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CONSOLIDATED Highway Traffic Demerit Point System Regulations
Amended by: 109/98 CONSOLIDATED Highway Traffic Demerit Point System Regulations
Under the authority of section 186 of the Highway Traffic Act and the Subordinate Legislation Revision and Consolidation Act, the Lieutenant-Governor in Council makes the following regulations. REGULATIONS
Short title 1. These regulations may be cited as the Highway Traffic Demerit Point System Regulations . Definitions 2. In these regulations (a) "accumulated demerit points" means the total demerit points in a driver's record acquired as a result of convictions under the Act, the regulations or municipal and airport authority regulations within a period of 2 years; (b) "Act" means the Highway Traffic Act; (c) "conviction date" means any of the following dates: (i) the date on which a guilty plea is entered to a charge under the Act, the regulations or municipal and airport authority regulations by (A) payment of the fine prior to the court appearance date shown on the summons, or (B) failure to appear at court as required by a summons, or (ii) the date of final disposition of a charge under the Act, the regulations or municipal and airport authority regulations whether by a court of first instance or by an appellate court; (d) "driver improvement course" means a course of driving instruction approved by the minister for points reduction under these regulations; (e) "minister" means the minister appointed under the Executive Council Act to administer the Act; (f) "municipal and airport authority regulations" means regulations made under sections 189 and 189.1 of the Act; (g) "points accumulation date" means the date which is 30 days after the conviction date; and
(h)
"probationary driver" means a person, after (i) who has held a driver's licence under the Act for less than one year within the last 3 years, or (ii) who during the first year of driving has had his or her driver's licence suspended under the Act or these regulations and has not completed one year of driving without incurring a driver's licence suspension under the Act or these regulations, excluding a suspension under the Act under subsection 63(1) for physical fitness, subsection 81(1) or 83(1). 165/92 s2; 109/98 s1; 2/2000 s1 Recording of demerit points 3. (1) Where a driver is convicted of an offence involving the operating of a motor vehicle contrary to the Act, a regulation or a municipal and airport authority regulation referred to in Column 1 of the Schedule, the registrar shall, on the points accumulation date, record in respect of that driver the number of demerit points set opposite the offence in Column 2 of the Schedule. (2) Where a driver is convicted of an offence under a regulation or a municipal and airport authority regulation not referred to in Column 1 of the Schedule, the registrar shall, on the points accumulation date, record the same number of demerit points that would be recorded upon conviction of an offence under the Act or regulation that is, in the opinion of the registrar, in substance and effect an equivalent offence to the regulation or municipal and airport authority regulation violated. (3) Where (a) a driver is convicted of more than one offence for which demerit points are to be recorded under subsection (1) or (2); (b) the offences arise out of the same incident; and (c) each offence carries the same number of demerit points, the registrar shall record the number of demerit points against the driver as if he or she had been convicted of only one offence. (4) Where (a) a driver is convicted of more than one offence for which demerit points are to be recorded under subsection (1) or (2); (b) the offences arise out of the same incident; and (c) each offence carries a different number of demerit points, the registrar shall record the number of demerit points against the driver as if he or she had been convicted only of the offence carrying the highest number of demerit points. (5) Where a resident of the province is convicted of an offence in another province, territory or state for an offence that, in the opinion of the registrar, is in substance and effect equivalent to an offence for which points would be recorded upon conviction in the province, the registrar may record the demerit points for the conviction in the same manner as if the conviction had been made under the Act for an equivalent offence. 165/92 s3; 2/2000 s2 Notice 4. (1) The registrar shall, by ordinary mail, send notices to a driver, other than a probationary driver, at the address appearing on the records of the Motor Registration Division advising that driver of the number of accumulated demerit points when that person's accumulated demerit points total (a) 6 or more; and (b) 9 or more. (2) When the accumulated demerit points of a probationary driver total 3 or more, the registrar shall, by ordinary mail, send a notice to the probationary driver at the address appearing on the records of the Motor Registration Division advising of the number of accumulated demerit points. (3) Failure by the registrar to give notice under this section does not affect the power of the registrar to suspend a driver's licence in accordance with these regulations. Suspension of driver's licence 5. (1) The registrar shall by written order suspend the driver's licence of a person who is not a probationary driver or novice driver upon the accumulation of 12 or more demerit points in a period of 2 years, for a period of not less than (a) in the case of a first suspension, 2 months; and (b) in the case of a subsequent suspension, 4 months. (2) The registrar shall by written order suspend the driver's licence of a probationary driver or novice driver upon the accumulation of 6 or more demerit points in a period of one year, for a period of not less than (a) in the case of a first suspension, 2 months; and (b) in the case of a subsequent suspension, 4 months. (3) The suspension of a driver's licence is effective as of a date to be determined by the registrar and that date shall be stated in the written order made under subsection (1) or (2). (4) For the purpose of subsection (1), demerit points accumulated by a probationary driver or novice driver are carried forward and accumulated as demerit points on the record of the driver or non-probationary driver or non-novice driver. (5) Where a suspension is imposed under this section, a driver's accumulated demerit points shall be reduced to 0 as of the conviction date of the conviction causing the suspension. (6) For the purpose of this section, a suspension for accumulation of demerit points is a subsequent suspension only if the suspension results from points accumulated pursuant to a conviction within 2 years after the conviction date of the conviction causing the previous suspension. 165/92 s5; 109/98 s2 Suspension period 6. (1) Where a driver's licence is suspended under these regulations, a further period of suspension under these regulations shall begin upon the expiration of the previous period of suspension. (2) Where a driver's licence is subject to suspension for accumulated demerit points during a period of suspension or cancellation under the Act, the commencement of the suspension for accumulated demerit points shall be postponed until the expiration of the period of suspension or cancellation under the Act. (3) Where a driver's licence is suspended or cancelled under the Act during a period suspension for accumulated demerit points under these regulations, the unexpired portion of the suspension for demerit points shall be postponed until the expiration of the period of suspension or cancellation under the Act. Point reduction 7. The registrar shall, once in a 5 year period, reduce the number of points on a driver's record by 4, provided that (a) in the case of a probationary driver or a novice driver, the driver has not accumulated 6 points and has completed a driver improvement course and provided evidence of that completion satisfactory to the registrar; or (b) in the case of a non-probationary driver or non-novice driver, the driver has not accumulated 12 points and has completed a driver improvement course and provided evidence of that completion satisfactory to the registrar. 165/92 s7; 109/98 s3 Appeal 8. (1) Where a person convicted of an offence set out in Column 1 of the Schedule enters an appeal against the conviction and notice of the appeal is served on the registrar, the conviction and demerit points related to it shall not be entered on the record of the person unless the conviction is upheld on appeal. (2) Where a conviction is under appeal and related demerit points have been recorded prior to service of notice of the appeal on the registrar, the conviction and demerit points shall be removed from the record, and a suspension imposed as a result of the conviction under appeal shall be stayed as of the date the notice is served on the registrar. (3) Subject to subsection (2), where a conviction is upheld on appeal the unexpired portion of a period of suspension for accumulation of demerit points shall run from the date of final disposition of the conviction appeal. Driver improvement course 9. The registrar may require a person whose driver's licence has been suspended for accumulation of demerit points to successfully complete a driver improvement course at the person's own expense and provide satisfactory evidence of that completion to the registrar, prior to reinstating the person's driver's licence. Holders of valid driver's licence 10. The provisions of these regulations relating to probationary drivers do not apply to a driver issued a licence under the Act having held a valid driver's licence from another province, territory or state. Date for recording demerit points
11.
For the purpose of these regulations, demerit points shall only be recorded on the points accumulation date for offences committed after Repeal
12.
The Highway Traffic (Demerit Point System) Regulations, 1992, Schedule Highway Traffic Act
Licensing and Equipment Regulations
Highway Traffic Driver Regulations, 1999
165/92 Table; 109/98 s4; 30/03 s1; 48/09 s1; 93/10 s1; 64/12 s1; 19/14 s1; 20/14 s1; 104/14 s1; 2017 c10 s16; 35/18 s1; 114/18 s1; 17/23 s1 ©Queen's Printer |