Bill 1905 — An Act To Amend the Highway Traffic Act (49th General Assembly, 1st Session)
Bill 1905
Newfoundland and Labrador — Bills
First
Session, 49th General Assembly
Elizabeth II, 2019
BILL 5
AN ACT TO AMEND THE
HIGHWAY TRAFFIC ACT
Received
and Read the First Time . ............... ..... ............... ..................
November 4, 2019
Second
Reading .......... .................... .. ..... ................................................ Noveber 14, 2019
Committee ............... ................................................ Amendments
1 ,
- November 14, 2019
Third Reading ........................... ............................................................ November 18, 2019
Royal
Assent ........................................................................................ December 6, 2019
HONOURABLE SHERRY
GAMBIN-WALSH
Minister of Service
Newfoundland and Labrador
Ordered to be printed by
the Honourable House of Assembly
EXPLANATORY NOTES
This Bill would amend the Highway Traffic Act to
correct inconsistencies between
sections of the Act and the
Schedule to the Act;
reorder the impaired driving
sections of the Act to improve readability;
authorize the use of image
capturing enforcement systems; and
move penalties listed in
section 175 of the Act to the
Schedule to the Act.
A BILL
AN ACT TO AMEND THE HIGHWAY TRAFFIC ACT
Analysis
S.2 Amdt.
Definitions
S.43 Amdt.
Driver's licence
Ss.60.001 to 60.9 R&S
60.1 Request for surrender of driver's licence at
roadside
60.2
Periods of suspension
60.3 Periods of suspension commercial vehicle or
taxi
60.4 Periods of suspension driver under 22 and not
a novice driver
60.5 Periods of suspension novice driver
60.6 Legal use of drug for medical purpose
60.7
Suspensions generally
60.8 Surrender of driver's licence required
60.9 Progressively
increased suspensions
60.10 Removal of
vehicle
60.11 Screening
accompanying driver
60.12 Appeal of 90 day
suspension
60.13
Oral hearings
60.14
Decision of registrar
60.15
Appeals generally
4. S.75 Amdt.
Uninsured vehicle
S.175 Amdt.
Inspector may weigh vehicle
Part V.1 Added
PART V.1
IMAGE CAPTURING ENFORCEMENT SYSTEMS
177.1 Image
capturing enforcement system
177.2 Image capturing enforcement system evidence
177.3
Testers
177.4 Offences
7. S.186 Amdt.
Regulations
S.210 Amdt.
Liability of owner for penalties
Sch. Amdt.
Be it enacted by the Lieutenant-Governor and
House of Assembly in Legislative Session convened, as follows:
RSNL1990 cH-3
as amended
Section 2 of the Highway Traffic Act is amended by adding immediately after
paragraph (bb.1) the following:
(bb.2) "image capturing enforcement system"
means an image capturing enforcement system as defined in the regulations;
2. Subsections 43(4) to (7) of the Act are
repealed and the following substituted:
(4) A person who drives a motor vehicle without a
driver's licence in violation of paragraph (1)(
b) is guilty of an offence.
(4.1) Where a third or subsequent conviction has
been entered against a person under subsection (4) for failure to comply with
paragraph (1)(b), that person is liable to
(
a) a fine set out in the Schedule;
(
b) imprisonment for a term of not more than 30
days; or
(
c) both a fine and imprisonment.
(5) A person who drives a motor vehicle without a
driver's licence in violation of paragraph (1)(
a) or (
c) is guilty of an offence.
(5.1) Where
(
a) a second conviction has been entered against a
person under subsection (5) for failure to comply with paragraph (1)(
a) or (
c) within 2 years of the first conviction, that person is liable to
(
i) a fine set out in the Schedule,
(ii) imprisonment for a term of not more than 30
days, or
(iii) both a fine and imprisonment; and
(
b) a third or subsequent conviction has been
entered against a person under subsection (5) for failure to comply with paragraph
(1)(
a) or (
c) within 5 years of the first conviction, that person is liable to
(
i) a fine set out in the Schedule,
(ii) imprisonment for a term of not less than 31
days and not more than 6 months, or
(iii) both a fine and imprisonment.
(6) A person who drives a motor vehicle in
violation of subsection (2) is guilty of an offence.
(6.1) Where
(
a) a second conviction has been entered against a
person under subsection (6) for failure to comply with subsection (2) within 2
years of the first conviction, that person is liable to
(
i) a fine set out in the Schedule,
(ii) imprisonment for a term of not more than 30
days, or
(iii) both a fine and imprisonment; and
(
b) a third or subsequent conviction has been
entered against a person under subsection (6) for failure to comply with subsection
(2) within 5 years of the first conviction, that person is liable to
(
i) a fine set out in the Schedule,
(ii) imprisonment for a term of not less than 31
days and not more than 6 months, or
(iii) both a fine and imprisonment.
(7) Where a judge imposes sentences of
imprisonment under 2 or more of the following provisions:
(a) paragraph (5.1)(a);
(b) paragraph (5.1)(b);
(c) paragraph (6.1)(a);
(d) paragraph (6.1)(b);
(e) paragraph 75(5.1)(a); or
(f) paragraph 75(5.1)(b),
the judge may, in his or her discretion,
direct that the sentences be served consecutively.
3. Sections 60.001 to 60.9 of the Act are repealed
and the following substituted:
Request for surrender
of driver's licence at roadside
60.1
(1) A
peace officer shall request a driver or person who has care or control of a
motor vehicle to surrender his or her driver's licence where one or more of the
following apply:
(
a) upon demand of a peace officer made under
section 320.27 or 320.28 of the Criminal
Code the driver or person who has care or control of a motor vehicle fails
or refuses to comply with the demand;
(
b) a peace officer has reasonable grounds to believe
that the ability of the driver or person who has care or control of a motor
vehicle to operate a motor vehicle is impaired by a drug or a combination of a drug
and alcohol;
(
c) upon demand of a peace officer made under
section 320.27 or 320.28 of the Criminal Code
(
i) driver of a commercial motor vehicle or taxi,
(ii) person who has care or control of a commercial
motor vehicle or taxi,
(iii) driver of a motor vehicle who is under 22
years of age and not a novice driver,
(iv) person who has care or control of a motor
vehicle who is under 22 years of age and not a novice driver,
(
v) novice driver of a motor vehicle, or
(vi) novice driver who has care or control of a
motor vehicle
provides a sample of a bodily substance
which, on analysis by approved drug screening equipment as defined in
section
320.11 of the Criminal Code ,
indicates the presence of a drug in his or her body as prescribed by the regulations;
(
d) upon demand of a peace officer made under
section 320.27 or 320.28 of the Criminal
Code , the driver or person who has care or control of a motor vehicle
provides a sample of his or her breath which, on analysis by an approved screening
device as defined in
section 320.11 of the Criminal
Code , indicates that the proportion of alcohol in his or her blood is
(
i) greater than 0 milligrams of alcohol in 100
millilitres of blood where the driver or person who has care or control of a
motor vehicle is
(
A) a novice driver of a motor vehicle,
(
B) a novice driver who has care or control of a
motor vehicle,
(
C) a driver of a motor vehicle who is under 22 years
of age, or
(
D) a person who has care or control of a motor
vehicle who is under 22 years of age, or
(ii) 50 milligrams or more of alcohol in 100 millilitres
of blood, where the driver or person who has care or control of a motor vehicle
is 22 years of age or older and not a novice driver;
(
e) upon demand of a peace officer made under
section 320.27 or 320.28 of the Criminal
Code , the driver or person who has care or control of a motor vehicle
provides a sample of his or her breath which, on analysis by an approved instrument
as defined in
section 320.11 of the Criminal
Code , indicates that the proportion of alcohol in his or her blood is
(
i) greater than 0 milligrams of alcohol in 100
millilitres of blood where the driver or person who has care or control of a
motor vehicle is
(
A) a novice driver of a motor vehicle,
(
B) a novice driver who has care or control of a
motor vehicle,
(
C) a driver of a motor vehicle who is under 22
years of age, or
(
D) a person who has care or control of a motor
vehicle who is under 22 years of age, or
(ii) 50 milligrams or more of alcohol in 100 millilitres
of blood, where the driver or person who has care or control of a motor vehicle
is 22 years of age or older and not a novice driver.
(2) Upon a request being made under subsection
(1), the driver or person who has care or control of a motor vehicle shall
immediately surrender his or her driver's licence to the peace officer.
(3) Where an analysis of the breath of a person
is made under paragraph (1)(
d) and it indicates that the proportion of alcohol
in that person's blood is an amount referred to in that paragraph, the peace
officer who made the demand under subsection (1) shall advise the person of his
or her right to a further analysis under subsection (4).
(4) Where an analysis of the breath of a person is
made under paragraph (1)(
d) and it indicates that the proportion of alcohol in that
person's blood is an amount referred to in that paragraph, the person may
require that a further analysis be performed in the manner provided in
paragraph (1)(e), in which case the result obtained on the second analysis
governs and a revocation and suspension resulting from an analysis under
paragraph (1)(
d) continues or terminates accordingly.
(5) It shall be presumed, in the absence of
evidence to the contrary, that
(
a) approved drug screening equipment issued for
the purpose of paragraph (1)(
c) has been calibrated to correctly indicate the
proportion of drugs in a person's body; and
(
b) a screening device issued for the purpose of
paragraph (1)(
d) has been calibrated to correctly indicate the proportion of alcohol
in a person's blood.
Periods of suspension
60.2
(1) Upon
a request being made under paragraph 60.1(1)(a), the driver's licence or driving privileges of the
driver or person who has care or control of a motor vehicle are suspended for a
period of
(a) 7 days from the time the request is made; and
(b) 90 days beginning on the fourteenth day after
the expiry of the 7 day suspension,
where he or she fails or refuses to comply
with a demand under
section 320.27 or 320.28 of the Criminal Code .
(2) Upon a request being made under paragraph
60.1(1)(b), the driver's licence or driving privileges of the driver or person
who has care or control of a motor vehicle are suspended for a period of 7 days
from the time the request is made where the peace officer has reasonable
grounds to believe that the ability of the driver or the person who has care or
control of a motor vehicle is impaired by a drug, or a combination of a drug
and alcohol.
(3) Upon a request being made under paragraph
60.1(1)(
d) or (
e) or
section 60.8, the driver's licence or driving privileges of
the driver or person who has care or control of a motor vehicle are suspended
for a period of 7 days from the time the request is made under paragraph
60.1(1)(
d) or (
e) where the analysis under paragraph 60.1(1)(
d) or (
e) indicates that the proportion of alcohol in his or her blood is 50 milligrams
or more of alcohol in 100 millilitres of blood.
(4) Upon a request being made under paragraph
60.1(1)(
d) or (
e) or
section 60.8, the driver's licence or driving privileges
of the driver or person who has care or control of a motor vehicle are suspended
for a period of 90 days beginning on the fourteenth day following the expiry of
the period of suspension under subsection (3) where the analysis under
paragraph 60.1(1)(
d) or (
e) indicates that the proportion of alcohol in his or
her blood is 80 milligrams or more of alcohol in 100 millilitres of blood.
(5) Where, upon demand of a peace officer made
under
section 320.27 or 320.28 of the Criminal
Code , a driver or person who has care or control of a motor vehicle
provides a sample of a bodily substance which on analysis indicates that the
proportion of a drug, or a combination of a drug and alcohol, in his or her
body or blood at the time the sample was given met or exceeded the proportion
of that drug or the combination of that drug and alcohol prescribed by the
regulations, his or her driver's licence or driving privileges are suspended
for a period of 90 days beginning on the fourteenth day following his or her
receipt of a copy of the certificate of analysis.
(6) Where, upon demand of a peace officer under
section 320.27 or 320.28 of the Criminal
Code , a driver or a person who has care or control of a motor vehicle
provides a sample of his or her blood which on analysis indicates that the
proportion of alcohol in his or her blood at the time the sample was given was
50 milligrams or more of alcohol in 100 millilitres of blood, his or her
driver's licence or driving privileges are suspended for a period of 7
days beginning on the fourteenth day following his or her receipt of a copy of
the certificate of analysis.
(7) Where, upon the demand of a peace officer
under
section 320.27 or 320.28 of the Criminal Code , a driver or person
who has care or control of a motor vehicle provides a sample of his or her
blood which on analysis indicates that the proportion of alcohol in his or her
blood at the time the sample was given was 80 milligrams or more of alcohol in
100 millilitres of blood, his or her driver's licence or driving privileges are
suspended for a period of 90 days beginning on the fourteenth day following the
expiry of the period of suspension under subsection (6).
(8) A suspension under this
section applies whether
or not the driver or person who has care or control of a motor vehicle
surrenders his or her driver's licence to the peace officer.
(9) This
section does not apply to the following
persons:
(
a) a driver of a commercial motor vehicle or
taxi;
(
b) a person who has care or control of a
commercial motor vehicle or taxi;
(
c) a driver of a motor vehicle who is under 22
years of age and not a novice driver;
(
d) a person who has care or control of a motor
vehicle who is under 22 years of age and not a novice driver;
(
e) a novice driver of a motor vehicle;
(
f) a novice driver who has care or control of a
motor vehicle; or
(
g) an accompanying driver.
Periods of suspension
commercial vehicle or taxi
60.3
(1) Upon
a request being made under paragraph 60.1(1)(a), the driver's licence or
driving privileges of the driver or person who has care or control of a
commercial motor vehicle or taxi are suspended for a period of
(a) 7 days from the time the request is made; and
(b) 90 days beginning on the fourteenth day after
the expiry of the 7 day suspension,
where he or she fails or refuses to comply
with a demand made under
section 320.27 or 320.28 of the Criminal Code .
(2) Upon a request being made under paragraph
60.1(1)(b), the driver's licence or
driving privileges of the driver or person who has care or control of a
commercial motor vehicle or taxi are suspended for a period of 7 days from the
time the request is made where the peace officer has reasonable grounds to
believe that the ability of the driver or person who has care or control of a
commercial motor vehicle or taxi is impaired by a drug, or a combination of a
drug and alcohol.
(3) Upon a request being made under paragraph
60.1(1)(c), the driver's licence or driving privileges of the driver or person
who has care or control of a commercial motor vehicle or taxi are suspended for
a period of 7 days from the time the request is made where the presence of a
drug is indicated as prescribed by the regulations.
(4) Upon a request being made under paragraph
60.1(1)(
d) or (
e) or
section 60.8, the driver's licence or driving privileges of
the driver or person who has care or control of a commercial motor vehicle or
taxi are suspended for a period of 7 days from the time the request is made
where the analysis under paragraph 60.1(1)(
d) or (
e) indicates that the
proportion of alcohol in his or her blood is 50 milligrams or more of alcohol
in 100 millilitres of blood.
(5) Upon a request being made under paragraph
60.1(1)(
d) or (
e) or
section 60.8, the driver's licence or driving privileges
of the driver or person who has care or control of a commercial motor vehicle or
taxi are suspended for a period of 90 days beginning on the fourteenth day following
the expiry of the period of suspension
under subsection (4) where the analysis under paragraph 60.1(1)(
d) or (
e) indicates that the proportion of alcohol in his or her blood is 80 milligrams
or more of alcohol in 100 millilitres of blood.
(6) Where, upon demand of a peace officer made
under
section 320.27 or 320.28 of the Criminal
Code , a driver or person who has care or control of a commercial motor
vehicle or taxi provides a sample of a bodily substance which on analysis indicates
that the proportion of a drug, or a combination of a drug and alcohol, in his
or her body or blood at the time the sample was given met or exceeded the
proportion of that drug or the combination of that drug and alcohol prescribed
by the regulations, his or her driver's licence or driving privileges are suspended
for a period of 90 days beginning on the fourteenth day following his or her
receipt of a copy of the certificate of analysis.
(7) Where, upon demand of a peace officer under
section 320.27 or 320.28 of the Criminal
Code , a driver or person who has care or control of a commercial motor
vehicle or taxi provides a sample of his or her blood which on analysis
indicates that the proportion of alcohol in his or her blood at the time the
sample was given was 50 milligrams or more of alcohol in 100 millilitres of
blood, his or her driver's licence or driving privileges are suspended
for a period of 7 days beginning on the fourteenth day following his or her
receipt of a copy of the certificate of analysis.
(8) Where, upon the demand of a peace officer
under
section 320.27 or 320.28 of the Criminal Code , a driver or person
who has care or control of a commercial motor vehicle or taxi provides a sample
of his or her blood which on analysis indicates that the proportion of alcohol
in his or her blood at the time the sample was given was 80 milligrams or more
of alcohol in 100 millilitres of blood, his or her driver's licence or driving
privileges are suspended for a period of 90 days beginning on the fourteenth
day following the expiry of the period of suspension under subsection (7).
(9) A suspension under this
section applies whether
or not the driver or person who has care or control of a commercial motor
vehicle or taxi surrenders his or her driver's licence to the peace officer.
Periods of suspension
driver under 22 and not a novice driver
60.4
(1) Upon
a request being made under paragraph 60.1(1)(a), the driver's licence or
driving privileges of the driver or person who has care or control of a motor vehicle
who is under 22 years of age and not a novice driver are suspended for a period
(a) 7 days from the time the request is made; and
(b) 90 days beginning on the fourteenth day after
the expiry of the 7 day suspension,
where he or she fails or refuses to comply
with a demand under
section 320.27 or 320.28 of the Criminal Code .
(2) Upon a request being made under paragraph
60.1(1)(b), the driver's licence or driving privileges of the driver or person
who has care or control of a motor vehicle who is under 22 years of age and not
a novice driver are suspended for a period of 7 days from the time the request
is made where the peace officer has reasonable grounds to believe that the
ability of the driver or person who has care or control of a motor vehicle who
is under 22 years of age and not a novice driver is impaired by a drug, or a
combination of a drug and alcohol.
(3) Upon a request being made under paragraph
60.1(1)(c), the driver's licence or driving privileges of the driver or person
who has care or control of a motor vehicle who is under 22 years of age and not
a novice driver are suspended for a period of 7 days from the time the request
is made where the presence of a drug is indicated as prescribed by the regulations.
(4) Upon a request being made under paragraph
60.1(1)(
d) or (
e) or
section 60.8, the driver's licence or driving privileges of
the driver or person who has care or control of a motor vehicle who is under 22
years of age and not a novice driver are suspended for a period of 7 days from
the time the request is made where the analysis under paragraph 60.1(1)(
d) or
(
e) indicates that the proportion of alcohol in his or her blood is greater
than 0 milligrams of alcohol in 100 millilitres of blood.
(5) Upon a request being made under paragraph
60.1(1)(
d) or (
e) or
section 60.8, the driver's licence or driving privileges
of the driver or person who has care or control of a motor vehicle who is under
22 years of age and not a novice driver are suspended for a period of 90 days beginning on the
fourteenth day following the expiry of the period of suspension under
subsection (4) where the analysis under paragraph 60.1(1)(
d) or (
e) indicates
that the proportion of alcohol in his or her blood is 80 milligrams or more of
alcohol in 100 millilitres of blood.
(6) Where, upon demand of a peace officer made
under
section 320.27 or 320.28 of the Criminal
Code , a driver or person who has care or control of a motor vehicle who is
under 22 years of age and not a novice driver provides a sample of a bodily
substance which on analysis indicates that the proportion of a drug, or a
combination of a drug and alcohol, in his or her body or blood at the time the
sample was given met or exceeded the proportion of that drug or the combination
of that drug and alcohol prescribed by the regulations, his or her driver's
licence or driving privileges are suspended for a period of 90 days beginning
on the fourteenth day following his or her receipt of a copy of the certificate
of analysis.
(7) Where, upon demand of a peace officer under
section 320.27 or 320.28 of the Criminal
Code , a driver or a person who has care or control of a motor vehicle who
is under 22 years of age and not a novice driver provides a sample of his or
her blood which on analysis indicates that the proportion of alcohol in his or
her blood at the time the sample was given was greater than 0 milligrams of
alcohol in 100 millilitres of blood, his or her driver's licence or driving
privileges are suspended for a period of 7 days beginning on the fourteenth day
following his or her receipt of a copy of the certificate of analysis.
(8) Where, upon the demand of a peace officer
under
section 320.27 or 320.28 of the Criminal Code , a driver or person
who has care or control of a motor vehicle who is under 22 years of age and not
a novice driver provides a sample of his or her blood which on analysis
indicates that the proportion of alcohol in his or her blood at the time the
sample was given was 80 milligrams or more of alcohol in 100 millilitres of
blood, his or her driver's licence or driving privileges are suspended for a
period of 90 days beginning on the fourteenth day following the expiry of the
period of suspension under subsection (7).
(9) A suspension under this
section applies whether
or not the driver or person who has care or control of a motor vehicle who is under
22 years of age and not a novice driver surrenders his or her driver's licence
to the peace officer.
Periods of suspension
novice driver
60.5
(1) Upon
a request being made under paragraph 60.1(1)(a), the driver's licence or
driving privileges of the novice driver or novice driver who has care or
control of a motor vehicle are suspended for a period of 90 days from the time
the request is made where he or she fails or refuses to comply with a demand
made under
section 320.27 or 320.28 of the Criminal
Code .
(2) Upon a request being made under subsection
60.1(1)(b), the driver's licence or driving privileges of the novice driver or
novice driver who has care or control of a motor vehicle are suspended for a period
(a) 2 months for the first occasion upon which a
request is made;
(b) 4 months for the second occasion upon which a
request is made; and
(c) 6 months for a subsequent occasion upon which
a request is made,
where the peace officer has reasonable
grounds to believe that the ability of the novice driver or novice driver who
has care or control of a motor vehicle is impaired by a drug, or a combination
of a drug and alcohol.
(3) Upon a request being made under paragraph
60.1(1)(c), the driver's licence or driving privileges of the novice driver or
novice driver who has care or control of a motor vehicle are suspended for the
period set out in paragraph (2)(a), (
b) or (c), whichever is applicable, from
the time the request is made where the presence of a drug is indicated as
prescribed by the regulations.
(4) Upon a request being made under paragraph
60.1(1)(
d) or (e), the driver's licence or driving privileges of the novice driver
or novice driver who has care or control of a motor vehicle are suspended for the
period set out in paragraph (2)(a), (
b) or (c), whichever is applicable, from
the time the request is made under paragraph 60.1(1)(
d) or (
e) where the
analysis under paragraph 60.1(1)(
d) or (
e) indicates that the proportion of alcohol
in his or her blood is greater than 0 milligrams of alcohol in 100 millilitres
of blood.
(5) Upon a request being made under paragraph
60.1(1)(
d) or (e), the driver's licence or driving privileges of the novice driver
or novice driver who has care or control of a motor vehicle are, notwithstanding
subsection (4), suspended for a period of 90 days from the time the request is
made where the analysis under paragraph 60.1(1)(
d) or (
e) indicates that the proportion
of alcohol in his or her blood is 80 milligrams or more of alcohol in 100
millilitres of blood.
(6) Where, upon demand of a peace officer made
under
section 320.27 or 320.28 of the Criminal
Code , a novice driver or novice driver who has care or control of a motor
vehicle provides a sample of a bodily substance which on analysis indicates
that the proportion of a drug, or a combination of a drug and alcohol, in his
or her body or blood at the time the sample was given met or exceeded the
proportion of that drug or the combination of that drug and alcohol prescribed
by the regulations, his or her driver's licence or driving privileges are suspended
for a period of 90 days beginning on the fourteenth day following his or her
receipt of a copy of the certificate of analysis .
(7) Where, upon demand of a peace officer under
section 320.27 or 320.28 of the Criminal
Code , a novice driver or a novice driver who has care or control of a motor
vehicle provides a sample of his or her blood which on analysis indicates that
the proportion of alcohol in his or her blood at the time the sample was given
was greater than 0 milligrams of alcohol in 100 millilitres of blood, his or
her driver's licence or driving privileges are suspended for the period
set out in (2)(a), (
b) or (c), whichever is applicable, beginning on the
fourteenth day following his or her receipt of a copy of the certificate of
analysis.
(8) Where upon the demand of a peace officer under
section 320.27 or 320.28 of the Criminal Code a novice driver or novice
driver who has care or control of a motor vehicle provides a sample of his or
her blood which on analysis indicates that the proportion of alcohol in his or
her blood at the time the sample was given was 80 milligrams or more of alcohol
in 100 millilitres of blood, his or her driver's licence or driving privileges
are suspended for a period of 90 days beginning on the fourteenth day following
the expiry of the period of suspension under subsection (7).
(9) Following the expiry of a suspension under
this section, a novice driver or novice driver who has care or control of a
motor vehicle may apply to the registrar to have his or her driver's licence
reinstated beginning at the start of the level and class of driver's licence
held by him or her at the time when his or her driver's licence was suspended
subject to a fee and in accordance with conditions and requirements which the
registrar may impose upon the licence.
(10) A suspension under this
section applies whether
or not the novice driver or novice driver who has care or control of a motor vehicle
surrenders his or her driver's licence to the peace officer.
Legal use of drug
for medical purpose
60.6 Where
a peace officer requests the surrender of the driver's licence under paragraphs
60.1(1)(a), (
b) or (
c) from a
(
a) driver of a commercial motor vehicle or taxi;
(
b) person who has care or control of a commercial
motor vehicle or taxi;
(
c) driver of a motor vehicle who is under 22
years of age and not a novice driver;
(
d) person who has care or control of a motor
vehicle who is under 22 years of age and not a novice driver;
(
e) novice driver of a motor vehicle; or
(
f) novice driver who has care or control of a
motor vehicle
and the peace officer is satisfied that
the person is legally authorized to use a drug for medical purposes, paragraph
60.1(1)(
c) does not apply to the person solely on the basis of the presence of
that drug.
Suspensions generally
60.7
(1) A
7 day suspension shall be served concurrently with a prior unexpired
suspension.
(2) A 90 day suspension shall be served concurrently
with a suspension under
section 65 and consecutively to another unexpired
suspension.
(3) Where a driver's licence or driving privileges
are suspended under
section 60.2, 60.3, 60.4, 60.5 or 60.8, the peace officer
who requested the surrender of the driver's licence shall
(
a) keep a record of the driver's licence or
driving privileges suspended with the name and address of the driver, novice
driver or person or novice driver who has care or control of the motor vehicle;
(
b) provide the driver, novice driver or person or
novice driver who has care or control of the motor vehicle whose driver's
licence or driving privileges are suspended with a notice which shall
(
i) include the time from which the suspension
takes effect and the length of the period during which his or her driver's
licence is suspended, if known,
(ii) indicate that the registrar shall inform the
novice driver or novice driver who has care or control of the motor vehicle of
when he or she may apply for a driver's licence, and
(iii) where the driver, novice driver or person or
novice driver who has care or control of the motor vehicle surrenders his or
her driver's licence, constitute a receipt of that driver's licence; and
(
c) notify the registrar of the suspension of the
driver's licence or driving privileges.
(4) Upon the termination of a 7 day suspension
under subsections 60.2(2), 60.2(3), 60.2(6), 60.3(2), 60.3(3), 60.3(4),
60.3(7), 60.4(2), 60.4(3), 60.4(4) or 60.4(7), the driver's licence shall, if
it was surrendered to a peace officer, be returned to the licensee at the
address shown on the driver's licence or to another address requested by the
licensee.
Surrender of
driver's licence required
60.8 Where a person is charged with an offence under subsection
320.14(1), (2) or (3) or
section 320.15 of the Criminal Code , or a procedure
is taken pending the laying of a charge to assure the person's attendance in
court on the charge, a peace officer shall request a person to surrender his or
her driver's licence.
Progressively
increased suspensions
60.9 The registrar shall suspend the driver's licence or driving
privileges of a driver who within 24 consecutive months has incurred a 7 day suspension
(
a) for a second time, for 14 days;
(
b) for a third time, for 2 months;
(
c) for a fourth time, for 4 months; or
(
d) for a fifth or subsequent time, for 6 months.
Removal of vehicle
60.10
(1) Where, under sections 60.2 to 60.5 and 60.8, the driver's
licence or driving privileges of a driver are suspended, and the motor vehicle
which the driver was driving at the time is in a location from which, in the
opinion of the peace officer who requested the surrender of the driver's
licence or driving privileges, it should be removed, and there is no person who
has a driver's licence easily available to remove the motor vehicle with the
consent of the driver, the peace officer may remove the motor vehicle or cause
it to be removed to a nearby area where parking is permitted and notify the
driver of its location.
(2) Where a peace officer requests assistance to
remove a motor vehicle under subsection (1), the costs and charges incurred in
moving or storing the vehicle, or both, are the responsibility of the driver
whose driver's licence or driving privileges have been suspended.
Screening accompanying
driver
60.11
(1) Where a peace officer has brought a novice driver to a stop under the authority
of this Act, and the peace officer reasonably suspects that the accompanying
driver has alcohol or drugs in his or her body, the peace officer may demand
that the accompanying driver immediately provide a sample of breath or a bodily
substance into an approved screening device or approved drug screening
equipment as defined in
section 320.11 of the Criminal Code as if he or she was the person operating the motor
vehicle.
(2) A peace officer may direct a novice driver not
to drive a motor vehicle on a highway and shall request the accompanying driver
to surrender his or her driver's licence where one or more of the following
apply:
(
a) upon demand of a peace officer made under
subsection (1), an accompanying driver fails or refuses to provide a sample of
breath or provides a sample of breath which on analysis by an approved
screening device, as defined in
section 320.11 of the Criminal Code , indicates that the proportion of alcohol in his or
her body is greater than 0 milligrams of alcohol in 100 millilitres of blood;
(
b) a peace officer has brought a novice driver to
a stop under the authority of this Act and the peace officer has reasonable
grounds to believe that the ability of the accompanying driver to operate a
motor vehicle is impaired by a drug, or a combination of a drug and alcohol;
(
c) upon demand of a peace officer made under
subsection (1), an accompanying driver fails or refuses to provide a sample of
a requested bodily substance or provides a sample of a requested bodily
substance which on analysis by approved drug screening equipment, as defined in
section 320.11 of the Criminal Code , indicates the presence of a drug in
his or her body as prescribed by the regulations;
(
d) analysis of the breath of an accompanying driver
under paragraph (2)(
a) registers the presence of alcohol as described in that
subsection and the peace officer demands that the accompanying driver provide a
sample of his or her breath and the accompanying driver provides that sample,
which, on analysis by an approved instrument as defined in
section 320.11 of
the Criminal Code , indicates that the proportion of alcohol in his or
her blood is greater than 0 milligrams of alcohol in 100 millilitres of blood;
(
e) upon demand of a peace officer made under
section
320.27 or 320.28 of the Criminal Code , an accompanying driver fails or
refuses to comply with the demand made on that driver.
(3) The direction under this
section to a novice
driver not to drive a motor vehicle on a highway is intended to ensure that
novice drivers acquire experience and develop or improve safe driving skills in
controlled conditions and to safeguard the licensee and the public and does not
constitute an alternative to any proceeding or penalty arising from the same
circumstances or around the same time.
(4) Upon a request being made under paragraph 2(
a) or (d), the accompanying driver's driver's licence or driving privileges are suspended
for a period of 7 days from the time the request is
made where the accompanying driver fails or refuses to provide a sample
of his or her breath or where the analysis under paragraph
2(
a) or (
d) indicates that the proportion of alcohol in his or her blood is
greater than 0 milligrams of alcohol in 100 millilitres of blood.
(5) Upon a request being made under paragraph
(2)(
a) or (d), the accompanying driver's driver's licence or driving privileges
are suspended for a period of 90 days beginning on the fourteenth day following
the expiry of the period of suspension under subsection (4) where the
accompanying driver fails or refuses to provide a sample of his or her breath
or where the analysis under paragraph (2)(
a) or (
d) indicates that the
proportion of alcohol in his or her blood is 80 milligrams or more of alcohol
in 100 millilitres of blood.
(6) Upon a request being made under paragraphs
(2)(
b) and (c), the accompanying driver's driver's licence or driving
privileges are suspended for a period of 7 days from the time the request is
made where
(
a) the peace officer has reasonable grounds to believe
that the ability of the accompanying driver is impaired by a drug, or a combination
of a drug and alcohol; or
(
b) the presence of a drug is indicated as
prescribed by the regulations.
(7) Upon a request being made under paragraph 2(e),
the accompanying driver's driver's licence or driving privileges are suspended
for a period of
(a) 7 days from the time the request is made; and
(b) 90 days beginning on the fourteenth day after
the expiry of the 7 day suspension
where the accompanying driver fails or
refuses to comply with a demand made under
section 320.27 or 320.28 of the Criminal
Code .
(8) Where, upon demand of a peace officer made
under
section 320.27 or 320.28 of the Criminal Code , an accompanying
driver provides a sample of his or her blood which on analysis indicates that
the proportion of alcohol in his or her blood at the time the sample was given
was greater than 0 milligrams of alcohol in 100 millilitres of blood, his or
her driver's licence or driving privileges are suspended for a period of 7 days
beginning on the fourteenth day following his or her receipt of a copy of the
certificate of the analysis.
(9) Where, upon demand of a peace officer made
under
section 320.27 or 320.28 of the Criminal Code , an accompanying driver
provides a sample of his or her blood which on analysis indicates that the
proportion of alcohol in his or her blood at the time the sample was given was
80 milligrams or more of alcohol in 100 millilitres of blood, his or her
driver's licence or driving privileges are suspended for a period of 90 days
beginning on the fourteenth day following the expiry of the period of
suspension under subsection (8).
(10) Where, upon demand of a peace officer made
under
section 320.27 or 320.28 of the Criminal Code , an accompanying
driver provides a sample of a bodily substance which on analysis indicates that
the proportion of a drug, or a combination of a drug and alcohol, in his or her
body or blood at the time the sample was given met or exceeded the proportion
of that drug or the combination of that drug and alcohol prescribed by the
regulations, his or her driver's licence or driving privileges are suspended
for a period of 90 days beginning on the fourteenth day following his or her
receipt of a copy of the certificate of analysis.
(11) Where an accompanying driver's driver's licence
or driving privileges are suspended under subsection (4), (5), (6) or (7), the
peace officer who requested the surrender shall
(
a) provide the accompanying driver whose driver's
licence or driving privileges are suspended with a notice which shall
(
i) include the time from which the suspension
takes effect and the length of the period during which his or her driver's
licence is suspended, and
(ii) where the accompanying driver surrenders his
or her licence, constitute a receipt of that driver's licence;
(
b) notify the registrar of the name of the
accompanying driver, his or her address and the details of the suspension; and
(
c) inform the accompanying driver of how he or
she may collect his or her driver's licence after the expiration of the
suspension.
(12) Where a peace officer requests the surrender
of the accompanying driver's licence under this
section and the peace officer
is satisfied that the accompanying driver is legally authorized to use a drug
for medical purposes, paragraph 2(
c) does not apply to him or her solely on the
basis of the presence of that drug.
(13) A suspension under this
section applies
whether or not the accompanying driver surrenders his or her driver's licence
to the peace officer.
Appeal of 90 day
suspension
60.12
(1) A
person whose driver's licence or driving privileges have been suspended for 90
days under
section 60.2, 60.3, 60.4, 60.5 or 60.11 may appeal the suspension to
the registrar where he or she
(
a) is not the same person to whom a demand for a
sample of his or her breath, blood or bodily substance was made; or
(
b) failed or refused to comply with a demand for
a sample of his or her breath, blood or bodily substance because he or she was
unable to do so for medical reasons.
(2) A person who wishes to appeal a suspension
under subsection (1) shall submit his or her appeal in the prescribed form to
the registrar in writing within 30 days of the day the peace officer requested
the person to surrender his or her driver's licence.
(3) An appeal submitted under subsection (1) shall
indicate whether the appeal shall be heard orally or in writing.
(4) Where the appeal indicates that the hearing
shall be held in writing, the registrar shall, in writing,
(
a) confirm receipt of the appeal; and
(
b) specify the deadline before which the person
shall submit documents or evidence supporting his or her appeal.
(5) Where the appeal indicates that the hearing
shall be held orally, the registrar shall, in writing,
(
a) confirm receipt of the appeal;
(
b) specify the deadline before which the person
shall submit documents or evidence supporting his or her appeal; and
(
c) specify the date on which the hearing will
take place.
(6) Where a person appeals a suspension under
paragraph (1)(b), he or she shall submit written evidence signed by a medical
practitioner licensed to practise medicine under the Medical Act, 2011 , a registered nurse or nurse practitioner licensed to
practise nursing under the Registered Nurses Act, 2008 or a
respiratory therapist with general status registered under the Health Professions Act to support his or
her appeal before the deadline for submitting documents and evidence specified
by the registrar.
(7) The registrar may extend the deadline for
submitting documents and evidence to support an appeal by a maximum of 30 days.
(8) A person shall request an extension under
subsection (7) in writing to the registrar at least 7 days before the deadline
for submitting documents and evidence specified by the registrar under
paragraph (4)(
b) or (5)(b).
(9) An appeal shall be heard within 30 days after
the deadline for submitting documents and evidence.
Oral hearings
60.13
(1) A person who submits an appeal under
section 60.12 may be
represented at an oral hearing of that appeal either personally or by legal
counsel.
(2) The registrar is not required to hold an oral
hearing unless an oral hearing is requested in the appeal submitted under
subsection 60.12(2) and the appeal is under one of the grounds set out in subsection
60.12(1).
(3) Notwithstanding a request for an oral hearing,
the registrar may order that the suspension be set aside on the basis of
documents or evidence submitted without holding an oral hearing.
Decision of
registrar
60.14
(1) The registrar shall confirm or set aside the suspension
and provide reasons for his or her decision in writing within 15 business days
after the hearing.
(2) The registrar may confirm a suspension
appealed under paragraph 60.12(1)(
b) where the person does not provide evidence
under subsection 60.12(6) before the deadline specified by the registrar.
(3) Where a suspension is set aside after an
appeal, the registrar shall reinstate the person's driver's licence or driving
privileges, subject to any other suspension under this Act.
(4) The decision of the registrar under subsection
(1) is final and binding.
Appeals generally
60.15
(1) A suspension continues to apply notwithstanding the submission
of an appeal under
section 60.12.
(2) The registrar may appoint a person employed in
the division to carry out the duties and functions of the registrar under
sections 60.12 to 60.14.
4. Subsection 75(5.2) of the Act is repealed and
the following substituted:
(5.2) Where a judge imposes sentences of imprisonment
under 2 or more of the following provisions:
(a) paragraph (5.1)(a);
(b) paragraph (5.1)(b);
(c) paragraph 43(5.1)(a);
(d) paragraph 43(5.1)(b);
(e) paragraph 43(6.1)(a); or
(f) paragraph 43(6.1)(b),
the judge may, in his or her discretion, direct that
the sentences be served consecutively .
5. Subsection 175(5) of the Act is repealed and
the following substituted:
(5) A person who
(
a) does not obey a sign placed or a signal given
under paragraph (1)(a);
(
b) does not obey an order given under paragraph
(1)(
b) or (c);
(
c) refuses to have weighed a vehicle which he or
she is driving or which is under his or her control or direction; or
(
d) does not remove the portion of the load of a
vehicle that an inspector orders under subsection (3),
is guilty of an offence.
(5.1) A person referred to in subsection (5) is
liable to
(
a) a fine set out in the Schedule; or
(
b) both a fine and imprisonment.
6. The Act is amended by adding immediately after
section 177 the following:
PART V.1
IMAGE CAPTURING ENFORCEMENT SYSTEMS
Image capturing
enforcement system
177.1 An
image capturing enforcement system may be used in accordance with the
regulations for enforcing
(a) subsections 106(10), (12), (14) and (16);
(b) subsection 110(3);
(
c) subsection 110.1(4);
(
d) subsection 110.2(4);
(e) subsection 137(1); and
(
f) other sections of the Act prescribed in the
regulations.
Image capturing
enforcement system evidence
177.2
(1) Where
a reproduction of an image obtained through the use of an image capturing
enforcement system
(
a) shows the vehicle and the identification plate
number displayed on the vehicle; and
(
b) displays, or has appended to it, the
information prescribed by regulation in relation to the offence,
the reproduction and the information
appended to it are admissible in evidence.
(2) The evidence referred to in subsection (1) is
proof of the information shown or displayed on the reproduction or appended to
it, in the absence of evidence showing that the image capturing enforcement
system from which the reproduction was obtained was malfunctioning or was
operated improperly.
(3) Subsection (2) only applies where
(
a) the image capturing enforcement system was
tested as required by the regulations; and
(
b) the testing was conducted within the time
period before or after the alleged offence, as set out in the regulations.
Testers
177.3
(1) The minister may appoint one or more persons as testers to test image capturing
enforcement systems or types of systems.
(2) In order to prove the requirements set out in
subsection 177.2 (3), a copy of a certificate completed and signed by a tester
appointed by the minister, stating
(
a) that the image capturing enforcement system
was tested in accordance with the regulations;
(
b) the date and time of the testing; and
(
c) that as a result of the testing conducted, the
tester ascertained the system to be in proper working order,
is admissible in evidence and is proof of
the facts stated in the certificate in the absence of evidence to the contrary.
(3) It is not necessary to prove the signature or
appointment of a tester who signs a certificate under this section.
Offences
177.4 A
person shall not
(
a) operate or tow a vehicle on a highway where
the identification plate required to be displayed is obstructed in a manner
that prevents or is capable of preventing the identification plate from being
accurately captured by an image capturing enforcement system;
(
b) deface, obliterate or interfere with an image
capturing enforcement system or any part of it; or
(
c) alter or remove or attempt to alter or remove
an image capturing enforcement system or any part of it.
7. Subsection 186(1) of the Act is amended by deleting
the word "and" at the end of subparagraph 186(1)(i.3)(viii) and
adding immediately after that subparagraph the following:
(i.4) defining image capturing enforcement systems;
(i.5) prescribing sections of the Act for the
purposes of paragraph 177.1(f);
(i.6) prescribing information for the purposes of
paragraph 177.2(1)(b);
(i.7) specifying a test or tests for ascertaining
that an image capturing enforcement system is in proper working order and when
testing is required to be conducted; and
8. Subsection 210 of the Act is amended by adding
immediately after subsection (1.1) the following:
(1.2) Notwithstanding subsection (1), where an image
capturing enforcement system has been used and a
section of the Act referenced
section 177.1 has been violated, the owner of the motor vehicle to which
that violation applies may be held responsible for that violation and may incur
a penalty arising from that violation.
(1) The
Schedule to the Act is amended by
adding immediately after the row starting with the reference to subsection
174(2) the following:
175(5)(
a) Failing to obey sign placed or signal given
Subsequent offence
20 days
25 days
15 days
20 days
175(5)(
b) Failing to obey order given
Subsequent offence
20 days
25 days
15 days
20 days
175(5)(
c) Refusal to have vehicle weighed
Subsequent offence
20 days
25 days
15 days
20 days
175(5)(
d) Failure to comply with order to remove portion of
load
Subsequent offence
20 days
25 days
15 days
20 days
(2) The
Schedule to the Act is amended by adding
immediately after the row starting with the reference to
section 177 the
following:
177.4(
a) Operating or towing a vehicle where the identification
plate cannot be accurately captured by an image capturing enforcement system
14 days
2 days
177.4(
b) Defacing, obliterating or interfering with an image
capturing enforcement system or any part of it
14 days
2 days
177.4(
c) Altering or removing or attempting to alter or
remove an image capturing enforcement system or any part of it
14 days
2 days
Queen's Printer