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Statutes of Newfoundland 1998
AN ACT TO AMEND THE WORKS, SERVICES AND TRANSPORTATION ACT
(Assented to December 15, 1998)
1. S.2 Amdt.
2. Part I.1 Added
3. S.60 Rep.
4. S.64 R&S
5. Sch. Added
Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:
1. Section 2 of the Works, Services and Transportation Act is amended by inserting immediately after paragraph (c) the following:
(c.1) "inspector" includes an inspector defined under the Highway Traffic Act;
2. The Act is amended by adding immediately after section 34 the following:
34.1 (1) The minister may, by regulation, prescribe traffic signs or symbols in addition to but not in conflict or inconsistent with those referred to in Part V of the Highway Traffic Act
(a) to regulate the movement of traffic;
(b) to indicate the route to be followed by traffic;
(c) to restrict or prohibit the use of a part of a highway by traffic generally or for the purpose specified on the sign;
(d) to prohibit the driving of vehicles on a highway otherwise than in a certain direction;
(e) to indicate maximum or minimum speed limits in an area or on a part of a highway so that vehicles driven faster than the maximum or slower than the minimum speed limit indicated shall be taken to have failed to conform to the indication given by the sign;
(f) notwithstanding a regulation limiting the speeds at which motor vehicles may be driven upon a highway, to increase or reduce the maximum or minimum speed limit at which motor vehicles may be driven on the highway and indicating by words, symbols, figures or letters
(i) the portion, or the beginning and the end of the portion, of the highway on which, and
(ii) the period within which or the hours or days during which
the increased or reduced maximum or minimum speed limit is in force;
(g) to restrict or prohibit the parking of vehicles in an area or on a part of a highway;
(h) to restrict or prohibit temporarily the use of a highway or a part of a highway by vehicles where it appears to the minister to be necessary;
(i) to limit loads which may be carried on a highway or part of a highway;
(j) to warn users of a highway of the need for special caution;
(k) to give notice of dangerous places;
(l) to notify users of a highway of a prohibition or restriction which has been imposed by this Act or the regulations; or
(m) to convey information to users of a highway.
(2) Regulations made under subsection (1) may
(a) prescribe that a word, figure, sign, symbol, design, coloured light or other feature of a sign or pavement marking shall be interpreted as giving a particular direction to traffic and may prescribe and explain the action required to comply with the directions; and
(b) provide for the exemption of a class of vehicles specified in the regulations from the obligation of complying with the direction given by a traffic sign or pavement marking and the conditions under which the exemption applies.
Identification of sign
34.2 The minister may by regulation prescribe for traffic signs or symbols or a class of them a special means of identification which may consist of a characteristic design, shape, colour, mark or other means of identification.
Application of signs
34.3 (1) A highway or portion of a highway to which a traffic sign or symbol applies may be defined by the sign or by the erection of a sign at each end of the highway or portion of the highway but where a sign is intended to prohibit the passage of vehicles on a highway, signs shall be erected at each end of the highway or portion of the highway to which the prohibition is to apply and at the other points that the minister may determine.
(2) A traffic sign or symbol may refer to specific classes of traffic but shall refer to vehicular traffic generally in the absence of a special indication in the sign or this Act or in a regulation with reference to the sign.
(3) A traffic sign or symbol may refer to particular periods of the day or of the year or to a limited period but, in the absence of a special indication in the sign or in this Act or in a regulation with reference to the sign or symbol, shall apply at all times until lawfully removed.
Placing of signs
34.4 (1) The minister may place or permit traffic signs or symbols to be placed on or near a highway.
(2) The existence on or near a highway of a traffic sign or symbol referred to in this Act or prescribed by the regulations is, in the absence of evidence to the contrary, proof that the sign or symbol was erected and is maintained by the minister or a traffic authority in accordance with this Act where the sign or symbol purports to regulate the use of the highway.
Minister may delegate authority
34.5 The minister may delegate to the Deputy Minister of Works, Services and Transportation authority to determine the highways or portions of highways to which traffic signs or symbols shall apply and the points at which traffic signs or symbols may be placed and the minister may authorize the Deputy Minister of Works, Services and Transportation in turn to delegate that authority to those other persons or classes of persons that the minister may indicate by name, office or employment.
34.6 (1) A person shall not place or maintain or display upon or in view of a highway a sign, signal, symbol or device or marking which purports to be or is an imitation of or resembles a traffic sign or symbol.
(2) A traffic officer, an employee of the department authorized for the purpose by the minister or an employee of a council authorized for the purpose by the council may order the removal of a sign, symbol or object resembling a traffic sign or symbol or may effect the removal of the sign, symbol or object and the minister or the council may recover summarily as a civil debt from the person who erects the sign, symbol or object the expense incurred in removing it.
(3) A traffic officer, an employee of the department or an employee of a council referred to in subsection (2) may enter on land and exercise the other powers that may be necessary for the purpose of the exercise and performance of the powers granted under that subsection.
34.7 A person shall not injure, deface, remove or interfere with a traffic sign or symbol or a notice or obstruction lawfully placed on a highway under this Act.
3. Section 60 of the Act is repealed.
4. Section 64 of the Act is repealed and the following substituted:
Time limit for prosecution
64. (1) A prosecution for an offence under this Act or the regulations shall be started and process served not later than one year after the offence was committed except where, under subsection (2), the minister or a council has in a regulation prescribed that prosecutions for offences under that regulation shall be started within some other period.
(2) The minister in making regulations and a council in making regulations under section 189 of the Highway Traffic Act may prescribe a period within which a prosecution for an offence under the regulations shall be started but the period shall not exceed one year after the offence is committed.
65. A person who fails to comply with or otherwise contravenes
(a) this Act or the regulations, including a regulation made in the exercise of a power delegated to a council of a municipality under section 189 of the Highway Traffic Act or an order made under this Act or the regulations; or
(b) a term or condition prescribed in or in respect of or attached to a permit or licence issued under this Act or the regulations
and who in respect of the failure or contravention has not been declared guilty of an offence by another provision of this Act is guilty of an offence.
66. (1) Notwithstanding the Provincial Offences Act, unless otherwise provided by this Act or the regulations, a person who has been convicted of an offence under this Act or the regulations is liable to a fine of not more than the maximum and not less than the minimum amount prescribed for the offence in the Schedule and appearing in that Schedule opposite the number or letter or both of the section, subsection or paragraph and the statement of the offence and in default of payment of the fine or, where no fine is prescribed, to imprisonment for a term not exceeding the maximum and not less than the minimum period prescribed for that offence in that Schedule and appearing there opposite the number or letter of the section, subsection or paragraph and the statement of the offence.
(2) A person who is guilty of an offence under this Act for which a penalty has not been prescribed in another provision of this Act or in the Schedule shall be liable on summary conviction
(a) where the offence is a first offence, to a fine of not less than $50 and not more than $250 and in default of payment of a fine to imprisonment for a period not exceeding one month; and
(b) where the offence is a second or subsequent offence to a fine of not less than $100 and not more than $500 and in default of payment of a fine to imprisonment for a period not exceeding 3 months.
(3) The Attorney General or a person authorized by the Attorney General in writing may, either before or after the institution of proceedings against a person for a violation of this Act referred to in the Schedule or for another violation of this Act or the regulations, accept from the person alleged to have been guilty of the violation a payment of a sum not less than the minimum nor more than the maximum fine prescribed for the violation.
(4) A payment made under subsection (3) constitutes a full satisfaction, release and discharge of all penalties and imprisonments incurred by the person charged for the violation.
(5) The payment of an amount under subsection (3) has for the purpose of this Act the same effect as if the person paying the amount had been convicted for the violation in respect of which the amount was paid and a certificate or a copy of a receipt signed by the Attorney General or the person authorized by the Attorney General under subsection (3) to the effect that the amount has been paid is, in the absence of evidence to the contrary, proof of the conviction without further proof.
Disposition of fines
67. (1) A penalty when collected shall be paid through the Department of Justice into the Consolidated Revenue Fund.
(2) A penalty collected as a result of a complaint made by a peace officer appointed in accordance with section 189 of the Highway Traffic Act shall be paid over to the council concerned by the person collecting the penalty and that council shall make returns that the Minister of Justice may direct, showing the total amount of penalties collected during the period specified in the direction and giving additional information that the Minister of Justice may require.
(3) Notwithstanding subsection (2), the province shall retain $5 or an amount that the Minister of Justice may order, for each ticket that it processes.
5. The Act is amended by adding immediately after section 67 the following:
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