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NEWFOUNDLAND AND LABRADOR
REGULATION 110/98

Highway Traffic Driver Regulations, 1999
under the
Highway Traffic Act
(O.C. 98-729)

Amended by:

74/03
98/06
49/09
92/10

2013 c16 s26
78/17

NEWFOUNDLAND AND LABRADOR
REGULATION 110/98

Highway Traffic Driver Regulations, 1999
under the
Highway Traffic Act
(O.C. 98-729)

(Filed December 23, 1998)

Under the authority of sections 55.1 and 186 of the Highway Traffic Act , the Minister of Government Services and Lands and the Lieutenant-Governor in Council make the following regulations.

Dated at St. Johns , December 23, 1998 .

Ernest McLean
Minister of Government Services and Lands

John R. Cummings, Q.C.
Deputy Clerk of the Executive Council

REGULATIONS

Analysis


       
1.   Short title

              PART I
INTERPRETATION

       
2.   Interpretation

              PART II
DRIVER LICENSING

       
3.   Classes of licence

       
4.   Novice drivers licence

       
5.   Level I, class 5

       
6.   Level II, class 5

       
7.   Level I, class 6

       
8.   Level II, class 6

       
9.   Parent or guardian presence

     
10.   Suspension

     
11.   Other jurisdiction

     
12.   Medical

     
13.   Examination

     
14.   Class 8

     
15.   Other jurisdictions

     
16.   Applicant from another jurisdiction

     
17.   Exemption

     
18.   NATO forces

     
19.   International Driving Permit

     
20.   Renewal

     
21.   Air brakes

     
22.   Exemption

              PART III
DRIVER EDUCATION AND UPGRADING

     
23.   Approved driver education program

     
24.   Authorized driving instructor

     
25.   Students occupying driver education motor vehicle

     
26.   Upgrading driver

              PART IV
IGNITION INTERLOCK PROGRAM

   
26.1   Ignition interlock application

   
26.2   Extension of ignition interlock restriction

   
26.3   Installation

   
26.4   Costs

   
26.5   Duties of licence holder

   
26.6  
Rep. by 49/09 s3

   
26.7   Inspection

   
26.8   Offence

              PART V
GENERAL

     
27.   Evidence of program completion

     
28.   Fines

     
29.   Rep. by 74/03 s8

     
30.   Rep. by 74/03 s8

     
31.   Repeal

     
32.   Commencement


Schedule A


Schedule B


Short title

        1. These regulations may be cited as the Highway Traffic Driver Regulations, 1999 .

110/98 s1

PART I
INTERPRETATION

74/03 s1

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Interpretation

        2. (1) In these regulations

             (a)  "accompanying driver" means, in the Act and these regulations, a driver who is required to accompany a novice driver under sections 5,6, 7 and 8;

             (b)  "Act" means the Highway Traffic Act ;

             (c)  "air brake endorsement" means an authorization of the registrar under section 21 which permits a person to operate vehicles equipped with air brake systems;

             (d)  "approved driver education program" means a driver education program approved by the minister under section 23;

             (e)  "authorized driving instructor" means a person who has been approved as a driving instructor by the registrar under section 24;

          (e.1)  "authorized installer" means a person authorized by the registrar under section 26.3 to install, maintain and remove ignition interlock devices;

             (f)  "endorsed" and "endorsement" means an indication upon a persons drivers licence, authorized by the registrar, of

                      (i)  that persons status as a novice driver,

                     (ii)  the class or classes of drivers licence held by that person,

                    (iii)  the authorization for that person to receive instruction from an authorized driving instructor and an accompanying driver for the purpose of upgrading to a new class of drivers licence, and

                    (iv)  the authorization for that person to operate a motor vehicle equipped with an air brake system;

          (f.1)  "ignition interlock device" means a device approved by the registrar that is designed to ascertain the presence of alcohol in a drivers body and to prevent a motor vehicle from being started if the concentration of alcohol in the drivers body exceeds 20 milligrams of alcohol in 100 millilitres of blood;

          (f.2)  "ignition interlock restriction" means a restriction on a person's driver's licence that they may only operate a motor vehicle that is equipped with an ignition interlock device;

             (g)  "international driving permit" means a special licence authorized by treaty between different nations of the world to allow tourists and other international travellers to operate a motor vehicle internationally;

             (h)  "level I" means the category of class 5 or class 6 drivers licence held by a novice driver in accordance with section 5 or section 7;

              (i)  "level II" means the category of class 5 or 6 drivers licence held by a novice driver in accordance with section 6 or 8;

              (j)  "novice driver" means, in the Act and in these regulations, a person who holds a level I or a level II of a class 5 or 6 drivers licence; and

             (k)  "novice drivers licence" means a level I or a level II of a class 5 or 6 drivers licence.

             (2)  A reference in these regulations to a class 5 or a class 6 shall be considered to be a reference to a full class 5 or class 6 licence and not to a level I or level II of a class 5 or 6 novice drivers licence unless the context indicates otherwise.

110/98 s2; 74/03 s2

PART II
DRIVER LICENSING

74/03 s3

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Classes of licence

        3. (1) There are established, as described in subsection (2), different classes of drivers licence for the province.

             (2)  The registrar may issue to a person who meets the requirements for holding that particular class of licence, a

             (a)  class 1 drivers licence which shall permit the holder to operate semi trailer trucks and other classes of drivers licence as shown by the endorsement of the registrar on the licence;

             (b)  class 2 drivers licence which shall permit the holder to operate buses which carry more than 24 passengers and other classes of drivers licence as shown by the endorsement of the registrar on the licence;

             (c)  class 3 licence which shall permit the holder to operate trucks with 3 or more axles and a combination of vehicles and other classes of drivers licence as shown by endorsements of the registrar on the licence but does not include a semi trailer truck;

             (d)  class 4 drivers licence which shall permit the holder to operate

                      (i)  taxis, ambulances and buses which carry not more than 24 passengers, and

                     (ii)  passenger vehicles designed to carry 6 or fewer passengers in addition to the driver, under a contract with a school board to carry school children to and from school and school related activities

and may, on that class 4 licence, indicate other classes of drivers licence as shown by the endorsements of the registrar;

             (e)  class 5 drivers licence which shall permit the holder to operate all motor vehicles with not more than 2 axles and combinations of vehicles where the towed vehicle is not more than 4500 kilograms in weight, buses, taxis and ambulances while not carrying passengers, self propelled motor homes with 2 or more axles, farm tractors, fork lifts, trucks designed for off highway use and vehicles known as backhoes;

             (f)  class 6 drivers licence which shall permit the holder to operate a motorcycle only;

             (g)  class 7 drivers licence which shall permit the holder to drive as a learner in accordance with section 29 and when accompanied by a licenced driver for that class; and

             (h)  class 8 drivers licence which shall permit the holder to operate traction engines only.

             (3)  The registrar shall not issue to a person a class 1, 2, 3 or 4 drivers licence unless that person has first been issued a class 5 drivers licence and has had not less than one year of driving experience as a holder of a class 5 licence.

             (4)  A person shall not upgrade to a class 1,2,3 or 4 drivers licence unless he or she has first been issued an endorsement authorizing him or her to learn the appropriate skills.

             (5)  The registrar shall not, unless otherwise stated in these regulations, issue to a person a class 5 drivers licence unless that person has first completed levels I and II of a class 5 drivers licence as required by these regulations.

             (6)  The registrar shall not, unless otherwise stated in these regulations, issue to a person a class 6 drivers licence unless that person has first completed levels I and II of a class 6 drivers licence as required by these regulations.

             (7)  The registrar may waive a requirement under this section where he or she is satisfied that the circumstances warrant such a waiver.

110/98 s3; 98/06 s1

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Novice drivers licence

        4. (1) A person who is 16 years of age or older may apply to the registrar for a class 5 or a class 6 novice drivers licence.

             (2)  Upon making an application under subsection (1), a person shall provide to the registrar an official birth certificate or other proof of identification and age which are satisfactory to the registrar.

             (3)  A novice drivers licence shall not be issued to a person who has not attained the age of 19 years unless the application for that licence has been approved and signed by that persons parent or legal guardian or another person whom the registrar considers to be acceptable.

             (4)  A novice drivers licence shall entitle the holder, while having possession of the licence to operate a motor vehicle, in accordance with the Act and these regulations, as a Level I or a Level II of a class 5 or class 6 licence.

110/98 s4

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Level I, class 5

        5. (1) A novice driver level I of a class 5 drivers licence is valid for not more than 2 years.

             (2)  A novice driver who holds a Level I, class 5 drivers licence may have the care or control of a motor vehicle, whether in motion or not provided that

             (a)  he or she is accompanied by a person who holds and has held a class 5 drivers licence or its equivalent from another jurisdiction, for not fewer than 4 years and who occupies a seat in the front of the motor vehicle, adjacent to the novice driver;

             (b)  no person, other than the novice driver and a person referred to in paragraph (a), is in that motor vehicle;

             (c)  he or she does not drive a motor vehicle between the hours of midnight and 5 a.m. ; and

             (d)  he or she displays in a conspicuous position upon the rear of the motor vehicle which he or she is driving, a sign containing the words "NOVICE DRIVER" in letters which are not shorter than 5 centimetres in height, in black lettering, on a white background.

             (3)  A novice driver shall remain at level I, class 5 for not fewer than 12 months from the date of issuance of the drivers licence at that level unless that novice driver has successfully completed a driver education program approved by the minister in which case the period is reduced to 8 months.

110/98 s5

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Level II, class 5

        6. (1) A novice driver who holds a Level II, class 5 licence may operate or have the care or control of a motor vehicle, whether in motion or not, provided that

             (a)  between the hours of midnight and 5 a.m. he or she is accompanied by a person who holds and has held a class 5 drivers licence or it equivalent from another jurisdiction, for not fewer than 4 years and who occupies the front seat of the motor vehicle adjacent to the novice driver; and

             (b)  there are no more passengers in that motor vehicle than there are seat belts available for those passengers.

             (2)  A novice driver shall, before obtaining a level II of a class 5 drivers licence, successfully complete a driving road test as required by the registrar.

             (3)  A person shall remain at level II, class 5 for not fewer than 12 months and shall be considered to hold a class 5 drivers licence commencing 12 months after the date on which a level II, class 5 drivers licence was issued to him or her except that where his or her level II, class 5 drivers licence has been suspended under section 60.4 of the Act, theCriminal Code (Canada) or section 5 of the Highway Traffic Demerit Point System Regulations his or her class 5 drivers licence shall commence immediately after 12 months after the re-issuance of his or her level II, class 5 drivers licence.

             (4)  Notwithstanding subsection (1), where a Level II, class 5 novice driver is driving to or from his or her place of employment, he or she is exempt from the requirement to have an accompanying driver provided that proof of that employment and compliance with this exemption shall, upon demand, be provided to a peace officer.

110/98 s6

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Level I, class 6

        7. (1) A novice drivers level I, class 6 drivers licence is valid for not more than 2 years.

             (2)  A novice driver who holds a level I, class 6 drivers licence may operate or have the care or control of a motorcycle, whether in motion or not, provided that he or she

             (a)  is accompanied by a motor cycle driver, on another motor cycle or in another motor vehicle, who holds and has held a class 6 drivers licence and who has had not fewer than 4 years experience as a motor cycle driver with that licence or an equivalent licence from another jurisdiction;

             (b)  does not operate a motor cycle from one half hour before sunset until one half hour after sunrise;

             (c)  does not drive on a highway where the posted speed limit is more than 80 kilometres per hour; and

             (d)  does not carry passengers.

             (3)  A novice driver shall remain at a level I, class 6 for not fewer than 12 months from the date on which that level drivers licence was issued unless that novice driver has successfully completed an approved driver education program for motor cycle drivers in which case the period is reduced to 8 months.

110/98 s7

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Level II, class 6

        8. (1) A novice driver who holds a level II, class 6 drivers licence may operate or have the care or control of a motor cycle whether in motion or not provided that he or she shall not operate that motor cycle between the hours of midnight and 5 a.m.

             (2)  A novice driver shall, before obtaining a level II, class 6 drivers licence, successfully complete a drivers road test as required by the registrar.

             (3)  A person shall remain as a novice driver at level II, class 6 for not fewer than 12 months and shall be considered to hold a class 6 drivers licence 12 months after the date on which that level II, class 6 drivers licence was issued to him or her except that where his or her level II, class 6 drivers licence has been suspended under section 60.03 of the Act, the Criminal Code or section 5 of the Highway Traffic Demerit Point System Regulations his or her class 6 drivers licence shall commence immediately after 12 months after the re-issuance of his or her level II, class 6 drivers licence.

             (4)  Notwithstanding subsection (3) and subsection 7(3), where a person who is the holder of a class 5 drivers licence applies as a novice driver for a level I, class 6 drivers licence, that person shall remain at level I, class 6 for 3 months or, where he or she has satisfactorily completed a motor cycle driver education program approved by the minister, for 1 month and provided that he or she successfully completes a road test required by the registrar, he or she may then be issued an endorsement for a class 6 drivers licence.

110/98 s8

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Parent or guardian presence

        9. Notwithstanding paragraph 5(2)(b), one or more parents or guardians of a novice driver may be present in a motor vehicle while that novice driver is undergoing instruction from an authorized driving instructor.

110/98 s9

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Suspension

      10. (1) Where a novice drivers level I, class 5 or 6 drivers licence is suspended, his or her drivers licence shall, where reinstated, be reissued as if level I were being commenced for the first time.

             (2)  Where a novice drivers level II, class 5 or 6 drivers licence is suspended, his or her drivers licence shall, where reinstated, be reissued as if Level II were being commenced for the first time.

             (3)  Notwithstanding subsections 6(3) and 8(3), where a licence has been cancelled or suspended and reissued, the total time during which a person shall hold a level II, class 5 or class 6 licence shall be not less than 12 months.

             (4)  Where an approved driver education program or a road, skill, written or vision examination has been successfully completed by a person whose drivers licence has been cancelled or suspended, the registrar may waive a further examination before reinstating that licence.

110/98 s10

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Other jurisdiction

      11. A period of time during which a novice driver is a licensed driver in another province or territory of Canada or of another country may, in the discretion of the registrar be substituted for a period of time during which the novice driver is required to have a level I or II of a class 5 or 6 drivers licence.

110/98 s11

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Medical

      12. The registrar shall not issue a driver's licence to the persons referred to in paragraphs (a) and (b) unless the driver has undergone a  medical examination and filed with the registrar a certificate from a qualified medical practitioner or a qualified nurse practitioner and completed in accordance with medical standards fixed by the "CCMTA Medical Standards for Drivers" made by the Canadian Council of Motor Transportation Administrators, and

             (a)  for a person who holds a class 1, 2, 3 or 4 drivers licence, the certificate shall be filed at the time of making the original application, every 5 years to age 45, every 3 years to age 65 and annually each year after age 65; and

             (b)  for a person who holds a class 5, 6 or 8 drivers licence, the certificate shall be filed at the ages of 75 and 80 years and every 2 years after the age of 80 years.

49/09 s1

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Examination

      13. (1) The registrar shall not issue to a person a drivers licence of any class or level, unless that person has successfully completed the driver examinations which the registrar may require at the time and place that the registrar may require.

             (2)  An examination under subsection (1) shall include

             (a)  a test of the persons vision, ability to identify and understand highway signs and a knowledge of highway traffic laws and safe driving practices before the issuance of a level 1, class 5 or 6 novice drivers licence;

             (b)  a test of the persons ability to operate a motor vehicle upon a highway in traffic conditions at the direction of a driver examiner before the issuance of a level II, class 5 or 6 novice drivers licence;

             (c)  a skills test for a novice driver prior to his or her being issued a level I, class 6 licence; and

             (d)  those other tests that the registrar considers necessary.

             (3)  The registrar may vary the requirements of this section where he or she is of the opinion that an examination or requirement is not necessary.

             (4)  For the purpose of paragraph (2)(b), more than one driver examiner may be present in a motor vehicle that is being driven by a novice driver.

110/98 s13

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Class 8

      14. A person who applies for a class 8 drivers licence is not required to have a class 5 drivers licence.

110/98 s14

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Other jurisdictions

      15. (1) An applicant for a drivers licence of any class who has a valid drivers licence issued by another jurisdiction shall deliver that licence to the registrar and the registrar shall not issue to that person, under the Act, a drivers licence of any level or class until the licence from the other jurisdiction has been delivered to him or her.

             (2)  Where the registrar verifies that a drivers licence has been issued by another jurisdiction but is not available for delivery to him or her, he or she may waive the requirement that the licence be delivered under subsection (1) and may issue a drivers licence in accordance with the Act.

             (3)  Notwithstanding subsection (1), the registrar may permit a driver from another jurisdiction to retain his or her licence from that jurisdiction where the registrar is satisfied that that retention is necessary.

             (4)  Except as provided under subsection (3), a person shall not hold more than one drivers licence whether or not that licence has been issued under this Act or an Act of another jurisdiction.

110/98 s15

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Applicant from another jurisdiction

      16. Where an applicant for a drivers licence has a valid drivers licence from another jurisdiction authorizing that applicant to drive a class of motor vehicle for which the drivers licence is sought, the registrar, before issuing a drivers licence under the Act and regulations

             (a)  with respect to a drivers licence issued in Canada , the United States or Germany may waive all examination requirements;

             (b)  with respect to a drivers licence issued in another jurisdiction not described in paragraph (a), shall require compliance with section 13 unless a reciprocal agreement concerning mutual recognition of driver licences is in effect between the province and the other jurisdiction, in which case the registrar shall comply with the terms of that agreement; and

             (c)  for the purpose of facilitating the licencing of drivers who change their place of residence, the registrar may enter into reciprocal agreements granting mutual recognition of valid drivers licences issued by the signatory jurisdictions and providing for waivers of certain examination requirements, and the terms of those agreements shall be complied with as if they were part of these regulations.

110/98 s16

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Exemption

      17. Section 13 shall not apply to a person who applies for a drivers licence of any class

             (a)  who holds a valid Canadian Forces Europe Driving Permit; and

             (b)  who is a member of a visiting NATO force.

110/98 s17

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NATO forces

      18. A person visiting the province as a member of the NATO Forces in accordance with the provisions of Article IV(a) of the Status of Forces Agreement may operate a forces service vehicle provided he or she holds a valid drivers licence from the visiting force state.

110/98 s18

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International Driving Permit

      19. A person who holds a valid International Driving Permit may drive a motor vehicle in the province for not more than 90 days from the date of entering the province, provided the person is not a resident of the province.

110/98 s19

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Renewal

      20. (1) The registrar shall not renew a drivers licence of any class if that licence has been expired for more than 5 years unless that person complies with section 13.

             (2)  Where a person pays the prescribed fee for the renewal of a drivers licence at the bank, that drivers licence shall be considered to be valid for 40 days from the date of payment of that fee.

110/98 s20; 98/06 s2

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Air brakes

      21. A person shall not operate a motor vehicle equipped with an air braking system unless that persons drivers licence has an air brake endorsement indicating that the person may operate a motor vehicle with air brakes.

110/98 s21

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Exemption

      22. A

             (a)  peace officer or a firefighter operating a motor vehicle while on duty;

             (b)  driver examiner or motor vehicle inspector appointed under the Act who is operating a motor vehicle while on duty;

             (c)  salesperson of motor vehicles who is operating a motor vehicle for demonstration purposes; and

             (d)  motor vehicle mechanic or garage service personnel who is operating a service truck or road testing a motor vehicle or calling for or delivering a motor vehicle either before or after servicing or repair to that truck or motor vehicle,

and who holds a class 5 drivers licence, is exempt from a requirement to have an endorsement for a particular vehicle or class of licence.

110/98 s22

PART III
DRIVER EDUCATION AND UPGRADING

74/03 s4

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Approved driver education program

      23. (1) The minister may approve, in the manner which he or she may establish, the operation of driver education programs in the province.

             (2)  An approved driver education program may be established to teach proper and safe motor vehicle operation skills to persons 16 years of age or older who hold or will hold a drivers licence including a novice driver's licence.

             (3)  A driver education program approved under this section

             (a)  shall comply with the polices and guidelines which the minister may establish with respect to program content, duration, records, vehicles, instructors, materials and other requirements;

             (b)  shall provide instruction in a motor vehicle in addition to instruction held in a classroom; and

             (c)  may be cancelled by the minister in accordance with the policies and guidelines he or she may establish.

             (4)  Where, under the Act or as directed by the registrar or the minister, a person is required to complete an approved driver education program or a similar course respecting the operation of a motor vehicle, that program shall be approved under subsection (1).

             (5)  [Rep. by 49/09 s2]

             (6)  [Rep. by 49/09 s2]

110/98 s23; 49/09 s2

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Authorized driving instructor

      24. (1) A person may apply to the registrar and the registrar may issue to that person a designation as an authorized driving instructor for the purpose of instructing persons who are enrolled in an approved driver education program.

             (2)  A person shall not be designated as an authorized driving instructor under subsection (1) unless he or she

             (a)  has held a class 5 drivers licence or it equivalent from another jurisdiction for not fewer than 5 years; and

             (b)  complies with the policies and guidelines that the minister may establish for authorized driving instructors.

             (3)  The registrar may cancel a designation made under subsection (1) in accordance with the policies and guidelines which the minister may establish.

110/98 s24

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Students occupying driver education motor vehicle

      25. (1) Where a class 5 drivers licence has been endorsed to allow instruction by an authorized driving instructor in class 1, 2, 3 or 4 the holder of that licence may have in a motor vehicle with him or her, not more than 4 students who are participating in a driving instruction class under the direction of that person and an approved driver education program, provided that the motor vehicle is equipped with seating for those students and those students are not in the front seat of the vehicle.

             (2)  Notwithstanding paragraph 5(2)(b), where a motor vehicle is being driven by a Level I, class 5 novice driver and the accompanying driver is authorized under section 24 to give driving instruction, the rear seat of that motor vehicle may be occupied during driving instruction, for the purpose of instruction, by not more than 3 novice drivers.

110/98 s25

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Upgrading driver

      26. A person who is upgrading his or her drivers licence from a class 5 or 6 to another class of drivers licence in accordance with subsection 3(4) shall not operate a motor vehicle requiring the upgraded drivers licence unless he or she is

             (a)  receiving instruction from an authorized instructor while taking an approved driver education program described in paragraph 23(2)(c);or

             (b)  accompanied in the front seat adjacent to him or her by a person who holds a drivers licence of the class for which an upgraded drivers licence is being sought.

110/98 s26

PART IV
IGNITION INTERLOCK PROGRAM

74/03 s5

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Ignition interlock application

   26.1 (1) A person whose driver's licence or driving privileges are suspended under section 65 of the Act may apply to the registrar during the suspension period for reinstatement of his or her driver's licence or driving privileges with an ignition interlock restriction.

             (2)  An application under subsection (1) shall be made in the form set by the registrar which shall include a notification to applicants that participation in the ignition interlock program could result in the ignition interlock restriction continuing beyond the period of suspension of their drivers licence and the court ordered prohibition period.

             (3)  The application shall be accompanied by the application fee set by the minister.

             (4)  The registrar may issue to an applicant a driver's licence with an ignition interlock restriction where the applicant

             (a)  is not otherwise prohibited or disqualified from driving under a court order or another provision of the Act, the Criminal Code or a law of another jurisdiction;

             (b)  has complied with the requirements in subsection 27(2) of these regulations;

             (c)  has paid the reinstatement fee set by the minister; and

             (d)  has provided proof of payment of all outstanding fines or late payment penalties that the registrar may require to be paid under section 16.1 of the Act.

             (5)  Where the registrar decides to accept an application under this section the registrar shall

             (a)  approve the applicant for installation and use of an ignition interlock device; and

             (b)  issue a drivers licence with a restriction that the holder may only operate a motor vehicle that is equipped with an ignition interlock device.

             (6)  The restriction on a licence issued under this section shall remain in place until the expiry of the suspension period under section 65 of the Act and the court ordered prohibition period.

             (7)  Where the restriction on a licence issued under this section lapses, the registrar shall authorize the removal of an ignition interlock device installed by the licence holder.

74/03 s5; 78/17 s1

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Extension of ignition interlock restriction

   26.2 (1) The registrar may upon review of a person's driving record and the records submitted under section 26.3 in relation to the operation of ignition interlock devices installed by that person, extend the restriction on the person's driver's licence

             (a)  beyond the expiry of the suspension period under section 65 of the Act and the court ordered prohibition period, notwithstanding subsection 26.1(6); or

             (b)  beyond the expiry of the mandatory restriction period under section 73.1 of the Act.

             (2)  Where the registrar intends to extend a person's ignition interlock restriction under subsection (1), the registrar shall give the person notice in writing

             (a)  that the registrar intends to extend the ignition interlock restriction on the person's driver's licence for the reasons specified in the notice; and

             (b)  that the person has 15 days, if he or she wishes to object to the extension, to respond in writing to the registrar setting out his or her reasons for objecting to the extension or to request an opportunity to appear before the registrar to object in person.

         (2.1)  The notice under subsection (2) shall be given 90 days before

             (a)  the later of the expiry of the suspension period under section 65 of the Act and the court ordered prohibition period where the extension is under paragraph (1)(a); and

             (b)  the expiry of the mandatory restriction period under section 73.1 of the Act where the extension is under paragraph (1)(b).

             (3)  Where the registrar receives a response described in paragraph (2)(b), the registrar shall

             (a)  review the reasons given in the response for the person's objection to the extension and may request that the person appear in person in the manner described in paragraph (b); or

             (b)  where the person requests an opportunity to appear before the registrar, advise the person in writing of the time, date and place at which the person may appear.

             (4)  After considering the reasons for the person's objection to the extension or where the person does not object, the registrar shall decide whether to extend their ignition interlock restriction and notify the person in writing of the decision at least 45 days before

             (a)  the later of the expiry of the suspension period under section 65 of the Act and the court ordered prohibition period where the extension is under paragraph (1)(a); or

             (b)  the expiry of the mandatory restriction period under section 73.1 of the Act where the extension is under paragraph (1)(b).

             (5)  Notwithstanding subsections (2) to (4), where the registrar becomes aware of information justifying an extension of a person's ignition interlock restriction within 90 days of the expiry of the

             (a)  suspension period under section 65 of the Act or the court ordered prohibition period where the extension is under paragraph (1)(a); and

             (b)  mandatory restriction period under section 73.1 of the Act where the extension is under paragraph (1)(b),

the registrar shall immediately give that person notice in writing

             (c)  that the registrar intends to extend the ignition interlock restriction on the person's driver's licence for the reasons specified in the notice; and

             (d)  of a time, date and place at which the person may appear to object to the extension.

         (5.1)  The date at which the person may appear under paragraph (5)(d) shall be before the expiry of the

             (a)  suspension period under section 65 of the Act and the court ordered prohibition period where the extension is under paragraph (1)(a); and

             (b)  mandatory restriction period under section 73.1 of the Act where the extension is under paragraph (1)(b).

         (5.2)  After hearing the reasons for the person's objection under paragraph (5)(d) or where the person does not appear, the registrar shall decide whether to extend their ignition interlock restriction and immediately notify the person in writing of the decision.

             (6)  A person who has been notified by the registrar of an extension of their ignition interlock restriction under subsection (4) or (5.2) may, within 30 days after receiving notice of the decision, appeal the decision or order to the Trial Division by filing a notice of appeal with the court.

             (7)  An appeal under subsection (6) does not stay the decision being appealed unless the Trial Division orders otherwise.

74/03 s5; 2013 c16 s26; 78/17 s2

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Installation

   26.3 (1) The registrar shall authorize one or more persons to install, maintain and remove ignition interlock devices.

             (2)  An authorized installer shall maintain for a period of 6 years from the removal of an ignition interlock device a record of

             (a)  the approval for the installation of the ignition interlock device received by the installer from the registrar;

             (b)  the installation, inspection, maintenance and removal of the ignition interlock device by the installer; and

             (c)  the results of each inspection of the ignition interlock device carried out by the installer.

             (3)  An authorized installer shall notify the registrar if an inspection by the installer reveals evidence that an ignition interlock device has been tampered with.

             (4)  An authorized installer shall notify the registrar of any outstanding payments required under section 26.4.

             (5)  An authorized installer shall submit the records described in this section to the registrar in the manner and at the times set by the registrar.

74/03 s5

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Costs

   26.4 (1) A person who holds a driver's licence with an ignition interlock restriction shall pay

             (a)  all costs associated with the installation, monitoring, servicing and removal of an ignition interlock device in each motor vehicle the holder operates; and

             (b)  the administrative fee set by the minister.

             (2)  Where a person fails to pay an amount described in subsection (1), the registrar may revoke the approval of the person for the use of an ignition interlock device and,

             (a)  where the suspension period under section 65 of the Act or a court ordered prohibition period for the person has not expired, reinstate the suspension of his or her driver's licence until subsection (1) is complied with or until the expiry of the suspension, whichever occurs first;

             (b)  where the ignition interlock restriction period under section 73.1 of the Act for the person has not expired, suspend his or her driver's licence until subsection (1) is complied with; or

             (c)  where the person is driving with an ignition interlock restriction extended under section 26.2, suspend his or her driver's licence until subsection (1) is complied with or until the expiry of the extension under 26.2, whichever occurs first.

             (3)  The mandatory restriction period referred to in section 73.1 of the Act shall not continue to run while a driver's licence is suspended under paragraph (2)(b).

74/03 s5; 78/17 s3

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Duties of licence holder

   26.5 (1) A person who holds a driver's licence with an ignition interlock restriction shall bring a motor vehicle in which he or she has had an ignition interlock device installed to an authorized installer or a facility designated by an authorized installer for inspection and maintenance at least once every 60 days.

             (2)  Where a person fails to comply with the requirements of subsection (1), the registrar may revoke the approval of the person for the use of an ignition interlock device and,

             (a)  where the suspension period under section 65 of the Act or a court ordered prohibition period for the person has not expired, reinstate the suspension of his or her driver's licence until subsection (1) is complied with or until the expiry of the suspension, whichever occurs first;

             (b)  where the ignition interlock restriction period under section 73.1 of the Act for the person has not expired, suspend his or her driver's licence until subsection (1) is complied with; or

             (c)  where the person is driving with an ignition interlock restriction extended under section 26.2, suspend his or her driver's licence until subsection (1) is complied with or until the expiry of the extension under 26.2, whichever occurs first.

             (3)  The mandatory restriction period referred to in section 73.1 of the Act shall not continue to run while a driver's licence is suspended under paragraph (2)(b).

74/03 s5; 78/17 s3

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Rep. by 49/09 s3

   26.6 [Rep. by 49/09 s3]

49/09 s3

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Inspection

   26.7 Where a peace officer stops a motor vehicle and determines that the driver of the vehicle is prohibited from driving a motor vehicle that is not equipped with an ignition interlock device, the peace officer may, without warrant or court order, inspect the vehicle to the extent reasonably necessary to determine

             (a)  if the vehicle is equipped with an ignition interlock device; and

             (b)  if the vehicle is properly equipped, if the device has been tampered with.

74/03 s5

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Offence

   26.8 (1) A person who is only permitted to operate a motor vehicle that is equipped with an ignition interlock device, who operates a motor vehicle that is not equipped with an ignition interlock device is guilty of an offence and is liable on summary conviction

             (a)  in a case involving a commercial motor vehicle to a fine of not less than $200 and not more than $20,000; and

             (b)  in every other case, to a fine of not less than $200 and not more than $1,000.

             (2)  A person who is only permitted to operate a motor vehicle that is equipped with an ignition interlock device who solicits a breath sample from any individual for the purpose of assisting the person to:

             (a)  start a vehicle equipped with an ignition interlock device; or

             (b)  keep a vehicle equipped with an ignition interlock device in motion,

is guilty of an offence and is liable on summary conviction,

             (c)  in a case involving a commercial motor vehicle to a fine of not less than $200 and not more than $20,000; and

             (d)  in every other case, to a fine of not less than $200 and not more than $1,000.

             (3)  A person who knowingly assists a person who is only permitted to operate a motor vehicle that is equipped with an ignition interlock device to

             (a)  start a vehicle equipped with an ignition interlock device; or

             (b)  keep a vehicle equipped with an ignition interlock device in motion,

is guilty of an offence and is liable on summary conviction,

             (c)  in a case involving a commercial motor vehicle to a fine of not less than $200 and not more than $20,000; and

             (d)  in every other case, to a fine of not less than $200 and not more than $1,000.

             (4)  A person who tampers with an ignition interlock device installed in a motor vehicle is guilty of an offence and is liable on summary conviction

             (a)  in a case involving a commercial motor vehicle to a fine of not less than $200 and not more than $20,000; and

             (b)  in every other case, to a fine of not less than $200 and not more than $1,000.

             (5)  A person who is the owner or is in possession or control of a motor vehicle that is not equipped with an ignition interlock device who knowingly permits a person who is only permitted to operate a motor vehicle that is equipped with an ignition interlock device to drive the vehicle is guilty of an offence and is liable on summary conviction

             (a)  in a case involving a commercial motor vehicle to a fine of not less than $200 and not more than $20,000; and

             (b)  in every other case, to a fine of not less than $200 and not more than $1,000.

74/03 s5

PART V
GENERAL

74/03 s6

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Evidence of program completion

      27. (1) The registrar may, upon expiry of the suspension, reinstate the driver's licence or driving privileges of a person, including a novice driver, whose licence has been suspended

             (a)  under the authority of section 60.03, 60.04, 60.2 or 60.5 of the Act;

             (b)  under a 24 hour, 7 day,  or 90 day roadside suspension; or

             (c)  due to a conviction under the Criminal Code (Canada ).

             (2)  The registrar shall require a person whose licence is reinstated under subsection (1) to provide proof of successful completion of one or more of the following programs as set out in Schedule A, within a time set by the registrar:

             (a)  an alcohol and drug education program; and

             (b)  an alcohol and drug dependency assessment, followed by an alcohol and drug rehabilitation program where the program is recommended in the assessment.

         (2.1)  Notwithstanding the coming into force of the Highway Traffic (Amendment) Act , SNL 2010 c22, where a 24 hour suspension was validly imposed under the Act as it existed before the coming into force of that amending Act, the registrar may consider that 24 hour suspension when evaluating program completion requirements under Schedule A.

             (3)  Where a person does not provide the proof required by the registrar under subsection (2) within the time set by the registrar, the registrar shall suspend the driver's licence of that person until proof is provided.

74/03 s7; 49/09 s4; 92/10 s1; 78/17 s4

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Fines

      28. A novice driver who commits an offence because he or she does not comply with a provision of these regulations is liable upon summary conviction to pay the fines established under Schedule B.

110/98 s28

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Rep. by 74/03 s8

      29. Rep. by 74/03 s8

74/03 s8

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Rep. by 74/03 s8

      30. Rep. by 74/03 s8

74/03 s8

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Repeal

      31. The Highway Traffic Driver Regulations, Consolidated Newfoundland Regulation 13/96, are repealed.

110/98 s31

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Commencement

      32. These regulations come into force on the day An Act to Amend the Highway Traffic Act No. 5 , SNL2017 c4, comes into force.

110/98 s32; 78/17 s6

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Schedule A

 

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Suspension type

No. of
Suspensions

Within a period of

Requires evidence of completion of

24 hour


2

2 years

Alcohol and drug education program

24 hour



3 or more

2 years

Alcohol and drug dependency assessment / rehabilitation

7 day


  1

 

  -

7 day

2

2 years

Alcohol and drug education program

7 day


3 or more

2 years

Alcohol and drug dependency assessment / rehabilitation

90 day


1

 

Alcohol and drug education program

90 day



2 or more

2years

Alcohol and drug dependency assessment / rehabilitation

Criminal Code


1

 

Alcohol and drug education program

Criminal Code



2 or more

10 years

Alcohol and drug dependency assessment / rehabilitation

Combination of:

(a) 24 hour

(b) 7 day

(c) 90 day suspension

(d) Criminal Code

2 of (a), (b) or (c), or a combination of 2 of them, and one suspension under (d)

2 years

Alcohol and drug dependency assessment/rehabilitation

Section 60.3 of Act

 

 

 

2 months

1

 

-

4 months


2

 

Alcohol and drug education program

6 months


3

 

Alcohol and drug dependency assessment / rehabilitation

74/03 s9; 49/09 s5; 92/10 s1; 78/17 s5

Schedule B

 

 

 

Penalty

Section, subsection or
paragraph



Offence

A fine of not more than the dollar amounts specified

 

 

Max

Min.

5(2)(a)

Failure to have accompanying driver or qualified accompanying driver

90

65

5(2)(b)

Passengers in vehicle

90

65

5(2)(c)

Driving between midnight and 5 a.m.

90

65

5(2)(d)

No display of " novice driver"

90

65

6(1)(a)

Failure to have accompanying driver or qualified accompanying driver

90

65

6(1)(b)

Passenger where insufficient number of seat belts

90

65

7(2)(a)

Failure to have accompanying driver or qualified accompanying driver

90

65

7(2)(b)

Driving between sunset and sunrise

90

65

7(2)(c)

Driving on highway with speed limit more than 80 kmph

90

65

7(2)(d)

Carrying a passenger

90

65

8(1)

Driving between midnight and 5 a.m.

90

65

21

Operating air brake equipped vehicle without proper endorsement

90

65

26

Upgrading drivers licence without properly licensed driver instructor

90

65

110/98 Sch B