Be it enacted by the Lieutenant-Governor and
House of Assembly in Legislative Session convened, as follows:
RSNL1990 cH-3
as amended
1. (1) Subsections 60.1(9) and (9.1) of the Highway Traffic Act are repealed and the
following substituted:
(9) Upon a request being made under subsection
(1), (2), (3) or (3.1), whether or not the driver surrenders his or her
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 (1) or (2) indicates that
the proportion of alcohol in his or her blood is 50 milligrams or more of
alcohol in 100 millilitres of blood; and
(b) for a period of 90 days commencing on the fourteenth
day after the expiration of the 7 day suspension, where the driver fails or
refuses to provide a sample of his or her breath or where the analysis under
subsection (1) or (2) indicates that the proportion of alcohol in his or her
blood is 80 milligrams or more of alcohol in 100 millilitres of blood.
(9.1) Upon a request being made under subsection
(2.1) or (3.1), whether or not the driver surrenders his or her driver's
licence to the peace officer, his or her driver's licence or driving privileges
are suspended
(a) for a period of 7 days from the time the
request is made where the peace officer has reasonable grounds to believe that
the ability of the driver or person who has the care or control of the vehicle
is impaired by a drug, or a combination of a drug and alcohol, or where he or
she fails or refuses to comply with a demand under section 254 of the Criminal Code; and
(b) for a period of 90 days beginning on the fourteenth
day after the expiry of the 7 day suspension, where the driver fails or refuses
to comply with a demand made on him or her under section 254 of the Criminal Code.
(2) Section 60.1 of the Act is amended by adding
immediately after subsection (9.1) the following:
(9.2) Where, upon demand of a peace officer made
under section 254 of the Criminal Code,
the driver of a motor vehicle or the person who has the care or control of a
motor vehicle provides a sample of his or her blood which on analysis indicates
that the proportion of alcohol in his or her blood at the time the sample was
given was 50 milligrams or more of alcohol in 100 millilitres of blood, his or
her driver's licence or driving privileges are suspended for a period of 7 days
beginning on the fourteenth day following his or her receipt of a copy of the
certificate of the analysis.
(9.3) Where, upon demand of a peace officer made
under section 254 of the Criminal Code,
the driver of a motor vehicle or the person who has the care or control of a
motor vehicle provides a sample of his or her blood which on analysis indicates
that the proportion of alcohol in his or her blood at the time the sample was
given was 80 milligrams or more of alcohol in 100 millilitres of blood, his or
her 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 (9.2).
(3) Subsection 60.1(10) of the Act is repealed and
the following substituted:
(10) A 7 day suspension shall be served
concurrently with a prior unexpired suspension.
(4) Subsection 60.1(12) of the Act is repealed and
the following substituted:
(12) Upon the termination of a 7 day suspension
under this section, the driver's licence shall, if it was surrendered to a
peace officer, be returned to the driver at the address shown on the driver's licence
or to another address requested by the driver.
2. Subsection 60.2 of the Act is repealed and the
following substituted:
Progressively
increased suspensions
60.2 The
registrar shall suspend the driver's licence or driving privileges of a driver
who within 24 consecutive months has incurred a 7 day suspension
(a) for a second time, for 14 days;
(b) for a third time, for 2 months;
(c) for a fourth time, for 4 months; or
(d) for a fifth or subsequent time, for 6 months.
3. Section 60.4 of the Act is amended by adding
immediately after subsection (6.2) the following:
(6.3) Where, upon demand of a peace officer made
under section 254 of the Criminal Code,
a novice driver or a novice driver who has the care or control of a motor
vehicle provides a sample of his or her blood which on analysis indicates that
the proportion of alcohol in his or her blood at the time the sample was given
was greater than 0 milligrams of alcohol in 100 millilitres of blood, his or
her driver's licence or driving privileges are suspended for a period set out in
paragraph (6)(a), (b) or (c), whichever is the applicable one, beginning on the
fourteenth day following his or her receipt of a copy of the certificate of the
analysis and the procedure for reinstatement set out in subsection (6) applies.
(6.4) Where, upon demand of a peace officer made
under section 254 of the Criminal Code,
a novice driver or a novice driver who has the care or control of a motor
vehicle provides a sample of his or her blood which on analysis indicates that
the proportion of alcohol in his or her blood at the time the sample was given
was 80 milligrams or more of alcohol in 100 millilitres of blood, his or her
driver's licence or driving privileges are suspended for a period of 90 days
beginning on the fourteenth day following the expiry of the period of
suspension under subsection (6.3).
4. (1) Subsection 60.5(2) of the Act is
repealed and the following substituted:
(2) Where, upon demand of a peace officer made
under subsection (1), an accompanying driver fails or refuses to provide a
sample of breath or provides a sample of breath which on analysis by an
approved screening device, as defined in section 254 of the Criminal Code, indicates that the
proportion of alcohol in his or her body is greater than 0 milligrams of
alcohol in 100 millilitres of blood, the peace officer may direct the novice
driver not to drive a motor vehicle on a highway while an accompanying 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) Subsection 60.5(3) of the Act is repealed and
the following substituted:
(3) Where analysis of the breath of an
accompanying driver under subsection (2) registers the presence of alcohol as
described in that subsection, the peace officer may demand that the
accompanying driver provide a sample of his or her breath and where the
accompanying driver provides that sample, which, on analysis by an instrument
approved as suitable for the purpose of section 254 of the Criminal Code, indicates that the proportion of alcohol in his or
her blood is greater than 0 milligrams of alcohol in 100 millilitres of blood,
the peace officer may direct the novice driver not to drive a motor vehicle on
a highway while an accompanying 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) Subsection 60.5(3.1) is repealed and the
following substituted:
(3.1) Where upon demand of a peace officer made
under section 254 of the Criminal Code,
an accompanying driver fails or refuses to comply with the demand made on that
driver, the peace officer may direct the novice driver not to drive the vehicle
on a highway and shall request the accompanying driver to surrender his or her
driver's licence.
(4) Subsections 60.5(5) and (5.1) are repealed and
the following substituted:
(5) Upon a request being made under subsection (2)
or (3), whether or not the accompanying driver surrenders his or her 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) Section 60.5 of the Act is amended by adding
immediately after subsection (5.1) the following:
(5.2) Where, upon demand of a peace officer made
under section 254 of the Criminal Code,
an accompanying driver provides a sample of his or her blood which on analysis
indicates that the proportion of alcohol in his or her blood at the time the
sample was given was greater than 0 milligrams or more of alcohol in 100
millilitres of blood, his or her driver's licence or driving privileges are
suspended for a period of 7 days beginning on the fourteenth day following his
or her receipt of a copy of the certificate of the analysis.
(5.3) Where, upon demand of a peace officer made
under section 254 of the Criminal Code,
an accompanying driver provides a sample of his or her blood which on analysis
indicates that the proportion of alcohol in his or her blood at the time the
sample was given was 80 milligrams or more of alcohol in 100 millilitres of
blood, his or her driver's licence or driving privileges are suspended for a
period of 90 days beginning on the fourteenth day following the expiry of the period
of suspension under subsection (5.2).
(6) Paragraphs 60.5(6)(c) of the Act is repealed
the following substituted:
(c) inform the accompanying driver of how he or
she may collect his or her driver's licence after the expiration of the 7 day
suspension.
5. Section 110 of the Act is amended by adding
immediately after subsection (4) the following:
(5) Where a person commits an offence contrary to
subsection (3) by exceeding the speed limit set out in subparagraph (2)(d)(ii),
the fine shall be twice the fine that is set out in the Schedule for the offence.
6. Section 176.1 of the Act is repealed and the
following substituted:
Cellular
telephones and other communication devices
176.1 (1) A person shall not drive a motor
vehicle on a highway while holding, or using a hand-held wireless communication
device or other prescribed device that is capable of receiving or transmitting
telephone communications, electronic data, email or text messages.
(2) Notwithstanding subsection, (1), a person may
drive a motor vehicle on a highway while using a device described in that
subsection in hands-free mode.
(3) Subsection (1) does not apply to
(a) the driver of an ambulance, fire department
vehicle or police vehicle;
(b) a peace officer who is driving a motor vehicle
in the discharge of his or her duties;
(c) another prescribed person or class of persons;
(d) a person holding or using a device prescribed
for the purpose of this subsection; or
(e) a person engaged in a prescribed activity or
in prescribed conditions or circumstances.
(4) Subsection (1) does not apply in respect of
the use of
(a) a device to contact ambulance, police or fire
department emergency services; or
(b) a device that is linked to a non-public
shortwave radio communication system.
(5) Subsection (1) does not apply if
(a) the motor vehicle is off the roadway and is
not in motion; or
(b) the motor vehicle is lawfully parked on the
roadway.
(6) The Lieutenant-Governor may make regulations,
(a) prescribing devices
for the purpose of subsection (1); or
(b) prescribing persons,
classes of persons, devices, activities, conditions and circumstances for the
purpose of subsection (3).
7. The Act is amended by adding immediately after
section 201 the following:
Peace officer may stop vehicles
201.1 (1) A peace officer, in the lawful
execution of his or her duties, may require the driver of a motor vehicle to
stop, and the driver of the motor vehicle, when signaled or requested to stop
by a peace officer who is readily identifiable as such, shall immediately come
to a safe stop and remain stopped until permitted by the peace officer to
depart.
(2) A
peace officer may, at any time when a driver is stopped,
(a) require
the driver to give his or her name, date of birth and address to the officer;
(b) require
the driver to produce his or her licence, and the vehicle's insurance
certificate and registration and another document respecting the motor vehicle
that the peace officer considers necessary;
(c) inspect
an item produced under paragraph (b);
(d) request
information from the driver about whether and to what extent the driver
consumed alcohol or drugs before or while driving;
(e) require
the driver to go through a field sobriety test;
(f) request information from the driver about whether and to what
extent the driver is experiencing a physical or mental condition that may
affect his or her driving ability; and
(g) inspect
the motor vehicle's mechanical condition and request information from the
driver about it.
(3) For
the purpose of enforcing a provision of this Act or the regulations, a peace
officer may require a vehicle's passenger to give his or her name, date of
birth and address to the officer.
(4) A
peace officer is not required to inform a driver or passenger of his or her
right to counsel, or to give the driver or passenger the opportunity to consult
counsel, before doing anything subsection (2) or (3) authorizes.
(5) Nothing
in this section limits or negates a peace officer's authority to request
information from a driver or passenger or to make observations of a driver or
passenger that are necessary for the purpose of road safety enforcement.
8. Section 202 of the Act is repealed.
Commencement
9. (1) This Act comes into force on October
1, 2010.
(2) Notwithstanding subsection (1), section 5 of
this Act comes into force on September 1, 2010.
ŠEarl G. Tucker, Queen's Printer