First Session, 48th

General Assembly

65 Elizabeth II,

BILL 60

AN ACT TO AMEND THE HIGHWAY

TRAFFIC ACT NO. 4

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

Second Reading .................................................................................................................................

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

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE EDDIE

JOYCE

Minister of Service

Newfoundland and Labrador

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Highway Traffic Act to

allow for the registration and

operation of three-wheeled vehicles;

prescribe safety provisions for

the operation of three-wheeled vehicles; and

amend the

Schedule to prescribe

the penalties associated with breaching the safety provisions for the operation

of three-wheeled vehicles.

A BILL

AN ACT TO AMEND THE HIGHWAY

TRAFFIC ACT NO. 4

Analysis

S.2 Amdt.

Definitions

S.154.1 Added

Three-wheeled vehicle equipment

Sch. Amdt.

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cH-3

as amended

Section 2 of the Highway Traffic Act is amended by adding immediately after

paragraph (qqq) the following:

(qqq.1) "three-wheeled vehicle" means a motor

vehicle, other than a competition vehicle, an antique reproduction vehicle, a motor

cycle, a restricted use motor cycle, a trailer or a vehicle imported

temporarily for special purposes, that has a steering wheel, is designed to

travel on three wheels in contact with the ground and has an open occupant

compartment such that one or more of the vehicle occupants are not fully

enclosed by the vehicle structure, body, doors, windows, windshield, roof or convertible-type

top in the closed position;

2. The Act is amended by adding immediately after

section 154 the following:

Three-wheeled

vehicle equipment

154.1

(1) A

person shall not operate or be a passenger in a three-wheeled vehicle on a

highway unless

(

a) that person is wearing a helmet that complies

with the regulations and that is properly fastened; and

(

b) where the three-wheeled vehicle is not

equipped with a windshield that is of a height to give adequate protection to

the eyes, that person is wearing a face shield, safety glasses or goggles in

the proper manner.

(2) A child seat restraint system as defined in

paragraph 178(1)(

a) shall not be used in a three-wheeled vehicle unless that

vehicle meets the requirements of

Schedule 4, CMVSS 208 "Occupant Protection

in Frontal Impacts", to the Motor

Vehicle Safety Regulations under the Motor

Vehicle Safety Act (Canada).

3. The

Schedule to the Act is amended by adding

immediately after the row starting with a reference to subsection 154(2) the following:

154.1(1)

Three-wheeled vehicle driver operating or passenger riding without helmet

or eye protection

14 days

2 days

154.1(2)

Child seat restraint system used in non-compliant three-wheeled vehicle

17 days

2 days

Commencement

4. This Act comes into force 60 days after the day

on which it receives Royal Assent.

Queen's Printer