Bill 24 — Third Session, 24Th Legislature, 48 Elizabeth Ii the Legislative Assembly of Alberta Bill 24 Traffic Safety Act (Legislature 24, Session 3)

L24 S3 899

Alberta — Bills

1999 BILL 24 Third Session, 24th Legislature, 48 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 24 TRAFFIC SAFETY ACT THE MINISTER OF TRANSPORTATION AND UTILITIES First Reading Second Reading Committee of the Whole Third Reading Royal Assent Title: 1999 (24th, 3rd) Bill 24, Traffic Safety Act

Bill 24 BILL 24 1999 TRAFFIC SAFETY ACT (Assented to , 1 999) Table of Contents

Interpretation 1

Part 1 General Administration Division 1 General Staff 2 Delegation of power 3 Reproduction of documents, etc. 4 Documents signed by officials 5 Service 6 Crown not liable 7 Division 2 Release of Information Release of personal driving and motor vehicle information 8 Information forwarded to Registrar 9 Release of safety information 10 Inspection of accident report 11 Certified copies of Board documents 12 Division 3 Municipalities and Other A uthorities General powers of municipality 13 Private property 14 Prohibitions and offences 15 Restriction of powers 16 Control of traffic in provincial parks 17 1

Division 4 Regulations Regulations by the Lieutenant Governor in Council 18 Statute prevails 19 Prohibitions and offences 20 Power to establish standards, etc. 21

Part 2 A lberta Transportation Safety Board Division 1 Administration Board 22 Chair and Vice-chair of the Board 23 Functions of the Board 24 Sittings of the Board 25 Quorum 26 Procedure at Board hearings, reviews and appeals 27 Board decision is final 28 Testimony and production of documents 29 Division 2 Reviews Respecting Conduct of Drivers Reviews by Board 30 Action taken re reviews 31 Reconsideration re reviews 32 Consideration of driver’s record, etc. 33 Division 3 Appeals to the Board

Interpretation 34 Appeals re cancellation of permit 35 Appeals re disqualification, suspension, etc. by Registrar 36 Appeals re demerit points 37 Appeals re suspension, etc. of operator’s licence 38 Appeals re 3-month suspension, etc. 39 Appeals re seizure or immobilization of motor vehicle 40 Appeals re administrative penalties re commercial transport 41 Appeals re driver training and driver examiners 42 Appeals re safety fitness certificate, etc. 43 Other appeals 44 Commencement of appeals 45 Reconsideration re appeals 46 Appeal is not a stay 47 2

Division 4 Appeals to Courts A ppeals to Court of Queen’s Bench 48 A ppeals to Court of Appeal 49 Board may be represented 50

Part 3 Motor Vehicle Administration Division 1 Licences, Registration, Insurance and Permits Operator’s licences 51 Registration of vehicles 52 Licence plates 53 Insurance required 54 Information 55 Refusal to grant or issue motor vehicle document 56 Restriction of services 57 Refusal of service re maintenance orders 58 Medical review committee 59 Exclusion of liability re medical matters 60 A ltered documents 61 Permits 62 Liens 63 Regulations 64 Division 2 Vehicles, Equipment, Accidents and Removal of Vehicles Equipment standards 65 Inspection of vehicles 66 Review by Court 67 Serially numbered vehicles and parts 68 Duty of driver, etc. re accident 69 Reports of peace officer re accidents 70 Reports of drivers re accidents 71 Place of offence re accident report 72 Investigations of accidents for general safety enhancement 73 Testing and inspection of motor vehicles in accidents 74 Motor vehicle surveys re safety 75 Prohibitions re abandoning vehicles 76 Removal of vehicles 77 Forcible entry of vehicles 78 Exclusion from liability 79 Sale and rental of vehicles 80 Regulations 81 3

Part 4 Disqualification from Driving Division 1 Disqualifications A rising from Offences Operator’s licence suspended 82 Disqualification for impaired driving 83 Driving while prohibited under Criminal Code 84 Disqualification arising under National Defence Act (Canada) 85 Suspension of operator’s licence 86 Licence disqualification 87 3- and 6-month suspensions, etc. 88 24-hour disqualification re alcohol or drug 89 24-hour disqualification re novice driver 90 Disqualification, etc. by Registrar 91 Removal of requirements disqualification 92 Exceptions, etc. 93 Prohibition re driving while disqualified, etc. 94 Punishment re driving while disqualified 95 Suspension continues after licence expires 96 Extended period of disqualification 97 Disqualifications to run consecutively 98 Setting aside suspension, etc. re demerit points 99 Regulations 100 Division 2 Disqualifications A rising from Judgments Saving of rights 101 Failure to satisfy judgment 102 Payment of judgment by instalments 103 Application for relief 104 Regulations 105

Part 5 General Operation of Vehicles Division 1 Speed Limits and Traffic Control Devices Standard speed limits 106 Standard speed limit re school or playground zone 107 Other speed limits 108 Application of speed limits re signs 109 Traffic control devices 110 Division 2 Operation of Vehicles Observance of Rules of the Road 111 Rules of the Road 112 Operation of vehicles 113 4

Peace officers 114 Prohibited operation of vehicles 115 Regulations 116

Part 6 Off-highway Vehicles

Definitions 117 A pplication of Act 118 Registration 119 Prohibited operation 120 Duty of driver re off-highway vehicle 121 Restriction on municipality 122 Stopping for peace officer 123 Production of documents 124 Onus 125 Duty of driver, etc. re accident 126 Seizure of off-highway vehicle 127 Municipal bylaws 128 Regulations 129

Part 7 Commercial Motor Transport

Interpretation 130 Division 1 Operation of Commercial Vehicles Use of commercial vehicles 131 Cancellation of certificate 132 Non-payment of fees or charges 133 Division 2 Compliance Definition 134 Purposes of inspections 135 Inspections of commercial vehicles 136 Stopping for peace officer 137 Vehicle inspection stations 138 Inspections of transportation business premises 139 Production of documents 140 Detention of vehicle 141 Review by Court 142 Administrative penalties 143 Vicarious liability 144 Division 3 Weight Weighing of vehicle 145 Checking of weight by portable scales, etc. 146 No alteration or redistribution of weight 147 5

Reduction of weight 148 Penalty re excess weight 149 Certificates of weight 150 Establishment of weights for vehicles 151 Municipalities re weight for vehicles 152 Division 4 General Matters Restriction on municipality 153 Penalty re offences 154 Bills of lading, etc. 155 Regulations 156

Part 8 Enforcement, Rights, Remedies and Obligations Division 1 Offences Offences 157 Punishment 158 Onus 159 Owner liable 160 Dismissal of charge 161 Disposition of fines and penalties 162 Division 2 Evidence in Prosecutions Certificates and affidavits 163 Traffic control device 164 Engineer’s certificate 165 Division 3 Peace Officers Stopping for peace officer 166 Production of documents 167 Seizure of licence plates 168 A rrest without warrant 169 Seizure of vehicle 170 Seizure of motor vehicle re insurance matters 171 24-hour seizure or immobilization of vehicle 172 Seizure or immobilization of motor vehicle 173 Claim by owner for expenses 174 Personal property 175 Repair of damaged vehicle 176 Right of entry to repair shops, etc. 177 A ssistance to peace officer 178 6

Division 4 Pleas, A ppeals, Prohibitions and Surrender of Licences Guilty pleas 179 Surrender of operator’s licence 180 Appeal 181 Securing of motor vehicle document 182 Failure to surrender an operator’s licence, etc. 183 Division 5 Rights, Remedies and Obligations Action for negligence not affected 184 Onus where Act contravened 185 Onus on owner or driver 186 When driver deemed agent of owner 187 False statement 188

Part 9 Transitional Provisions, Consequential A mendments, Repeals and Coming into Force Transitional provisions 189 Transitional 190 Regulations 191 Consequential amendments 192-214 Repeals 215 Coming into force 216

Schedule HER MA JESTY, by and with the advice and consent of the Legislative Assembly of A lberta, enacts as follows:

Interpretation 1(1) In this A ct, (a) “alley” means a narrow highway intended chiefly to give access to the rear of buildings and parcels of land; (b) “axle” means (

i) one or more shafts on which or with which 2 or more wheels revolve, and (ii) the wheels on each shaft; (c) “axle group” means 2 or more axles that are on a vehicle and that are situated on the vehicle as specified in the regulations; 7

(d) “Board” means the Alberta Transportation Safety Board; (e) “boulevard” means that part of a highway in an urban area that (

i) is not roadway, and (ii) is that part of the sidewalk that is not especially adapted to the use of or ordinarily used by pedestrians; (f) “centre line” means (

i) the centre of a roadway measured from the curbs or, in the absence of curbs, from the edges of the roadway, (ii) in the case of a highway (

A) that is an offset centre highway as designated by a traffic control device, or (

B) that is a highway having a certain number of traffic lanes for traffic moving in a certain direction at all times or at specified times as designated by a traffic control device, the line dividing the lanes for traffic moving in opposite directions, or (iii) in the case of a divided highway, that portion of the highway separating the roadways for traffic moving in opposite directions; (g) “certificate of registration” means a certificate of registration that is issued under this A ct and includes a document or information and other data contained in an electronic form that is recognized under this A ct as a certificate of registration; (h) “commercial vehicle” means a vehicle operated on a highway by or on behalf of a person for the purpose of providing transportation but does not include a private passenger vehicle; (i) “cycle” means a bicycle, power bicycle, motor cycle or moped; (j) “dealer” means any person who buys or sells motor vehicles as a business, either as principal or agent; 8

(k) “driver” means a person who is driving or is in actual physical control of a vehicle; (l) “driving” includes having the care or control of a vehicle; (m) “emergency vehicle” means (

i) a vehicle operated by a police service as defined in the Police Act; (ii) a fire-fighting or other type of vehicle operated by the fire protection service of a municipality; (iii) an ambulance operated by a person or organization providing ambulance services; (iv) a vehicle operated as a gas disconnection unit of a public utility; (

v) a vehicle designated by regulation as an emergency response unit; (n) “financial responsibility card” means a card issued or authorized pursuant to the Insurance Act; (o) “goods” means any thing or load that is or may be carried by means of a vehicle; (p) “highway” means any thoroughfare, street, road, trail, avenue, parkway, driveway, viaduct, lane, alley, square, bridge, causeway, trestleway or other place or any part of any of them, whether publicly or privately owned, that the public is ordinarily entitled or permitted to use for the passage or parking of vehicles and includes (

i) a sidewalk, including a boulevard adjacent to the sidewalk, (ii) if a ditch lies adjacent to and parallel with the roadway, the ditch, and (iii) if a highway right of way is contained between fences or between a fence and one side of the roadway, all the land between the fences, or all the land between the fence and the edge of the roadway, as the case may be, but does not include a place declared by regulation not to be a highway; 9

(q) “insured motor vehicle” means a motor vehicle the owner of which (

i) is insured in respect of that motor vehicle by an insurer, or (ii) is a corporation that has provided for financial responsibility in respect of that motor vehicle, in accordance with the Insurance Act; (r) “insurer” means an insurer licensed under the Insurance Act to carry on the business of automobile insurance in Alberta; (s) “licence plate” means a licence plate that is issued under this Act and includes an object that is recognized under this A ct as a licence plate; (t) “maximum allowable weight” means the weight that may be borne by a commercial vehicle; (u) “Minister” means the Minister of Transportation and Utilities; (v) “mobility aid” means a device used to facilitate the transport, in a normal seated orientation, of a person with a physical disability; (w) “motor cycle” means a motor vehicle, other than a moped, that is mounted on 2 or 3 wheels and includes those motor vehicles known in the automotive trade as motor cycles and scooters; (x) “motor vehicle” means (

i) a vehicle propelled by any power other than muscular power, or (ii) a moped, but does not include a bicycle, a power bicycle, an aircraft, an implement of husbandry or a motor vehicle that runs only on rails; (y) “motor vehicle document” means (

i) an operator’s licence; (ii) a certificate of registration; 10

(iii) a financial responsibility card; (iv) a licence plate; (

v) an operating authority certificate; (vi) a safety fitness certificate; (vii) a permit; (viii) a validation tab for a licence plate; (ix) any other document not referred to in subclauses (

i) to (viii) that is prescribed by regulation as a motor vehicle document; (z) “municipality” means a municipality as defined in the Municipal Government Act and includes a Metis settlement; (aa) “non-repairable vehicle” means a salvage motor vehicle that (

i) is sold to a person who is going to destroy the motor vehicle for scrap or dismantle it for parts, or (ii) is destroyed for scrap or dismantled for parts by the person who owned the motor vehicle when it became a salvage motor vehicle; (bb) “operator’s licence” means an operator’s licence that is issued under this Act and includes a document or information and other data contained in an electronic form that is recognized under this A ct as an operator’s licence; (cc) “optometrist” means a person who is a member of the A lberta A ssociation of Optometrists; (dd) “over-dimensional vehicle” means a vehicle, including any load that is carried on the vehicle, that exceeds the dimensions prescribed by regulation; (ee) “owner” means the person who owns a vehicle and includes any person renting a vehicle or having the exclusive use of a vehicle under a lease that has a term of more than 30 days or otherwise having the exclusive use of a vehicle for a period of more than 30 days; (ff) “peace officer” means (

i) a member of the Royal Canadian Mounted Police; 11

(ii) a member of a municipal police service; (iii) a special constable if under that person’s appointment as a special constable that person is empowered to carry out the duties of a peace officer under, or to enforce the provisions of, this Act; (iv) a park warden appointed pursuant to the National Parks Act (Canada), while carrying out duties under this A ct in a national park established under the National Parks Act (Canada); (

v) a park ranger appointed pursuant to the Provincial Parks Act while carrying out duties under this Act for the purposes of enforcing this A ct; (vi) a forest officer appointed under the Forests Act while carrying out duties under this Act for the purposes of enforcing this Act with respect to off-highway vehicles as defined in

Part 6 and their operation; (vii) a wildlife officer appointed under the Wildlife Act while carrying out duties under this Act for the purposes of enforcing this A ct; (gg) “pedestrian” means (

i) a person on foot, or (ii) a person in or on a mobility aid, and includes those persons designated by regulation as pedestrians; (hh) “permit” means a permit issued under this Act; (ii) “policy” means an owner’s or non-owner’s motor vehicle liability policy that is in conformity with

Part 7 of the Insurance Act; (jj) “private passenger vehicle” means a vehicle used solely for personal transportation, (

i) including the carriage of goods intended for the use or enjoyment of the owner of the vehicle or members of the owner’s household, but (ii) not including, in respect of a person’s business, work or employment, the carriage of passengers or of goods, except for sample cases or display goods 12

that are conveyed by a salesman and that are not for delivery or resale; (kk) “red light traffic enforcement device” means a device installed or erected at an intersection with a traffic control signal that is capable of photographing a vehicle and recording data related to the vehicle and traffic control signal; (11) “Registrar” means the Registrar of Motor Vehicle Services and includes any person who, on the directions of the Registrar, is acting on behalf of the Registrar of Motor Vehicle Services; (mm) “road authority” means, (

i) in the case of a highway that is under the direction, control and management of the Minister, the Minister; (ii) in the case of a highway that is under the direction, control and management of a municipality, the council of the municipality; (iii) in the case of (

A) a highway that is located in an improvement district, (

B) a forestry road, or (

C) a highway within a city, the title to which is vested in the Crown in right of Alberta pursuant to

section 22 of the Public Highways Development Act, the Minister; (iv) in the case of a highway that is located in a special area and that is under the direction, control and management of the Minister of Municipal Affairs, the Minister of Municipal Affairs; (

v) in the case of a highway that is located in a provincial park or recreation area and that is under the direction, control and management of the Minister of Environmental Protection, the Minister of Environmental Protection; (vi) in the case of a licence of occupation road, the Minister of Environmental Protection; 13

(vii) in the case of a highway that is located on an Indian reserve, if the title to the highway is vested in the Crown in right of Alberta and the highway is not the subject of an agreement under the Public Highways Development Act, the Minister; (viii) in the case of a highway that is under the direction, control and management of a Metis settlement, the Metis settlement; (nn) “roadway” means that part of a highway intended for use by vehicular traffic; (oo) “salvage motor vehicle” means a motor vehicle described by regulation as a salvage motor vehicle; (pp) “sidewalk” means that part of a highway especially adapted to the use of or ordinarily used by pedestrians, and includes that part of a highway between (

i) the curb line, or (ii) where there is no curb line, the edge of the roadway, and the adjacent property line, whether or not it is paved or improved; (qq) “state of the United States of America” includes the District of Columbia; (rr) “subsisting” when used in relation to a motor vehicle document or a policy means, that at the relevant time, the motor vehicle document or policy is current and has not expired nor been suspended or cancelled; (ss) “traffic control device” means any sign, signal, marking or device placed, marked or erected under the authority of this A ct for the purpose of regulating, warning or guiding traffic; (tt) “traffic control signal” means a traffic control device, whether manually, electrically or mechanically operated, by which traffic is directed to stop and to proceed; (uu) “trailer” means a vehicle so designed that it (

i) may be attached to or drawn by a motor vehicle or tractor, and (ii) is intended to transport property or persons, 14

and includes any vehicle defined by regulation as a trailer but does not include machinery or equipment solely used in the construction or maintenance of highways; (vv) “urban area” means a city, town or village or an urban service area within a specialized municipality; (ww) “vehicle”, other than in

Part 6, means a device in, on or by which a person or thing may be transported or drawn on a highway and includes a combination of vehicles but does not include a mobility aid.

(2) In sections 11, 69, 71, 72 and 169(2)(f), a reference to a vehicle is a reference to a vehicle other than a bicycle.

(3) In sections 76, 77, 78 and 79, a reference to a vehicle includes a reference to a wrecked or partially dismantled vehicle or any part of a vehicle.

(4) In this A ct, (

a) a reference to “this A ct” includes the regulations made under this A ct; (

b) a reference to “this statute” does not include the regulations made under this Act; (

c) a reference to a bylaw is, unless otherwise provided, a reference to a bylaw made under this Act.

(5) The Lieutenant Governor in Council may make regulations defining, for the purposes of this A ct, any term used in this statute that is not otherwise defined in this statute.

(6) Any term defined pursuant to subsection (5) shall be treated in the same manner as if it had been defined in subsection (1).

(7) For the purposes of the following provisions, operator’s licence includes a licence or permit issued in another jurisdiction that permits a person to operate a motor vehicle:

section 1(1)(rr);

section 18(1)(

d) and (e);

section 39;

section 51;

section 57;

section 61;

section 69;

section 80;

Part 4;

Part 8. 15

(8) For the purposes of

section 1(1)(rr) and

Part 8, certificate of registration includes a document issued in another jurisdiction that shows that a motor vehicle or trailer is registered under the laws of that jurisdiction.

(9) For the purposes of

section 1(1)(rr) and

Part 8, licence plate includes a licence plate issued in another jurisdiction.

(10) Where a highway is located both within an urban area and outside of an urban area and this A ct refers to the highway (

a) as a highway in an urban area, that reference is a reference to that portion of the highway that is located in an urban area, or (

b) as a highway outside of an urban area, that reference is a reference to that portion of the highway that is not located in an urban area.

(11) In this Act, a reference to the Rules of the Road is a reference to the regulations made under

section 112.

(12) Any reference in this A ct to a sign erected means a sign erected under the authority of this Act.

(13) Any reference in this A ct to “driver’s vehicle” means the vehicle that a driver is driving whether or not that person is the owner of the vehicle.

(14) Any reference in this Act to the weight of or carried on a commercial vehicle is a reference to, as the case may be, (

a) the weight of or borne by the vehicle, (

b) the weight borne by an axle or an axle group of a vehicle, (

c) the weight borne by a tire or group or combination of tires of a vehicle, or (

d) the weight borne by any other portion or part of a vehicle. 16

PART 1 GENERAL ADMINISTRATION Division 1 General 2(1) In accordance with the Public Service Act there may be appointed a Registrar of Motor Vehicle Services and any other officers and employees required for the administration of this A ct.

(2) For the purposes of this A ct, the Minister may appoint or designate persons (

a) as engineers, and (

b) as testers of speedometers on motor vehicles, of tuning forks, of red light traffic enforcement devices and of other devices. ation of 3(1) A person who is empowered under this Act to do any act or thing or perform any function may in writing authorize the doing of that act or thing or the performance of that function, other than the making of regulations, by one or more of the following: (

a) the Board; (

b) an employee of the Government; (

c) a peace officer; (

d) any person or class of persons designated by the Minister.

(2) An authorization made under subsection (1) may be (

a) general or applicable to a particular case, and (

b) conditional or unconditional.

(3) Where an authorization (

a) purports to be signed by the person giving the authorization, and (

b) states that the person named in it is authorized to do the act or thing or perform the function set out in the written authorization, that authorization or a copy of it shall be admitted in evidence as prima facie proof of that person’s authorization to do the act or 17

thing or perform the function without proof of the signature or official character of the person appearing to have signed the authorization.

(4) Notwithstanding that a person has given an authorization under this section, that person may do the act or thing or perform the function in respect of which the authorization was given.

(5) Where authorized by the Minister, (

a) the Registrar, (

b) the Board, or (

c) an employee of the Government designated by the Minister, may accept and exercise powers conferred on that person or body pursuant to the Canada Transportation Act (Canada) or the Motor Vehicle Transport Act, 1 987 (Canada). Reproduction of documents, etc. 4(1) The Minister may, on any terms or conditions that the Minister directs, authorize the Registrar to cause any document, item or thing, including a class of document, a copy of a document or a document recorded on a photographic medium or by electronic means, that is filed or maintained under this Act to be reproduced on a photographic medium or by electronic means.

(2) A reproduction of a document, item or thing that is certified by the Registrar to be a true copy of the reproduced document, item or thing (

a) stands in the place of the original document, item or thing, (

b) shall be treated as the original document, item or thing for all purposes under this A ct, and (

c) is admissible in evidence in any legal proceeding in the same manner and for all purposes as if it were the original document, item or thing. Documents signed by officials 5(1) Every document that purports to be signed or issued by (

a) the Chair or a Vice-chair or member of the Board, (

b) the secretary of the Board, (

c) the Registrar, 18

(

d) a person to whom an authorization is made under

section 3, if the document relates to a function that the person is authorized to perform, (

e) the Registrar of Corporations, (

f) a person who is authorized to perform a function of the Registrar, if the document relates to a function that the person is authorized to perform, (

g) an official of a jurisdiction other than A lberta who is a registrar of motor vehicles or performs a function for that jurisdiction similar to the function that the Registrar performs for A lberta, or (

h) the person performing the functions of the provincial transport board as defined under the Motor Vehicle Transport Act, 1987 (Canada), shall be admitted in evidence as prima facie proof of the facts stated in the document without proof of the signature or official character of the person who signed the document, if any.

(2) When proof is required of (

a) the suspension or cancellation of a motor vehicle document, or (

b) the disqualification of a person from driving a motor vehicle in A lberta or from holding a motor vehicle document under this A ct, the production of a certificate purporting to be signed by the Registrar stating that (

c) the motor vehicle document issued to that person is suspended or cancelled, or (

d) the person named in the certificate is disqualified from driving a motor vehicle in A lberta or from holding a motor vehicle document under this Act, shall be admitted in evidence as prima facie proof that the motor vehicle document is suspended or cancelled or that the person so named is so suspended or disqualified, without proof of the signature or official character of the person signing the certificate, if any.

(3) In a prosecution for an offence with respect to a failure to comply with

section 70 or 71, a certificate purporting to be signed by the Registrar that any accident report required under this Act has 19

or has not been made shall be admitted in evidence as prima facie proof of all the facts stated in the certificate without proof of the signature or official character of the person signing the certificate, if any.

(4) A certificate purporting to be signed by the Chair or a Vice-chair, member or the Secretary of the Board or the Registrar certifying (

a) that a notice or document given or made under this Act was served, and (

b) that according to the records kept under this Act the notice or document was served on the person named in the notice or document, shall be admitted in evidence as prima facie proof of the facts stated in the certificate without proof of the signature or official character of the person signing the certificate, if any.

(5) A document or certificate referred to in this

section is admissible in evidence in all actions to which the Alberta Evidence Act applies.

(6) The Minister may approve a seal of office for the Board or the Registrar and that seal may for the purposes of this Act be used in conjunction with or in place of a signature. Service 6 A notice or document that is to be served or given under this Act by or on behalf of the Registrar or the Board may be served or given (

a) by personal service; (

b) unless otherwise provided for under this A ct, by being sent by ordinary mail sent to the latest address of the person who is to be served as shown on the records of the Registrar; (

c) unless otherwise provided for under this A ct, by being transmitted by electronic means to the latest number or electronic address of the person who is to be served as shown on the records of the Registrar; (

d) in a manner or by a method provided for by regulation. 20

Crown not liable 7 No liability attaches to the Crown for any loss or damage that arises from (

a) incorrect information contained in (

i) a motor vehicle document, (ii) an application for a motor vehicle document, or (iii) any other document created under this A ct that is not referred to in subclauses (

i) and (ii), or (

b) the issuance of any document referred to in clause (a), notwithstanding that the information may have been entered by some person other than an applicant for the document, if that information was entered on the document in good faith. Division 2 Release of Information Release of personal driving and motor vehicle information 8(1) In this section, “personal driving and motor vehicle information” means (

a) any information supplied by an individual under this Act in order for that individual to be issued a motor vehicle document in that individual’s name, or (

b) any information pertaining to the driving record of an individual.

(2) Neither the Registrar nor any person acting on behalf of the Registrar or providing services under this A ct shall release personal driving and motor vehicle information except to the persons to whom and in the circumstances under which personal information may be disclosed under

section 38 of the Freedom of Information and Protection of Privacy Act.

(3) Notwithstanding subsection (2), on request the Registrar (

a) may furnish an abstract of the driving record of a person (

i) to that person, (ii) for the 3-year period or a greater period preceding the request as permitted by the Registrar, to an insurer or surety, if 21

(

A) the abstract is required for the purposes of determining whether to grant or maintain motor vehicle insurance in respect of that person, and (

B) the insurer or surety, as the case may be, has a written authorization from that person authorizing the abstract to be released to the insurer or surety, (iii) to a peace officer, (iv) to an employer or prospective employer of that person if the employer or prospective employer has a written authorization from that person authorizing the abstract to be released to the employer or prospective employer, (

v) to a parent or guardian of that person if, under the law, that person requires the signature of that parent or guardian on that person’s operator’s licence application, or (vi) to a lawyer of that person if the lawyer has a written authorization from that person authorizing the abstract to be released to that lawyer, and (

b) shall furnish to a person who is injured or whose property is damaged by a motor vehicle, or to that person’s personal representative, in the case where that person is killed by a motor vehicle, any information on the Government’s records pertaining to the proof of financial responsibility of any owner or driver of the motor vehicle. Information forwarded to Registrar 9(1) Notwithstanding anything in the Young Offenders Act, when a court (

a) finds a young person guilty of an offence under this Act, (

b) finds a young person guilty of an offence to which

section 83, 84, 86, 87, 89 or 173 applies, (

c) makes a judgment for damages arising out of a motor vehicle accident, or (

d) makes any other order under this A ct, the clerk or registrar of the court shall, on the request of the Registrar, immediately forward to the Registrar a certified copy of 22

the order, judgment, conviction, absolute discharge or conditional discharge or a transcript or certificate thereof in a form prescribed by the Registrar.

(2) The certified copy or certificate is prima facie proof of the order, judgment, conviction, absolute discharge or conditional discharge or of the finding of guilt of a young person.

(3) The clerk or other official charged with the duty of reporting to the Registrar is entitled to collect and receive a fee prescribed by regulation for each copy or certificate required by this section.

(4) If the defendant is not resident in Alberta, the Registrar shall provide a certificate of the order, judgment or conviction to the registrar or other officer or officers, if any, in charge of the registration of motor vehicles and the licensing of drivers in the province or state in which the defendant resides. Release of safety information 10(1) The Registrar may publish reports, statistics or other information arising out of matters referred to in sections 11 and 73 for the purposes of informing the Minister and the public as to the nature and causes of accidents.

(2) Notwithstanding subsection (1), no report, statistics or other information published under subsection (1) shall contain any particulars that any person could identify as relating to any specific person or accident unless the previous consent in writing of the person, or if more than one person, of all of them, has been obtained for release of the information.

(3) Publication of information under subsection (1) is not a contravention of

section 11 or 73(3) or (4). Inspection of accident report 11(1) In this section, “previous legislation” means (

a) sections 83, 84 and 85 of the Highway Traffic Act (RSA 1970 cl69), and (

b) sections 77, 78 and 79 of the Motor Vehicle Administration Act (RSA 1980 cM-22) or any one or more of those provisions that are applicable in the circumstances.

(2) Subject to the regulations, where a report is made under (

a) the previous legislation, (

b) section 70 or 71 of this Act, or 23

(

c) the regulations, in respect of an accident involving a motor vehicle, the Registrar or a peace officer may release information contained in that report to (

d) a person or an insurance company or a lawyer, agent or representative of that person or company if that person or company (

i) has paid or may be liable to pay damages, or (ii) has recovered or may be entitled to recover damages; (

e) the Registrar for the purposes of monitoring the safe operation of commercial vehicles; (

f) a municipality for the purposes of improving traffic circulation or the management of roadways.

(3) Subject to subsection (2), a report or statement made or furnished under the previous legislation or

section 70 or 71 and the regulations made under this A ct governing accident reports (

a) is not open to public inspection, and (

b) is not admissible in evidence for any purpose in a legal proceeding arising out of the accident except to prove (

i) compliance with the previous legislation or

section 70 or 71 of this Act and the regulations made under this Act governing accident reports, as the case may be, (ii) falsity in a prosecution for making a false statement in the report or statement, or (iii) the identity of the persons who were driving the vehicles involved in the accident. Certified copies of Board documents 12 On the request by a person and payment of the prescribed fee, the secretary of the Board may provide to that person a certified copy of any order, decision, certificate or other public document issued or granted by the Board that is requested by that person. 24

Division 3 Municipalities and Other Authorities General powers of municipality 13(1) Subject to this Act and the Dangerous Goods Transportation and Handling Act, the council of a municipality may, with respect to a highway under its direction, control and management, make bylaws that are not inconsistent with this Act, doing the following: (

a) governing the use of highways; (

b) governing the parking of vehicles; (

c) governing the establishment and use of parking places that are for the exclusive use of persons with disabilities who display on their vehicles a disabled placard or licence plate that is issued or recognized by the Registrar; (

d) governing access to highways from private land; (

e) governing fees charged with respect to the parking of vehicles; (

f) classifying motor vehicles and other vehicles and pedestrians for any purposes involving the use of streets, lanes and other public places; (

g) with respect to noise produced in connection with a vehicle, (

i) defining what constitutes an objectionable noise, (ii) establishing a method of determining or measuring noise, and (iii) prohibiting the use or operation of a vehicle where the noise produced in connection with that vehicle is objectionable noise; (

h) governing the turning of vehicles at intersections; (

i) governing the encumbering of highways; (

j) governing, subject to sections 77 to 79, the impounding and removal of vehicles (

i) in respect of which parking fees are payable, (ii) that are parked in an area where parking is prohibited, or 25

(iii) that are parked in contravention of this Act or a bylaw; (

k) governing the licensing of bicycles; (

l) governing the impounding of bicycles, skateboards and similar devices; (

m) governing parades and processions; (

n) governing closing or restricting the use of a highway; (

o) authorizing the municipality to issue a licence or permit that is terminable on 30 days’ notice in writing for the temporary occupation or use of a road allowance or highway or a portion of a road allowance or highway when it is not required for public use; (

p) restricting the use of specific traffic lanes to vehicles carrying a prescribed number of passengers; (

q) restricting the use of specific traffic lanes to specific vehicles or classes of vehicles; (

r) governing the issuing of tags, tickets or other documents; (

s) governing the placing of tags, tickets or other documents on vehicles; (

t) governing the marking of tires on vehicles for the purpose of enforcing parking bylaws; (

u) governing the employing of or engaging the services of persons to enforce bylaws made with respect to the parking of vehicles; (

v) designating routes for vehicles or classes of vehicles; (

w) restricting the weight of vehicles or of vehicles and the goods being carried by the vehicles; (

x) prescribing or otherwise providing for penalties with respect to the contravention of a bylaw made under this Division.

(2) Where permitted under a regulation, a municipality may, subject to any term or condition prescribed by the regulation, make bylaws under which the municipality may provide that the regulation does not apply in whole or in part to or within the municipality. 26

Private property 14 Subject to this Act and the Provincial Offences Procedure Act, the council of a municipality may make bylaws, (

a) with respect to privately owned property that is located within the municipality to which vehicles driven by members of the public generally have access, (

i) governing parking on the property without the permission or authorization of the owner of the property or a person having possession or control of the property; (ii) governing the parking of vehicles in manufactured home communities; (iii) governing the establishment and use of parking places that are for the exclusive use of persons with disabilities who display on their vehicles a disabled placard or licence plate that is issued or recognized by the Registrar; (iv) prescribing speed limits in respect of lanes or other thoroughfares used by vehicles; (

b) with respect to private property that is located within the municipality to which vehicles driven by members of the public generally do not have access but on which the owner of the property or a person having possession or control of the property may park or otherwise keep vehicles, prohibiting (

i) the parking of vehicles on that property without the permission or authorization of that person; (ii) the parking of vehicles so that the access to that property is denied or otherwise restricted; (

c) with respect to a vehicle parked or driven in contravention of a bylaw made under this section, (

i) governing the issuing of tags or tickets or other documents; (ii) governing the placing of tags, tickets or other documents on vehicles; (iii) governing, subject to sections 77 to 79, the removal and impounding of vehicles; 27

(iv) providing for the laying of an information and complaint. Prohibitions and offences 15(1) The authority to make a bylaw under this Act governing or respecting any matter includes the authority to make prohibitions in respect of that matter.

(2) The authority to make a bylaw under this A ct includes the authority to specify that a contravention of or a failure to comply with the bylaw is an offence. Restriction of powers 16 Unless specifically permitted by this Act or any other A ct, a council of a municipality does not have any power to make a bylaw that does one or more of the following: (

a) imposes any tax, fee, licence or permit respecting the use of highways by pedestrians or vehicles; (

b) excludes pedestrians or vehicles generally from using highways; (

c) prohibits the use of highways by pedestrians or vehicles; (

d) affects in any way the registration or numbering of motor vehicles. Control of traffic in provincial parks 17 With respect to a highway under the direction, control and management of the Minister of Environmental Protection, the Minister of Environmental Protection may make regulations (

a) governing, by means of signs erected along the highway, the movement of pedestrians, vehicles or other traffic on the highway; (

b) governing the opening or closing of highways. Division 4 Regulations Regulations by the Lieutenant Governor in Council 18(1) The Lieutenant Governor in Council may make regulations (

a) subject to

section 6, providing for and governing the service of notices and documents and the deemed service of notices and documents under this A ct; (

b) subject to

section 1(7), (8) and (9), specifying the provisions of this Act in which a reference to 28

(

i) a certificate of registration includes a document issued in another jurisdiction that shows that a motor vehicle or trailer is registered under the laws of that jurisdiction; (ii) a licence plate includes a licence plate issued in another jurisdiction; (iii) an operator’s licence includes a licence or permit issued in another jurisdiction that permits a person to operate a motor vehicle; (

c) for the purposes of

section 169(2)(

q) and (r), designating those offences under this A ct for which a person may be arrested without a warrant; (

d) establishing and governing a program under which drivers are assessed demerit points for a contravention of (

i) this A ct, or (ii) any other Act or regulation that relates to the safe operation of a vehicle; (

e) providing for and governing sanctions that may be imposed in respect of a program referred to in clause (d), including the suspension or cancellation of an operator’s licence; (

f) for the purposes of

section 1(1)(gg), designating persons as pedestrians; (

g) governing the establishment of school zones and playground zones; (

h) providing for or otherwise specifying the periods of time and the days during which speed limits established or prescribed in respect of school zones and playground zones are in effect.

(2) The Minister may make regulations (

a) exempting or providing for the granting of exemptions of persons or vehicles or classes of persons or vehicles from any provision of this Act; (

b) governing any matter respecting the seizure under this Act of vehicles and the contents of and goods carried by vehicles. 29

Statute prevails 19 Where there is a conflict between this statute and a regulation or bylaw made under this statute, this statute prevails. Prohibitions and offences 20(1) The authority to make a regulation under this statute governing or respecting any matter includes the authority to make prohibitions in respect of that matter.

(2) The authority to make a regulation under this statute includes the authority to specify that a contravention of or a failure to comply with the regulation is an offence. Power to establish standards, etc. 21 The authority to make a regulation or a bylaw under this statute governing or respecting any matter includes the authority (

a) to establish criteria, specifications and standards in respect of that matter, (

b) to adopt any code with respect to the matters referred to in clause (a), and (

c) to modify any code referred to in clause (b).

PART 2 ALBERTA TRANSPORTATION SAFETY BOARD Division 1 Administration Board 22(1) The Alberta Motor Transport Board and the Driver Control Board are amalgamated and continued as a single board with the name “A lberta Transportation Safety Board”.

(2) The Board shall consist of the persons appointed by the Lieutenant Governor in Council as members of the Board.

(3) The Board is a corporation.

(4) The members of the Board who are not officers or employees of the Crown or of an agency of the Crown may be paid remuneration and expenses while engaged in the business of the Board at a rate prescribed by the Lieutenant Governor in Council. 3 0

Chair and Vice-chair of the Board 23(1) The Lieutenant Governor in Council shall designate one member of the Board as the Chair of the Board and may designate one or more members of the Board as Vice-chairs of the Board.

(2) When the Chair is not present or able to act, a Vice-chair as specified by the Chair or, if a Vice-chair is not so specified, any Vice-chair may act in the place of the Chair.

(3) If the Chair and the Vice-chairs are not present or are unable to act, the Chair may appoint one of the members of the Board to act as the chair. Functions of the Board 24 The Board shall (

a) consider applications for operating authority certificates with respect to the operation of commercial vehicles that are buses; (

b) conduct reviews and appeals under Divisions 2 and 3; (

c) consider any matter referred to it by the Minister. Sittings of the Board 25(1) The members of the Board shall meet at the times and places specified by the Chair.

(2) With respect to a matter before the Board, the Chair may from time to time appoint one or more persons who in the opinion of the Chair have special technical or other knowledge (

a) to sit with the Board, to hear and consider the matter with the Board and to advise the Board on the matter, or (

b) to inquire into and report to or appear before the Board in respect of the matter. Quorum 26 A quorum of the Board consists of (

a) one member of the Board, (

i) in the case of an appeal conducted under

section 40, or (ii) in the case of a matter to which

section 31(

b) applies, where considered appropriate by the Chair; (b) 2 members of the Board 3 1

(

i) subject to clause (a)(ii), in the case of a review conducted under Division 2, or (ii) in the case of an appeal conducted under

section 37; (c) 3 members of the Board, in the case of (

i) an application for an operating authority certificate under

Part 7 with respect to the operation of a commercial vehicle that is a bus, or (ii) an appeal conducted under

section 35, 36, 38, 39, 41, 42, 43, 44 or 46. Procedure at Board hearings, reviews and appeals 27(1) For the purposes of conducting hearings, reviews and appeals before the Board, (

a) the Chair and the other members of the Board have the same power as is vested in the Court of Queen’s Bench for the trial of civil actions (

i) to summon and enforce the attendance of witnesses, (ii) to compel witnesses to give evidence under oath or otherwise, (iii) to compel witnesses to give evidence in person or otherwise, and (iv) to compel witnesses to produce any record, object or thing that relates to the matter being heard; (

b) the Board may, in its discretion, take evidence under oath; (

c) any member of the Board or the secretary of the Board may administer oaths for the purpose of taking evidence; (

d) the Board may require a person who is the subject of or a party to a hearing, a review or an appeal to personally attend the proceedings before the Board; (

e) a person who is the subject of or a party to a hearing, a review or an appeal (

i) has the right to appear before the Board and make representations in respect of the matter, and (ii) has the right to be represented before the Board by legal counsel. 32

(2) With respect to hearings, reviews and appeals before the Board, the Board, with the approval of the Minister, may, subject to this A ct, make rules (

a) governing notices of hearings, reviews and appeals; (

b) governing applications for and conditions to be met respecting hearings, reviews and appeals; (

c) governing the procedure before the Board; (

d) governing adjournments of matters before the Board; (

e) governing the attendance of witnesses; (

f) governing the applicability of the rules of evidence in judicial proceedings to hearings, reviews and appeals before the Board; (

g) governing the receiving and recording of evidence; (

h) empowering the Board to proceed and determine a matter when a party to a matter before the Board fails to appear at or attend a hearing, a review or an appeal; (

i) governing interim relief that may be granted under

section 43; (

j) providing for majority and minority decisions; (

k) empowering the Board to consider a matter based on material submitted to the Board by the parties without the parties or their representatives appearing before the Board and governing the procedure to be used in those circumstances; (

l) governing the applicability of the Alberta Rules of Court; (

m) providing for the issuing and publication of decisions of the Board; (

n) governing the reconsideration of decisions made by the Board; (

o) governing the providing of the decisions of the Board to the parties who are subject to the decisions; (

p) governing costs.

(3) Where the Registrar is summoned to attend before the Board, the Registrar may in writing designate an employee of the 33

Government who is, in the opinion of the Registrar, knowledgeable in respect of the subject-matter that is being considered by the Board to attend before the Board on behalf of the Registrar and that designated person is deemed to be the person who was summoned to attend before the Board.

(4) The Regulations Act does not apply to rules made under subsection (2). Board decision is final 28 Subject to sections 48 and 49, every decision or order of the Board is final. Testimony and production of documents 29(1) Unless the Chair directs otherwise, no member of the Board or employee of the Government who is under the administration of the Board may be compelled (

a) to give testimony for the purposes of a civil action with regard to information obtained in the course of the member’s or employee’s duties, or (

b) to produce any document or information for the purposes of a civil action. (2) Subsection (1) does not apply when the member of the Board or the employee is a party to the civil action. Division 2 Reviews Respecting Conduct of Drivers Reviews by Board 3 0(1) The Board may conduct reviews into a person’s ability or attitude respecting the operation of a motor vehicle (

a) where the Board is concerned as to the person’s ability or attitude regarding the operation of a motor vehicle, or (

b) where the Minister, a court or the Registrar has advised the Board as to a concern respecting the person’s ability or attitude regarding the operation of a motor vehicle.

(2) The Board may consider applications by persons seeking relief under

section 31(b). Action taken re reviews 3 1 On conducting a review or considering an application under

section 30 the Board may, (

a) where a person’s ability or attitude regarding the operation of a motor vehicle has been considered by the Board, 3 4

(

i) disqualify the person from driving a motor vehicle in Alberta for a definite or indefinite period of time; (ii) with respect to that person, prescribe any measure or course of remedial education or treatment as a condition of acquiring or holding an operator’s licence; (iii) prescribe terms and conditions governing that person’s operator’s licence; (

b) where the suspension of a person’s operator’s licence or the disqualification of a person to hold an operator’s licence arises out of that person being found guilty under

section 253 or 254 of the Criminal Code (Canada), (

i) on the expiration of a suspension or disqualification imposed by a court, set aside the operation of the suspension or disqualification imposed under this Act on the condition that the person who is subject to the suspension or disqualification (

A) does not operate a motor vehicle unless the vehicle is equipped with an alcohol-sensing device that meets the approval of the Board, and (

B) complies with any terms or conditions imposed by the Board; (ii) on the expiration of the suspension or disqualification imposed under this Act, direct that the reinstatement or issuance of an operator’s licence to the person who was subject to the suspension or disqualification be on the condition that the person, in addition to complying with the requirements imposed under this Act, (

A) does not operate a motor vehicle unless the vehicle is equipped with an alcohol-sensing device that meets the approval of the Board, and (

B) complies with any terms or conditions imposed by the Board. Reconsider- ation re reviews 32(1) Where the Board has reviewed or considered a matter under

section 30 and made a decision under

section 31, the Board shall on the application of the person who is the subject of that decision reconsider the decision. 3 5

(2) Notwithstanding subsection (1), once a decision of the Board has been reconsidered by the Board in respect of a matter referred to in subsection (1), the Board may refuse to reconsider the decision again if in the opinion of the Board the circumstances in respect of the matter have not substantially changed from the time of the previous reconsideration. Consideration of driver’s record, etc. 3 3 In making a decision under this Division or Division 3, the Board may take into consideration a person’s accident record, conviction record, driver attitude, driving skills and knowledge, driving disabilities and any other factors that the Board considers relevant. Division 3 Appeals to the Board

Interpretation 3 4 Any reference in this Division to the Registrar in respect of any matter includes a reference to any decision or action made or taken by the Registrar relating to that matter. Appeals re cancellation of permit 35(1) Where the Registrar cancels a person’s permit under

section 62, that person may appeal the cancellation to the Board.

(2) In determining an appeal commenced pursuant to this section, the Board may (

a) confirm any action taken by the Registrar that the Board considers appropriate in the circumstances; (

b) direct the Registrar to reinstate a permit; (

c) remove or vary any term or condition imposed in respect of a permit; (

d) make the order subject to any terms or conditions that the Board considers appropriate in the circumstances. Appeals re disqualifica- tion, suspen- sion, etc. by Registrar 36(1) Where under

section 91(4) the Registrar (

a) disqualifies a person from driving a motor vehicle, or (

b) suspends or cancels a certificate of registration issued to a person, that person may appeal that disqualification, suspension or cancellation to the Board. 3 6

(2) In determining an appeal commenced pursuant to this section, the Board may (

a) confirm, vary or rescind the decision made by the Registrar, or (

b) set aside the decision made by the Registrar and make any decision that the Registrar is empowered to make. Appeals re demerit points 37(1) Where the Registrar conducts a review under

section 99 with respect to the suspension or cancellation of a person’s operator’s licence by reason of the accumulation of demerit points, that person may appeal the decision of the Registrar arising out of that review to the Board.

(2) In determining an appeal commenced pursuant to this section, the Board may (

a) confirm, vary or rescind the decision made by the Registrar, or (

b) set aside the decision made by the Registrar and make any decision that the Registrar is empowered to make. Appeals re suspension, etc. of operator's licence 38(1) Where (

a) a person’s operator’s licence is suspended under

section 86(1), or (

b) a person is disqualified from holding an operator’s licence under

section 86(2), that person may appeal the imposition of or the length of the suspension or disqualification to the Board.

(2) In determining an appeal commenced pursuant to this section, the Board may (

a) confirm the suspension or disqualification; (

b) reduce, with or without conditions, the term of suspension or disqualification; (

c) cancel the disqualification; (

d) terminate the suspension. 37

Appeals re 3-month suspension, etc. 39(1) In this section, “alcohol-related driving of a motor vehicle”, “peace officer” and “temporary operator’s permit” mean alcohol-related driving of a motor vehicle, peace officer and temporary operator’s permit as defined in

section 88.

(2) Where, with respect to the alcohol-related driving of a motor vehicle, (

a) a person’s operator’s licence or temporary operator’s permit is suspended, or (

b) a person is disqualified from acquiring or holding an operator’s licence or from operating a motor vehicle under

section 88, the person may appeal that suspension or disqualification to the Board.

(3) In an appeal under this section, the Board shall consider (

a) any relevant sworn or solemnly affirmed statements and any other relevant information; (

b) the report of the peace officer; (

c) a copy of any certificate of analysis under

section 258 of the Criminal Code (Canada) without proof of the identity and official character of the person appearing to have signed the certificate or that the copy is a true copy; (

d) where an oral hearing is held, in addition to the matters referred to in clauses (a), (

b) and (c), any relevant evidence and information given or presentations made at the hearing.

(4) An appellant is not compelled to give evidence in an appeal under this section.

(5) If, after conducting an appeal under this section, the Board is satisfied that (

a) the person having consumed alcohol in such a quantity that the concentration of alcohol in that person’s blood exceeded 80 milligrams of alcohol in 100 millilitres of blood, drove a motor vehicle, or (

b) the person, with respect to the driving of a motor vehicle, failed or refused, without a reasonable excuse, to comply with a demand made on that person to supply a sample of that person’s breath or blood under

section 254 of the Criminal Code (Canada), the Board must confirm the suspension or disqualification. 3 8

(6) If, after conducting an appeal under this section, the Board is satisfied (

a) that the person did not drive a motor vehicle having consumed alcohol in such a quantity that the concentration of alcohol in that person’s blood exceeded 80 milligrams of alcohol in 100 millilitres of blood, or (

b) that, with respect to the driving of a motor vehicle, (

i) the person did not fail or refuse to comply with a demand made on that person to supply a sample of that person’s breath or blood under

section 254 of the Criminal Code (Canada), or (ii) the person had a reasonable excuse for failing or refusing to comply with the demand referred to in subclause (i), the Board must (

c) cancel the suspension or disqualification, and (

d) direct the return to that person of any fees paid to the Government by the person in respect of the appeal conducted under this section. Appeals re seizure or immobilization of motor vehicle 40(1) Subject to the regulations, where a person’s motor vehicle is seized or immobilized under

section 173, that person or another person who has an interest in that motor vehicle may appeal the seizure or immobilization to the Board.

(2) In determining an appeal commenced pursuant to this section, the Board may, subject to the regulations, confirm, vary or rescind the decision made or action taken under

section 173. Appeals re administrative penalties re commercial transport 41(1) Where a regulated person, as defined in

section 143, is affected by a decision made or an action taken by the Registrar under

section 143, that person may appeal that decision or action to the Board.

(2) In determining an appeal commenced pursuant to this section, the Board may (

a) confirm, vary or rescind the decision made by the Registrar, or 3 9

(

b) set aside the decision made or action taken by the Registrar and make any decision or take any action that the Registrar is empowered to make or take. Appeals re driver training and driver examiners 42(1) Where a person who (

a) operates a driver training school, (

b) is a driver examiner, or (

c) is a driver instructor, is affected by a decision or action of the Registrar with respect to the operation of or the provision of services by the driver training school or the actions of or the provision of services by the driver examiner or driver instructor, that person may appeal that decision or action to the Board.

(2) In determining an appeal commenced pursuant to this section, the Board may (

a) confirm, vary or rescind the decision made by the Registrar, or (

b) set aside the decision made or action taken by the Registrar and make any decision or take any action that the Registrar is empowered to make or take. Appeals re safety fitness certificate, etc. 43(1) In this section, “certificate” means a certificate as defined in

section 130(1)(c).

(2) Where the Registrar (

a) refuses to issue a certificate to an applicant, the applicant may appeal the refusal to issue the certificate to the Board, (

b) imposes a term or condition in respect of a certificate, the carrier may appeal the imposition of the term or condition to the Board, (

c) makes an order under

section 132(2) suspending or cancelling a certificate, the carrier may appeal the suspension or cancellation of the certificate to the Board, or (

d) makes an order changing the safety rating of a carrier, the carrier may appeal the change in the safety rating to the Board. 40

(3) After the commencement of an appeal pursuant to this section, the Board may grant interim relief and make the interim relief subject to any terms or conditions that the Board considers appropriate in the circumstances.

(4) The interim relief granted under subsection (3) may include the granting of an interim certificate that is valid for a period of time that does not extend beyond the point in time at which the Board renders its decision in respect of the appeal.

(5) In determining an appeal commenced pursuant to this section, the Board may (

a) confirm any action taken by the Registrar that the Board considers appropriate in the circumstances; (

b) direct the Registrar to issue or not to issue a certificate; (

c) direct the Registrar to reinstate a certificate; (

d) direct the Registrar to reinstate a safety rating to what it was or to what the Board considers is appropriate in the circumstances; (

e) remove or vary any term or condition imposed in respect of a certificate; (

f) make the order subject to any terms or conditions that the Board considers appropriate in the circumstances. Other appeals 44(1) Where directed to do so by the Minister, the Board shall conduct an appeal in respect of any matter arising under this Act that is not otherwise provided for under this Part.

(2) In determining an appeal commenced pursuant to this section, the Board may, subject to this Act, provide such relief as the Board considers appropriate in the circumstances. Commence- ment of appeals 45(1) A n appeal may be commenced under this Division by filing with the Secretary of the Board a notice of appeal accompanied by the prescribed fee, if any.

(2) An appeal under this Division shall not be commenced at any time after 30 days have expired from the day that the person requesting the appeal is served with the written notice of the Board’s decision or action, as the case may be, in respect of which the appeal is being commenced. 41

Reconsidera- tion re appeals 46(1) Where the Board has conducted an appeal and made a decision under this Division, the Board shall on the application of the person who is the subject of the decision reconsider the decision.

(2) Notwithstanding subsection (1), once a decision of the Board has been reconsidered by the Board in respect of a matter referred to in subsection (1), the Board may refuse to reconsider the decision again if in the opinion of the Board the circumstances in respect of the matter have not substantially changed from the time of the previous reconsideration. Appeal is not a stay 47 An appeal commenced under this Division does not, except as otherwise directed by the Board, stay any suspension, cancellation, disqualification or other decision or action that is the subject of or otherwise related to the appeal.

Division 4 Appeals to Courts Appeals to Court of Queen’s Bench 48(1) A person who is aggrieved by a decision of the Board (

a) made in respect of (

i) a matter referred to in

section 31(a), if the disqualification from driving is for an indefinite period of time or for a period of more than 6 months, or (ii) a matter referred to in

section 31 (b), or (

b) arising out of an appeal conducted under

section 37, may, subject to subsection (2), appeal the decision of the Board to the Court of Queen’s Bench.

(2) An appeal under this

section of a decision of the Board may be commenced only if the Board has reconsidered that decision at least once under

section 32 or 46.

(3) A n appeal under this

section shall not be commenced at any time after 30 days has expired from the day that (

a) the Board’s decision arising out of or in respect of a reconsideration under

section 32(1) or 46(1), or 42

(

b) the Board’s decision under

section 32(2) or 46(2) not to reconsider the matter, has been served on that person.

(4) The Court of Queen’s Bench may confirm, vary or set aside the decision of the Board.

(5) A n appeal under this

section must be commenced by filing an originating notice with the Court of Queen’s Bench. Appeals to Court of Appeal 49(1) An appeal lies from the decision of the Board to the Court of A ppeal on a question of jurisdiction or on a question of law.

(2) An appeal under this

section shall not be commenced at any time after 30 days has expired from the day that the Board has served written notice of its decision on the person who was the subject of that decision. Board may be represented 50 The Board is entitled to be represented at an appeal conducted pursuant to this Division and to make representations in respect of any matter before the Court that is related to the appeal.

PART 3 MOTOR VEHICLE ADMINISTRATION Division 1 Licences, Registration, Insurance and Permits Operator’s licences 51 Except as otherwise permitted under this Act, a person shall not do any of the following: (

a) drive a motor vehicle on a highway unless that person is the holder of a subsisting operator’s licence; (

b) drive a motor vehicle on a highway unless that motor vehicle is of a class or type that is authorized to be operated under the class of operator’s licence held by that person; (

c) drive a motor vehicle on a highway contrary to a restriction or condition to which that person’s operator’s licence is subject; (

d) drive a motor vehicle on a highway unless that person’s operator’s licence is in that person’s possession; 43

(

e) where the person holds an operator’s licence classified as a learner’s operator’s licence, drive a motor vehicle on a highway unless there is a person occupying a front passenger seating position of the motor vehicle who (

i) is supervising the person driving the vehicle, (ii) is a holder of a subsisting operator’s licence that is not classified as a learner’s operator’s licence and that is valid for the operation of the vehicle being driven, (iii) has the operator’s licence referred to in subclause (ii) in that person’s possession, and (iv) is of the age prescribed by regulation; (

f) where a motor vehicle is being driven on a highway by a person holding an operator’s licence classified as a learner’s operator’s licence, supervise the driving of the vehicle by the person holding the learner’s operator’s licence unless the person carrying out that supervision (

i) is occupying a front passenger seating position of the motor vehicle, (ii) is a holder of a subsisting operator’s licence that is not classified as a learner’s operator’s licence and that is valid for the operation of the vehicle being driven, (iii) has the operator’s licence referred to in subclause (ii) in that person’s possession, and (iv) is of the age prescribed by the regulations; (

g) where the person holds an operator’s licence classified as a learner’s operator’s licence, operate a motor vehicle on a highway during any period of time that the holder of a learner’s operator’s licence is by regulation prohibited from operating a motor vehicle; (

h) where a motor vehicle is in that person’s possession or under that person’s care or control, permit another person to drive that vehicle unless that other person meets the requirements of this Act to drive that vehicle; (

i) where a motor vehicle is in that person’s possession or under that person’s care or control, knowingly or willingly permit a person 44

(

i) whose operator’s licence is suspended, or (ii) who is disqualified from holding an operator’s licence, to operate that motor vehicle on a highway unless it is a vehicle that the person is permitted to operate under this Act notwithstanding the suspension or disqualification; (

j) where the person has been issued an operator’s licence under this Act, have in that person’s possession more than one subsisting operator’s licence issued under this A ct; (

k) possess an operator’s licence that has been issued to another person; (

l) possess an operator’s licence that is not a subsisting operator’s licence; (

m) possess any fictitious document purporting to be an operator’s licence; (

n) use an operator’s licence that has been issued to another person; (

o) use an operator’s licence that is not a subsisting operator’s licence; (

p) use any fictitious document purporting to be an operator’s licence; (

q) where a person has been issued an operator’s licence, allow another person to use or be in possession of that operator’s licence; (

r) apply for, acquire or attempt to acquire an operator’s licence for that person’s own use or in that person’s name (

i) during any period that the person is disqualified from driving a motor vehicle in Alberta, another province of Canada or a state of the United States of A merica, (ii) during any period for which that person’s operator’s licence is suspended, or (iii) during any period for which that person is disqualified from holding an operator’s licence in Alberta, another province of Canada or a state of the United States of A merica, 45

whether or not the period for which the person’s operator’s licence was issued has expired; (

s) where the person holds a subsisting operator’s licence, apply for or obtain another operator’s licence under this A ct except (

i) for the purpose of obtaining a duplicate of a subsisting operator’s licence that has been lost or destroyed or has become unreadable, or (ii) for the purpose of obtaining a replacement for an operator’s licence that is about to expire. Registration of vehicles 52(1) Except as otherwise permitted under this A ct, a person shall not do any of the following: (

a) operate a motor vehicle or trailer on a highway unless there is a subsisting certificate of registration issued in respect of that vehicle; (

b) knowingly operate a motor vehicle on a highway (

i) while the certificate of registration or permit issued under this A ct in respect of the motor vehicle is cancelled, or (ii) while the certificate of registration or permit issued under this A ct in respect of the motor vehicle is under suspension; (

c) operate a salvage motor vehicle on a highway unless there is a subsisting in-transit permit issued in respect of that vehicle; (

d) where the person has possession of or control over a motor vehicle or a trailer, permit another person to operate that motor vehicle or trailer on a highway unless there is a subsisting certificate of registration issued in respect of that vehicle; (

e) apply for, acquire or attempt to acquire the registration of a motor vehicle or trailer during any period when the registration of the vehicle or the certificate of registration is suspended or cancelled; (

f) apply for, acquire or attempt to acquire the registration of a motor vehicle or trailer in the name of 46

(

i) an applicant that purports to be a corporation if the corporation does not exist, or (ii) a corporation, incorporated otherwise than under the laws of Alberta, that (

A) is required to be but is not or has ceased to be licensed as an insurer under the Insurance Act, or (

B) is required to be but is not or has ceased to be registered under (

I) the Business Corporations Act, (II) the Companies Act, (III) the Loan and Trust Corporations Act, or (IV) the Co-operative Associations Act; (

g) use any certificate of registration that is in the name of a corporation that does not exist at the time the certificate of registration is used; (

h) unless the motor vehicle is an insured motor vehicle, (

i) apply for the registration of a motor vehicle, or (ii) obtain the registration of a motor vehicle. (2) Subsection (1)(h)(

i) does not apply to a person to whom a financial responsibility card has been issued pursuant to the Insurance Act by an insurer who has issued an owner’s policy outside of A lberta. Licence plates 53(1) Except as otherwise permitted under this A ct, a person shall not do any of the following: (

a) operate or park a motor vehicle or trailer on a highway unless the subsisting licence plate issued for that vehicle or that is otherwise permitted under this Act is displayed on that vehicle in accordance with the regulations; (

b) display on a motor vehicle or trailer a licence plate other than a licence plate issued or authorized for use on that vehicle; (

c) operate or park a motor vehicle or trailer on a highway with an expired licence plate displayed on it; 47

(

d) permit any licence plate issued to that person to be used in contravention of this Act.

(2) Every licence plate issued under this A ct or any Act that preceded this A ct remains the property of the Crown, and the person in possession of a licence plate shall return it to the Registrar when so requested by the Registrar. Insurance required 54(1) Except as otherwise permitted under this Act, a person shall not do any of the following: (

a) drive a motor vehicle on a highway unless the motor vehicle is an insured motor vehicle; (

b) have a motor vehicle on a highway unless the motor vehicle is an insured motor vehicle; (

c) where a person is the registered owner of a motor vehicle, permit another person (

i) to drive the motor vehicle on a highway, or (ii) to have the motor vehicle on a highway, unless the motor vehicle is an insured motor vehicle; (

d) give or lend a financial responsibility card or a copy of it to a person not entitled to have that financial responsibility card or copy.

(2) If the registration of a motor vehicle is suspended under this Act, the motor vehicle is still registered for the purposes of this section. (3) Subsection (1)(

a) and (

b) do not apply to a person to whom a financial responsibility card has been issued pursuant to the Insurance Act by an insurer who has issued an owner’s policy outside of A lberta.

(4) A person, other than a corporation, who contravenes subsection (1) or

section 52(1)(

h) or 167(8) is liable, (

a) for the first contravention that occurs, to a fine of not less than $2500 and not more than $10 000 and in default to imprisonment for a term of not less than 30 days and not more than 6 months, and (

b) for each subsequent contravention that occurs within one year from the day of the commission of the offence 48

referred to in clause (a), to imprisonment for a term of not less than 60 days and not more than 6 months.

(5) On the finding of guilt of a person, other than a corporation, of contravening subsection (1) or

section 52(1)(

h) or 167(8), the Registrar may disqualify the person from driving a motor vehicle in Alberta until that person provides to the Registrar proof of financial responsibility.

(6) A corporation that is guilty of contravening subsection (1) or

section 52(1)(

h) is liable (

a) for the first contravention, to a fine of not less than $5000 and not more than $20 000, and (

b) for any subsequent contravention, to a fine of not less than $7500 and not more than $25 000.

(7) The Registrar may cancel the certificate of registration in respect of every motor vehicle owned by a person who is found guilty of contravening subsection (1) or

section 52(1)(

h) or 167(8).

(8) Where the Registrar has cancelled a certificate of registration under this section, the Registrar shall not issue a new certificate of registration for that motor vehicle until the owner of the motor vehicle provides to the Registrar proof of financial responsibility. Information 55(1) The Registrar may require a person who applies for a motor vehicle document to provide such information and material and to meet such requirements that, in the opinion of the Registrar, are pertinent to determining whether that person is qualified to be issued the motor vehicle document.

(2) The Registrar may require a person who holds a motor vehicle document to provide such information and material and to meet such requirements that, in the opinion of the Registrar, are pertinent to determining whether that person continues to be qualified to hold the motor vehicle document. Refusal to grant or issue motor vehicle document 56 The Registrar may refuse to issue a motor vehicle document to a person if (

a) that person does not meet the requirements of this Act in order to be issued that motor vehicle document; (

b) that person is barred at law or under any enactment from holding or being issued that motor vehicle document; 49

(

c) the vehicle in respect of which the motor vehicle document is to be issued does not meet the requirements of this Act in order for that motor vehicle document to be issued in respect of that vehicle; (

d) the person applying for the issuance of the motor vehicle document fails to provide to the Registrar any information or material or meet any requirements that, in the opinion of the Registrar, are pertinent to determining whether the applicant or the applicant’s vehicle, as the case may be, meets the requirements under this Act for the issuance of the motor vehicle document. Restriction of services 57 Notwithstanding anything in this Act, where a person has not paid a fine or penalty levied against that person under (

a) this Act or a bylaw made under this A ct, (

b) any other enactment or bylaw as prescribed by regulation, or (

c) any law in another jurisdiction that in the opinion of the Registrar deals with matters in that jurisdiction that are similar in nature to matters dealt with under this Act, the Registrar may, (

d) in respect of that person, refuse to perform that function or service or to issue, renew or otherwise deal with any motor vehicle document or other document until the fine or penalty is paid, and (

e) if authorized by regulation, refuse to register a vehicle in the name of the new owner if the ownership of a registered vehicle passes directly or through intermediary owners from the person who has not paid the fine or penalty to a person described by regulation. Refusal of service re maintenance orders 58(1) In this section, “Director” means the Director of Maintenance Enforcement appointed under the Maintenance Enforcement Act.

(2) If the Director notifies the Registrar pursuant to

section 16.1(2) of the Maintenance Enforcement Act, the Registrar shall (

a) in respect of the debtor named in the notice, refuse to perform any function or service or to issue, renew or otherwise deal with any motor vehicle document or other document, and 50

(

b) refuse to register the vehicle in the name of a new owner if the ownership of a registered vehicle passes directly or through intermediary owners from a person who is a debtor under the maintenance order to a person described by the regulations, except as permitted by the Director under

section 16.1(3) of the Maintenance Enforcement Act, until the Director withdraws the notice or notifies the Registrar that the maintenance order has been withdrawn.

(3) If the Director notifies the Registrar pursuant to

section 16.1(2.1) of the Maintenance Enforcement Act, the Registrar must, as requested in the notice, cancel any operator’s licence issued to the debtor named in the notice.

(4) If the Director notifies the Registrar pursuant to

section 16.1(4.1) of the Maintenance Enforcement Act, the Registrar must, as requested in the notice, make any operator’s licence issued to the debtor named in the notice subject to any terms or conditions that the Director considers appropriate.

(5) A ny cancellation made under subsection (3) remains in effect, subject to

section 16.1(3.1) of the Maintenance Enforcement Act, until the Director gives a notice to the Registrar under

section 16.1(4) of the Maintenance Enforcement Act. Medical review committee 59 By agreement with The Board of Directors of the A lberta Medical A ssociation (C.M.A .—A lberta Division), the Minister may establish a medical review committee (

a) to act as an advisory committee to the Minister with respect to (

i) any matters concerning the health of persons that may have a bearing on the operation of motor vehicles, and (ii) any physical conditions that may constitute a hazard to the general public with respect to the operation of motor vehicles, (

b) to advise the Minister as to qualified physicians available for physical and mental examination of drivers and applicants for operator’s licences, and (

c) to act in any other capacity that may be required by the agreement with The Board of Directors of the A lberta Medical Association (C.M.A.—A lberta Division). 51

Exclusion of liability re medical matters 60 No liability accrues to a physician, optometrist or other health care provider by reason only that the physician, optometrist or other health care provider provides to the Registrar under this Act information respecting a person’s medical condition that may impair that person’s ability to operate a motor vehicle in a safe manner. Altered documents 61(1) In this section, “document” means (

a) a subsisting motor vehicle document; (

b) a subsisting licence issued under the Motor Vehicle Transport Act, 1 987 (Canada); (

c) a subsisting document that is a bill of lading, way-bill, shipping bill or customs permit or any other document that pertains to goods or passengers being transported by a commercial vehicle.

(2) A person shall not (

a) mutilate, deface, alter or falsify a document, (

b) have in that person’s possession a document that is mutilated, defaced, altered or falsified, or (

c) use or permit the use of a document that is mutilated, defaced, altered or falsified. Permits 62(1) Notwithstanding anything in this Act or a motor vehicle document, the Registrar may on receiving an application issue a permit doing one or more of the following: (

a) in the case of any vehicle, (

i) authorizing a person to operate on a highway a vehicle that is not registered in A lberta; (ii) authorizing a person to operate a vehicle on a highway when that vehicle or its load does not comply with dimensional requirements specified under this A ct; (iii) authorizing a person to operate a vehicle on a highway when that vehicle does not comply with the equipment standards applicable to that vehicle; (

b) in the case of a commercial vehicle, 52

(

i) authorizing a person to operate a vehicle in a manner or for a purpose not permitted under this Act or a motor vehicle document; (ii) exempting a vehicle or its operation from one or more requirements of this Act or a motor vehicle document; (iii) authorizing a person to operate a vehicle on a highway when the weight of the vehicle and any goods being carried by the vehicle exceeds the weight specified in the certificate of registration issued in respect of that vehicle; (iv) authorizing a person to operate a vehicle on a highway when the weight of the vehicle and any goods being carried by the vehicle exceeds the maximum allowable weight permitted under this Act for the vehicle.

(2) Where the Registrar issues a permit, the Registrar may, on the permit or in an appendix to the permit, set out any term or condition to which the permit is subject that the Registrar considers appropriate in the circumstances.

(3) Where the Registrar is of the opinion that a person to whom a permit is issued is not complying with or is contravening the terms or conditions of the permit, the Registrar may cancel the permit. Liens 63

(1) Where, under this Act, a vehicle, including any goods being carried by the vehicle, is seized, immobilized, detained, removed, transported or stored pursuant to the directions of a peace officer or the Registrar or a person authorized to act on behalf of a peace officer or the Registrar, all the costs of the seizure, immobilization, detention, removal, transportation and storage, or of any one or more of those functions, as the case may be, are a lien on the vehicle unless otherwise provided for under this A ct.

(2) A lien referred to in subsection (1) may be enforced and dealt with in a manner provided for by the regulations. Regulations 64 The Minister may make regulations (

a) governing (

i) any matter with respect to the classification of, the application for, the issuance of, the display of, the use of, the renewal of, the transfer of, the suspension of, the cancellation of, the reinstatement 53

of, the term of, the expiration of and the qualifications or conditions required to be met in order to be issued or to hold a motor vehicle document; (ii) any undertakings, terms or conditions that must be provided or otherwise complied with in order for a motor vehicle document to be issued or to remain in effect; (iii) the return or surrender of motor vehicle documents to the Registrar or a peace officer; (iv) any terms or conditions, including the prescribing of those terms or conditions, to which a motor vehicle document or the holder of a motor vehicle document is subject; (

v) where insurance is required in relation to a motor vehicle document or a motor vehicle, the obligations of the insurer respecting the expiration, suspension, cancellation or transfer of the motor vehicle document or the sale or transfer of ownership of a motor vehicle; (

b) governing any matter with respect to age, qualifications, examinations and testing of persons to drive or otherwise operate vehicles; (

c) governing any matter with respect to the operation of driving schools and driving courses and the teaching or instructing of persons to operate vehicles and the provision of insurance in respect of those matters; (

d) governing any matter with respect to the provision of documents, the reproduction of documents and the destruction of documents under this Act; (

e) respecting the notification to the Registrar by physicians and optometrists of any condition that a person has that may affect that person’s ability to operate a vehicle in a safe manner; (

f) governing any matter with respect to the provision of information to the Registrar with respect to insurance issued in respect of vehicles or any goods or passengers transported by vehicles; (

g) governing any matter with respect to the provision to the Registrar of information by the courts arising out of proceedings before the courts under 54

(

i) this A ct and any bylaw made under this Act, and (ii) the Criminal Code (Canada) with respect to matters arising out of the operation of vehicles; (

h) where a person’s motor vehicle document has been suspended or cancelled, (

i) governing the notice to be given of the suspension or cancellation; (ii) governing when the notice of the suspension or cancellation is deemed to have been received by the person to whom the notice is directed; (iii) governing when the suspension or cancellation takes effect; (iv) requiring that person to surrender or return the suspended or cancelled motor vehicle document to the court or the Registrar; (

v) governing the reinstatement or re-issue of a suspended or cancelled motor vehicle document; (

i) declaring a highway or any portion of a highway or place not to be a highway; (

j) providing for and governing the temporary closing of a highway; (

k) governing the seizure and the immobilization of vehicles under sections 172 and 173 and appeals under

section 40; (

l) governing the enforcement of any lien created under this Act; (

m) prescribing documents as motor vehicle documents; (

n) subject to sections 56, 57 and 58, governing the restriction of the provision of functions and services under this Act; (

o) for the purposes of

section 57, (

i) authorizing the Registrar to refuse to register a vehicle in the name of a new owner if the ownership of a registered vehicle passes directly or through intermediary owners from a person who has not paid a fine or penalty as described in

section 57 to a person or a person within a class of persons; 55

(ii) governing persons or classes of persons referred to in subclause (i); (

p) for the purposes of

section 58, (

i) authorizing the Registrar to refuse to register a vehicle in the name of a new owner if the ownership of a registered vehicle passes directly or through intermediary owners from a person who is a debtor under a notice given by the Director, as defined in

section 58, to the Registrar under

section 58(2) to a person or a person within a class of persons; (ii) governing persons or classes of persons referred to in subclause (i); (

q) prescribing and governing the classification of vehicles; (

r) governing alcohol-sensing devices and their installation, use and removal; (

s) governing forms and similar documents and their electronic versions used for the purposes of this A ct; (

t) designating locations as rest areas for users of highways and governing those rest areas; (

u) prescribing or otherwise providing for the establishment of fees to be charged in respect of (

i) motor vehicle documents and other documents; (ii) the providing of motor vehicle documents and other documents; (iii) the administering of tests and examinations; (iv) the provision of any service or function under this Act; (

v) the provision of any appeal, review or hearing under this Act. 56

Division 2 Vehicles, Equipment, Accidents and Removal of Vehicles Equipment standards 65(1) Except as otherwise permitted under this Act, a person shall not do any of the following: (

a) drive or operate a vehicle on a highway unless that vehicle complies with the vehicle and equipment standards set out in the regulations in respect of that vehicle; (

b) permit another person to drive or operate a vehicle on a highway unless that vehicle complies with the vehicle and equipment standards set out in the regulations in respect of that vehicle; (

c) where that person is the owner of a vehicle, drive or operate the vehicle on a highway unless the vehicle and its equipment are maintained (

i) in good working order, and (ii) in a condition that meets the requirements of this A ct; (

d) drive or operate a vehicle on a highway unless the vehicle and its equipment are used in a manner or as prescribed or provided for by regulation; (

e) sell or offer for sale in Alberta a new motor vehicle unless that motor vehicle meets the requirements of the Motor Vehicle Safety Act (Canada) and the regulations under that Act; (

f) sell or offer for sale in A lberta a new trailer unless that trailer meets the requirements of the Motor Vehicle Safety Act (Canada) and the regulations under that Act; (

g) sell or offer for sale in A lberta a new conversion unit unless the conversion unit meets the requirements of the Motor Vehicle Safety Act (Canada) and the regulations under that A ct; (

h) sell a used motor vehicle if that person is of a class described in the regulations or if that used motor vehicle is of a class or type described in the regulations unless (

i) the motor vehicle has passed the inspections and tests required by the regulations within the period of time preceding the sale prescribed by regulation and the person provides the buyer with an inspection 57

certificate for the motor vehicle in respect of those inspections and tests, or (ii) the person provides the buyer with a written statement containing the information prescribed by regulation respecting the motor vehicle; (

i) in the case of vehicles that may be on a highway, sell or offer for sale for use in or on those vehicles any equipment or other material or item used in respect of vehicles where that equipment, material or item does not comply with the standards or specifications set out in the regulations for that equipment, material or item; (

j) in the case of vehicles that may be on a highway, sell or offer for sale for use in or on those vehicles any equipment or other material or item used in respect of vehicles where the sale or the offering for sale of that equipment, material or item is prohibited by regulation.

(2) Where a person who is an employee or agent of a dealer of used motor vehicles contravenes subsection (1)(h), the dealer is also guilty of contravening this

section and is subject to the punishment set out in

section 158(2) unless the dealer proves to the satisfaction of the court that the dealer took all reasonable steps to ensure that the person would not contravene this section. Inspection of vehicles 66(1) A peace officer may, for the purposes of (

a) ensuring that a vehicle or its equipment, or both, (

i) are safe to operate, and (ii) meet the vehicle and equipment standards and requirements provided for under this Act, or (

b) determining whether the condition of a vehicle or its equipment contributed in any manner to an accident, do one or more of the following: (

c) direct that the vehicle or its equipment, or both, be subjected to an inspection, examination or test by the peace officer; (

d) direct that the vehicle or its equipment, or both, be subjected to an inspection, examination or test at a place and by a person specified by the peace officer; 58

(

e) direct that the vehicle or its equipment, or both, or any specific part of the vehicle or equipment be repaired; (

f) direct that the vehicle or its equipment, or both, be removed from the highway or from operation and that it not be returned to a highway or operation until the vehicle or its equipment, or both, have been, as the case may be, (

i) rendered safe to operate, (ii) repaired, serviced, altered or otherwise dealt with so that they meet the requirements of this Act, or (iii) repaired in accordance with the directions of the peace officer; (

g) direct that the directions given under this

section be complied with within a time period specified by the peace officer; (

h) direct that, after the directions given under this

section have been complied with, the vehicle or its equipment, or both, be reinspected by a peace officer at a time and place specified by the peace officer.

(2) A direction given under this

section must (

a) be in writing, and (

b) be served on the person to whom the direction is made.

(3) Notwithstanding subsection (2), a direction given under subsection (1)(

c) may be given orally if a peace officer inspects, examines or tests the vehicle and its equipment forthwith after the direction is given.

(4) If a driver or an owner of a vehicle is given a direction under subsection (1)(f), a peace officer may seize the licence plate and certificate of registration issued in respect of that vehicle and hold the licence plate and certificate of registration until the vehicle or its equipment, or both, have been, in accordance with the direction, (

a) rendered safe to operate; (

b) repaired, serviced, altered or otherwise dealt with so that they meet the requirements of this A ct; (

c) repaired in accordance with the directions of the peace officer.

(5) A person shall not do any of the following: 59

(

a) fail to comply with the directions given by a peace officer under this section; (

b) operate a vehicle on a highway in contravention of a direction given under subsection (1)(f); (

c) put a vehicle into operation in contravention of a direction given under subsection (1)(f). Review by Court 67(1) Where (

a) a person is given a direction under

section 66, a person’s vehicle is detained for the purposes of

section 66 or a person’s licence plate and certificate of registration are seized under

section 66, and (

b) the person disputes the direction, detention or seizure in whole or in part, the person may apply to the Court of Queen’s Bench for an order granting relief under subsection (6).

(2) Where (

a) a person fails to comply with a direction given under

section 66, or (

b) a person fails to permit a peace officer to carry out the peace officer’s powers or duties under

section 66, a peace officer may apply to the Court of Queen’s Bench for an order granting relief under subsection (6).

(3) An application under this

section must be by way of an originating notice.

(4) On the filing of an originating notice with the clerk of the Court of Queen’s Bench, the Court may, if it considers it necessary in the circumstances, hear an interim application on 2 days’ notice, or any shorter period of time that the Court may direct, and make an interim order granting such relief as the Court considers appropriate pending the determination of the application.

(5) An interim application under subsection (4) may be made ex parte if the Court considers it appropriate to do so in the circumstances.

(6) On hearing an application, the Court may do one or more of the following: 60

(

a) confirm, rescind or vary the direction of the peace officer; (

b) direct the person to comply with the direction of the peace officer; (

c) give those directions that the Court considers necessary to ensure compliance with the direction of the peace officer; (

d) direct that the seized licence plate and certificate of registration be returned; (

e) make the order subject to any terms or conditions that the Court considers appropriate in the circumstances; (

f) dismiss the application; (

g) award costs. Serially numbered vehicles and parts 68(1) In this section, “vehicle” means (

a) a motor vehicle; (

b) a trailer; (

c) any serially numbered part of a motor vehicle or trailer; (

d) any part or portion of a motor vehicle or trailer that is not a serially numbered part of a motor vehicle or trailer.

(2) Except as otherwise permitted under this A ct, a person shall not do any of the following: (

a) have possession of a vehicle that does not have either (

i) the manufacturer’s serial number or similar identifying mark, or (ii) a special identification number or mark authorized under this A ct where the manufacturer’s serial number or identifying mark has been removed, defaced, covered, altered or destroyed or become illegible; (

b) sell or offer for sale (

i) any portion of a vehicle, (ii) any portion of an engine of a vehicle, or (iii) any accessory for a vehicle, 61

that has been serially numbered by the manufacturer if the serial number has been removed, defaced, covered, altered or destroyed or become illegible. (3 ) This

section does not apply to the sale of retreaded or used tires. Duty of driver, etc. re accident 69(1) Where an accident in which a vehicle is involved occurs on a highway, the driver or other person in charge of any vehicle that was directly or indirectly involved in the accident shall (

a) remain at the scene of the accident or, if the person has left the scene of the accident, immediately return to the scene of the accident unless otherwise directed by a peace officer, (

b) render all reasonable assistance, and (

c) produce in writing to anyone sustaining loss or injury, to any peace officer and to any witness all or such of the following information as is requested: (

i) that person’s name and address; (ii) the number of that person’s operator’s licence; (iii) the name and address of the registered owner of the vehicle; (iv) the licence plate number of the vehicle; (

v) a financial responsibility card issued in respect of that vehicle.

(2) The driver of a vehicle that (

a) is involved in an accident with an unattended vehicle shall stop at the scene of the accident and shall forthwith or as soon thereafter as is practicable (

i) locate and notify the owner or person in charge of the unattended vehicle of the name and address of the driver, the number of the driver’s operator’s licence and the licence plate number of the vehicle that was involved in the accident with the unattended vehicle, or (ii) leave in a conspicuous place in or on the unattended vehicle a written notice giving the name and address of the driver, the number of the driver’s operator’s licence and the licence plate number of the vehicle 62

that was involved in the accident with the unattended vehicle, or (

b) is involved in an accident resulting in damage to property on or adjacent to a highway shall forthwith or as soon thereafter as is practicable take reasonable steps to locate and notify the owner or person in charge of the property of the fact and of the name and address of the driver, the number of the driver’s operator’s licence and the licence plate number of the vehicle.

(3) If the driver of a vehicle is incapable of providing the information required by subsection (1) or (2) and there is another occupant of the vehicle capable of providing the information, the occupant shall provide the information required to be provided by the driver.

(4) If the information has not been provided under subsection (1), (2) or (3) and the driver or occupant of the vehicle is not the owner of the vehicle, the owner shall forthwith on determining that that owner’s vehicle has been involved in an accident provide the information required under those subsections.

(5) If the driver of a vehicle is alone at the time of an accident, is the owner of the vehicle and is incapable of providing the information required by subsection (1) or (2), that person shall provide the information forthwith after becoming capable of doing so.

(6) When a vehicle that has been involved in an accident is damaged to the extent that it cannot be moved under its own power, the registered owner or the driver of the vehicle shall, after complying with subsection (1) or (2), forthwith make arrangements for the motor vehicle to be removed from the highway.

(7) Notwithstanding subsection (6), if the registered owner or the driver of the vehicle fails to make or is incapable of making arrangements to move the vehicle, a peace officer (

a) may make the arrangements to move the vehicle on the owner’s or driver’s behalf, and (

b) on making arrangements to move the vehicle, shall notify the registered owner of the vehicle of the disposition of the vehicle.

(8) If arrangements to move a vehicle have been made by a peace officer pursuant to subsection (7), the motor vehicle is deemed to be an abandoned motor vehicle. 63

Reports of peace officers re accidents 70 A peace officer shall, in the form and the manner prescribed by regulation, provide to the Registrar reports respecting accidents involving vehicles. Reports of drivers re accidents 71(1) A driver of a vehicle involved in an accident shall, in the form and manner prescribed by regulation, provide a report of the accident to (

a) a peace officer having jurisdiction where the accident occurred, or (

b) an employee of a police service having jurisdiction where the accident occurred who is authorized to receive those reports.

(2) If the driver is incapable of making the report required by subsection (1) and there is another occupant of the vehicle capable of making the report, the occupant shall make the report required to be made by the driver.

(3) If a report has not been made under subsection (1) or (2) and the driver or occupant is not the owner of the vehicle, the owner shall make the report forthwith after learning of the accident.

(4) If the driver is alone, is the owner of the vehicle and is incapable of making the report required by subsection (1), the driver shall make the report forthwith after becoming capable of making it. Place of offence re accident report 72 In a prosecution for failure to provide information as required under

section 69 or 126 or to make a report as required by

section 70 or 71 or to provide information under the regulations with respect to accidents, the place of an offence is the place where the accident occurred. Investigations of accidents re general safety enhancement 73(1) The Registrar may, for the purposes of analyzing and enhancing the safe use of highways, (

a) investigate all aspects of motor vehicle accidents with a view to compiling comparative statistics on the causes of accidents, and (

b) make recommendations, based on those investigations, for increased road safety.

(2) For the purposes of carrying out the functions provided for under subsection (1), the Registrar 64

(

a) may, in writing, require from any insurer any or all of the following with respect to any accident: (

i) copies of statements made by any person in connection with the accident; (ii) copies of reports made by the insurer’s investigators into the reasons for or causes of the accident and the conclusion of the insurer on the liability of the persons involved; (iii) details of any money paid by an insurer in respect of property damage; (

b) may interview (

i) the drivers involved in the accident, (ii) any witness to the accident, and (iii) any other person who may be able to give information, whether directly relevant or not, that will assist in determining the reasons for or causes of the accident, and with the consent of the persons interviewed may take statements in writing.

(3) In the interests of obtaining full and true information concerning an accident, any file, document or paper kept by the Registrar or any person who carries out any function under this

section on behalf of the Registrar that deals with the accident, including all matters incidental to it, and that has come into existence through anything done pursuant to this

section (

a) shall not be disclosed to any person except as permitted under this Act, (

b) shall not be used in any court proceedings, and (

c) shall not be used for any purposes other than the purposes stated in subsection (1).

(4) Neither the Registrar nor any person who carries out functions under this

section on behalf of the Registrar shall disclose or be compelled to disclose any information obtained by the Registrar or that person in the course of the performance of any duties under this section.

(5) No cause of action lies against any person by reason of the disclosure, for the purposes of this section, of any document or 65

information to the Registrar or to any person who carries out functions under this

section on behalf of the Registrar.

(6) Notwithstanding anything in this section, a person shall not be compelled to disclose any information if the disclosure will prejudice that person. Testing and inspection of motor vehicles in accidents 74(1) When any motor vehicle is directly or indirectly involved in an accident, the Registrar may (

a) request a peace officer to remove the motor vehicle or cause the motor vehicle to be removed from the place where the accident occurred, and (

b) specify to the peace officer the place to which the motor vehicle is to be taken, for the purposes of testing and inspecting the vehicle.

(2) If, for the purposes of this section, a motor vehicle (

a) is towed and stored at a place agreed on by the owner and the Registrar, the owner shall pay the costs of towing and storage; (

b) is towed and stored at a place not agreed on by the owner and the Registrar, the Crown shall pay the costs of towing and storage; (

c) is towed without the consent of the owner but stored at a place to which the owner consents, the Crown shall pay the costs of towing and the owner shall pay the costs of storage; (

d) is towed with the consent of the owner but stored at a place without the owner’s consent, the owner shall pay the costs of towing and the Crown shall pay the costs of storage.

(3) On completion of the testing and inspection, if the owner of the motor vehicle wishes to have repairs carried out at a place other than the place at which the motor vehicle was tested and inspected, the Crown shall pay the reasonable costs of towing to the place specified by the owner.

(4) The Registrar is entitled to retain the motor vehicle for testing and inspection for 21 days from the day of the accident, but after 21 days the Registrar shall release it to the owner on the owner’s request. 66

(5) Unless the motor vehicle is irreparable, the Minister shall, in an amount that the Minister considers just, compensate a person who does not have the use of that person’s motor vehicle as a result of any testing or inspection carried out under this section.

(6) Notwithstanding that a motor vehicle has been taken for testing and inspection, the owner or a person authorized by the owner may enter the premises where it is kept during normal working hours and inspect the motor vehicle. Motor vehicle surveys 75 The Minister may authorize persons to conduct surveys on any highway under the Minister’s direction, control and management, and during the course of conducting a survey the person so authorized may stop motor vehicles for the purpose of questioning the occupants with respect to the survey. Prohibitions re abandoning vehicles 76(1) Except as otherwise permitted under this Act, a person shall not (

a) abandon a vehicle on a highway, or (

b) abandon a vehicle on public or private property without the consent of the owner or person in possession or control of the property.

(2) A vehicle that is (

a) left standing on a highway for more than 72 consecutive hours, unless otherwise provided for in a bylaw in the case of a highway under the direction, control and management of the council of a municipality, or (

b) left standing on public or private property for more than 72 consecutive hours without the consent of the owner or person in possession or control of the property, is deemed to have been abandoned at that location. Removal of vehicles 77(1) A peace officer may cause any vehicle to be removed and taken to and stored in a suitable place when the vehicle (

a) is abandoned under

section 76; (

b) is left unattended on a highway in a manner that obstructs the normal movement of traffic; (

c) is parked on any highway in contravention of this Act or a bylaw; 67

(

d) is parked on a highway in a manner that prevents access by fire-fighting equipment to a fire hydrant; (

e) is not displaying a subsisting licence plate or a permit; (

f) is parked on private property without the consent of the owner of the property or on a highway in a manner that obstructs any private driveway; (

g) is left unattended on a highway and, in the opinion of a peace officer, the vehicle, its contents or any goods being carried by the vehicle are liable to be stolen or tampered with; (

h) is situated unattended at a location or in a condition so that, in the opinion of the peace officer, it constitutes a present or potential hazard to persons or property; (

i) is seized under

section 172 or 173.

(2) When the Registrar, a peace officer or another person authorized by the Registrar believes on reasonable and probable grounds that a vehicle referred to in subsection (1) is worthless, that person may, subject to the regulations, cause the vehicle to be moved to a nuisance ground, salvage yard or municipal dump for disposal or to be otherwise dealt with under the regulations.

Forcible entry of vehicles, etc. 78 When a vehicle is to be removed or stored under this Act, the person authorized to remove or store the vehicle, or that person’s agent, may forcibly unlock or open a door of the vehicle or otherwise gain access into or on a vehicle and do those other things that are reasonably required to facilitate the removal or storage of the vehicle, its contents and any goods being carried by the vehicle. Exclusion from liability 79 Where a person sells, disposes of, deals with or otherwise handles a vehicle, its contents and any goods being carried by the vehicle, or any of them, under

section 77 or 78 or the regulations, no liability attaches to that person with respect to that sale, disposition, dealing or handling carried out in respect of that vehicle or those contents or goods. Sale and rental of vehicles 80 Except as otherwise permitted under this A ct, a person shall not do any of the following: (

a) hire or let for hire a motor vehicle unless the person by whom the motor vehicle is to be driven is authorized under this A ct to drive the motor vehicle; 68

(

b) sell a motor cycle to a person who is under the age of 16 years, other than a motor cycle that (

i) is an off-highway vehicle, and (ii) does not meet the specifications under the regulations to operate on a highway; (

c) purchase a motor cycle for or on behalf of a person who is under the age of 16 years, other than a motor cycle that (

i) is an off-highway vehicle, and (ii) does not meet the specifications under the regulations to operate on a highway. Regulations 81 The Minister may make regulations (

a) governing any matter with respect to (

i) the construction, modification and configuration of vehicles; (ii) the construction, modification and configuration of any equipment or other material or items used in respect of or in connection with vehicles; (iii) the use of and the installation and removal of any equipment or other material or items used in respect of or in connection with vehicles; (iv) the standards to be met by vehicles; (

v) the standards to be met by any equipment or other material or items installed or used in respect of or in connection with vehicles; (

b) governing any matter with respect to the testing and inspection of and the repair of vehicles and any equipment or other material or items used in respect of or in connection with vehicles; (

c) governing (

i) the reporting, removal and storage of vehicles, the contents of vehicles and the goods carried by vehicles (

A) that have been seized or removed under this Act, or 69

(

B) that are abandoned, (ii) the returning of any vehicles, contents and goods referred to in subclause (i), (iii) the disposal of any vehicles, contents and goods referred to in subclause (i), the passage of title of those vehicles, contents and goods and the distribution of funds arising from the disposal of those vehicles, contents and goods, (iv) the expenses incurred arising out of any matter referred to in this clause, and (

v) the liability for the expenses referred to in subclause (iv); (

d) governing, subject to sections 11, 69 to 71 and 126, any matter with respect to the provision of information and the making of reports in respect of accidents; (

e) requiring and governing the provision to the Registrar of supplemental information in respect of accidents; (

f) governing any matter with respect to the reporting, acquisition and disposal of salvage in respect of vehicles and parts of vehicles; (

g) describing a vehicle as a salvage motor vehicle and governing salvage vehicles and the information to be provided in respect of salvage vehicles; (

h) respecting the sale of used vehicles and the standards to be met by those vehicles; (

i) governing identification numbers and marks with respect to vehicles and any part or portion of a vehicle.

PART 4 DISQUALIFICATION FROM DRIVING Division 1 Disqualifications Arising from Offences Operator’s licence suspended 82 When a person is disqualified from driving a motor vehicle in A lberta, (

a) that person’s operator’s licence, if that person holds a subsisting operator’s licence, is suspended, and 70

(

b) that person is disqualified from holding an operator’s licence, during the time that the person is disqualified from driving. Disqualifi- cation for impaired driving 83(1) When a person is found guilty under

section 253 or 254 of the Criminal Code (Canada) anywhere in Canada, that person on being found guilty becomes disqualified from driving a motor vehicle for a period of one year from the day of the finding of guilt.

(2) Notwithstanding subsection (1), if a person (

a) is found guilty under

section 253 or 254 of the Criminal Code (Canada) anywhere in Canada, and (

b) has, in the preceding 10 years, been found guilty of an offence under

section 253 or 254 of the Criminal Code (Canada) anywhere in Canada, that person on being found guilty of the offence referred to in clause (

a) becomes disqualified from driving a motor vehicle in A lberta for a period of 3 years from the day of the finding of guilt.

(3) Notwithstanding anything in this section, when a person (

a) is found guilty under

section 253 or 254 of the Criminal Code (Canada) anywhere in Canada, and (

b) has, in the preceding 10 years, been found guilty of (i) 2 offences under

section 253 or 254 of the Criminal Code (Canada), or (ii) one offence under

section 253 of the Criminal Code (Canada) and one offence under

section 254 of the Criminal Code (Canada) anywhere in Canada, unless those 2 offences arose out of the same incident, that person on being found guilty of the offence referred to in clause (

a) becomes disqualified from driving a motor vehicle in A lberta for a period of 5 years from the day of the finding of guilt.

(4) When a person who holds an operator’s licence is found guilty under

section 253 or 254 of the Criminal Code (Canada), the court hearing the case shall forward the operator’s licence of that person to the Registrar. 71

(5) If a person is found guilty of 2 or more offences under

section 253 or 254 of the Criminal Code (Canada) anywhere in Canada and the offences arose out of the same incident, (

a) the findings of guilt for those offences shall, for the purposes of subsections (2)(

b) and (3)(b), be considered to constitute only one finding of guilt, which shall be considered to have occurred on the day of the earliest finding of guilt respecting those offences, and (

b) for the purposes of subsection (1), the period of disqualification shall be one year and shall run from the day of the earliest finding of guilt respecting those offences.

(6) For the purposes of subsections (2) and (3), a finding of guilt for an offence (

a) under

section 234 or 236 of the Criminal Code (Canada) as it read immediately prior to December 4, 1985 is deemed to be a finding of guilt for an offence under

section 237 of the Criminal Code (Canada) as it read immediately after December 3, 1985, and (

b) under

section 234.1 or 235 of the Criminal Code (Canada) as it read immediately prior to December 4, 1985 is deemed to be a finding of guilt for an offence under

section 238 of the Criminal Code (Canada) as it read immediately after December 3, 1985.

(7) For the purposes of subsections (2) and (3), a finding of guilt for an offence (

a) under

section 237 of the Criminal Code (Canada) as it read immediately prior to December 12, 1988 is deemed to be

Document details

Collection	Alberta — Bills
Citation	L24 S3 899
Type	bill
Volume / chapter	L24 S3 899
Language	en
Format	json
Source	PROVINCIAL
Identifier	0f76c4be6d286bfd5fd00ac7fc0b427b7033aed8

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