This is an official version.
Copyright © 2000: Queens Printer,
Statutes of Newfoundland 1999
AN ACT TO AMEND THE HIGHWAY
(Assented to December 14, 1999)
1. S.2 Amdt.
2. S.186 Amdt.
3. S.189 Amdt.
4. Ss. 189.1 and 189.2 Added
5. S.201 R&S
6. S. 205 Amdt.
7. SN1995 cP-31.1
Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:
1. Section 2 of the Highway Traffic Act is amended by renumbering paragraph (a) as (a.2) and by adding immediately before paragraph (a.2) the following:
(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;
2. Subparagraph 186(h)(i) of the Act is repealed and the following substituted:
(i) requiring the registrar to keep a record of the convictions specified in the regulations of each novice driver and driver, whether resident or non-resident, for offences under this Act or the regulations or regulations made under section 189 or 189.1 or for an offence under the Criminal Code involving the use of a motor vehicle,
3. (1) Paragraph 189(1)(n) of the Act is amended by striking out the words and comma "by means of mechanical appliances,".
(2) Subsection 189(6) of the Act is amended by adding immediately after the word "sidewalks" a comma and the words "parking areas".
4. The Act is amended by adding immediately after section 189 the following:
Airport authority regulations
189.1 (1) Notwithstanding paragraph 2(aa), in this section highway includes a place or way on airport authority lands.
(2) An airport authority, named in an order that the Lieutenant-Governor in Council may make, may with the approval of the Minister of Works, Services and Transportation make regulations
(a) fixing the maximum or minimum speeds at which motor vehicles may be driven upon airport authority lands;
(b) regulating the use of specified highways or parts of them either absolutely or subject to conditions, including conditions as to place and direction of entry;
(c) regulating the routes or directions to be followed by vehicles from one specified point to another;
(d) regulating the relative position in the roadway of traffic of differing speeds or types;
(e) prescribing the places where vehicles may not turn so as to face in the opposite direction to that in which they were proceeding or where they may so turn only under conditions prescribed by the regulations;
(f) regulating the loading and unloading of articles onto or from vehicles on specified highways;
(g) regulating the stopping of vehicles on specified highways for the purpose of picking up or discharging passengers;
(h) regulating the manner in which and the times and places at which and the conditions on which vehicles may draw up, stand, park, wait or be left unattended on highways;
(i) for the purpose of paragraph (h) defining the expressions "draw up", "stand", "park", and "unattended";
(j) regulating the parking, standing or waiting of vehicles on highways, in order to facilitate snow ploughing, snow removal or street cleaning;
(k) regulating the leading or driving of horses, cattle, sheep and other animals on highways;
(l) regulating the manner and prescribing the conditions subject to which and the times at which horses may be ridden on highways;
(m) prescribing the places on highways and in other public places where vehicles may or may not wait, either generally or at particular times, and the manner of placing those vehicles;
(n) regulating the reservation of highways or parts of highways for parking purposes and the charging and collection of fees for parking and generally in respect of other matters in connection with parking; and
(o) creating an offence for contravention of the regulations and prescribing a penalty in the form of a fine, a late payment penalty and imprisonment in default of payment of a fine or late payment penalty.
(3) Different regulations may be made under subsection (2) in respect of different classes or descriptions of vehicles or traffic and in respect of the same class or description of vehicles or traffic in different circumstances, and may apply generally or to a particular part of the airport authority lands or to particular places or roads, streets or bridges and may apply generally or during particular periods or at or between specified times or on specified occasions or at specified times only or in particular circumstances or conditions only.
(4) An airport authority may appoint one or more persons to enforce regulations made under subsection (2).
(5) Regulations made under subsection (2) have effect only within the airport authority lands of the airport authority making the regulations.
(6) Regulations made under subsection (2) shall be published in the Gazette and in at least one other newspaper circulating in the municipality nearest the airport property and shall have effect from the date of publication in the Gazette or from a later date that may be specified in the regulations.
Airport authority fines
189.2 (1) A fine recovered under the regulations made under subsection 189.1(2) shall be forwarded by the court imposing the fine to the Department of Justice which shall send the fine to the airport authority.
(2) The airport authority shall pay the province $5, or another amount that the Minister of Justice may order, for every ticket processed by the province for a violation of the regulations made under section 189.1.
5. Section 201 of the Act is repealed and the following substituted:
Time limit for prosecution
201. A prosecution for an offence under this Act or the regulations or under regulations made under section 189 or 189.1 shall be started and process served not later than one year after the offence was committed, except where those regulations provide that a prosecution for an offence shall be started within a shorter period.
6. Subsections 205(1) and (2) of the Act are amended by adding immediately after the figure "189" the word and figure "or 189.1.
7. (1) Paragraph 2(1)(b) of the Provincial Offences Act is repealed and the following substituted:
(b) "enactment" means a provincial statute, subordinate legislation as defined by the Statutes and Subordinate Legislation Act, a municipal regulation or by-law and a regulation made by an airport authority under section 189.1 of the Highway Traffic Act;
(2) Subsection 33(2) of the Act is repealed and the following substituted:
(2) Where an enactment provides that a fine or late payment penalty imposed on conviction for an offence inures to the benefit of an airport authority, municipality, town, city, local service district or community council and the conviction has not been entered as a judgment under subsection (1), an agent of the airport authority, municipality, town, city, local service district or community council may enter the amount of the fine, together with an applicable late payment penalty, payable by the convicted defendant for that offence as a judgment under subsection (1).
©Earl G. Tucker, Queen's Printer