1972 Bill 60 First Session, 17th Legislature, 21 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 60 The Highway Traffic Amendment Act, 1972 THE MINISTER OF HIGHWAYS AND TRANSPORT First Reading Second Reading Third Reading .. Printed by L. S. Wall, Queen's Printer, Edmonton

BILL 60 1972 THE HIGHWAY TRAFFIC AMENDMENT ACT, 1972 ( Assented to , 1972) HER MAJESTY, by and with the advi0e and consent of the Legis;},ative Assembly of Alberta, enacts as foi}!lows: 1. The Highway Traffic Act is hereby amended.

Section 2 is amended (

a) by striking out clause 22 and by substituting there­ for the following: 22. "peace officer" means a member of the Royal Canadian Mounted Police, a member of a municipal police force or a member of the En­ forcement Division of the Motor Vehicle Branch of the Department of Highways and Transport; (

b) as to clause 32 by striking out the words "road building machinery" and by substituting therefor the words "machinery or equipment used in the construction or maintenance of highways".

Section 11 is amended by adding after subsection (3) the following subsections:

(4) A person of the age of 69 years or over who applies for an operator's licence or renews an operator's licence shall (

a) file a medical examination certificate in the form provided by the Registrar, completed and signed by a duly qualified medical practitioner, and (

b) submit to a vision screening examination by a driver examiner.

(5) Based on the result of the medical report and the vision screening report, and subject to

section 6 the Min-ister may , (

a) issue a licence under such conditions and for such period he considers advisable, and

Explanatory Notes I. This Bill amends

chapter 169 of the Revised Statutes of Al­ berta 1970. 2. The first amendment is to reflect a change in name and re­ lates to the definition of "peace officer". The second amendment excludes maintenance as well as ,construction equipment from the definition of "trailer" from clause 32 which presently reads: 32.

"trailer" means a vehicle so designed that it may be attached to or drawn by a motor vehicle or tractor and intended to transport property or persons and indudes any trailer that is designed, c{)n­ ,structed and equipped as a dwelling place, living abode or sleeping place, either permanently or temporarily, but does not include road building machinery; 3. Conditions for the issue or renewal of 'Operator's licences to elderly persons.

(

b) require ensuing medical reports and visual screen­ ing reports at such intervals as he considers neces­ sary.

(6) A medical examination certificate filed under sub­ section (4), must have been completed within 90 days prior to the date of filing.

Section 22 is amended by striking out the words ", subsection (2)". 5.

Section .83, subsection (1) is amended by striking out the words ", subsection (2)".

Section 55 is struck out.

Section 82 is amended by adding after subsection (3) the following subsections: ( 4) When a motor vehicle which has been involved in an accident is damaged to the extent that it cannot be moved under its own power, the registered owner or the oper­ ator of the motor vehicle, after having complied with subsections (1), (2) and (3), shall forthwith make arrange­ ments for the motor vehicle to be removed from the high­ way.

(5) Where the registered owner or the operator of the motor vehicle fails to make or is incapable of making arrangements to mDve the vehicle as provided in sub­ sectiDn (4), a peace 'Officer may make the arrangements on his behalf and the registered owner shall be notified of the disposition 'Of the motDr vehicle by the peace officer.

(6) Where arrangements have been made by a peace officer pursuant t'O subsection (5), the m'Ot'Or vehicle shall be deemed to be an abandoned motor vehicle and shall be then subject tD the provisiDns 'Of

section 189.

Section 88, subsection (1) is amended by inserting after the words "No pers'On shall commence the repairs" the words "Dr direct Dr require the repairs to be com­ menced".

Section 94 is amended by adding after subsection (2) the following subsection:

(2.1) Where the c'Ouncil of an urban area has prescribed a maximun1 rate of speed of less than 30 miles an hour pur­ suant to

section 221, subsection (1) and where that rate is designa~ed by signs erected along the highway, no person shall drIve at a rate of speed greater than that so prescribed. 2

40 The specific reference to subsection (2) is deleted to make the reference applicable to subsection (3) of

section 8 as well. Sec­ tion 22 presently reads: 22. No person shall permit any person who is the holder of an operator's licence of a learner'scateg1ory to operate a motor vehicle contrary to

section 8, subsection (2). 5. The specific reference to subsection (2) is deleted to make the reference applicable to. subsection (3) of

section 8 as well.

Section 23 presently reads: 23.

(1) No person who is the hold.er of an operator's licence of a learner's category shall operate a motlor vehicle contrary to S2ction 8, subsection (2).

(2) A person who is engaged in teaching someone to drive and (

a) who does not hold an operator's licence valid for the operation of the type of vehide being used by the person he is teaching to drive, or (

b) who is not at least 18 years of age, is guilty of an offence and liable on

summary conviction to a fine of not mOTe than $100 and in default of payment to a term of imprisonment nlot exceeding 30 days. 6. Consequential amendment arising from

section 15 of this Bill.

Section 55 reads: 55. Every bicyole while in ,operation on a highway at night shall be equipped with one headlamp at the front and one reflector at the rear of the bicycle. 7. Self-explanatory, 8. This amendment extends the liability for unauthorized repairs.

Section 88 (1) presently reads: 88.

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

section 83 or hav111g been struck by a bullet (

a) unless a. notice in the form prescribed by the regulations has ~:en affIxed tlo the motor vehicle by the local police authority, (

b) if no noticp; is a!f.ixed to the motor vehicle, until he ha,s been authorJzed 111 WrItIng by the local police auth10rity to do so. 9. Urban councils may fix maximum rates of speed of less than 30 miles per hour. 2

Section 102, subsection (5) is amended by inserting afte}' the wnrds "the driver of a vehicle" the words Clothe than a bicycle". r

Section 148, subsection (2) is amended by adding the word "or" at the end of clause (

e) and by adding after clause (

e) the following clause: (

f) on a municipal maintenance or municipal service vehicle upon which a special seat or stand has been affixed providing for the safety of the person so riding. 12. The following

section is added after

section 167: 167.1

(1) Every bicycle operated on any highway at any time during the night time hours shall be equipped with (

a) at least one head lamp but not more than two head­ lamps, (

b) at least one red tail lamp, and (

c) at least one red reflector mounted on the rear.

(2) No bicycle shall be operated upon a highway unless it is equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pave- ment.

(3) A peace officer may require the operator of a bicycle to submit the bicycle to examination and tests to ensure that the bicycle is fit and safe for transportation. ( 4) If in the opinion of a peace officer a bicycle is un~it or unsafe for transportation or dangerous to the publIc, the peace officer (

a) may require the operator of the bicycle to ~ave the bicycle rendered fit and safe for transportatIon, and (

b) may order the bicycle removed from the highway until the bicycle has been rendered fit and safe for transportation.

(5) A bicycle operator who fails to comply with a re­ quirement or order of a peace officer under subsection (3) or (4) is guilty of an offence. 13. The following

section is added after

section 183: 183.1 Notwithstanding anything contained in this Part, a pedestrian who is (

a) an Alberta Land Surveyor or who is in the employ of an Alberta Land Surveyor, or 3

Section 102 (5) presently reads:

(5) Where a highway has been divided into lanes by clearly visible lines marked on the road surface, the driver of a vehicle shaH drive his vehicle as closely as practical in the centre of the lane so marked Bicycles are encouraged to keep to the right. II.

Section 148 presently reads: 148.

(1) No person shall ride or permit any other person to ride on the outside 'of a motor vehicle. (2) Subsection (1) does not apply to a person riding (

a) on a regular seat on a motor cyole, or (

b) in the bo'X of a truck, or (

c) in or on any fire fighting vehicle, or (

d) in or on a vehicle engaged in highway construction or main­ tenance, or (

e) in or on a vehicle forming part of an entertainment exhibition that has been approved by the council of the municipality within which it is taking place.

(3) No person shall draw or tow by a motor vehicle on a highway any person riding a ,sled, toboggan, ,skis, motor cyole, scooter, power bicycle or bicycle. The amendment relates to other municipal employees such as garbage collectors. 12. Equipment required for bicycles. 13. Protection for employees of governments or public utilities acting in the course of their duties. 3

(

b) who is in the employ of a municipal corporation the Government of Alberta or of Canada or of the owner of a public utility, and who, while in the conduct of his duties, is required to use the road:v~ys or othe.r portions of the high:vay contrary to the prOVISIOns of thIS Part or of a mUnIcipal by-law passed under the authority of this Act, is not in contraven­ tion of this

Part if adequate advance warning is given of his presence on the highway by means of signs, barriers or the use of a flagman.

Section 188 is struck out and the following

section is substituted therefor: 188. When a vehicle (

a) is left unattended upon a highway in such a manner as to obstruct the normal movement of traffic, or (

b) is illegally parked on any highway, or (

c) is parked on a highway so as to prevent access by fire-fighting equipment to a fire hydrant, or (

d) is without valid and subsisting licence plates or a permit, or (

e) is parked on private property without the consent of the owner of the property 'Or on a highway so as to obstruct any private driveway, or (

f) is left unattended upon a highway and, in the opinion of a peace officer, the vehicle, its contents or any part thereof is liable to be stolen or tampered with, a peace officer may cause the vehiele to be removed and taken to and stored in a suitable place, and all costs for the removal and storage are a lien upon the vehicle which may be enforced in the manner provided by

section 189.

Section 189, subsection (1) is amended by inse~~ing after the words "Where a peace officer" the words has seized a vehicle under

section 188 or 192, or where a peace officer".

Section 192, subsection (3) is amended by stril~ing ?ut the words "The Possessory Liens Act" and by subst'Ltut­ ~ng therefor the words "section 189". 17. The follov.;ing

section is added after

section 201 and before the head'Lng "Additional Penalties" 4

Section 188 presently reads: 188. When a vehicle (

a) is left unattended upon a highway in such a manner as to obstruct the nDrmal movement of traf.fic, 'or (

b) is illegally parked on any highway, or (

c) is parked so as to prevent access by fire fighting equipment to a fire hydrant, or (

d) is without valid and subsisting licence plates or permit, or (

e) is parked -on a highway or on private property soo as tlo Dbstruct any private driveway, or (

f) is left unattended up-on a highway and, in the opinion of a peace officer, the vehicle, its contents or any part thereof is liable to be stolen or tampered with, a peace officer may cause the vehicle to be removed from the highway and taken to and stored in a suitable place, and all costs for the removal and storage are a lien upon the vehicle which may be enfDrced in the manner provided by The Pos,sessory Liens Act. The

section is extended to unauthorized parking on private prop­ erty. It also makes applicable the

section dealing with abandoned vehicles. 15. This

section extended to certain seizures.

Section 189 (1) presently reads: 189.

(1) Where a peace officer, or a person appointed or designated as a district engineer by the Minister,on reasonable and probable grounds believes that a vehicle (

a) has <been abandoned in contravention of

section 157, or (

b) is situated unattended at such location or in such condition as to constitute a present or potential hazard t,;) persons or property, he may caus,e the vehicle to be moved from its ,lloeation, whether private or. p,ublic property Dr a highway, and to be stored at what i,s in his OPlTIlOn a suitable place therefor in the same judicial district. I G. The procedure under

section 189 extended to 'seizures for offences enumerated in

section 1Hl. 17. Engineer's certificate as to painted distances on roads is prima facie proof. 4

201.1 Wh~re lines for the purpose of indicating dis­ tances are paInted on the highway, a certificate purporting to. be signed by an engineer employed by the Department of HIghways and Transport and 'certifying the measured distance between such lines shall be admitted in evidence as Iprima facie proof of the facts stated therein without proof of the signature or official character of the person signing the certificate.

Section 204, subsection (1), clause (

a) is amended by striking out the words "or 143" and by substituting therefor the words ", 143 or, in the case of a driver, of

section 144,". 19. The following

section is added after

section 209: 209.1 If a person whose licence has been suspended enters an appeal against his conviction, the suspension does not apply until the conviction is sustained on appeal.

Section 221 is amended (

a) as to subsection (1), clause (

b) by striking ?ut the words "that comes within any class desIgnated under subsection (4)", (

b) as to subsection (2) by striking out the words '.'if the Minister, pursuant to subsection (5), deSIg­ nates the highway or a part thereof for the pur­ poses of this subsection", (

c) as to subsection (3) by striking out the words ", subject to subsection (5),", and (

d) by striking out subsection (5).

Section 223, subsection (1) is amended (;;;) the (

a) as to clause 5 by adding after subclause 111111 following subclause: (iv) the parking of vehicles or any particular cl.ass or classes of vehicles in privately owned traIler parks, (

b) by adding after clause 27 the following clauses: 28. prescribing speed limits on lanes or other thoroughfares prepared for the use of vehicles in privately owned trailer parks, 29. restricting the use of a highway in whole or in part to a particular class of vehicle. 5

18. Stunting added as an offence for which a licence may be suspended. 19. Where a licence has been suspended an appeal will act as a stay of the suspension. 20. This amendment will give the municipalities autonomy in fixing ,srpeed limits.

Section 221, subsections (1) to (5) read: 221.

(1) With respect to highways subject tlo its direction, control and management, the council of an urban area, by by-law, may (

a) prescribe a maximum speed in excess of 30 miles an hour for all or any part of a highway, (

b) prescribe a maximum speed of less than 30 miles an hour for all or any part Qof a highway that comes within any class desig­ nated under subsection (4), and (

c) prescribe a minimum speed for all or any part of any highway designated in the b-y-Iaw or prescribe different minimum speeds (

i) for daytime and nighttime; (ii) for different periods of the year; (iii) for different traffi,c lanes of the same hIghway.

(2) In the case of a highway that is not a primary highway and that falls within a class referred to in

section 94, subse,ction (4), the speed authority may, by order or by-law, as the 'case may require, pre­ scribe a maximum speed therefor of not more than 60 miles an hour it the Minister, pursuant to subsection (5), designates the highway or a part thereof for the purposes of this SUbsection, and where the speed authority does so, it shal,l authorize and cause the placing, erecting or marking ,of traffic C1ontrol devices at such locations as it considers llecessary for the purpose lof marking the maximum ,speed limit.

(3) A speed authority may, subject to subsection (5), prescribe (

a) different maximum speeds for different classes lof vehicles, and (

b) different maximum speeds for daytime and ni'ghttime, but may not increase the maximum spe,ed prescrilbed by this Act for school zones and playground zones.

(4) In this

section "speed authority" means, (

a) in the case of a municipal district or county, the council therelof; (

b) in the case of an improvement district lor a highway within a city and the title to which is vested in the Crown in right of Alberta pursuant to

section 21 of The Public Highways Develop­ ment Act, the Minister; (

c) in the case of a special area, the Minister Qof Municipal Af,fairs; (

d) in the case of a forestry l~oad, lo,cal road as defined in The Provincial Parks Act, licence of occupation road, or a highway, through an Indian reserve, the title to which is vested in the Crown in right of Alberta and that is not the subject of an agreement entered into pursuant to

section 18 of The Public Higwhays Development Act, the Minister lof Lands and Forests.

(5) The Minister may, by general or spe'cial order, designate (

a) any class of highways or parts thereof, or (

b) any specified highway or part thereof, for the purpose,s lof subsections (1) to (3) and may, in every case, fix a spee.d below which a municipality or Qother speed authority may not prescnbe a maximum speed limit. 21. Municipal by-laws. 5

Section 227 is amended by inserting after clause 21 the following clause: 21.1 prescribing rules of conduct by users of camp­ sites ovvned by the Crown and operated by the Minister of Highways and Transport including the period of occupation permitted by persons or vehicles during any prescribed period;

Section 247, subsection (1) is amended by striking out the words "a certified" and by substituting therefor the word "an".

Section 255 is amended by striking out subsections (1) and (2) and by SUbstituting therefor the following subsections: 255.

(1) A corporation that is guilty of an offence under

section 253 or

section 254 is liable on

summary con­ viction (

a) for a first offence, to a fine of not more than $2500, and (

b) for a second and subsequent offences, to a fine of not more than $3000.

(2) A person, other than a corporation, who is guilty of an offence under

section 252, subsection (5),

section 253 or

section 254 is liable on

summary conviction (

a) for a first offence, to a fine of not more than $1000, and (

b) for a second and subsequent offences, to a fine of not more than $1250 and in default of payment to imprisonment for a term not exceeding 90 days. 25.

(1) This Act, except sections 1, 19, 24 and this section, comes into force on July 1, 1972.

(2) Sections 1, 19 and 2ft, and this

section come into force on the day upon which this Act is assented to. 6

22. It has been found that persons are storing their trailers upon Department campsites and thereby excluding tourists from using the facilities. 23.

Section 247 (1) refers to supplying certified abstracts of driving records. In fact they are not ,certified. 24. The minimum fine will be removed.

Section 255 (1) and (2) read: 6 255.

(1) A corporation that is guilty of an offence under

section 253 or

section 254 is liable on

summary conviction (

a) for a first offence, to a fine of not less than $1000 and not more than $2500, and (

b) for a second and subsequent offu1ces, to a fine of not less than $1500 and not more than $3000.

(2) A person, other than a corporation, who is guilty of an offence under

section 252, subsection (5),

section 253 or

section 254 is liable on

summary conviction (

a) fior a first offence, to a fine of not less than $250 and not more than $1000, and (

b) for a second and subsequent offences, to a fine of not less than $500 and not more than $1250 and in default of payment to ilnprisonment for a term not exceeding 90 days. Title: 1972 (17th, 1st) Bill 60, The Highway Traffic Amendment Act, 1972