Bill 53 — Fourth Session, 22Nd Legislature, 41 Elizabeth the Legislative Assembly of Alberta Bill 53 Highway Traffic Act (Legislature 22, Session 4)

L22 S4 2405

Alberta — Bills

1992 BILL 53 Fourth Session, 22nd Legislature, 41 Elizabeth THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 53 HIGHWAY TRAFFIC ACT MR. EVANS First Reading Second Reading Committee of the Whole Third Reading Royal Assent Title: 1992 (22nd, 4th) Bill 53, Highway Traffic Act

Bill 53 Mr. Evans BILL 53 1992 HIGHWAY TRAFFIC ACT (Assented to , 1992) Table of Contents

Interpretation 1

Part 1 General Division 1 Administration Staff 2 Delegation of power 3 Control of traffic in provincial park 4 Agreements 5 Regulations 6 Division 2 Speed Limits and Traffic Control Devices Speed limits set by the Province 7 Speed limits set by an urban area 8 Speed limits set by municipal district or county 9 Speed limits set by a road authority 10 Lower speed limits 11 Setting speed limits for school and playground zones 12 Construction and maintenance 13 Speed limits of classes of vehicles 14 Speed limit signs 15 Speed limits set by regulation or by-law 16 Traffic control devices 17 1

Division 3 Municipalities Powers of municipality 18 Private property 19 Restriction of powers 20 Parking authority 21

Part 2 Vehicle and Equipment Standards Standards for vehicles on highways 22 Compliance with standards before sale or rental 23 Written-off vehicles 24 Standards for equipment 25 Maintenance of vehicles 26 Inspection of vehicles 27 Review by Court 28

Part 3 Seat Belt Use

Definitions 29 Requirement to wear seat belt 30 Children’s seat belts 31 Removal of seat belts 32

Part 4 Emergency and Maintenance Vehicles Use of siren 33 Operating and parking emergency vehicle 34 Police vehicles operating without siren 35 Yielding to vehicle with siren 36 Maintenance, etc. vehicles on highway 37 Maintenance, etc. vehicles parking 38 Negligence 39

Part 5 Operation of Vehicles Division 1 General Observance of rules of the road 40 Must obey traffic control device 41 Must obey directions of peace officer 42 Malfunctioning traffic control device 43 Directions given by sign or flagmen 44 Direction of traffic contrary to rules 45 2

Division 2 Speed Speed appropriate to circumstances 46 Standard maximum speed 47 Posted speed limits 48 School and playground zones 49 Slow moving vehicles 50 Driving near centre line 51 Travelling at too slow speed 52 Division 3 Driving on Roadway Driving on right side of roadway 53 Vehicular crossings 54 Narrow roadway 55 Rules for traffic lanes 56 Three-lane highways 57 One-way highways 58 Driving on shoulder 59 Division 4 Overtaking and Passing Following other vehicles 60 Passing on hills, etc. 61 Passing when meeting oncoming vehicle 62 Overtaking and passing 63 Overtaking and passing on the right 64 Restrictions on overtaking and passing 65 Division 5 Turns Signalling for turns 66 Right turns 67 Left turns 68 Directional arrows 69 Division 6 U-Turns

Interpretation 70 Must be done in safety 71 Restrictions on making U-turn 72 U-turns by school bus 73 3

Division 7 Backing Up Must be done in safety, etc. 74 Prohibition 75 Division 8 Yielding and Stopping Right of way at intersections 76 “T” intersection 77 Parking lots 78 Signalling stops 79 Stopping before entering highway 80 Stop signs 81 Proceeding after stopping 82 Yield signs 83 Traffic circles 84 Yielding to pedestrians 85 Railway crossing 86 Division 9 Parking and Stationary Vehicles Parking outside of an urban area 87 Parking restrictions 88 Parallel parking 89 Angle parking 90 Parking on hills 91 Vehicle on jack 92 Stationary vehicles less than 4500 kilograms 93 Stationary vehicles 4500 kilograms or over, etc. 94 Division 10 Merging Entering onto highway 95 Allow merging 96 Division 11 Traffic Lights Green traffic lights 97 Yellow traffic lights 98 Red traffic lights 99 Division 12 Use of Lamps Use of lamps, etc. 100 Use of high beam 101 4

Division 13 Improper Operation of Vehicles Careless driving 102 Interference with driver 103 Racing 104 Stunts 105 Noise 106 Hom 107 Passengers in house trailers 108 Riding or being towed on outside of vehicle 109 Opening vehicle doors 110 Disturbance of residential area 111 Division 14 School Buses Definition 112 Alternately flashing amber lights 113 Alternately flashing red lights 114 Activating flashing lights, etc. 115 Speed 116 Backing up on school ground, etc. 117 Division 15 Cycles Rights and duties of operator 118 Restrictions re mopeds, etc. 119 Operation of cycle 120 Travel single file 121 Cycles used in exhibitions, etc. 122 Safety helmets 123 Division 16 Off-highway Vehicles Operation 124 Duty of driver 125 Careless driving 126 Restriction on municipality 127 Division 17 Miscellaneous Processions and parades 128 Air cushion vehicles 129 Tampering prohibited 130 Removal of damaged vehicle 131 Abandoning of vehicle 132 Advertising on highways 133 5

Unauthorized traffic signs 134 Damage to traffic control devices 135 Report re damage to traffic control devices, etc. 136

Part 6 Pedestrians Pedestrians on roadway 137 Pedestrians crossing roadway 138 Yielding by pedestrians 139 Pedestrians’ right of way 140 Pedestrians at green light 141 Pedestrians at yellow light 142 Pedestrians at red light 143 Walk and wait lights 144 Crossing at traffic lights 145 Malfunctioning traffic lights 146 Peace officer directing traffic 147 Parades and processions 148 Giving information to peace officer 149 Pedestrian crossings 150 Actions contrary to the rules 151

Part 7 Animals on Highway Duty of person riding or driving animals 152 Riding animal on highway 153

Part 8 Enforcement, Prosecutions, Civil Rights and Remedies Division 1 Peace Officers Stopping for peace officer 154 Determination for consumption of alcohol, etc. 155 Arrest without warrant 156 Seizure of vehicle 157 Removal of vehicle 158 Abandoned vehicle 159 Costs of removal, etc. 160 Repair of damaged vehicle 161 Assistance to peace officer 162 Division 2 Prosecutions Offence 163 Punishment 164 Owner liable 165 Dismissal of charge 166 6

Disposition of fines and penalties 167 Tester’s certificate as evidence 168 Traffic sign or device under another Act 169 Proof of existence of traffic control device 170 Engineer’s certificate as proof 171 Division 3 Civil Rights and Remedies Action for negligence not affected 172 Onus where Act contravened 173 Onus on owner or driver 174 When driver deemed agent of owner 175

Part 9 Transitional, Consequential, Repeal and Commencement Transitional 176 RSA 1980 cM-22 177 RSA 1980 cO-4 178 RSA 1980 cP-28 179 Repeal 180 Coming into force 181 HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Interpretation1

(1) In this Act, (a) “Administrator” means (

i) the Assistant Deputy Minister of the Motor Transport Services Division of the Department of Transportation and Utilities, or (ii) such other person as designated by the Minister; (b) “air cushion vehicle” means a vehicle designed to derive support in the atmosphere primarily from reactions against the earth’s surface resulting from the expulsion of air from the vehicle; (c) “all terrain vehicle” means a wheeled or tracked motor vehicle designed for travel primarily on unprepared surfaces, open country or marshland, but 7

does not include a snow vehicle, implement of husbandry or construction machinery; (d) “alley” means a narrow highway intended chiefly to give access to the rear of buildings and parcels of land; (e) “antique motor vehicle” means a motor vehicle that (

i) is not used for general transportation, (ii) is not less than 25 years old, (iii) is maintained as a collector’s item, and (iv) is used solely in exhibitions, club activities, parades or similar activities; (f) “approved warning device” means advance warning triangles, flares or reflectors that meet the requirements of the regulations; (g) “bicycle” includes any cycle propelled by human power on which a person may ride regardless of the number of wheels that the cycle may have; (h) “boulevard” means, in an urban area, that part of a highway 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; (i) “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 8

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; (j) “certificate of registration” means a certificate of registration that is issued under the Motor Vehicle Administration Act and includes a document that is recognized under that Act as a certificate of registration; (k) “commercial vehicle” means a vehicle defined as a commercial vehicle under the Motor Transport Act; (l) “conversion unit” means a mechanical device consisting of one or more axles designed to convert a semi-trailer to a full trailer; (m) “crosswalk” means (

i) that part of a roadway at an intersection included within the connection of the lateral line of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the roadway, or (ii) any part of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by signs or by lines or by other markings on the road surface; (n) “cycle” means a bicycle, power bicycle, motor cycle or moped; (o) “daytime” means the period commencing one hour before sunrise and ending one hour after the following sunset; (p) “dealer” means any person who buys or sells motor vehicles as a business, either as principal or agent; 9

(q) “driver” means a person who is driving or is in actual physical control of a vehicle; (r) “emergency vehicle” means (

i) a vehicle operated by a police service, (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, or (

v) a vehicle designated by the regulations as an emergency response unit; (s) “full trailer” means (

i) a trailer that (

A) has all the weight of the trailer, including any load, resting only on the wheels of the trailer, and (

B) when connected to the towing vehicle or a preceding trailer, is connected by a method other than a 5th-wheel, and (ii) includes a semi-trailer equipped with a conversion unit; (t) “highway” means any thoroughfare, street, road, trail, avenue, parkway, driveway, viaduct, lane, alley, square, bridge, causeway, trestleway or other place or any part 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, 10

(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; (u) “implement of husbandry” means (

i) a tractor designed and used for agricultural purposes, or (ii) a vehicle designed and adapted exclusively for agricultural, horticultural, aquaculture or livestock raising operations; (v) “intersection” means the area embraced within the prolongation or connection of (

i) the lateral curb lines, or (ii) if there are not any lateral curb lines, the exterior edges of the roadways, of 2 or more highways which join one another at an angle whether or not one highway crosses the other; (w) “licence plate” means a licence plate that is issued under the Motor Vehicle Administration Act and includes an object that is recognized under that Act as a licence plate; (x) “median” means a physical barrier or area that separates lanes of traffic travelling on a highway; (y) “miniature motor vehicle” means a motor vehicle, other than a motor cycle, that meets the specifications prescribed by the regulations for a miniature motor vehicle; (z) “minibike” means a motor cycle that meets the specifications prescribed by the regulations for a minibike; 11

(aa) “Minister” means the Minister of Transportation and Utilities; (bb) “moped” means a vehicle, regardless of the number of wheels it has, that (

i) may be propelled (

A) by muscular power, (

B) by mechanical power, or (

C) partly by muscular power and partly by mechanical power, (ii) has a motor that is driven by electricity or has an engine with a displacement of not more than 50 cubic centimetres, (iii) does not have a hand-operated or foot-operated clutch or gearbox driven by the motor that transfers power to the driven wheel, (iv) does not have sufficient power to attain a speed greater than 50 kilometres per hour on level ground within a distance of 2 kilometres from a standing start, and (

v) weighs more than 35 kilograms but less than 55 kilograms, but does not include a bicycle or power bicycle; (cc) “motor cycle” means a motor vehicle, other than a moped, that is permitted to operate on a highway and that is mounted on 2 or 3 wheels and includes those motor vehicles known in the automotive trade as motor cycles and scooters; (dd) “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; 12

(ee) “municipality” means a city, town, new town, village, summer village, county, municipal district or rural district and includes a Metis settlement; (ff) “night time” means the period commencing one hour after sunset and ending one hour before the following sunrise; (gg) “off-highway vehicle” means any motor vehicle built for cross-country travel on land, water, snow, ice or marsh or swamp land or on other natural terrain and, without limiting the generality of the foregoing, includes, when specifically designed for such travel, (i) 4-wheel drive vehicles, (ii) low pressure tire vehicles, (iii) motor cycles and related 2-wheel vehicles, (iv) amphibious machines, (

v) all terrain vehicles, (vi) miniature motor vehicles, (vii) snow vehicles, (viii) minibikes, and (ix) any other means of transportation that is propelled by any power other than muscular power or wind, but does not include (

x) motor boats, or (xi) any other vehicle exempted from being an off-highway vehicle by the regulations; (hh) “one-way highway” means a highway on which traffic is permitted to travel only in one direction but does not include a highway that is divided by a median into 2 separate roadways with the traffic on one roadway travelling in one direction and the traffic on the other roadway travelling in the opposite direction; 13

(ii) “operator’s licence” means an operator’s licence that is issued under the Motor Vehicle Administration Act and includes a document that is recognized under that Act as an operator’s licence; (jj) “over-dimensional vehicle” means a vehicle, including any load that is carried on the vehicle, that exceeds the dimensions prescribed by regulation; (kk) “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; (ll) “parking lane” means that portion of a primary highway between (

i) the edge of the roadway to the right of the direction of traffic, and (ii) the nearest solid white line, not being the centre line, marked on the roadway; (mm) “peace officer” means (

i) a member of the Royal Canadian Mounted Police, (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 enforce the provisions of this Act, (iv) a park warden appointed pursuant to the National Parks Act (Canada), while that person is carrying out duties under this Act in a national park established under the National Parks Act, (

v) a park ranger appointed pursuant to the Provincial Parks Act, and (vi) a forest officer appointed under the Forests Act while carrying out duties under this Act for the purposes of enforcing this Act with 14

respect to off-highway vehicles and their operation; (nn) “pedestrian” means a person afoot or a person in a wheelchair; (oo) “pedestrian traffic control signal” means a traffic control signal by which pedestrians are specifically directed to proceed or not to proceed; (pp) “pole trailer” means a vehicle that (

i) is drawn by a towing vehicle to which it is attached by a “reach” or “pole” or by being “boomed” or by some similar method, and (ii) is used for transporting a long or irregularly shaped load capable of sustaining itself as a beam between the supporting connections; (qq) “power bicycle” means a vehicle that (

i) may be propelled (

A) by muscular power, (

B) by mechanical power, or (

C) partly by muscular power and partly by mechanical power, (ii) is fitted with pedals that are continually operable to propel it, (iii) has a motor that produces not more than 750 watts and that is driven by electricity or has an engine with a displacement of not more than 50 cubic centimetres, (iv) does not have a hand-operated or foot operated clutch or gearbox driven by the motor that transfers power to the driven wheel, (

v) does not have sufficient power to enable it to attain a speed greater than 35 kilometres per hour on level ground within a distance of 2 kilometres from a standing start, and 15

(vi) weighs not more than 35 kilograms; (rr) “primary highway” means a highway designated as a primary highway pursuant to the Public Highways Development Act; (ss) “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, and 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 Tourism, Parks and Recreation, the Minister of Tourism, Parks and Recreation; (vi) in the case of a licence of occupation road, the Minister of Forestry, Lands and Wildlife; (vii) in the case of a highway that is located on an Indian reserve, if the title to the 16

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; (tt) “roadway” means that part of a highway intended for use by vehicular traffic; (uu) “school bus” means a motor vehicle used primarily for transporting persons to and from a school; (vv) “seat belt assembly” means a device or assembly that (

i) is securely fastened to a motor vehicle, (ii) is composed of straps, webbing or similar material and includes a pelvic restraint or an upper torso restraint, or both, (iii) is capable of restraining the movement of a person in order to prevent or mitigate injury to the person, and (iv) meets the standards prescribed under the Motor Vehicle Safety Act (Canada); (ww) “semi-trailer” means a trailer that (

i) has axles that are located only at or near the rear end of the trailer, (ii) while being towed, must be supported at its front end by the towing vehicle or an immediately preceding trailer, and (iii) when connected to the towing vehicle or preceding trailer, is connected by means of a king pin and a 5th-wheel; (xx) “service brake” means the primary mechanism designed to stop a vehicle; (yy) “service road” means a road that runs parallel to a main road and is separated from the main road by a boulevard or curb; (zz) “shoulder” means that portion of a highway that is located between, 17

(

i) in the case of a highway with one traffic lane for traffic proceeding in one direction, the right edge of the traffic lane and the curb or, if there is not a curb, the ditch, or (ii) in the case of a highway with more than one traffic lane for traffic proceeding in one direction, the right edge of the traffic lane located furthest to the right side of the roadway and the curb or, if there is not a curb, the ditch; (aaa) “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) the edge of the roadway, where there is no curb line and the adjacent property line, whether or not it is paved or improved; (bbb) “snow vehicle” means a motor vehicle designed or intended to be driven exclusively or chiefly on snow or ice, or both; (ccc) “traffic control device” means any sign, signal, marking or device placed, marked or erected under the authority of this Act for the purpose of regulating, warning or guiding traffic; (ddd) “traffic control signal” means a traffic control device, whether manually, electrically or mechanically operated, by which traffic is directed to stop and to proceed; (eee) “traffic lane” means (

i) outside an urban area, a longitudinal division of a roadway into a strip of sufficient width to accommodate the passage of a single line of vehicles but does not include a parking lane or a shoulder, and (ii) inside an urban area, a longitudinal division of a roadway into a strip of sufficient width 18

to accommodate the passage of a single line of vehicles, whether or not the division is indicated by lines on the road surface; (fff) “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, and includes (iii) a full trailer, (iv) a pole trailer, (

v) a semi-trailer, or (vi) any trailer that is designed, constructed and equipped as a dwelling place, living abode or sleeping place, either permanently or temporarily, but does not include machinery or equipment solely used in the construction or maintenance of highways; (ggg) “urban area” (

i) means a city, town, new town, village or summer village, and (ii) includes a hamlet with a population in excess of 10 000 persons; (hhh) “vehicle” 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.

(2) Where under this Act or a regulation or a by-law made under this Act a driver of a vehicle is required to stop the vehicle, that vehicle has stopped only when there is a complete cessation of movement by the vehicle.

(3) Where under this Act or a regulation or a by-law made under this Act a vehicle is prohibited from stopping, that vehicle has stopped if there is a complete cessation of movement by the 19

vehicle even if momentarily, whether or not the vehicle is occupied.

(4) Notwithstanding subsection (3), where (

a) under this Act or a regulation or a by-law made under this Act a vehicle is prohibited from stopping, but (

b) there is a complete cessation of movement by the vehicle (

i) in order to avoid conflict with other traffic, or (ii) in compliance with the directions of a peace officer, the driver of that vehicle shall be deemed not to have contravened the prohibition from stopping.

(5) Where under this Act or a regulation or a by-law made under this Act a vehicle is prohibited from being parked, that vehicle is parked if the vehicle remains stationary in one place whether or not the vehicle is occupied.

(6) Notwithstanding subsection (5), where (

a) under this Act or a regulation or a by-law made under this Act a vehicle is prohibited from being parked, but (

b) the vehicle is stationary in one place (

i) while actually engaged in loading or unloading passengers, or (ii) in compliance with a traffic control device or the directions of a peace officer, the driver of that vehicle shall be deemed not to have contravened the prohibition from parking.

(7) Where (

a) a highway is located both within an urban area and outside of an urban area, and (

b) this Act or a regulation or a by-law made under this Act refers to the highway 20

(

i) 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 (ii) as a highway outside of an urban area, that reference is a reference to that portion of the highway that is located outside of an urban area.

(8) Any reference in this Act to a sign being erected means a sign erected under the authority of this Act or a regulation or a by-law made under this Act.

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

PART 1 GENERAL Division 1 Administration Staff 2(1) In accordance with the Public Service Act there may be appointed officers and any other employees that may be required for the administration of this Act.

(2) For the purposes of this Act the Minister may appoint or designate persons as engineers, district engineers and testers. Delegation of power 3(1) A person may in writing authorize (

a) an employee of the Government, or (

b) a peace officer, to do any act or thing, other than make regulations, that the person is empowered to do or perform under this Act or the regulations.

(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 21

(

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 set forth 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 thing 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 that act or thing in respect of which the authorization was given. Control of traffic in provincial park 4 With respect to a highway under the direction, control and management of the Minister of Tourism, Parks and Recreation, the Minister of Tourism, Parks and Recreation may make regulations (

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

b) governing the opening or closing of highways. Agreements5 The Minister may on behalf of the Government of Alberta enter into agreements with a person, a municipality, the Government of Canada, the government of another province or the government of a jurisdiction outside of Canada with respect to the following matters: (

a) equipment and safety standards to be complied with by vehicles registered in a jurisdiction outside of Alberta and operated in Alberta; (

b) equipment and safety standards to be complied with by vehicles registered in Alberta and operated in a jurisdiction outside of Alberta; (

c) the inspection of vehicles; (

d) safety programs; (

e) governing the operation of vehicles on highways. 22

Regulations6 The Minister may make regulations (

a) establishing and governing standards and specifications in respect of vehicles and equipment, substances, safety equipment and safety apparel used in respect of vehicles; (

b) governing the use of equipment, substances, safety equipment and safety apparel used in respect of vehicles; (

c) governing the installation of equipment, substances and safety equipment on or in vehicles; (

d) governing the modification of vehicles; (

e) governing the use, repair, refurbishing and disposal of damaged or dilapidated vehicles or vehicles that have been written off; (

f) governing the inspection and testing of vehicles and of equipment, substances, safety equipment and safety apparel used in respect of vehicles; (

g) subject to this Act, governing the use, operation and towing of vehicles; (

h) governing the loading of vehicles and carrying of loads, items, substances and things on or in vehicles; (

i) designating vehicles as emergency response units; (

j) subject to this Act, governing the use of emergency vehicles; (

k) governing the information that must be provided with respect to the condition or state of a vehicle or any equipment, substances, safety equipment or safety apparel used in respect of a vehicle; (

l) subject to this Act, governing the use of highways; (

m) governing the establishment and operation of school and playground zones; (

n) governing traffic control devices; (

o) governing speed limits as they apply to certain vehicles; 23

(

p) providing that regulations made under this

section apply to all or a class or type of vehicle or of equipment, substances, safety equipment or safety apparel used in respect of vehicles; (

q) adopting in whole or in part any code governing any matter for which regulations may be made under this section; (

r) modifying any code adopted under clause (

q) to the extent that regulations may be made under this section; (

s) governing the forms that may be used under this Act; (

t) governing when returns are to be made and the persons to whom the returns are to be made; (

u) with respect to campsites operated by the Minister, governing (

i) the conduct of the persons using the campsites, and (ii) the terms and conditions under which the campsites may be used; (

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

w) exempting a vehicle or a class of vehicles from being an off-highway vehicle for the purposes of this Act; (

x) governing the loading, unloading and the carrying of persons and equipment, cargo or other things on or in a school bus; (

y) governing fees that may be charged for services provided in respect of this Act; (

z) subject to this Act, governing the closing of highways; (aa) with respect to vehicles that are not commercial vehicles, governing the weights that may be borne by the vehicle, an axle or axle group of the vehicle or the tires of the vehicle; 24

(bb) with respect to over-dimensional vehicles that are not commercial vehicles, governing the operation of those vehicles; (cc) with respect to vehicles that are not commercial vehicles, governing (

i) the issuance of permits permitting the operation of those vehicles in a manner other than that prescribed or permitted by this Act, the Motor Vehicle Administration Act or the regulations made under this Act or the Motor Vehicle Administration Act, and (ii) the operation of those vehicles while they are being operated pursuant to a permit. Division 2 Speed Limits and Traffic Control Devices Speed limits set by the Province 7 The Minister may, with respect to all or any portion of a primary highway, (

a) prescribe a maximum speed limit that is higher or lower than the maximum speed limit prescribed by

section 47; (

b) prescribe a minimum speed limit; (

c) prescribe that a speed limit set under this

section be applicable to (

i) daytime; (ii) night time; (iii) different periods of the year; (iv) different traffic lanes for the same highway. Speed limits set by an urban area 8 The council of an urban area may, with respect to all or any portion of a highway under its direction, control and management, (

a) prescribe a maximum speed limit that is in excess of 50 kilometres per hour; 25

(

b) prescribe a maximum speed limit that is less than 50 kilometres per hour; (

c) prescribe a minimum speed limit; (

d) prescribe that a speed limit set under this

section be applicable to (

i) daytime; (ii) night time; (iii) different periods of the year; (iv) different traffic lanes for the same highway. Speed limits set by municipal district or county 9 The council of a municipal district, a county, a rural district or Metis settlement may, with respect to all or any portion of a highway under its direction, control and management, (

a) prescribe a maximum speed limit that is in excess of 80 kilometres per hour, (

b) prescribe a maximum speed limit that is less than 80 kilometres per hour; (

c) prescribe a minimum speed limit; (

d) prescribe that a speed limit set under this

section be applicable to (

i) daytime; (ii) night time; (iii) different periods of the year; (iv) different traffic lanes for the same highway. Speed limits set by a road authority 10 A road authority with respect to a road or highway referred to in

section 47(4) that is not a primary highway may (

a) prescribe a maximum speed limit that is not in excess of 100 kilometres per hour; (

b) prescribe a minimum speed limit; 26

(

c) prescribe that a speed limit set under this

section be applicable to (

i) daytime; (ii) night time; (iii) different periods of the year; (iv) different traffic lanes for the same highway. Lower speed limits 11 Where a speed limit is prescribed under this Division or

section 47, a road authority, in respect of a highway over which it may prescribe speed limits, may for all or any portion of that highway prescribe a lower maximum speed limit by erecting signs along the highway setting forth the lower speed limit. Setting speed limits for school and playground zones 12(1) Notwithstanding this Division or

section 49, a road authority may, with respect to school zones or playground zones located on a highway over which it may prescribe speed limits, prescribe for those school zones or playground zones a maximum speed limit that is lower than that prescribed under

section 49.

(2) Notwithstanding subsection (1), a speed limit prescribed under this

section shall not be lower than 20 kilometres per hour. Construction and maintenance 13 Where a highway (

a) is under construction or repair, or (

b) is in a state of disrepair, a maximum speed limit may, with respect to that portion of the highway that is under construction or repair or in disrepair, be prescribed by (

c) an engineer under the administration of or providing services on behalf of the Minister if (

i) the highway is one in respect of which the Minister may set speed limits, or (ii) the highway is being constructed or repaired by or on behalf of the Government, 27

or (

d) a person authorized by a road authority if, subject to clause (c)(ii), the highway is one in respect of which the road authority may prescribe speed limits, by erecting signs along the highway setting forth the maximum speed limit. Speed limits of classes of vehicles 14 Where a road authority or other person is empowered to prescribe a speed limit, the road authority or other person prescribing the speed limit may make that speed limit applicable to all vehicles or to only a certain class or classes of vehicles. Speed limit signs 15 Where a speed limit is prescribed under this Division, (

a) the road authority, in respect of a highway over which it may set or prescribe speed limits, or (

b) the person setting a speed limit under

section 13, shall erect signs along the highway setting forth whichever of the following is applicable to the speed limit being prescribed: (

c) the maximum speed limit; (

d) the minimum speed limit; (

e) that the speed limit is only applicable to daytime or night time, as the case may be; (

f) the class or classes of vehicles to which the speed limit is applicable if the speed limit is applicable to only a certain class or classes of vehicles. Speed limits set by regulation or by-law 16 Except where a speed limit may be prescribed by the erecting of signs along a highway, (

a) the Minister of the Crown who is empowered to prescribe a speed limit may prescribe that speed limit by regulation, and (

b) a council of a municipality that is empowered to prescribe a speed limit may prescribe that speed limit by by-law. 28

Traffic control devices 17 A road authority may in respect of a highway over which it has the direction, control and management place, erect or otherwise display traffic control devices at any location on or adjacent to the highway for the purposes of controlling and regulating traffic that is (

a) on or entering that highway, or (

b) crossing a railway track at railway crossings located on that highway. Division 3 Municipalities Powers of municipality 18 Subject to this Act and the Transportation of Dangerous Goods Control Act, the council of a municipality may, with respect to a highway under its direction, control and management make by laws that are not inconsistent with this Act, doing the following: (

a) governing the use of highways; (

b) governing speed limits; (

c) governing the parking of vehicles; (

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

e) governing the access to highways from private land; (

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

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 29

connection with that vehicle is objectionable noise; (

h) governing the turning of vehicles at intersections; (

i) governing the encumbering of highways; (

j) governing 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 (iii) that are parked in contravention of a by law or this Act; (

k) governing the use of bicycles; (

l) governing the licensing of bicycles; (

m) governing the impounding of bicycles; (

n) governing parades and processions; (

o) subject to the Municipal Government Act, governing the closing or restricting the use of a highway; (

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 class of vehicles; (

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

s) governing the marking of tires on vehicles for the purpose of enforcing parking by-laws; (

t) governing the employing of or engaging the services of persons to enforce by-laws made with respect to the parking of vehicles; (

u) designating routes for vehicles or classes of vehicles. 30

Private property 19 Subject to this Act and the Provincial Offences Procedure Act, the council of a municipality may, with respect to privately owned property that is located within the municipality and to which vehicles generally have access, make by-laws doing the following: (

a) governing the 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; (

b) governing the parking of vehicles in trailer parks; (

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 handicap placard or licence plate that is issued or recognized by the Solicitor General; (

d) governing the issuing of tags or tickets or other documents in respect of vehicles parked in contravention of a by-law made under this section; (

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

f) governing the removal and impounding of vehicles parked in contravention of a by-law made under this section; (

g) providing for the laying of an information and complaint against the owner of a vehicle parked or a person who parked a vehicle in contravention of a by-law made under this section; (

h) prescribing speed limits in respect of lanes or other thoroughfares used by vehicles. Restriction of powers 20 Unless specifically permitted by statute, a council of a municipality does not have any power to make a by-law (

a) imposing any tax, fee, licence or permit respecting the use of highways; (

b) excluding persons generally from the use of highways; (

c) prohibiting the use of highways except as otherwise permitted under this Act. 31

Parking authority 21 The council of an urban area may by by-law establish a commission to be known as a parking authority and give it power (

a) to operate off-street parking areas, structures or facilities owned by the municipality or established on land to which the municipality has title, and (

b) to enter into agreements with any person for the construction, operation or management of off-street parking areas, structures or facilities, whether or not the municipality owns the land or has an interest in it.

PART 2 VEHICLE AND EQUIPMENT STANDARDS Standards for vehicles on highways 22 A person shall not (

a) drive or operate or intend to drive or operate on a highway, or (

b) permit or require another person to drive or operate on a highway, a motor vehicle, a trailer, an implement of husbandry, an off-highway vehicle, a bicycle or any other vehicle unless that vehicle complies with the vehicle and equipment standards set out in the regulations for that vehicle. Compliance with standards before sale or rental 23(1) A person shall not 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.

(2) A person shall not sell or offer for sale in Alberta a new trailer unless that trailer meets the requirements of the Motor Vehicle Safety Act (Canada) and the regulations under that Act.

(3) A person shall not sell or offer for sale in Alberta a new conversion unit unless the conversion unit meets the requirements of the Motor Vehicle Safety Act (Canada) and the regulations under that Act.

(4) A dealer shall not sell or offer for sale in Alberta a used motor vehicle while any of the equipment that was required in Canada in respect of that vehicle at the time of the vehicle’s manufacture is disconnected or inoperative or is removed from the vehicle. 32

(5) A person who is in the business of selling trailers shall not sell or offer for sale in Alberta a used trailer unless that trailer meets the requirements of the regulations, if any, made under

section 6.

(6) A dealer shall not enter into a contract to sell a used motor vehicle unless prior to the entering into the contract the dealer furnishes to the prospective purchaser of the vehicle a certificate of mechanical condition in the form and setting forth the information prescribed by the regulations.

(7) A person shall not rent to another person a motor vehicle, trailer or conversion unit that does not comply with this Act or the regulations.

(8) A dealer shall not sell a used motor vehicle unless (

a) the vehicle has passed the inspections and tests required under this Act or the regulations within the period of time preceding the sale that is prescribed by the regulations, and (

b) the dealer furnishes to the buyer a certificate, in the form prescribed by the regulations, certifying that the vehicle passed those inspections and tests. (9) Subsection (8) does not apply if the dealer furnishes to the buyer a signed statement as prescribed by the regulations disclosing the information about the condition of the vehicle.

(10) This

section does not apply to the sale of a used motor vehicle from (

a) a dealer to another dealer, or (

b) a dealer to a person who is engaged in the business of wrecking, dismantling or repairing motor vehicles. Written off vehicles 24 Where a person sells or offers for sale a motor vehicle, other than an off-highway vehicle, that the person knows or ought to know has at any time in the past been written off as a total loss for insurance purposes and then repaired, that person shall when selling the vehicle (

a) advise the purchaser in writing of the fact that the vehicle was written off and then repaired, and (

b) provide to the purchaser any documentation required to be provided under the regulations. 33

Standards for equipment 25 A person shall not, in respect of vehicles that may be on a highway, sell or offer for sale for use in or on those vehicles any equipment that does not comply with the standards or specifications set out in the regulations for that equipment. Maintenance of vehicles 26(1) Subject to subsection (2), the owner of a vehicle shall maintain the vehicle and its equipment (

a) in good working order, and (

b) in a condition that meets the requirements of this Act and the regulations. (2) Subsection (1) does not apply to a vehicle while that vehicle is being operated on private property that is not a highway. Inspection of vehicles 27(1) A peace officer may, for the purposes of (

a) ensuring that a vehicle and its equipment (

i) is safe to operate, and (ii) meets the vehicle and equipment standards and requirements of this Act and the regulations, 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 examination or test at a place and by a person specified by the peace officer; (

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

f) direct that the vehicle or its equipment be removed off the highway or from operation and that it not be 34

returned to a highway or operation until the vehicle and its equipment has been, as the case may be, (

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

g) direct that the directions given under this

section be completed within a time limit specified by the peace officer; (

h) direct that after the directions given under this

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

(2) A direction given under this

section shall (

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 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 plates and certificate of registration issued in respect of that vehicle and hold the licence plates and certificate of registration until the vehicle and its equipment is, as the case may be, (

a) rendered safe to operate, (

b) repaired, serviced, altered or otherwise dealt with so that it meets the requirements of this Act and the regulations, or (

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

(5) A person 35

(

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

b) shall not operate a vehicle on a highway in contravention of a direction given under subsection d)(f); (

c) shall not put a vehicle into operation in contravention of a direction given under subsection (1)(f).

(6) If, in respect of a vehicle, (

a) a person refuses to allow a peace officer to carry out the peace officer’s powers and duties under this section, or (

b) a peace officer (

i) gives a direction under subsection (1), and (ii) has reasonable grounds to believe that the matters referred to in the direction may not be carried out, a peace officer may detain the vehicle for not more than 72 hours or such longer period that is reasonable under the circumstances.

(7) Where a vehicle is detained under subsection (6), a peace officer may (

a) cause the vehicle to be removed and stored in a suitable place, and (

b) arrange for a person to carry out an inspection of the vehicle or the matters referred to in the direction.

(8) All costs (

a) of removal, transportation and storage of the detained vehicle and its contents and load, and (

b) of carrying out the inspection of the vehicle or the subject-matter of the direction, as the case may be, are a lien on the vehicle and

section 93 of the Motor Vehicle Administration Act applies with all necessary modifications. 36

Review by Court 28(1) Where (

a) a person is given a direction under

section 27, a person’s vehicle is detained under

section 27 or a person’s licence plates and certificate of registration are seized under

section 27, and (

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

(2) Where (

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

section 27, (

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

section 27, or (

c) a peace officer wishes to detain a vehicle for a period of time that is greater than that permitted under

section 27, a peace officer may apply to the Court of Queen’s Bench for an order granting relief as provided for under subsection (6).

(3) An application under this

section shall 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 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: (

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

b) direct the person to comply with the direction of the peace officer; 37

(

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

d) direct that a vehicle be detained, seized so that it can be detained, released from detention or detained for a period of time that is greater than that permitted under

section 27, as the case may be; (

e) direct that seized licence plates and certificate of registration be returned; (

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

g) dismiss the application; (

h) award costs.

PART 3 SEAT BELT USE

Definitions29 In this Part, (a) “child” means a child under the age of 6 years whose weight does not exceed 18 kilograms; (b) “motor vehicle” does not include a motor cycle or moped. Requirement to wear seat belt 30(1) Where a motor vehicle is operated on a highway and it is equipped with a seat belt assembly (

a) in the seating position that is occupied by the driver, the driver shall wear the complete seat belt assembly, and (

b) in a seating position that is occupied by a passenger over the age of 15 years, the passenger shall wear the complete seat belt assembly.

(2) A person shall not operate on a highway a motor vehicle in which a passenger, (

a) who has attained the age of 6 years but is under the age of 16 years, or 38

(

b) who has not attained the age of 6 years but weighs more than 18 kilograms, occupies a seating position for which a seat belt assembly is provided unless that passenger is wearing the complete seat belt assembly.

(3) A person who is required to wear a seat belt assembly shall wear the complete seat belt assembly properly adjusted and securely fastened. Children’s seat belts 31 A person shall not operate on a highway a motor vehicle registered under the Motor Vehicle Administration Act in which a child is a passenger unless (

a) the motor vehicle is equipped with the prescribed child seating assembly, (

b) the child seating assembly is properly installed, and (

c) the child is occupying and is properly secured in the child seating assembly. Removal of seat belts 32(1) A person shall not, with respect to a seat belt assembly in a motor vehicle, (

a) remove the seat belt assembly, (

b) render the seat belt assembly partly or wholly inoperative, or (

c) modify the seat belt assembly so as to reduce its effectiveness, if the motor vehicle was equipped with the seat belt assembly as required by the Motor Vehicle Safety Act (Canada) and the regulations under that Act at the time that the motor vehicle was manufactured.

(2) A person shall not operate on a highway a motor vehicle that was equipped with a seat belt assembly as required by the Motor Vehicle Safety Act (Canada) and the regulations under that Act at the time the motor vehicle was manufactured if the seat belt assembly has been (

a) removed, (

b) rendered partly or wholly inoperative, or 39

(

c) modified so as to reduce its effectiveness.

(3) A person shall not operate on a highway a motor vehicle in which a seat belt assembly has been replaced, unless the replacement seat belt assembly meets at least the standards required by the Motor Vehicle Safety Act (Canada) and the regulations under that Act at the time that the motor vehicle was manufactured.

PART 4 EMERGENCY AND MAINTENANCE VEHICLES Use of siren33 A siren on an emergency vehicle shall be operated only when the vehicle is being used in response to an emergency, an emergency call or an alarm. Operating and parking emergency vehicle 34(1) A driver of an emergency vehicle may, while the vehicle’s siren is operating, (

a) drive the vehicle in excess of the speed limit, (

b) proceed past a traffic control signal indicating stop or a stop sign without stopping, and (

c) contravene any other provision that is prescribed by this Act, the regulations or a municipal by-law governing the use of the highways, where, considering the circumstances, it is reasonable and safe to do so.

(2) An emergency vehicle, while its siren is operating, has the right of way over all other vehicles.

(3) Notwithstanding subsection (2), when sirens are operating on emergency vehicles, the drivers of the emergency vehicles shall drive the vehicles in such a manner so that the vehicles, with respect to each other, have the right of way in the following order: (

a) firstly, a vehicle operated by a fire protection service; (

b) secondly, an ambulance; (

c) thirdly, a vehicle operated by a police service; (

d) fourthly, a vehicle operated as a gas disconnection unit of a public utility; 40

(

e) fifthly, a vehicle designated by regulation as an emergency response unit.

(4) Where, considering the circumstances, it is reasonable and safe, an emergency vehicle may, while its flashing lights are operating, be parked contrary to any provision that is prescribed by this Act, the regulations or a municipal by-law governing the parking of motor vehicles.

(5) Where a peace officer is not present, the driver and the other personnel of an emergency vehicle, if the circumstances so require, have the powers of a peace officer under this Act with respect to traffic control and direction to the extent necessary to enable them to efficiently perform their duties. Police vehicles operating without siren 35(1) A peace officer driving a motor vehicle may, if required to do so for the purpose of carrying out the peace officer’s duties, (

a) drive the motor vehicle in excess of the speed limit, (

b) proceed past a traffic control signal indicating stop or a stop sign without stopping, and (

c) contravene any other provision that is prescribed by this Act, the regulations or a municipal by-law governing the use of the highways, while not operating a siren where, considering the circumstances, it is reasonable and safe to do so.

(2) Where, considering the circumstances, it is reasonable and safe, a peace officer may, if required to do so for the purposes of carrying out the peace officer’s duties, park a motor vehicle, while not operating any flashing lights or siren, contrary to any provision that is prescribed by this Act, the regulations or a municipal by-law governing the parking of motor vehicles. Yielding to vehicle with siren 36(1) When an emergency vehicle on which a siren is operating is overtaking, approaching or meeting another vehicle, the driver of that other vehicle shall, unless otherwise directed by a peace officer, yield the right of way to the emergency vehicle, and (

a) the driver of the other vehicle shall forthwith drive the vehicle, (

i) in the case of a highway 41

(

A) that is not divided by a median into separate roadways, or (

B) that is divided by a median into 2 separate roadways each having not more than 2 traffic lanes, to a position that is clear of any intersection and parallel to and as close as practicable to the right hand curb or edge of the roadway, (ii) in the case of a highway that is divided by a median into 2 separate roadways each having more than 2 traffic lanes, to a position that is clear of any intersection and parallel to and as close as practicable to the curb or edge of the roadway that is nearest to the driver, or (iii) in the case of a one-way highway that is not divided by a median into separate roadways, to a position that is clear of any intersection and parallel to and as close as practicable to the curb or edge of the roadway that is nearest to the driver, and stop and remain stopped in that position until the emergency vehicle has passed and the driver of the other vehicle has determined that no other emergency vehicles are approaching, or (

b) if the other vehicle is in an intersection and it is not safe or possible to clear the intersection, the driver of the other vehicle shall (

i) forthwith position the vehicle as far as practicable from the centre of the intersection so as to leave the largest direct passage possible in the circumstances for the emergency vehicle to pass, and (ii) stop and remain stopped in that position until the emergency vehicle has passed and the driver of the other vehicle has determined that no other emergency vehicles are approaching. 42

(2) A driver of a vehicle shall not, unless otherwise directed by a peace officer, follow within 100 metres of an emergency vehicle on which a siren or flashing lights, or both, are operating. (3) Subsection (2) does not apply to the driver of an emergency vehicle on which the siren or flashing lights, or both, are in operation. Maintenance, etc. vehicles on highway 37(1) Vehicles being used (

a) for highway maintenance or highway construction work, or (

b) in respect of a highway or vehicle safety program that is under the administration of the Minister, may be operated on any portion of a highway during the time that the vehicles are actually engaged for the purposes of highway maintenance or highway construction or in respect of a highway or vehicle safety program or matters related thereto.

(2) A driver of a vehicle referred to in subsection (1) and any person carrying out work in relation to that vehicle may (

a) while the vehicle is being used in accordance with subsection (1), and (

b) if it is reasonable to do so in the circumstances, contravene any provision of this Act, the regulations or a municipal by-law governing the use of the highway. Maintenance, etc. vehicles parking 38 Notwithstanding

section 87, (

a) an emergency vehicle, or (

b) a vehicle used in respect of (

i) highway maintenance or highway construction work, or (ii) a highway or vehicle safety program carried out under the administration of the Minister, may be parked on the roadway when it is necessary in the circumstances to do so for the following purposes: 43

(

c) to direct traffic; (

d) to give warning of hazards or of persons on the highway; (

e) to remove injured persons; (

f) to repair the roadway; (

g) to inspect vehicles; (

h) to check persons operating vehicles; (

i) for any similar purpose not referred to in clauses (

c) to (h). Negligence39 Nothing in this Part shall be construed to permit (

a) a driver of an emergency vehicle or a vehicle referred to in

section 37 or 38 to drive, operate or park the motor vehicle, (

b) a person to control or direct traffic, or (

c) a person to carry out work relating to a matter for which the vehicle referred to in clause (

a) is used, in a manner that, considering the circumstances, is negligent.

PART 5 OPERATION OF VEHICLES Division 1 General Observance of rules of the road 40 A driver of a vehicle shall insofar as applicable, obey the provisions of this Act governing the use of the highway as set out in this Act, except when otherwise (

a) instructed by any applicable traffic control device, or (

b) directed by a peace officer. 44

Must obey traffic control device 41 A driver of a vehicle shall obey the instructions of any applicable traffic control device. Must obey directions of peace officer 42 Notwithstanding anything in this Part, a driver of a vehicle shall obey the directions of any peace officer directing traffic. Malfunctioning traffic control device 43 If a traffic control signal is not operating or is not operating properly, a driver of a vehicle that is located on a roadway in the vicinity of the traffic control signal shall use the roadway with caution. Directions given by sign or flagmen 44 Notwithstanding anything in this Part, (

a) when (

i) a person is giving directions, or (ii) a barricade or sign is erected, on a highway for the purposes of directing traffic in connection with an accident, an emergency or any construction, repair or other work on the highway or land adjacent to the highway, or (

b) when (

i) a person is giving directions, or (ii) a sign is displayed, for the purpose of directing traffic with respect to the operation of an over-dimensional vehicle on a highway or land adjacent to a highway, a driver of a vehicle shall obey the directions given by the person or, where no person is giving directions, the directions shown on the sign or barricade. Direction of traffic contrary to rules 45 When a peace officer considers it necessary (

a) to ensure orderly movement of traffic, (

b) to prevent injury or damage to persons or property, or 45

(

c) to permit an emergency to be dealt with, the peace officer may, notwithstanding anything in this Part, direct traffic according to the peace officer’s discretion. Division 2 Speed Speed appropriate to circumstances 46 Notwithstanding that a speed limit is prescribed by or pursuant to this or any other Act in respect of a highway, a driver of a vehicle shall not drive the vehicle on that highway at any rate of speed that is unreasonable having regard to all the circumstances, including without restricting the generality of the foregoing, the following: (

a) the nature, condition and use of the highway; (

b) the atmospheric, weather or other conditions that might affect the visibility of the driver or the control of the vehicle; (

c) the amount of traffic that is or that might reasonably be expected to be on the highway; (

d) the mechanical condition of the vehicle or any equipment on the vehicle; (

e) the load, if any, being carried by the vehicle. Standard maximum speed 47(1) Except where a higher rate of speed is prescribed or set pursuant to Division 2 of

Part 1, a driver of a vehicle shall not drive the vehicle on a primary highway outside an urban area at a greater rate of speed than 100 kilometres per hour.

(2) Except where a higher rate of speed is prescribed pursuant to Division 2 of

Part i, a driver of a vehicle shall not drive the vehicle in an urban area at a greater rate of speed than 50 kilometres per hour.

(3) Notwithstanding subsection (2), a driver of a vehicle shall not drive the vehicle in an alley that is located in an urban area at a greater rate of speed than the maximum rate prescribed pursuant to

section 18.

(4) Except where a higher rate of speed is designated by signs that are erected pursuant to

section 15, a driver of a vehicle shall not drive the vehicle at a greater rate of speed than 80 kilometres per hour on the following highways: 46

(

a) a highway that is subject to the direction, control and management of (

i) the council of a municipal district, county or Metis settlement, or (ii) the Minister of Municipal Affairs in the case of a special area; (

b) a highway that is within a city where the tide to the highway is vested in the Crown in right of Alberta pursuant to

section 21 of the Public Highways Development Act; (

c) a highway that (

i) is located on an Indian reserve where the title to the highway is vested in the Crown in right of Alberta, and (ii) is not the subject of an agreement entered into pursuant to

section 13 of the Public Highways Development Act; (

d) a forestry road; (

e) a licence of occupation road; (

f) a highway located within an improvement district; (

g) a highway that is subject to the direction, control and management of the Minister of Tourism, Parks and Recreation. Posted speed limits 48(1) A driver of a vehicle shall not drive the vehicle on a highway at a greater rate of speed than the maximum rate of speed designated by the signs erected along the highway.

(2) Where a speed limit is prescribed pursuant to (

a) Division 2 of

Part 1 or

section 47 of this Act, (

b) the Government Property Traffic Act (Canada), or (

c) the National Parks Act (Canada), that speed limit applies to all that portion of the highway that lies between the point at which a sign is erected indicating the prescribed speed limit and the next point at which a sign is erected 47

indicating a greater or lesser speed or indicating that the prescribed speed limit has ceased to apply. School and playground zones 49(1) In this section, “school zone” and “playground zone” mean the portion of a highway identified by a traffic control device in the manner as prescribed by regulation as a school zone or a playground zone.

(2) On any day on which school is held, a driver of a vehicle shall not drive the vehicle within a school zone, other than a school zone referred to in subsection (4), at a rate of speed that is greater than 30 kilometres per hour during the following periods of time: (

a) the period between 8:00 a.m. and 9:30 a.m.; (

b) the period between 11:30 a.m. and 1:30 p.m.; (

c) the period between 3:00 p.m. and 4:30 p.m.

(3) A driver of a vehicle shall not drive the vehicle within a playground zone, other than a playground zone referred to in subsection (4), at a rate of speed that is greater than 30 kilometres per hour during the period of time commencing at 8:00 a.m. and terminating one hour after sunset.

(4) Where a school zone or a playground zone is identified by a traffic control device that when activated will show rapid intermittent flashes of yellow light as provided for in

section 98(5), a driver of a vehicle shall not drive the vehicle within the zone at a rate of speed that is greater than 30 kilometres per hour during any period when the traffic control device is showing rapid intermittent flashes of yellow light.

(5) When driving a vehicle in a school zone or a playground zone, a driver of a vehicle shall not pass or attempt to pass another vehicle that is moving in the same direction in the school zone or the playground zone during any period of time that the speed limit prescribed by or under this

section for the school zone or playground zone is in effect.

(6) Notwithstanding subsection (2), the council of a municipality may, for a highway in respect of which it may prescribe speed limits, increase the length of times from those referred to in subsection (2) during which the speed limit for a school zone that is located within the municipality is in effect having regard to the hours of opening and closing of the school for which the school zone exists. 48

(7) Where a council enacts a by-law under subsection (6), the council shall cause traffic control devices to be displayed identifying the hours during which the speed limit for the school zone is in effect. Slow moving vehicles 50(1) If a driver of a vehicle is driving the vehicle on a highway at a speed that is less than the normal speed of the traffic on the highway at that time and place and under the conditions then existing, the driver shall drive the vehicle (

a) in the right hand traffic lane then available for traffic, or (

b) as close as practicable to the right hand curb or edge of the roadway, except when either (

c) overtaking and passing another vehicle travelling in the same direction, or (

d) preparing for a left turn at an intersection or into a private road or driveway.

(2) If a traffic control device directs slow moving traffic to use a designated traffic lane, a driver when driving a vehicle slowly shall drive the vehicle only in that lane. Driving near centre line 51(1) Subject to this Part, where a highway that is located outside an urban area has 2 or more traffic lanes on the same side of the centre line for use by vehicles travelling in the same direction, a driver of a vehicle shall not drive the vehicle in the traffic lane nearest the centre line unless the vehicle is being driven at or near the maximum speed permitted.

(2) Notwithstanding subsection (1), a driver of a slower moving vehicle may drive the vehicle in the traffic lane nearest to the centre line for the purpose of overtaking and passing another vehicle. Travelling at too slow speed 52(1) A driver of a vehicle shall not drive the vehicle at such a slow rate of speed as to impede or block the normal and reasonable movement of traffic then existing on a highway except when it is necessary to do so for the safe operation of the vehicle or to comply with this Part. 49

(2) A driver of a vehicle shall not drive the vehicle on a highway or in traffic at a slower rate of speed than the minimum speed designated by signs erected along the highway.

(3) A peace officer may direct a driver who is driving a vehicle in contravention of this

section to do one or more of the following: (

a) increase the rate of speed at which the vehicle is travelling; (

b) remove the vehicle from the roadway; (

c) drive the vehicle in a different traffic lane.

(4) Where a peace officer gives a direction to a driver of a vehicle under subsection (3), the driver shall operate the vehicle in accordance with the direction. Division 3 Driving on Roadway Driving on right side of roadway 53(1) A driver of a vehicle shall not drive the vehicle to the left of the centre line of a highway except (

a) when overtaking and passing another vehicle travelling in the same direction; (

b) when the roadway to the right of the centre line is obstructed by a parked vehicle or other object; (

c) when the roadway to the right of the centre line is closed to traffic; (

d) when turning left off the highway onto another highway or into a private road or driveway; (

e) when a traffic control device otherwise requires or permits; (

f) when the vehicle is being operated on a one-way highway.

(2) If a highway is divided into 2 or more roadways by a boulevard, ditch or other physical barrier, a driver of a vehicle shall not drive the vehicle into, across or on the boulevard, ditch or physical barrier.

(3) If a portion of a divided highway exists between the centre line and a median, boulevard, ditch or other physical barrier, a 50

driver of a vehicle shall not drive the vehicle on that portion of the highway. Vehicular crossings 54 Except as may be provided for by a municipal by-law, a driver of a vehicle shall not drive the vehicle onto, across or on any boulevard, ditch or sidewalk except at vehicular crossings provided for that purpose. Narrow roadway 55 When the condition of a portion of a roadway is such that it is impractical or unsafe for 2 vehicles being driven in opposite directions to pass each other in a normal manner, (

a) in the case where a vehicle is being driven on that portion of the roadway, the driver of a vehicle that is approaching that portion of the roadway from the opposite direction shall (

i) stop the vehicle before entering on that portion of the roadway, and (ii) not proceed until the oncoming vehicle reaches and passes by, or (

b) in the case where 2 or more vehicles are being driven on that portion of the roadway in opposite directions and meet on that portion of the roadway, the driver of each vehicle shall (

i) stop the vehicle immediately before proceeding to pass the other vehicle, (ii) take all reasonable steps to determine whether the vehicles can pass in safety, and (iii) if necessary, assist the other driver to pass in safety. Rules for traffic lanes 56(1) When operating a vehicle on a highway, (

a) in the case where double solid lines exist between traffic lanes, a driver shall not drive the vehicle so as to cross the double solid lines from one traffic lane to another; 51

(

b) in the case of a highway in an urban area where a single solid line only exists between traffic lanes, a driver shall not drive the vehicle so as to cross the single solid line from one traffic lane to another except when overtaking and passing another vehicle; (

c) in the case of a highway outside an urban area where a single solid line only exists between traffic lanes, a driver shall not drive the vehicle so as to cross the single solid line from one traffic lane to another; (

d) in the case where a single solid line and a broken line exist together between traffic lanes, a driver (

i) shall not, except as permitted under subclause (ii), drive the vehicle so as to cross the solid line from the traffic lane next to which the solid line is located, and (ii) may only drive the vehicle so as to cross to the left over the broken and solid lines from the traffic lane next to which the broken line is located for the purpose of and when overtaking and passing another vehicle in that traffic lane and shall, as soon as that other vehicle is past, recross both lines and return to the traffic lane on the right in which the driver’s vehicle was originally travelling; (

e) in the case where (

i) the roadway consists of only 2 traffic lanes that carry traffic in opposite directions, and (ii) only one or more broken lines exist between the 2 traffic lanes, the driver may only drive the vehicle so as to cross to the left over the broken line from the driver’s traffic lane to the traffic lane carrying the oncoming traffic for the purpose of overtaking and passing another vehicle that is travelling in the right traffic lane and shall as soon as that other vehicle is passed return to the traffic lane in which the driver’s vehicle was originally travelling; (

f) in the case where 52

(

i) the roadway consists of 2 or more traffic lanes that carry traffic in one direction only, and (ii) only one or more broken lines exist between the traffic lanes, the driver may, with respect to those traffic lanes, drive the vehicle so as to cross the broken lines from one traffic lane to another traffic lane.

(2) Before driving a vehicle from one traffic lane into another or from a curb lane or a parking lane into a traffic lane, a driver shall (

a) signal the driver’s intention to do so in the manner prescribed by the regulations, and (

b) give the signal in sufficient time to provide a reasonable warning to other persons of the driver’s intentions.

(3) Notwithstanding subsection (1) and unless prohibited by a traffic control device, a driver of a vehicle may drive the vehicle on a highway so as to cross a single solid line or, if outside an urban area, a double solid line for the following purposes: (

a) when necessary to turn left onto a highway or into a private road or driveway; (

b) when necessary on entering the highway from a private road or driveway; (

c) when necessary to enter a parking lane on the right side of the centre line.

(4) Notwithstanding anything in this section, when the movement cannot be made in safety, the driver of a vehicle shall not do the following: (

a) drive the vehicle from one traffic lane to another; (

b) drive the vehicle so as to cross a solid or broken line; (

c) drive the vehicle from a curb lane into a traffic lane; (

d) drive the vehicle from a parking lane into a traffic lane. 53

(5) When a highway has been divided into traffic lanes by clearly visible lines marked on the road surface, the driver of a vehicle other than a cycle shall drive the vehicle as closely as practical in the centre of the traffic lane so marked.

(6) A driver of a vehicle shall not drive the vehicle in such a manner so as to occupy space in 2 traffic lanes (

a) except during the act of passing another vehicle or changing lanes, or (

b) unless road conditions make the use of a single traffic lane impractical. Three-lane highways 57(1) Where a roadway consists of 3 traffic lanes, a driver of a vehicle shall not drive the vehicle in the centre traffic lane except for the following purposes: (

a) when passing another vehicle travelling in the same direction; (

b) when approaching an intersection where the driver intends to turn left; (

c) when a traffic control device otherwise permits. (2) Subsection (1) does not apply to a one-way highway. One-way highways 58 Where a driver of a vehicle drives the vehicle on a one-way highway, the driver shall only drive the vehicle in the direction designated by the signs erected on or along the highway. Driving on shoulder 59(1) A driver of a motor vehicle shall not drive the vehicle onto or along the shoulder, other than a parking lane, of a highway except (

a) where permitted to do so by a traffic control device, (

b) for the purpose of parking the vehicle on the shoulder where the parking of a vehicle on the shoulder is permitted, or (

c) to allow faster moving vehicles to pass in the adjacent traffic lane.

(2) Where a driver of a motor vehicle drives the vehicle onto or along the shoulder to allow faster moving vehicles to pass in the adjacent traffic lane, the driver shall drive the vehicle back onto the 54

adjacent traffic lane once the faster moving vehicles have passed by. Division 4 Overtaking and Passing Following other vehicles 60(1) A driver of a vehicle shall not drive the vehicle so as to follow another vehicle more closely than is reasonable and prudent having regard for the following: (

a) the speed of the vehicles; (

b) the amount and nature of traffic on the highway; (

c) the condition of the highway.

(2) Other than in a funeral procession, a driver driving a vehicle in a caravan or motorcade on a highway outside an urban area, hamlet or a built-up area along the highway shall leave sufficient space between the driver’s vehicle and the other vehicles in the caravan or motorcade so as to enable a vehicle to enter and occupy that space without danger. Passing on hills, etc. 61

(1) Unless a traffic control device otherwise directs or permits, a driver of a vehicle shall not drive the vehicle so as to pass or attempt to pass another vehicle travelling in the same direction, (

a) when proceeding uphill, (

b) when on a curve in the highway, or (

c) when approaching within 30 metres of or traversing a level railway crossing. (2) Subsection (1) does not apply where (

a) there are 2 or more traffic lanes on the same side of the centre line for vehicles proceeding in the same direction, and (

b) the driver of a vehicle intending to pass another vehicle can do so by continuing to drive the vehicle on the right hand side of the centre line.

(3) Notwithstanding subsection (1), where a curve or grade on a highway is divided into traffic lanes by a broken fine or by a broken line and a solid line existing together, a driver of a vehicle may drive the vehicle past another vehicle on the curve or grade 55

if the driver drives the vehicle so as to cross the solid line from the lane next to which the broken line is located. Passing when meeting oncoming vehicle 62 A driver of a vehicle shall not drive the vehicle to or on the left of the centre line of a highway while overtaking and passing another vehicle or an obstruction unless (

a) the view along the left side is unobstructed, and (

b) the left side is free of oncoming and overtaking traffic, for a sufficient distance to permit the overtaking and passing to be completely made without interfering with the safe operation of another vehicle. Overtaking and passing 63(1) Subject to

section 64, a driver of a vehicle that is overtaking another vehicle (

a) shall, at a safe distance, pass to the left of the other vehicle, and (

b) shall not return the overtaking vehicle to the right side of the roadway until safely clear of the overtaken vehicle whereupon the driver shall return the overtaking vehicle to the right side of the roadway.

(2) Except when overtaking and passing on the right is permitted, a driver of a vehicle that is being overtaken by another vehicle (

a) shall give way to the right in favour of the overtaking vehicle, and (

b) shall not increase the speed of the overtaken vehicle until the overtaken vehicle is completely passed by the overtaking vehicle. Overtaking and passing on the right 64(1) A driver of a vehicle may drive the vehicle so as to overtake and pass on the right of another vehicle (

a) when the vehicle being overtaken is making a left turn or its driver has signalled the driver’s intention to make a left turn, or (

b) in the case of a one-way highway, where the roadway 56

(

i) is of sufficient width for 2 or more lines of moving vehicles, and (ii) is free from obstructions.

(2) Where a highway has 2 or more traffic lanes on the same side of the centre line for vehicles travelling in the same direction, a driver of a vehicle that is (

a) overtaking another vehicle travelling in the same direction may drive the overtaking vehicle so that the overtaking vehicle will pass on the right or left of the other vehicle if there is a traffic lane available for passing to the right or the left of the traffic lane being used by the vehicle being overtaken, or (

b) being overtaken by another vehicle travelling in the same direction shall keep the vehicle being overtaken in the traffic lane in which the driver is driving so as to allow the overtaking vehicle free passage in the traffic lane to the right or the left of the traffic lane in which the vehicle being overtaken is travelling. Restrictions on overtaking and passing 65(1) Notwithstanding anything in this Part, a driver of a vehicle shall not drive the vehicle so as to overtake and pass or attempt to overtake or to pass another vehicle (

a) by driving off the roadway, (

b) by driving in a parking lane or shoulder, or (

c) when the movement cannot be made safely.

(2) Nothing in subsection (1)(

b) shall be construed so as to prohibit a driver of a motor vehicle from (

a) driving the vehicle in a parking lane where the parking lane is unobstructed, or (

b) driving the vehicle over onto a parking lane to allow faster moving traffic to pass in the adjacent traffic lane. 57

Division 5 Turns Signalling for turns 66(1) Before turning a vehicle to the left or right, the driver of the vehicle shall (

a) signal the driver’s intention to do so in a manner prescribed by the regulations, and (

b) give the signal in sufficient time to provide a reasonable warning to other persons of the intention of the driver.

(2) Notwithstanding subsection (1), a driver of a vehicle shall not turn the vehicle unless the turn can be made safely. Right turns67(1) For the purpose of making a right turn with a vehicle from a 2-way highway onto another 2-way highway, the driver of the vehicle shall, unless a traffic control device otherwise directs or permits, (

a) drive the vehicle as closely as practicable to the right curb or edge of the roadway while approaching the intersection, (

b) turn the vehicle to the right at the intersection, and (

c) leave the intersection on completing the turn by driving the vehicle as closely as practicable to the right curb or edge of the roadway then entered.

(2) For the purpose of making a right turn with a vehicle when entering or leaving a one-way highway, the driver of the vehicle shall, unless a traffic control device otherwise directs or permits, drive the vehicle as closely as practicable to the right curb or edge of the roadway when entering and leaving the intersection.

(3) Where (

a) a highway is divided into traffic lanes, and (

b) a driver of a vehicle is approaching an intersection and intending to make a right turn with the vehicle, the driver, for the purpose of making the right turn, (

c) shall drive the vehicle in the traffic lane nearest to the right hand side of the roadway, and 58

(

d) may pass any other vehicle travelling in the same direction in a traffic lane to the left of the driver, unless a traffic control device otherwise directs or permits.

(4) A driver of a vehicle that is approaching an intersection and who is intending to turn right with the vehicle shall, wherever practicable, drive the vehicle into the position required by this

section at least 15 metres before reaching that intersection. Left turns68(1) For the purpose of making a left turn with a vehicle from a 2-way highway onto another 2-way highway, the driver of the vehicle shall, unless a traffic control device otherwise directs or permits, (

a) drive the vehicle to the right side of and as closely as practicable to the centre line of the highway while approaching the intersection, (

b) turn the vehicle to the left at the intersection, and (

c) leave the intersection on completing the turn by driving the vehicle to the right side of and as closely as practicable to the centre line of the highway then entered.

(2) For the purpose of making a left turn with a vehicle from a 2-way highway onto a one-way highway, the driver of the vehicle shall, unless a traffic control device otherwise directs or permits, (

a) drive the vehicle to the right side of and as closely as practicable to the centre line of the 2-way highway where it enters the intersection, (

b) turn the vehicle to the left at the intersection, and (

c) leave the intersection on completing the turn by driving the vehicle as closely as practicable to the left hand side of the one-way highway entered.

(3) For the purpose of making a left turn with a vehicle from a one-way highway onto a 2-way highway, the driver of the vehicle shall, unless a traffic control device otherwise directs or permits, (

a) drive the vehicle as closely as practicable to the left side of the one-way highway where it enters the intersection, (

b) turn the vehicle to the left at the intersection, and 59

(

c) leave the intersection on completing the turn by driving the vehicle to the right side of and as closely as practicable to the centre line of the 2-way highway entered.

(4) For the purpose of making a left turn with a vehicle from a one-way highway onto another one-way highway, the driver of the vehicle shall, unless a traffic control device otherwise directs or permits, (

a) drive the vehicle as closely as practicable to the left hand side of the one-way highway where it enters the intersection, (

b) turn the vehicle to the left at the intersection, and (

c) leave the intersection on completing the turn by driving the vehicle as closely as practicable to the left hand side of the other one-way highway entered.

(5) A driver of a vehicle that is approaching an intersection and who is intending to turn left with the vehicle shall, wherever practicable, drive the vehicle into the position required by this

section at least 15 metres before reaching that intersection. Directional arrows 69(1) When a traffic lane is marked by a traffic control device showing a directional arrow or arrows with or without accompanying words, a driver of a vehicle travelling in that traffic lane shall make only the movement indicated or permitted by the traffic control device at the intersection or other place to which the traffic control device applies.

(2) When a traffic lane is marked by a traffic control device prohibiting a turn, a driver of a vehicle travelling in that traffic lane and approaching the traffic control device shall not make the turn that is prohibited by the device.

(3) A driver of a vehicle that approaches a traffic control device showing a downward pointing illuminated green arrow symbol marking the traffic lane in which the vehicle is travelling may continue to drive the vehicle in that traffic lane.

(4) A driver of a vehicle that approaches a traffic control device showing an illuminated red “X” symbol marking the traffic lane in which the vehicle is travelling shall not drive the vehicle into or continue to drive the vehicle in that traffic lane. 60

Division 6 U-Turns

Interpretation70 The turns referred to in this Division include what are commonly known as “U-turns”. Must be done in safety 71(1) A driver of a vehicle shall not turn the vehicle so as to proceed in the opposite direction unless the driver can do so in safety and without interfering with other traffic.

(2) A driver of a vehicle shall not turn the vehicle so as to proceed in the opposite direction (

a) on a curve, or (

b) on the approach to or near the crest of a grade, if the vehicle cannot be seen by the driver of another vehicle approaching within 150 metres from either direction. Restrictions on making U-turn 72 A driver of a vehicle shall not turn the vehicle so as to travel in the opposite direction at the following locations: (

a) in the case of an urban area, (

i) on a roadway between intersections, or (ii) at an alley intersection; (

b) in the case of an urban area or a non-urban area, (

i) at a place where a sign prohibits making a U-turn, or (ii) at an intersection controlled by a traffic control signal unless specifically permitted by a traffic control device. U-turns by school bus 73 The driver of a school bus shall not do the following: (

a) make a U-turn with the school bus on any highway other than on a 4-lane divided highway; (

b) make a U-turn with a school bus on a 4-lane divided highway if the total length of the school bus exceeds the shortest distance separating the traffic lanes for 61

traffic proceeding in one direction from the traffic lanes for traffic proceeding in the opposite direction; (

c) make a U-turn with a school bus on a 4-lane divided highway unless, before completing the turn, the driver brings the school bus to a stop on the cross-road across the median so that no part of the bus projects over the traffic lanes on either side of the centre strip of the divided highway. Division 7 Backing Up Must be done in safety, etc. 74 A driver of a vehicle shall not drive the vehicle in reverse (

a) unless the movement can be made in safety, or (

b) if the movement interferes or would interfere with other traffic on the highway. Prohibition75 In an urban area a driver of a vehicle shall not drive the vehicle in reverse into an intersection or crosswalk. Division 8 Yielding and Stopping Right of way at intersections 76(1) Except as otherwise provided in this Part, when 2 vehicles approach or enter an intersection from different highways at approximately the same time, the driver of the vehicle to the left shall yield the right of way to the vehicle on the right.

(2) A driver of a vehicle shall not turn or attempt to turn the vehicle to the left across the path of an approaching vehicle unless the turn can be completed in safety. “T” intersection 77 A driver who is driving a vehicle on a highway that joins onto another highway at a “T” intersection shall before driving the vehicle into the “T” intersection yield the right of way to any other vehicle that is travelling on the through highway and proceeding through the “T” intersection. 62

Parking lots78 When 2 vehicles approach or enter an intersection from different highways within a parking lot at approximately the same time, the driver of the vehicle that is travelling on the portion of the highway that intersects with the through highway shall yield the right of way to the vehicle on the through highway. Signalling stops 79 Before stopping a vehicle, the driver of the vehicle shall (

a) signal the driver’s intention to do so in such manner as may be prescribed by the regulations, and (

b) give the signal in sufficient time to provide a reasonable warning to other persons of the driver’s intention. Stopping before entering highway 80(1) In this section, “street” means a street within the meaning of the Public Highways Development Act.

(2) A driver of a vehicle that is about to enter (

a) onto a primary highway or street from a road, service road, alley or driveway, or (

b) into an alley or onto a road from a driveway, shall, unless the intersection of the 2 roadways is marked with a “yield” sign or a “merge” sign, bring the vehicle to a stop (

c) before entering on the intersecting roadway and at a point no further than 3 metres back from the intersecting roadway, or (

d) in the case where there is (

i) a marked crosswalk on the near side of the intersection, immediately before entering on the crosswalk, or (ii) a marked stop line on the near side of the intersection, at the stop line.

(3) Notwithstanding subsection (2), a driver of a vehicle (

a) that is emerging from an alley or driveway shall (

i) stop the vehicle before driving onto a sidewalk or a sidewalk crossing, and 63

(ii) yield the right of way to any pedestrian on the sidewalk or sidewalk crossing, or (

b) that is entering an alley or driveway shall yield the right of way to any pedestrian on a sidewalk or sidewalk crossing. Stop signs81 A driver of a vehicle that is about to enter onto a highway from another highway that is marked by a “stop” sign shall bring the vehicle to a stop (

a) before entering on the intersecting roadway and at a point no further than 3 metres back from the intersecting roadway, or (

b) in the case where there is (

i) a marked crosswalk on the near side of the intersection, immediately before entering on the crosswalk, or (ii) a marked stop line on the near side of the intersection, at the stop line. Proceeding after stopping 82 When a driver of a vehicle is required to stop the vehicle pursuant to

section 80 or 81, the driver (

a) shall not cause the vehicle to proceed until the condition of the traffic on the highway being entered on is such that the vehicle can enter onto the highway in safety, and (

b) shall yield the right of way to all vehicles and pedestrians approaching the driver’s vehicle and that are on the highway being entered. Yield signs83 A driver of a vehicle that is about to enter onto a highway that is marked by a “yield” sign need not stop the vehicle before entering onto the highway but the driver shall yield the right of way to all vehicles and pedestrians that are on the highway being entered and approaching the driver’s vehicle. 64

Traffic circles84 Unless otherwise directed by a traffic control device, a driver of a vehicle that is travelling in a traffic circle shall yield the right of way to any other vehicle that is in the circle and that is travelling to the left of the driver’s vehicle. Yielding to pedestrians 85(1) A driver of a vehicle shall yield the right of way to a pedestrian crossing the roadway within a crosswalk.

(2) Where a vehicle is stopped at a crosswalk to permit a pedestrian to cross the roadway, the driver of any other vehicle that is approaching the stopped vehicle from the rear shall not overtake and pass the stopped vehicle.

(3) At any place on a roadway other than at a crosswalk, the driver of a vehicle has the right of way over pedestrians unless otherwise directed by a peace officer or a traffic control device.

(4) Nothing in subsection (3) relieves a driver of a vehicle from the duty of exercising due care for the safety of pedestrians. Railway crossing 86(1) For the purposes of this

section a railway train is approaching a railway crossing if (

a) a clearly visible electrical or mechanical signal device gives warning of the approach of a railway train, (

b) a crossing gate is lowered or a flagman is giving a signal of the approach or passage of a railway train, (

c) a railway train (

i) is within approximately 500 metres of the crossing, (ii) is approaching the crossing, and (iii) either sounds an audible signal or is visible, or (

d) a railway train is visible and approaching the crossing and by reason of its speed or nearness is an immediate hazard.

(2) Where a railway train is approaching a railway crossing, the driver of a vehicle that is approaching the railway crossing 65

(

a) shall stop the vehicle no closer than 5 metres back from the nearest rail of the railway, and (

b) shall not proceed to drive the vehicle across the railway crossing until the train has passed by the railway crossing or has come to a stop and the vehicle can be driven in safety across the railway crossing.

(3) Where a driver of a vehicle has stopped the vehicle at a railway crossing pursuant to subsection (2) but the approaching railway train (

a) is travelling so slowly, and (

b) is sufficiently far from the railway crossing, so as not to be a hazard to the vehicle, the driver may, notwithstanding subsection (2)(b), proceed to drive the vehicle across the railway crossing if the driver is able to do so in safety.

(4) A driver of a vehicle shall not drive the vehicle through, around or under a crossing gate or barrier at a railway crossing while the gate or barrier is closed or is being opened or closed.

(5) If a stop sign is erected at a railway crossing, the driver of a vehicle that is approaching the railway crossing (

a) shall stop the vehicle no closer than 5 metres and no further than 15 metres back from the nearest rail of the railway, and (

b) shall not proceed to drive the vehicle across the railway crossing until the vehicle can be driven in safety across the railway crossing.

(6) In the case of a railway crossing that is not controlled by a traffic control signal, the driver of a vehicle that (

a) is a school bus, or (

b) is carrying dangerous goods under the Transportation of Dangerous Goods Control Act, shall stop the vehicle no closer than 5 metres or further than 15 metres back from the nearest rail of the railway and (

c) remaining stopped, shall listen and look in both directions along the railway for an approaching 66

railway train and for signals indicating the approach of a railway train, (

d) shall not proceed to drive the vehicle across the railway crossing until it is safe to do so, and (

e) in the case of a school bus, shall before proceeding to drive the school bus across the railway crossing (

i) open the front door of the bus, and (ii) if practicable to do so with one hand, also open the window of the bus that is located immediately to the left of the driver. (7) Subsection (6) does not apply when a peace officer or a flagman otherwise directs.

(8) The council of a city may, by by-law, provide that subsection (6) does not apply to all or any railway crossings located within the city.

(9) When a driver of a vehicle has stopped the vehicle in accordance with this section, the driver (

a) shall drive the vehicle across the railway tracks with the vehicle in a gear that will not need to be changed while crossing the tracks, and (

b) shall not shift gears of the vehicle while crossing the railway tracks.

(10) Except where required to stop a vehicle pursuant to this section, the driver of a vehicle shall not, in respect of a railway crossing that is located on a highway outside of an urban area and that is controlled by a traffic control signal, stop or park the vehicle within 50 metres of the nearest rail of the railway. Division 9 Parking and Stationary Vehicles Parking outside of an urban area 87(1) This

section only applies to a highway that is outside of an urban area.

(2) A driver of a vehicle shall not park the vehicle on a roadway when it is practicable to park the vehicle off the roadway. 67

(3) Notwithstanding subsection (2), a driver of a vehicle shall not park the vehicle on the roadway, parking lane or shoulder of a primary highway except where (

a) the vehicle is incapable of moving under its own power, (

b) an emergency arises, or (

c) it is otherwise permitted by law.

(4) Where a driver of a vehicle must park the vehicle on a roadway, that driver shall only do so if there is (

a) a clear and unobstructed space opposite the vehicle for free passage of other vehicles on the roadway, and (

b) a clear view of the parked vehicle for a distance of 60 metres along the roadway in both directions.

(5) Where a vehicle is on a highway, the driver of the vehicle shall not allow the vehicle to remain at a standstill for longer than one minute at any place that is within 10 metres of the point of intersection of that highway with any other highway.

(6) Notwithstanding this section, the driver of a vehicle, (

a) in the case of a vehicle operated by a public utility, may park the vehicle on the roadway when it is advisable or necessary to do so for the purpose of the construction, repair, maintenance or inspection of public utility facilities that are located adjacent to, along, over or under the highway, (

b) in the case of a school bus, may park the school bus on the roadway for the purpose of loading or unloading passengers if the driver cannot park the school bus off the roadway and still have a suitable space available on the ground for the passengers being loaded or unloaded, or (

c) in the case of a pilot or trail vehicle escorting an over-dimensional vehicle on a highway, may park the pilot or trail vehicle on the roadway while the driver performs the duties of a flagman with respect to the movement of the over-dimensional vehicle. 68

Parking restrictions 88 A driver of a vehicle shall not, unless (

a) required or permitted by this Act or by a traffic control device, (

b) in compliance with the directions of a peace officer, or (

c) to avoid conflict with other traffic, stop or park the vehicle at the following locations: (

d) on a sidewalk or boulevard; (

e) on a crosswalk or on any part of a crosswalk; (

f) within an intersection other than immediately next to the curb in a “T” intersection; (

g) at an intersection nearer than 5 metres to the projection of the comer property line immediately ahead or immediately to the rear, except when the vehicle is parked in a space where a parking meter or other traffic control device indicates parking is permitted; (

h) in the case of an approach to a stop sign or yield sign, within 5 metres from the stop sign or yield sign; (

i) within 5 metres from any fire hydrant, or when the hydrant is not located at the curb, within 5 metres from the point on the curb nearest the hydrant; (

j) within 1.5 metres from an access to a garage, private road or driveway or a vehicle crossway over a sidewalk; (

k) within 5 metres from the near side of a marked crosswalk; (

l) alongside or opposite any street excavation or obstruction when the stopping or parking would obstruct traffic; (

m) on any bridge or in any subway or on the approaches to either of them; 69

(

n) at any place where a traffic control device prohibits stopping or parking, during the times stopping or parking is so prohibited; (

o) on the roadway side of a vehicle parked or stopped at the curb or edge of the roadway; (

p) at or near the site of any fire, accident or other emergency, if stopping or parking would obstruct traffic or hinder emergency vehicles or peace officers, firemen, ambulance drivers or assistants or rescue officers or volunteers; (

q) if a portion of a divided highway exists between the centre line and a median, boulevard, ditch or other physical barrier, on that portion of the divided highway. Parallel parking 89(1) When parking a vehicle on a roadway, the driver of the vehicle may only park the vehicle (

a) with (

i) the sides of the vehicle parallel to the curb or edge of the roadway, and (ii) the right hand wheels of the vehicle not more than 500 millimetres from the right hand curb or edge of the roadway, or (

b) in the case of a one-way highway where parking on either side is permitted, with (

i) the wheels that are the closest to a curb or edge of the roadway not more than 500 millimetres from that curb or edge, and (ii) the vehicle facing the direction of travel authorized for the highway.

(2) This

section does not apply where angle parking is permitted or required. 70

Angle parking90(1) When (

a) a sign indicates that angle parking is permitted or required, and (

b) parking guide lines are visible on the roadway, a driver of a vehicle may only park the vehicle with (

c) the vehicle’s sides between and parallel to any 2 of the guide lines, and (

d) one front wheel not more than 500 millimetres from the curb or edge of the roadway.

(2) When (

a) a sign indicates that angle parking is permitted or required, and (

b) no parking guide lines are visible on the roadway, a driver of a vehicle may only park the vehicle with (

c) the vehicle’s sides at an angle of between 30 and 60 degrees to the curb or edge of the roadway, and (

d) one front wheel not more than 500 millimetres from the curb or edge of the roadway. Parking on hills 91 A driver of a vehicle shall not permit the vehicle that the driver was driving to stand unattended on any grade or slope without (

a) turning the front wheels of the vehicle towards the nearest curb or edge of the roadway in such a manner so as to impede any movement of the vehicle, and (

b) effectively (

i) setting the vehicle’s parking brake, or (ii) if the vehicle is not equipped with a parking brake or the parking brake is not operating properly, blocking the wheels. 71

Vehicle on jack 92 A driver of a vehicle shall not leave the vehicle that the driver was driving unattended on a highway if (

a) the vehicle is on a jack or a similar device, and (

b) one or more wheels have been removed from the vehicle or part of the vehicle is raised. Stationary vehicles less than 4500 kilograms 93(1) This

section applies only to vehicles registered pursuant to the Motor Vehicle Administration Act for a gross weight of less than 4500 kilograms.

(2) If a vehicle is stationary on a highway outside of an urban area (

a) during the period of time commencing 1/2 hour before sunset and terminating 1/2 hour after sunrise, or (

b) at any time when there is not sufficient light to clearly see persons or vehicles on the highway at a distance of at least 150 metres, the driver of the vehicle shall (

c) forthwith cause the vehicle hazard warning lamps and the other lighting equipment, other than the headlamps, to be put into operation, and (

d) ensure that the reflectors with which the vehicle is equipped are clean and unobstructed. Stationary vehicles 4500 kilograms or over, etc. 94(1) This

section applies only to vehicles registered pursuant to the Motor Vehicle Administration Act for a gross weight of not less than 4500 kilograms.

(2) When, during the period of time commencing 1/2 hour after sunrise and terminating 1/2 hour before sunset, a vehicle is stationary on a highway outside of an urban area, the driver of the vehicle shall forthwith (

a) cause the vehicle hazard warning lamps on the vehicle to be activated, and (

b) place approved warning devices on the highway in line with the vehicle (

i) at a distance of approximately 30 metres behind the vehicle, and 72

(ii) in the case of a 2-way highway that is not divided, at a distance of approximately 30 metres in front of the vehicle.

(3) If a vehicle is stationary on a highway outside of an urban area, (

a) during the period of time commencing 1/2 hour before sunset and terminating 1/2 hour after sunrise, or (

b) at any time when there is not sufficient light to clearly see persons or vehicles on a highway at a distance of at least 150 metres, the driver of the vehicle shall, (

c) where the lighting equipment on the vehicle that is required under this Act is not functional, forthwith place approved warning devices on the highway in line with the vehicle, (

i) at a distance of approximately 75 metres behind the vehicle, and (ii) in the case of a 2-way highway that is not divided, at a distance of approximately 75 metres in front of the vehicle, and (

d) where the lighting equipment on the vehicle that is required under this Act is functional, (

i) forthwith cause the vehicle hazard warning lamps and the lighting equipment, other than the headlamps, to be put into operation, and (ii) within 10 minutes from the time that the vehicle became stationary, place an approved warning device on the highway in line with the vehicle (

A) at a distance of approximately 75 metres behind the vehicle, and (

B) in the case of a 2-way highway that is not divided, at a distance of approximately 75 metres in front of the vehicle. 73

(4) Subsections (2) and (3) do not apply to a bus, taxi or livery if (

a) that vehicle is stopped on a highway outside of an urban area for the purpose of loading or unloading passengers, luggage, goods or express onto or off of the vehicle, and (

b) while stopped the driver has activated the vehicle’s vehicle hazard warning lamps.

(5) Notwithstanding subsection (1), a council of a municipality may, with respect to any bus, taxi or livery or any class of bus, taxi or livery that is stopped on a highway in an urban area for the purpose of loading or unloading passengers, luggage, goods or express onto or off of the vehicle, by by-law require the driver of the vehicle to activate the vehicle’s vehicle hazard warning lamps during the period of time that the vehicle is stopped.

Division 10 Merging Entering onto highway 95 A driver of a vehicle who is about to drive the vehicle onto an intersecting highway from another highway that is marked by a “merge” sign need not stop the vehicle before driving the vehicle onto the intersecting highway but shall take all necessary precautions and merge the vehicle safely with the traffic on the intersecting highway.

Allow merging96 A driver of a vehicle that is on a highway that is marked by a “merging traffic” sign near the intersection of another highway marked by a “merge” sign shall take all reasonable precautions to allow a merging vehicle to enter in safety onto the highway on which the merging is to take place. Division 11 Traffic Lights Green traffic lights97(1) When, at an intersection, a green light alone is shown by a traffic control signal, the driver of a vehicle that is facing the green light may (

a) drive the vehicle straight through the intersection, or (

b) turn the vehicle left or right, subject to any sign or signal prohibiting a left or right turn, or both, or designating the turning movement permitted, 74

but shall yield the right of way (

c) to any pedestrians that are lawfully within the intersection or an adjacent crosswalk at the time that the green light is shown, and (

d) to any other vehicles that are lawfully within the intersection at the time that the green light is shown.

(2) When, at a place other than an intersection, a green light alone is shown by a traffic control signal, the driver of a vehicle that is facing the green light (

a) may drive the vehicle past the signal, but (

b) shall yield the right of way to any pedestrian that is still in the roadway or on a crosswalk in the vicinity of the signal at the time that the green light is shown.

(3) When, at an intersection, a green arrow is shown by a traffic control signal, the driver of a vehicle that is facing the green arrow (

a) may drive the vehicle into the intersection, and (

b) on entering the intersection, shall make only the movement that is indicated by the green arrow, but shall yield the right of way (

c) to any pedestrians that are lawfully within the intersection or within an adjacent crosswalk, and (

d) to any other vehicles that are lawfully within the intersection.

(4) When, at an intersection, a green arrow and a red light are shown at the same time by a traffic control signal, the driver of a vehicle that is approaching the intersection and facing the green arrow and red light (

a) may, without stopping, drive the vehicle into the intersection, and (

b) on entering the intersection shall make only the movement indicated by the green arrow, but shall yield the right of way 75

(

c) to any pedestrians that are lawfully within the intersection or within an adjacent crosswalk, and (

d) to any other vehicles that are lawfully within the intersection.

(5) When, at an intersection, rapid intermittent flashes of green light are shown by a traffic control signal, the driver of a vehicle that is facing the flashes of green light has the right of way over any vehicles that are facing the driver from across the intersection and the driver (

a) may drive the vehicle into the intersection and on entering the intersection turn left while the light is flashing, or (

b) may drive the vehicle straight through the intersection or turn right while the light is flashing, but shall yield the right of way (

c) to any pedestrians that are lawfully within the intersection or within an adjacent crosswalk at the time the flashing green light is shown, and (

d) to any other vehicles that are lawfully within the intersection at the time the flashing green light is shown.

(6) This

section does not apply so as to prohibit a driver of a bus that forms part of the municipal bus system of a municipality from turning the bus at an intersection in the direction determined by the transportation officials of the municipality. Yellow traffic lights 98(1) When, at an intersection, a yellow light is shown by a traffic control signal at the same time as or following the showing of a green light, the driver of a vehicle that is approaching the intersection and facing the yellow light shall not, unless the vehicle cannot be stopped in a safe manner, drive the vehicle into (

a) the marked crosswalk on the near side of the intersection, or (

b) if there is no marked crosswalk, the intersection.

(2) When, at a place other than an intersection, a yellow light is shown by a traffic control signal at the same time as or following the showing of a green light, the driver of a vehicle that is 76

approaching the signal shall not, unless the vehicle cannot be stopped in a safe manner, drive the vehicle into (

a) the area that is subject to the signal, or (

b) the nearest crosswalk that is in the vicinity of the signal.

(3) When, at an intersection, rapid intermittent flashes of yellow light are shown by a traffic control signal, the driver of a vehicle that is facing the flashes of yellow light may drive the vehicle into the intersection but shall only proceed to do so with caution and shall yield the right of way (

a) to any pedestrians that are lawfully within the intersection or an adjacent crosswalk, and (

b) to any other vehicles that are lawfully within the intersection.

(4) When, at a place other than an intersection, rapid intermittent flashes of yellow light are shown by a traffic control signal, the driver of a vehicle that is approaching the signal (

a) may, with caution, drive the vehicle past the signal, but (

b) shall yield the right of way to any pedestrians that are lawfully in the roadway or on a crosswalk that is in the vicinity of the signal.

(5) When, at an intersection or other place, rapid intermittent flashes of yellow light are shown together with a sign reading or symbol indicating “school zone”, “playground zone”, “school crossing”, “pedestrian crossing”, “pedestrian zone” or other wording or symbol indicating a pedestrian hazard, the driver of a vehicle that is approaching the signal may, with caution, drive the vehicle (

a) across the intersection, or (

b) if at a place other than an intersection, past the sign, but when so doing (

c) shall not drive the vehicle across the intersection or past the sign at a rate of speed that is greater than 30 kilometres per hour, and 77

(

d) shall yield the right of way to any pedestrians that are in the intersection or on the roadway that is in the vicinity of the sign or signal. Red traffic lights 99(1) When, at an intersection, a red light alone is shown by a traffic control signal, the driver of a vehicle that is approaching the intersection and facing the red light (

a) shall stop the vehicle (

i) immediately before the marked crosswalk that is on the near side of the intersection, or (ii) if there is not any marked crosswalk, then immediately before the intersection, and (

b) shall not, until a traffic control signal instructs the driver that the driver is permitted to do so, drive the vehicle (

i) across the marked crosswalk and into the intersection, or (ii) if there is not any marked crosswalk, into the intersection.

(2) Notwithstanding subsection (1), unless a traffic control device prohibits a right turn from being made on the red light, a driver of a vehicle may turn the vehicle and proceed right at the intersection if the driver first stops the vehicle and yields the right of way (

a) to any pedestrians that are lawfully in the intersection, and (

b) to any vehicles that are lawfully in or approaching the intersection.

(3) Notwithstanding subsection (1), at the intersection of 2 one way streets, a driver of a vehicle may, unless a traffic control device otherwise directs or prohibits a left turn from being made on the red light, turn the vehicle and proceed left at the intersection, if the driver first stops and yields the right of way (

a) to any pedestrians that are lawfully in the intersection, and 78

(

b) to any vehicles that are lawfully in or approaching the intersection.

(4) When, at a place other than an intersection, a red light is shown by a traffic control signal, the driver of a vehicle that is approaching the signal (

a) shall stop the vehicle before reaching the signal or the nearest marked crosswalk, if any, whichever is closer, and that is in the vicinity of the signal, and (

b) shall not, until a traffic control signal instructs the driver that the driver is permitted to do so, drive the vehicle (

i) past the signal, or (ii) if there is a marked crosswalk, across the marked crosswalk and past the signal.

(5) When, at an intersection, rapid intermittent flashes of red light are shown by a traffic control signal, the driver of a vehicle that is approaching the intersection and facing the flashes of red light (

a) shall stop the vehicle (

i) immediately before the marked crosswalk on the near side of the intersection, or (ii) if there is no marked crosswalk, immediately before the intersection, and (

b) shall not drive the vehicle into the intersection until it is safe to do so.

(6) When, at a place other than an intersection, rapid intermittent flashes of red light are shown by a traffic control signal, the driver of a vehicle that is approaching the signal, (

a) shall stop the vehicle (

i) immediately before reaching the signal, or (ii) if there is a crosswalk in the vicinity of the signal, immediately before entering the crosswalk, and 79

(

b) may drive the vehicle past the signal and across the crosswalk, if any, (

i) after having stopped the vehicle, and (ii) if the pedestrian traffic that is located in the roadway or, if there is a marked crosswalk in the vicinity of the signal, the crosswalk is such that the vehicle can proceed with safety.

(7) When, at an intersection, an amber light in the shape of a “T” or an “I” on a dark b

Document details

Collection	Alberta — Bills
Citation	L22 S4 2405
Type	bill
Volume / chapter	L22 S4 2405
Language	en
Format	json
Source	PROVINCIAL
Identifier	1bcaa98717a5814d68229f4724059fa3ab5763fc

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