Bill 91 — A Bill To Amend Thep~Lblic Service Vehicles Act (Legislature 14, Session 4)

L14 S4 1923

Alberta — Bills

No. 91 4th Session, 14th Legislature, Alberta 10 Elizabeth II BILL 91 A Bill to amend TheP~lblic Service Vehicles Act HON. MR. TAYLOR Printed by L. S. WALL, Printer to the QueE"n's ~{O!lt EX('ellt'nt Ma.jesty, Edmonton, Alberta, 1962

Explana~oryNote 2. The definition of "owner" for the purposes of the Act is broadened.

Section 2, clause (

h) presently reads: "(h) "owner" means a person in whose name a. vehiole is re~s tered under The Vehicles and Highway Traffic Act;".

Section 8 presently reads: "8. The powers, duties and functions vested in and imposed on the Minister by subsection (2) of

section 22 and

section 104 of The VebJicles and Highway Traffic Act sball be exercised, performed and admin istered by the Board.". Because of recent amendments to

section 22, this reference is no longer applicable.

Section 20 which requires transporters to have certain in surance coverage is amended.

Section 27, subsection (1) presently reads: "'Z1.

(1) Where a person who is the holder of a chauffeur's licence issued pursuant to

section 22 of The Vehicles and Hdghway Traffic Act is convicted of an offence under the provisions of this Act or of a regulation made under this Act, the convicting judge, magistrate or justice of the peace may, with respect to the public service vehicle driven by the chauffeur, suspend for a specified period or cancel the chauffeur's licence or the certificate issued by the Board or both.".

BILL No. 91 of 1962

An Act to amend The Public Service Vehicles Act (Assented to ~ 1962) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta., enacts as follows: 1. The Public Service Vehicles Act, being

chapter 265 of the Revised Statutes, is hereby amended.

Section 2 is amended by striking out clause (}

z) and by substituting the following: (h) "owner" (

i) means a person in whose name a vehicle is reg istered under The V cll/:clcs and Highzcay Traf fic Act, and (ii) where a vehicle is not registered or is not required to be registered under The Veil ieles and Highzcay Traffic Act, means the legal owner or a person in legal possession of the vehicle or a person who during all times material to this Act and the regulations has the exclusive use of the vehicle;

Section 8 is amended by striking out the words and figures "subsection (2) of

section 22 and".

Section 20 is amended by adding the following new subsection:

(5) A transporter shall not transfer an insurance policy filed with the Board pursuant to this

section to another person unless he also transfers to that person the certifi cate for the public service vehicle to which the policy ap plies and any instrument of transfer of such a policy is of no effect until such time as the certificate is transferred in accordance with this Act.

Section 27 is amended by striking out subsection (1) and by substituting the following: 27.

(1) Where a person who is the holder of an oper ator's licence issued under The Veil icles and Highu:ay Tra.f lie Act is convicted of an offence under this Act or the regulations, the convicting judge, magistrate or justice of the peace may suspend for a specified period or cancel

Section 35 presently reads: "35. No public service vehicle used for the carr.iage Qf passengers shall carry or transport any luggage, baggage, package, trunk, crate or Qther load that extends beyond the running hoard of the vehicle.".

Section 69, subsection (5) presently reads: "

(5) The owner Qf a public service vehicle or a commercial vehicle for which a certificate has been issued under the pro"\isions of this Act is Hable for a contravention of any of the provisions 'Of this Act or of the regulations made under this Act in connection with the operation of the public service vehicle or commercial vehicle, unless the owner proves to the satisfaction of the justice of the peace or magistrate trying the case that at the time Qf the offence the public service vehicle Qr commercillJl vehicle was not being driven by him or by any other person with his consent, express or implied.".

Section 74 presently reads: "74. Where proof is required of the ownemhip of a public service vehicle or a commerc1al vehicle or of the suspension Qr cancellation or forfeiture of a certificate, permit or liveryman's licence is'sued under this Act, other than one .issued pursuant to

section 73, or an Qperator's licence issued under The Vehicles and Highway Traffic Act, the production of a certificate pUI1Jorting to be under the hand Qf the chaJirman of the Board to the effect that the person named therein is or was the registered owner of the pUlblic service vehicle or com mercial vehicIe, or that the certificate, permit or licence, as the case may be, has been suspended, cancelled or forfeited, is admissible in evidence as pr.ima facie proof thereof, without pro'Of Qf signature or 'Official character.". 9. Commencement of Act.

2 (

a) the operator's licence of the person with respect to driving public service vehicles, or (

b) the certificate of the public service vehicle that the person was driving at the time of the commission of the offence, or both.

Section 35 is amended by striking out the words "run ning board of the vehicle" and by substituting the words "extreme width of the body of the vehicle".

Section 69 is amended by striking out subsection (5) and by substituting the following:

(5) The owner of a vehicle is liable for a contravention of any of the provisions of this Act or of the regulations in connection with the operation of the vehicle, unless the owner proves to the satisfaction of the justice of the peace or magistrate trying the case that at the time of the offence the vehicle was not being operated by him or by any other person with his consent, express or implied.

Section 74 is amended by adding immediately after the words "commercial vehicle" wherever they occur the words "or of the issuance by the Board of a certificate, permit or liveryman's licence under this Act". 9. This Act comes into force on the day upon which it is assented to.

No. 91 FOURTH SESSION FOURTEENTH LEGISLATURE 10 ELIZABETH II 1962 BILL

An Act to amend The Public Service Vehicles Act Received and read the First time ........ . Second time ..................................... . Third time ................ . HON. MR. TAYLOR Title: 1962 (14th, 4th) Bill 91,

An Act to amend The Public Service Vehicles Act

Document details

Collection	Alberta — Bills
Citation	L14 S4 1923
Type	bill
Volume / chapter	L14 S4 1923
Language	en
Format	json
Source	PROVINCIAL
Identifier	08352c4189069b924eec20eee1151d4bdcfa5570

Source file is stored in the law ingest library (json).