60

 


First Session, 48th General Assembly

65 Elizabeth II, 2016

BILL 60

AN ACT TO AMEND THE HIGHWAY TRAFFIC ACT NO. 4

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

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

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

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

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

HONOURABLE EDDIE JOYCE

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

·         allow for the registration and operation of three-wheeled vehicles;

·         prescribe safety provisions for the operation of three-wheeled vehicles; and

·         amend the Schedule to prescribe the penalties associated with breaching the safety provisions for the operation of three-wheeled vehicles.

A BILL

AN ACT TO AMEND THE HIGHWAY
TRAFFIC ACT NO. 4

Analysis


        1.   S.2 Amdt.
Definitions

        2.   S.154.1 Added
Three-wheeled vehicle equipment

        3.   Sch. Amdt.

        4.   Commencement


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

RSNL1990 cH-3
as amended

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

     (qqq.1)  "three-wheeled vehicle" means a motor vehicle, other than a competition vehicle, an antique reproduction vehicle, a motor cycle, a restricted use motor cycle, a trailer or a vehicle imported temporarily for special purposes, that has a steering wheel, is designed to travel on three wheels in contact with the ground and has an open occupant compartment such that one or more of the vehicle occupants are not fully enclosed by the vehicle structure, body, doors, windows, windshield, roof or convertible-type top in the closed position;

 

        2. The Act is amended by adding immediately after section 154 the following:

Three-wheeled vehicle equipment

154.1 (1) A person shall not operate or be a passenger in a three-wheeled vehicle on a highway unless

             (a)  that person is wearing a helmet that complies with the regulations and that is properly fastened; and

             (b)  where the three-wheeled vehicle is not equipped with a windshield that is of a height to give adequate protection to the eyes, that person is wearing a face shield, safety glasses or goggles in the proper manner.

             (2)  A child seat restraint system as defined in paragraph 178(1)(a) shall not be used in a three-wheeled vehicle unless that vehicle meets the requirements of Schedule 4, CMVSS 208 "Occupant Protection in Frontal Impacts", to the Motor Vehicle Safety Regulations under the Motor Vehicle Safety Act (Canada).

 

        3. The Schedule to the Act is amended by adding immediately after the row starting with a reference to subsection 154(2) the following:

 

154.1(1)

Three-wheeled vehicle driver operating or passenger riding without helmet or eye protection

400

100

14 days

2 days

154.1(2)

Child seat restraint system used in non-compliant three-wheeled vehicle

500

100

17 days

2 days

 

Commencement

        4. This Act comes into force 60 days after the day on which it receives Royal Assent.