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)  "airport authority" means a corporation authorized to operate an airport;

          (a.1)  "airport authority lands" means land owned, leased or occupied by an airport authority;

          (a.2)  "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)  [Rep. by 2005 c46 s1]

             (g)  "bus" means a motor vehicle, designed or used for the transportation of passengers with a seating capacity of 10 or more in addition to the driver, but excluding those motor vehicles when used for personal transportation by the owner or with the owner's permission;

             (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 designed to carry goods, and includes a bus, a school bus, a truck, a truck tractor and other motor vehicles designed for commercial use but does not include camper type vehicles designed or adapted exclusively for recreational purposes;

             (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 presided over by the minister;

              (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, including a licence issued to a novice driver, 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;

          (v.1)  "enforcement officer" means

                      (i)  a conservation officer as defined in the Endangered Species Act ,

                     (ii)  a wild life officer appointed under the Wild Life Act ,

                    (iii)  a person designated as a peace officer under the Motorized Snow Vehicles and All-Terrain Vehicles Regulations , and

                    (iv)  a forestry official as defined in the Forestry 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 or the parking of vehicles 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;

       (bb.1)  "ignition interlock device" means a device designed to ascertain the presence of alcohol in a driver's body and to prevent a motor vehicle from being started if the concentration of alcohol in the driver's body exceeds the prescribed limit;

           (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" unless otherwise specified, means the minister appointed under the Executive Council Act to administer this Act;

         (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 ;

       (qq.1)  "non-repairable vehicle" means a vehicle which is incapable of operation or use on the highway and which has no resale value except as a source of parts or scrap;

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

        (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;

      (kkk.1)  "salvage vehicle" means a vehicle which is damaged by collision, fire, flood, accident, trespass or other occurrence to the extent that the cost of repairing the vehicle for operation on the highway exceeds the vehicle’s fair market value immediately prior to the damage;

            (lll)  "school bus" means a motor vehicle

                      (i)  designed or used to carry 7 or more passengers in addition to the driver,

                     (ii)  owned, operated by or contracted to a school board or an agent of a school board, and

                    (iii)  used to transport children to or from school or to and 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 used to transport passengers for compensation other than

                      (i)  a bus or a school bus used to transport passengers for compensation, and

                     (ii)  another motor vehicle not referred to in subparagraph (i) that only transports children to and from school and school related activities under a contract with a school board for that purpose;

           (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 of Works, Services and Transportation 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, or truck tractor or other motor vehicle but does not include

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

                     (ii)  a side car attached to a motor cycle, or

                    (iii)  a tow dolly designed to be used to tow another motor vehicle where one or more axles of the towed vehicle rest on the tow dolly;

       (aaaa)  [Rep. by 2009 c9 s1]

      (bbbb)  [Rep. by 2009 c9 s1]

       (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; 1995 c18 s1; 1998 c21 s1; 1998 c16; 1999 c40 s1; 2002 c11 s1; 2004 c18 s1; 2005 c46 s1; 2006 c23 s1; 2008 c57 s1; 2009 c9  s1

PART I
ADMINISTRATION

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Division

        3. The Motor Registration Division is continued.

1988 c33 s3

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Registrar

        4. (1) An employee of the division shall be designated as Registrar of Motor Vehicles to perform the duties established in this Act or another Act.

             (2)  Another employee of the division shall be designated as Deputy Registrar of Motor Vehicles who, in the absence or inability of the registrar or when the office of the registrar is vacant, has the powers and shall perform the duties of the registrar.

             (3)  In the absence or inability of the deputy registrar or when the office of the deputy registrar is vacant, a member of the division staff named by the minister has, in the circumstances in subsection (2), the powers and shall perform the duties of the registrar.

             (4)  One or more employees of the division may be designated Deputy Registrars (Local) of Motor Vehicles who may, when in charge of offices of the division outside St. John’s, exercise those powers of the registrar delegated to them by order of the minister.

2000 c26 s1

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Fees and forms

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

             (2)  The minister may set fees for the purpose and administration of this Act.

1998 c21 s2

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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.

          (1.1)  Where information contained in driver or vehicle records, or of an entry in those records kept in the division, is requested, a copy of the information contained in the record may be released to

             (a)  other government departments or agencies of the province, a municipality, the Government of Canada, the government of another Canadian jurisdiction, or the government of a state or country, to ensure compliance with a statute or order;

             (b)  research groups, market analysis companies, study groups and similar organizations, where the information is not to be used for solicitation purposes;

             (c)  motor vehicle manufacturers or other agents for recall of defective motor vehicles; or

             (d)  another individual, group or agency where in the opinion of the minister the release of the information is not contrary to the public interest.

             (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; 1994 c18 s1

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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;

          (a.1)  to seize and impound vehicles under paragraph 75(6.1)(b);

             (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; 2004 c27 s1

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 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 by the minister, 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; 1998 c21 s3; 2009 c9 s2

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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.

             (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 a tax in respect of the vehicle has been paid; and

             (e)  whatever other information the registrar may require.

             (5)  [Rep. by 2009 c9 s3]

             (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 minister 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 the time period that may be established by regulation.

             (9)  [Rep. by 2009 c9 s3]

           (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; 1996 cT-0.01 s16; 1998 c21 s4; 2006 c23 s2; 2009 c9 s3

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Registration and exemptions

      12. (1) An owner or operator of a passenger vehicle, other than a commercial motor vehicle, who is a resident of the province shall register it as required under section 11.

             (2)  A non-resident who owns or operates a passenger vehicle, other than a commercial motor vehicle, that is registered in a jurisdiction outside the province in which the non-resident lives and which the person operates for private use, may operate that vehicle in the province without registering it under this Act.

             (3)  Notwithstanding subsection (1), a person who enters the province to take up residence may operate a vehicle in the province for a period of not longer than 90 days before registering the vehicle as required by this Act.

2009 c9 s3

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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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Interjurisdictional carrier registration under the Revenue Administration Act

   13.1 A person who operates a motor vehicle required to be registered under section 61 of the Revenue Administration Act who is not registered as required by that section commits an offence under this Act.

2009 cR-15.01 s117

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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 minister have been paid;

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

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

             (d)  the person is not, due to non-payment of fines, subject to an action listed under section 16.1,

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)  one or more identification plates as determined by the registrar, and the identification plates shall be distinctive and numbered as 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 minister 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 Part VIII of the Revenue Administration Act or under Part IX of the Excise Tax Act (Canada ) 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; 1998 c21 s5; 2006 c23 s3; 2009 cR-15.01 s117; 2009 c9 s5

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Non-payment of fines

   16.1 (1) Where a person who has not paid a fine, including a fine under the Criminal Code payable to the Crown, is the holder of a driver's licence or a vehicle registration, the Registrar of Motor Vehicles shall not issue or renew the driver's licence or vehicle registration or register a transfer of a vehicle of the person where he or she has not paid the fine or an applicable late payment penalty within the time allowed, until the fine or late payment penalty are paid, and the proof of payment is the responsibility of the person.

             (2)  Subsection (1) does not apply to a person who has failed to pay a fine relating to a conviction for a violation of a regulation made under the City of St. John's Act, the City of Corner Brook Act , the City of Mount Pearl Act, the Municipalities Act, 1999 or the Urban and Rural Planning Act, 2000 that does not involve the operation of a motor vehicle.

1995 cP-31.1 s53; 1997 c13 s29; 2005 c25 s1

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Dealer must register

   16.2 (1) A person shall not carry on business as a dealer unless he or she is registered under this Act.

             (2)  A person shall apply to be registered as a dealer in the manner and shall provide the information required by the registrar.

             (3)  The registrar shall register a person who applies under this section and in compliance with subsection (2).

             (4)  A registration as a dealer is not transferable.

             (5)  A dealer shall not carry on business in a name other than the name in which the dealer is registered.

             (6)  A dealer’s registration remains in effect until cancelled or revoked by the registrar.

2006 c13 s3

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Conditions of registration

   16.3 A registration is subject to the terms, conditions and restrictions that the registrar may impose or that the minister may, by regulation, impose.

2006 c13 s3

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Suspension or cancellation of registration

   16.4 The registrar may suspend or cancel a registration where he or she is satisfied that the person to whom the registration was given

             (a)  has violated a term or condition of the registration;

             (b)  has made a material misrepresentation in the application for registration or in the information submitted to the registrar under section 16.2; or

             (c)  has contravened a provision of sections 17 to 27.

2006 c13 s3

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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)  [Rep. by 2009 c9 s6]

1988 c33 s206; 2009 c9 s6

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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 transferable

      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.

             (2)  [Rep. by 2009 c9 s7]

1988 c33 s23; 2009 c9 s7

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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 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 registrar or nearest traffic officer.

             (3)  A traffic officer who receives an identification plate or vehicle licence under subsection (2) shall return the identification plate or vehicle licence to the registrar.

1988 c33 s28; 2009 c9 s8

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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. (1) A driver, owner, or a person having care or control of a vehicle shall ensure 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 so that the plate is clearly visible.

             (2)  In addition to the requirements of subsection (1), a driver, owner or a person having care or control of a vehicle shall ensure that

             (a)  where one plate is issued, that the plate is clearly visible from the rear of the vehicle; and

             (b)  where 2 plates are issued, one plate is clearly visible from the front of the vehicle and the other plate is clearly visible from the rear of the vehicle.

2009 c9 s9

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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. The registrar may issue other plates or markers that may be prescribed in regulations made under section 195, in addition to the identification plates referred to in section 16, which shall be displayed on the vehicle in the manner that may be prescribed in the regulations.

2009 c9 s10

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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 minister, issue a duplicate or substitute a new licence, identification plate, marker or permit.

1988 c33 s35; 1998 c21 s6

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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.

             (4)  [Rep. by 2009 c9 s11]

1988 c33 s41; 1994 c18 s2; 2009 c9 s11

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Offence

      42. A person is guilty of an offence who

             (a)  contrary to

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

                            (A)  not in excess of 4,500 kilograms or being a semitrailer or recreation trailer,

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

                            (C)  exceeding 10,900 kilograms, or

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

             (b)  defaces or alters a vehicle licence or an identification plate or marker required to be affixed to a vehicle, subject to subsection 41(4);

          (b.1)  defaces, alters or removes the manufacturer's vehicle identification number or other identifying mark of 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; 1992 c50 s1; 1994 c18 s3; 1995 c18 s2

PART III
LICENSING OF DRIVERS

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Exception to Coke’s rule

   42.1 In this Part, in determining whether a conviction is a second or third or subsequent conviction, the only consideration shall be the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether an offence occurred before or after a conviction.

2000 c26 s2

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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

             (a)  is taking a driver's examination for the purpose of obtaining a licence to operate a motor vehicle or class of motor vehicle; or

             (b)  as part of an approved driving course, being conducted by an approved driving school, is undergoing an on road driver evaluation,

may, for the purpose of the examination or evaluation, drive an appropriate motor vehicle upon a highway when accompanied by an examiner or approved driving instructor.

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

             (a)  in the case of a first conviction to a fine of $50;

             (b)  in the case of a second conviction to a fine of not less than $100 and not more than $200; and

             (c)  in the case of a third and subsequent conviction to

                      (i)  a fine of not less than $300 and not more than $500,

                     (ii)  imprisonment for a term of not more than 30 days, or

                    (iii)  both a fine and imprisonment.

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

             (a)  in the case of a first conviction, to a fine of $50;

             (b)  in the case of a second conviction, where that second conviction is entered within 2 years of the first conviction,

                      (i)  to a fine of not less than $100 and not more than $200,

                     (ii)  to imprisonment for a term of not more than 30 days, or

                    (iii)  to both a fine and imprisonment; and

             (c)  in the case of a third or subsequent conviction, where that third or subsequent conviction is entered within 5 years of the first conviction,

                      (i)  to a fine of not less than $300 and not more than $500,

                     (ii)  to imprisonment for a period of not less than 31 days and not more than 6 months, or

                    (iii)  to both a fine and imprisonment.

          (3.2)  Where a judge imposes sentences of imprisonment under 2 or more of the following provisions:

             (a)  paragraph (3.1)(b);

             (b)  paragraph (3.1)(c);

             (c)  paragraph 75(5.1)(a); or

             (d)  paragraph 75(5.1)(b),

the judge may, in his or her discretion, direct that the sentences be served consecutively.

             (4)  For the purpose of this section an approved driving course is a course offered by an approved driving school in accordance with the regulations and an approved driving instructor is a driving instructor approved in accordance with the regulations.

1988 c33 s43; 1995 c18 s3; 2000 c26 s3; 2006 c54 s1

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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)  [Rep. by 2009 c9 s12]

             (4)  A person who applies for a driver's licence shall submit with the application the fee prescribed by the minister 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, road driving 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; 1998 c21 s7; 2006 c23 s4; 2009 c9 s12

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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)  [Rep. by 2009 c9 s13]

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

             (c)  [Rep. by 2009 c9 s13]

1988 c33 s46; 2009 c9 s13

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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 the time period that may be established by regulation.

1988 c33 s47; 1990 c43 s3; 2006 c23 s5

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Registrar shall not issue licence

      48. (1) Except as provided for in subsection 71(4), the registrar shall not issue a driver's licence

             (a)  for the operation of a motor vehicle to a person who is under an age that may be prescribed by the regulations;

             (b)  [Rep. by 1998 c16 s2];

             (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 prescribed fees 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)  [Rep. by 2009 c9 s14]

             (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 Part VIII of the Revenue Administration Act in respect of a vehicle;

          (k.1)  to a person who has not paid a fine, including a fine imposed under the Criminal Code payable to the Crown or a late payment penalty, within the time allowed for payment;

              (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).

             (4)  Where a person is disqualified or prohibited from driving or obtaining a driver's licence under this Act or the laws of a jurisdiction outside the province while he or she is not of a legal age to drive a motor vehicle, the registrar shall not issue a driver's licence to that person when he or she becomes of legal age to drive a motor vehicle and applies for a driver's licence, until the length of time of that disqualification or prohibition occurring before reaching that legal age has been added to the time during which the person is of a legal age to drive a motor vehicle.

             (5)  Where a person without a licence to drive a motor vehicle has been disqualified or prohibited from driving or obtaining a driver's licence under this Act or the laws of a jurisdiction outside the province, the person shall be treated as if he or she had been a licensed driver under this Act when disqualified or prohibited from driving or obtaining a driver's licence.

1988 c33 s48; 1994 c18 s4; 1995 c18 s4; 1995 cP-31.1 s53; 1997 c13 s29; 1998 c21 s8; 1998 c16 s2; 2009 cR-15.01 s117; 2009 c9 s14

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Licence to be signed

      49. (1) A licence issued by the registrar is not valid until it is signed, and that signature may be reproduced by photographic or electronic means.

          (1.1)  [Rep. by 2009 c9 s15]

             (2)  A holder of a driver’s licence

             (a)  when driving a motor vehicle; and

             (b)  who is an accompanying driver,

s hall 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.

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

1988 c33 s49; 1994 c18 s5; 1998 c16 s3; 2009 c9 s15; 2010 c31 s8; 2011 c18 s1

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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 licence shall return the licence to the registrar or nearest traffic officer.

             (3)  A traffic officer who receives a valid driver's licence under subsection (2) shall return it to the registrar.

1988 c33 s50; 1998 c16 s4; 2009 c9 s16

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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 16 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)  [Rep. by 1998 c16 s5]

1988 c33 s53; 1998 c16 s5

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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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Novice driver’s licence

      55. (1) A person who is 16 years of age or more and who is a novice driver may apply to the registrar and the registrar may issue to that person a driver’s licence entitling him or her, while having the immediate possession of that licence, and in accordance with regulations made under section 55.1, to drive upon a highway.

             (2)  This section does not apply to a person whom the registrar, in accordance with the regulations, considers to be eligible to apply for a driver’s licence under section 46.

             (3)  An accompanying driver or another person who is the owner of, is in possession or control of or who occupies a motor vehicle while it is being driven by a novice driver who holds a driver’s licence, shall not permit the novice driver to drive the motor vehicle on a highway in contravention of conditions and restrictions imposed upon the novice driver by regulations made under section 55.1.

1998 c16 s6

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Regulations

   55.1 (1) The minister may make regulations in respect of novice drivers

             (a)  defining the terms "accompanying driver" and "novice driver" for the purpose of this Act and the regulations;

             (b)  prescribing driver’s licences of different classes and levels for novice drivers;

             (c)  prescribing categories of driver’s licences for novice drivers which differ from licences for drivers who are not novice drivers;

             (d)  prescribing the qualifications and requirements for accompanying drivers;

             (e)  requiring novice drivers with driver’s licences of any category, class or level to be accompanied, while driving, by an accompanying driver;

              (f)  respecting qualifications, examinations, age and experience required to permit the registrar to waive the requirement to obtain a driver’s licence as a novice driver;

             (g)  respecting practical and written driving examinations and mental and physical, including ophthalmic and auditory examinations for applications for driver’s licences of any category, class or level for novice drivers;

             (h)  prescribing the length of time or the method of determining the length of time during which a person shall be a novice driver or shall be restricted to any category or level of driver’s licence for novice drivers;

              (i)  prescribing circumstances under which the driver’s licence of a novice driver and of an accompanying driver shall be cancelled or suspended and the length of the cancellation or suspension and prescribing the requirements for the reinstatement of, reapplication for and reissuing of suspended and cancelled driver’s licences of novice drivers and accompanying drivers;

              (j)  prescribing circumstances under which a novice driver may be required to attend before the registrar or an examiner for an interview and the examination or examinations that may be required;

             (k)  prescribing circumstances under which a novice driver may be required to complete an approved driver education program and to produce evidence with regard to successful completion of an approved driver education program;

              (l)  respecting the approval of driver education programs and courses which make up those programs and the requirements for instructors of those programs;

            (m)  prescribing modifications to the demerit point system prescribed under paragraph 186(h) as it applies to novice drivers and exempting novice drivers or a category, class or level of driver’s licence for novice drivers from provisions of the demerit point system;

             (n)  prescribing conditions and restrictions that shall apply to a category, class or level of driver’s licence for novice drivers;

             (o)  prescribing markers or identifying devices to be displayed on or in motor vehicles driven by novice drivers or novices drivers with driver’s licences of any category, class or level and governing the conditions of their use and the manner of displaying them; and

             (p)  exempting novice drivers or novice drivers with a driver’s licence of any category, class or level from a requirement under this Part and a regulation and prescribing conditions for the exemption.

             (2)  Subject to the approval of the Lieutenant-Governor in Council, in a regulation made under this section, the minister may prescribe penalties for a contravention of the regulations.

1998 c16 s6

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Offence

   55.2 A novice driver or an accompanying driver who contravenes a condition or restriction placed upon him or her under the Act is guilty of an offence.

1998 c16 s6

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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 that other person's driver's licence.

             (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; 2009 c9 s17

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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 minister, issue a duplicate or substitute a new licence.

1988 c33 s57; 1998 c21 s10

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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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Request for surrender of driver’s licence at roadside

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

             (a)  driver of a motor vehicle;

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

             (c)  novice driver of a motor vehicle; or

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

provides a sample of his or her breath which, on analysis by an approved screening device as defined in section 254 of the Criminal Code, indicates that the proportion of alcohol in his or her blood is an amount referred to in subsection (2), the peace officer shall request the person referred to in paragraph (a), (b), (c) or (d) to surrender his or her driver’s licence, and that person shall immediately surrender his or her driver’s licence.

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

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

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

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

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

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

             (a)  driver of a motor vehicle;

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

             (c)  novice driver of a motor vehicle; or

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

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

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

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

             (a)  driver of a motor vehicle;

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

             (c)  novice driver of a motor vehicle; or

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

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

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

2011 c18 s2

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Request for surrender of driver’s licence at roadside

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

             (a)  driver of a motor vehicle;

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

             (c)  novice driver of a motor vehicle; or

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

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

2011 c18 s2

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Periods of suspension

60.03 (1) Upon a request being made under subsection 60.01(1) or (5) or section 60.1, whether or not the driver surrenders his or her driver’s licence to the peace officer, his or her driver’s licence or driving privileges are suspended

             (a)  for a period of 7 days from the time the request is made, where the driver fails or refuses to provide a sample of his or her breath or where the analysis under subsection 60.01(1) or (5) indicates that the proportion of alcohol in his or her blood is 50 milligrams or more of alcohol in 100 millilitres of blood; and

             (b)  for a period of 90 days commencing on the fourteenth day after the expiration of the 7 day suspension, where the driver fails or refuses to provide a sample of his or her breath or where the analysis under subsection 60.01(1) or (5) indicates that the proportion of alcohol in his or her blood is 80 milligrams or more of alcohol in 100 millilitres of blood.

             (2)  Upon a request being made under subsection 60.01(7) or section 60.02 whether or not the driver surrenders his or her driver's licence to the peace officer, his or her driver's licence or driving privileges are suspended

             (a)  for a period of 7 days from the time the request is made where the peace officer has reasonable grounds to believe that the ability of the driver or person who has the care or control of the vehicle is impaired by a drug, or a combination of a drug and alcohol, or where he or she fails or refuses to comply with a demand under section 254 of the Criminal Code ; and

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

             (3)  Upon a request being made under subsection 60.01(1), (5) or (7) or section 60.02, whether or not the novice driver surrenders his or her driver’s licence to the peace officer, his or her driver’s licence or driving privileges shall be considered to be suspended by the registrar for a period of

             (a)  2 months for the first occasion upon which a request is made under subsection 60.01(1), (5) or (7) or section 60.02;  

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

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

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

             (4)  Notwithstanding subsection (3), where a novice driver fails or refuses to provide a sample of his or her breath or the analysis under subsection 60.01(1) or (5) indicates that the proportion of alcohol in the novice driver's blood is 80 milligrams or more of alcohol in 100 millilitres of blood, the novice driver's licence or driving privileges shall be suspended by the registrar for a minimum period of 90 days and the procedure for reinstatement set out in subsection (3) applies.

             (5)  Notwithstanding subsection (3), upon a request being made under section 60.02, whether or not the novice driver surrenders his or her driver's licence to the peace officer, his or her driver's licence or driving privileges shall be suspended by the registrar for a period of 90 days where the novice driver fails or refuses to comply with a demand made on the novice driver under section 254 of the Criminal Code , and the procedure for reinstatement set out in subsection (3) applies.

2011 c18 s2

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Periods of suspension

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

             (a)  a driver or a person who has care or control of a motor vehicle provides a sample of his or her blood which on analysis indicates that the proportion of alcohol in his or her blood at the time the sample was given was 50 milligrams or more of alcohol in 100 millilitres of blood, his or her driver’s licence or driving privileges are suspended for a period of 7 days beginning on the fourteenth day following his or her receipt of a copy of the certificate of analysis; and

             (b)  a novice driver or a novice driver with care or control of a motor vehicle provides a sample of his or her blood which on analysis indicates that the proportion of alcohol in his or her blood at the time the sample was given was greater than 0 milligrams of alcohol in 100 millilitres of blood, his or her driver’s licence or  driving privileges are suspended for the period set out in 60.03(3)(a),(b) or (c), whichever is applicable, beginning on the fourteenth day following his or her receipt of a copy of the certificate of analysis and the procedure for reinstatement in 60.03(3) applies.

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

             (a)  driver of a motor vehicle;

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

             (c)  novice driver of a motor vehicle; or

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

provides a sample of his or her blood which on analysis indicates that the proportion of alcohol in his or her blood at the time the sample was given was 80 milligrams or more of alcohol in 100 millilitres of blood, his or her driver’s licence or driving privileges are suspended for a period of 90 days beginning on the fourteenth day following the expiry of the period of suspension under subsection (1).

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

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

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

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

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

             (c)  notify the registrar of the suspension of the driver’s or novice driver’s licence or driving privileges.

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

2011 c18 s2

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Surrender of driver’s licence  required

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

2011 c18 s3

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Progressively increased suspensions

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

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

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

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

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

2010 c22 s2

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Removal of vehicle

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

             (2)  Where a peace officer requests assistance to remove a motor vehicle under subsection (1), the costs and charges incurred in moving or storing the vehicle, or both, are the responsibility of the driver whose driver's licence or driving privileges has been suspended.

1994 c18 s6; 1998 c16 s8; 2011 c18 s4

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Rep. by 2011 c18 s5

   60.4 [Rep. by 2011 c18 s5]

2011 c18 s5

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Screening accompanying driver with alcohol

   60.5 (1) Where a peace officer has brought a novice driver to a stop under the authority of this Act, and the peace officer reasonably suspects that the accompanying driver has alcohol in his or her body, the peace officer may demand that the accompanying driver immediately provide a sample of breath into an approved screening device as defined in section 254 of the Criminal Code as if he or she was the person operating the motor vehicle.

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

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

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

          (3.1)  Where upon demand of a peace officer made under section 254 of the Criminal Code , an accompanying driver fails or refuses to comply with the demand made on that driver, the peace officer may direct the novice driver not to drive the vehicle on a highway and shall request the accompanying driver to surrender his or her driver's licence.

             (4)  The direction under this section to a novice driver not to drive a motor vehicle on a highway is intended to ensure that novice drivers acquire experience and develop or improve safe driving skills in controlled conditions and to safeguard the licensee and the public and does not constitute an alternative to any proceeding or penalty arising from the same circumstances or around the same time.

             (5)  Upon a request being made under subsection (2) or (3), whether or not the accompanying driver surrenders his or her driver’s licence to the peace officer, his or her driver’s licence or driving privileges are suspended

             (a)  for a period of 7 days from the time the request is made, where the accompanying driver fails or refuses to provide a sample of his or her breath or where the analysis under subsection (2) or (3) indicates that the proportion of alcohol in his or her blood is greater than 0 milligrams of alcohol in 100 millilitres of blood; and

             (b)  for a period of 90 days commencing on the fourteenth day after the expiration of the 7 day suspension, where the accompanying driver fails or refuses to provide a sample of his or her breath or where the analysis under subsection (2) or (3) indicates that the proportion of alcohol in his or her blood is 80 milligrams or more of alcohol in 100 millilitres of blood.

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

             (a)  for a period of 7 days from the time the request is made where the peace officer has reasonable grounds to believe that the ability of the accompanying driver is impaired by a drug, or a combination of a drug and alcohol, or where he or she fails or refuses to comply with a demand under section 254 of the Criminal Code ; and

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

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

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

             (6)  Where an accompanying driver's licence or driving privileges are suspended under subsection (5) or (5.1) the peace officer shall

             (a)  provide the driver whose driver's licence or driving privileges are suspended with a notice including the time from which the suspension takes effect and the length of the period during which his or her driver's licence is suspended, and where the driver surrenders his or her licence that notice constitutes a receipt of that surrender;

             (b)  notify the registrar of the name of the accompanying driver, his or her address and the details of the suspension; and

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

1998 c16 s9; 2001 c11 s4; 2008 c57 s4; 2010 c22 s4

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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 immediately deliver the licence to the court upon being convicted of an offence under section 220, 221, 236, 249, 252, 253, 254, 255, 259, 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.

             (3)  [Rep. by 1994 c18 s7]

             (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 and the circumstances of the offence.

1988 c33 s61; 1990 c43 s4; 1994 c18 s7; 2000 c26 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 driver's licence of a novice driver 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; 1998 c16 s10

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Suspension or cancellation of driver's licence

      64. (1) The registrar shall by written order suspend or cancel the driver’s licence of a person who

             (a)  has obtained the licence as the result of perjury or the making of a false affidavit or statement to the registrar; or

             (b)  has been convicted of an offence committed anywhere in Canada under section 335 of the Criminal Code ,

for a period of not less than

             (c)  3 months in the case of a first conviction; and

             (d)  6 months in the case of a subsequent conviction entered within 2 years of the first conviction.

             (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; 2000 c26 s5

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Suspension or cancellation

   64.1 (1) Upon receiving direction from the Director of Support Enforcement under subsection 53(2) or 53(4) of the Support Orders Enforcement Act, 2006 , the Registrar shall, with respect to the person named in the direction and in accordance with the direction

             (a)  by written order, suspend, cancel or refuse to renew the person's driver's licence; or

             (b)  impose the specified conditions on the person's driver's licence.

             (2)  Upon receiving direction from the Director of Support Enforcement under subsection 53(5) or 53(6) of the Support Orders Enforcement Act, 2006, the Registrar shall, with respect to the person named in the direction and in accordance with the direction

             (a)  reinstate a driver's licence suspended or cancelled under this section; or

             (b)  revoke conditions imposed on a driver's licence under this section.

             (3)  The Registrar shall reinstate a driver's licence suspended or cancelled, or revoke conditions imposed on a driver's licence in accordance with an order of a court under subsection 53(9) of the Support Orders Enforcement Act, 2006 .

             (4)  Notwithstanding subsection (2) or (3), the Registrar shall not reinstate a driver's licence under this section unless the Registrar is satisfied that the person meets all the requirements for the issuance of a driver's licence.

             (5)  A person who holds a driver's licence which has been restricted under this section and drives a motor vehicle in contravention of any restriction imposed by the Registrar commits an offence.

2006 cS-31.1 s82

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Suspension or cancellation

      65. (1) The registrar shall by written order suspend or cancel the driver's licence or driving privileges of a person who has been convicted of an offence committed anywhere in Canada under section 220, 221, 236, 249, 252, 253, 254, 255, 259 or another provision of the Criminal Code which involves the use of a motor vehicle or in the commission of which a motor vehicle was used,

             (a)  for a period of 12 months in the case of a first conviction;

             (b)  for a period of 36 months in the case of a second conviction entered within 10 years after the first conviction;

             (c)  for a period of 60 months in the case of a third conviction entered within 10 years after the first conviction; and

             (d)  for life in the case of a fourth and subsequent conviction entered within 10 years after the first conviction.

          (1.1)  Notwithstanding subsection (1), the registrar shall by written order suspend or cancel the driver's licence or driving privileges of a person who has been convicted of an offence committed anywhere in Canada

             (a)  under subsection 255(2) of the Criminal Code , for a period of 10 years; or

             (b)  under subsection 255(3) of the Criminal Code , for life.

          (1.2)  A person whose driver's licence or driving privileges have been suspended or cancelled under subsection (1.1) may apply to the registrar to reinstate his or her driver's licence or driving privileges after

             (a)  5 years from the date of the suspension or cancellation, where the suspension or cancellation was done under paragraph (1.1)(a); or

             (b)  10 years from the date of the suspension or cancellation, where the suspension or cancellation was done under paragraph (1)(d) or (1.1)(b),

and the registrar may, reinstate the driver's licence or driving privileges subject to a fee and in accordance with conditions that the registrar may impose upon the licence, including

             (c)  the use of an ignition interlock device in accordance with regulations made under section 186; and

             (d)  participation in a program for assessment and treatment in relation to the consumption of alcohol or drugs.

             (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 paragraphs (1)(b) and (c).

             (3)  Notwithstanding subsections (1) and (1.1), where a judge makes an order prohibiting a person from operating a motor vehicle for a greater period than that outlined in this section, the registrar shall impose the same period of suspension as the judge has imposed and the person is not eligible to apply for reinstatement under subsection (1.2) until that period of suspension has expired.

1988 c33 s64; 1990 c43 s7; 1994 c18 s8; 1997 c13 s29; 2000 c26 s6; 2002 c11 s5; 2009 c9 s18

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Rep. by 2009 c9 s19

   65.1 [Rep. by 2009 c9 s19]

2009 c9 s19

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Rep. by 1994 c18 s9

      66. [Rep. by 1994 c18 s9]

1994 c18 s9

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Concurrent suspensions

      67. Where a person is convicted of more than one of the offences mentioned in subsection 64(1) or 65(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 first conviction.

2000 c26 s7

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Driving without a licence

      68. The registrar shall by written order suspend or cancel the driver’s licence of a person who is convicted of an offence under subsection 73(2), for a period of not less than

             (a)  4 months in the case of a first conviction; and

             (b)  9 months in the case of a subsequent conviction entered within 5 years after the first conviction.

2000 c26 s8

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Commencement of suspension or cancellation

      69. (1) The suspension or cancellation of a driver’s licence under section 64 or 65 has effect from the date of the conviction and the suspension or cancellation of a driver’s licence under section 68 has effect on a date determined by the registrar.

             (2)  Notwithstanding subsection (1), where a 2nd or subsequent suspension occurs before the initial suspension or cancellation has expired, the second or subsequent suspension shall be in addition to the period of suspension or cancellation imposed initially under section 64, 65 or 68 and shall begin upon expiration of the previous period of suspension or cancellation.

1994 c18 s11; 1998 c21 s11; 2000 c26 s9

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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 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; 1994 c18 s12

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Where licence suspended or cancelled

      71. (1) Notwithstanding section 67, where a person whose driver’s licence has been suspended or cancelled, during the period of suspension or cancellation

             (a)  obtains a licence as a result of perjury or the making of a false affidavit or statement to the registrar; or

             (b)  is convicted of an offence referred to in section 64, 65 or 68,

the further period of suspension or cancellation shall begin after the end 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

             (a)  upon the conviction of a non-resident for an offence under this Act or the regulations, or for an offence committed anywhere in Canada under section 220, 221, 236, 249, 252, 253, 254, 255, 259, 335 or another provision of the Criminal Code which involves the use of a motor vehicle or in the commission of which a motor vehicle was used; or

             (b)  upon a suspension or cancellation of the driver’s licence of a non-resident,

forward a report of the conviction, suspension or cancellation to the administrator of motor vehicle laws in the jurisdiction where the non-resident lives.

             (4)  Where the registrar receives evidence showing that the privileges of a person to drive a motor vehicle have been suspended or cancelled under a law of a jurisdiction outside the province, the tenor of which the registrar considers to be similar to section 64, 65 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 privileges remain suspended or cancelled in that jurisdiction, except in the case of a person issued a driver's licence in the province whose driving privileges were subsequently suspended or cancelled in the province for a period of time which has expired, in which case the registrar may issue a driver's licence despite the fact a jurisdiction outside the province may have imposed a longer period of suspension or cancellation for the same offence which has not yet expired.

             (5)  [Rep. by 2005 c46 s2]

             (6)  [Rep. by 2005 c46 s2]

             (7)  When 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 that suspension is lifted, the registrar may, notwithstanding

             (a)  that the person's licence has been suspended; or

             (b)  that the person's licence has been suspended and subsequently lapsed or expired

permit the person to undergo a road test and may reinstate the licence of a person referred to in paragraph (b) at the time considered by the registrar to be appropriate as if his or her licence had not expired.

1988 c33 s70; 1990 c43 s10; 1994 c18 s13; 1995 c18 s5; 2000 c26 s10; 2005 c46 s2

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Driver to return licence

      72. (1) The registrar or peace officer 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 or peace officer, 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; 1994 c18 s14

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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 who drives a motor vehicle and

             (a)  whose driver’s licence has been suspended or cancelled;

             (b)  who has been disqualified from holding or obtaining a licence;

             (c)  who has been refused a licence; or

             (d)  who has been prohibited from driving a motor vehicle,

is guilty of an offence and is liable

             (e)  in the case of a first conviction to a fine of not less than $100 and not more than $200;

              (f)  in the case of a second conviction to a fine of not less than $200 and not more than $300;

             (g)  in the case of a third and subsequent conviction to a fine of not less than $300 and not more than $500;

             (h)  to imprisonment for 6 months; or

              (i)  to both a fine and imprisonment.

1988 c33 s72; 1990 c43 s11; 2000 c26 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 or, where the owner is not the operator of the motor vehicle, the person operating it, shall, when requested to by a traffic officer, produce proof that a policy of insurance is in force with respect to the 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.

          (5.1)  Where

             (a)  a second conviction has been entered against a person under paragraph (5)(b) for failure to comply with subsection (1) within 2 years of the first conviction, that person is liable,

                      (i)  to a fine set out in the Schedule,

                     (ii)  to imprisonment for a term of not more than 30 days, or

                    (iii)  to both a fine and imprisonment; and

             (b)  a third or subsequent conviction has been entered against a person under paragraph (5)(b) for failure to comply with subsection (1) within 5 years of the first conviction, that person is liable,

                      (i)  to a fine set out in the Schedule,

                     (ii)  to imprisonment for a term of not less than 31 days and not more than 6 months, or

                    (iii)  to both a fine and imprisonment.

          (5.2)  Where a judge imposes sentences of imprisonment under 2 or more of the following provisions:

             (a)  paragraph (5.1)(a);

             (b)  paragraph (5.1)(b);

             (c)  paragraph 43(3.1)(b); or

             (d)  paragraph 43(3.1)(c),

the judge may, in his or her discretion, direct that the sentences be served consecutively.

             (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.

          (6.1)  A court that convicts a person for a violation of paragraph (5)(a) or (b) shall report the conviction to the registrar who shall by order in writing

             (a)  suspend the driver's licence of the owner of the vehicle for a period of 90 days beginning on the date determined by the registrar and set out in the order; and

             (b)  direct the seizure and impoundment of the motor vehicle by a peace office or a traffic officer for a period of 90 days beginning on the day the peace officer or traffic officer takes possession of the vehicle.

          (6.2)  Notwithstanding subsection (6.1), where the person who is convicted of a violation of paragraph (5)(a) or (b) is not the owner of the vehicle and has not been driving the vehicle with the consent of the owner, the registrar shall suspend the driver's licence of the person who was convicted instead of the owner and shall not order the seizure and impoundment of the motor vehicle, but, if the person whose licence is being suspended is the owner of a vehicle, the registrar shall order the seizure and impoundment of that vehicle for a period of 90 days beginning on the date the peace officer or traffic officer takes possession of the vehicle.

          (6.3)  A person whose driver's licence is suspended under paragraph (6.1)(a) or subsection (6.2) shall immediately return his or her licence to the registrar.

             (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; 2004 c27 s21; 2006 c54 s2

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Excluded driver provision

   75.1 (1) Notwithstanding there is in force a policy of insurance in respect of a motor vehicle, the vehicle is considered to be an uninsured vehicle for the purpose of this Act while it is being operated by an excluded driver as defined in the Automobile Insurance Act with respect to that policy unless the excluded driver is insured under another policy of insurance in respect of the vehicle being operated.

             (2)  An operator of a motor vehicle who is named as an excluded driver under a policy of insurance under which the vehicle is insured shall, when requested to do so by a traffic officer, produce proof that the operator is a named insured under another policy of insurance with respect to the vehicle being operated.

             (3)  Subsections 75(3) to (6.1) apply, with the necessary changes, to an excluded driver under this section.

2004 c27 s22

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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 theAutomobile 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;

          (a.1)  the coverage by insurance of motor vehicles which are contracted to school boards in the province for the transportation of students to and from school and school related activities;

             (b)  the form and kind of an insurance policy respecting a vehicle referred to in paragraphs (a) and (a.1);

             (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; 2006 c23 s6

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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 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; 2009 c9 s20

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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 upon 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, 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; 2009 c9 s21

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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 for each certificate a fee prescribed by the minister.

             (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; 1998 c21 s12

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Appeal

   84.1 (1) A person aggrieved by a decision of the registrar to suspend, cancel or refuse

             (a)  a permit or licence;

             (b)  the registration of a motor vehicle; or

             (c)  an application for a permit or licence,

other than a suspension or cancellation made under sections 65, 67 and 68 or as a result of an accumulation of demerit points, may, within 30 days of receipt of the decision, appeal the decision to a judge of the Trial Division by filing in the office of the Registrar of the Supreme Court a notice of appeal and by serving a copy of the notice upon the registrar.

             (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; or

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

             (4)  The filing of an appeal under this section does not affect the decision appealed from and the decision remains in force pending the outcome of the appeal.

             (5)  This section shall not apply to a novice driver.

2005 c46 s3

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      85. [Rep. by 2005 c46 s4]

2005 c46 s4

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      86. [Rep. by 2005 c46 s4]

2005 c46 s4

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      87. [Rep. by 2005 c46 s4]

2005 c46 s4

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      88. [Rep. by 2005 c46 s4]

2005 c46 s4

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      89. [Rep. by 2005 c46 s4]

2005 c46 s4

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      90. [Rep. by 2005 c46 s4]

2005 c46 s4

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      91. [Rep. by 2005 c46 s4]

2005 c46 s4

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      92. [Rep. by 2005 c46 s4]

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      93. [Rep. by 2005 c46 s4]

2005 c46 s4

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)  [Rep. by 2009 c9 s22]

             (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)  [Rep. by 2009 c9 s22]

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

1988 c33 s95; 2009 c9 s22

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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 of Works, Services and Transportation or a traffic authority.

1988 c33 s103; 1998 c21 s14

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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 prescribed by the Minister of Works, Services and Transportation 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 and no other vehicle shall stop or park at a bus stop.

           (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 of Works, Services and Transportation 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 of Works, Services and Transportation 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; 1992 c39 s6; 1998 c21 s15

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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 of Works, Services and Transportation or a traffic authority.

1988 c33 s106; 1998 c21 s16

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No advertising on device

   108. A person shall not place or maintain commercial advertising upon a traffic-control device as prescribed by the Minister of Works, Services and Transportation.

1988 c33 s107; 1998 c21 s17

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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 of Works, Services and Transportation 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.

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

1988 c33 s109; 1998 c21 s18; 2010 c22 s5; 2010 c22 s5

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Speed limit

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

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

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

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

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

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

                     (ii)  facing oncoming traffic.

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

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

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

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

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

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

2008 c57 s5; 2010 c22 s5

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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, or when in pursuit of an actual or suspected violator of the law shall not show a flashing red light.

1988 c33 s122; 1994 c28 s9

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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 wher