Short title
1. These regulations may be cited as the Highway Traffic Driver Regulations, 1999.
110/98 s1
PART I
INTERPRETATION
74/03 s1
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 person's driver's
licence, authorized by the registrar, of
(i) that person's status as a novice driver,
(ii) the class or classes of driver's 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 driver's 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 driver's body and to prevent a motor vehicle from being started if
the concentration of alcohol in the driver's 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 driver's 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 driver's
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
driver's licence; and
(k) "novice
driver's licence" means a level I or a level II of a class 5 or 6 driver's
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 driver's licence unless the context indicates
otherwise.
110/98 s2; 74/03 s2
PART II
DRIVER LICENSING
74/03 s3
Classes of licence
3. (1) There are established, as described in
subsection (2), different classes of driver's 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 driver's licence which shall permit the holder to operate semi trailer trucks
and other classes of driver's licence as shown by the endorsement of the
registrar on the licence;
(b) class
2 driver's licence which shall permit the holder to operate buses which carry
more than 24 passengers and other classes of driver's 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 driver's licence as shown by
endorsements of the registrar on the licence but does not include a semi
trailer truck;
(d) class 4 driver's 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 driver's licence as shown by the endorsements of the registrar;
(e) class
5 driver's 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 driver's licence which shall permit the holder to operate a motorcycle only;
(g) class
7 driver's 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 driver's 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 driver's licence
unless that person has first been issued a class 5 driver's 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 driver's 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 driver's licence unless that person has first completed levels
I and II of a class 5 driver's licence as required by these regulations.
(6) The
registrar shall not, unless otherwise stated in these regulations, issue to a
person a class 6 driver's licence unless that person has first completed levels
I and II of a class 6 driver's 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
Novice driver's 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 driver's 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 driver's 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 person's parent or legal guardian or another person whom the
registrar considers to be acceptable.
(4) A
novice driver's 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
Level I, class 5
5. (1) A novice driver level I of a class 5
driver's licence is valid for not more than 2 years.
(2) A
novice driver who holds a Level I, class 5 driver's 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 driver's
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 driver's 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
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 driver's 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 driver's 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 driver's licence commencing 12 months after the
date on which a level II, class 5 driver's licence was issued to him or her
except that where his or her level II, class 5 driver's licence has been
suspended under section 60.4 of the Act, the
Criminal Code (Canada) or section 5 of the Highway Traffic Demerit Point System Regulations his or her class 5
driver's licence shall commence immediately after 12 months after the re-issuance
of his or her level II, class 5 driver's 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
Level I, class 6
7. (1) A novice driver's level I, class 6 driver's
licence is valid for not more than 2 years.
(2) A
novice driver who holds a level I, class 6 driver's 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 driver's 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 driver's 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
Level II, class 6
8. (1) A novice driver who holds a level II, class
6 driver's 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 driver's licence,
successfully complete a driver's 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 driver's licence 12 months
after the date on which that level II, class 6 driver's licence was issued to
him or her except that where his or
her level II, class 6 driver's 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 driver's licence shall commence
immediately after 12 months after the re-issuance of his or her level II, class
6 driver's licence.
(4) Notwithstanding
subsection (3) and subsection 7(3), where a person who is the holder of a class
5 driver's licence applies as a novice driver for a level I, class 6 driver's
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 driver's licence.
110/98 s8
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
Suspension
10. (1) Where a novice driver's level I, class 5 or
6 driver's licence is suspended, his or her driver's licence shall, where
reinstated, be reissued as if level I were being commenced for the first time.
(2) Where
a novice driver's level II, class 5 or 6 driver's licence is suspended, his or
her driver's 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 driver's licence
has been cancelled or suspended, the registrar may waive a further examination
before reinstating that licence.
110/98 s10
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 driver's licence.
110/98 s11
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
driver's 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
driver's 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
Examination
13. (1) The registrar shall not issue to a person a
driver's 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 person's 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 driver's licence;
(b) a
test of the person's 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 driver's 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
Class 8
14. A person who applies for a class 8 driver's
licence is not required to have a class 5 driver's licence.
110/98 s14
Other jurisdictions
15. (1) An applicant for a driver's licence of any
class who has a valid driver's 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 driver's 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 driver's 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 driver's 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
driver's licence whether or not that licence has been issued under this Act or
an Act of another jurisdiction.
110/98 s15
Applicant from another jurisdiction
16. Where an applicant for a driver's licence has a
valid driver's licence from another jurisdiction authorizing that applicant to
drive a class of motor vehicle for which the driver's licence is sought, the registrar,
before issuing a driver's licence under the Act and regulations
(a) with
respect to a driver's licence issued in Canada,
the United States or Germany
may waive all examination requirements;
(b) with
respect to a driver's 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 driver's 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
Exemption
17. Section 13 shall not apply to a person who
applies for a driver's 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
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 driver's licence from the visiting force state.
110/98 s18
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
Renewal
20. (1) The registrar shall not renew a
driver's 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 driver's licence at the bank, that driver's licence shall be
considered to be valid for 40 days from the date of payment of that fee.
110/98 s20; 98/06 s2
Air brakes
21. A person shall not operate a motor vehicle
equipped with an air braking system unless that person's driver's licence has
an air brake endorsement indicating that the person may operate a motor vehicle
with air brakes.
110/98 s21
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 driver's 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
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 driver's 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
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 driver's 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
Students occupying driver education motor vehicle
25. (1) Where a class 5 driver's 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
Upgrading driver
26. A person who is upgrading his or her driver's
licence from a class 5 or 6 to another class of driver's licence in accordance
with subsection 3(4) shall not operate a motor vehicle requiring the upgraded
driver's 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 driver's
licence of the class for which an upgraded driver's licence is being sought.
110/98 s26
PART IV
IGNITION INTERLOCK PROGRAM
74/03 s5
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 driver's 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 driver's 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
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);
(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
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
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
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
Rep. by 49/09 s3
26.6 [Rep.
by 49/09 s3]
49/09 s3
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
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
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
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
Rep. by 74/03 s8
29. Rep. by 74/03 s8
74/03 s8
Rep. by 74/03 s8
30. Rep. by 74/03 s8
74/03 s8
Repeal
31. The
Highway Traffic Driver Regulations, Consolidated
Newfoundland Regulation 13/96, are repealed.
110/98 s31
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
Schedule A
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 driver's
licence without properly licensed driver instructor
|
90
|
65
|
110/98 Sch B
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