Bill 225 — Third Session, 18Th Legislature, 26 Elizabeth Ii the Legislative Asse:Miiitmrqf • ...Alberta Bill 225 An Act To Amend the Motor Vehicle Administration Act (Legislature 18, Session 3)

L18 S3 5830

Alberta — Bills

1977 Bill 225 Third Session, 18th Legislature, 26 Elizabeth II THE LEGISLATIVE ASSE:MIIItMrQF • ...ALBERTA BILL 225

AN ACT TO AMEND THE MOTOR VEHICLE ADMINISTRATION ACT MR. ApPLEBY First Reading .............................. . Second Reading ............................ . Third Reading .. Printed by the Queen's Printer for the Province of Alberta, EDMONTON

Bill 225 Mr. Appleby BILL 225 1977

AN ACT TO AMEND THE MOTOR VEHICLE ADMI:NISTRATION ACT (Assented to , 1977) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1. The Motor Vehicle Administration Act is hereby amended.

Section 112 is struck out and the following is sub situated therefor:

(1) Where a person is convicted under

section 234, 235, 236 or 238, subsection (3) .of the Criminal Code, the convicting judge may order that the vehicle being driven at the time the offence was committed be impounded for a period of not less than 30 days and not more than 90 days.

(2) Where a person (

a) is convicted under

section 234, 235, 236 or 238, sub section (3) of the Criminal Code, and (

b) has, a,t any time before been 'convicted upder sec tion 234, 235, 236 or 238, subsection (3) of the Criminal Code anywhere in Canada, the convicting judge may order that the vehicle being driven at the time the offence was committed be im pounded for a period of not less ,than six months and not more than twelve months.

(3) Where a person (

a) is convicted under

section 234, 235, 236 .or 238, subsection (3) of the Criminal Code, and (

b) has, on more than one previous occasion, been con victed under

section 234, 235, 236 or 238, subsec ti.on (3) of the Criminal Code anywhere in Canada, the convi,cting judge may order that the vehicle being driven at the time the offence was committed be forfeit to the Crown and be sold at public auction and the net pro ceeds thereof be transferred to the General Revenue Fund.

Explanatory Notes I. Amends

chapter 168, 1975 Statutes. 2. Provides that if a person is convicted of driving while im paired, refusing a breath test, driving with more than 80 mg. alco hol per 100 ml. blood or driving while disqualified the vehicle may be impounded for 30-60 days on the first conviction, 6-12 months on the second and forfeit and sold on subsequent convictions.

(4) Notwithstanding anything in this section, if the con victed person was not the registered owner or one of the joint registered owners of the motor vehicle at the time the offence was committed (

a) the registered owner may apply to the judge for the provisions of subsection (1), (2) and (3) to be waived, and (

b) the judge, jf he is of the opinion that the registered owner's application is 'a proper case for relief and that the motor vehicle is not primarily provided for the private use of the convircted person, may waive the provisions of subsection (1), (2) and (3).

(5) The registrar may suspend the registration of a motor vehicle impounded pursuant to this

section during the period for which it is impounded. 3. This Act comes into force on the day upon which it is assented to. 2

3. Coming into force. 2 Title: 1977 (18th, 3rd) Bill 225,

An Act to Amend the Motor Vehicle Administration Act

Document details

Collection	Alberta — Bills
Citation	L18 S3 5830
Type	bill
Volume / chapter	L18 S3 5830
Language	en
Format	json
Source	PROVINCIAL
Identifier	301050b1f7c421411fe3e124060ac99e0abad664

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