Bill 72 — A Bill To Amend the Vehicles and Highway Tl-Affic Act (Legislature 15, Session 2)

L15 S2 1512

Alberta — Bills

ft ,No. 72 2nd Session, 15th Legislature, Alberta 13 Elizabeth II BILL 72 A Bill to amend The Vehicles and Highway Tl-affic Act HON. MR. TAYLOR Printed by L. S. WALL, Printer to the Queen's Most Excellent Majesty, Edmonton, Alberta, 1965

Explanatory Note I. This Bill amends

chapter 356 of the Revised Statutes. 2. Authority to exempt from registration

Section 13 presently reads: 13. Where the owner of a motor vehicle resident outside Qf the PrQvince has complied with the laws o-f his place -of residence with respect to the registration and licensing of the motor vehicle, then if the motor vehicle (

a) is carrying displayed thereon the registration numiber plates for the current year assigned under those laws to that motor vehicle, and (

b) is brought into the Province for temporary use therein for the purpose of touring for pleasure for a period not exceeddng three months, the motor vehicle shall be deemed to be registered pursuant to the prQvisions Qf this Act.

Section 16, subsections (7) and (10) presently read:

(7) An application for an operator's licence from any person of the full age of sixteen years and under the age of eighteen years shall be signed ,by the applicant and (

a) by the parent or guardian of the applicant, or (

b) where the avpilicant is self-supporting and is unable to obtain the signature of his parent or guardian, by the chief of police or the senior municipal officer of the municipality In which the ap plicant resides.

(10) An operator's licence of a learner's category shall be stated to entitle and entitles the licensee to drive a motor vehicle of the type specified while the licensee is accompanied by the holder of an operator's licence issued pursuant to

section 5, and who tis sitting immediately beside him and engaged in teaching the licensee to drive or engaged in conducting a driver's examination of the licensee, and

section 90 does not apply in respect of the ilicensee in such circumstances. Subsection (6) had been repealed in 1960 by

section 6 of

chapter 112.

BILL No. 72 of 1965

An Act to amend The Vehicles and Highway Traffic Act (Assented to , 1965) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta. enacts as follows: 1. The Vehicles and Highway Traffic Act is hereby amended.

Section 5 is amended by renumbering the

section as subsediion (1) and by adding the following subsection:

(2) The Lieutenant Governor in C.ouncil may exempt any vehicle or class .of vehicles fr.om registration under this Act. 3. Secti.on 13 is amended by striking .out the word "motor" wherever it occurs. 4. Secti.on 16 is amended (

a) by striking out subsection (7) and by substituting the following:

(6) No operator's licence shall be issued to any person under the age .of eighteen years (

a) unless the application is also signed by a parent or guardian of the applicant, .or (

b) where the person is self-supporting and is unable to obtain the signature of a parent or guardian, unless he proves to the satisfaction of the Minister that he is self-supporting and un able t.o obtain such consent, or (

c) unless he proves to the sa tisfaction of the Minister that he is a married person.

(7) Where a person who is under the age of eighteen years has obtained an operator's licence as authorized 'by subsection

(6) Section 17b, sUbsection (1) presently reads: 17b.

(1) Where the operator's licence of any person is suspended by or under this Act o.r by any o.rder o.r judgment made under this Act, then notwithstanding that the period o.f such suspension has eXipire,d the 1icen~e remains suspended until such time as the person has satIsfied the Minister, by examination or otherwise, of his physical or o.ther co.mpetency to d~ive a mo.tor vehicle without endangering the safety of the general public. 6. A reference to learner's permits is removed as they are no longer issued under the Act.

Section 19, subsection (1), clause (

b) presently reads: 19.

(1) When a person who is the holder of an operator's licence is convicted of an offence (

b) under

Part III or for violating

section 65, 66, 66a, 67, 71, 72, 73, 74 or 75, or clause (

a) of subsection (6) o.r clause (

a) o.fsubsectio.n (7) of sectio.n 75a, or subsection (2), (3), (4) or (5) of

section 76, or

section 77 or 79, o.r clause (

a) o.r (

b) o.f subsectio.n (5) of

section 80, o.r

section 81, or subsection (2) of

section 83, or

section 92 or 135, he shall upon convictio.n forthwith deliver his licence to. the judge, magistrate or justice of the peace making the conviction.

Section 20 which provides for the 'automatic suspension of an operator's licence on convictions under sections 222 and 223 of the Criminal Code is revised for clarity. 2

(

a) if the parent or guardian, in writing, with draws his consent, or (

b) if proof is produced, satisfactory to the Min ister, that the person was not self-supporting or was not married, the Minister shaH suspend or cancel the operator's licence and shall not reinstate it or issue a new licence to that person until the person attains the age of eighteen years or until a new application complying with subsection (6) is made. (

b) as to subsection (10) by striking out the words "the holder of an operator's licence issued pursuant to

section 5," and by substituting the words "a person who holds an operator's licence valid for the operation of the vehicle being used,".

Section 17b is amended by striking out subsection (1) and by substituting the following: 17b.

(1) Where by or under this Act or by any order or judgment made under this or any other Act (

a) the operator's licence of a person is suspended, or (

b) a person is disqualified from holding an operator's licence, then, notwithstanding that the period of suspension or disqualification has expired, the licence remains suspended or the disqualification remains in effect, as the case may be, until such time as the person satisfies the Minister, by ex amination or otherwise, of his physical or other competency to drive a motor vehicle without endangering the safety of the general public.

Section 18a is amended by striking out the words "or learner's permit". '1.

Section 19, subsection (1), clause (

b) is amended (

a) by adding after the words "or

section 81," the words "or

section 81a,", (

b) by adding after the words "lor

section 92" the figures ", '97".

Section 20 is struck out and the follow,ing is sub stituted: 20.

(1) Where a person is convicted under the Criminal Code anywhere in Canada of driving or of having the care or control of a motor vehicle while intoxicated or under the influence of a narcotic drug, 2

(

a) when the convicted person is the holder of an operator's l,icence, his licence is thereupon sus pended (1) for a period of twelve months from the date of his conviction, or (ii) if an order prohibiting him from driving a motor vehicle on the highway in Canada is made as a result of the conwction, for the period driving is prohibited, whichever is the longer period, or (

b) when the convicted person is not the holder of an operator's licence. he is thereupon disqu~lified from holding an operator's licence ('

i) for a pedod of twelve months from the date of his conviction, or (ii) if an order prohibiting him from driving a motor vehicle on the highway in Canada is made as a result of the conviction, for the period driving is prohibited, whichever is the longer period.

(2) Where a person is convicted under the Criminal Code anywhere in Canada of driving a motor vehicle or of having the care or control of a motor vehicle while his ability to drive a motor vehicle is impaired by alcohol or a drug (

a) when the convicted person is the holder of an operator's licence, his licence ~s thereupon sus pended,or (

b) when the convic,ted person is not the holder of an operator's licence, he is thereupon disqualified from holding an operator's licence, for the following period of time: (

c) in the case of a first conviction for that offence for a per,iod of six months from the date of the conviction or, if an order prohibiting him from driving a motor vehicle on the highway in Canada is made. as a result of the conviction, for the period driving is prohibited, whichever is the longer period; or (

d) in the case of a second or subsequent conviction for that offence within five years of a previous con viction for that offence, for a period of one year from the date of the ,latest conviction, or, if an order prohibiting h~m from driving a motor vehicle on the highway in Canada is made as a result of the latest conviction, for the period driving is pro hibited, whichever is the longer period; or (

e) in the case of a conviction for that offence when he has within five years of the conviction been convicted under the Criminal Code, anywhere in Canada, of driving or of having care or control of a 3

4 9. Sections 24 and 25 presently read: 24.

(1) Every person who engages in the business of manufacturer of motor vehicles or a dealer in motor vehicles, whether new lOr secondhand, shrull comply with the regulations governing the registration and opera tion of such motor vehicles.

(2) The number plates issued to manufadurers and dealers shall bear a word, letter or other device sufficient to distinguish them from number plates issued to other persons.

(3) The fee required by the Minister on the issue of such number plates may be of a fixed amount or may vary with the number of number plates issued to the manufacturer or dealer.

(4) The number plates issued pursuant to the provisions of this

section are valid only in respect of one place of business, but where a dealer has more than one place of business in the same municipality, such places shall, for the purposes of this section, be considered as one place of business. " . . 25. No person shrull attach to any motor vehicle any number plate Issued pursuant to the provisions of sectiQn 24 nor shall any person use lOr operate any motor vehicle to which any number plate sO' issued is attached, except a vehicle (

a) that is kept by him for sale and not for hire, or (

b) that is used in his business of a manufacturer Qf mQtor vehicles or a dealer therein for the promotion of sales of such motor vehicles and that is not used to convey freight.

motor vehicle while intoxicated or under the in fluence of a narcotic drug, for the same period as is provided in clause (d) ; and where a second or subsequent conviction for that offence is five years or more after the preceding conviction for that offence it shall, for the purposes of this section, be deemed to be a first conviction.

(3) Notwithstanding subsection (1) ,or (2), in the case of a first conviction of having the care or control of a 'moto,r vehicle while intoxicated or under the influence of a narcotic drug or while impaired by alcohol or a drug (

a) if the person conv,icted has not, at any time before, been convicted anywhere in eanada of the same or any other offence under

section 222 or 223 of the Criminal Code, and (

b) if the person convicted produces proof satisfactory to the ,convicting judge, magistrate or justice that he was not actually driving the motor vehicle at the time of the offence, the judge, magistrate or justice may, in his discretion, make an order reducing the period of suspension or dis qualification provided by subsection (1) or (2), as the case may be, to any period not less than three months.

(4) When a person who holds an operator's licence is convicted under the Criminal Code (

a) of driving or having the care or control of a motor vehicle while intoxicated or under the influence of a narcotic drug, or (

b) of driving or having the ,care or control of a motor vehicle while his abHity to drive a motor vehicle is impaired by alcohol or a drug, the convicting judge, magistrate or justice shall forward the operator's licence of that person to the Minister. 9. Sections 24 and 25 ,are struck out and the f.ol1owing sec tions are substituted: 124.

(1) The Lieutenant Governor in Counci,l may make regulations governing the registration and operation of motor vehicles kept for sale by manufacturers of motor vehicles and dealers in motor vehicles, w he1iher new or secondhand.

(2) The number plates issued for use on motor vehicles kept for sale by manufacturers or dealers shall bear a word, letter or other device sufficient to distinguish them from number plates ,issued for other motor vehicles.

(3) Number plates may be issued pursuant to this

section to manufacturers of and dealers in motor vehicles and to persons engaged in the business of servicing motor vehicles kept for sale by manufacturers and dealers. 4

Section 56 presently reads: 56.

(1) Every motor vehIcle shaU carry a mIrror securely attached to it and placed dn a position that will afford the driver a clear view of the roadway in the rear, and of any vehicle approaching from the rear.

(2) In any case where the view afforded by any such mirror 1s ob structed or Interfered with by a trailer attached to the motor vehicle or otherwise, a sIde rear vision mirror or other mirror shall Ibe attached to the motor vehicle and pllaced in a position that will afford the driver a clear vIew of the roadway in the rear and of any vehicle approaching from the rear. I I.

Section 61, subsection (2) presently reads:

(2) Where a person drives a vehicle at such a slow rate of speed that he impedes or blocks the normal and reasonable movement of traffic then existing, a peace officer may requIre him to increase his rate of speed or to- remove the vehicle from the highway.

Section 62, subsection (2), clause (

c) pres'ently reads:

(2) Where required to do so for the purpose of carrying out his duties as a peace offd.cer, a peace officer may, notwithstanding subsection (1), (0) drive a motor vehicle contrary to any me of the road prescriibed by this Act or a municipal by-law, if in the interest of law enforcement it is nooessary, and in the circumstance, safe to do so. 5

(4) Number plates issued pursuant to this

section are valid for only one place of business but where the person to whom any plates are issued has more than one place of busi ness in the same municipality, such places shall, for the purpose of this subsection, be considered one place of business.

(5) The fee required by the Minister on the issue of number plates under this

section may be of a fixed amount or may vary with the number of number plates issued to the person. 25.

(1) No person shall attach a number plate issued pur suant to

section 24 to any vehicle (

a) except a motor vehicle kept for sale, and not for hire, by a manufacturer or dealer, or (

b) except a motor vehicle used by a manufacturer or dealer for the promotion of sales of such motor vehicles, and that is not used to convey freight.

(2) No person shall use or operate on a highway a motor vehicle to which a number plate is attached contrary to subsection (1).

Section 56 is amended by striking out subsection (2) and by substituting the following:

(2) Where the view afforded by the m,irror required under subsection (1) is obstructed or interfered with by a trailer attached to the motor vehicle or otherwise, aside rear vision mirror shall be attached to each side of the motor vehicle towing the trailer placed in such a position as to afford the driver a clear view of the roadway to the rear and to each side of the vehicle being towed.

Section 61, subsection (2) is amended by adding at the end thereof the words "and if that person fails to obey the order of the peace officer he is guilty of an offence".

Section 62 is amended (

a) as to subsection (2), clause (

c) by adding after the word "drive" the words "and park", (

b) by adding the following subsection:

(3) Where required to do so for the purpose of carrying out his duties as a member of a fire brigade, a fireman may drive or park a motor vehicle contrary to any rule of the road prescribed by this Act or a municipal by-law, if in the interest of fire fighting it is necessary, and in the circum stances, safe to do so. 5

Section 67, subsection (1), clause (

i) presently reads: 67.

(1) When a highway has been divided into traffic lanes (

i) a driver overtaking another vehicle (

i) that is travelling in the same direction, (ii) that is travelling in the centre traffic llane or in the traffic lane nearest the centre of the highway, and (iii) that has signalled its intention to turn left, may pass the other vehicle and in passing shall keep hIs vehicle to the right of the other vehiole,

Section 70, subsection (1) reads: 70.

(1) No person shall park or leave standing any vehicle, whether attended or unattended, upon the travelled portion of a highway outside of a city, town or village, when it is practicable to park or leave the vehicle off the travelled highway, and in no event shall any person park or leave standing any vehicle, whether attended or unattended, upon the highway unless a clear and unobstructed width opposite the vehicle is left for free passage of other vehicles thereon, and unless a clear view of the parked or standing vehicle may be obtained for a distance of two hundred feet 3!long the highway in both directions.

Section 74, subsection (2) reads:

(2) The driver of a vehicle upon a highway before turning to the left from a direct line shall (

a) first determine that the movement can be made in safety, and (.

b) signal his intention to make the movement in such manner that the signal is plainly visible to the driver of any other vehicle that may be affected by the movement. The subject matter of this provision is dealt with in sections 67 (1) (c), 71 and 74 (3). 6 16. Backing up.

Section 80, subsection (8) presently reads: (8) Subsections (4), (5) and (6) do not apply to railway crossings within a city, town or village.

Section 81, subsection (1) presently reads: 81.

(1) Where an accident occurs on a highway, every person who was in charge of a ve~~c1e and was directly or indirectly a party to the accident shall, offer to give to anyone sustaining loss or injury and upon request shall give to anyone sustaining loss or injury, to any person at the scene of the accident and to any peace officer, his name and address the name and address of the registered owner of the vehicle, the number of the d!"ive!"'s operator's licence, and the registration number of the vehicle.

Section 67, subsection (1), clause (

i) is amended by adding after the words "and in passing" the words "or in attempting to pass".

Section 70 is amended (

a) by adding the following subsection after subsection (3) : (3a) Subsection (1) does not prohibit the driver of an Alberta Government Telephones vehicle from parking or standing the vehicle upon the travelled portion of a highway when it is advisable or neces sary to do so for the purpose of the construction, repair, maintenance or inspection of telecommunica tion facilities adjacent to the highway. (

b) by adding the following subsection after subsection (6) :

(7) No person shall open the door of a motor vehicle on the side available to moving traffic un less it is reasonably safe to do so, nor shall any person leave a door open on the side of a vehicle available to moving traffic.

Section 74 is amended by striking out subsection (2).

Section 76 is amended by adding the following sub sections:

(7) No person shall back up a mortor vehicle unless the movement can be made in safety or without interfering with other traffic on the highway.

(8) Notwithstanding anything in this or any other Act, the Minister may, by order, close any highway, designate one-way traffic over any highway, or deal with a highway in any manner that in the opinion of the Minister will pro vide for the safety of the travelling pUblic.

Section 80, subsection (8) is amended by striking out the words ", town or village".

Section 81 iis amended by striking out subsection (1) and by substituting the following: 6

Section 81c, subsection (1) pres'ently reads: 81c.

(1) Where a motor vehicle that shows evidence of h~ving been involved in an accident required to be reported under secbon 81a, or having been struck by.a bullet, is brought into a gara&"e or repruirshop for repair, the person In charge of the garage or repaIr shOD shall not commence tbe repairs, (

a) unless a notice in the form prescr~bed by the regulations has been affixed to the motor vehicle by the local police authority, or (

b) if no notice is affixed to the motor vehicle, until he has been authorized in writing by the local police authority to do so.

Section 81d, subsection (2), presently reads:

(2) Where a person or insurance company has Daid or may be lia.ble to pay for damages resulting from an accident in which a motor vehicle is involved, the person and insurance company and any solicitor, agent or other representative of the verson or company, may be given such information as may app~ear in any report made under

section 81a, 81b or 81c in respect of (

a) the date, time and place of the accident, (

b) the identification of vehicles involved in the accident, (

c) the name and address of any parties to, or involved in, the accident, (

d) the names and addresses of witnesses to tl1e accident, (

e) the names and addresses of versons or bodies to' whom the report was made, (

f) the name and address of any police officer who investigated the accident, (

g) the location of the road upon which the accident occurred the direction oi travel of the vehiC'les involved, the weather' and highway conditions at the time of the accident, (

h) the estimate of damages sustained by any person involved in the acciden t, and (1) the classification of the accident, any diagram made with re spect to the accident and the fact of any visit to the scene of the accident.

Section 86 presently reads: 86. Where a person produces to a peace officer an operator's certificate that is illegible or defaced or treated contrary to

section 85 the peace officer shall give the person a reasonable time to produce a ~ep~acement certificate issued by the registrar. 7

(1) When an accident occurs on a highway, the operator or other person in charge of a vehicle that was directly or indirectly involved in the accident (

a) shall remain at or immediately return to the scene of the accident, and (

b) shall render all reasonable assistance, and (

c) shall produce in writing to anyone sustaining loss or inj ury or to any peace officer or to a witness (

i) his name and address, and (ii) the name and address of the registered owner of the vehicle, and (iii) the number of the operator's licence, and (iv) the registration number of the motor vehicle, or such of that information as is requested.

Section 81e is amended by striking out subsection (1) and by substituting the following: 81e.

(1) No person shall commence the repairs on a motor vehicle that shows evidence of having been involved in an accident required to be reported under

section 81a or having been struck by a bullet (

a) unless a notice in the form prescribed by the regula tions has been affixed to the motor vehicle by the locall police authority, or (

b) if no notice is affixed to the motor vehicle, until he has been authorized in writing by the local police authority to do so.

Section 81d, subsection (2) is amended by adding after the words "may be given" the words "by the Minister".

Section 86 is amended (

a) by striking out the words OI'operator's certificate" and by substituting the words "operator's licence or a certificate of registration", (

b) by adding after the word "replacement" the words "licence 'Or". 7

Section 87a, subsection (1) reads: 87a.

(1) No person shall drive upon a highway a vehicle that is equipped with a device capable of det~cting ~adar .or such. otller electr.onic equipment as may be used from time to time for measurmg the speed of vehicles.

Section 94 reads: 94. No person under the age .of sixteen years shall dl1ive any scooter or power bicyole unless the motor of such vehicle is so adjusted or governed that it is unable to attain a speed in excess of thirty miles per hour.

Section 100 reads: 100. No person shall use or be in possession of an operator's licence belonging to any other person or of an operator'.s licence that is fictitious or that has been cancelled or suspended, nor shall any person who hotlds an operator's licence permit any other person to use or be in possession of such licence.

Section 111 presently reads: 111. Any 12eace officer may at any time stop and inspect .or cause to be inspected any equipment on a vehicle on a highway and may, if such equipment or any part thereof does not conform with the provisions of this Act or the regulations, require the dr,iver or owner thereof t.o have the equipment made to comply therewith, and the driver or owner thereof shall forthwith proceed to compily with the Act or the regulations.

Section 87a is amended by adding the following sub section:

(3) Where a peace officer apprehends a person operating a motor vehicle contrary to subsection (1), the peace officer may seize the device or equipment and it is forfeited to the Crown.

Section 94 is amended by renumbering the

section as subsection (1) and by adding the following subsection:

(2) No person under the age of sixteen years shall operate or be permitted to operate a scooter or power bicycle unless he is wearing a safety helmet.

(3) No person under the age of sixteen years shall ride as a passenger on a scooter or power bicycle unless he is wearing a safety helmet.

Section 100 is amended by renumbering the

section as subsection (1) and by adding the following subsection:

(2) No person shall have in his possession more than one operator's licence. 25. ISection 111 is struck out and the following

section is substituted: 111.

(1) A peace officer may require the operator of a motor vehicle to submit the motor vehicle, together with its equipment and the trailer, if any, attached thereto, to ex amination and tests to ensure that the motor vehicle is fit and safe for transportation.

(2) If the vehicle, equipment or trailer is found to be unfit or unsafe for transportation or dangerous to passeng ers or the public, the peace officer making the examination or test (

a) may require the operator of the vehicle to have the vehicle, equipment or trailer rendered fit and safe for transportation, and (

b) may order that the vehicle or trailer be removed from the highway until the vehicle, equipment or trailer has been rendered fit and safe for trans portation.

(3) An operator (

a) who fails to comply with a requirement of subsec tion (1) or (2), or (

b) who in contravention of an order under sUbsection (2) operates a vehicle, equipment or trailer on a highway before it has been rendered fit and safe for transportation, is guilty of an offence. 8

Section 115 presently reads: 115. Every person called upon by a peace officer to assist a peace officer in the arrf~st of a person suspected of having committed any of the offences mentioned in

section 114 is justified in so doing if he knows that the person calling on him for assistance is a peace officer.and does not know that there are no reasonable grounds for the suspicion.

Section 127a, subsection (2) presently reads:

(2) In any prosecution under this Act or the regulations or under The Public Service Vehicles Act or the regulations under that Act, a certifi cate purporting to be signed by a tester appointed under subsection (1) and bearing date thereon not more than thirty days before or after the date of the offence charged and stating therein the result of the test of the speedometer on the motor vehicle mentioned tnerein, is admissible in evidence without proof of the signature or appointment of the tester, as prima facie proof of the facts stated in the certificate. 28. Service of notice of suspension.

Section 133 presently reads: 133. Except as otherwise provided herein. any person violating any of the provisions of this Act or the regulations is guilty of an offence and liable on

summary conviction (

a) for a first offence to a fine of not more than fifty dollars, (

b) for a second offence to a fine of not more than one hundred dollars, and (

c) for a third or subsequent offence to a fine of not more than two nundred dollars.

Section 134, clause (

b) reads: 134. A person who, on the demand of a peace officer, (

h) fails to produce the certificate of registration of a motor vehicle as required by

section 110, is guilty of an offence and liable on

summary conviction to a fine of not more than five dollars.

Section 137 presently reads: 137. ~Vtry ,person who. operates any vehicle on any highway without complYIng WIth the requirements of

Part II as to equipment and every person ~y whose permission any vehicle is so operated, is iunty of an offence In respect of each and every requirement he does not comply Wit};}. . 32. A teacher must be qualified to drive the vehicle being used In teaching or he is guilty of an offence. 9

Section 115 is amended by striking out the words "and does not kn'Ow that there are no reasonable grounds for the suspicion".

Section 127a, subsecti'On (2) is amended by adding after the word:s "The Public Service Vehicles Act or the regula'tions under that Act" the words "or under a municipal by-law". 28. The f'Ollowing

section is added after

section 127b: 127 c. A notice of suspensi'On of his operator's licence shall be deemed to be sufficiently served 'On a person if it is sent by registered mail to the person at his last known address as shown by the records of the registrar. 29. Secti'On 133 is struck out and the following is sub stituted: 133. Except as 'Otherwise pr'Ovided herein, any person violating any of the provisions 'Of this Act or the regulations is guilty of an 'Offence and liable 'On

summary conviction (

a) f'Or a first offence to a fine of not more than one hundred dollars, (

b) for a second offence to a fine 'Of not more than two hundred d'OHars, and (

c) for a third 'Or subsequent offence to a fine of not more than five hundred dollars.

Section 134 is amended (

a) by adding the word "or" at the end of clause (b), (

b) by adding the following clause after clause (b) : (

c) fails to produce a replacement licence or cer tificate as required by

section 86,

Section 137 is amended (

a) by striking out the words "the requirements" and by substituting the words "any requirement", (

b) by striking out the words '~in respect of each and every requirement he does not comply with".

Section 139 is amended (

a) by adding the following subsecti'On after subsecti'On (1a) : (1b) In a prosecution for a contravention of sub

section (la) the onus is 'On the accused to show that he holds a subsisting operator's licence. 9

Section 141 presently reads: 141. Whenever any person who is temporarily within the Province and licensed to drive by the law of the place of which he is a resident is convicted of an offence against any of the provisions of this Act, the judge, magistrate or justice of the peace making the conviction, shaH endorse on such person's licence to drive the particulars of the con viction, and may by order prohibit such person from driving in the Province either permanently or for such period as may be stated in the order and endorsed on the licence.

Section 150, subsection (4) presently reads:

(4) At least ten days before the date of the cancellation or expiry of a motor vehicle liability policy for which a certificate has been issued, the insurer named in the policy shall notify the Minister of the intended cancellation or expiry of the policy and, in the absence off the notice, the poUcy shall be deemed to remain in full force and effect.

Section 151, subsection (2) presently reads:

(2) Every such licence and registration remains suspended and shall not at any time thereafter be renewed. nor shall any new operator's licence be issued to, or new registration be vermitted to be made by the person liable, until (

a) the judgment is satisfied or discharged, otherwise than by a discharge in bankruptcy, to the extent of at least thirty-five thousand dollars, exC'lusive of interest and costs, (

b) such person gives proof of his financial responsibility.

Section 152, subsection (6) presently reads:

(6) Where a person has been convicted for any of the offences referred to in clauses (

a) to (

J) of subsection (1), the convicting judge, magistrate o~ justice of the peace shall forward the operator's licence of the con vIcted person to the Minister.

Section 163, subsection (1) presently reads: 163.

(1) The Minister upon request may, in his discretion, furnish to any insurer, surety or other person a certified abstract of the operating record of any person who is subject to the provisions of this Part, and ~he abstract shall fully designate the motor vehicles, if any, registered m the name of such person, and the record of any conviction oif such person. for a violation of any provision of any statute relating to the ?p.eratlOn of motor vehicles or any judgment against such person for any m~u:y or damage caused by him, according to the records of the ~mlster, and if there is no record of any such conviction or judgment m the office of the Minister, the Minister shall so certify. 38.

Commencement of Act. 10

(

b) by adding the following subsection after subsection (3) :

(4) A person (

a) who is engaged in teaching someone to drive, and (

b) who does not hold an operator's licence valid for the operation of the vehicle being used by the person he is teaching to drive, is guilty of an offence and liable on

summary con viction to a fine of not more than one hundred dollars and in default of payment to a term of im prisonment not exceeding thirty days. 33. Bection 141 is amended by striking out the words "of this Act" and by substituting the words "mentioned in sub section (1) of

section 19".

Section 150, subsection (4) is amended by adding at the end thereof the words "unless the certificate has been in effect for a continuous period of three years".

Section 151, subsection (2) is amended by adding at the end of clause (

a) the word "and".

Section 152, subsection (6) is amended by strilcing out the words "clauses (

a) to (j)" and by substituting the words "clauses (

a) to (k)".

Section 163 is amended by striking out subsection (1) and by substituting the following: 163.

(1) Upon request, the Minister may, in his dis cretion, furnish to an insurer or surety a certified abstract of the ·operating record of any person covering the five year period immediately preceding the request or such greater period as the Minister, in his discretion allows. 38. This Act comes into force on the first day of July, 1965. 10

No. 72 SECOND SESSION FIFTEENTH LEGISLATURE 13 ELIZABET'H II 1965 BILL

An Act to amend The Vehicles and Highway Traffic Act Received and read the First time ....................................... . Second time ....................................... . Third time ......................................... . HON. MR. TAYLOR Title: 1965 (15th, 2nd) Bill 72,

An Act to amend The Vehicles and Highway Traffic Act

Document details

Collection	Alberta — Bills
Citation	L15 S2 1512
Type	bill
Volume / chapter	L15 S2 1512
Language	en
Format	json
Source	PROVINCIAL
Identifier	0f88282ded363b1db6fd42c738b376d772aefedd

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