Highway Traffic Amendment Act (Speed-limiting Systems), 2008 Bradley, Hon. James J. Minister of Transportation — Bill 41 (39th Parliament, 1st Session)

Bill 41, 39-1

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Bill 41, Highway Traffic Amendment Act (Speed-limiting Systems), 2008

Bradley, Hon. James J. Minister of Transportation

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Original

Royal Assent

[39] Bill 41 Royal Assent (PDF)

Bill 41 2008

An Act to amend the Highway Traffic

Act in relation to the use of speed-limiting systems in commercial motor

vehicles

Note:

This Act amends the Highway Traffic Act . For the legislative history of

the Act, see the Table of Consolidated Public Statutes – Detailed Legislative

History on www.e-Laws.gov.on.ca.

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Part

VI of the Highway Traffic Act is amended by adding

the following section:

Speed-limiting

systems

Required

use by commercial motor vehicles

68.1

(1) No

person shall drive, or permit the operation of, a commercial motor vehicle on a

highway unless the vehicle is equipped with a speed-limiting system that is activated

and functioning in accordance with the regulations.

Same

(2) Except as authorized by the regulations, no person

shall,

(

a) deactivate,

or permit a person to deactivate, a commercial motor vehicle's speed-limiting

system; or

(

b) modify,

or permit a person to modify, a commercial motor vehicle's speed-limiting

system such that it ceases to function in accordance with the regulations.

Tampering

device prohibited

(3) No person shall drive, or permit the operation of, a

commercial motor vehicle on a highway if the vehicle is equipped with, has

attached to it or carries,

(

a) a prescribed device or prescribed equipment;

(

b) another device or equipment that is designed

to disguise the fact that the vehicle is not equipped with a speed-limiting system

that is activated and functioning in accordance with the regulations.

Verifying

compliance

(4) A police officer or officer appointed for carrying out

the provisions of this Act, in exercising his or her powers under

section 82 or

216.1, may require that the driver or other person in charge of a commercial

motor vehicle,

(

a) provide

the officer with access to the vehicle's computer system in order to retrieve

and read any information relevant to the activation and functioning of the

vehicle's speed-limiting system;

(

b) surrender

to the officer any device or equipment carried in the vehicle that operates as

part of the vehicle's speed-limiting system; and

(

c) surrender

to the officer any records that the driver is required by the regulations to

carry with him or her while driving the vehicle.

Same

(5) A driver or other person in charge of a commercial

motor vehicle shall comply with any requirement made under subsection (4) by a

police officer or officer appointed for carrying out the provisions of this

Act.

Seizure of tampering device

(6) If a police officer or officer appointed for carrying

out the provisions of this Act finds a device or equipment prohibited by

subsection (3) in the course of any inspection of a commercial motor vehicle,

he or she may detach, if necessary, and seize any such device or equipment.

Sale of tampering devices prohibited

(7) No person shall sell, offer or advertise for sale a

device or equipment prohibited by subsection (3).

Offence

(8) Every person who contravenes or fails to comply with

subsection (1), (2), (3), (5) or (7), or a regulation made under this section,

is guilty of an offence and on conviction is liable to a fine of not less than

$250 and not more than $20,000.

Evidentiary presumption

(9) In any proceeding under this

section and in the

absence of evidence to the contrary, proof that a commercial motor vehicle was

driven on a highway at a speed equal to or greater than the speed prescribed

for the purpose of this subsection is proof that the vehicle was not equipped

with a speed-limiting system that was activated and functioning as required by

subsection (1).

Forfeiture of tampering device

(10) Where a person is convicted of an offence under

subsection (3), any device or equipment seized under subsection (6) by means of

which the offence was committed is forfeited to the Crown.

Regulations

(11) The Lieutenant Governor in Council may make

regulations,

(

a) defining

"commercial motor vehicle" for the purposes of this section;

(

b) prescribing

standards for speed-limiting systems;

(

c) governing

the activation and functioning of speed-limiting systems, including prescribing

and governing the speed at which speed-limiting systems must be set and

prescribing different speed settings for different circumstances;

(

d) prescribing

devices and equipment for the purpose of clause (3) (a);

(

e) governing

methods to verify compliance with this

section and the regulations, including

prescribing devices and software to be used to retrieve and read information in

computer systems;

(

f) prescribing

the speed for the purpose of subsection (9);

(

g) requiring

and governing the inspection and maintenance of speed-limiting systems;

(

h) governing

records to be kept and submitted in relation to the inspection, maintenance,

activation and functioning of speed-limiting systems;

(

i) governing

records to be kept and carried by drivers in relation to the activation and

functioning of speed-limiting systems;

(

j) exempting

any person or class of persons or any commercial motor vehicle or class of

commercial motor vehicles from any requirement or provision of this

section or

of a regulation made under this

section and prescribing conditions and circumstances

for any such exemption.

Commencement

2. This

Act comes into force on a day to be named by proclamation of the Lieutenant

Governor.

Short

title

3. The

short title of this Act is the Highway Traffic Amendment

Act (Speed-limiting Systems), 2008 .

EXPLANATORY

NOTE

This

Explanatory Note was written as a reader's aid to Bill 41 and does not form

part of the law. Bill 41 has been enacted as

Chapter 8 of the Statutes of

Ontario, 2008.

The

Bill amends the Highway Traffic Act . It imposes a

new requirement that commercial motor vehicles driven on a highway must have a

speed-limiting system that is activated and functions in accordance with the

regulations made under the Act. Tampering with a speed-limiting system is

prohibited, as is the sale of tampering devices.

[39] Bill 41 Original (PDF)

Bill 41 2008

An Act to amend

the Highway Traffic Act in relation to the use of speed-limiting systems in

commercial motor vehicles

Note:

This Act amends the Highway Traffic Act. For the legislative history of the

Act, see the Table of Consolidated Public Statutes – Detailed Legislative

History on www.e-Laws.gov.on.ca.

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Part VI of the Highway Traffic Act is amended by

adding the following section:

Speed-limiting systems

Required use by commercial motor vehicles

68.1

(1) No

person shall drive, or permit the operation of, a commercial motor vehicle on a

highway unless the vehicle is equipped with a speed-limiting system that is activated

and functioning in accordance with the regulations.

Same

(2) Except as authorized by the regulations, no person

shall,

(

a) deactivate,

or permit a person to deactivate, a commercial motor vehicle's speed-limiting

system; or

(

b) modify,

or permit a person to modify, a commercial motor vehicle's speed-limiting

system such that it ceases to function in accordance with the regulations.

Tampering device prohibited

(3) No person shall drive, or permit the operation of, a

commercial motor vehicle on a highway if the vehicle is equipped with, has

attached to it or carries,

(

a) a prescribed device or prescribed equipment;

(

b) another device or equipment that is designed

to disguise the fact that the vehicle is not equipped with a speed-limiting system

that is activated and functioning in accordance with the regulations.

Verifying compliance

(4) A police officer or officer appointed for carrying out

the provisions of this Act, in exercising his or her powers under

section 82 or

216.1, may require that the driver or other person in charge of a commercial

motor vehicle,

(

a) provide

the officer with access to the vehicle's computer system in order to retrieve

and read any information relevant to the activation and functioning of the

vehicle's speed-limiting system;

(

b) surrender

to the officer any device or equipment carried in the vehicle that operates as

part of the vehicle's speed-limiting system; and

(

c) surrender

to the officer any records that the driver is required by the regulations to carry

with him or her while driving the vehicle.

Same

(5) A driver or other person in charge of a commercial

motor vehicle shall comply with any requirement made under subsection (4) by a

police officer or officer appointed for carrying out the provisions of this

Act.

Seizure of tampering device

(6) If a police officer or officer appointed for carrying

out the provisions of this Act finds a device or equipment prohibited by

subsection (3) in the course of any inspection of a commercial motor vehicle,

he or she may detach, if necessary, and seize any such device or equipment.

Sale of tampering devices

prohibited

(7) No person shall sell, offer or advertise for sale a

device or equipment prohibited by subsection (3).

Offence

(8) Every person who contravenes or fails to comply with

subsection (1), (2), (3), (5) or (7), or a regulation made under this section,

is guilty of an offence and on conviction is liable to a fine of not less than

$250 and not more than $20,000.

Evidentiary presumption

(9) In any proceeding under this

section and in the

absence of evidence to the contrary, proof that a commercial motor vehicle was

driven on a highway at a speed equal to or greater than the speed prescribed

for the purpose of this subsection is proof that the vehicle was not equipped

with a speed-limiting system that was activated and functioning as required by

subsection (1).

Forfeiture of tampering device

(10) Where a person is convicted of an offence under

subsection (3), any device or equipment seized under subsection (6) by means of

which the offence was committed is forfeited to the Crown.

Regulations

(11) The Lieutenant Governor in Council may make

regulations,

(

a) defining

"commercial motor vehicle" for the purposes of this section;

(

b) prescribing

standards for speed-limiting systems;

(

c) governing

the activation and functioning of speed-limiting systems, including prescribing

and governing the speed at which speed-limiting systems must be set and

prescribing different speed settings for different circumstances;

(

d) prescribing

devices and equipment for the purpose of clause (3) (a);

(

e) governing

methods to verify compliance with this

section and the regulations, including

prescribing devices and software to be used to retrieve and read information in

computer systems;

(

f) prescribing

the speed for the purpose of subsection (9);

(

g) requiring

and governing the inspection and maintenance of speed-limiting systems;

(

h) governing

records to be kept and submitted in relation to the inspection, maintenance, activation

and functioning of speed-limiting systems;

(

i) governing

records to be kept and carried by drivers in relation to the activation and functioning

of speed-limiting systems;

(

j) exempting

any person or class of persons or any commercial motor vehicle or class of

commercial motor vehicles from any requirement or provision of this

section or

of a regulation made under this

section and prescribing conditions and circumstances

for any such exemption.

Commencement

2. This Act comes into force on a day to be

named by proclamation of the Lieutena

Document details

Collection	Ontario — Bills
Citation	Bill 41, 39-1
Type	bill
Volume / chapter	p39 s1 bill 41 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	0e2c8fcc8f2050702d557bc8226da69c71365feb

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