30

 
 

Third Session, 45th General Assembly

55 Elizabeth II, 2006

BILL 30

AN ACT TO AMEND THE HIGHWAY TRAFFIC ACT

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

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

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

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

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

HONOURABLE DIANNE WHALEN

Minister of Government Services

Ordered to be printed by the Honourable House of Assembly

 

 

EXPLANATORY NOTES

Clause 1 of the Bill would amend the Highway Traffic Act section 2 definition of "taxi".

Clause 2 of the Bill would repeal and replace subsection 11(8) of the Act respecting a 30 day grace period for vehicle registration when payment for that registration is made at a bank.  The amendment would allow the grace period to be set by regulation.

Clause 3 of the Bill would amend paragraph 16(2)(b) of the Act to allow the registrar to issue one identification plate only per vehicle for most vehicles. This would be in keeping with the actual practice of the Registrar of Motor Vehicles.

Clause 4 of the Bill would add to subsection 45(6) of the Act to more clearly state that the registrar may require an on road driving test to ensure that licence applicants or those seeking a reissue of a licence are capable of safely driving on the highway.

Clause 5 of the Bill would repeal and replace subsection 47(3) of the Act respecting a 30 day grace period for licensing when payment for that licence is made at a bank.  The amendment would allow the grace period to be set by regulation.

Clause 6 of the Bill would allow the making of regulations with respect to the insurance requirements of vehicles that transport children to and from school and school related activities under a contract with a school board.

Clause 7 of the Bill would add a proposed section 162.1 to the Act.  This section would require persons carrying out road repair, construction or causing an obstruction to place warning signs or flag persons on highway sections that are being worked upon or obstructed.

Clause 8 of the Bill would amend section 174.1 of the Act to enable nurse practitioners to report on the medical condition and ability of a person with respect to driving.

Clause 9 of the Bill would amend section 178 of the Act to enable nurse practitioners to certify that a person is unable to wear a seatbelt.

Clause 10 of the Bill would amend the regulation making section 186 of the Act to allow the making of regulations respecting differing classes and categories of licence. In addition, the grace period for licence and registration renewal would be set by regulation. This would apply where payment is made for these at a bank. Clause 9 of the Bill would also add to section 186 of the Act a paragraph (f.1) to allow the making of regulations respecting the audit of car dealers.

Clause 11 of the Bill would amend subsection 195(3) of the Act to change a reference to the adoption of Canadian Medical Association standards to the adoption of Canadian Council of Motor Transport Administration Standards.

Clause 12 of the Bill would amend section 195.1 of the Act to require notification of the registrar, within 10 days, where a vehicle is determined to be non repairable or salvage.

Clause 13 of the Bill would amend subsection 205.1(5) of the Act to make it an offence to possess or display a false identification card.

Clause 14 of the Bill would amend the schedule of offences of the Act to add the description of the offence referred to in clauses 11 and 12.

Clause 15 is a commencement clause for the proposed amendment at clauses 2 and 5.  This would ensure that these amendments are not proclaimed until regulations are in place to deal with their subject.

A BILL

AN ACT TO AMEND THE HIGHWAY
TRAFFIC ACT

Analysis

        1.   S.2 Amdt.
Definitions

        2.   S.11 Amdt.
Application for registration

        3.   S.16 Amdt.
Registrar to register vehicle

        4.   S.45 Amdt.
Application for licence

        5.   S.47 Amdt.
Expiry of licence

        6.   S.77 Amdt.
Insuring ambulances etc.

        7.   S.162.1 Added
Warning markers

         8   S.174.1 Amdt.
Report of medical practitioner

        9.   S. 178 Amdt.
Seat belts

      10.   S.186 Amdt.
Regulations

      11.   S.195 Amdt.
Regulations respecting equipment

      12.   S.195.1 Amdt.
Non-repairable or salvage vehicles

      13.   S.205.1 Amdt.
Identification card

      14.   Sch. Amdt.

      15.   Commencement


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

RSNL1990 cH-3
as amended

        1. Paragraph 2(qqq) of the Highway Traffic Act is repealed and the following substituted:

        (qqq)  "taxi" means a motor vehicle used to transport passengers for compensation other than

                      (i)  a bus or a school bus used to transport passengers for compensation, and

                     (ii)  another motor vehicle not referred to in subparagraph (i) that only transports children to and from school and school related activities under a contract with a school board for that purpose;

 

        2. Subsection 11(8) of the Act is repealed and the following substituted:

             (8)  Where a person pays the prescribed fee for registration at a bank the registration is considered to be valid for the time period that may be established by regulation.

 

        3. Paragraph 16(2) (b) of the Act is repealed and the following substituted:

             (b)  one identification plate in respect of a trailer, motor cycle or a vehicle owned by a dealer and one or more identification plates, that the registrar may determine, for other vehicles and identification plates shall be distinctive and numbered in the manner the registrar may determine;

 

        4. Paragraph 45(6)(c) of the Act is amended by adding immediately after the word "written", a comma and the words "road driving".

 

        5. Subsection 47(3) of the Act is repealed and the following substituted:

             (3)  Notwithstanding subsections (1) and (2), where a person pays the prescribed fee for a driver's licence at a bank the driver's licence is considered to be valid for the time period that may be established by regulation.

 

        6. (1) Section 77 of the Act is amended by adding immediately after paragraph (a) the following:

          (a.1)  the coverage by insurance of motor vehicles which are contracted to school boards in the province for the transportation of students to and from school and school related activities;

             (2)  Paragraph 77(b) of the Act is amended by adding immediately after the brackets and letter "(a)", a comma and the brackets and figures "(a.1)".

 

        7. The Act is amended by adding immediately after section 162 the following:

Warning markers

162.1 Where work is carried out on a highway or an activity is conducted that obstructs all or a part of the travel lane of a highway, the person responsible for carrying out that work or causing that obstruction shall ensure that

             (a)  warning signs or other markers; or

             (b)  persons with a flag or sign,

are used to control the movement of traffic around that work or obstruction and to warn persons of the section of highway that is being worked upon or is obstructed.

 

        8. (1) Subsection 174.1(1) of the Act is amended by adding immediately after the words "Medical Act", the words "or a nurse practitioner as defined in the Registered Nurses Act".

             (2)  Subsection 174.1(2) of the Act is amended by adding immediately after the word "practitioner" the words "or a nurse practitioner".

 

        9. Paragraph 178(5)(b) of the Act is repealed and the following substituted:

             (b)  a person who holds a certificate signed by a medical practitioner licensed under the Medical Act or a nurse practitioner as defined in the Registered Nurses Act certifying that the person is

                      (i)  for the period stated in the certificate, unable for medical reasons to wear a seat belt assembly, or

                     (ii)  because of size, build or other physical characteristic, unable to wear a seat belt assembly;

 

      10. (1) Paragraph 186(d) of the Act is repealed and the following substituted:

          (c.1)  respecting the requirement for and issuing of different classes of licence for differing categories of vehicle or use of a vehicle;

             (d)  establishing a time period for which a driver's licence or registration of a motor vehicle may be considered valid after the date of payment of a prescribed fee for that licence or registration at a bank and circumstances under which that time period may be varied;

             (2)  Section 186 of the Act is amended by adding immediately after paragraph (f) the following:

           (f.1)  respecting the audit of dealers in order to regulate, account for and ascertain inventories of licence plates and stickers issued to those dealers and to audit temporary registrations and the accounts respecting money collected for those registrations;

 

      11. Subsection 195(3) of the Act is amended by deleting the words "Canadian Medical Association" and substituting the words "Canadian Council of Motor Transport Administrators".

 

      12. Section 195.1 of the Act is amended by deleting the words "as soon as practicable" and substituting the words "within 10 calendar days".

 

      13. Subsection 205.1(5) of the Act is repealed and the following substituted:

             (5)  A person who

             (a)  alters, defaces or otherwise changes an identification card issued under this section;

             (b)  gives a false or fictitious name or gives a false or fictitious address or other false or fictitious information in an application for an identification card issued under this section; or

             (c)  displays, permits to be displayed or possesses an identification card which purports to be issued under this section but is fictitious or which was issued under this section but has been defaced, altered or cancelled,

is guilty of an offence and liable on summary conviction to a fine described in the Schedule.

 

      14. (1) The Schedule to the Act is amended by adding immediately after the row starting with a reference to subsection 187(5) the following:

 

195.1

Notification of non repairable or salvage vehicle

150

100

3 days

1 day

             (2)  The Schedule to the Act is amended by deleting the words in the Offence column after the reference to subsection 205.1(5) and substituting the words "Alteration of identification card, false name or address on or possessing false or defaced identification card".

Commencement

      15. Sections 2 and 5 of this Act shall come into force on a date to be proclaimed by the Lieutenant-Governor in Council.

ŠEarl G. Tucker, Queen's Printer