehicular traffic, a driver shall not drive a vehicle over, across or within the intervening space, barrier or dividing section, except at a crossover or intersection established by the minister or a traffic authority.

1988 c33 s103

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Entering controlled-access highway

105. (1) Where on a controlled-access highway there is a sign indicating a location at which vehicles are permitted to enter, a driver shall not drive a vehicle onto the highway except at that location.

(2) Where on a controlled-access highway there is a sign indicating a location at which vehicles are permitted to leave, a driver shall not drive a vehicle from the highway except at that location.

1988 c33 s104

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Traffic control devices

106. (1) Except when a traffic officer directs otherwise, drivers and pedestrians shall obey the instructions of a traffic-control signal or traffic-control device in accordance with this Part.

(2) Where a green light alone is shown at an intersection by a traffic-control signal, the driver of a vehicle approaching the intersection and facing the light or signal

(a) may proceed across the intersection or turn left or right, subject to a traffic-control device prohibiting a left or right turn or both; and

(b) shall yield the right-of-way, if turning left or right, to other traffic lawfully within the intersection or within an adjacent crosswalk at the time the light or signal is shown.

(3) Where a green light alone is shown at an intersection by a traffic-control signal, a pedestrian facing the light or signal may proceed across the roadway, subject to a pedestrian-control signal directing the pedestrian otherwise, and while so proceeding across the roadway has a right-of-way over all vehicles.

(4) Where a green light alone is shown at a place other than an intersection by a traffic-control signal, the driver of a vehicle approaching the light or signal

(a) may proceed to pass the light or signal; and

(b) shall yield the right-of-way to a pedestrian still in the roadway or on a crosswalk in the vicinity of the light or signal when it is shown after the pedestrian entered the roadway or crosswalk.

(5) Where a green light alone is shown at a place other than an intersection by a traffic-control signal, a pedestrian facing the light or signal may proceed across the roadway, subject to a pedestrian-control signal directing the pedestrian otherwise, and while so proceeding across the roadway has a right-of-way over all vehicles.

(6) Where a yellow or amber light alone is shown at an intersection by a traffic-control signal following a green light

(a) the driver of a vehicle approaching the intersection and facing the yellow or amber light shall stop the vehicle at a clearly marked stop line or, if none, then immediately before entering the crosswalk on the near side of the intersection or, where there is no crosswalk, then immediately before entering the intersection, unless a stop cannot be made in safety; and

(b) notwithstanding paragraph (a), the driver of a vehicle approaching the intersection and facing the yellow or amber light and intending to turn right at the intersection may, unless a traffic-control device prohibits a right turn to be made on a yellow or amber light, with caution, proceed and turn right at the intersection, but only after yielding the right-of-way to a pedestrian referred to in paragraph (7)(b) and to a vehicle proceeding in the intersection.

(7) Where a yellow or amber light alone is shown at an intersection by a traffic-control signal following a green light

(a) a pedestrian facing the yellow or amber light shall not begin to cross the roadway until a pedestrian-control signal or other traffic-control signal permitting the pedestrian to enter the roadway is shown; and

(b) a pedestrian on the roadway or on a crosswalk in the vicinity of the yellow or amber light when the light is shown after the pedestrian entered the roadway or crosswalk shall proceed across the roadway and has a right-of-way for that purpose over all vehicles.

(8) Where a yellow or amber light is shown at a place other than an intersection by a traffic-control signal following a green light, the driver of a vehicle approaching the light shall stop the vehicle at a clearly marked stop line or, if none, then immediately before entering the crosswalk on the near side of the light or, if there is no crosswalk, then immediately before reaching the light unless a stop cannot be made in safety.

(9) Where a yellow or amber light is shown at a place other than an intersection by a traffic-control signal following a green light

(a) a pedestrian facing the light shall not begin to cross the roadway until a pedestrian-control signal or other traffic-control signal permitting the pedestrian to enter the roadway is shown; and

(b) a pedestrian still in the roadway or on a crosswalk in the vicinity of the light when the light is shown after the pedestrian entered the roadway shall proceed across the roadway and has a right-of-way for that purpose over all vehicles.

(10) Where a red light alone is shown at an intersection by a traffic-control signal, the driver of a vehicle approaching the signal shall stop the vehicle at a clearly marked stop line, or, if none, then immediately before entering the crosswalk on the near side of the intersection or, if none, then immediately before entering the intersection, and shall not proceed until a traffic-control signal permitting the movement of the vehicle in the intersection is shown, but the driver may, after bringing the vehicle to a full stop, and yielding the right-of-way to a pedestrian and other vehicles lawfully within the intersection

(a) turn to the right; or

(b) turn to the left from a one-way street into a one-way street provided that those turns are not prohibited by a traffic-control device.

(11) Where a red light alone is shown at an intersection by a traffic-control signal, a pedestrian facing the signal shall not begin to cross the roadway until a traffic-control signal permitting the pedestrian to enter the road way is shown.

(12) Where a red light alone is shown at a place other than an intersection by a traffic-control signal, the driver of a vehicle approaching the light shall stop the vehicle at a clearly marked stop line or, if none, then immediately before entering the cross-walk on the near side of the light or, if there is no crosswalk, then immediately before reaching the light and shall not proceed until a traffic-control signal permitting the driver to pass the light or signal is shown.

(13) Where a red light alone is shown at a place other than an intersection by a traffic-control signal, a pedestrian facing the light shall not begin to cross the roadway until a pedestrian-control signal or other traffic-control signal permitting the pedestrian to enter the roadway is shown.

(14) Where a solid green arrow or a flashing green arrow is shown alone or in conjunction with a red light at an intersection by a traffic-control signal, the driver of a vehicle approaching the intersection and facing the arrow

(a) may enter the intersection only to make the movement indicated by the arrow; and

(b) shall yield the right-of-way to other traffic lawfully within the intersection and to pedestrians lawfully in an adjacent crosswalk.

(15) Where a solid green arrow or a flashing green arrow is shown alone or in conjunction with a red light at an intersection by a traffic-control signal, a pedestrian facing the arrow shall not begin to cross the roadway until a traffic-control signal permitting the pedestrian to enter the roadway is shown.

(16) Where a flashing red light is shown by a traffic-control signal the driver of a vehicle approaching the light

(a) shall stop the vehicle at a clearly marked stop line or, if none, then immediately before entering the crosswalk on the near side of the light or, if none, then immediately before entering the intersection; and

(b) having stopped, shall yield the right-of-way to all traffic lawfully in the roadway or in a crosswalk in the vicinity of the light, and proceed with caution.

(17) Where a flashing red light is shown by a traffic-control signal, a pedestrian facing the light may proceed across the roadway within the crosswalk.

(18) Where a yellow or amber flashing light is shown by a traffic-control signal the driver of a vehicle approaching the light

(a) may proceed past the light only with caution; and

(b) shall yield the right-of-way to traffic lawfully in the roadway or in a crosswalk in the vicinity of the light.

(19) Where a yellow or amber flashing light is shown by a traffic-control signal, a pedestrian facing the light may proceed across the roadway with caution.

(20) Where the word "WALK" or a symbol for "WALK" is shown by a pedestrian-control signal, a pedestrian facing the signal may proceed across the roadway in the direction of the signal and while so proceeding across the roadway has a right-of-way over all vehicles.

(21) Where the word "WAIT" or "STOP" or the words "DON'T WALK" or a symbol for "WALK" or "STOP" or "DON'T WALK" is shown by a pedestrian-control signal

(a) a pedestrian facing the signal shall not begin to cross the roadway until the word "WALK" or a symbol for "WALK" is shown by a pedestrian-control signal; and

(b) a pedestrian proceeding across the roadway when the word "WAIT" or "STOP" or the words "DON'T WALK" or a symbol for "WALK" or "STOP" or "DON'T WALK" is shown after the pedestrian entered the roadway shall proceed across the roadway and has a right-of-way for that purpose over all vehicles.

(22) Where traffic is being controlled at an intersection or a crosswalk or elsewhere by a person holding a flag or sign containing the word "STOP" or a symbol for "STOP", the driver of a vehicle approaching the flag or sign shall stop the vehicle immediately before entering the intersection or crosswalk in the vicinity of the flag or sign and shall not proceed until the person holding the flag or sign directs the driver to proceed.

(23) Where traffic is being controlled at an intersection or a crosswalk or elsewhere by a person holding a flag or sign containing the word "STOP" or a symbol for "STOP", a pedestrian if intending to cross the roadway may enter the intersection or crosswalk in the vicinity of the person holding the flag or sign and proceed across the roadway and has a right-of-way for that purpose over all vehicles in the intersection.

(24) Where a sign which has the word "STOP" or a symbol for "STOP" inscribed on it is erected at or near the intersection of 2 highways and facing the stream of traffic on 1 highway, the driver of a vehicle on the highway shall stop the vehicle before entering but as near as practicable to the driving surface of the other highway and shall then proceed with special care and give way to traffic on the other highway, but where there is a crosswalk at or in the vicinity of the sign the driver of the vehicle shall stop the vehicle before entering the crosswalk and may then proceed with caution, giving way to pedestrians in the crosswalk.

(25) Where a sign which has the words "TURN RIGHT" or "RIGHT TURN ONLY" or a symbol for "TURN RIGHT" or "RIGHT TURN ONLY" inscribed on it is erected at or near the intersection of 2 highways and facing the stream of traffic on 1 highway, the driver of a vehicle on that highway shall stop the vehicle before entering but as near as practicable to the driving surface of the intersection and shall then proceed with special care and make a right turn only in accordance with the sign and give way to traffic on the other highway.

(26) Where a sign which has the words "TURN LEFT" or "LEFT TURN ONLY" or a symbol for "TURN LEFT" or "LEFT TURN ONLY" inscribed on it is erected at or near the intersection of 2 highways and facing the stream of traffic on 1 highway, the driver of a vehicle on that highway shall stop the vehicle before entering but as near as practicable to the driving surface of the intersection and shall then proceed with special care and make a left turn only in accordance with the sign and give way to traffic on the other highway.

(27) Where a sign which has the words "NO PARKING " or a symbol for "NO PARKING" inscribed on it is erected on a highway and the part of the highway to which the sign is applicable is clearly indicated by painted red or white lines or words or markers on the highway or by additional words inscribed on the signs describing the area to which the prohibition of the sign is applicable by name or other description or by reference to another sign erected on or near the same highway, the driver of a vehicle shall not park the vehicle in the area to which the sign applies, or between the hours or during the time specified on the sign.

(28) The prohibition in subsection (27) does not apply, unless stated on the sign, to the stopping of a vehicle for the immediate taking up or discharging of passengers or for the time that may be actually necessary for the loading or unloading of goods.

(29) Where a sign which has the words "NO PARKING EXCEPT UNDER PERMIT" or a symbol for "NO PARKING EXCEPT UNDER PERMIT" inscribed on it is erected on a highway and the part of the highway to which the sign is applicable is indicated by painted red or white lines or words or markers on the highway or by additional words or symbols inscribed on the sign describing the area to which the prohibition of the sign is applicable by name or other description or by reference to another sign erected on or near the same highway, a person other than the person to whom the permit was issued shall not park a vehicle in the area to which the sign applies.

(30) Signs to indicate places where buses or school buses may stop but only for the purpose of taking up or letting down passengers and where no other vehicles may stop or park shall have inscribed on them the words "BUS STOP" or "SCHOOL BUS STOP", a symbol for "BUS STOP" or "SCHOOL BUS STOP" and may have inscribed on them additional words, figures, letters or symbols

(a) prescribing the part of the highway to which the sign applies, by reference to another sign erected on or near the same highway or by description of the part of the highway or otherwise;

(b) prescribing the distance from the sign, measured in a direction indicated on the sign, within which parking or stopping is prohibited;

(c) prescribing the period within which or the hours or days during which the sign applies;

(d) prohibiting stopping or parking on the part of the highway to which the sign applies;

(e) indicating the ownership of buses or school buses for whose use that part of the highway is reserved; or

(f) conveying information respecting the service provided by buses or school buses for whose use that part of the highway is reserved,

and on a highway or a section of a highway on which signs have been erected under this subsection a bus or school bus shall not stop to take up or let down passengers except at a place indicated by a sign erected under this section.

(31) Signs to indicate the highway or part of a highway where the driving of a vehicle in excess of a certain maximum speed is prohibited may be erected in accordance with subsection (32).

(32) The highway or part of a highway where a special maximum speed limit applies shall be indicated by the erection of a sign at each end of the highway or part of the highway to which the maximum speed limit applies and facing the stream of traffic entering the highway or part highway, the signs having inscribed on them the words "SPEED LIMIT", "MAXIMUM" or "MAXIMUM SPEED" or a symbol for "SPEED LIMIT"' "MAXIMUM" or "MAXIMUM SPEED" and the maximum speed limit.

(33) Each sign in the form prescribed by subsection (32) may be varied by the insertion on the sign of those figures that may be prescribed by the minister or traffic authority for the place where the sign is erected.

(34) Signs conveying the order not to enter a highway at a particular point of intersection with another highway may be erected in those places that the minister or a traffic authority appoints, the signs having inscribed on them the words "NO ENTRY" or " DO NOT ENTER" or a symbol for "NO ENTRY" or "DO NOT ENTER".

(35) Signs to close a highway or part of a highway to traffic may be erected in accordance with subsection (34) to indicate the highway or part upon which the driving of vehicles is prohibited.

(36) Each sign erected in accordance with subsection (34) shall have inscribed on it words or symbols to indicate the period for which the highway or part is closed or that it is closed until further notice.

(37) The highway or part of the highway to which a sign erected in accordance with subsection (34) applies shall be indicated by the erection of a sign at each end of the highway or part of the highway which is closed and at all major points of intersection with the highway.

(38) Each sign erected in accordance with subsection (34) shall be taken as prohibiting a person from driving a vehicle upon a highway or part of a highway to which the sign refers.

(39) Signs conveying the order not to proceed, or permission to proceed, from 1 highway into another by means of making a turn to the left or right may be erected on a highway, and the signs shall have inscribed on them the words or symbols for the words

NO LEFT TURN; NO RIGHT TURN; NO TURNS which shall mean no turn either way; or NO RIGHT TURN ON YELLOW OR AMBER OR RED LIGHT.

(40) Each sign erected in accordance with subsection (39) shall be taken as prohibiting a person from driving a vehicle from 1 highway to another highway in contravention of the direction of the sign.

(41) Signs conveying the order to proceed in 1 direction only on a highway may be erected on the highway and the signs shall have inscribed on them the words "ONE WAY" or a symbol for "ONE WAY" and an arrow.

(42) Each sign erected in accordance with subsection (41) shall be taken as prohibiting a person from driving a vehicle upon the highway or part of the highway to which the sign refers in a direction other than the direction in which the arrow points.

(43) Signs to limit the maximum gross mass of commercial motor vehicles on a highway or part of the highway may be erected and the signs shall have inscribed on them the words "HALF LOAD LIMIT" or a symbol for "HALF LOAD LIMIT".

(44) Each sign erected in accordance with subsection (43) shall be taken as prohibiting a person from driving upon the highway or part of the highway to which the sign refers, a commercial motor vehicle if that vehicle is loaded in excess of the sum of the curb mass of the vehicle plus 1/2 of the difference between the curb mass and the maximum gross mass for which the vehicle is registered.

(45) The highway or part of the highway to which a sign erected in accordance with subsection (43) refers shall be indicated by the erection of a sign at each end of the highway or part of the highway and at all major points of intersection with the highway or part of the highway to which the signs refers.

(46) Signs to indicate places where commercial motor vehicles may be parked on a highway shall be considered to prohibit a vehicle other than a commercial motor vehicle from stopping or standing

(a) nearer to the sign than the distance; or

(b) within the area inscribed or referred to on the sign by name or other description or by reference to another sign erected on or near the same highway.

(47) Each sign erected in accordance with subsection (46) shall have inscribed on it the words "RESTRICTED PARKING - COMMERCIAL MOTOR VEHICLES ONLY" or a symbol for "RESTRICTED PARKING - COMMERCIAL VEHICLES ONLY" and shall indicate in accordance with subsection (46) the distance from the sign or area within which vehicles other than commercial motor vehicles are prohibited from stopping or standing.

(48) Signs to restrict the use of a highway or a part of a highway shall be considered to prohibit a vehicle other than the class of vehicles specified on the sign from being driven over the highway or a part of it.

(49) Each sign erected in accordance with subsection (46) shall have inscribed on it the words "CLOSED TO ALL TRAFFIC EXCEPT" or a symbol for "CLOSED TO ALL TRAFFIC EXCEPT" and further words or symbols to indicate the class of vehicles to which the prohibition does not apply.

(50) Each sign erected in accordance with subsection (48) shall be taken as prohibiting a person from driving a vehicle upon a highway or part of highway to which the sign refers.

(51) Signs to restrict the use of a highway or a part of a highway to vehicles other than vehicles of a maximum gross mass in excess of that inscribed on the signs may have inscribed on them other letters, figures, words and signs and different letters, figures, words and signs may be used on different signs in different circumstances.

(52) Each sign erected in accordance with subsection (51) shall be taken as prohibiting a person from driving upon the highway or the part of the highway to which the sign refers a vehicle of a maximum gross mass in excess of that inscribed on the sign.

(53) The highway or part of the highway to which a sign erected in accordance with subsection (51) refers shall be indicated by the erection of a sign at each end of the highway or part of the highway and at all major points of intersection with the highway or part of the highway.

1990 c43 s12

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Erection of other devices prohibited

107. A person shall not erect or maintain upon or in view of a highway a device that purports to be, resembles or interferes with the effectiveness of a traffic-control device unless that person is authorized to do so by the minister or a traffic authority.

1988 c33 s106

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No advertising on device

108. A person shall not place or maintain commercial advertising upon a traffic-control device.

1988 c33 s107

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Alteration etc. of device

109. Except with lawful authority, a person shall not alter, injure or remove or attempt to alter, injure or remove a traffic-control device or a part of a traffic-control device.

1988 c33 s108

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Imprudent driving

110. (1) Notwithstanding subsection (2), a person shall not drive a vehicle on a highway or in another place

(a) at a speed which is greater than is reasonable and prudent under the conditions and having regard to actual and potential hazards existing on the highway or other place;

(b) without due care and attention;

(c) without reasonable consideration for other persons; or

(d) where that person suffers from a disease or physical or mental disability which might cause his or her driving of a vehicle to be a source of danger to other persons.

(2) Except where a higher or lower speed limit is prescribed by this Act or the regulations or by a traffic sign prescribed by the minister or by regulations made by a council, a driver shall not drive a vehicle at a speed greater than

(a) 100 kilometres an hour on paved portions of the Trans-Canada Highway;

(b) 80 kilometres an hour on paved highways other than the Trans-Canada Highway;

(c) 60 kilometres an hour on gravel highways; or

(d) 50 kilometres an hour

(i) through settlements,

(ii) when passing a school building or the grounds of school buildings between 8 a.m. and 5 p.m. on days when school is in session, or

(iii) when passing a church, theatre or other place of public assembly or its grounds while people are entering or leaving it.

(3) A person commits an offence who contrary to subsection (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; and

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

(4) Where a person who has been convicted of an offence under paragraph (3)(a), (b), (c) or (d) is convicted within a period of 2 years of an offence under paragraphs (3)(a), (b), (c) or (d), the new offence shall be considered as a 2nd or subsequent offence for the purpose of the imposition of a penalty.

1988 c33 s109

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Slow driving

111. (1) A driver shall not drive a vehicle at such a slow rate of speed as to impede or block the normal and reasonable movement of traffic then existing on a highway, except where it is necessary to do so for safe operation or to comply with this Part.

(2) A traffic officer may order a driver referred to in subsection (1) to increase his or her rate of speed, pull into the curb to allow other vehicles to pass or remove the vehicle from the highway.

(3) A person who fails to comply with an order given under subsection (2) is guilty of an offence.

1988 c33 s110

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Signalling change of direction, etc.

112. A driver of a vehicle who intends to pull in to or out from a curb, slow down, turn or change directions shall not do so without giving clearly the appropriate signal in accordance with this Part.

1988 c33 s111

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Driver to signal

113. (1) A person shall not turn a vehicle at an intersection unless the vehicle is in the proper position upon the roadway, as required by this Act, or turn a vehicle to enter a private road or driveway, or otherwise turn a vehicle from a direct course or move right or left upon a roadway unless and until that movement can be made with reasonable safety, and without giving an appropriate signal to traffic which may be affected by that movement.

(2) A signal of intention to turn left or right when required shall be given continuously for a sufficient distance before making the turn to warn traffic.

(3) A person shall not turn a vehicle that is stopped, standing or parked into a lane of traffic unless the movement can be made with reasonable safety and without giving a left turn signal or a right turn signal, whichever is appropriate, to the intended direction of travel.

1988 c33 s112

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Driver signals

114. (1) Where a signal is required, the driver shall give it by means of the vehicle turn signals, and in the event of there being no vehicle turn signals or their being inoperable, the driver shall give it by means of his or her hand and arm.

(2) When a driver of a vehicle gives a signal by hand and arm, he or she shall do so from the left arm side in the following manner:

(a) when making a left-hand turn, by extending the left arm horizontally beyond the left side of the vehicle;

(b) when making a right-hand turn, by extending the left arm vertically upwards, outside the left side of the vehicle; and

(c) when stopping or suddenly decreasing speed, by extending the left arm diagonally downwards, outside the left side of the vehicle.

(3) A driver of a right-hand drive vehicle shall not drive upon a highway unless

(a) the vehicle is equipped with a mechanical or electrical device of a type specified in the regulations or, if none is specified in the regulations, a mechanical or electrical device with which the vehicle was equipped by the manufacturer; or

(b) there is prominently displayed on the rear of the vehicle in bold face letters not less than 5 centimetres in height and of a colour contrasting with that of the vehicle the words "Right-Hand Drive Vehicle".

1988 c33 s113

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Turn at intersection

115. (1) A driver intending to turn right at an intersection shall approach the intersection and make the turn as close as practicable to the right-hand curb or edge of the roadway.

(2) A driver intending to turn left from a two-way highway into another two-way highway shall make the turn

(a) by driving to the right of, and as closely as practicable to, the centre line of the highway while approaching the intersection and turning; and

(b) upon leaving the intersection, by driving to the right of, and as closely as practicable to, the centre line of the highway then entered.

(3) Where more than 1 lane of a roadway has been designated as a left or right turn lane, the driver intending to turn left or right into an intersecting roadway shall approach the intersection in 1 of those lanes and leave the intersection in the lane of the intersecting roadway that corresponds to the lane from which the turn was started.

(4) A driver intending to turn left from a one-way roadway onto a two-way roadway shall make the left turn

(a) by driving as closely as practicable to the left side of the one-way roadway where it enters the intersection; and

(b) upon leaving the intersection by driving to the right of and as closely as practicable to the centre line of the two-way roadway entered.

(5) Where a driver of a vehicle intends to turn left at an intersection from a roadway on which traffic is permitted in both directions into a one-way roadway, he or she shall approach the intersection in the part of the right-half of the roadway that is nearest its centre line or on a laned roadway in the extreme left-hand lane available to traffic moving in the direction of travel of the vehicle and upon leaving the intersection shall drive as closely as practicable to the left-hand side of the one-way roadway entered.

(6) Where a driver of a vehicle intends to turn left at an intersection from a one-way roadway into another one-way roadway, he or she shall approach the intersection as closely as practicable to the left-hand curb or edge of the roadway and upon leaving the intersection shall drive as closely as practicable to the left-hand side of the other one-way roadway entered.

(7) Where at an intersection there is a traffic-control device indicating the course to be travelled by drivers turning at the intersection, a driver shall not turn a vehicle at the intersection in a manner other than as directed by the traffic-control device.

1988 c33 s114

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Turning to proceed in opposite direction

116. A driver shall not turn a vehicle on a highway so as to proceed in the opposite direction

(a) unless he or she can do so without interfering with other traffic; or

(b) where he or she is driving

(i) upon a curve,

(ii) upon an approach to or near the crest of a grade where the vehicle cannot be seen by the driver of another vehicle approaching from either direction within 150 metres, or

(iii) at a place where a sign prohibits making a U-turn.

1988 c33 s115

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Restriction on turning

117. (1) A driver shall not turn a vehicle at an intersection unless the vehicle is in the position upon the roadway required by section 115.

(2) A driver shall not turn a vehicle to enter a private road or driveway or otherwise turn the vehicle from a direct course or move right or left upon a roadway unless the movement can be made with reasonable safety.

(3) Where a signal of intention to turn right or left or to drive from one lane to another is required, a driver shall give the signal continuously for sufficient distance before making the turn to warn traffic or to make his or her intention known to a traffic officer on point duty.

(4) Where there is an opportunity to give a signal, a driver shall not stop or suddenly decrease the speed of a vehicle without first giving the appropriate signal under section 113 or 114.

1988 c33 s116

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Right-of-way

118. Except as provided in section 106,

(a) a driver approaching an intersection shall yield the right-of-way to traffic that has entered the intersection from a different highway; and

(b) when 2 vehicles enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.

1988 c33 s117

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Turning left in intersection

119. Where a driver is within an intersection and intends to turn left, he or she shall yield the right-of-way to traffic that is approaching from the opposite direction and is within the intersection or so close that it constitutes an immediate hazard, but, having yielded and given a signal in accordance with section 113 or 114, he or she may make a left turn and traffic approaching the intersection from the opposite direction shall yield the right-of-way to the vehicle making the left turn.

1988 c33 s118

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Driver to yield right-of-way

120. Where a driver is about to enter or cross a highway from a private road, alley, building, driveway or lane, he or she shall yield the right-of-way to traffic approaching on the highway and, having yielded, he or she may proceed with caution.

1988 c33 s119

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Right-of-way for emergency vehicles

121. Upon the immediate approach of an emergency vehicle giving an audible signal by a bell, siren or exhaust whistle and showing a visible flashing red light, except where otherwise directed by a traffic officer, the driver of a vehicle shall

(a) yield the right-of-way to the emergency vehicle;

(b) drive immediately to a position parallel to and as close as practicable to the right-hand curb or edge of the roadway, clear of an intersection; and

(c) stop and remain in that position until the emergency vehicle has passed.

1988 c33 s120

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Exception to right-of-way

122. The driver of a vehicle upon a highway with separate roadways need not stop upon meeting an emergency vehicle that is on a different roadway.

1988 c33 s121

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Privileges of emergency vehicle

123. (1) The driver of an emergency vehicle when responding to, but not when returning from, an emergency call or alarm, or when in pursuit of an actual or suspected violator of the law may

(a) exceed the speed limit; and

(b) stop or stand.

(2) The driver of an emergency vehicle shall not exceed the speed limit unless he or she is sounding an audible signal by bell, horn, siren or exhaust whistle and is showing a flashing red light where the vehicle is so equipped.

(3) The driver of an emergency vehicle who is exceeding the speed limit shall drive with due regard for safety having regard to all the circumstances of the case, including

(a) the nature, condition and use of the highway;

(b) the amount of traffic that is on or might reasonably be expected to be on the highway; and

(c) the nature of the use being made of the emergency vehicle at the time.

(4) A driver of an ambulance is considered to be responding to an emergency call from the time the driver receives the call until he or she arrives at the destination of the passenger.

(5) A driver of a vehicle, other than the driver of an emergency vehicle who is responding to an emergency call or alarm, shall not sound a siren.

(6) A driver of a vehicle, other than a vehicle carrying firefighting equipment returning from a fire alarm or other than the driver of an emergency vehicle who is responding to an emergency call or alarm, shall not show a flashing red light.

1988 c33 s122

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Pedestrians to comply with signals

124. Except where a traffic authority has otherwise provided, where traffic-control signals are operating, pedestrians shall comply with them in the manner provided in accordance with section 106.

1988 c33 s123

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Pedestrian in crosswalk

125. (1) Where traffic control signals are not in place or not in operation where a pedestrian is crossing the roadway within a crosswalk, a driver of a vehicle approaching the crosswalk in either direction shall yield the right of way to the pedestrian.

(2) A pedestrian shall not leave a curb or other place of safety and walk or run into the path of a vehicle that is so close that it is impracticable for the driver of the vehicle to yield.

(3) Where a vehicle is stopped at a crosswalk to permit a pedestrian to cross the roadway, the driver of a vehicle approaching from the rear shall not overtake and pass the stopped vehicle.

1988 c33 s124

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Pedestrian to yield

126. Where a pedestrian is crossing a roadway at a point other than within a crosswalk, the pedestrian shall yield the right-of-way to an approaching vehicle.

1988 c33 s125

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Duties of driver

127. A driver shall

(a) exercise due care to avoid colliding with a pedestrian who is upon a highway;

(b) give warning by sounding the horn when necessary; and

(c) observe appropriate precaution upon observing a child or an apparently confused or incapacitated person who is upon a highway.

1988 c33 s126

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Pedestrians to use sidewalks

128. (1) Where there is a sidewalk that is reasonably passable on either or both sides of a highway, a pedestrian shall not walk on a roadway.

(2) Where there is no sidewalk, a pedestrian walking along or upon a roadway or the shoulder of a highway shall, where practicable walk only on the left side of the roadway or the shoulder of the highway facing traffic approaching from the opposite direction and no more than 2 persons shall walk abreast on the roadway.

(3) A person shall not be on a roadway for the purpose of soliciting a ride, employment or business from the occupant of a vehicle.

1988 c33 s127

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Bicyclists

129. (1) Except as provided in this section, a person riding a bicycle upon a highway has the same rights and duties as a driver.

(2) A person who is riding a bicycle,

(a) shall not ride on a sidewalk;

(b) subject to paragraph (a), shall ride as near as practicable to the right-hand curb or edge of a roadway;

(c) shall not ride abreast of another person who is riding a bicycle upon a roadway;

(d) shall keep at least 1 hand on the handle bars;

(e) shall not ride other than upon or astride a regular seat of the bicycle;

(f) shall not use the bicycle to carry more persons at one time than the number for which it is designed and equipped;

(g) shall not carry on the bicycle an object of a kind which is of a size, weight or shape or so placed that it may interfere with the proper operation or control of the bicycle;

(h) shall not ride a bicycle on a highway where signs prohibit its use; and

(i) shall not ride a bicycle on a roadway where there is a usable path intended for the use of bicycles adjacent to the roadway.

1988 c33 s128

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Towing of bicyclists, etc. prohibited

130. A person whether on foot or riding upon a bicycle, motor cycle, coaster, sled, toboggan, play vehicle or upon skates, roller skates, skis or skateboard or similar device shall not attach it or them or himself or herself by hand or other means to a vehicle upon a roadway.

1988 c33 s129

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Safety zone

131. A driver shall not drive a vehicle through or within a safety zone.

1988 c33 s130

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Railway crossing

132. (1) Where a driver of a vehicle is approaching a railway crossing at a time when

(a) a clearly visible electrical or mechanical signal device gives warning of the approach of a railway train;

(b) a crossing gate is lowered or a person holding a flag is giving a signal of the approach or passage of a railway train; or

(c) a railway train in dangerous proximity to a crossing is approaching the crossing and emits an audible signal or is visible,

the driver shall stop the vehicle not less than 5 metres from the nearest rail of the railway and shall not proceed until it is safe to do so.

(2) A driver shall not drive a vehicle through, around or under a crossing gate or barrier at a railway crossing while the gate or barrier is closed or is being opened or closed.

1988 c33 s131

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Stop sign at crossing

133. Where a stop sign has been erected at a railway crossing, the driver of a vehicle shall stop the vehicle not less than 5 metres from the nearest rail of the railway and shall not proceed until it is safe to do so.

1988 c33 s132

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Crossing tracks

134. (1) A driver of

(a) a vehicle carrying passengers for compensation;

(b) a school bus carrying a child; or

(c) a vehicle carrying explosive substances or inflammable liquids as cargo

before crossing a track of a railway, shall stop the vehicle not less than 5 metres from the nearest rail and, remaining stopped, shall listen and look in both directions along the track for an approaching train and for signals indicating the approach of a train and shall not proceed until it is safe to do so.

(2) Where a driver has stopped and is proceeding in accordance with subsection (1), the driver shall cross the railway track in a gear that will not need to be changed while crossing the track and the driver shall not shift gears while crossing.

(3) Subsection (1) does not apply where a traffic officer or traffic-control device directs traffic to proceed.

(4) Subsections (1) and (2) do not apply to industrial spur railway crossings within an urban district.

1988 c33 s133

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Driver caution required

135. The driver of a vehicle approaching the track of a railway shall proceed with caution to avoid a collision between the vehicle and an approaching train.

1988 c33 s134

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"Yield" signs

136. Except when a traffic officer directs otherwise, where there is a yield sign at an intersection, the driver of a vehicle approaching the sign shall

(a) slow down to a speed reasonable for the existing conditions or, where necessary for safety, stop at a clearly marked stop line or, where there is none, then immediately before entering the crosswalk on the near side of the intersection or, where there is no crosswalk, then immediately before entering the intersection; and

(b) shall yield the right-of-way to a pedestrian crossing the roadway on which the driver is driving and to traffic in the intersection or approaching on the intersecting highway so closely that it constitutes a hazard, and having yielded, the driver may proceed with caution.

1988 c33 s135

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Stopping for school buses

137. (1) The driver of a vehicle, upon a highway outside of the City of St. John's, upon meeting or overtaking from either direction a school bus that has stopped on a part of the highway or a loading zone provided at a school or other place where parking areas are provided for the purpose of receiving or discharging school children, or on which the visual signals signifying that the bus is about to stop have been activated by the driver,

(a) where there is in operation on the school bus a visual signal as specified in the regulations shall stop the vehicle before reaching the bus; and

(b) shall not proceed until the school bus resumes motion or he or she is signalled by the driver of the school bus to proceed or the visual signal is no longer activated.

(2) The driver of a school bus

(a) shall stop the vehicle in the roadway of the highway except where a loading zone has been provided at a school or other place where parking areas are provided for the purpose of receiving or discharging school children; and

(b) shall not unnecessarily delay the passing of other vehicles on the highway.

(3) Every school bus shall bear upon the front and rear of the bus plainly visible signs containing the words "SCHOOL BUS" in letters not less than 20 centimetres in height.

(4) Every school bus shall be equipped with visual signals as specified in the regulations which shall be activated by the driver of the school bus

(a) 30 metres in advance of coming to a stop on the highway; and

(b) when the school bus is stopped on the highway,

for the purpose of receiving or discharging school children.

(5) A person shall not operate a school bus upon a highway for a purpose other than the transportation of children to or from school or school-related activities unless all marks indicating that it is a school bus are concealed.

(6) The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or overtaking a school bus that is on a different roadway.

(7) The driver of a vehicle upon a controlled-access highway need not stop upon meeting or overtaking a school bus that is stopped in a loading zone that is a part of or adjacent to that highway and where pedestrians are not permitted to cross the roadway.

1988 c33 s136

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When engine and person astride a horse meet

138. (1) Where a traction engine is met or overtaken on a highway by a vehicle drawn by an animal or by a person astride a horse, the operator of the engine shall, where practicable, draw to the right and give the vehicle or person astride a horse at least 1/2 of the highway and, if requested by the other driver or person astride the horse, shall stop and remain stationary until the vehicle or person astride the horse has passed and shall, if so requested, help the driver or person astride the horse to pass.

(2) The operator or the person in charge of an engine referred to in subsection (1) shall see that it makes no avoidable noise by whistling or otherwise when an animal is passing or is near or is about to pass the engine on a highway.

1988 c33 s137

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Frightening animals

139. The driver of a motor vehicle shall, when upon a highway and approaching an animal, take reasonable precaution to avoid frightening the animal.

1988 c33 s138

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Parking on roadway prohibited

140. (1) Where outside of an urban district it is practicable to stop, park or leave a vehicle off the roadway, a person shall not stop, park or leave the vehicle either unattended or attended on the roadway.

(2) A person shall not park a vehicle so as to obstruct the free passage of traffic on the roadway.

(3) Subsections (1) and (2) do not apply when a vehicle is so disabled that it is not practicable to avoid stopping and temporarily leaving it on a roadway.

1988 c33 s139

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Parking directions by officer

141. Where a traffic officer engaged in the control of traffic gives directions as to parking or where a traffic sign on the highway indicates the place or position in which the vehicle shall be parked, the directions of the traffic officer and the indications of the signs apply notwithstanding the provisions of this Act relating to parking.

1988 c33 s140

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Parking near bus stop

142. Except where otherwise provided by a sign erected under this Act, a person shall not stop or park a vehicle within a distance of 20 metres from a bus stop or school bus stop erected under this Act or the regulations where the distance is measured from the sign in the direction from which traffic approaches the sign on the side of the highway on which the sign is erected.

1988 c33 s141

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Parking on private land

143. (1) Except with the permission of the owner of the land given either orally or in writing and without or subject to conditions, the driver of a vehicle shall not park the vehicle upon private land.

(2) A driver who receives permission under subsection (1) shall park the vehicle in accordance with the conditions to which the permission is subject or, where there are no conditions, as otherwise directed by the owner of the land.

(3) A driver who commits a breach of this section is guilty of an offence and liable on summary conviction to a fine of not less than $25 nor more than $100.

(4) A fine paid under subsection (3) shall, where a prosecution is taken and conducted in accordance with paragraph (6)(a), after deduction of the costs of the court be paid to the owner of the land.

(5) A court shall not convict an owner of a vehicle parked in contravention of this section where the court is satisfied that the owner did not park the vehicle and that the vehicle was parked contrary to the owner's instructions.

(6) Prosecutions under this section may be taken and conducted

(a) by and in the name of the owner of the land on which the vehicle is parked; or

(b) where the land in respect of which the offence was committed is owned by a church, school or hospital and whether or not the land forms part of the land on which the church, school or hospital is located

(i) by and in the name of a peace officer acting on a complaint of the owner or of a person representing the owner, or

(ii) by and in the name of a municipality.

(7) Nothing contained in this section is a bar to an action for trespass but, where

(a) an action for trespass is taken based on an occurrence which is a breach of this section, a prosecution shall not be taken under this section; or

(b) a prosecution is taken under this section, an action does not lie or shall not be taken for trespass based on the occurrence which gave rise to the prosecution.

(8) For the purpose of this section

(a) "driver" includes the owner of the vehicle;

(b) "owner", where the reference is to land and not to a vehicle, includes the lessee or occupier of the land;

(c) "park" means to permit a vehicle whether occupied or not to remain in a stationary position; and

(d) "person" includes a partnership.

(9) This section does not apply to land outside a municipality unless the land is surrounded by a fence or unless the owner by sign erected on the land or otherwise indicates that the land is private or that parking on it is prohibited or restricted.

1988 c33 s142

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Places where parking prohibited

144. Except where otherwise provided in an urban district by a traffic authority or where necessary to avoid conflict with traffic or to comply with the law or the directions of a traffic officer or traffic-control device, a person shall not stop, stand or park a vehicle on a highway so that the vehicle or a part of it is

(a) on a sidewalk or an area generally used or intended for use by pedestrians;

(b) in front of a public or private driveway or in front of an authorized loading door designated as that by the minister or a traffic authority;

(c) within an intersection or within 6 meters of an intersection;

(d) within 1 metre from the point on the curb or edge of the roadway immediately opposite a fire hydrant;

(e) within a crosswalk;

(f) within 6 metres of the approach of a crosswalk;

(g) within 10 metres upon the approach to a flashing beacon, stop sign or traffic-control signal located at the side of a roadway;

(h) within 6 metres either side of the entrance to or exit from a hotel, church, school, public meeting place, theatre, dance hall or playground;

(i) between a safety zone and the adjacent curb or within 10 metres of points on the curb immediately opposite the ends of a safety zone, unless a traffic authority indicates a different length by signs or markings;

(j) within 15 metres of the nearest rail of a railway crossing;

(k) within 7 metres of a driveway entrance to a fire station or on the side of a street opposite the entrance to a fire station within 100 metres of the entrance when properly marked with signs;

(l) alongside or opposite a street excavation or obstruction when stopping, standing or parking obstructs traffic;

(m) on the roadway side of a vehicle stopped or parked at the edge or curb of a roadway;

(n) upon a bridge or other elevated structure upon a highway, or within a highway tunnel; or

(o) in a place in contravention of a traffic-control device that gives notice that stopping, standing, or parking is there prohibited or restricted.

1988 c33 s143

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Parking on right side

145. Except where a traffic authority otherwise permits, a driver shall not stop, stand or park a vehicle on a highway other than on the right side of the highway parallel to that side and, where there is a curb, with the wheels within 30 centimetres of the curb.

1988 c33 s144

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Parking in dangerous position

146. A person in charge of a vehicle shall not permit the vehicle or a trailer attached to the vehicle to remain at rest on a highway in a position or condition or under circumstances likely to cause danger to other persons using the highway.

1988 c33 s145

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Parking where not visible to traffic

147. A person shall not park a vehicle upon a highway in a position that it is not visible to approaching traffic in both directions on the highway for a distance of 60 metres, except for the purpose of repairing the vehicle when repairs to the vehicle on the highway are necessary.

1988 c33 s146

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Parking of vending vans

148. The owner or operator shall not permit to remain in a stationary position a vehicle or trailer designed and used for the purpose of preparing for sale or selling cooked foodstuffs, candy, bottled or other beverages, tobacco or cigarettes, on a highway outside a municipality or, within a municipality, on a highway which is not under the management or control of the municipality.

1988 c33 s147

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Authority to remove vehicles

149. (1) Where

(a) a vehicle is standing or parked on a highway contrary to section 140, 144, 145, 146, 147 or 148 or in a position that causes or may cause it to interfere

(i) with the ploughing of or removal of snow or ice from the highway,

(ii) with firefighting,

(iii) with the normal flow of traffic on the highway,

(iv) with the construction, improvement, alteration, extension, widening, marking or repair of the highway, or

(v) with the carrying out of an undertaking of a department of the government of the province; or

(b) a vehicle on a highway is in such a state of repair that it would or might be hazardous to other users of the highway for the vehicle to operate on the highway,

a traffic officer, an employee of the department or a person authorized generally or particularly by the minister for the purpose may remove the vehicle or order the owner or person in charge of the vehicle to remove it to a place selected by the officer, employee or the person so authorized.

(2) The owner or person in charge of the vehicle who receives an order under subsection (1) shall remove it in accordance with the order, or the officer, employee or the person so authorized may take the vehicle into custody and remove it and keep it until the owner pays to the department the costs and expenses and the additional amount provided by subsection (7).

(3) Where a vehicle is left unattended or apparently abandoned or without proper identification plates upon or near a highway or upon Crown land or other land owned or occupied by the Crown adjoining a highway for a period in excess of 48 hours, the minister may give oral or written notice to the owner of the vehicle, where known to the minister, to remove the vehicle and the owner shall remove the vehicle within 48 hours after the notice is given.

(4) Where the owner of a vehicle referred to in subsection (3) is not known to the minister or cannot immediately be found, written notice by the minister requiring the vehicle to be removed within 48 hours may be placed on or in the vehicle by a person authorized generally or particularly by the minister for the purpose and this shall be considered notice to the owner.

(5) Where the owner of a vehicle referred to in subsection (3)

(a) has been given notice in accordance with that subsection and has failed to remove the vehicle in accordance with that subsection; or

(b) was unknown to the minister or could not be found and notice was given in accordance with subsection (4) and the vehicle was not removed within the time required by the notice,

a traffic officer, an employee of the department or a person authorized generally or particularly by the minister for the purpose may remove the vehicle in accordance with subsection (1) and the vehicle shall be disposed of in accordance with subsection (6) or (8).

(6) Where the owner of a vehicle referred to in subsection (3) in respect of which notice was given in accordance with that subsection or subsection (4) has failed to remove the vehicle within the time required by the notice, the minister may remove the vehicle to a dump and abandon it there.

(7) The owner of a vehicle removed under subsection (1), (2), (5) or (6) shall pay to the department all costs and expenses incurred in connection with the removal and in addition, except in the case of removal under subsection (6), an amount for storage fixed by the minister.

(8) Where the owner of a vehicle removed under subsection (1), (2) or (5) does not within 60 days after the date of removal pay the costs and expenses and the additional amount for storage provided by subsection (7), the minister may sell the vehicle by public auction of which 10 days' notice shall be given in a newspaper circulating in the area in which the vehicle was found and the proceeds of the sale after deducting the cost of removal and the costs of and incidental to the auction and the amount for storage shall be returned to the owner where the owner is known and where the owner is not known shall be paid into the Consolidated Revenue Fund.

(9) Where the vehicle referred to in subsection (8) cannot be sold at that auction it becomes the absolute property of the Crown and the minister may dispose of it as the minister considers appropriate.

(10) The minister may by action in a court recover as a civil debt due the Crown from the owner the costs and expenses and the additional amount for storage referred to in subsection (7) and the costs of and incidental to an auction referred to in subsection (8).

(11) An action or other legal proceeding does not lie and may not be brought against a traffic officer or an employee of the department or against the minister or a person authorized by the minister under this section in respect of anything done under this section where the action or other proceeding is not based on malfeasance or misfeasance.

(12) A traffic officer, an employee of the department or a person authorized generally or particularly by the minister for the purpose may remove the identification plates from a vehicle referred to in paragraph (1)(b) which has been removed from the highway under that subsection or subsection (2) and the owner of the vehicle or another person having possession of the vehicle licence issued in respect of that vehicle shall surrender the vehicle licence to the traffic officer, employee or other person who removes the identification plates.

(13) A traffic officer, employee or other person who removes identification plates or receives a vehicle licence under subsection (12) shall immediately forward the plates and licence to the registrar with a report of the condition of the vehicle from which the plates were removed and the registrar shall not return the plates and licence to the owner of the vehicle unless and until the registrar is satisfied that the vehicle has been put in such a state of repair that it is no longer hazardous to other users of a highway.

1988 c33 s148

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Unattended vehicle

150. The driver of a motor vehicle shall not permit it to stand unattended on a highway without first having

(a) stopped the engine;

(b) locked the ignition;

(c) removed the key;

(d) effectively braked the vehicle; and

(e) when standing on a grade, having turned the front wheels to the curb or edge of the roadway.

1988 c33 s149

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Backing vehicles

151. A driver shall not back a vehicle unless the movement can be made with reasonable safety and without interfering with traffic.

1988 c33 s150

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Operation of motor cycle

152. (1) A person who is operating a motor cycle

(a) shall not ride other than upon or astride a regular seat attached to the motor cycle;

(b) shall keep both hands on the handlebars of the motor cycle, except when making a signal in accordance with this Act; and

(c) shall keep both feet on the pedals or footrests of the motor cycle.

(2) A person, other than the operator, shall not ride on a motor cycle unless

(a) it is designed and equipped by the manufacturer of the motor cycle to carry more than 1 person;

(b) the person, other than the operator, rides on a seat attached to the motor cycle and designed to carry a passenger; and

(c) the motor cycle has separate handgrips and a separate set of standard footrests for the use of the passenger riding on that seat.

(3) A person who is operating a motor cycle shall not permit another person to ride on it in violation of subsection (2).

1988 c33 s151

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Motor cycle on highway

153. Except when overtaking and passing another motor cycle, a person operating a motor cycle on a highway shall not drive it alongside another motor cycle travelling in the same direction but shall drive it behind or in front of the other motor cycle.

1988 c33 s152

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Motor cycle equipment

154. (1) A person shall not operate or ride on a motor cycle upon a highway unless

(a) that person is wearing a helmet that complies with the regulations and that is properly fastened; and

(b) where the motor cycle is not equipped with a windshield that is of a height to give adequate protection to the eyes, that person is wearing a face shield, safety glasses, or goggles in the proper manner.

(2) A passenger on a motor cycle that is being operated upon a highway shall wear a helmet that complies with the regulations and shall insure that the helmet is properly fastened.

1988 c33 s153

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Window obstruction

155. A person shall not drive a motor vehicle on a highway where

(a) there is in or upon the windshield, sidewings, side or rear windows or the openings for any of them a sign, poster or other nontransparent material other than a certificate, sticker or other device required by this Act or the regulations to be displayed on it or approved by the minister;

(b) there is on the exterior or in the interior of the vehicle an ornament, decoration, novelty or other thing so located that it may obstruct the vision or distract the attention of the driver;

(c) the windshield, sidewings, side or rear windows are so covered, either completely or partially, by snow, ice, mist, dirt or other matter that the vision of the driver is obscured or obstructed; or

(d) the glass of the windshield, sidewings, side or rear windows or any of them or where the rear-view mirror is cracked, starred, crazed, discoloured or otherwise affected so as to reduce its transparency or impair the driver's view in any direction or under any conditions including the view by means of a rear-view mirror.

1988 c33 s154

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Obstruction of driver

156. (1) A person shall not move a vehicle on a highway where

(a) the driver's view to the front, sides or rear of the vehicle; or

(b) the driver's control over the driving mechanism of the vehicle,

is obstructed or interfered with because of the load or the number of persons in the front seat.

(2) A passenger in a vehicle shall not occupy a position which interferes with

(a) the driver's view to the front or to the side of the vehicle; or

(b) the driver's control over the driving mechanism of the vehicle.

(3) The driver of a vehicle shall not permit a passenger in the vehicle to occupy a position which interferes with

(a) the driver's view to the front or to the side of the vehicle; or

(b) the driver's control over the driving mechanism of the vehicle.

1988 c33 s155; 1990 c43 s13

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Projecting load

157. A person shall not drive on a highway a vehicle carrying a load which projects more than 2 metres beyond the rear-most part of the vehicle, excluding the tailboard but the minister or a person authorized by the minister to do so may give a written permit to a person applying for one, for the carrying of a load so projecting, on those occasions and subject to those conditions that shall be specified in the permit and subject to this Act.

1988 c33 s156

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Obstruction of traffic by persons

158. Persons shall not congregate in a place on or near a highway in a way that they obstruct traffic or interfere with the movement of traffic.

1988 c33 s157

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Coasting down grade

159. When travelling down a grade, a driver of a vehicle shall not cause the vehicle to coast with the gears of the vehicle in neutral or the clutch disengaged.

1988 c33 s158

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Following emergency vehicle

160. (1) A driver of a vehicle other than an emergency vehicle shall not follow an emergency vehicle closer than 150 metres or drive or park within 150 metres of the place on the same highway on which fire apparatus has stopped in answer to a fire alarm.

(2) Unless a person has received consent of the fire department official in command, he or she shall not drive a vehicle over an unprotected hose of a fire department when laid down on a highway or private driveway at a fire or an alarm of fire.

1988 c33 s159

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Flagperson

161. Where a person with a flag or sign is controlling the movement of traffic around the section of a highway being worked upon a person shall not drive or operate a vehicle other than as directed by the person with the flag or sign.

1988 c33 s160

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Officer may direct traffic

162. Where a traffic officer reasonably considers it necessary

(a) to ensure orderly movement of traffic;

(b) to prevent injury or damage to persons or property;

(c) to permit proper action in an emergency; or

(d) to stop a motor vehicle on a highway to ensure that this Act and the regulations are being complied with,

the officer may direct traffic according to his or her discretion, notwithstanding anything in this Part, and every person shall obey the officer's directions.

1988 c33 s161

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Littering highway

163. (1) A person shall not throw, deposit or leave on a highway, rubbish, or refuse or waste or glass, nails, tacks, scraps of metal or other material which may injure tires of vehicles.

(2) A person who removes a wrecked or damaged vehicle from a highway shall remove glass or other injurious substance or thing dropped upon the highway from the vehicle.

1988 c33 s162

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Driving on sidewalk

164. Except when entering or leaving a driveway or lane or when entering upon or leaving land adjacent to a highway, a driver shall not drive a vehicle upon a sidewalk or paved shoulder.

1988 c33 s163

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Opening vehicles' doors

165. A person shall not

(a) open the door of a vehicle upon a highway without first taking precautions to ensure that this act will not interfere with the movement of or endanger another person or vehicle; or

(b) leave a door of a vehicle upon a highway open on the side of the vehicle available to moving traffic for a period of time longer than is necessary to load or unload passengers.

1988 c33 s164

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Warning devices

166. (1) A person shall not operate upon a highway a bus, school bus or a vehicle registered as having a maximum gross mass in excess of 2,500 kilograms, unless there are carried in that vehicle, for the purpose of warning the travelling public of an emergency breakdown,

(a) 2 safety red triangles meeting specification that may be prescribed in the regulations; or

(b) other warning devices of a type approved by the minister and consisting of at least 2 flares, reflectors, fuses or red lanterns, and at least 2 red flags of a minimum size of 30 centimetres by 30 centimetres.

(2) An operator of a motor vehicle of a type referred to in subsection (1) shall, when an emergency breakdown takes place upon a highway and when the vehicle is left in a position so that a portion of it projects onto the roadway,

(a) place the 2 safety red triangles referred to in paragraph (1)(a) upon the highway, 1 at a distance of approximately 30 metres in front of the vehicle and the other at a distance of approximately 30 metres behind the vehicle;

(b) when that emergency breakdown takes place during daylight, place the 2 red flags referred to in paragraph (1)(b) upon the highway, 1 at a distance of approximately 30 metres in front of the vehicle and the other at a distance of approximately 30 metres behind the vehicle; or

(c) when that emergency breakdown takes place during darkness, place 2 of the flares, reflectors, fuses or red lanterns referred to in paragraph (1)(b) upon the highway, 1 at a distance of approximately 30 metres in front of the vehicle and the other at a distance of approximately 30 metres behind the vehicle.

(3) For the purpose of this section, "darkness" means the period from 1/2 hour before sunset to 1/2 hour after sunrise and other occasions when there is not sufficient light to render clearly discernible a substantial object on the highway at a distance of 60 metres and "daylight" means the balance of the 24 hour day.

1988 c33 s165

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Winter equipment

167. (1) The minister may, by order, prohibit vehicles from being driven or operated on a highway where those vehicles are not equipped with chains or winter tires or both and a person who does not comply with the order is guilty of an offence.

(2) An order made under this section may

(a) define by reference to type, make, condition or otherwise the standard of chains or winter tires to which the order applies;

(b) specify the road conditions which shall exist during the application of the order;

(c) make different provisions for different vehicles or classes of vehicles;

(d) apply without limitation as to time, or for the period in each or every year specified in the order; or

(e) be made applicable to the area defined in the order, and different orders may make different provisions for each area.

1988 c33 s166

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Racing on highways

168. A person shall not drive a vehicle or bicycle in a race with another vehicle or bicycle on a highway.

1988 c33 s167

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Accident information

169. (1) The driver of a vehicle involved in an accident shall

(a) stop the vehicle at the scene of the accident;

(b) give to a traffic officer and to anyone sustaining loss or injury and, upon request, to a person at the scene of the accident his or her name, address, the name and address of the registered owner of the vehicle where the owner is a person other than the driver, the registration number of the vehicle and show his or her driver's licence to those persons;

(c) produce proof or evidence that a policy or a certificate evidencing a policy under section 75, is in force with respect to the vehicle upon the request of a traffic officer or a person sustaining loss or injury at the scene of the accident; and

(d) give to a person injured in the accident reasonable assistance, including the carrying of that person to a physician or surgeon for medical or surgical treatment where it is apparent that that treatment is necessary or where it is requested by the injured person.

(2) The driver of a vehicle that collides with an unattended vehicle shall stop and either locate and notify the driver or owner of the unattended vehicle of the name and address of the driver, the number of the driver's licence and the registration number of the vehicle striking the unattended vehicle or shall leave in a conspicuous place in the vehicle struck a written notice giving the information referred to above.

(3) Where the driver cannot locate the other driver or owner or cannot leave the notice required under subsection (2), the driver shall report the details of the collision as soon as possible to a peace officer having jurisdiction where the collision occurred.

(4) The driver of a vehicle involved in an accident resulting in damage to property upon or adjacent to a highway, other than a vehicle under subsections (2) and (3), shall take reasonable steps to locate and notify the owner or person in charge of the property of that fact and of the name and address of the driver, the number of the driver's licence and the registration number of the vehicle.

(5) Where the driver cannot locate the owner or person in charge of the property referred to in subsection (4), he or she shall report the details referred to in subsection (4) to a peace officer having jurisdiction where the accident occurred.

(6) Where an accident occurs by which a person or property is injured, directly or indirectly, owing to the presence or operation of a bicycle on a highway, the person in charge of the bicycle shall

(a) remain at or immediately return to the scene of the accident;

(b) give reasonable assistance; and

(c) give to anyone sustaining loss or injury, and to a traffic officer who is present, his or her name and address and also the name and address of the owner of the bicycle, and, where the bicycle has been licensed and registered the licence or registration number of the bicycle.

(7) Where the accident referred to in subsection (6) results in death or injury to a person or injury to property causing total damage apparently exceeding $250, the person in charge of the bicycle shall immediately make a written report of the accident and shall mail or deliver the report to the nearest peace officer or police station.

1988 c33 s168

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Accident involving property

170. (1) Where an accident results in injury or death to a person or in property damage to an apparent extent of $1,000 or more, the driver of the vehicle involved in the accident shall immediately report the accident to the nearest peace officer having jurisdiction in the area where the accident occurs.

(2) Where the driver referred to in subsection (1) is incapable of making the report required by that subsection and there is another occupant of the vehicle capable of making the report, the occupant shall make the report required to be made by the driver.

(3) Where a report has not been made under subsection (1) or (2) and the driver or occupant is not the owner of the vehicle, the owner shall immediately after learning of the accident make the report.

(4) Where the driver referred to in subsection (1) is the owner, and is alone and incapable of making the report required by that subsection he or she shall make the report immediately after becoming capable of making it.

1988 c33 s169

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Report by peace officer

171. (1) A peace officer who has witnessed or investigated an accident shall immediately forward to the Chief of Police or the Officer Commanding the Royal Canadian Mounted Police Force in the province a written report, in a form to be prescribed by the registrar, setting out full particulars of the accident including the names and addresses of the persons involved and the extent of the personal injuries or property damage and the Chief of Police or the Officer Commanding shall send a copy of the report to the registrar and to the minister.

(2) Where a report has been made under section 169, 170 or this section, the registrar or the minister may require the driver involved or a peace officer or person having knowledge of the accident or of personal injuries or property damage resulting from the accident to provide additional information or to make a supplementary report.

1988 c33 s170

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Garage to report accident

172. (1) Where a motor vehicle that shows evidence of having been involved in a serious accident or having been struck by a bullet is brought into a garage, parking station, parking lot, used-car lot or repair shop, the person in charge of the place into which the vehicle is brought shall immediately report that fact to the nearest peace officer or police station, giving the name and address of the owner or operator and also the identification plate number and a description of the vehicle.

(2) A report need not be made under this subsection (1) where the owner or operator of the vehicle is also the person in charge of the place into which the vehicle is brought and has made a report under section 169 which includes the information required under subsection (1).

(3) A Provincial Court judge who investigates or holds an inquiry respecting the death of a person from an accident in which a vehicle was involved shall immediately upon the conclusion of the investigation or inquiry make a written report to the registrar giving the time and place of the accident, the name of the person killed and the name and address of the driver of the vehicle involved.

1988 c33 s171

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Admissibility of report

173. A written report or statement made or provided under section 169, 170, 171 or 172

(a) is not open to public inspection; and

(b) is not admissible in evidence for any purpose in a trial arising out of the accident except to prove

(i) compliance with section 169, 170, 171 or 172, or

(ii) falsity in a prosecution for making a false statement in the report or statement.

1988 c33 s172

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Availability of information

174. (1) A person involved in an accident and a person or an insurance company that has paid or may be liable to pay for damages resulting from an accident in which a motor vehicle is involved and a solicitor, agent or other representative of the person or company is entitled to the information that may appear in a report made under section 169, 170, 171 or 172 in respect of

(a) the date, time and place of the accident;

(b) the identification of vehicles involved in the accident;

(c) the name and address of the parties to or involved in the accident;

(d) the names and addresses of witnesses to the accident;

(e) the names and addresses of persons or bodies to whom the report was made;

(f) the name and address of a peace officer who investigated the accident;

(g) the weather and highway conditions at the time of the accident;

(h) an estimate of damages sustained by a person involved in the accident; and

(i) the name and address of an insurance company that has issued a policy insuring a party to or involved in an accident, together with the policy number applicable to that policy.

(2) A person shall not make a false statement in a report made or purporting to be made under section 169, 170, 171 or 172.

(3) In a prosecution for violation of section 169, 170 or 172, a certificate purporting to be signed by the registrar that a required report has or has not been made is, in the absence of evidence to the contrary, proof of the facts stated in the certificate.

(4) In a prosecution for failure to make a report required by section 169, 170 or 172 in respect of an accident the place of the offence shall be considered to be the place where the accident occurred.

1988 c33 s173

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Inspector may weigh vehicle

175. (1) An inspector may weigh a vehicle on a portable or stationary weighing machine or scales and for the purpose of weighing the vehicle the inspector may

(a) stop the vehicle by,

(i) placing on or as near as possible to the roadway a sign ordering all vehicles or all vehicles of a certain class to stop for weighing, or

(ii) signalling manually to the driver of the vehicle to stop;

(b) order the driver of the vehicle to drive and the driver shall drive the vehicle to the nearest weighing machine or scales where they are within a distance of 16 kilometres;

(c) order the driver of the vehicle to help and the driver shall help in and facilitate the weighing of the vehicle by driving the vehicle upon the weighing machine or scales and performing the other acts that the inspector requires or considers necessary for the purpose of weighing the vehicle and its load; and

(d) where the driver of the vehicle does not obey the order given under paragraph (b) or (c), drive or authorize some other person to drive the vehicle to and upon the nearest weighing machine or scales where they are within a distance of 16 kilometres and perform the other acts that the inspector requires or considers necessary for the purpose of weighing the vehicle and its load.

(2) Instead of proceeding to a weighing machine or scales the mass of a vehicle and load referred to in subsection (1) may be determined by a portable weighing device provided by the inspector and subsection (1) applies to the weighing of a vehicle and load under this subsection.

(3) Where a vehicle is weighed under subsection (1) or (2) and it is found that the maximum gross mass or the axle mass of the vehicle exceeds that permitted by the regulations or by a sign applicable to that portion of the highway on which the vehicle was stopped, the inspector may order the driver of the vehicle to and the driver shall remove from the vehicle so much of the load as is necessary to bring the maximum gross mass or the axle mass of the vehicle within the mass permitted on that portion of the highway.

(4) An action does not lie against an inspector or the minister or another person in respect of damage done to a vehicle or its load or loss sustained by a person as a consequence of anything done or ordered to be done under this section where the action is not based on malfeasance or misfeasance.

(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 and liable on summary conviction to a fine of not less than $100 nor more than $500 and in default of payment to imprisonment for a term of not more than 30 days.

(6) An allegation that compliance with an order under this section would or might damage the tires, wheels, axles or other part of the vehicle in respect of which the order is made is not a defence in a prosecution for failure to comply with that order.

1988 c33 s174

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Radar detectors

176. (1) A person shall not have the care and control of a motor vehicle that is equipped with or that carries or contains a device capable of detecting or interfering with radar or other electronic equipment that may be used for measuring the speed of motor vehicles.

(2) Subsection (1) does not apply to

(a) a motor vehicle used by a peace officer in the course of his or her duties; or

(b) a motor vehicle used by a person in conducting a traffic survey authorized by the minister.

(3) Where a peace officer apprehends a person operating a motor vehicle contrary to subsection (1), the peace officer may seize the device or equipment and it is forfeited to the Crown.

(4) A person shall not, without the approval of the minister, sell or offer for sale a device capable of detecting or interfering with radar or other electronic equipment that may be used for measuring the speed of vehicles.

1988 c33 s175; 1990 c43 s14

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Offence

177. A person shall not knowingly employ, cause or permit another person to drive a vehicle contrary to this Part.

1988 c33 s176

PART VI
SEAT BELT SYSTEMS

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Seat belts

178. (1) In this section

(a) "seat belt assembly" means a device or assembly composed of straps, webbing or similar material that restrains the movement of a person in order to prevent or mitigate injury to the person and includes a pelvic restraint or a pelvic restraint in combination with a torso restraint; and

(b) "child seating and restraint system" means a system that may be prescribed by regulations made under this section.

(2) A person shall not operate on a highway a vehicle in which a seat belt assembly required under the Motor Vehicle Safety Act (Canada) at the time that the vehicle was manufactured or imported into Canada has been removed, rendered partly or wholly inoperative, or modified so as to reduce its effectiveness.

(3) A person, who operates on a highway a vehicle in which a seat belt assembly is provided for the driver, shall wear the complete seat belt assembly in a properly adjusted and securely fastened manner but, where a seat belt assembly comprises a pelvic restraint and a torso restraint which are not joined, the driver shall be required to wear the pelvic restraint only.

(4) A person who is a passenger on a highway in a vehicle in which a seat belt assembly is provided for the seating position occupied by the passenger shall wear the complete seat belt assembly in a properly adjusted and securely fastened manner but, where a seat belt assembly comprises a pelvic restraint and a torso restraint which are not joined, the passenger shall be required to wear the pelvic restraint only.

(5) Subsections (3) and (4) do not apply to a person

(a) driving a vehicle in reverse;

(b) who holds a certificate signed by a qualified medical practitioner 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;

(c) who is actually engaged in work which requires the person to alight from and re-enter a vehicle at frequent intervals and who, while engaged in the work, does not drive or travel in that vehicle at a speed exceeding 50 kilometres an hour; or

(d) under the age of 16 years.

(6) A person shall not operate on a highway a vehicle in which there is a passenger who

(a) has reached the age of 5 years, or

(b) whose weight exceeds 18 kilograms

and who is under 16 years of age and occupies a seating position for which a seat belt assembly has been provided, unless that passenger is wearing the complete seat belt assembly in a properly adjusted and securely fastened manner.

(7) Subsection (6) does not apply where the passenger

(a) is the holder of a certificate signed by a qualified medical practitioner certifying that the passenger 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;

(b) is actually engaged in work which requires the person to alight from and re-enter the vehicle at frequent intervals and the vehicle does not travel at a speed exceeding 50 kilometres an hour; or

(c) is occupying and properly secured in a child seating and restraint system as prescribed under the regulations.

(8) A person shall not operate on a highway a vehicle in which there is a passenger who is under 5 years of age or whose weight does not exceed 18 kilograms, unless that passenger is occupying and properly secured in a child seating and restraint system as prescribed under the regulations.

(9) Subsection (8) does not apply where the passenger is the holder of a certificate signed by a qualified medical practitioner certifying that the passenger is

(a) for the period stated in the certificate, unable for medical reasons to be secured in a child seating and restraint system; or

(b) because of size, build or other physical characteristic, unable to be secured in a child seating and restraint system.

(10) The minister may, with the approval of the Lieutenant-Governor in Council, make regulations

(a) prescribing the requirements for child seating and restraint systems for the purpose of this section; and

(b) providing for the exemption from this section of

(i) a type or class of vehicle, or

(ii) a class of drivers or passengers in vehicles.

1988 c33 s177; 1990 c43 s15

PART VII
TRAFFIC SIGNS AND DIRECTIONS

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Traffic signs

179. (1) The minister may by regulations prescribe traffic signs or symbols in addition to but not in conflict or inconsistent with those referred to in Part V

(a) to regulate the movement of traffic;

(b) to indicate the route to be followed by traffic;

(c) to restrict or prohibit the use of a part of a highway by traffic generally or for purposes specified on the signs;

(d) to prohibit the driving of vehicles on a highway otherwise than in a certain direction;

(e) to indicate maximum or minimum speed limits in an area or on a part of a highway so that vehicles driven faster than the maximum or slower than the minimum speed limit indicated shall be taken to have failed to conform to the indication given by the sign;

(f) notwithstanding a regulation limiting the speeds at which motor vehicles may be driven upon a highway, to increase or reduce the maximum or minimum speed limit at which motor vehicles may be driven on the highway and indicating by words, symbols, figures or letters

(i) the portion, or the beginning and the end of the portion, of the highway on which, and

(ii) the period within which or the hours or days during which

the increased or reduced maximum or minimum speed limit is in force;

(g) to restrict or prohibit the parking of vehicles in an area or on a part of a highway;

(h) to restrict or prohibit temporarily the use of a highway or a part of a highway by vehicles where it appears to the minister to be necessary;

(i) to limit loads which may be carried on a highway or part of a highway;

(j) to warn users of a highway of the need for special caution;

(k) to give notice of dangerous places;

(l) to notify users of a highway of a prohibition or restriction which has been imposed by this Act or the regulations; or

(m) to convey information to users of a highway.

(2) Regulations made under subsection (1) may

(a) prescribe that a word, figure, sign, symbol, design, coloured light or other feature of a sign or pavement marking shall be interpreted as giving a particular direction to traffic and may prescribe and explain the action required to comply with the directions; and

(b) provide for the exemption of a class of vehicles specified in the regulations from the obligation of complying with the direction given by a traffic sign or pavement marking and the conditions under which the exemption may be enjoyed.

1988 c33 s178

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Identification of sign

180. The minister may by regulation prescribe for traffic signs or symbols or a class of them a special means of identification which may consist of a characteristic design, shape, colour, mark or other means of identification.

1988 c33 s179

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Application of signs

181. (1) A highway or portion of a highway to which a traffic sign or symbol applies may be defined by the sign or by the erection of a sign at each end of the highway or portion of the highway but where a sign is intended to prohibit the passage of vehicles on a highway, signs shall be erected at each end of the highway or portion of the highway to which the prohibition is to apply and at the other points that the minister may determine.

(2) A traffic sign or symbol may refer to specific classes of traffic but shall refer to vehicular traffic generally in the absence of a special indication in the sign or this Act or in a regulation with reference to the sign.

(3) A traffic sign or symbol may refer to particular periods of the day or of the year or to a limited period but, in the absence of a special indication in the sign or in this Act or in a regulation with reference to the sign or symbol, shall apply at all times until lawfully removed.

1988 c33 s180

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Placing of signs

182. (1) The minister may place or permit traffic signs or symbols to be placed on or near a highway.

(2) The existence on or near a highway of a traffic sign or symbol referred to in this Act or prescribed by the regulations is, in the absence of evidence to the contrary, proof that the sign or symbol was erected and is maintained by the minister or a traffic authority in accordance with this Act where the sign or symbol purports to regulate the use of the highway.

1988 c33 s181

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Minister may delegate authority

183. The minister may delegate to the Deputy Minister of Works, Services and Transportation authority to determine the highways or portions of highways to which traffic signs or symbols shall apply and the points at which traffic signs or symbols may be placed and the minister may authorize the Deputy Minister of Works, Services and Transportation in turn to delegate that authority to those other persons or classes of persons that the minister may indicate by name, office or employment.

1988 c33 s182

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Unauthorized signs

184. (1) A person shall not place or maintain or display upon or in view of a highway a sign, signal, symbol or device or marking which purports to be or is an imitation of or resembles a traffic sign or symbol.

(2) A traffic officer, an employee of the department authorized for the purpose by the minister or an employee of a council authorized for the purpose by the council may order the removal of a sign, symbol or object resembling a traffic sign or symbol or may effect the removal of the sign, symbol or object and the minister or the council may recover summarily as a civil debt from the person who erects the sign, symbol or object the expense incurred in removing it.

(3) A traffic officer, an employee of the department or an employee of a council referred to in subsection (2) may enter on land and exercise the other powers that may be necessary for the purposes of the exercise and performance of the powers granted under that subsection.

1988 c33 s183

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Traffic sign

185. A person shall not injure, deface, remove or interfere with a traffic sign or symbol or a notice or obstruction lawfully placed on a highway under this Act.

1988 c33 s184

PART VIII
REGULATIONS

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Regulations

186. The Lieutenant-Governor in Council may make regulations

(a) prescribing fees to be paid on

(i) the registration of vehicles,

(ii) the issue of vehicle licences, dealers' licences, identification plates, dealers' plates, stickers, markers and permits or duplicates of any of them,

and prescribing different fees in respect of different vehicles or different classes or descriptions of vehicles or of the same vehicles or classes or descriptions of vehicles when used for different purposes or in respect of vehicles to be operated only on certain highways or in certain parts of the province or during particular periods, and in particular in respect of passenger vehicles, motor cycles, trailers, commercial motor vehicles, taxis, buses, school buses, traction engines and dual-control training vehicles;

(b) prescribing fees to be paid on the transfer of ownership of a vehicle;

(c) providing for the issue of drivers' licences

(i) for different or certain periods of time,

(ii) with different expiry dates, or

(iii) of different colours, or

(iv) for all or any of the matters referred to in subparagraphs (i), (ii) and (iii);

(d) providing that a driver's licence or the registration of a motor vehicle may be considered valid for a period of 30 days from the date of payment of the prescribed fee where a person pays the prescribed fee at a bank;

(e) prescribing fees to be paid for the issue of a driver's licence or a duplicate and prescribing different fees in respect of a driver's licence issued for different periods of time or for the same period of time or in respect of different classes of drivers' licences or licences to drivers to operate different classes of vehicles and in particular those classes of vehicles established by regulations made under section 195;

(e) prescribing fees for a certificate that the registrar may issue;

(f) providing for the remission of fees or a part of them paid under this Act and prescribing the conditions under which they may be remitted;

(g) exempting vehicles from registration and prescribing the restrictions, terms and conditions upon which those vehicles may be exempted from registration;

(h) providing for a demerit point system for drivers and in particular,

(i) requiring the registrar to keep a record of the convictions specified in the regulations of each driver, whether resident or non-resident, for offences under this Act or the regulations or regulations made by a municipality under section 189 or for an offence under the Criminal Code involving the use of a motor vehicle,

(ii) prescribing the number of points which the registrar shall assess against the record of each driver in respect of the convictions referred to in subparagraph (i),

(iii) requiring the registrar to give a warning notice to a driver after a certain number of points, which shall be specified in the regulations, have been assessed against that driver,

(iv) requiring the registrar to request a driver to appear before him or her or a person that the regulations may provide for after more than a specified minimum number of points but not more than a higher specified number of points have been assessed against the driver, for an interview, with a view to helping the driver to improve his or her driving habits,

(v) providing for the suspension of the driver's licence of a driver who fails or refuses to attend an interview referred to in subparagraph (iv) until that driver attends and participates in that interview,

(vi) enabling the registrar to order a driver who attends an interview referred to in subparagraph (iv) to undergo a medical examination or driver's test or both and to suspend the driver's licence of that driver until he or she complies with the order,

(vii) enabling the registrar to suspend the licence of a driver as a result of the report of a medical examination or driver's test referred to in subparagraph (vi),

(viii) enabling the registrar to suspend or cancel the driver's licence of a driver against whom the registrar has assessed a number of points specified in the regulations within a period of time specified in the regulations and providing for the period of suspension or for the period within which a driver's licence shall not be issued to a driver whose licence has been cancelled,

(ix) providing for the issuing of a driver's licence to a person whose licence has been suspended or cancelled under regulations made under subparagraph (viii) to operate a motor vehicle of the class specified on the licence and for conditions under which the licence may be issued or to which it shall be subject,

(x) prescribing conditions under which the registrar may reduce the period of suspension provided for in regulations made under subparagraph (viii),

(xi) requiring the registrar in the case of a driver who is not a resident of the province to notify the official responsible for the administration of motor vehicle laws in the jurisdiction outside the province where that driver lives that the driver has been convicted of an offence referred to in subparagraph (i) and the number of points assessed against the record of the driver in this province,

(xii) defining probationary drivers,

(xiii) prescribing the period during which a person shall be classed as a probationary driver,

(xiv) prescribing the circumstances under which the driver's licence of a probationary driver shall be cancelled or suspended and the length of the suspension,

(xv) prescribing circumstances under which a probationary driver may be required to attend before an official of the department for an interview and those examinations that may be required,

(xvi) prescribing circumstances under which a probationary driver may be required to produce evidence with regard to successful completion of a driver improvement course approved by the minister, and

(xvii) prescribing modifications to the demerit point system where it applies to probationary drivers and exempting probationary drivers from a provision of the demerit point system.

1988 c33 s185; 1990 c43 s16

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Minister may make regulations

187. (1) The minister may make regulations respecting the operation of vehicles on highways and for regulating vehicular and other traffic on highways and in particular,

(a) regulating the width, height and length of motor vehicles and trailers, and the loads which may be carried by them on highways;

(b) regulating the maximum mass, laden and unladen, of motor vehicles and trailers and the conditions under which the masses may be required to be tested;

(c) prescribing particulars to be marked on motor vehicles and trailers;

(d) regulating the towing or drawing of vehicles by motor vehicles or traction engines;

(e) prescribing the conditions under which a person who is learning to drive may drive a motor vehicle on a highway;

(f) fixing the maximum or minimum speeds at which motor vehicles may be driven upon a highway;

(g) regulating the use of specified highways or parts of highways either absolutely or subject to conditions, including conditions as to place and direction of entry and departure, and either generally or at or between specified times;

(h) regulating the routes or directions to be followed by vehicles from one specified point to another;

(i) regulating the relative position in the roadway of traffic of differing speeds or types;

(j) prescribing highways or parts of highways which may be specially designated and attaching special responsibility to drivers of vehicles entering those highways or parts of highways;

(k) prescribing the places where vehicles may not turn so as to face in the opposite direction to that in which they were proceeding or where they may so turn only under conditions prescribed by the regulations;

(l) regulating the carriage of loads of exceptionally heavy mass or exceptionally large dimensions on highways;

(m) regulating the number and dimensions and mass of trailers which may be drawn on highways by vehicles;

(n) regulating the loading and unloading of articles onto or from vehicles on specified highways;

(o) regulating the transportation of inflammable substances on highways;

(p) regulating the stopping of vehicles in specified highways for the purposes of picking up or discharging passengers;

(q) regulating the maximum mass of loads which may be carried by commercial motor vehicles on highways and the maximum gross mass at which vehicles may be operated;

(r) regulating the manner in which and the times and places at which and the conditions on which vehicles may draw up, stand, park, wait or be left unattended on highways;

(s) for the purpose of paragraph (r) defining the expressions "draw up", "stand", "park", "wait" and "unattended";

(t) regulating the parking, standing or waiting of vehicles on highways, in order to facilitate snow ploughing, snow removal or street cleaning;

(u) prescribing rules as to procedure to be observed as between vehicles proceeding in the same direction or in opposite directions or when crossing;

(v) prescribing the signals to be used by traffic officers engaged in regulating traffic;

(w) regulating the leading or driving of horses, cattle, sheep and other animals on highways;

(x) regulating the manner and prescribing the conditions subject to which and the times at which horses may be ridden on highways;

(y) prescribing places in highways and other public places where vehicles may or may not wait, either generally or at particular times, and the manner of placing those vehicles;

(z) regulating the erection or placing and the removal of works or objects likely to hinder the free circulation of traffic on a highway or likely to occasion danger to passengers or vehicles;

(aa) regulating the reservation of highways or parts of highways for parking purposes and the charging and collection of fees for parking, by means of mechanical appliances, and generally in respect of other matters in connection with parking for which the minister considers regulations necessary;

(bb) respecting the securing of loads carried by motor vehicles and trailers;

(cc) respecting the registration of mopeds and the operation of mopeds on a highway;

(dd) designating buses as school buses or exempting buses from the designation of being school buses; and

(ee) for enabling the department in the event of a person failing to do anything which under the regulations that person ought to have done, to do the act and to recover the expenses of doing the act from the person so in default as a civil debt.

(2) The minister may make different regulations under subsection (1) in respect of different classes or descriptions of vehicles or traffic and in respect of the same class or description of vehicles or traffic in different circumstances and the minister may make regulations to apply generally or to a particular part of the province or to particular places or highways or parts of highways or classes of highways and generally or during particular periods or at or between specified times or on specified occasions or at specified times only or in particular circumstances or conditions only and may prescribe exceptions or limitations in favour of or against vehicles or traffic of a particular class or kind or vehicles operated for a specified purpose.

(3) A person who acts in contravention of a regulation made under this section is guilty of an offence, but a regulation may state that it is for the purposes of direction and in that case a contravention does not constitute an offence.

(4) A regulation made by the minister under this section may provide that failure by a person to comply with it or that failure to comply with the indication given by a traffic sign or to exercise special caution when a sign for warning users of the highway of the need for special caution is displayed shall not of itself make that person liable to prosecution under this Act but that a failure of that kind may in a proceeding be relied upon by a party to the proceedings as tending to establish or negate the liability which is in question in those proceedings.

(5) A person shall not operate a motor vehicle or trailer on a highway where the motor vehicle or trailer does not comply with regulations applicable to the class or description of vehicles to which the vehicle belongs as to construction, mass or equipment of the vehicle.

(6) Subject to the approval of the Lieutenant-Governor in Council, the minister may, in a regulation made under subsection (1), prescribe penalties, in addition to the penalties prescribed by this Act, for failure to comply with or other contravention of

(a) the regulations; or

(b) a term or condition prescribed in or in respect of or attached to a permit or licence issued under the regulations,

and the additional penalties so prescribed may be imposed by a court.

1988 c33 s186

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Police orders

188. (1) The Chief of Police may in respect of a part of the province in which the Royal Newfoundland Constabulary performs policing duties and the commanding officer of the Royal Canadian Mounted Police in the province may in respect of a part of the province in which the Royal Canadian Mounted Police performs policing duties make and publish in the Gazette. and in an appropriate newspaper, orders

(a) as to the line to be kept by persons driving or riding a vehicle or animals on a highway;

(b) as to the manner in which vehicles may be drawn up while waiting on a highway;

(c) as to the route to be observed by a vehicle, horses and persons; and

(d) for preventing obstructions on a highway in a case where the highway is likely to be thronged or obstructed.

(2) The Chief of Police or the commanding officer of the Royal Canadian Mounted Police may give directions to traffic officers for the purpose of regulating traffic in the neighbourhood of public offices, churches, theatres and other places of public resort.

(3) Every breach of an order made or directions given under subsections (1) and (2) constitutes a separate offence.

1988 c33 s187

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Municipal regulations

189. (1) The minister may by order delegate to the council of a municipality power to make regulations, which shall not conflict with this Act,

(a) fixing the maximum or minimum speeds at which motor vehicles may be driven upon a highway in the municipality;

(b) regulating the use of specified highways or parts of them either absolutely or subject to conditions, including conditions as to place and direction of entry and departure and either generally or at or between specified times;

(c) regulating the routes or directions to be followed by vehicles from one specified point to another;

(d) regulating the relative position in the roadway of traffic of differing speeds or types;

(e) prescribing the places where vehicles may not turn so as to face in the opposite direction to that in which they were proceeding or where they may so turn only under conditions prescribed by the regulations;

(f) regulating the loading and unloading of articles onto or from vehicles on specified highways;

(g) regulating the stopping of vehicles on specified highways for the purpose of picking up or discharging passengers;

(h) regulating the manner in which and the times and places at which and the conditions on which vehicles may draw up, stand, park, wait or be left unattended on highways;

(i) for the purpose of paragraph (h) defining the expressions "draw up", "stand", "park", "wait" and "unattended";

(j) regulating the parking, standing or waiting of vehicles on highways, in order to facilitate snow ploughing, snow removal or street cleaning;

(k) regulating the leading or driving of horses, cattle, sheep and other animals on highways;

(l) regulating the manner and prescribing the conditions subject to which and the times at which horses may be ridden on highways;

(m) prescribing places on highways and in other public places where vehicles may or may not wait, either generally or at particular times, and the manner of placing those vehicles;

(n) regulating the reservation of highways or parts of highways for parking purposes and the charging and collection of fees for parking, by means of mechanical appliances, and generally in respect of other matters in connection with parking for which the council considers regulations necessary; and

(o) for enabling the council, in the event of a person failing to do anything which under the regulations that person ought to have done, to do that act and to recover the expenses of that act from the person so in default as a civil debt.

(2) A council to which the minister has delegated power under subsection (1) may make different regulations under that subsection in respect of different classes or descriptions of vehicles or traffic and in respect of the same class or description of vehicles or traffic in different circumstances, and may make regulations to apply generally or to a particular part of the municipality or to particular places or roads, streets or bridges and generally or during particular periods or at or between specified times or on specified occasions or at specified times only or in particular circumstances or conditions only, and may prescribe exceptions or limitations in favour of or against vehicles or traffic of a particular class or kind of vehicles operated for a specified purpose.

(3) Subject to the approval of the minister, a council may make regulations under subsection (1) specifying penalties.

(4) A council which makes regulations in respect of a matter referred to in paragraphs (1)(a) to (n) may appoint 1 or more peace officers to enforce the regulations.

(5) A peace officer appointed under subsection (4) has and may exercise within the limits of the municipality under the control and management of the council the powers of a peace officer in connection with the enforcement of the regulations made by the council under subsection (1).

(6) Notwithstanding subsection (7), regulations made by a council under subsection (1) have effect only within the limits of the municipality and in respect of those roads, streets, lanes, sidewalks and bridges within the municipality the ownership, management or control of which is vested in the council and, subject to the approval of the minister, in respect of a highway which passes through the municipality and the ownership, management and control of which is not vested in the council.

(7) A council to which the minister has delegated the power to make regulations under subsection (1) has and shall be considered to have had power to amend or revoke and substitute other regulations for regulations made by the minister under section 187 on a matter referred to in subsection (1) and regulations made under subsection (1) prevail over regulations made under section 187 in respect of those matters referred to in subsection (1) of this section.

(8) Regulations made by a council under subsection (1) shall be published in the Gazette and in at least 1 other newspaper circulating in the municipality and shall have effect from the date of publication in the Gazette or from a later date that may be specified in the regulations.

1988 c33 s188

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Council's powers

190. (1) A council to which the minister has delegated power under subsection 189(1) has, with the approval of the minister, which approval may be given to the council generally or with respect to particular traffic signs or classes of traffic signs, the power to place on a road, street, lane, sidewalk, bridge or highway referred to in subsection 189(5) traffic signs referred to in Part V or prescribed by regulations made by the minister under Part VII.

(2) Section 181 applies to traffic signs placed on a highway under subsection (1).

1988 c33 s189

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St. John's Traffic Commission

191. The St. John's Municipal Council may delegate to a commission, to be known as "The St. John's Traffic Commission" consisting of 7 persons appointed annually by the council, all or any of the powers delegated to the council or approved by the minister under sections 189 and 190 and those sections shall apply to the commission as if it were a council to which powers were delegated or approved by the minister under those sections.

1988 c33 s190

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Corner Brook Traffic Commission

192. The Corner Brook City Council may delegate to a commission, to be known as "The Corner Brook Traffic Commission", appointed annually by the council, all or any of the powers delegated to the council or approved by the minister under sections 189 and 190 and those sections shall apply to the commission as if it were a council to which powers were delegated or approved by the minister under those sections.

1988 c33 s191

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Mount Pearl Traffic Commission

193. The Mount Pearl City Council may delegate to a commission, to be known as "The Mount Pearl Traffic Commission," appointed annually by the council, all or any of the powers delegated to the council or approved by the minister under sections 189 and 190 and those sections shall apply to the commission as if it were a council to which powers were delegated or approved by the minister under those sections.

1988 c33 s191.1

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Regulations re: instructors

194. (1) The minister may make regulations

(a) regulating the issue of certificates to instructors;

(b) prescribing the qualifications required to be met by an instructor before a certificate is issued to him or her in accordance with regulations made under paragraph (a);

(c) regulating the conditions under which an instructor may instruct persons learning to drive;

(d) prescribing the equipment for dual-control training vehicles and other motor vehicles to be used by instructors in the instruction of persons learning to drive; and

(e) prohibiting a person from advertising or otherwise holding himself or herself out for compensation as an instructor or instructing a person for compensation where he or she does not hold a certificate issued in accordance with regulations made under paragraph (a) and a licence issued by the registrar under regulations made under section 195.

(2) In this section

(a) "dual-control training vehicle" means a motor vehicle equipped with at least 2 brake pedals and 2 steering wheels and so designed that the vehicle can be operated from either the right or left hand position; and

(b) "instructor" means a person who is the holder of a valid driver's licence and operates a motor vehicle for the purpose of instructing another person with regard to the skill and knowledge necessary for the safe operation of a motor vehicle.

1988 c33 s192

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Regulations respecting equipment

195. (1) The minister may make regulations for the better administration of Parts II and III

(a) regulating the equipment and appliances which shall be installed in or form part of a vehicle to ensure its safe operation and control, to protect passengers being carried in the vehicle and other persons and vehicles using the highway, and to eliminate or reduce noise or other nuisances incidental to the operation of the vehicle and in particular regulating

(i) the steering gear,

(ii) the number and nature of the brakes,

(iii) the installation and operation of lights, including headlights, tail lights, brake lights, identification lights, parking lights, clearance lights, directional lights, spotlights, fog lamps and other auxiliary lights, distinguishing lights for use on emergency vehicles and other classes of vehicles which may be specified in the regulations, lights on animal-drawn vehicles and lights on bicycles,

(iv) signalling devices other than directional lights,

(v) warning devices,

(vi) mufflers,

(vii) windshields and other windows and the provision and use of windshield wipers,

(viii) rear-view mirrors,

(ix) the installation and operation of radios and televisions sets in vehicles,

(x) warning lights or flags to be affixed at the end of objects protruding beyond the rear end of a vehicle,

(xi) the installation and use of mud flaps on vehicles,

(xii) tail boards,

(xiii) tires,

(xiv) the installation and maintenance of draw bars on trailers, and

(xv) the installation and maintenance of guards on propellers of snowmobiles and snowplanes;

(b) regulating the equipping of vehicles with luggage racks and carriers and the packing or stowage of luggage;

(c) regulating the sale or other transfer of vehicles whose equipment and appliances do not comply with the regulations;

(d) providing for the designation of inspectors to inspect vehicles;

(e) requiring or providing for the inspection of vehicles on a highway or elsewhere generally or under circumstances or for purposes specified in the regulations;

(f) providing for the classification of vehicles on the basis of the results of an inspection and the issue of certificates of classification;

(g) prescribing standards to be met by a vehicle on an inspection before it may be operated for specified purposes or at all and prohibiting the use of a vehicle which does not meet those standards or providing for its use subject to prescribed conditions or restrictions;

(h) requiring that equipment and appliances referred to in the regulations be efficient and kept in good working order;

(i) regulating the use of equipment and appliances on vehicles which may cause annoyance or danger to persons or other vehicles using the highway or damage to highways;

(j) regulating the use of horns, bells, sirens or other devices or appliances used to give warning of the approach of vehicles;

(k) prescribing the colour of school buses or a class of school buses or of the same class used in different circumstances or for different purposes;

(l) regulating the operation of taxis, a class of taxis or certain taxis and in particular regulating or prescribing

(i) the conduct of passengers in taxis and the drivers of them,

(ii) the documents, plates, markers and marks to be carried and the manner in which they are to be carried and displayed,

(iii) the taking up and setting down of passengers,

(iv) the carriage of luggage and goods on taxis, and

(v) the equipment to be carried in taxis or on them;

(m) regulating the equipment to be carried on and the operation of buses or school buses and in particular regulating or prescribing

(i) the conduct of passengers in them,

(ii) the conduct of persons acting as drivers or conductors of buses or school buses,

(iii) the documents, plates, markers and marks to be carried and the manner in which they are to be carried and displayed,

(iv) the taking up and setting down of passengers,

(v) the carriage of luggage and goods on buses or school buses,

(vi) the equipment to be carried on buses or school buses, and

(vii) the number of passengers a bus or school bus is adapted to carry and the maximum number who may be carried;

(n) prescribing plates or markers or both which may be issued by the registrar in addition to the identification plates referred to in section 16 or the identification plate and marker or the markers referred to in paragraphs 34(1)(a) and (b) and the conditions under which the plates or markers or both prescribed under this paragraph may be issued, and regulating the affixing to vehicles of the plates and markers so prescribed;

(o) prescribing the method and the indicator by which the expiry month applicable to the annual renewal of each vehicle licence shall be determined;

(p) regulating the transfer of ownership of vehicles;

(q) establishing, for the purpose of the issuing of drivers' licences, classes of motor vehicles;

(r) regulating the issuing of and prescribing the qualifications for drivers' licences to drivers of different classes of vehicles;

(s) prescribing the minimum age of persons to whom drivers' licences may be issued for the operation of motor vehicles including prescribing a different minimum age in relation to licences to operate different classes of motor vehicles;

(t) prescribing the number of years of experience required to operate different classes of motor vehicles;

(u) providing for different medical tests and standards that the registrar may require before issuing a licence to operate a particular class of motor vehicle;

(v) providing for the endorsement of drivers' licences to authorize the holders of them to operate vehicles equipped with air brakes;

(w) regulating the issue of those licences or permits other than those specified in this section that may, in the opinion of the minister, be necessary or desirable in respect of the operation of vehicles;

(x) prescribing the qualifications of persons to be appointed to examine applicants for drivers' licences; and

(y) varying or supplementing the provisions of section 55 on the subject of instruction in driving.

(2) The minister may in addition to or instead of regulations made under paragraphs (1)(a), (b) and (g) adopt by reference and constitute as regulations the whole or part or provisions of a code adopted or standards fixed, with or without modification and including amendments now or afterward made, by the Canadian Standards Association and a certificate of the minister that a document is a copy of a code or standard referred to in this subsection or an extract from, a modification of or an amendment to a code or standard is without further proof presumptive evidence of the content of that code or standard or extract or amendment.

(3) The minister may, in addition to or instead of regulations made under subsection (1), adopt, with or without modification, by reference and constitute as regulations the whole or a part or a provision of a medical code adopted or standards fixed, and including amendments to a medical code or standard now or afterward made, by the Canadian Medical Association.

(4) A certificate of the minister that a document is a copy of a code or standard referred to in subsection (3) or an extract is without further proof presumptive evidence of the content of that code or standard or extract or amendment.

1988 c33 s193

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Inspection stations

196. (1) The Lieutenant-Governor in Council may make regulations

(a) governing the registration of official inspection stations;

(b) authorizing the performance of motor vehicle inspections and tests by qualified persons;

(c) prescribing the conditions that shall attach to the establishment and registration of official inspection stations;

(d) prescribing the qualifications of persons who may perform inspections or tests;

(e) prescribing the records that shall be kept, and the manner in which they shall be kept, respecting work performed in the course of, or in connection with, an inspection;

(f) providing for the examination of records kept in connection with an inspection by those persons that the registrar may designate;

(g) providing the means to identify official inspection stations;

(h) providing the means to identify those persons authorized to perform inspections and tests;

(i) prescribing the inspections and tests to which motor vehicles, or classes of motor vehicles, are to be submitted;

(j) prescribing when or how often motor vehicles are to be submitted to inspections and tests;

(k) prescribing the fee that the registrar may charge for the registration of an official inspection station;

(l) prescribing the fee that the registrar may charge an official inspection station for inspection certificates;

(m) requiring the owners of vehicles that do not pass an inspection or test to take the action that is necessary so that the vehicles will be able to pass the inspections and tests; and

(n) prescribing penalties for violations of the regulations made under this section including the revocation of authorization to perform motor vehicle inspections and tests issued under the regulations.

(2) The owner of every motor vehicle registered under this Act shall submit the vehicle to the periodic inspections and tests that are required by the regulations.

1988 c33 s194

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Regulations re: Safety Code

197. (1) The minister may make regulations to give effect in the province to the National Safety Code for commercial motor vehicles and trailers

(a) prescribing the maximum period for which a driver may operate a commercial motor vehicle without a period of rest;

(b) prescribing training programs that a commercial motor vehicle carrier shall establish for employees including driver training, maintaining records, first aid, preventive vehicular maintenance, vehicle inspection and the handling of dangerous goods;

(c) prescribing records that a commercial motor vehicle carrier shall maintain;

(d) prescribing preventive maintenance programs that a commercial motor vehicle carrier shall establish and the records to be maintained respecting those repairs;

(e) prescribing performance records to be kept by the registrar respecting commercial motor vehicle carriers and drivers;

(f) prescribing periods of suspension where, because of fatigue, medication, drugs, alcohol, general physical condition or other impairment, an inspector considers a driver unsuitable to operate a commercial motor vehicle and prescribing the fee for the return of a driver's licence suspended under the regulations;

(g) prescribing standards for loading commercial motor vehicles and penalties for contravening those standards;

(h) prescribing a system of rating the performance of commercial motor vehicle carriers and prescribing penalties, including suspension, which may be assessed against those carriers having an unsatisfactory rating;

(i) prescribing the procedure for an inspector to conduct an audit of the records of a commercial motor vehicle carrier for the purpose of determining whether regulations made under the National Safety Code are being complied with; and

(j) prescribing inspections of a commercial motor vehicle that a driver of a commercial motor vehicle shall perform and the reports required concerning those inspections.

(2) The minister may, subject to the approval of the Lieutenant-Governor in Council, prescribe a penalty for a contravention of the regulations made under subsection (1).

(3) In this section "commercial motor vehicle carrier" means a person, partnership or corporation that owns, leases or is responsible for the operation of a commercial motor vehicle for the purpose of transporting passengers or goods.

1988 c33 s195; 1990 c43 s17

PART IX
LEGAL PROCEEDINGS, MISCELLANEOUS OFFENCES AND PENALTIES

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Limitation period

198. (1) An action shall not be brought against a person for the recovery of damages on account of injury to a person or damage to property occasioned by or arising out of the ownership, maintenance, operation or use of a motor vehicle after the expiration of 2 years from the time when the cause of action arose.

(2) Where death is caused by the injury or damage referred to in subsection (1), the action shall be brought within the time limited by sections 5 and 6 of the Fatal Accidents Act.

(3) Notwithstanding subsections (1) and (2), where an action is brought within the time limited by this Act for the recovery of damages occasioned by a motor vehicle and a counterclaim is made or 3rd party proceedings are instituted by a defendant in respect of damage occasioned in the same accident, the lapse of time limited by this section is no bar to the counterclaim or 3rd party proceedings.

(4) Subsections (1), (2) and (3) do not apply to an action for recovery of damages occasioned by a motor vehicle the identity of which and of the driver and owner of the motor vehicle could not be ascertained by all reasonable efforts on the part of the person bringing the action within a reasonable time from the time when the damages were sustained.

(5) Where an action is brought against a non-resident for the recovery of damages occasioned by a motor vehicle the court may order the defendant to post security for a judgment that may be given and order the motor vehicle to be detained until the security has been posted.

1988 c33 s196; 1990 c62 s13

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Contract void

199. A contract for the conveyance of a passenger in a bus or school bus is void so far as it purports to

(a) negate or to restrict the liability of a person in respect of a claim that may be made against that person in respect of the death of or bodily injury to the passenger while being carried in or entering or alighting from the vehicle; or

(b) impose conditions with respect to the enforcement of that liability.

1988 c33 s197

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Liability of owner

200. (1) Without effect upon the liability of the driver of a vehicle, the owner of a vehicle is liable for loss or damage sustained by a person because of negligence in the operation of the vehicle unless the vehicle was without the owner's consent in the possession of some person other than the owner.

(2) A person driving a vehicle who is living with and as a member of the family of the owner of the vehicle shall be considered to be in possession of it with the owner's consent unless the contrary is proved.

1988 c33 s198

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Time limit for prosecution

201. (1) A prosecution for an offence under this Act or the regulations or under regulations made under section 189 shall be started and process served not later than 1 year after the offence was committed except where, under subsection (2), the minister or a council, as the case maybe, has in a regulation prescribed that prosecutions for offences under that regulation shall be started within some other period.

(2) The minister in making regulations and a council in making regulations under section 189 may prescribe a period within which a prosecution for an offence under the regulations shall be started but the period shall not exceed 1 year after the offence is committed.

1988 c33 s199

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Power of arrest

202. A peace officer may arrest without warrant a person who the officer believes on reasonable grounds has committed an offence or who the officer finds committing an offence other than one for which a penalty is prescribed in the Schedule.

1988 c33 s200

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Detention of vehicle

203. (1) A peace officer may remove to and detain at an appropriate place a motor vehicle

(a) with which an offence was committed or the owner or driver of which has been arrested, until the final disposition of a prosecution under this Act or the Criminal Code or another Act; or

(b) which has directly or indirectly, been involved in an accident resulting in bodily injury to or the death of a person or damage to property in an amount apparently exceeding $500.

(2) The owner or driver of a motor vehicle that has been detained under subsection (1) may, after giving at least 24 hours' written notice to the peace officer in charge in the place where the motor vehicle is detained, apply to the Provincial Court judge having jurisdiction in that place for the release of the motor vehicle.

(3) On hearing the application made under subsection (2) the Provincial Court judge may order the release of the motor vehicle subject to those conditions that the Provincial Court judge imposes where the applicant gives security satisfactory to the Provincial Court judge for the production of the motor vehicle where required.

(4) The Attorney General may, where a person referred to in this section is convicted of an offence, recover as a civil debt from the owner of the motor vehicle that was used in the commission of the offence and that was detained under this section the costs and charges for the removal, detention, care and storage of that vehicle and those costs and charges constitute a lien in favour of the Crown while the vehicle is held in detention and, subject to a prior encumbrance registered under the Bills of Sale Act, the Attorney General may enforce the lien in the manner provided in section 45 of the Mechanics' Lien Act.

1988 c33 s201

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Action barred

204. An action or other legal proceeding shall not be taken or brought against the Attorney General or a peace officer in respect of anything done under section 203 where the action or other legal proceeding is not based on malfeasance or misfeasance.

1988 c33 s202

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Refusal to give information

205. (1) Where a driver or a passenger who contravenes this Act or the regulations or regulations made under section 189 refuses to give his or her name and address or gives a false name or address to a peace officer or a person having reasonable grounds for requiring the name or address that driver or passenger is guilty of an offence.

(2) Where the driver of a vehicle is alleged to be guilty of an offence under this Act or the regulations or regulations made under section 189 or of an offence involving dishonesty towards a passenger or with respect to goods or freight on a vehicle

(a) the owner of the vehicle shall give the information that may be required by a peace officer as to the identity of the driver and on failing to do so is guilty of an offence unless the court is satisfied that the owner did not know and could not with reasonable diligence have ascertained who the driver was; and

(b) another person shall where required in accordance with paragraph (a) give any information that it is in the person's power to give and that may lead to the identification of the driver and a person who fails to do so is guilty of an offence.

1988 c33 s203

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Offence

206. A person who fails to comply with or otherwise contravenes

(a) this Act or the regulations, including a regulation made in exercise of a power delegated to a council of a municipality under section 189 or an order made under this Act or the regulations; or

(b) a term or condition prescribed in or in respect of or attached to a permit or licence issued under this Act or the regulations

and who in respect of the failure or contravention has not been declared guilty of an offence by another provision of this Act is guilty of an offence.

1988 c33 s204

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Second or subsequent offence

207. For the purposes of this Act except section 110, and the regulations and regulations made under section 189, an offence shall not be considered a 2nd or subsequent offence unless it has been committed within 1 year from the date of the last previous offence.

1988 c33 s205

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Penalties in Schedule

208. (1) Notwithstanding the Summary Proceedings Act, unless otherwise provided by this Act or the regulations or regulations made under section 189, a person who has been convicted of an offence under this Act or the regulations or regulations made under section 189 is liable to a fine of not more than the maximum and not less than the minimum amount prescribed for the offence in the Schedule and appearing in that Schedule opposite the number or letter or both of the section, subsection or paragraph and the statement of the offence and in default of payment of the fine or, where no fine is prescribed, to imprisonment for a term not exceeding the maximum and not less than the minimum period prescribed for that offence in that Schedule and appearing there opposite the number or letter of the section, subsection or paragraph and the statement of the offence.

(2) A person who is guilty of an offence under this Act for which a penalty has not been prescribed in another provision of this Act or in the Schedule shall be liable on summary conviction

(a) where the offence is a 1st offence, to a fine of not less than $30 and not more than $200 and in default of payment of a fine to imprisonment for a period not exceeding 3 months; and

(b) where the offence is a 2nd or subsequent offence to a fine of not less than $50 and not more than $500 and in default of payment of a fine to imprisonment for a period not exceeding 6 months.

(3) The Attorney General or a person authorized by the Attorney General in writing may, either before or after the institution of proceedings against a person for a violation of this Act referred to in the Schedule or for another violation of this Act or the regulations or regulations made under section 189, accept from the person alleged to have been guilty of the violation a payment of a sum not less than the minimum nor more than the maximum fine prescribed for the violation.

(4) A payment made under subsection (3) constitutes a full satisfaction, release and discharge of all penalties and imprisonments incurred by the person charged for the violation.

(5) The payment of an amount under subsection (3) has for the purpose of this Act the same effect as if the person paying the amount had been convicted for the violation in respect of which the amount was paid and a certificate or a copy of a receipt signed by the Attorney General or the person authorized by the Attorney General under subsection (3) to the effect that the amount has been paid is, in the absence of evidence to the contrary, proof of the conviction without further proof.

1988 c33 s206; 1990 c43 s18

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Late payment penalty

209. (1) Where a person who has been convicted of an offence under this Act or the regulations fails to pay the fine with respect to that offence within 60 days from the date of conviction, the person shall pay a late payment penalty in addition to the fine.

(2) The late payment penalty referred to in subsection (1) shall be

(a) in the case of a fine which is $50 or less than $50, $5;

(b) in the case of a fine which is greater than $50 and less than or equal to $100, $10; and

(c) in the case of a fine which is greater than $100, $10 plus an additional late payment penalty of $10 for each increment of a $100 fine or part of a $100 up to a maximum late payment penalty of $100.

1990 c43 s19

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Liability of owner for penalties

210. (1) The owner of a motor vehicle shall incur the penalties provided for a violation of this Act or the regulations, but the owner shall not incur the penalties for a violation of this Act or the regulations involving a motor vehicle that was in motion or had just stopped being in motion unless the owner was the driver of the motor vehicle.

(2) Where an owner can prove that at the time of the violation, the motor vehicle was in the possession of some person other than the owner without the owner's consent, the owner shall not incur the penalties provided for that violation.

(3) The owner of a motor vehicle, who incurs a penalty under subsection (1), is not liable to imprisonment.

1990 c43 s20

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Person presumptive owner of vehicle

211. The registration of a vehicle in the name of a person is for the purposes of this Act and the regulations presumptive evidence that that person is the owner of the vehicle.

1990 c43 s20

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Disposition of fines

212. (1) A penalty when collected, except a penalty imposed as a result of a complaint made by a peace officer appointed in accordance with section 189 for a breach of a regulation made under that section, shall be paid through the Department of Justice into the Consolidated Revenue Fund.

(2) A penalty collected as a result of a complaint made by a peace officer appointed in accordance with section 189 shall be paid over to the council concerned by the person collecting the penalty and that council shall make returns that the Minister of Justice may direct, showing the total amount of penalties collected during the period specified in the direction and giving additional information that the Minister of Justice may require.

1988 c33 s208

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Licence suspended

213. (1) Where a person who is disqualified from holding or obtaining a driver's licence by virtue of a conviction or order under this Act, the licence shall be and remain suspended for so long as the disqualification or prohibition continues in force.

(2) A licence suspended under subsection (1) or otherwise by this Act is of no effect during the time of suspension.

1988 c33 s209

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New vehicle standards

214. A person who deals in motor vehicles shall not sell, offer for sale, have in possession for sale or deliver for sale a new motor vehicle that does not

(a) conform to the standards; and

(b) bear the national safety mark the use of which is

prescribed for that vehicle by regulations made under the Motor Vehicle Safety Act (Canada).

1988 c33 s210

PART X
APPLICATION

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Application of Act to "way"

215. (1) The Lieutenant-Governor in Council may by order apply this Act or a provision to a way or a part of it which is not a highway as defined by paragraph (2)(aa), whether the way is privately owned or not, where, in the opinion of the Lieutenant-Governor in Council, it is used for the passage of vehicles to an extent that an order under this subsection is justified.

(2) Where an order is made under subsection (1) a provision of this Act so made applicable shall, subject to a limitation provided in the order, apply to the way as if it were a highway as defined by that paragraph.

(3) An order may be made under subsection (1) without limitation as to time or for a period specified in the order.

(4) For the purpose of this section "way" includes a road, street, route, avenue, parkway, driveway, square, place, bridge, culvert, viaduct, trestle and any other way.

1988 c33 s211

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SCHEDULE
Penalties

 

 

Penalty

Section and subsection or paragraph

Offence

A fine of not more than the dollar amounts specified

In default of payment of fine for no longer or shorter than time specified

 

 

Max.

Min.

Max.

Min.

13(1)

Non-resident failing to register commercial motor vehicle

900

360

30 days

20 days

17(2)

Dealer assigning or transferring licence

360

90

20 days

5 days

21

Operating service vehicle with dealer's plates attached

360

90

20 days

5 days

22

Using or hiring dealer's vehicle without registration

360

90

20 days

5 days

27

Using vehicle without dealer's plates attached

360

90

20 days

5 days

28(2)

Failure to return or deliver plate or vehicle licence

180

45

10 days

2 days

29

Failure to produce vehicle licence

100

25

5 days

1 day

30

Identification plates not securely fastened in proper position

100

25

5 days

1 day

31

Failure to keep identification plates clean

100

25

5 days

1 day

37

Failure to notify registrar of transfer of ownership

90

45

10 days

2 days

38

Failure to file change of address with registrar

90

45

10 days

2 days

39

Failure to notify registrar of change of name

100

25

10 days

1 day

42(a) (i)(A)

Driving or drawing unregistered or unlicensed vehicle not exceeding 4500 kg. M.G.M.

180

90

10 days

5 days

42(a) (i)(B)

Driving or drawing unregistered or unlicensed vehicle exceeding 4500 kg. but not exceeding 10900 kg. M.G.M.

900

180

30 days

10 days

42(a) (i)(C)

Driving or drawing unregistered or unlicensed vehicle exceeding 10900 kg. M.G.M.

1800

900

60 days

30 days

42(a) (ii)

Driving or drawing vehicle without identification or other plates, stickers or markers or dealer's plates

100

25

2 days

1 day

42(b)

Defacing or altering identification plate or marker

300

75

20 days

5 days

42(c)

Using vehicle with defaced mutilated or altered identification plate or marker

180

45

10 days

2 days

42(d)

Removing identification plate or marker without authority

360

90

10 days

3 days

42(e)

Using identification plate or marker other than that issued

180

65

20 days

5 days

42(f)

Using marker or number plate capable of being confused with identification plate or marker

360

90

20 days

5 days

42(g)

Failure to surrender identification plates

360

90

20 days

5 days

42(h)

Giving false name or address in application for registration of vehicle

360

90

20 days

5 days

42(i)

Applying for registration or having licence illegally

360

90

20 days

5 days

42(j)

Using or permitting use of fictitious plate or marker

360

90

20 days

5 days

42(k)

Failure to deliver plate or licence or give advice required to registrar

65

45

3 days

2 days

43(3)

Invalid or no driver's licence Second offence Subsequent

50 200 500

50 100 300

2 days 10 days 20 days

2 days
2 days 15 days

45(7)

Applying for driver's licence on behalf of another

360

90

20 days

5 days

45(8)

Non-disclosure by applicant of previous refusal

65

45

3 days

2 days

49(1)

Licensee failing to sign licence

100

25

5 days

1 day

49(2)

Licensee failing to produce licence upon request

100

25

5 days

1 day

50(1)

Failure to return licence to registrar on request

90

65

5 days

3 days

50(2)

Failure to return or deliver licence

100

25

5 days

1 day

51

Driving other than class of vehicles specified in licence

90

65

5 days

3 days

52

Using licence issued another person

360

90

20 days

5 days

53(1)

Unlawful operation under licence issued elsewhere

90

65

5 days

3 days

53(2)

Unlawful operation of motor cycle under licence issued elsewhere

90

65

5 days

3 days

54

Allowing unlicensed driver to drive

90

65

5 days

3 days

55(2)

Having person in addition to learner and instructor in vehicle

90

65

5 days

3 days

55(4)(b)

Motorcycle learner transporting passenger when prohibited

90

65

5 days

3 days

55(4)(c)(i)

Motorcycle learner not accompanied by licensed driver

90

65

5 days

3 days

55(4)(c) (ii)

Motorcycle learner accompanied by licensed driver under 18 years of age

90

65

5 days

3 days

55(4)(d)

Motorcycle learner operating after dark

90

45

5 days

3 days

55(4)(e)

Motorcycle learner operating vehicle on highway with speed limit in excess of 60 kph.

90

45

5 days

3 days

56(1)

Renting vehicle to person not licensed to drive

90

65

5 days

3 days

56(3)

Renting vehicle to person without inspecting licence

90

65

3 days

2 days

56(4)

Failure to keep record regarding vehicles rented

90

65

5 days

3 days

57

Failure to notify registrar of lost driver's licence, etc.

100

25

5 days

1 day

58

Failure of holder of driver's licence to notify registrar of change of address

90

45

5 days

1 day

59(1)(a)

Display or possession of fictitious, defaced, altered, cancelled or suspended licence

360

90

20 days

5 days

59(1)(a)

Defacing or altering driver's licence

360

90

20 days

5 days

59(1)(b)

Lending driver's licence

360

90

20 days

5 days

59(1)(c)

Person misrepresenting driver's licence as his or her own

360

90

20 days

5 days

59(1)(d)

Failure to surrender suspended or cancelled driver's licence

360

90

20 days

5 days

59(1)(e)

Giving false name or address in application for driver's licence

360

90

20 days

5 days

60

Failure to deliver driver's licence to court upon conviction

360

90

20 days

5 days

73(1)

Applying for driver's licence while disqualified

360

90

20 days

5 days

73(2)

Driving while disqualified Second offence Subsequent offence

200 300 500

100 200 300

10 days 15 days 20 days

2 days 10 days 15 days

75(5)(a)

Obtaining the registration of a motor vehicle when such motor vehicle is not insured by a policy

1260

450

45 days

15 days

75(5)(b)

Operating or permitting the operation of a motor vehicle without a policy

1260

450

45 days

15 days

75(5)(c)

Failure to produce proof that a policy is in force

100

25

5 days

1 day

80(a)(i)

Producing financial responsibility card with policy of insurance not in force

360

90

20 days

5 days

80(a)(ii)

Producing financial responsibility card purporting to prove financial responsibility

360

90

20 days

5 days

80(a)(iii)

Producing financial responsibility card purporting to show person named in the card as insured

360

90

20 days

5 days

80(b)

Giving or loaning financial responsibility card

360

90

20 days

5 days

95(1)

Failure to drive to the right

180

45

10 days

2 days

95(2)

Failure to give 1/2 the roadway

180

45

10 days

2 days

96(1)

Improper passing

180

45

10 days

2 days

96(2)

Failure to give way to passing vehicle

180

45

10 days

2 days

97(1)

Improper overtaking and passing on the right of another vehicle

180

45

10 days

2 days

97(2)

Passing on the right when unsafe to do so

180

45

10 days

2 days

98

Passing where width or weight of vehicles make it difficult

180

45

10 days

2 days

99(1)

Passing on left when unsafe

180

45

10 days

2 days

99(2) & (3)

Overtaking and passing near crest of grade, curve or bridge, etc.

180

45

10 days

2 days

100(1)

Driving to left of centre line of roadway

180

45

10 days

2 days

100(2)

Vehicle proceeding at less than normal speed not driving in right hand lane

180

45

10 days

2 days

100(3)

Failure to drive to right of rotary traffic island

180

45

10 days

2 days

101(b)

Crossing solid line

180

45

10 days

2 days

101(e)

Failing to signal driving from one lane to another

180

45

10 days

2 days

101(f)

Making improper left turn at intersection or into private road or driveway

180

45

10 days

2 days

101(g)

Making improper right turn at intersection

180

45

10 days

2 days

101(h)

Driving in centre lane of three lane roadway

180

45

10 days

2 days

101(i)

Improper passing on roadway with two or more lanes available to traffic heading in same direction

180

45

10 days

2 days

101(j)

Driving in wrong lane contrary to direction of traffic-control device

180

45

10 days

2 days

101(k)

Failure to allow over-taking vehicle to pass

180

45

10 days

2 days

102

Passing in no passing zone or failing to drive to right in zone

180

45

10 days

2 days

103(1)

Following vehicle too closely

180

45

10 days

2 days

103(2)

Failing to leave proper distance between vehicles

180

45

10 days

2 days

103(3)

Failing to leave sufficient space between vehicles in caravan or motorcade

180

45

10 days

2 days

104

Driving over intervening space dividing highway into two roadways

180

45

10 days

2 days

105(1)

Failure to enter controlled-access highway at proper location

180

45

10 days

2 days

105(2)

Failure to leave controlled-access highway at proper location

180

45

10 days

2 days

106(2)

Failure to yield right-of-way while turning to other traffic in intersection when green or "go" signal shown

180

45

10 days

2 days

106(4)

Failure to yield right-of-way to pedestrian in roadway or cross-walk when green or "go" signal shown at place other than intersection

180

45

10 days

2 days

106(6)

Entering intersection on yellow or amber light

180

45

10 days

2 days

106(7)(a)

Pedestrian crossing the roadway while yellow or amber light on at intersection

180

25

10 days

1 day

106(8)

Passing yellow or amber light at place other than intersection

180

45

10 days

2 days

106(9)(a)

Pedestrian crossing roadway while yellow or amber light on at place other than intersection

180

25

10 days

1 day

106(10)

Passing red light or "stop" signal at intersection

180

45

10 days

2 days

106(11)

Pedestrian crossing roadway when facing red light or "stop" signal at intersection

180

25

10 days

2 days

106(12)

Passing red light or "stop" signal at place other than intersection

180

45

10 days

2 days

106(13)

Pedestrian crossing roadway when facing red light or "stop" signal at place other than intersection

180

25

10 days

1 day

106(14)(a)

Failing to obey green arrow at intersection

180

45

10 days

2 days

106(14)(b)

Entering intersection when green arrow shown and failing to yield right-of-way

180

45

10 days

2 days

106(15)

Pedestrian illegally crossing intersection when green arrow showing

180

25

10 days

1 day

106(16)(a)

Failure to stop when flashing red light on at intersection

180

45

10 days

2 days

106(16)(b)

Failure to yield right-of-way at intersection when flashing red light on

180

45

10 days

2 days

106(18)(b)

Failure to yield right-of-way to traffic in intersection when yellow or amber traffic light on

180

45

10 days

2 days

106(21)

Pedestrian crossing roadway when "wait", "stop" or "don't walk" signal showing

180

45

10 days

2 days

106(22)

Entering intersection against flag signal or other device

180

45

10 days

2 days

106(24)

Failing to stop at stop sign

180

45

10 days

2 days

106(25)

Failure to obey signs reading "Turn Right" or "Right Turn Only"

180

45

10 days

2 days

106(26)

Failure to obey signs reading "Turn Left" or "Left Turn Only"

180

45

10 days

2 days

106(27)

Failing to obey no parking signs

180

20

10 days

1 day

106(29)

Parking in prohibited area without a permit

180

20

10 days

1 day

106(30)

Bus picking up or letting down passengers at place other than Bus Stop

180

20

10 days

1 day

106(38)

Failure to obey no entry sign

180

45

10 days

2 days

106(40)

Failure to obey signs reading "No Left Turn", "No Right Turn", "No Turns" or "No Right Turn On Yellow Or Amber Or Red Light"

180

45

10 days

2 days

106(42)

Proceeding wrong way on one-way highway

180

45

10 days

2 days

106(44)

Failure to observe half load limit

900

90

30 days

5 days

106(46)

Parking in places reserved for commercial motor vehicles

180

20

10 days

1 day

106(50)

Failure to obey sign restricting use of highway to certain classes of vehicles

180

45

10 days

2 days

106(52)

Failure to obey sign restricting use of highway to vehicles of certain maximum gross mass

900

90

30 days

5 days

107

Erecting devices resembling or interfering with traffic-control device

360

90

20 days

5 days

108

Placing commercial advertising upon a traffic-control device

180

45

10 days

2 days

109

Altering or injuring or removing traffic-control device

360

90

20 days

5 day

110(1)(a)

Driving imprudently Second offence Subsequent offence

135 180 360

90 135 180

7 days 10 days 20 days

5 days
7 days 10 days

110(1)(b)

Driving without due care and attention Second offence Subsequent offence

180 240 480

120 180 240

7 days 10 days 20 days

5 days
7 days 10 days

110(1)(c)

Driving without reasonable consideration for other persons Second offence Subsequent offence

180 240 480

120 180 240

7 days 10 days 20 days

5 days
7 days 10 days

110(1)(d)

Driving while suffering from disease or disability Second offence Subsequent offence

180 240 480

120 180 240

7 days 10 days 20 days

5 days
7 days 10 days

110(3)(a)

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

135 225 360

50 135 225

7 days 12 days 20 days

2 days
7 days 12 days

110(3)(b)

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

135 225 360

50 135 225

7 days 12 days 20 days

2 days
7 days 12 days

110(3)(c)

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

135 225 360

60 150 250

7 days 12 days 20 days

2 days
7 days 12 days

110(3)(d)

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

135 225 360

75 175 275

7 days 12 days 20 days

2 days
7 days 12 days

111(1)

Slow driving

180

45

10 days

2 days

111(3)

Failing to obey order to increase speed, pull in to curb or remove vehicle from highway

180

45

10 days

2 days

112

Failing to signal change of direction, etc.

180

45

10 days

2 days

113(1)

Moving a vehicle when unsafe to do so or without signalling

180

45

10 days

2 days

113(2)

Failure to give sufficient signal

180

45

10 days

2 days

113(3)

Entering traffic with improper movement or signal

180

45

10 days

2 days

114(3)(a)

Right-hand drive vehicle not equipped with a mechanical or electrical device

180

45

10 days

2 days

114(3)(b)

Right-hand drive vehicle not having prominently displayed on rear the words "Right-Hand Drive Vehicle"

180

45

10 days

2 days

115(1)

Making improper right turn at intersection

180

45

10 days

2 days

115(2)

Making improper left turn at intersection

180

45

10 days

2 days

115(3)

Making improper left or right turn on multi lane roadway

180

45

10 days

2 days

115(4)

Making improper left turn at intersection from one-way roadway

180

45

10 days

2 days

115(5)

Making improper left turn at intersection into one-way roadway

180

45

10 days

2 days

115(6)

Making improper left turn at intersection from one-way roadway into another one-way roadway

180

45

10 days

2 days

115(7)

Failure to obey traffic-control device at intersection indicating course to be travelled

180

45

10 days

2 day

116

Turning on highway to proceed in opposite direction

180

45

10 days

2 days

117(1)

Improper turning at intersection

180

45

10 days

2 days

117(2)

Turning or changing course when unsafe to do so

180

45

10 days

2 days

117(3)

Improper signal of intention to turn

180

45

10 days

2 days

117(4)

Stopping or decreasing speed without signalling

180

45

10 days

2 days

118

Failing to yield right- of-way at intersection

180

45

10 days

2 days

119

Failing to yield right-of-way at intersection while making left turn

180

45

10 days

2 days

120

Failing to yield right-of-way when entering highway

180

45

10 days

2 days

121

Failing to yield right-of-way to emergency vehicle

180

90

10 days

5 days

123(2)

Driver of emergency vehicle exceeding speed limit and not sounding audible signal or showing flashing red light

360

90

20 days

5 days

123(3)

Emergency vehicle not proceeding with regard for safety

360

90

20 days

5 days

123(5) & (6)

Unlawfully sounding siren or showing flashing red light

180

45

10 days

2 days

125(1)

Failing to yield right- of-way to pedestrian in crosswalk

180

45

10 days

2 days

125(2)

Pedestrian failing to yield right-of-way to vehicle

180

25

5 days

1 day

125(3)

Overtaking and passing vehicle stopped at crosswalk

180

45

10 days

2 days

126

Pedestrian failing to yield right-of-way to driver at place other than crosswalk

180

25

5 days

1 day

127(a)

Failing to exercise due care to avoid colliding with pedestrian

360

90

20 days

5 days

127(b)

Failing to give warning by sounding horn

180

45

10 days

2 days

127(c)

Failing to observe precaution where child or incapacitated person on highway

360

90

20 days

5 days

128(1)

Walking on roadway when sidewalks provided

180

25

10 days

1 day

128(2)

Walking on wrong side of highway

180

25

10 days

1 day

128(3)

Standing on roadway to solicit rides, etc.

180

25

5 days

1 day

129(2)(a)

Riding bicycle on sidewalk

180

25

5 days

1 day

129(2)(b)

Failing to ride close to the edge of the highway

180

25

5 days

1 day

129(2)(c)

Riding bicycle abreast of another bicycle rider

180

25

5 days

1 day

129(2)(d)

Riding bicycle without at least one hand on handle-bars

180

25

5 days

1 day

129(2)(e)

Riding bicycle and not astride regular seat

180

25

5 days

1 day

129(2)(f)

Carrying more persons on bicycle than designed for

180

25

5 days

1 day

129(2)(g)

Carrying object which may interfere with operation or control of bicycle

180

25

5 days

1 day

129(2)(h)

Driving bicycle on highway where signs prohibit use of bicycles

180

25

5 days

1 day

129(2)(i)

Riding bicycle on roadway when bicycle path provided

180

25

5 days

1 day

130

Person attaching on to vehicle on highway

180

25

5 days

1 day

131

Driving through a safety zone

180

45

10 days

2 days

132(1)

Failing to stop at railway crossing

180

45

10 days

2 days

132(2)

Driving vehicle through barrier, etc., at railway crossing

180

45

10 days

2 days

133

Failing to stop at stop sign at railway crossing

180

45

10 days

2 days

134(1)(a)

Passenger vehicle failing to stop at railway crossing

720

180

25 days

10 days

134(1)(b)

School bus carrying children failing to stop at railway crossing

720

180

25 days

10 days

134(1)(c)

Vehicle carrying explosive substance, etc., failing to stop at railway crossing

720

180

25 days

10 days

134(2)

Shifting gears while crossing railway track

180

45

5 days

2 days

135

Failing to approach railway track with caution

180

45

10 days

2 days

136

Failing to observe yield sign at intersection

180

45

10 days

2 days

137(1)

Passing school bus

180

45

10 days

2 days

137(2)(a)

Stopping school bus in improper place

180

45

10 days

2 days

137(2)(b)

School bus delaying other vehicles passing

180

45

10 days

2 days

137(3)

Failing to have school bus properly marked

180

45

10 days

2 days

137(4)

School bus not equipped with visual signals or not activated

120

45

10 days

2 days

137(5)

Operating school bus with markings not concealed

180

45

10 days

2 days

138(1)

Failing to yield right- of-way to vehicle drawn by animal

180

45

10 days

2 days

138(2)

Making avoidable noise when animal passing engine

180

45

10 days

2 days

139

Failing to exercise caution when approaching animal on highway

180

45

10 days

2 days

140(1)

Parking on roadway

180

45

10 days

2 days

140(2)

Parking so as to obstruct traffic

180

45

10 days

2 days

142

Parking too close to bus stop

180

45

10 days

2 days

143(1)

Parking on private land

180

45

10 days

2 days

144(a)

Parking on sidewalk

180

45

10 days

2 days

144(b)

Parking in front of driveway or authorized loading door

180

45

10 days

2 days

144(c)

Parking within an intersection

180

45

10 days

2 days

144(d)

Parking too close to fire hydrant

180

45

10 days

2 days

144(e)

Parking within a crosswalk

180

45

10 days

2 days

144(f)

Parking within 6 metres of the approach side of crosswalk

180

45

10 days

2 days

144(g)

Parking within 10 metres of traffic- control signal on side of roadway

180

45

10 days

2 days

144(h)

Parking too near the entrance to or exit from hotel, school, church, etc.

180

45

5 days

2 days

144(i)

Parking too near safety zone

180

45

10 days

2 days

144(j)

Parking too near railway crossing

180

45

10 days

2 days

144(k)

Parking too near fire station

180

45

10 days

2 days

144(l)

Parking too near street excavation or obstruction and obstructing traffic

180

45

10 days

2 days

144(m)

Parking on the road- way side of a stopped or parked vehicle

180

45

10 days

2 days

144(n)

Parking on a bridge or in a highway tunnel

180

45

10 days

2 days

144(o)

Failure to observe traffic-control device prohibiting parking or stopping

90

20

5 days

1 day

145

Failing to park on right side of highway

180

45

10 days

2 days

146

Parking so as to cause danger to persons using highway

180

45

10 days

2 days

147

Parking on highway where vehicle not visible to approaching traffic

180

45

10 days

2 days

148

Parking vending vehicle on highway

180

45

10 days

2 days

149(2)

Failing or refusing to remove vehicle from highway

180

45

10 days

2 days

149(3)

Failing to remove vehicle from highway or Crown land or land occupied by Crown

180

45

10 days

2 days

149(12)

Failing or refusing to surrender vehicle licence

180

45

10 days

2 days

150

Parking unattended vehicle on highway without stopping engine and locking ignition, etc.

180

45

10 days

2 days

151

Backing vehicle when unsafe to do so

180

45

10 days

2 days

152(1)

Improper operation of a motorcycle

180

45

10 days

2 days

152(2)

Motorcycle passenger riding improperly

180

45

10 days

2 days

152(3)

Permitting passenger to ride improperly equipped motor cycle

180

45

10 days

2 days

153

Motorcycles riding two abreast

180

45

10 days

2 days

154(1)

Motorcycle driver operating without helmet or eye protection

180

45

10 days

2 days

154(2)

Motorcycle passenger riding without helmet

180

45

10 days

2 days

155(a)

Driving motor vehicle with stickers on windows

180

45

10 days

2 days

155(b)

Driving motor vehicle with ornaments obstructing vision

180

45

10 days

2 days

155(c)

Driving motor vehicle with windshield, etc., so covered with snow, etc. as to obscure or obstruct vision

180

45

10 days

2 days

155(d)

Driving motor vehicle with broken glass

180

45

10 days

2 days

156(1)

Driving vehicle with vision obscured or control obstructed by overloading or too many passengers in front seat

180

45

10 days

2 days

156(2)

Passenger occupying position in vehicle interfering with driver's vision and control

180

45

10 days

2 days

156(3)

Driver permitting passenger to occupy position interfering with vision and control

180

45

10 days

2 days

157

Driving vehicle with load projecting

180

45

10 days

2 days

158

Persons obstructing or interfering with traffic

180

45

10 days

2 days

159

Coasting down grade in neutral or with clutch disengaged

180

45

10 days

2 days

160(1)

Following emergency vehicle too closely or parking too close to fire apparatus

180

45

10 days

2 days

160(2)

Driving vehicle over unprotected fire hose

180

45

10 days

2 days

161

Failing to obey person with flag or sign

180

45

10 days

2 days

162

Failing to obey directions of a traffic officer

180

45

10 days

2 days

163(1)

Throwing glass, etc., upon highway

180

45

10 days

2 days

163(2)

Failing to remove injurious material

180

45

10 days

2 days

164

Driving on sidewalk

180

45

10 days

2 days

165(a)

Opening door of vehicle on highway

180

45

10 days

2 days

165(b)

Leaving door of vehicle open

180

45

10 days

2 days

166(1)

Failure to carry warning devices in vehicle

180

45

10 days

2 days

166(2)

Failure to place warning devices on highway in case of emergency breakdown

180

45

10 days

2 days

167

Driving vehicle without chains or winter tires

180

45

10 days

2 days

168

Racing vehicles or bicycles on highways

900

180

30 days

10 days

169(1)(a)

Failing to stop at accident scene Second offence Subsequent offence

450 900 1800

180 450 900

25 days 30 days 60 days

10 days 25 days 25 days

169(1)(b)

Failing to give name and address

450

180

25 days

10 days

169(1)(c)

Failure to provide proof of insurance at scene of accident

100

25

5 days

1 day

169(1)(d)

Failing to render assistance to injured person Subsequent offence

450 900

180 450

25 days 30 days

10 days 25 days

169(2) & (3)

Failure to notify owner, driver or peace officer after collision with unattended vehicle Subsequent offence

180 360

45 180

10 days 20 days

2 days 10 days

169(4)

Failure to notify owner where other property damaged Subsequent offence

180 360

45 180

10 days 20 days

2 days 10 days

169(6)(a)

Bicycle operator failing to remain at accident scene

180

45

10 days

2 days

169(6)(b)

Bicycle operator failing to render assistance

180

45

10 days

2 days

169(6)(c)

Bicycle operator failing to give name and address

180

45

10 days

2 days

169(7)

Bicycle operator failing to make written report

180

45

10 days

2 days

170(1)

Driver of vehicle failing to make report Subsequent offence

180 360

45 90

10 days 20 days

2 days
5 days

170(2)

Occupant of vehicle failing to make report

180

45

10 days

2 days

170(3)

Owner of vehicle failing to make report

180

45

10 days

2 days

170(4)

Person being owner and driver failing to make report when capable Subsequent offence

180 360

90 180

10 days 20 days

5 days
10 days

172(1)

Garage operator failing to report vehicle involved in accident

900

180

30 days

10 days

174(2)

Making false statement in report

360

90

20 days

10 days

176(1)

Care and control of a motor vehicle equipped with radar detector Subsequent offence

300 500

100 200

20 days 25 days

10 days 15 days

176(4)

Unlawful sale of radar detectors Subsequent offence

300 500

100 200

20 days 25 days

10 days 15 days

177

Knowingly causing another to drive unlawfully

360

180

20 days

10 days

178(2)

Driving motor vehicle with seat belt removed or inoperative

500

45

25 days

2 days

178(3)

Driver not wearing seat belt

500

45

25 days

2 days

178(4)

Passenger not wearing seat belt

500

45

25 days

2 days

178(6)

Driver operating vehicle where underage passenger required to wear seat belt is unbelted

500

45

25 days

2 days

178(8)

Driver operating vehicle with child not in car seat

500

45

25 days

2 days

184(1)

Placing unauthorized signs on highway

180

45

10 days

2 days

185

Injuring or defacing traffic signs Subsequent offence

180 360

90 180

10 days 20 days

5 days 10 days

187(5)

Operating vehicle without proper equipment or of improper construction

90

20

10 days

1 day

196(2)

Failure to comply with vehicle inspection requirements

120

60

10 days

5 days

205(1)

Driver refusing to give name or address or giving false name or address

360

90

20 days

5 days

205(2)(a)

Owner of vehicle failing to identify driver

360

90

20 days

5 days

205(2)(b)

Person failing to give information regarding identity of driver

360

90

20 days

5 days

1990 c43 Sch

©Earl G. Tucker, Queen's Printer