Fourth Session,

46th General Assembly

60 Elizabeth II,

BILL 20

AN ACT TO AMEND THE HIGHWAY

TRAFFIC ACT

Received

and Read the First Time ...................................................................

Second

Reading ..............................................................................................

Committee ......................................................................................................

Third

Reading .................................................................................................

Royal

Assent ...................................................................................................

HONOURABLE HARRY

HARDING

Minister of Government

Services

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Highway

Traffic Act to

consolidate and remove

repetition in provisions respecting 2 classes of drivers: drivers and novice

drivers;

consolidate and remove

repetition in provisions respecting 3 types of impairment of those drivers:

alcohol impairment, drug impairment or a combination of alcohol and drug impairment;

consolidate and remove

repetition in provisions respecting suspension periods where the driver's

licence or driving privileges of a driver or novice driver are suspended due to

impairment; and

include a reference to

section

255 of the Criminal Code as a

provision under which a peace officer shall require the surrender of a person's

driver's licence.

A BILL

AN ACT TO AMEND THE HIGHWAY

TRAFFIC ACT

Analysis

S.49 Amdt.

Licence to be signed

2. Ss.60.01 to 60.04 Added

60.01 Request for

surrender of driver's

licence at roadside

60.02 Request for surrender

at roadside

60.03 Periods of suspension

60.04 Periods of suspension

S.60.1 R&S

Surrender of driver's licence required

S.60.3 Amdt.

Removal of vehicle

S.60.4 Rep.

Request for surrender of novice driver's licence at roadside

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cH-3

as amended

1. Subsection 49(4) of the Highway Traffic Act is repealed and the following substituted:

(4) Subject to subsections (2) and (3), a driver

or person having the care or control of a vehicle who surrendered his or her

driver's licence and was given notice of a suspension under

section 60.01 to 60.04

or 60.1 shall, upon being asked for his or her driver's licence after the

suspension period has expired, produce notice of that suspension which shall

serve as proof that the person does hold a driver's licence which was suspended

and has been reinstated as of the date and time given on the notice.

2. The Act is amended by adding immediately after

section 60 the following:

Request for surrender

of driver's licence at roadside

60.01

(1) Where,

upon demand of a peace officer made under

section 254 of the Criminal Code a

(

a) driver of a motor vehicle;

(

b) person who has care or control of a motor

vehicle;

(

c) novice driver of a motor vehicle; or

(

d) novice driver who has care or control of a

motor vehicle

provides a sample of his or her breath

which, on analysis by an approved screening device as defined in

section 254 of

the Criminal Code, indicates that the

proportion of alcohol in his or her blood is an amount referred to in

subsection (2), the peace officer shall request the person referred to in

paragraph (a), (b), (

c) or (

d) to surrender his or her driver's licence, and

that person shall immediately surrender his or her driver's licence.

(2) For the purpose of subsection (1), the

proportion of alcohol for

(

a) a driver or person who has care or control of

a motor vehicle is 50 milligrams or more of alcohol in 100 millilitres of

blood; and

(

b) a novice driver or a novice driver who has

care or control of a motor vehicle is more than 0 milligrams of alcohol in 100

millilitres of blood.

(3) Where an analysis of the breath of a person is

made under subsection (1) and it indicates that the proportion of alcohol in

that person's blood is an amount referred to in subsection (2), the peace

officer who made the demand under subsection (1) shall advise the person of his

or her right to a further analysis under subsection (4).

(4) Where an analysis of the breath of a person is

made under subsection (1) and indicates that the proportion of alcohol in that

person's blood is an amount referred to in subsection (2), the person may

require a further analysis to be performed in the manner provided in subsection

(5), in which case the result obtained on the second analysis governs and a

revocation and suspension resulting from an analysis under subsection

(1) continues or terminates accordingly.

(5) Where, upon demand of a peace officer made

under

section 254 of the Criminal Code ,

the

(

a) driver of a motor vehicle;

(

b) person who has care or control of a motor

vehicle;

(

c) novice driver of a motor vehicle; or

(

d) novice driver who has care or control of a

motor vehicle

provides a sample of his or her breath

which, on analysis by an approved instrument as defined in

section 254 of the

Criminal Code indicates that the proportion of alcohol in his or her blood is

more than the amount referred to in subsection (6), the peace officer shall

request the person referred to in paragraph (a), (b), (

c) or (

d) to surrender

his or her licence, and that person shall immediately surrender his or her

driver's licence.

(6) For the purpose of subsection (5), the

proportion of alcohol for a person referred to in paragraph (5)(

a) to (

d) shall

be the appropriate proportion referred to in subsection (2).

(7) Where, upon a demand of a peace officer under

section 254 of the Criminal Code the

(

a) driver of a motor vehicle;

(

b) person who has care or control of a motor

vehicle;

(

c) novice driver of a motor vehicle; or

(

d) novice driver who has care or control of a

motor vehicle

fails or refuses to comply with the

demand, the peace officer shall request the person referred to in paragraph

(a), (b), (

c) or (

d) to surrender his or her driver's licence, and that person

shall immediately surrender his or her driver's licence.

(8) It shall be presumed, in the absence of

evidence to the contrary, that a screening device issued for the purpose of

subsection (1) has been calibrated to correctly indicate the proportion of

alcohol in a person's blood.

Request for surrender

of driver's licence at roadside

60.02 Where

a peace officer has reasonable grounds to believe that the ability of a

(

a) driver of a motor vehicle;

(

b) person who has care or control of a motor

vehicle;

(

c) novice driver of a motor vehicle; or

(

d) novice driver who has care or control of a

motor vehicle

to operate a motor vehicle is impaired by

a drug, or a combination of a drug or alcohol, the peace officer shall request

the person referred to in paragraph (a), (b), (

c) or (

d) to surrender his or

her driver's licence and that person shall immediately surrender his or her

driver's licence.

Periods of suspension

60.03

(1) Upon

a request being made under subsection 60.01(1) or (5) or

section 60.1, whether

or not the driver surrenders his or her driver's licence to the peace officer,

his or her driver's licence or driving privileges are suspended

(

a) for a period of 7 days from the time the

request is made, where the driver fails or refuses to provide a sample of his

or her breath or where the analysis under subsection 60.01(1) or (5) indicates

that the proportion of alcohol in his or her blood is 50 milligrams or more of

alcohol in 100 millilitres of blood; and

(

b) for a period of 90 days commencing on the

fourteenth day after the expiration of the 7 day suspension, where the driver

fails or refuses to provide a sample of his or her breath or where the analysis

under subsection 60.01(1) or (5) indicates that the proportion of alcohol in

his or her blood is 80 milligrams or more of alcohol in 100 millilitres of

blood.

(2) Upon a request being made under subsection

60.01(7) or

section 60.02 whether or not the driver surrenders his or her

driver's licence to the peace officer, his or her driver's licence or driving

privileges are suspended

(

a) for a period of 7 days from the time the

request is made where the peace officer has reasonable grounds to believe that

the ability of the driver or person who has the care or control of the vehicle

is impaired by a drug, or a combination of a drug and alcohol, or where he or

she fails or refuses to comply with a demand under

section 254 of the Criminal Code ; and

(

b) for a period of 90 days beginning on the

fourteenth day after the expiry of the 7 day suspension, where the driver fails

or refuses to comply with a demand made on him or her under

section 254 of the Criminal Code .

(3) Upon a request being made under subsection

60.01(1), (5) or (7) or

section 60.02, whether or not the novice driver

surrenders his or her driver's licence to the peace officer, his or her

driver's licence or driving privileges shall be considered to be suspended by

the registrar for a period of

(a) 2 months for the first occasion upon which a

request is made under subsection 60.01(1), (5) or (7) or

section 60.02;

(b) 4 months for the second occasion upon which a

request is made under subsection 60.01(1), (5) or (7) or

section 60.02; and

(c) 6 months for a subsequent occasion upon which

a request is made under subsection 60.01(1), (5) or (7) or

section 60.02

and, following the expiry of a suspension

under paragraphs (a), (

b) or (c), a novice driver may apply to the registrar to

have his or her driver's licence reinstated commencing at the start of the level

and class of driver's licence held by that novice driver at the time when his

or her licence was suspended subject to a fee and in accordance with conditions

and requirements which the registrar may impose upon the licence.

(4) Notwithstanding subsection (3), where a novice

driver fails or refuses to provide a sample of his or her breath or the

analysis under subsection 60.01(1) or (5) indicates that the proportion of

alcohol in the novice driver's blood is 80 milligrams or more of alcohol in 100

millilitres of blood, the novice driver's licence or driving privileges shall

be suspended by the registrar for a minimum period of 90 days and the procedure

for reinstatement set out in subsection (3) applies.

(5) Notwithstanding subsection (3), upon a request

being made under

section 60.02, whether or not the novice driver surrenders his

or her driver's licence to the peace officer, his or her driver's licence or

driving privileges shall be suspended by the registrar for a period of 90 days

where the novice driver fails or refuses to comply with a demand made on the

novice driver under

section 254 of the Criminal

Code , and the procedure for reinstatement set out in subsection (3)

applies.

Periods of suspension

60.04

(1) Where,

upon demand of a peace officer made under

section 254 of the Criminal Code

(

a) a driver or a person who has care or control

of a motor vehicle provides a sample of his or her blood which on analysis

indicates that the proportion of alcohol in his or her blood at the time the

sample was given was 50 milligrams or more of alcohol in 100 millilitres of

blood, his or her driver's licence or driving privileges are suspended for a

period of 7 days beginning on the fourteenth day following his or her receipt

of a copy of the certificate of analysis; and

(

b) a novice driver or a novice driver with care

or control of a motor vehicle provides a sample of his or her blood which on

analysis indicates that the proportion of alcohol in his or her blood at the

time the sample was given was greater than 0 milligrams of alcohol in 100

millilitres of blood, his or her driver's licence or driving privileges are suspended for the

period set out in 60.03(3)(a),(

b) or (c), whichever is applicable, beginning on

the fourteenth day following his or her receipt of a copy of the certificate of

analysis and the procedure for reinstatement in 60.03(3) applies.

(2) Where upon the demand of a peace officer under

section 254 of the Criminal Code a

(

a) driver of a motor vehicle;

(

b) person who has care or control of a motor

vehicle;

(

c) novice driver of a motor vehicle; or

(

d) novice driver who has care or control of a

motor vehicle

provides a sample of his or her blood

which on analysis indicates that the proportion of alcohol in his or her blood

at the time the sample was given was 80 milligrams or more of alcohol in 100

millilitres of blood, his or her driver's licence or driving privileges are

suspended for a period of 90 days beginning on the fourteenth day following the

expiry of the period of suspension under subsection (1).

(3) A 7 day suspension shall be served

concurrently with a prior unexpired suspension.

(4) A 90 day suspension shall be served

concurrently with a suspension under

section 65 and consecutively to another

unexpired suspension.

(5) Where under

section 60.01, 60.02 or 60.1 the

driver's licence or driving privileges of a driver or novice driver are

suspended, the peace officer who requested the surrender of the driver's

licence shall

(

a) keep a record of the driver's licence or

driving privileges suspended with the name and address of the driver or novice

driver;

(

b) provide the driver or novice driver whose

driving privileges are suspended with a notice which shall include the time

from which the suspension takes effect, the length of the period during which

his or her driver's licence is suspended, if known, and shall indicate that the

registrar shall inform the novice driver of when he or she may apply for a

driver's licence and that notice shall, where the driver or novice driver surrenders

his or her driver's licence, constitute a receipt of that driver's licence; and

(

c) notify the registrar of the suspension of the

driver's or novice driver's licence or driving privileges.

(6) Upon the termination of a 7 day suspension

under

section 60.03 or this section, the driver's licence shall, if it was

surrendered to a peace officer, be returned to the driver at the address shown

on the driver's licence or to another address requested by the driver.

Section 60.1 of the Act is repealed and the

following substituted:

Surrender of

driver's licence required

60.1 Where

a person is charged with an offence under

section 253, 254 or 255 of the Criminal Code , or a procedure is taken

pending the laying of a charge to assure the person's attendance in court on

the charge, a peace officer shall request a person to surrender his or her

driver's licence.

4. Subsection 60.3(1) of the Act is repealed and

the following substituted:

Removal of

vehicle

60.3

(1) Where,

under sections 60.01 to 60.04 and 60.1, the driver's licence or driving

privileges of a driver are suspended, and the motor vehicle which the driver

was driving at the time is in a location from which, in the opinion of the

peace officer who requested the surrender of the driver's licence or driving

privileges, it should be removed, and there is no person with a driver's

licence easily available to remove the motor vehicle with the consent of the

driver, the peace officer may remove the motor vehicle or cause it to be

removed to a nearby area where parking is permitted and notify the driver of

its location.

Section 60.4 of the Act is repealed.

William E. Parsons, Queen's Printer