13

 


 

Second Session, 47th General Assembly

62 Elizabeth II, 2013

BILL 13

AN ACT TO AMEND THE HIGHWAY
TRAFFIC ACT NO. 2

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

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

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

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

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

HONOURABLE DAN CRUMMELL

Minister of Service Newfoundland and Labrador

Ordered to be printed by the Honourable House of Assembly

 

EXPLANATORY NOTES

This Bill would amend the Highway Traffic Act to

·         define a school zone and prohibit speeding in a school zone;

·         prohibit slow moving vehicles from being driven on a highway with a speed limit of greater than 80 kilometres an hour;

·         require emergency vehicles to stop at a red light or a stop sign before proceeding through it;

·         limit the number of occupants in a vehicle to the number of seat belts in the vehicle;

·         prohibit passengers from riding on a portion of a vehicle that is not designed or normally used for carrying passengers; and

·         increase the reportable accident damage threshold to $2,000.

A BILL

AN ACT TO AMEND THE HIGHWAY TRAFFIC ACT NO. 2

Analysis


        1.   S.2 Amdt.
Definitions

        2.   S.110 Amdt.
Imprudent driving

        3.   S.110.2 Added
School zone

        4.   S.111.1 Added
Slow moving vehicle

        5.   S.123 Amdt.
Privileges of emergency vehicle

        6.   S.170 Amdt.
Accident involving property

        7.   S.178 Amdt.
Seat belts

        8.   Sch. Amdt.

        9.   Commencement


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

RNSL1990 cH-3
as amended

        1. Section 2 of the Highway Traffic Act is amended by adding immediately after paragraph (mmm) the following:

   (mmm.1)  "slow moving vehicle" means a vehicle that is not capable of attaining and sustaining a speed of 80 kilometres an hour;

 

        2. (1) Subparagraph 110(2)(d)(ii) of the Act is repealed.

             (2)  Subsection 110(5) of the Act is repealed.

 

        3. The Act is amended by adding immediately after section 110.1 the following:

School zone

110.2 (1) Except where a lower maximum speed limit is prescribed by this Act, a person shall not drive a vehicle at a speed greater than 50 kilometres an hour in a school zone.

             (2)  In this section, "school zone" means the portion or length of highway between the two posted signs indicating a school zone.

             (3)  Subsection (1) only applies between the hours of 7 a.m. and 5 p.m. on days when school is regularly held.

             (4)  A person commits an offence who, contrary to subsection (1),

             (a)  exceeds the speed limit by between 1 and 10 kilometres an hour;

             (b)  exceeds the speed limit by between 11 and 20 kilometres an hour;

             (c)  exceeds the speed limit by between 21 and 30 kilometres an hour; or

             (d)  exceeds the speed limit by 31 kilometres and over.

             (5)  Where a person who has been convicted of an offence under paragraph (4)(a), (b), (c) or (d) is convicted within a period of 2 years of an offence under paragraph 4(a), (b), (c) or (d), the new offence shall be considered as a second offence or subsequent offence for the purpose of the imposition of a penalty.

 

        4. The Act is amended by adding immediately after section 111 the following:

Slow moving vehicle

111.1 (1) A person shall not operate a slow moving vehicle on a highway with a speed limit of greater than 80 kilometres an hour.

             (2)  Subsection (1) does not apply to

             (a)  a bicycle;

             (b)  a power-assisted bicycle;

             (c)  an antique motor vehicle; or

             (d)  a vehicle actively engaged in

                      (i)  snow clearing or winter maintenance,

                     (ii)  sidewalk or highway maintenance, or

                    (iii)  sidewalk or highway construction.

             (3)  Notwithstanding subsection (1), the minister or a person authorized by him or her may issue a special permit authorizing an operator of a slow moving vehicle involved in agricultural, forestry or other similar activities to travel on a highway, subject to the terms and conditions that the minister or person authorized by him or her considers to be appropriate.

 

        5. (1) Subsection 123(1) of the Act is amended by deleting the word "and" at the end of paragraph (a) and by adding immediately after that paragraph the following:

          (a.1)  proceed past a red light or stop sign; and

             (2)  Subsection 123(2) of the Act is repealed and the following substituted:

             (2)  Notwithstanding paragraphs (1)(a) and (a.1), the driver of an emergency vehicle shall not exceed the speed limit or proceed past a red light or stop sign unless he or she is sounding an audible signal by bell, horn, siren or exhaust whistle and is showing a flashing red light where the vehicle is so equipped.

          (2.1)  Notwithstanding paragraph (1)(a.1), the driver of an emergency vehicle shall not proceed past a red light or stop sign unless he or she stopped the vehicle at the intersection and yielded the right of way to a vehicle or pedestrian in the intersection.

 

        6. Subsection 170(1) of the Act is amended by deleting the amount "$1,000" and substituting the amount "$2,000".

 

        7. (1) Section 178 of the Act is amended by adding immediately after subsection (2) the following:

          (2.1)  A person shall not operate a vehicle on a highway where there are more persons in the vehicle than there are effectively operating seat belt assemblies.

             (2)  Section 178 of the Act is amended by adding immediately after subsection (5) the following:

          (5.1)  A person shall not operate a vehicle on a highway with a person riding on a portion of the vehicle that is not designed or normally used for carrying passengers.

          (5.2)  A person shall not ride on a portion of a vehicle that is not designed or normally used for carrying passengers.

          (5.3)  Subsections (5.1) and (5.2) do not apply to a vehicle participating in a parade while travelling along the parade route.

 

        8. (1) The Schedule to the Act is amended by adding immediately after the row starting with a reference to paragraph 110.1(4)(d) the following:

110.2(4)(a)

Exceeding the speed limit by between 1 and 10 kilometres an hour
Second offence
Subsequent offence

270
450
720

100
270
450

5 days
8 days
12 days

1 day
3 days
5 days

110.2(4)(b)

Exceeding the speed limit by between 11 and 20 kilometres an hour
Second offence
Subsequent offence

300
600
900

200
400
600

5 days
10 days
12 days

2 days
4 days
6 days

110.2(4)(c)

Exceeding the speed limit by between 21 and 30 kilometres an hour
Second offence
Subsequent offence

600
900
1200

400
600
800

10 days
15 days
20 days

4 days
6 days
8 days

110.2(4)(d)

Exceeding the speed limit by 31 kilometres an hour and over
Second offence
Subsequent offence

900
1200
1500

600
800
1000

15 days
20 days
25 days

6 days
8 days
10 days

             (2)  The Schedule to the Act is amended by adding immediately after the row starting with a reference to subsection 111(3) the following:

111.1(1)

Operating a slow moving vehicle on a highway with a speed limit of greater than 80 kilometres an hour

400

100

14 days

2 days

             (3)  The Schedule to the Act is amended by deleting the words in the offence column after the reference to subsection 123(2) and substituting the words "Driver of emergency vehicle exceeding speed limit or proceeding past a red light or stop sign and not sounding audible signal or showing flashing red light".

             (4)  The Schedule to the Act is amended by adding immediately after the row starting with a reference to subsection 123(2) the following:

123(2.1)

Driver of emergency vehicle failing to stop emergency vehicle before proceeding past red light or stop sign

400

100

14 days

2 days

             (5)  The Schedule to the Act is amended by adding immediately after the row starting with a reference to subsection 178(2) the following:

178(2.1)

Driver operating vehicle with more persons in the vehicle than seat belt assemblies

500

100

17 days

2 days

             (6)  The Schedule to the Act is amended by adding immediately after the row starting with a reference to subsection 178(4) the following:

 

178(5.1)

Driver operating vehicle with a person riding on a portion of the vehicle not designed for passengers

500

100

17 days

2 days

178(5.2)

Passenger riding on a portion of the vehicle not designed for passengers

500

100

17 days

2 days

Commencement

        9. This Act comes into force 3 months after the day on which it receives Royal Assent.