37

 

 

Third Session, 47th General Assembly

63 Elizabeth II, 2014

BILL 37

AN ACT TO AMEND THE HIGHWAY TRAFFIC ACT NO. 2

Received and Read the First Time.................................................................................................

Second Reading.................................................................................................................................

Committee..........................................................................................................................................

Third Reading.....................................................................................................................................

Royal Assent......................................................................................................................................

HONOURABLE TONY CORNECT

Minister of Service Newfoundland and Labrador

Ordered to be printed by the Honourable House of Assembly

 

EXPLANATORY NOTES

This Bill would amend the Highway Traffic Act to

·         require all persons riding a bicycle to wear a helmet;

·         prohibit a parent or custodial guardian from authorizing or knowingly permitting a person under the age of 16 to ride a bicycle without a helmet;

·         introduce associated penalties; and

·         provide regulation making authority to the minister to make regulations regarding standards, specifications, identification and marking required for bicycle helmets as well as exemptions from the requirement to wear a helmet while riding a bicycle.

A BILL

AN ACT TO AMEND THE HIGHWAY
TRAFFIC ACT NO. 2

Analysis


        1.   S.129 Amdt.
Bicyclists

        2.   S.195 Amdt.
Regulations respecting equipment

        3.   Sch. Amdt.

        4.   Commencement


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

RSNL1990 cH-3
as amended

        1. (1) Subsection 129(2) of the Highway Traffic Act is amended by adding immediately after paragraph (c) the following:

          (c.1)  shall wear a bicycle helmet that complies with the regulations and shall have the chin strap of the helmet securely fastened under the chin;

             (2)  Section 129 of the Act is amended by adding immediately after subsection (2) the following:

             (3)  A parent or custodial guardian of a person under 16 years of age shall not authorize or knowingly permit that person to ride a bicycle unless he or she is wearing a bicycle helmet as required by paragraph (2)(c.1).

             (4)  A person who is 16 years of age or older who fails to comply with or otherwise contravenes paragraph (2)(c.1) is guilty of an offence and is liable on summary conviction to the penalty prescribed in the Schedule.

             (5)  A parent or custodial guardian who fails to comply with or otherwise contravenes subsection (3) is guilty of an offence and is liable on summary conviction to the penalty prescribed in the Schedule.

 

        2. (1) Subsection 195(1) of the Act is amended by adding immediately after paragraph (a) the following:

         (a.1)  prescribing standards or specifications for bicycle helmets;

         (a.2)  providing for and requiring the identification and marking of bicycle helmets;

         (a.3)  exempting any person or class of persons from the requirements of paragraph 129(2)(c.1) and prescribing conditions for exemptions;

             (2)  Section 195 is amended by adding immediately after subsection (2) the following:

         (2.1)  The minister may in addition to or instead of regulations made under paragraph (a.1) adopt by reference and constitute as regulations the whole or part or provisions of a code adopted or standards fixed, with or without modification and including amendments now or afterward made, by an organization acceptable to the minster and a certificate of the minister that a document is a copy of a code or standard referred to in this subsection or an extract from, a modification of or an amendment to a code or standard is without further proof presumptive evidence of the content of that code or standard or extract or amendment.

 

        3. (1) The Schedule to the Act is amended by adding immediately after the row starting with a reference to paragraph 129(2)(c) the following:

 

129(2)(c.1)

Riding bicycle without a bicycle helmet

180

25

6 days

1 day

             (2)  The Schedule to the Act is amended by adding immediately after the row starting with a reference to paragraph 129(2)(i) the following:

 

129(3)

Authorizing or knowingly permitting a person under the age of 16 to ride a bicycle without a bicycle helmet

180

25

6 days

1 day

Commencement

        4. This Act comes into force on April 1, 2015.