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 (e) the following:
(e.1) "bodily harm" means any hurt or
injury to a person that interferes with the health or comfort of the person and
that is more than merely transient or trifling in nature;
2. Subsections 60.03(3) to (5) of the Act are
repealed and the following substituted:
(3) Upon a request being made under subsection
60.01(1), (5) or (7) or section 60.02, whether or not the novice driver or the
novice driver who has care or control of a motor vehicle surrenders his or her
drivers licence to the peace officer, his or her drivers licence or driving
privileges shall be considered to be suspended for a period of
(a) 2 months for the first occasion upon which a
request is made under subsection 60.01(1), (5) or (7) or section 60.02;
(b) 4 months for the second occasion upon which a
request is made under subsection 60.01(1), (5) or (7) or section 60.02; and
(c) 6 months for a subsequent occasion upon which
a request is made under subsection 60.01(1), (5) or (7) or section 60.02
and, following the expiry of a suspension
under paragraphs (a), (b) or (c), he or she may apply to the registrar to have
his or her drivers licence reinstated commencing at the start of the level and
class of drivers licence held by him or her at the time when his or her driver's
licence was suspended subject to a fee and in accordance with conditions and
requirements which the registrar may impose upon the licence.
(4) Notwithstanding subsection (3), where a novice
driver or novice driver who has care or control of a motor vehicle fails or
refuses to provide a sample of his or her breath or the analysis under
subsection 60.01(1) or (5) indicates that the proportion of alcohol in his or
her blood is 80 milligrams or more of alcohol in 100 millilitres of blood, his
or her licence or driving privileges shall be suspended for a period of 90 days
and the procedure for reinstatement set out in subsection (3) applies.
(5) Notwithstanding subsection (3), upon a request
being made under section 60.02, whether or not the novice driver or novice
driver who has care or control of the motor vehicle surrenders his or her
driver's licence to the peace officer, his or her driver's licence or driving
privileges shall be suspended for a period of 90 days where he or she fails or
refuses to comply with a demand made under section 254 of the Criminal Code, and the procedure for
reinstatement set out in subsection (3) applies.
3. The Act is amended by adding immediately after
section 60.5 the following:
Appeal of 90 day
suspension
60.6 (1) A
person whose driver's licence or driving privileges have been suspended for 90
days under section 60.03, 60.04 or 60.5 may appeal the suspension to the registrar
where he or she
(a) is not the same person to whom a demand for a
sample of his or her breath or blood was made; or
(b) failed or refused to comply with a demand for
a sample of his or her breath or blood because he or she was unable to do so
for medical reasons.
(2) A person who wishes to appeal a suspension under
subsection (1) shall submit his or her appeal in the prescribed form to the registrar
in writing within 30 days of the day the peace officer requested the person to
surrender his or her driver's licence.
(3) An appeal submitted under subsection (1) shall
indicate whether the appeal shall be heard orally or in writing.
(4) Where the appeal indicates that the hearing
shall be held in writing, the registrar shall, in writing,
(a) confirm receipt of the appeal; and
(b) specify the deadline before which the person
shall submit documents or evidence supporting his or her appeal.
(5) Where the appeal indicates that the hearing
shall be held orally, the registrar shall, in writing,
(a) confirm receipt of the appeal;
(b) specify the deadline before which the person
shall submit documents or evidence supporting his or her appeal; and
(c) specify the date on which the hearing will
take place.
(6) Where a person appeals a suspension under
paragraph (1)(b), he or she shall submit written evidence signed by a medical
practitioner licensed to practise medicine under the Medical Act, 2011, a registered nurse or nurse practitioner licensed
to practise nursing under the Registered
Nurses Act, 2008 or a respiratory therapist with general status registered
under the Health Professions Act to
support his or her appeal before the deadline for submitting documents and
evidence specified by the registrar.
(7) The registrar may extend the deadline for
submitting documents and evidence to support an appeal by a maximum of 30 days.
(8) A person shall request an extension under
subsection (7) in writing to the registrar at least 7 days before the deadline for
submitting documents and evidence specified by the registrar under paragraph
(4)(b) or (5)(b).
(9) An appeal shall be heard within 30 days after
the deadline for submitting documents and evidence.
Oral hearings
60.7 (1) A
person who submits an appeal under section 60.6 may be represented at an oral
hearing of that appeal either personally or by legal counsel.
(2) The registrar is not required to hold an oral
hearing unless an oral hearing is requested in the appeal submitted under subsection
60.6(2) and the appeal is under one of the grounds set out in subsection
60.6(1).
(3) Notwithstanding a request for an oral hearing,
the registrar may order that the suspension be set aside on the basis of documents
or evidence submitted without holding an oral hearing.
Decision of registrar
60.8 (1) The registrar shall confirm or set aside the suspension
and provide reasons for his or her decision in writing within 15 business days after
the hearing.
(2) The registrar may confirm a suspension
appealed under paragraph 60.6(1)(b) where the person does not provide evidence
under subsection 60.6(6) before the deadline specified by the registrar.
(3) Where a suspension is set aside after an
appeal, the registrar shall reinstate the person's driver's licence or driving
privileges, subject to any other suspension under this Act.
(4) The decision of the registrar under subsection
(1) is final and binding.
Appeals generally
60.9 (1) A
suspension continues to apply notwithstanding the submission of an appeal under
section 60.6.
(2) The registrar may appoint a person employed in
the division to carry out the duties and functions of the registrar under sections
60.6 to 60.8.
4. (1) Subsection 75(3) of the Act is
repealed and the following substituted:
(3) The production of a policy that was in force
at the time a request was made under subsection (2) at a police station within
48 hours after the request is made is considered to be sufficient production of
proof of a policy.
(2) Section 75 of the Act is amended by adding
immediately after subsection (7) the following:
(8) In a prosecution for an offence under this section,
the onus is on the person charged with the offence to show
that a policy of insurance was in force in respect of the motor vehicle at the
time of the offence.
5. Subsection 75.1(3) of the Act is repealed and
the following substituted:
(3) Subsections 75(3) to (6.1) and (8) apply, with
the necessary changes, to an excluded driver under this section.
6. Subsections 110(3) and (4) of the Act are repealed
and the following substituted:
(3) A person commits an offence who, contrary to
subsection (2),
(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;
(d) exceeds the speed limit by between 31 and 50
kilometres an hour; or
(e) exceeds the speed limit by 51 kilometres an
hour and over.
(4) Where a person who has been convicted of an
offence under subsection (3) is convicted within a period of 2 years of another
offence under subsection (3), the new offence shall be considered a second or
subsequent offence for the purpose of the imposition of a penalty.
7. The Act is amended by adding immediately after
section 110 the following:
Driving causing
death or bodily harm
110.01 A
person who drives a vehicle on a highway or in another place without due care
and attention or without reasonable consideration for other persons contrary to
paragraph 110(1)(b) or (c) and thereby causes death or bodily harm to any other
person is guilty of an offence and is liable to one or more of the following
penalties:
(a) a fine set out in the Schedule;
(b) imprisonment for a term of not more than 2
years; or
(c) a suspension of his or her driver's licence
for a maximum of 5 years.
8. Subsections 110.1(4) and (5) of the Act are repealed
and the following substituted:
(4) A person commits an offence who, contrary to
subsection (1) or (2),
(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;
(d) exceeds the speed limit by between 31 and 50
kilometres an hour; or
(e) exceeds the speed limit by 51 kilometres an
hour and over.
(5) Where a person who has been convicted of an
offence under subsection (4) is convicted within a period of 2 years of another
offence under subsection (4), the new offence shall be considered a second or
subsequent offence for the purpose of the imposition of a penalty.
9. Subsections 110.2(4) and (5) of the Act are repealed
and the following substituted:
(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;
(d) exceeds the speed limit by between 31 and 50
kilometres an hour; or
(e) exceeds the speed limit by 51 kilometres an
hour and over.
(5) Where a person who has been convicted of an
offence under subsection (4) is convicted within a period of 2 years of another
offence under subsection (4), the new offence shall be considered a second offence
or subsequent offence for the purpose of the imposition of a penalty.
10. The Act is amended by adding immediately after
section 110.2 the following:
Suspension for
speeding 51 km/hr and over
110.3 (1) Where a
peace officer has reasonable grounds to believe that a person has committed an
offence under paragraph 110(3)(e), 110.1(4)(e) or 110.2(4)(e), the peace
officer shall give the person a notice of suspension.
(2) Upon the notice of suspension being given under
subsection (1), the person's drivers licence or driving privileges are suspended
for a period of 7 days beginning on the second day after the notice of suspension
is given.
11. (1) Paragraph 121.1(2)(a) of the Act is
repealed and the following substituted:
(a) reduce the speed of the vehicle to a speed that
is at least 30 kilometres an hour less than the speed limit and, where necessary,
stop;
(2) Section 121.1 of the Act is amended by adding
immediately after subsection (2) the following:
(2.1) Notwithstanding paragraph (2)(a), where the
speed limit is less than 60 kilometres an hour, the driver shall reduce the
speed of the vehicle to a speed not greater than 30 kilometres an hour.
12. Section 168 of the Act is amended by
renumbering it as subsection 168(1) and adding immediately after that
subsection the following:
(2) Where a peace officer has reasonable grounds to
believe that a person has committed an offence under this section, the peace
officer shall give the person a notice of suspension.
(3) Upon the notice of suspension being given
under subsection (2), the person's drivers licence or driving privileges are
suspended for a period of 7 days beginning on the second day after the notice
of suspension is given.
13. The Act is amended by adding immediately after
section 168 the following:
Performing stunts
168.1 (1) A
person shall not drive a motor vehicle on a highway while performing or
engaging in a stunt or activity that is likely to distract, startle or interfere
with users of the highway.
(2) Where a peace officer has reasonable grounds to
believe that a person has committed an offence under this section, the peace
officer shall give the person a notice of suspension.
(3) Upon the notice of suspension being given
under subsection (2), the person's drivers licence or driving privileges are
suspended for a period of 7 days beginning on the second day after the notice
of suspension is given.
14. Subsection 186(1) of the Act is amended by
deleting the word "and" at the end of paragraph (i.2) and adding
immediately after paragraph (i.2) the following:
(i.3) providing for the seizure and impoundment of
motor vehicles by a peace officer where the officer has reason to believe that
a person who was operating a vehicle contravened paragraph 110(3)(e),
110.1(4)(e), 110.2(4)(e), subsection 168(1) or 168.1(1), and in particular,
(i) enabling the peace officer to delay seizing
the vehicle in certain circumstances,
(ii) providing for the release of a stolen vehicle,
(iii) requiring that a notice of seizure be given to
the driver and sent to the registrar and the owner of the vehicle, and
prescribing the timing and form of this notice,
(iv) prescribing the period of impoundment,
(v) prescribing the circumstances under which an
owner may apply for the early release of a vehicle,
(vi) providing for an appeal of a decision on an
application for early release of a vehicle,
(vii) prescribing the fees to be paid in relation to
the impoundment and release of the vehicle, and
(viii) prescribing the types of fees and charges that
shall be a lien on the impounded vehicle, the priority of those liens and how
those liens may be enforced, including the sale or other disposal of the
vehicle by the garage operator who takes and stores the seized and impounded
vehicle or by the registrar, which sale or other disposal may vary according to
the value of the vehicle; and
15. Subsection 210(1.1) of the Act is repealed and
the following substituted:
(1.1) Notwithstanding subsection (1), where
subsection 110.1(4), 110.2(4), 121.1(2) or 137(1) has been violated, the owner
of the motor vehicle to which that violation applies may be held responsible
for that violation and may incur a penalty that arises from that violation.
16. (1) The Schedule to the Act is amended by
deleting the rows starting with a reference to paragraphs 110(1)(b) and
110(1)(c) and substituting the following:
110(1)(b)
|
Driving without due care and attention
Second offence
Subsequent offence
|
500
750
1000
|
300
500
750
|
6 days
8 days
16 days
|
3 days
4 days
5 days
|
110(1)(c)
|
Driving without reasonable consideration for other persons
Second offence
Subsequent offence
|
500
750
1000
|
300
500
750
|
6 days
8 days
16 days
|
3 days
4 days
5 days
|
(2) The Schedule to the Act is amended by deleting
the row starting with a reference to paragraph 110(3)(d) and substituting the
following:
110(3)(d)
|
Exceeding the speed limit by between 31 and 50 kilometres an hour
Second offence
Subsequent offence
|
450
600
750
|
300
400
500
|
15 days
20 days
25 days
|
6 days
8 days
10 days
|
110(3)(e)
|
Exceeding the speed limit by 51 kilometres an hour and over
Second offence
Subsequent offence
|
600
700
850
|
400
500
600
|
15 days
20 days
25 days
|
6 days
8 days
10 days
|
110.01
|
Driving without due care and attention or reasonable
consideration for others causing death or bodily harm
|
20000
|
2000
|
180 days
|
60 days
|
(3) The Schedule to the Act is amended by deleting
the row starting with a reference to paragraph 110.1(4)(d) and substituting the
following:
110.1(4)(d)
|
Exceeding the speed limit by between 31 and 50 kilometres an hour
Second offence
Subsequent offence
|
900
1200
1500
|
600
800
1000
|
15 days
20 days
25 days
|
6 days
8 days
10 days
|
110.1(4)(e)
|
Exceeding the speed limit by 51 kilometres an hour and over
Second offence
Subsequent offence
|
1200
1500
1800
|
800
1000
1200
|
15 days
20 days
25 days
|
6 days
8 days
10 days
|
(4) The Schedule to the Act is amended by deleting
the row starting with a reference to paragraph 110.2(4)(d) and substituting the
following:
110.2(4)(d)
|
Exceeding the speed limit by between 31 and 50 kilometres an hour
Second offence
Subsequent offence
|
900
1200
1500
|
600
800
1000
|
15 days
20 days
25 days
|
6 days
8 days
10 days
|
110.2(4)(e)
|
Exceeding the speed limit by 51 kilometres an hour and over
Second offence
Subsequent offence
|
1200
1500
1800
|
800
1000
1200
|
15 days
20 days
25 days
|
6 days
8 days
10 days
|
(5) The Schedule to the Act is amended by deleting
the row starting with a reference to section 168 and substituting the following:
168(1)
|
Racing vehicles or
bicycles on highways
|
900
|
180
|
30 days
|
4 days
|
168.1(1)
|
Performing or engaging
in stunt while driving
|
900
|
180
|
30 days
|
4 days
|
Transitional
17. Where a person is requested to surrender his or
her driver's licence to a peace officer after this Act receives Royal Assent but
before section 3 comes into force and his or her licence is suspended for 90
days under section 60.03, 60.04 or 60.5 as a result of that request, he or she
may appeal the suspension as though section 3 came into force on the day this
Act receives Royal Assent.
Commencement
18. (1) This Act, with the exception of
sections 2 and 3, comes into force 6 months after the day on which it receives
Royal Assent.
(2) Section
3 comes into force 30 days after the day on which this Act receives Royal
Assent.
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