Highway Traffic Act
S.N.L. 1990, c. H-3
Newfoundland and Labrador — Consolidated Statutes
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RSNL1990
CHAPTER H-3
HIGHWAY TRAFFIC ACT
Amended:
1992 c26 s1; 1992 c39 s6; 1992 c50 s1; 1993 c32 s14; 1993 c37;
1993 c53 s13; 1994 c18; 1994 c28 s9 & 28;
1995 c13, c18, cL-16.1 s30(3), cP-31.1 s53; 1996 cR-10.1 s35;
1996 cT-0.01 s16; 1997 c13 s29; 1998 c21; 1998 c16; 1999 c40;
2000 c26; 2002 c11; 2002 c12; 2002 c17; 2004 c18; 2004 c27 ss20-24; 2005 c25 s1; 2005 c46; 2006 c13 s3; 2006 cS-31.1 s82; 2006 c23; 2006 c54 ss1-3; 2007 c23; 2008 c57; 2009 c9; 2009 cR-15.01 s117; 2010 c22; 2010 c31 s8; 2011 c18; 2012 c17; 2012 cO-7.02 s61; 2013 c10; 2013 c13 s6; 2013 c15; 2013 c16 s25; 2014 c24;2014 c28; 2016 c13; 2016 c31; 2016 c40; 2016 c51;
2017 c4; 2017 c10 s15; 2017 c18; 2017 c28; 2018 c25; 2018 c37;
2019 c8 s12; 2019 c20; 2020 c13; 2021 cO-5.1 s41; 2022 c25; 2023 c24; 2023 c18 s41; 2023 cT-6.2 s321; 2024 c17; 2024 cN-5.1 s59
CHAPTER H-3
AN ACT RESPECTING THE LAW RELATING TO THE USE AND
OPERATION OF VEHICLES
Analysis
Short title
Definitions
PART I
ADMINISTRATION
Division
Registrar
Fees and forms
Copies
Registrar shall examine applications
Service of notice
Powers of registrar
PART II
REGISTRATION AND LICENSING OF
VEHICLES
Registration of vehicle required
Application for registration
Registration and exemptions
Commercial vehicle
13.1
Interjurisdictional carrier registration under the Revenue Administration Act
Vehicle of non-resident subject to Act
Non-application of exemption
Registrar to register vehicle
16.1
Non-payment
of fines
16.2
Rep. by 2020 c13 s1
16.3
Rep. by 2020 c13 s1
16.4
Rep. by 2020 c13 s1
Application for licence
Licence
Duties of dealer
Issuance of temporary registration, identification plates and markers
Dealer plates
Audit
Prohibition
Suspension or cancellation of licence
24.1
Application for licence
24.2
Licence
24.3
Duties of transportation network company
24.4
Prohibition
24.5
Suspension or cancellation of licence
Inspectors
Inspections
Warrants
27.1
Telewarrants
Licence, etc. property of Crown
Driver to produce vehicle licence
Attachment of plates
Plate to be kept clean
Other plate
Seizure of plate
Identification markers
Where licence plate, etc. lost
Effective term of licence
Transfer of ownership
Change of address
Change of name
Record of registration
Suspension of registration
Offence
PART III
LICENSING OF DRIVERS
42.1
Exception to Cokes rule
Drivers licence
Examiners
Application for licence
Registrar shall issue licence
Expiry of licence
Registrar shall not issue licence
Licence to be signed
Licence property of Crown
Licence issued for class of vehicle
Possession of another's licence
Driver licensed in another jurisdiction
Prohibition
Novice drivers licence
55.1
Regulations
55.2
Offence
Rental prohibited
Licence lost
Change of name
Offence
Seizure of licence
60.001
Rep. by 2019 c20 s3
60.002
Rep. by 2019 c20 s3
60.003
Rep. by 2019 c20 s3
60.004
Rep. by 2019 c20 s3
60.005
Rep. by 2019 c20 s3
60.01
Rep. by 2019 c20 s3
60.02
Rep. by 2019 c20 s3
60.03
Rep. by 2019 c20 s3
60.04
Rep. by 2019 c20 s3
60.05
Rep. by 2019 c20 s3
60.1
Request for surrender of drivers licence at roadside
60.2
Periods of suspension
60.3
Periods of suspension commercial vehicle, taxi or motor vehicle used for a ride-sharing service
60.4
Periods of suspension driver under 22 and not a notice driver
60.5
Periods of suspension novice driver
60.6
Legal use of drug for medical purpose
60.7
Suspensions generally
60.8
Surrender of drivers licence required
60.9
Progressively increased suspensions
60.10
Removal of vehicle
60.11
Screening accompanying driver
60.12
Appeal of 90 day
suspension
60.13
Oral hearings
60.14
Decision of registrar
61.15
Appeals generally
Report to registrar
National Defence Act (Canada)
Suspension or cancellation of driver's licence
Suspension or cancellation of driver's licence
64.1
Suspension or cancellation
Suspension or cancellation
65.1
Rep. by 2009 c9 s19
Rep. by 1994 c18 s9
Concurrent suspensions
Driving without a licence
Commencement of suspension or cancellation
Appeal from suspension or cancellation
Where licence suspended or cancelled
Driver to return licence
Wrongful procurement of licence
73.1
Mandatory use of ignition interlock device
Record of licences issued
PART IV
MOTOR VEHICLE INSURANCE
Uninsured vehicle
75.1
Excluded driver provision
Financial responsibility
Insuring ambulances, etc.
Registrar may waive insurance requirement
Garage, etc. policy
Offence
Registrar shall suspend licence
Application to judge by judgment creditor
Registrar may suspend licence
Operating record
84.1
Appeal
Rep. by 2005 c46 s4
Rep. by 2005 c46 s4
Rep. by 2005 c46 s4
Rep. by 2005 c46 s4
Rep. by 2005 c46 s4
Rep. by 2005 c46 s4
Rep. by 2005 c46 s4
Rep. by 2005 c46 s4
Rep. by 2005 c46 s4
PART V
RULES OF THE ROAD
Application of
Part
Vehicle to drive to right
Overtaking another vehicle
Conditions for passing on right
Passing vehicle of unusual dimensions
Restriction on passing on left
Driving to left of center line
100.1
Roundabouts
Driving on a laned roadway
"No passing" zones
Restriction on vehicle following another
Divided roadways
Entering controlled-access highway
Traffic control devices
Erection of other devices prohibited
No advertising on device
Alteration etc. of device
Imprudent driving
110.01
Driving causing death or bodily harm
110.1
Speed limit in a construction zone
110.2
School zone
110.3
Suspension for speeding 51 km/hr and over
Slow driving
111.1
Slow moving vehicle
Signalling change of direction, etc.
Driver to signal
Driver signals
Turn at intersection
Turning to proceed in opposite direction
Restriction on turning
Right-of-way
Turning left in intersection
Driver to yield right-of-way
Right-of-way for emergency vehicles
121.1
Stopped emergency or designated vehicle
Exception to right-of-way
Privileges of emergency vehicle
Pedestrians to comply with signals
Pedestrian in crosswalk
Pedestrian to yield
Duties of driver
Pedestrians to use sidewalks
Bicyclists
Towing of bicyclists, etc. prohibited
Safety zone
Railway crossing
Stop sign at crossing
Crossing tracks
Driver caution required
"Yield" signs
Stopping for school buses
Rep. by 2009 c9 s23
Frightening animals
Parking on roadway prohibited
Parking directions by officer
Parking near bus stop
Parking on private land
Places where parking prohibited
Parking on right side
Parking in dangerous position
Parking where not visible to traffic
Parking of vending vans
Authority to remove vehicles
Unattended vehicle
Backing vehicles
Operation of motor cycle
Motor cycle
on highway
Motor cycle
equipment
154.1
Three-wheeled vehicle equipment
Window obstruction
Obstruction of driver
Projecting load
Obstruction of traffic by persons
Coasting down grade
Following emergency vehicle
Flagperson
Officer may direct traffic
162.1
Warning markers
Littering highway
Driving on sidewalk
Opening vehicles' doors
Warning devices
Winter equipment
Racing on highways
Performing stunts
Accident information
Accident involving property
Report by peace officer
Garage to report accident
Admissibility of report
Information release- non-reportable accidents
Availability of information
174.1
Report required
174.2
Rep. by 2009 c9 s26
Inspector may weigh vehicle
Radar detectors
176.1
Cellular telephones and other communication devices
Offence
PART V.I
IMAGE CAPTURING ENFORCEMENT SYSTEMS
177.1
Image capturing enforcement system
177.2
Image capturing enforcement system
177.3
Testers
177.4
Offences
PART VI
SEAT BELT SYSTEMS
Seat belts
178.1
Child seat restraint systems
PART VII
TRAFFIC SIGNS AND DIRECTIONS
Rep. by 1998 c21 s21
Rep. by 1998 c21 s21
Rep. by 1998 c21 s21
Rep. by 1998 c21 s21
Rep. by 1998 c21 s21
Rep. by 1998 c21 s21
Rep. by 1998 c21 s21
PART VIII
REGULATIONS
Regulations
Minister may make regulations
Police orders
Municipal regulations
189.1
Airport authority regulations
189.2
Airport authority fines
Council's powers
St. John's Traffic Commission
Corner Brook Traffic Commission
Mount Pearl Traffic Commission
Regulations re: instructors
Regulations respecting equipment
195.1
Non-repairable
or salvage vehicles
Inspection stations
Regulations re: Safety Code
197.1
Regulations re: transportation network companies in municipalities
PART IX
LEGAL PROCEEDINGS, MISCELLANEOUS OFFENCES AND PENALTIES
Limitation period
Contract void
Liability of owner
Time limit for prosecution
201.1
Peace officer may stop vehicles
Rep. by 2010 c22 s8
202.1
Fisheries officer
202.2
Games officer
202.3
Enforcement officer
Detention of vehicle
Action barred
204.1
Action barred
Refusal to give information
205.1
Identification card
Offence
Second or subsequent offence
Penalties in
Schedule
Late payment penalty
Liability of owner for penalties
Person presumptive owner of vehicle
Disposition of fines
Licence suspended
New vehicle standards
PART X
APPLICATION
Application of Act to "way"
Schedule
Short title
This Act may be cited as the Highway Traffic Act .
1988 c33 s1
Back to Top
Definitions
In this Act
(a)
"airport authority" means a corporation authorized to operate an airport;
(a.1)
"airport authority lands" means land owned, leased or occupied by an airport authority;
(a.2)
"ambulance" means a vehicle designed or used for carrying ill or injured persons for compensation;
(b)
"axle" means a single axle which transfers the load carried by it approximately equally to the wheel or wheel attached to each end of the axle;
(c)
"axle mass" means the mass indicated when the vehicle is weighed with the rear wheels or with the front wheels on the scales or weighing device or with other wheels on the scales or weighing device where those wheels are mounted on the same axle;
(d)
"bank" means a bank to which the Bank Act
(Canada) applies;
(e)
"bicycle" means a device propelled by human power upon which a person may ride, having 2 wheels in tandem;
(e.1)
"bodily harm" means any hurt or injury to a person that interferes with the health or comfort of the person and that is more than merely transient or trifling in nature;
(f)
[Rep. by 2005 c46 s1]
(g)
"bus" means a motor vehicle, designed or used for the transportation of passengers with a seating capacity of 10 or more in addition to the driver, but excluding those motor vehicles when used for personal transportation by the owner or with the owner's permission;
(h)
"centre line", except on a one-way roadway, means
(
i) the centre of a roadway measured from the curbs or, in the absence of curbs, from the edges of the roadway, or
(ii)
where on a laned roadway there are more lanes available for traffic in 1 direction than in the other direction, the line dividing the lanes for traffic in different directions;
(i)
"chauffeur" means a person who for compensation drives or operates a motor vehicle whether or not
the person is the owner;
(j)
"commercial motor vehicle" means a vehicle designed to carry goods, and includes a bus, a school bus, a truck, a truck tractor and other motor vehicles designed for commercial use but does not include camper type vehicles designed or adapted exclusively for recreational purposes;
(k)
"controlled-access highway" means a highway
(
i) on to which persons have a right to enter from abutting land, and
(ii)
from which persons have a right to enter on to abutting land, only at fixed locations;
(l)
"council" means the council or board of trustees established to control and manage a municipality;
(m)
"crosswalk" means
(
i) a part of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by signs or by lines or other markings on the surface, or
(ii)
the part of a roadway at an intersection that is included within the connection of the lateral lines of the sidewalks on the opposite sides of a highway, measured from the curbs or, in the absence of curbs, from the edges of the roadway;
(n)
"curb mass" means the actual mass of a motor vehicle when unladen but including the body, battery, loose tools, spare wheels, and other usual equipment and a full supply of water and fuel used for the purpose of propulsion;
(o)
"dealer" means a person who, as principal or agent, engages in the business of buying, selling or exchanging new or second hand
motor vehicles or trailers;
(p)
"dealer's plate" means a plate issued to a dealer to be attached by the dealer to a vehicle that is used for demonstration purposes with a view to the sale of the vehicle;
(q)
"department" means the department presided over by the minister;
(r)
"division" means the Motor Registration Division of the department;
(s)
"driver" means a person who drives or is in actual physical control of a vehicle;
(t)
"driver's licence" means a licence which has been issued under this Act, including a licence issued to a novice driver, authorizing the person to whom it is issued to drive a motor vehicle
and which has not expired or been suspended or cancelled;
(u)
"driveway" means a clearly defined private road, way, drive, path or passage or a similar opening or space which is wide enough, but not wider than is necessary, for the passage of a motor vehicle, which the owner, occupier or user of property has vehicular access from a roadway to a point within the property;
(v)
"emergency vehicle" means
(
i) a motor vehicle driven by a peace officer or by a member of the police branch of 1 of the Crown's Armed Forces where there is an emergency justifying a rate of speed in excess of
a maximum rate of speed provided for in this Act and includes a vehicle so operated by a chief of a volunteer fire department,
(ii)
a motor vehicle carrying firefighting equipment in responding to an alarm of fire, and
(iii)
an ambulance responding to a call or transporting a patient where there is an emergency justifying a rate of speed in excess of
a maximum rate of speed provided for in this Act;
(v.1)
"enforcement officer" means
(
i) a conservation officer as defined in the Endangered Species Act ,
(ii)
a wild life
officer appointed under the Wild Life
Act ,
(iii)
a person designated as a peace officer under the Motorized Snow Vehicles and All-Terrain Vehicles Regulations , and
(iv)
a forestry official as defined in the Forestry Act ;
(w)
"examiner" means a person appointed under
section 44;
(x)
"fictitious identification plate or marker" means an identification plate, sticker or marker which has not been issued under this Act or which has not been issued for the registration year in which it is used or which is attached to a vehicle other than that for which it was issued but does not include an identification plate, sticker or marker on a foreign vehicle lawfully operated in the province;
(y)
"financial responsibility card" means a card issued to a named insured by an insurer in accordance with
section 79;
(z)
"garage" means a place or premises where motor vehicles are received for housing, storage or repairs for compensation;
(aa)
"highway" means a place or way, including a structure forming part of the place or way, designed and intended for, or used by, the public for the passage of traffic or the parking of vehicles and includes all the space between the boundary lines of the place or way;
(bb)
"identification plate" means an identification plate issued under this Act in respect of a vehicle;
(bb.1)
"ignition interlock device" means a device designed to ascertain the presence of alcohol in a driver's body and to prevent a motor vehicle from being started if the concentration of alcohol in the driver's body exceeds the prescribed limit;
(bb.2)
"image capturing enforcement system" means an image capturing enforcement system as defined in the regulations;
(cc)
"implement of husbandry" means a vehicle which is designed for use for agricultural purposes
and which is used exclusively in the conduct of agricultural operations but does not include a vehicle designed primarily for the transportation of persons or property on a highway;
(dd)
"inspector" means a traffic officer or a person appointed under this Act to inspect or examine vehicles or drivers and records pertaining to either;
(ee)
"insurer" means a person licensed under the Insurance Companies Act
to carry on the business of automobile insurance in the province;
(ff)
"intersection" means the area enclosed within the prolongation or connection of the lateral curb lines or, where there are no curb lines, the lateral boundary lines of 2 or more highways that join one another at an angle, whether or not
1 highway crosses the other;
(gg)
"issue" includes to renew;
(hh)
"laned roadway" means a roadway which is divided into 2 or more clearly marked lanes for vehicular traffic;
(ii)
"left" or "left-hand" in reference to a highway or the position of traffic on the highway means the left when facing or moving in the direction of travel;
(jj)
"licence" means a licence which has been issued under this Act
and which has not expired or been suspended or cancelled;
(kk)
"maximum gross mass" or "M.G.M." means, in reference to a commercial motor vehicle, the curb mass together with the load, including the mass of the driver and of other persons carried, and, in reference to a bus or school bus, the curb mass together with the mass of the driver and of the number of passengers for which the vehicle is licensed, and for the purposes of a regulation unless otherwise provided in the regulation, the mass of a person shall be taken as 70 kilograms;
(ll)
"minister" unless otherwise specified, means the minister appointed under the Executive Council Act
to administer this Act;
(ll.1)
"mobility aid" means a wheelchair or other device, whether motorized or not, designed and being used to facilitate the transport, in a normal seated orientation, of a person with a physical disability, including a physical limitation on the ability to walk or move;
(mm)
"moped" means a vehicle that
(
i) has steering handle bars
completely constrained from rotating in relation to the axle of 1 wheel in contact with the ground,
(ii)
is designed to travel on not more than 3 wheels in contact with the ground,
(iii)
has a maximum attainable speed on level ground, unassisted by operating the pedal system, not exceeding 50 kilometres an hour,
(iv)
has pedals by which the vehicle can be propelled by the operator,
(
v) has a power source that produces a maximum 1.5 k.w
or piston displacement not exceeding 50 cm,
(vi)
has a power drive system that does not require clutching or shifting, by the operator, after the drive system is engaged, and
(vii)
has a maximum weight of 55 kilograms, excluding fuel or battery used to start engine for vehicle propulsion;
(nn)
"motor cycle" means a motor vehicle that
(
i) has steering handle bars
completely constrained from rotating in relation to the axle of 1 wheel in contact with the ground,
(ii)
is designed to travel on not more than 3 wheels in contact with the ground, and
(iii)
in the case of a 3 wheel
vehicle that
(
A) does not have as an integral part of the vehicle an enclosure around the occupant, and
(
B) requires the operator to sit astride the vehicle,
but does not include a competition motor cycle , mini bicycle, moped, motor driven bicycle, a passenger car, a truck or a multi-purpose vehicle;
(oo)
"motor vehicle" means a vehicle propelled, driven or controlled otherwise than by muscular power, other than a trailer or a vehicle running upon fixed rails;
(pp)
"motor vehicle liability insurance card" means a motor vehicle liability insurance card issued under the Automobile Insurance Act ;
(qq)
"municipality" means
(
i) the City of St. John's ,
(ii)
the City of Corner Brook ,
(iii)
the City of Mount Pearl , and
(iv)
a town incorporated or continued under the Towns and Local Service Districts Act ;
(qq.1)
"non-repairable vehicle" means a vehicle which is incapable of operation or use on the highway and which has no resale value except as a source of parts or scrap;
(rr)
"non-resident" means a person who is not a resident of the province;
(ss)
"official inspection station" means a recognized place of business registered in accordance with the regulations as a facility where inspections and tests on motor vehicles may be carried out;
(tt)
"one-way roadway" means a roadway designated and marked by the minister, a traffic authority or a municipality as a roadway upon which vehicles shall be operated in 1 direction only;
(uu)
"operator" means a person driving a motor vehicle on a highway or who has the care or control of the motor vehicle on a highway whether in motion or not;
(vv)
"owner" means,
(
i) the person who holds the legal title to a vehicle,
(ii)
in the case of a vehicle that is registered, the person in whose name it is registered,
(iii)
in the case of a vehicle that is the subject of a mortgage, the mortgagor if the mortgagor is entitled to possession of the vehicle,
(iv)
in the case of a vehicle that is the subject of a hire-purchase agreement, the person in possession of the vehicle under the agreement, or
(
v) in the case of a vehicle that is the subject of a conditional sale contract, the buyer under the conditional sale contract if the buyer is entitled to possession of the vehicle;
(ww)
"park" means to permit a vehicle, whether occupied or not, to stand otherwise than temporarily for the immediate purpose of and while actually engaged
in loading or unloading goods or taking up or setting down passengers or in obedience to traffic regulations or traffic signs or the directions of a traffic officer;
(xx)
"peace officer" includes a member of the Royal Newfoundland Constabulary, the Royal Canadian Mounted Police Force stationed in the province, a member of a municipal police force and a park warden appointed under the Public Service Employment Act
(Canada) who is stationed in the province;
(yy)
"pedestrian" means
(
i) a person on foot,
(ii)
a person in or on a mobility aid, or
(iii)
a child in a carriage or sleigh;
(zz)
"permit" means a permit which has been issued under this Act
and which has not expired or been suspended or cancelled;
(aaa)
"policy" means an owner's or non-owner's motor vehicle liability policy as defined in the Automobile Insurance Act ;
(bbb)
"proof of financial responsibility" means a certificate of insurance;
(ccc)
"registered" means registered under this Act;
(ddd)
"registrar" means the Registrar of Motor Vehicles appointed under this Act;
(eee)
"registration" means the registration of a motor vehicle or trailer under this Act;
(fff)
"regulate" includes govern, control, permit, restrict, prevent, prohibit and exclude and the power to prescribe conditions;
(ggg)
"resident" means a person who lives in the province for 90 consecutive days or longer in a year;
(ggg.1)
"ride-sharing service" means a service provided by a driver affiliated with a transportation network company for the pre-arranged transportation of passengers for compensation through the use of
a transportation network but does not include a taxi service;
(hhh)
"right" or "right-hand" in reference to a highway or the position of traffic on the highway means the right when facing or moving in the direction of travel;
(iii)
"right-of-way" means the privilege of the immediate use of the roadway;
(jjj)
"roadway" means the portion of a highway that is improved, designed or ordinarily used for vehicular traffic, but does not include the shoulder unless the shoulder is paved, and where a highway includes 2 or more separate roadways the term "roadway" refers to any 1 roadway separately and not to all of
the roadways collectively;
(kkk)
"safety zone" means an area or space which is set apart within a highway for the exclusive use of pedestrians
and which is protected or is so marked or indicated by signs as to be plainly visible at all times
while set apart as a safety zone;
(kkk.1)
"salvage vehicle" means a vehicle which is damaged by collision, fire, flood, accident, trespass or other occurrence to the extent that the cost of repairing the vehicle for operation on the highway exceeds the vehicles fair market value immediately prior to the damage;
(lll)
"school bus" means a motor vehicle
(
i) designed or used to carry 7 or more passengers in addition to the driver,
(ii)
owned, operated by or contracted to the Crown or a school board or an agent of the Crown or a school board, and
(iii)
used to transport children to or from school or to and from places other than school for the purpose of school related activities;
(mmm)
"sidewalk" means that portion of a highway lying between the curb lines or the lateral lines of a roadway and the adjacent property lines set apart for the use of pedestrians and, includes a part of a highway set apart or marked as being for the exclusive use of pedestrians and is considered to include an area of a highway lying between the curb lines or the lateral lines of a roadway and that portion of a highway set apart for the use of pedestrians;
(mmm.1)
"slow moving vehicle" means a vehicle that is not capable of attaining and sustaining
a speed of 80 kilometres an hour;
(nnn)
"state" means a State in the United States of America
and includes the District of Columbia
(ooo)
"stop" means
(
i) when required, the complete cessation of movement, and
(ii)
when prohibited, any stopping or standing of a vehicle whether occupied or not except when necessary to avoid conflict with other traffic or in compliance with the directions of a traffic officer or traffic-control device or signal;
(ppp)
"Superintendent of Insurance" means the Superintendent of Insurance appointed in the manner authorized by law;
(qqq)
"taxi" means a motor vehicle used to transport passengers for compensation other than
(
i) a bus or a school bus used to transport passengers for compensation,
(i.1)
a motor vehicle used for a ride-sharing service, and
(ii)
another motor vehicle not referred to in subparagraph (
i) that only transports children to and from school and school related activities under a contract with the Crown or a school board, or an agent of the Crown or a school board, for that purpose;
(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;
(rrr)
"tire" means that part of a wheel, roller or other contrivance for the moving of an object upon a highway which comes into direct contact with the surface of the highway;
(sss)
"traction engine" means a mechanically-propelled
vehicle running on wheels or caterpillar tracks and designed primarily for traction purposes and not constructed itself to carry a load other than equipment used for the purpose of propulsion, loose tools and equipment, and includes snow ploughs, road conditioning machines and the like;
(ttt)
"traffic" includes vehicles, pedestrians and animals while using a highway for the purpose of travel;
(uuu)
"traffic authority" means the St. John's
Traffic Commission appointed by the St. John's
Municipal Council and the Corner Brook Traffic Commission appointed by the Corner Brook City Council, and includes a council;
(uuu.1)
"traffic compliance officer" means a person designated under subsection 9(1.1);
( vvv
"traffic-control device" means a traffic sign, traffic-control signal, marking, symbol or device consistent with this Act placed or erected by authority of the Minister of Transportation and Infrastructure or a traffic authority for the purpose of regulating, warning or guiding traffic and includes those contained in the Manual of Uniform Traffic Control Devices for Canada;
(www)
"traffic-control signal" means a traffic-control device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed;
(xxx)
"traffic officer" means a peace officer or person referred to in subsection 9(1);
(yyy)
"traffic sign" includes all traffic control signals, warning sign-posts , direction-posts, signs, lines, marks or other devices for the guidance of persons using highways;
(zzz)
"trailer" means a vehicle which has no motive power of its own and which is attached to a truck, or truck tractor or other motor vehicle but does not include
(
i) an implement of husbandry temporarily attached to another vehicle,
(ii)
a side car attached to a motor cycle , or
(iii)
a tow dolly designed to be used to tow another motor vehicle where one or more axles of the towed vehicle rest on the tow dolly;
(zzz.1)
"transportation network" means an online enabled application, a digital platform, a software program, a website or other system or technology platform offered, used or facilitated by a transportation network company to enable a person to obtain a ride-sharing
service;
(zzz.2)
"transportation network company" means a person that offers or facilitates a transportation network;
(aaaa)
[Rep. by 2009 c9 s1]
(bbbb)
[Rep. by 2009 c9 s1]
(cccc)
"truck" means a motor vehicle that is constructed for or primarily used for the transportation of property;
(dddd)
"truck tractor" means a motor vehicle designed and used primarily for drawing another vehicle and not so constructed as to carry a load other than a part of the mass of the vehicle load so drawn;
(eeee)
"urban district" means a municipality, village or built-up district;
(ffff)
"vehicle" means a device in, upon or by which a person or thing may be transported or drawn upon a highway, but does not include devices used exclusively upon fixed rails; and
(gggg)
"vehicle licence" means a licence which has been issued under this Act in respect of a vehicle
and which has not expired or been suspended or cancelled.
1988 c33 s2; 1989 c12 s14; 1989 c19 Sch B; 1989 c33 Sch B; 1990 c43 s1; 1995 c18 s1 ; 1998 c21 s1 ; 1998 c16 ; 1999 c40 s1 ; 2002 c11 s1 ; 2004 c18 s1 ; 2005 c46 s1 ; 2006 c23 s1 ; 2008 c57 s1 ; 2009 c9
s1; 2013 c15 s1 ; 2017 c51 s1 ; 2017 c28 s1 ; 2018 c37 s1 ; 2019 c20 s1 ; 2023 c24 s1 ; 2023 c18 s41 ; 2023 cT-6.2 s321 ; 2024 c17 s1
PART I
ADMINISTRATION
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Division
The Motor Registration Division is continued.
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Registrar
(1)An employee of the division shall be designated as Registrar of Motor Vehicles to perform the duties established in this Act or another Act.
(2) Another employee of the division shall be designated as Deputy Registrar of Motor Vehicles who, in the absence or inability of the registrar or when the office of the registrar is vacant, has the powers and shall perform the duties of the registrar.
(3) In the absence or inability of the deputy registrar or when the office of the deputy registrar is vacant, a member of the division staff named by the minister has, in the circumstances in subsection (2), the powers and shall perform the duties of the registrar.
(4) One or more employees of the division may be designated Deputy Registrars (Local) of Motor Vehicles who may, when in charge of offices of the division outside St. Johns, exercise those powers of the registrar delegated to them by order of the minister.
2000 c26 s1
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Fees and forms
(1)Subject to the approval of the minister, the registrar may prescribe forms for the purpose of this Act.
(2) The minister may set fees for the purpose and administration of this Act.
1998 c21 s2
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Copies
(1)Where a copy of a record or of an entry in records kept in the division is required for the purposes of proceedings started or to be started in a court in the province, the registrar, upon the request of a party to those proceedings, shall prepare a copy of the required record or entry and deliver it to a peace officer or to an officer of the court together with a certificate that the copy is a true copy of the record or entry.
(1.1) Where information contained in driver or vehicle records, or of an entry in those records kept in the division, is requested, a copy of the information contained in the record may be released to
(a)
(
b) research groups, market analysis companies, study groups and similar organizations, where the information is not to be used for solicitation purposes;
(
c) motor vehicle manufacturers or other agents for recall of defective motor vehicles; or
(
d) another individual, group or agency where in the opinion of the minister the release of the information is not contrary to the public interest.
(2) A copy of a record or entry attached to or forming part of a certificate given under subsection (1) when purported to be signed by the registrar is, in the absence of evidence to the contrary, proof of the record or entry and shall be received in evidence by a court in the province without proof of the signature of the registrar on the certificate.
(3) The registrar shall not prepare a copy of a record or entry under subsection (1) where, in the opinion of the minister, the production of the record or entry is contrary to public policy.
1988 c33 s6; 1994 c18 s1
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Registrar shall examine applications
The registrar shall examine and determine the authenticity, regularity and legality of each application made under this Act and may for that purpose
(
a) investigate the application or the applicant; and
(
b) require additional information from the applicant
and the registrar shall reject the application where the registrar is not satisfied with the authenticity, regularity or legality of the application or with the truth of a statement contained in it or for another reason provided for in this Act.
1988 c33 s7; 2024 c17 s2
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Service of notice
(1)Where the minister or the registrar is authorized or required under this Act or the regulations to give a notice, the notice shall be served
(
a) by personal delivery of the notice to the person to be notified; or
(
b) by certified or registered prepaid mail or ordinary mail addressed to the person to be notified at the address as shown in the records of the division.
(2) The service of a notice by mail in accordance with subsection (1) is completed
(
a) in the City of St. John's upon the expiration of 7 days after the notice was delivered to the post office; and
(
b) outside the City of St. John's
upon the expiration of 14 days after the notice was delivered to the post office.
(3) Proof of the service of a notice in either manner provided for in subsection (1) may be made by the certificate of an officer or employee of the division or by an affidavit naming the person to whom the notice was given and specifying the time, place and manner of service.
(4) In a prosecution for an offence under this Act or the regulations a document that purports to be a certificate of the registrar that the notice was served in the manner provided in subsection (1)
(
a) is admissible in evidence without proof of the signature of the registrar; and
(
b) is presumptive proof that the person named in the certificate received notice of the matters referred to in the certificate.
1988 c33 s8
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Powers of registrar
(1)The registrar and those officers of the department that the minister may designate as traffic officers have the power
(
a) of peace officers for the purpose of enforcing this Act and the regulations;
(a.1)
to seize and impound vehicles under paragraph 75(6.1)(b );
(
b) to make arrests upon view and without warrant for a violation of this Act or the regulations committed in their presence;
(
c) to direct traffic in accordance with this Act and the regulations in the event of a fire or other emergency or to expedite the movement of traffic or ensure safety on a highway;
(
d) upon reasonable belief that a motor vehicle is being operated contrary to this Act or the regulations, to require the driver of that vehicle to stop and exhibit the drivers driver's
licence and the licence of the vehicle and to submit to an inspection of the vehicle and the identification plates attached to the vehicle or to an inspection and test of the equipment of the vehicle;
(
e) to inspect a motor vehicle in a garage other than a private garage or in a repair shop or a place where motor vehicles are held for sale or wrecking, for the purpose of locating a stolen vehicle or investigating the registration of the motor vehicle;
(
f) to serve all warrants relating to the enforcement of this Act and the regulations; and
(
g) to investigate traffic accidents and secure the testimony of witnesses or persons involved in the accidents.
(1.1) The minister may designate persons who are not officers of the department as traffic compliance officers and those persons shall have the power of peace officers for the purpose of enforcing a
section of the Act referenced in
section 177.1 using an image capturing enforcement system.
(2) Officers referred to in subsection (1) shall when exercising a power under that subsection display a badge of office which the minister shall prescribe and provide.
1988 c33 s9; 2004 c27 s1 ; 2024 c17 s3
PART II
REGISTRATION AND
LICENSING OF
VEHICLES
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Registration of vehicle required
(1)A person shall not operate or,
being the owner, allow another person to operate, a motor vehicle on a highway unless
(
a) the motor vehicle is registered;
(
b) a trailer drawn by the motor vehicle is registered;
(
c) there is in effect a vehicle licence, appropriate to the class of vehicle, issued under this Act in respect of the motor vehicle and of a trailer drawn by the motor vehicle; and
(
d) there is affixed to the motor vehicle and a trailer drawn by the motor vehicle, in the manner prescribed in this Act or the regulations, valid identification plates or markers issued under this Act or the regulations in respect of the motor vehicle and trailer.
(2) On an application for a vehicle licence the applicant shall make a declaration in a form prescribed by the registrar as to whether or not
the motor vehicle is insured by a policy and the registrar may require evidence of that policy.
(3) Notwithstanding subsection (1), the registrar may, in order to
permit a vehicle which is not licensed or registered to be operated on a highway
(
a) for the purpose of being registered;
(
b) to be moved from one place to another for repairs or to be inspected before registration;
(
c) to be moved from a point of entry into the province to a dealer's premises; or
(
d) for another purpose
approved by the registrar,
upon receipt of the fee that may be prescribed by the minister, issue a permit for the operation of the vehicle for the journey specified in the permit subject to those conditions that the registrar may prescribe in the permit respecting the affixing of a temporary marker to the vehicle and the manner of displaying it while the vehicle is on a highway.
1988 c33 s10; 1998 c21 s3 ; 2009 c9 s2
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Application for registration
(1)The owner of a motor vehicle or trailer shall before it is operated on a highway apply to the registrar for the registration or renewal of registration of the motor vehicle or trailer.
(2) A person who applies for registration or renewal of registration shall apply upon a form prescribed by the registrar.
(3) An application for registration or renewal of registration of a vehicle owned by a corporation shall be signed on behalf of that corporation by a person who in accordance with the regulations governing the conduct of that corporation is ordinarily empowered to sign documents on behalf of the corporation.
(4) An application for registration shall contain
(
a) the name, place of residence and mailing address of the owner of the vehicle or the business address where the owner is a corporation, partnership or association;
(
b) a description of the vehicle, including, where the information required under this paragraph is known or available, the make, model, type of body, the manufacturer's serial number or other identifying mark on the vehicle and, if it is new, the date of sale by the dealer to the owner;
(
c) in the case of a vehicle designed, constructed, converted or rebuilt for the transportation of persons or property, the maximum gross mass of the vehicle;
(
d) where the owner is applying for the 1st time for the registration of the vehicle described in the application, the amount of the purchase price and whether a tax in respect of the vehicle has been paid; and
(
e) whatever other information the registrar may require.
(5) [Rep. by 2009 c9 s3]
(6) Where the manufacturer's serial number or other identifying mark on a vehicle has been obliterated or defaced the registrar shall not register the vehicle until the owner has satisfied the registrar as to the ownership of the vehicle and, if the owner knows it, the reason for the obliteration or defacement and the registrar may permit the owner to cut, impress, emboss or attach permanently to the vehicle a number or mark which afterward is sufficient as an identifying mark for the purposes of paragraph (4)(b).
(7) A person who applies to the registrar for registration shall submit with the application the fees prescribed by the minister for registration of a vehicle of the class described in the application.
(8) Where a person pays the prescribed fee for registration at a bank the registration is considered to be
valid for the time period
that may be established by regulation.
(9) [Rep. by 2009 c9 s3]
(10) The registrar may, before registering a vehicle, require that it be examined and tested by an inspector or official inspection station to determine whether it is of a construction or in a condition that it may be registered for the purpose for which it is intended or for any purpose and the owner of the vehicle shall, at the owners own expense, facilitate the examination and test and, where required by the inspector or official inspection station, dismantle and expose a part of the mechanism or machinery.
(11) The registrar shall before registering
a bus or school bus ascertain in accordance with the regulations the maximum number of passengers which the bus or school bus may carry and enter that number in the record kept in the division in respect of the bus or school bus.
(12) The registrar shall before registering
a commercial motor vehicle ascertain in accordance with the regulations the maximum gross mass at which the vehicle may be operated when loaded and enter that mass in the record kept in the division in respect of the commercial motor vehicle.
(13) Where a vehicle in respect of which an application for registration is filed is a specially constructed, reconstructed or foreign vehicle that fact shall be stated in the application and where the foreign vehicle has been previously registered outside the province the owner shall surrender to the registrar a registration plate, permit or licence or other evidence of foreign registration in the owner's possession or control.
(14) In this
section "foreign vehicle" means a vehicle of a type required to be registered under this Act and brought into this province from another jurisdiction, other than a new vehicle brought into this province in the ordinary course of business by or through a manufacturer or dealer, and not registered in this province.
1988 c33 s11; 1990 c43 s2; 1996 cT-0.01 s16 ; 1998 c21 s4 ; 2006 c23 s2 ; 2009 c9 s3 ; 2024 c17 s4
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Registration and exemptions
(1)An owner or operator of a passenger vehicle, other than a commercial motor vehicle, who is a resident of the province shall register it as required under
section 11.
(2) A non-resident who owns or operates a passenger vehicle, other than a commercial motor vehicle, that is registered in a jurisdiction outside the province in which the non-resident lives and which the person operates for private use, may operate that vehicle in the province without registering it under this Act.
(3) Notwithstanding subsection (1), a person who enters the province to take up residence may operate a vehicle in the province for a period of not longer than 90 days before registering the vehicle as required by this Act.
2009 c9 s3
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Commercial vehicle
(1)A commercial motor vehicle owned or operated by or on behalf of a non-resident shall not be operated in the province unless it is registered under this Act.
(2) Subsection (1) does not apply to a commercial motor vehicle registered or licensed in a jurisdiction outside the province that allows commercial motor vehicles registered under this Act to be operated on the highways of that jurisdiction without requiring the registration or licensing of those vehicles in that jurisdiction.
1988 c33 s13
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Interjurisdictional carrier registration under the Revenue Administration Act
13.1
A person who operates a motor vehicle required to be registered under
section 61 of the Revenue Administration Act
who is not registered as required by that
section commits an offence under this Act.
2009 cR-15.01 s117
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Vehicle of non-resident subject to Act
(1)A vehicle owned or operated by a non-resident in this province is subject to all the restrictions and regulations as to dimensions, equipment and traffic control which apply to a vehicle registered in the province.
(2) A commercial motor vehicle registered in a jurisdiction outside the province shall, while being operated under subsection 13(2), be considered to be registered under this Act at either the maximum gross mass permitted under the laws of the province for that type of vehicle or the maximum gross mass for which it is registered in that jurisdiction, whichever is the lesser.
1988 c33 s14
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Non-application of exemption
The exemptions from registration provided for in this Act in respect of non-residents do not apply to a person who operates a commercial motor vehicle for intra-provincial transportation in the province.
1988 c33 s15
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Registrar to register vehicle
(1)Subject to the regulations, upon receipt of an application in the prescribed form for the registration of a vehicle and upon being satisfied that
(
a) the fees prescribed by the minister have been paid;
(
b) the facts stated in the application are true;
(
c) the provisions of
section 11 that apply to the registration of the vehicle have been complied with; and
(
d) the person is not, due to non-payment of fines, subject to an action listed under
section 16.1,
the registrar shall register the vehicle.
(2) The registrar shall issue, in respect of a vehicle that has been registered,
(
a) a numbered vehicle licence in a form prescribed by the registrar; and
(
b) one or more identification plates as determined by the registrar, and the identification plates shall be distinctive and numbered as the registrar may determine.
(3) The registrar shall not register a vehicle or a transfer of a vehicle
(
a) where the application for registration or transfer contains a false or fraudulent statement;
(
b) where the applicant for registration or transfer has failed to provide information required under this Act or the regulations;
(
c) where the fees prescribed by the minister have not been paid;
(
d) where the provisions of
section 11 that apply to the registration of a vehicle have not been complied with;
(
e) where the registrar has reasonable grounds to believe that the vehicle is a stolen vehicle; or
(
f) where the registration of the vehicle has been suspended or cancelled in accordance with this Act and the period of suspension or cancellation has not expired.
(4) The registrar may issue different vehicle licences and identification plates in respect of different classes of vehicles or in respect of the same class of vehicle used for different purposes.
(5) The registrar may attach to
(
a) a vehicle licence issued in respect of a bus or school bus a condition that the bus or school bus shall not be used to carry at one time a greater number of passengers than the number specified in the licence;
(
b) a vehicle licence issued in respect of a commercial motor vehicle a condition that the vehicle shall not be operated when the maximum gross mass of the vehicle when loaded exceeds the mass specified in the licence; and
(
c) a vehicle licence issued in respect of a vehicle a condition that the vehicle shall not be operated
(
i) except on certain highways or classes of highways or parts of highways specified in the licence, or
(ii)
in excess of
the maximum speed specified in the licence on certain highways or classes of highways or parts of highways specified in the licence or on a highway,
having regard to the size, mass or construction of the vehicle and the possibility of its being injurious to the highway or of being a source of danger to persons travelling in the vehicle or using the highway or to other vehicles on the highway.
(6) The registrar may issue a temporary permit to operate a vehicle for which application for registration has been made, pending action by the registrar on the application and the registrar may attach to the temporary permit conditions respecting the use and operation of the vehicle.
(7) The registrar may refuse to register a vehicle
(
a) where an inspector has certified that the vehicle is of a construction or in a condition which makes it mechanically unfit or unsafe to be operated or moved on a highway or because it may injure the highway or be a source of danger to persons travelling in the vehicle or using the highway or to other vehicles on the highway;
(
b) where it appears to the registrar that the vehicle or the use of the vehicle contravenes of this or another Act or the regulations;
(
c) where the owner of the vehicle owes money to the Crown on account of an assessment under
Part VIII of the Revenue Administration Act
or under
Part IX of the Excise Tax Act
( Canada
) in respect of the vehicle;
(
d) where the owner of the vehicle has been convicted of an offence under this Act or the Criminal Code
arising out of the use or operation of that or another vehicle and has not paid the fine or served the term of imprisonment imposed by the convicting court in respect of the offence; or
(
e) where a person other than the owner has been convicted of an offence under this Act or the Criminal Code
arising out of the use or operation of the vehicle with the consent or knowledge of the owner and has not paid the fine or served the term of imprisonment imposed by the convicting court in respect of the offence.
1988 c33 s16; 1998 c21 s5 ; 2006 c23 s3 ; 2009 cR-15.01 s117 ; 2009 c9 s5
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Non-payment of fines
16.1
(1)Where a person who has not paid a fine, including a fine under the Criminal Code
payable to the Crown, is the holder of a driver's licence or a vehicle registration, the Registrar of Motor Vehicles shall not issue or renew the driver's licence or vehicle registration or register a transfer of a vehicle of the person where the person has not paid the fine or an applicable late payment penalty within the time allowed, until the fine or late payment penalty are paid, and the proof of payment is the responsibility of the person.
(2) Subsection (1) does not apply to a person who has failed to pay a fine relating to a conviction for a violation of a regulation made under the City of St. John's Act,
the City of Corner Brook Act
, the City of Mount Pearl Act,
the Towns and Local Service Districts Act
or the Urban and Rural Planning Act, 2000
that does not involve the operation of a motor vehicle.
1995 cP-31.1 s53 ; 1997 c13 s29 ; 2005 c25 s1 ; 2024 c17 s5 ; 2023 cT-6.2 s321
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Rep. by 2020 c13 s1
16.2
[Rep. by 2020 c13 s1]
2020 c13 s1
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Rep. by 2020 c13 s1
16.3
[Rep. by 2020 c13 s1]
2020 c13 s1
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Rep. by 2020 c13 s1
16.4
[Rep. by 2020 c13 s1]
2020 c13 s1
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Application for license
(1) An application for a licence to carry on business as a dealer shall be made to the registrar in writing and in the form and manner set by the registrar.
(2) The registrar may issue a licence to carry on business as a dealer to a person who
(
a) submits an application
in the form and manner set by the registrar;
(
b) pays the fee set by the minister;
(
c) provides a certificate of conduct from the Royal Newfoundland Constabulary or a certified criminal records check from the Royal Canadian Mounted Police;
(
d) submits security in the form and amount prescribed in the regulations; and
(
e) provides the documents and other information prescribed in the regulations.
(3) Notwithstanding subsection (2), where the person applying for a licence to carry on business as a dealer is a corporation, the registrar may issue a licence to the corporation where the corporation
(
a) submits an application
in the form and manner set by the registrar;
(
b) pays the fee set by the minister;
(
c) provides a certificate of conduct from the Royal Newfoundland Constabulary or a certified criminal records check from the Royal Canadian Mounted Police for each director and officer of the corporation;
(
d) provides a current Certificate of Good Standing from the Registry of Companies;
(
e) submits security in the form and amount prescribed in the regulations; and
(
f) provides the documents and other information prescribed in the regulations.
1988 c33 s17; 2020 c13 s1
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License
(1) A licence issued under
section 17
(a)
(
b) is not transferrable; and
(
c) remains in effect, subject to the submitting of the documents and information prescribed in subsection (2) and the payment of an annual fee set by the minister, until suspended or cancelled by the registrar.
(2) Each year before the anniversary date of the issuance of a licence to a dealer, the dealer shall
(
a) pay the fee set by the minister; and
(
b) provide the following to the registrar:
(
i) proof that the security referred to in paragraph 17(2)(
d) or 17(3)(
e) is still valid,
(ii)
a current Certificate of Good Standing from the Registry of Companies, where the dealer is a corporation, and
(iii)
the documents or other information prescribed in the regulations.
(3) In addition to the documents referred to in paragraph (2)(b), a dealer shall, where requested by the registrar, provide
(
a) a certificate of conduct from the Royal Newfoundland Constabulary or a certified criminal records check from the Royal Canadian Mounted Police; or
(
b) where the dealer is a corporation, a certificate of conduct from the Royal Newfoundland Constabulary or a certified criminal records check from the Royal Canadian Mounted Police for each director and officer of the corporation.
1988 c33 s18; 2020 c13 s1
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Issuance of temporary registration, identification plates and markers
A dealer licensed under
section 17 shall
(
a) prepare, maintain and keep records in accordance with the regulations;
(
b) disclose to a purchaser the information prescribed in the regulations before selling a vehicle to a purchaser;
(
c) ensure that a second hand
vehicle is inspected by an official inspection station and that a vehicle inspection certificate is
obtained from the official inspection station before selling a second hand
vehicle to a person other than another dealer;
(
d) store and use identification plates and dealer plates in accordance with this Act and the regulations;
(
e) pay all outstanding fines, including a fine under the Criminal Code payable to the Crown or a late payment penalty, within the time allowed for payment; and
(
f) comply with this Act, the regulations and any terms, conditions and requirements that may be prescribed by the registrar.
1988 c33 s19; 2020 c13 s1
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Application for license
The registrar may, in accordance with the regulations, authorize a dealer to issue to an owner of a motor vehicle one or more of the following:
(
a) a temporary registration;
(
b) an identification plate; or
(
c) a marker.
1988 c33 s206; 2009 c9 s6 ; 2020 c13 s1
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Dealer plates
(1)The registrar may, in accordance with the regulations, issue dealer plates to a dealer to be attached to vehicles owned or operated by the dealer.
(2) A dealer plate may, during the period for which it is issued, be transferred from a vehicle to another vehicle owned or operated by the dealer to whom the dealer plate was issued.
(3) A vehicle shall not be operated with a dealer plate attached except
(
a) by the dealer or an employee of the dealer; or
(
b) for a period not exceeding 3 consecutive days by a person to whom the vehicle has been loaned by the dealer for demonstration purposes with a view to the sale of the vehicle to that person.
(4) A dealer shall not attach, or permit to be attached, a dealer plate to a vehicle that is used
(
a) for the carriage of persons or goods for compensation;
(
b) for private use or hire; or
(
c) as a service vehicle.
(5) Where a licence is suspended or cancelled under
section 24, the dealer shall return to the registrar all dealer plates issued to the dealer
and all identification plates and markers provided to the dealer.
1988 c33 s21; 2020 c13 s1
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Audit
The registrar may conduct an audit of a dealer in relation to
(
a) the dealer's inventory of dealer plates, identification plates and markers;
(
b) the temporary registrations issued by the dealer and the monies collected for those registrations; and
(
c) records required to be kept by a dealer.
1988 c33 s22; 2020 c13 s1
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Prohibition
(1) A person shall not carry on business as a dealer unless the person is licensed under this Act.
(2) A dealer shall not carry on business in a name other than the name in which the licence is issued.
(3) A dealer shall not operate, or permit to be operated, a vehicle owned by the dealer on a highway unless the vehicle
(
a) is registered to the dealer; or
(
b) has a dealer plate issued to the dealer attached to the vehicle.
1988 c33 s23; 2009 c9 s7 ; 2020 c13 s1 ; 2024 c17 s6
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Suspension or cancellation license
(1) The registrar may suspend or cancel a licence where the registrar is satisfied that the person to whom the licence was issued
(
a) violated a term or condition of the licence;
(
b) made a material misrepresentation in the application for a licence or in the documents or information submitted to the registrar under
section 17 or 18;
(
c) contravened a provision of sections 17 to 23; or
(
d) contravened the regulations made under paragraphs 186(1)(f.1) to (f.8).
(2) Where the registrar suspends or cancels a licence, the registrar shall give written notice of the suspension or cancellation in writing to the person to whom the licence was issued.
1988 c33 s24; 2020 c13 s1
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Application for license
24.1
(1) An application for a licence to carry on business as a transportation network company shall be made to the registrar in writing and in the form and manner set by the registrar.
(2) The registrar may issue a licence to carry on business as a transportation network company to a person who
(
a) submits an application
in the form and manner set by the registrar;
(
b) pays the fee set by the minister; and
(
c) provides the documents and other information prescribed in the regulations.
(3) Notwithstanding subsection (2), where the person applying for a licence to carry on business as a transportation network company is a corporation, the registrar may issue a licence to the corporation where the corporation
(
a) submits an application
in the form and manner set by the registrar;
(
b) pays the fee set by the minister;
(
c) provides a current Certificate of Good Standing from the Registry of Companies; and
(
d) provides the documents and other information prescribed in the regulations.
(4) Notwithstanding subsections (2) and (3), the minister may, by regulation, prohibit transportation network companies from carrying on business in a municipality where the municipality
(
a) passes a resolution respecting the prohibition of transportation network companies carrying on business in the municipality; and
(
b) submits to the minister a request, in writing, that the minister prohibit transportation network companies from carrying on business in the municipality.
2023 c24 s2
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License
24.2
(1) A licence issued under
section 24.1
(a)
(
b) i s not transferrable; and
(
c) remains in effect, subject to the submitting of the documents and information prescribed in subsection (2) and the payment of an annual fee set by the minister, until suspended or cancelled by the registrar.
(2) Each year before the anniversary date of the issuance of a licence to a transportation network company, the transportation network company shall
(
a) pay the fee set by the minister; and
(
b) provide the following to the registrar:
(
i) a current Certificate of Good Standing from the Registry of Companies, where the transportation network company is a corporation, and
(ii)
the documents or other information prescribed in the regulations.
2023 c24 s2
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Duties of transportation network company
24.3
A transportation network company licensed under
section 24.1 shall
(
a) prepare, maintain and keep records in accordance with the regulations; and
(
b) comply with this Act, the regulations and any terms, conditions and requirements that may be prescribed by the registrar.
2023 c24 s2
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Prohibition
24.4
(1) A person shall not carry on
business as a transportation network company unless the person is licensed under this Act.
(2) A transportation network company shall not carry on business in a name other than the name in which the licence is issued.
(3) A transportation network company shall not carry on business in a municipality prescribed in the regulations.
2023 c24 s2
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Suspension or cancellation of license
24.5
(1) The registrar may suspend or cancel a licence where the registrar is satisfied that the person to whom the licence was issued
(
a) violated a term or condition of the licence;
(
b) made a material misrepresentation in the application for a licence or in the documents or information submitted to the registrar under
section 24.1 or 24.2;
(
c) contravened a provision of sections 24.1 to 24.4; or
(
d) contravened the regulations made under paragraphs 186(1)(f.9) to (f.11) and
section 197.1.
(2) Where the registrar suspends or cancels a licence, the registrar shall give written notice of the suspension or cancellation to the person to whom the licence was issued.
2023 c24 s2
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Inspectors
The minister may appoint a person or category of persons to act as inspectors for the purposes of this Act and the regulations.
1988 c33 s25; 2020 c13 s1
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Inspection
(1)An inspector may, at all reasonable times and without a warrant, for a purpose related to the administration or enforcement of sections 17 to 23 of this Act or the regulations enacted under paragraphs 186(1)(f.1) to (f.8),
inspect or examine the premises, property, books and records of a dealer or person that the inspector considers relevant for the purpose of determining compliance with sections 17 to 23 of this Act or the regulations enacted under paragraphs 186(1)(f.1) to (f.8) and the inspector may do one or more of the following:
(
a) enter a premises where
(
i) any property, books or records relating to a dealer are or may be kept, or
(ii)
anything is done or is suspected by the inspector of being done in connection with a requirement of sections 17 to 23 of this Act or the regulations enacted under paragraphs 186(1)(f.1) to (f.8 );
(
b) make copies, extracts, photographs or videos the inspector considers necessary;
(
c) require the dealer or the owner or person in charge of a premises or their employees to
(
i) give the inspector all reasonable assistance, including the production of property, books and records as requested by the inspector, and to answer all questions relating to the administration, compliance or enforcement of sections 17 to 23 of this Act and the regulations enacted under paragraphs 186(1)(f.1) to (f.8) and, for that purpose, require a person to attend at the premises with the inspector; and
(ii)
make available the means to generate and manipulate books and records that are in machine readable or electronic form and any other means or information necessary for the inspector to assess the books and records.
(2) Notwithstanding subsection (1), an inspector appointed under this Act shall not enter a dwelling-house without the consent of the occupant except under the authority of a warrant.
(3) A person shall not knowingly make a false or misleading statement, either orally or in writing, to the inspector while the inspector is exercising powers or carrying out duties or functions under this Act or the regulations.
1988 c33 s26; 2020 c13 s1
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Warrants
(1)Where an inspector under this Act
(
a) is denied entry to a premises or dwelling-house to carry out an inspection; or
(
b) believes on reasonable and probable grounds that there has been a contravention of sections 17 to 23 of this Act or the regulations enacted under paragraphs 186(1)(f.1) to (f.8),
the inspector may file an application with the Provincial Court for a warrant.
(2) Where a Provincial Court judge is satisfied on the basis of an inspector's sworn information that there are reasonable grounds to believe that the inspector has been denied entry to a premises or dwelling-house to carry out an inspection or there has been a contravention of sections 17 to 23 of this Act or the regulations enacted under paragraphs 186(1)(f.1) to (f.8), the judge may issue a warrant authorizing the inspector to do one or both of the following:
(
a) enter the premises or dwelling-house and carry out an inspection under this Act; or
(
b) seize or remove any of the property, books or records that may be required as evidence of contravention and may retain those documents until the time they are required in a court proceeding.
(3) A Provincial Court judge may receive and consider an application for a warrant or extension of a warrant without notice to the dealer or the owner or person in charge of the premises or dwelling-house.
(4) A dealer or an owner or a person in charge of a premises and their employees, or an occupant of a dwelling-house shall not obstruct an inspector while the inspector is exercising the powers and performing the duties and functions as authorized by the warrant.
(5) At the request of an inspector, a peace officer shall assist in enforcing a warrant.
1988 c33 s27; 2020 c13 s1
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Telewarrants
27.1
(1)Where in the opinion of an inspector it would not be practical to appear before a Provincial Court judge to apply for a warrant, the inspector may make the application by telephone or other means of telecommunication.
(2) Where the information in support of an application for a warrant is submitted by telephone or other means of telecommunication, the information shall be given under oath or affirmation, and the oath or affirmation may be administered by telephone or other means of telecommunication.
(3) The information submitted by telephone or other means of telecommunication shall include
(
a) a statement of the circumstances that make it impracticable for the inspector to appear personally before a Provincial Court judge; and
(
b) a statement of the inspectors grounds for believing that a person has contravened this Act or the regulations or that entry onto public or private premises where a contravention of this Act or the regulations is believed to occur has been denied.
(4) The sworn or affirmed information submitted by telephone or other means of telecommunication by an inspector shall specify the name of the person giving evidence, the facts ascertained and the manner and location in which evidence was received, and a record of that information shall be filed by the Provincial Court judge with the clerk of the court over which the judge presides.
(5) Where an inspector acts under the authority of a warrant obtained under this section, the inspector shall provide a facsimile of the warrant to the dealer or the owner or employee of the premises or the owner or occupant of the dwelling house at the time the warrant is carried out.
(6) In subsection (5), "facsimile" includes a record produced by electronic means or a written record of a telephone conversation made by both parties to the conversation while it is in progress and which the parties have confirmed as to its accuracy by reading their record of the conversation to one another at the end of the conversation.
2020 c13 s1 ; 2024 c17 s7
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Licence, etc. property of Crown
(1)Every licence, identification plate, marker and permit that the registrar issues is
and remains the property of the Crown and shall be returned to the registrar on the registrars request.
(2) Where a person finds an identification plate or vehicle licence that was not issued in respect of a vehicle that person owns and the period for which the identification plate or vehicle licence was issued has not expired, the finder shall return the plate or licence to the registrar or nearest traffic officer.
(3) A traffic officer who receives an identification plate or vehicle licence under subsection (2) shall return the identification plate or vehicle licence to the registrar.
1988 c33 s28; 2009 c9 s8 ; 2024 c17 s8
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Driver to produce vehicle licence
A driver, owner or person having the care and control of a vehicle shall produce the vehicle licence issued for the vehicle for inspection when a peace officer or inspector so requests.
1988 c33 s29
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Attachment of plates
(1)A driver, owner, or a person having care or control of a vehicle shall ensure that identification plates are securely fastened at all times to the vehicle for which they are issued so as to prevent the plates from swinging and are at a height of not less than 30 centimetres from the ground measured from the bottom of each plate and in a place and position so that the plate is clearly visible.
(2) In addition to the requirements of subsection (1), a driver, owner or a person having care or control of a vehicle shall ensure that
(
a) where one plate is issued, that the plate is clearly visible from the rear of the vehicle; and
(
b) where 2 plates are issued, one plate is clearly visible from the front of the vehicle
and the other plate is clearly visible from the rear of the vehicle.
2009 c9 s9
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Plate to be kept clean
Each identification plate shall be kept free from dirt and shall be so affixed and maintained that the numbers on it may at all times
be plainly visible and clearly legible and that the view of the plate shall not be obstructed or obscured.
1988 c33 s31
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Other plate
A plate or number capable of being confused with an identification plate or the number on a plate shall not be exposed upon a part of a vehicle.
1988 c33 s32
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Seizure of plate
A traffic officer, who has reason to suspect that a vehicle has exposed on it an identification plate that was not issued for it or which although issued for it was obtained by false pretences or that is being used contrary to this Act or the regulations, may take possession of the identification plate and retain it until the facts as to the carrying of the plate have been determined.
1988 c33 s33
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Identification markers
The registrar may issue other plates or markers that may be prescribed in regulations made under
section 195, in addition to the identification plates referred to in
section 16, which shall be displayed on the vehicle in the manner that may be prescribed in the regulations.
2009 c9 s10
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Where licence plate, etc. lost
Where a vehicle licence, identification plate, marker or permit issued in respect of a vehicle is lost or becomes mutilated or illegible, the owner of the vehicle shall notify the registrar who may, on payment of the fee prescribed by the minister, issue a duplicate or substitute a new licence, identification plate, marker or permit.
1988 c33 s35; 1998 c21 s6
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Effective term of licence
A licence, identification plate, marker or permit that is issued or validated under this Act or the regulations is in force during the period of time
prescribed.
1988 c33 s36
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Transfer of ownership
Where there is a sale or other transfer of ownership of a registered vehicle, the transferor and the transferee shall by written notice in the form that the registrar prescribes notify the registrar of the transfer within 10 days after the transfer takes place.
1988 c33 s37
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Change of address
Where an owner of a licensed vehicle changes address
a notice of that change of address shall be given to the registrar within 10 days of the change.
1988 c33 s38; 2024 c17 s9
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Change of name
Where the name of a person who has applied for or obtained registration of a vehicle is afterward changed by marriage or otherwise that person shall within 10 days notify the registrar of the change, giving the former name and new name.
1988 c33 s39
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Record of registration
(1)The registrar shall keep a record of the registration of vehicles that shall include
(
a) the name and address of each person in whose name a vehicle is registered;
(
b) the number of each vehicle licence and identification plate issued, the name and address of the person in whose name each is issued and a description of the vehicle in respect of which it is issued;
(
c) a record of each registration that has been suspended or cancelled; and
(
d) other information that the registrar may receive about the vehicle and the owner.
(2) The registrar may exchange on a reciprocal basis with similar officials in other jurisdictions information contained in records kept under this section.
1988 c33 s40
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Suspension of registration
(1)The registrar may suspend or cancel the registration of a vehicle
(
a) upon finding that false information was contained in the application for registration;
(
b) where a cheque taken by the division in payment of the required fee for the issuing of a vehicle licence is returned to the division because of the non-acceptance of the cheque by a bank or other financial institution;
(
c) under the circumstances referred to in subsection 16(7);
(
d) where the registrar is informed that no policy is in effect with respect to the vehicle; or
(
e) where the vehicle has been dismantled or wrecked.
(2) The registrar shall notify the owner of a vehicle when the registration of that vehicle is suspended or cancelled and the owner shall immediately return to the registrar the vehicle licence and identification plates of the vehicle and where the vehicle licence and identification plates are not returned the registrar may instruct an inspector or a traffic officer to take possession of the licence and plates and deliver them to the registrar.
(3) A person who dismantles, scraps or destroys or buys for scrap a vehicle in respect of which there exists a valid vehicle licence shall deliver to the registrar the identification plates and vehicle licence of that vehicle and inform the registrar that the vehicle has been or is to be dismantled, scrapped or destroyed and on receipt of the plates and licence or of the information, the registrar shall cancel the registration of the vehicle.
(4) [Rep. by 2009 c9 s11]
1988 c33 s41; 1994 c18 s2 ; 2009 c9 s11
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Offence
A person is guilty of an offence who
(
a) contrary to
(i)
paragraph 10(1)(
a) or (c), operates, or being the owner of the vehicle, allows another person to operate, a vehicle on a highway, other than a trailer, having a registered or required to be registered maximum gross mass
(
A) not in excess of
4,500 kilograms,
(
B) exceeding 4,500 kilograms but not exceeding 10,900 kilograms, or
(
C) exceeding 10,900 kilograms, or
(ii)
paragraph 10(1)(b), operates, or being the owner allows another person to operate a trailer on a highway, having a registered or required to be registered maximum gross mass
(
A) not in excess of
4,500 kilograms or being a semitrailer or recreation trailer,
(
B) exceeding 4,500 kilograms but not exceeding 10,900 kilograms, or
(
C) exceeding 10,900 kilograms, or
(iii)
paragraph 10(1)(
d) operates or being the owner of the vehicle, allows another person to operate a vehicle on a highway;
(
b) defaces or alters a vehicle licence or an identification plate or marker required to be affixed to a vehicle, subject to subsection 41(4);
(b.1)
defaces, alters or removes the manufacturer's vehicle identification number or other identifying mark of a vehicle;
(
c) uses or permits the use of a vehicle bearing an identification plate or marker, required in respect of the vehicle, that is mutilated, defaced or altered;
(
d) without the authority of the owner removes from a vehicle an identification plate or marker required in respect of the vehicle;
(
e) uses or permits the use of an identification plate or marker upon a motor vehicle other than the plate or marker issued for the vehicle under this Act or the regulations;
(
f) uses or permits the use of a marker or number or plate upon a motor vehicle capable of being confused with the identification plate or marker of the vehicle issued or prescribed for the vehicle;
(
g) being the owner or having the custody of a vehicle in respect of which the licence is suspended or cancelled under this Act refuses or fails to surrender the identification plates to the registrar or to a traffic officer or inspector requesting them;
(
h) gives a false name or address in an application under this Part or makes a false statement or conceals a material fact in the application or in a statement made or in giving information to the registrar for a purpose in connection with this Part;
( i
after the registration of a vehicle is suspended or cancelled and during the period of suspension or before the vehicle may be registered, applies for or obtains registration of the vehicle or has possession of a vehicle licence for the vehicle;
(
j) uses or permits the use of a fictitious identification plate or marker on a vehicle; or
(
k) being required by subsection 41(3) to deliver to the registrar identification plates and vehicle licence of a vehicle or to give information to the registrar, fails to do so.
1988 c33 s42; 1992 c50 s1 ; 1994 c18 s3 ; 1995 c18 s2
PART III
LICENSING OF DRIVERS
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Exception to Cokes rule
42.1
In this Part, in determining whether a conviction is a second or third or subsequent conviction, the only consideration shall be the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether an offence occurred before or after a conviction.
2000 c26 s2
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Drivers licence
(1)A person shall not operate upon a highway a motor vehicle or class of motor vehicle, unless that person holds a driver's licence that
(
a) has been issued to that person;
(
b) authorizes that person to operate that motor vehicle or that class of motor vehicle; and
(
c) has not expired or that is not invalid.
(2) A person
(
a) whose drivers licence has been suspended or cancelled;
(
b) who has been disqualified from holding or obtaining a drivers licence;
(
c) who has been refused a drivers licence; or
(
d) who has been prohibited from driving a motor vehicle
shall not operate upon a highway a motor vehicle or class of motor vehicle.
(3) Notwithstanding subsection (1) or (2), a person who, under this Act,
(
a) is taking a drivers examination for the purpose of obtaining a licence to operate a motor vehicle or class of motor vehicle; or
(
b) as part of an approved driving course being conducted by an approved driving school, is undergoing an on-road driver evaluation,
may, for the purpose of the examination or evaluation, drive an appropriate motor vehicle upon a highway when accompanied by an examiner or approved driving instructor.
(4) A person who drives a motor vehicle without a driver's licence in violation of paragraph (1)(
b) is guilty of an offence.
(4.1) Where a third or subsequent conviction has been entered against a person under subsection (4) for failure to comply with paragraph (1)(b), that person is liable to
(
a) a fine set out in the Schedule;
(
b) imprisonment for a term of not more than 30 days; or
(
c) both a fine and imprisonment.
(5) A person who drives a motor vehicle without a driver's licence in violation of paragraph (1)(
a) or (
c) is guilty of an offence.
(5.1) Where
(
a) a second conviction has been entered against a person under subsection (5) for failure to comply with paragraph (1)(
a) or (
c) within 2 years of the first conviction, that person is liable to
(
i) a fine set out in the Schedule,
(ii)
imprisonment for a term of not more than 30 days, or
(iii)
both a fine and imprisonment; and
(
b) a third or subsequent conviction has been entered against a person under subsection (5) for failure to comply with paragraph (1)(
a) or (
c) within 5 years of the first conviction, that person is liable to
(
i) a fine set out in the Schedule,
(ii)
imprisonment for a term of not less than 31 days and not more than 6 months, or
(iii)
both a fine and imprisonment.
(6) A person who drives a motor vehicle in violation of subsection (2) is guilty of an offence.
(6.1) Where
(
a) a second conviction has been entered against a person under subsection (6) for failure to comply with subsection (2) within 2 years of the first conviction, that person is liable to
(
i) a fine set out in the Schedule,
(ii)
imprisonment for a term of not more than 30 days, or
(iii)
both a fine and imprisonment; and
(
b) a third or subsequent conviction has been entered against a person under subsection (6) for failure to comply with subsection (2) within 5 years of the first conviction, that person is liable to
(
i) a fine set out in the Schedule,
(ii)
imprisonment for a term of not less than 31 days and not more than 6 months, or
(iii)
both a fine and imprisonment.
(7) Where a judge imposes sentences of imprisonment under 2 or more of the following provisions:
(a)
paragraph (5.1)(a );
(b)
paragraph (5.1)(b );
(c)
paragraph (6.1)(a );
(d)
paragraph (6.1)(b );
(e)
paragraph 75(5.1)(a); or
(f)
paragraph 75(5.1)(b),
the judge may, in the judges discretion, direct that the sentences be served consecutively.
(8) For the purpose of this section, an approved driving course is a course offered by an approved driving school in accordance with the regulations and an approved driving instructor is a driving instructor approved in accordance with the regulations.
2012 c17 s1 ; 2019 c20 s2 ; 2024 c17 s10
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Examiners
The registrar may appoint examiners to examine applicants for a driver's licence to determine whether they are competent to operate a motor vehicle or a class of vehicle.
1988 c33 s44
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Application for licence
(1)A person who applies for a driver's licence or renewal of a driver's licence shall apply upon a form, prescribed by the registrar and shall sign the application in the persons own handwriting with a pen.
(2) An application for a driver's licence or renewal shall contain
(
a) the name, place of residence and the mailing address of the applicant; and
(
b) the other information that the registrar may require.
(3) [Rep. by 2009 c9 s12]
(4) A person who applies for a driver's licence shall submit with the application the fee prescribed by the minister for the issue of a driver's licence of that class.
(5) An applicant for a driver's licence shall, where required by the registrar, file with the registrar an affidavit or statutory declaration verifying the particulars given in the application.
(6) The registrar may before issuing
a driver's licence or at a time after issuing the licence to a person require that person
(
a) to produce a birth certificate or other proof of age satisfactory to the registrar;
(
b) to undergo a medical examination and produce a certificate of the examination in the form that the registrar may prescribe to determine whether that person is physically and mentally competent to operate a motor vehicle or a class of motor vehicle; and
(
c) to take the oral, written, road driving or other examination that the registrar may authorize or direct to determine whether that person is, in the opinion of the registrar or the examiner, competent to operate a motor vehicle or a class of motor vehicle.
(7) A person shall not apply on behalf of another person for a driver's licence or renewal of a driver's licence.
(8) A person who has been refused a driver's licence and who applies for a driver's licence without disclosing the fact of the previous refusal is guilty of an offence and where that person obtains a driver's licence without having disclosed that fact the licence so obtained is not a valid driver's licence.
1988 c33 s45; 1998 c21 s7 ; 2006 c23 s4 ; 2009 c9 s12 ; 2024 c17 s11
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Registrar shall issue licence
(1)Subject to the regulations, upon receipt of an application in the prescribed form for the issue of a driver's licence to operate upon a highway a motor vehicle, or class of vehicle and, where required, upon compliance of the applicant with subsections 45(4), (5) and (6) and upon being satisfied that
(
a) the facts stated in the application are true; and
(
b) on the basis of
the medical examination undergone under paragraph 45(6)(
b) and of the examination taken under paragraph 45(6)(c), the applicant is competent to operate upon a highway a motor vehicle or the applicable class of vehicle,
the registrar shall issue to the applicant a numbered driver's licence in a form prescribed by the registrar authorizing the holder of the licence to operate upon a highway, subject to this Act and the regulations, the motor vehicle, or the class of vehicle, specified in the licence.
(2) The registrar may in a driver's licence authorize the holder of the licence to drive more than 1 class of vehicle or to drive a vehicle for more than 1 purpose.
(3) The registrar may, in a driver's licence restrict the holder of the licence
(a)
[Rep. by 2009 c9 s13]
(
b) to driving a vehicle only under the conditions or for the purposes specified in the licence; or
(c)
[Rep. by 2009 c9 s13]
1988 c33 s46; 2009 c9 s13
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Expiry of licence
(1)A driver's licence shall expire on the date shown on the licence.
(2) The expiry date of each licence shall be shown on the licence.
(3) Notwithstanding subsections (1) and (2), where a person pays the prescribed fee for a drivers licence at a bank the drivers licence is considered to be
valid for the time period
that may be established by regulation.
1988 c33 s47; 1990 c43 s3; 2006 c23 s5
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Registrar shall not issue licence
(1)Except as provided for in subsection 71(4), the registrar shall not issue a driver's licence
(
a) for the operation of a motor vehicle to a person who is under an age that may be prescribed by the regulations;
(b)
[Rep. by 1998 c16 s2 ];
(
c) to a person whose application contains a false or fraudulent statement;
(
d) to a person who has failed to provide information required under this Act;
(
e) where the prescribed fees for the issue of the driver's licence have not been paid;
(
f) for the operation of a motor vehicle to a person where, on the basis of
a medical examination undergone under paragraph 45(6)(
b) or of an examination taken under paragraph 45(6)(c), the registrar is of the opinion that that person is not competent to operate the motor vehicle;
(g)
[Rep. by 2009 c9 s14]
(
h) to a person whose driver's licence has been suspended or cancelled in accordance with this Act and the period of suspension or cancellation has not expired;
(
i) to a person whose driver's licence issued under the laws of a jurisdiction outside the province has to the registrar's knowledge been suspended or cancelled in accordance with the laws of that jurisdiction and the period of suspension or cancellation has not expired;
(
j) to a person who has been disqualified under this Act from holding or obtaining a driver's licence or who to the registrar's knowledge has under the laws of a jurisdiction outside the province been
(
i) disqualified or prohibited from driving a vehicle of the class for which that person has applied for a driver's licence under this Act, or
(ii)
disqualified or prohibited from holding a driver's licence to operate the class of vehicle for which that person has applied under this Act, and the disqualification or prohibition has not been lifted
or the period of disqualification or prohibition has not expired;
(
k) to a person who owes money to the Crown on account of an assessment under
Part VIII of the Revenue Administration Act
in respect of a vehicle;
(k.1)
to a person who has not paid a fine, including a fine imposed under the Criminal Code
payable to the Crown or a late payment penalty, within the time allowed for payment;
(
l) to a person who has been convicted of an offence under this Act or the Criminal Code
arising out of the use or operation of a vehicle and has not paid the fine or served the term of imprisonment imposed by the convicting court in respect of the offence;
(
m) to a person who owns a vehicle used or operated with the owner's consent by another person who has been convicted of an offence under this Act or the Criminal Code
arising out of the use or operation of that vehicle and who has not paid the fine or served the term of imprisonment imposed by the convicting court in respect of the offence; or
(
n) to a person whose record, in the opinion of the registrar, makes the person unsuitable to hold a licence and in forming that opinion the registrar may consider
(
i) the physical or mental condition or history of the applicant,
(ii)
the applicant's accident record, and
(iii)
the applicant's record in this province or elsewhere in respect of offences arising out of the use or operation of a motor vehicle or in the commission of which a motor vehicle was used.
(2) A driver's licence that is issued to a person contrary to subsection (1) or before the registrar has knowledge of the matter referred to in that subsection is invalid and does not become valid where the person later becomes qualified to hold a driver's licence.
(3) A person shall not be entitled to a return of a fee or a portion of a fee where a licence is issued to a person contrary to subsection (1).
(4) Where a person is disqualified or prohibited from driving or obtaining a driver's licence under this Act or the laws of a jurisdiction outside the province while the person is not of a legal age to drive a motor vehicle, the registrar shall not issue a driver's licence to that person when the person becomes of legal age to drive a motor vehicle and applies for a driver's licence, until the length of time of that disqualification or prohibition occurring before reaching that legal age has been added to the time during which the person is of a legal age to drive a motor vehicle.
(5) Where a person without a licence to drive a motor vehicle has been disqualified or prohibited from driving or obtaining a driver's licence under this Act or the laws of a jurisdiction outside the province, the person shall be treated as if the person had been a licensed driver under this Act when disqualified or prohibited from driving or obtaining a driver's licence.
1988 c33 s48; 1994 c18 s4 ; 1995 c18 s4 ; 1995 cP-31.1 s53 ; 1997 c13 s29 ; 1998 c21 s8 ; 1998 c16 s2 ; 2009 cR-15.01 s117 ; 2009 c9 s14 ; 2024 c17 s12
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Licence to be signed
(1)A licence issued by the registrar is not valid until it is signed, and that signature may be reproduced by photographic or electronic means.
(1.1) [Rep. by 2009 c9 s15]
(2) A holder of a drivers licence
(
a) when driving a motor vehicle; and
(
b) who is an accompanying driver,
hall produce that licence when requested to do so by a traffic officer.
(3) The production of a driver's licence at a police station within 48 hours after a request is made under subsection (2) is sufficient production of the licence for the purpose of that subsection.
(4) Subject to subsections (2) and (3), a driver or person having the care or control of a vehicle who surrendered their drivers licence and was given notice of a suspension under
section 60.01 to 60.04 or 60.1 shall, upon being asked for their drivers licence after the suspension period has expired, produce notice of that suspension which shall serve as proof that the person does hold a drivers licence which was suspended and has been reinstated as of the date and time given on the notice.
1988 c33 s49; 1994 c18 s5 ; 1998 c16 s3 ; 2009 c9 s15 ; 2010 c31 s8 ; 2011 c18 s1 ; 2024 c17 s13
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Licence property of Crown
(1)Each driver's licence that the registrar issues is
and remains the property of the Crown and shall be returned to the registrar on the request of the registrar.
(2) A finder of a valid driver's licence shall return the licence to the registrar or nearest traffic officer.
(3) A traffic officer who receives a valid driver's licence under subsection (2) shall return it to the registrar.
1988 c33 s50; 1998 c16 s4 ; 2009 c9 s16
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Licence issued for class of vehicle
A driver's licence is not valid to authorize the holder of it to drive other than the class of vehicles specified in the licence
but the registrar may by endorsement on the licence authorize the holder to drive the other classes of vehicles that the registrar specifies in the endorsement.
1988 c33 s51
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Possession of another's licence
A person who has possession of a driver's licence issued to another person shall not represent to be that other person or drive or attempt to drive a motor vehicle under the authority of that driver's licence.
1988 c33 s52; 2024 c17 s14
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Driver licensed in another jurisdiction
(1)A person 16 years or age or over who holds and possesses a valid and existing driver's licence that has been issued to that person under the laws of a jurisdiction outside the province and who has not been prohibited from driving under the laws of that or another jurisdiction or of the province may, without examination or a driver's licence issued under this Act but subject to a limitation or restriction in the licence that that person holds, drive in the province, for a period of not more than 3 months from the date of coming or returning to the province, a vehicle of the class that that person is authorized to drive under the licence the person holds.
(2) [Rep. by 1998 c16 s5]
1988 c33 s53; 1998 c16 s5 ; 2024 c17 s15
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Prohibition
A person shall not employ, authorize or permit another person to drive a motor vehicle owned by that person or under that person's control upon a highway unless that other person is authorized under this Act to drive that motor vehicle.
1988 c33 s54
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Novice drivers licence
(1)A person who is 16 years of age or more and who is a novice driver may apply to the registrar and the registrar may issue to that person a drivers licence entitling that person, while having the immediate possession of that licence, and in accordance with regulations made under
section 55.1, to drive upon a highway.
(2) This
section does not apply to a person whom the registrar, in accordance with the regulations, considers to be eligible to apply for a drivers licence under
section 46.
(3) An accompanying driver or another person who is the owner of, is in possession or control of or who occupies a motor vehicle while it is being driven by a novice driver who holds a drivers licence, shall not permit the novice driver to drive the motor vehicle on a highway in contravention of conditions and restrictions imposed upon the novice driver by regulations made under
section 55.1.
1998 c16 s6 ; 2024 c17 s16
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Regulations
55.1
(1)The minister may make regulations in respect of novice drivers
(
a) defining the terms "accompanying driver" and "novice driver" for the purpose of this Act and the regulations;
(
b) prescribing drivers licences of different classes and levels for novice drivers;
(
c) prescribing categories of drivers licences for novice drivers which differ from licences for drivers who are not novice drivers;
(
d) prescribing the qualifications and requirements for accompanying drivers;
(
e) requiring novice drivers with drivers licences of any category, class or level to be accompanied, while driving, by an accompanying driver;
(
f) respecting qualifications, examinations, age and experience required to permit the registrar to waive the requirement to obtain a drivers licence as a novice driver;
(
g) respecting practical and written driving examinations and mental and physical, including ophthalmic and auditory examinations for applications for drivers licences of any category, class or level for novice drivers;
(
h) prescribing the length of time or the method of determining the length of time during which a person shall be a novice driver or shall be restricted to any category or level of drivers licence for novice drivers;
(
i) prescribing circumstances under which the drivers licence of a novice driver and of an accompanying driver shall be cancelled or suspended and the length of the cancellation or suspension and prescribing the requirements for the reinstatement of, reapplication for and reissuing of suspended and cancelled drivers licences of novice drivers and accompanying drivers;
(
j) prescribing circumstances under which a novice driver may be required to attend before the registrar or an examiner for an interview and the examination or examinations that may be required;
(
k) prescribing circumstances under which a novice driver may be required to complete an approved driver education program and to produce evidence with regard to
successful completion of an approved driver education program;
(
l) respecting the approval of driver education programs and courses which make up those programs and the requirements for instructors of those programs;
(
m) prescribing modifications to the demerit point system prescribed under paragraph 186(
h) as it applies to novice drivers and exempting novice drivers or a category, class or level of drivers licence for novice drivers from provisions of the demerit point system;
(
n) prescribing conditions and restrictions that shall apply to a category, class or level of drivers licence for novice drivers;
(
o) prescribing markers or identifying devices to be displayed on or in motor vehicles driven by novice drivers or novices
drivers with drivers licences of any category, class or level and governing the conditions of their use and the manner of displaying them; and
(
p) exempting novice drivers or novice drivers with a drivers licence of any category, class or level from a requirement under this Part and a regulation and prescribing conditions for the exemption.
(2) Subject to the approval of the Lieutenant-Governor in Council, in a regulation made under this section, the minister may prescribe penalties for a contravention of the regulations.
1998 c16 s6
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Offence
55.2
A novice driver or an accompanying driver who contravenes a condition or restriction placed upon the novice driver or accompanying driver under the Act is guilty of an offence.
1998 c16 s6 ; 2024 c17 s17
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Rental prohibited
(1)A person shall not rent a motor vehicle to a person who does not hold a valid and existing driver's licence issued under this Act or the laws of a jurisdiction outside the province.
(2) Notwithstanding subsection (1), a person shall not rent a motor vehicle to a person who is not authorized under this Act to drive it.
(3) A person shall not rent a motor vehicle to another person unless the person has inspected that other person's driver's licence.
(4) A person who rents a motor vehicle to other persons shall keep a record which shall show
(
a) the registration number of the motor vehicle;
(
b) the name, permanent address and temporary address of each person to whom the motor vehicle is rented; and
(
c) the number of the driver's licence held by each person to whom the motor vehicle is rented and the date and place of issue of the licence, and the record shall be open to inspection by a traffic officer or inspector.
1988 c33 s56; 2009 c9 s17 ; 2024 c17 s18
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Licence lost
Where the driver's licence of a person is lost or becomes mutilated or illegible, the person to whom the licence was issued shall notify the registrar who may, on payment of the fee prescribed by the minister, issue a duplicate or substitute a new licence.
1988 c33 s57; 1998 c21 s10
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Change of name
The holder of a driver's licence who changes name or address or both shall within 10 days notify the registrar in writing of the change.
1988 c33 s58; 2024 c17 s19
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Offence
(1)A person is guilty of an offence who
(
a) defaces or alters a driver's licence or displays or permits to be displayed or possesses a driver's licence which is fictitious or has been defaced, altered, cancelled or suspended;
(
b) lends to or permits the use of by another of a driver's licence issued to the person so lending or permitting the use of the licence;
(
c) displays or represents as the person's own a driver's licence not issued to that person;
(
d) fails or refuses to surrender to the registrar or to a traffic officer or inspector upon demand a driver's licence which has been suspended or cancelled; or
(
e) gives a false or fictitious name or gives a false address in an application for a driver's licence or for a renewal or duplicate of a licence or makes a false statement or conceals a material fact in the application or in a statement made or in giving information to the registrar for a purpose in connection with this Part.
(2) A peace officer who, in the course of
carrying out the duties as a peace officer, displays or has possession of a fictitious driver's licence does not commit an offence contrary to subsection (1).
1988 c33 s59; 2024 c17 s20
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Seizure of licence
Where a person is charged under this Act or the regulations or under the Criminal Code
arising out of the operation of a motor vehicle, the driver's licence shall, where the court before whom the person is charged so directs and after a hearing where it is determined that a licence suspension is appropriate, be suspended before the determination of the charge against the person and the person shall immediately deliver the licence to the court and the court shall hold the licence until the determination of the charge against the person.
1988 c33 s60
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Rep. by 2019 c20 s3
60.001
[Rep. by 2019 c20 s3]
2019 c20 s3
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Rep. by 2019 c20 s3
60.002
[Rep. by 2019 c20 s3]
2019 c20 s3
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Rep. by 2019 c20 s3
60.003
[Rep. by 2019 c20 s3]
2019 c20 s3
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Rep. by 2019 c20 s3
60.004
[Rep. by 2019 c20 s3]
2019 c20 s3
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Rep. by 2019 c20 s3
60.01
[Rep. by 2019 c20 s3]
2019 c20 s3
Rep. by 2018 c25 s3
60.02
[Rep. by 2018 c25 s3]
2018 c25 s3
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Rep. by 2019 c20 s3
60.03
[Rep. by 2019 c20 s3]
2019 c20 s3
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Rep. by 2019 c20 s3
60.04
[Rep. by 2019 c20 s3]
2019 c20 s3
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Rep. by 2019 c20 s3
60.05
[Rep. by 2019 c20 s3]
2019 c20 s3
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Request or surrender or driver's license at roadside
60.1
[Rep. by 2019 c20 s3] 60.1
(1)A peace officer shall request a driver or person who has care or control of a motor vehicle to surrender his or her driver's licence where one or more of the following apply:
(
a) upon demand of a peace officer made under
section 320.27 or 320.28 of the Criminal Code
the driver or person who has care or control of a motor vehicle fails or refuses to comply with the demand;
(
b) a peace officer has reasonable grounds to believe that the ability of the driver or person 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 and alcohol;
(
c) upon demand of a peace officer made under
section 320.27 or 320.28 of the Criminal Code
(
i) driver of a commercial motor vehicle, taxi or motor vehicle used for a ride-sharing service ,
(ii)
person who has care or control of a commercial motor vehicle, taxi or motor vehicle used for a ride-sharing service ,
(iii)
driver of a motor vehicle who is under 22 years of age and not a novice driver,
(iv)
person who has care or control of a motor vehicle who is under 22 years of age and not a novice driver,
(
v) novice driver of a motor vehicle, or
(vi)
novice driver who has care or control of a motor vehicle
provides a sample of a bodily substance which, on analysis by approved drug screening equipment as defined in
section 320.11 of the Criminal Code , indicates the presence of a drug in their body as prescribed by the regulations;
(
d) upon demand of a peace officer made under
section 320.27 or 320.28 of the Criminal Code , the driver or person who has care or control of a motor vehicle provides a sample of their breath which, on analysis by an approved screening device as defined in
section 320.11 of the Criminal Code , indicates that the proportion of alcohol in their blood is
(
i) greater than 0 milligrams of alcohol in 100 millilitres of blood where the driver or person who has care or control of a motor vehicle is
(
A) a novice driver of a motor vehicle,
(
B) a novice driver who has care or control of a motor vehicle,
(
C) a driver of a motor vehicle who is under 22 years of age, or
(
D) a person who has care or control of a motor vehicle who is under 22 years of age, or
(ii)
50 milligrams or more of alcohol in 100 millilitres of blood, where the driver or person who has care or control of a motor vehicle is 22 years of age or older and not a novice driver;
(
e) upon demand of a peace officer made under
section 320.27 or 320.28 of the Criminal Code , the driver or person who has care or control of a motor vehicle provides a sample of their breath which, on analysis by an approved instrument as defined in
section 320.11 of the Criminal Code , indicates that the proportion of alcohol in their blood is
(
i) greater than 0 milligrams of alcohol in 100 millilitres of blood where the driver or person who has care or control of a motor vehicle is
(
A) a novice driver of a motor vehicle,
(
B) a novice driver who has care or control of a motor vehicle,
(
C) a driver of a motor vehicle who is under 22 years of age, or
(
D) a person who has care or control of a motor vehicle who is under 22 years of age, or
(ii)
50 milligrams or more of alcohol in 100 millilitres of blood, where the driver or person who has care or control of a motor vehicle is 22 years of age or older and not a novice driver.
(2) Upon a request being made under subsection (1), the driver or person who has care or control of a motor vehicle shall immediately surrender their driver's licence to the peace officer.
(3) Where an analysis of the breath of a person is made under paragraph (1)(
d) and it indicates that the proportion of alcohol in that persons blood is an amount referred to in that paragraph, the peace officer who made the demand under subsection (1) shall advise the person of the right to a further analysis under subsection (4).
(4) Where an analysis of the breath of a person is made under paragraph (1)(
d) and it indicates that the proportion of alcohol in that persons blood is an amount referred to in that paragraph, the person may require that a further analysis be performed in the manner provided in paragraph (1)(e), in which case the result obtained on the second analysis governs and a revocation and suspension resulting from an analysis under paragraph (1)(
d) continues or terminates accordingly.
(5) It shall be presumed, in the absence of evidence to the contrary, that
(
a) approved drug screening equipment issued for the purpose of paragraph (1)(
c) has been calibrated to correctly indicate the proportion of drugs in a person's body; and
(
b) a screening device issued for the purpose of paragraph (1)(
d) has been calibrated to correctly indicate the proportion of alcohol in a person's blood.
2011 c18 s3 ; 2018 c37 s9 ; 2019 c20 s3 ; 2023 c24 s3 ; 2024 c17 s21
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Periods of suspension
60.2
(1)Upon a request being made under paragraph 60.1(1)(a), the
drivers licence or driving privileges of the driver or person who has care or control of a motor vehicle are suspended for a period of
(a)
7 days from the time the request is made; and
(b)
90 days beginning on the fourteenth day after the expiry of the 7 day
suspension,
where they fail or refuse to comply with a demand under
section 320.27 or 320.28 of the Criminal Code .
(2) Upon a request being made under paragraph 60.1(1)(b), the drivers licence or driving privileges of the driver or person who has care or control of a motor vehicle are suspended 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 the person who has care or control of a motor vehicle is impaired by a drug, or a combination of a drug and alcohol.
(3) Upon a request being made under paragraph 60.1(1)(
d) or (
e) or
section 60.8, the drivers licence or driving privileges of the driver or person who has care or control of a motor vehicle are suspended for a period of 7 days from the time the request is made under paragraph 60.1(1)(
d) or (
e) where the analysis under paragraph 60.1(1)(
d) or (
e) indicates that the proportion of alcohol in their blood is 50 milligrams or more of alcohol in 100 millilitres of blood.
(4) Upon a request being made under paragraph 60.1(1)(
d) or (
e) or
section 60.8, the drivers licence or driving privileges of the driver or person who has care or control of a motor vehicle are suspended for a period of 90 days beginning on the fourteenth day following the expiry of the period of suspension under subsection (3) where the analysis under paragraph 60.1(1)(
d) or (
e) indicates that the proportion of alcohol in their blood is 80 milligrams or more of alcohol in 100 millilitres of blood.
(5) Where, upon demand of a peace officer made under
section 320.27 or 320.28 of the Criminal Code , a driver or person who has care or control of a motor vehicle provides a sample of a bodily substance which on analysis indicates that the proportion of a drug, or a combination of a drug and alcohol, in their body or blood at the time the sample was given met or exceeded the proportion of that drug or the combination of that drug and alcohol prescribed by the regulations, their driver's licence or driving privileges are suspended for a period of 90 days beginning on the fourteenth day following their receipt of a copy of the certificate of analysis.
(6) Where, upon demand of a peace officer under
section 320.27 or 320.28 of the Criminal Code , a driver or a person who has care or control of a motor vehicle provides a sample of their blood which on analysis indicates that the proportion of alcohol in their blood at the time the sample was given was 50 milligrams or more of alcohol in 100 millilitres of blood, their drivers licence ordriving privileges are suspended for a period of 7 days beginning on the fourteenth day following their receipt of a copy of the certificate of analysis.
(7) Where, upon the demand of a peace officer under
section 320.27 or 320.28 of the Criminal Code , a driver or person who has care or control of a motor vehicle provides a sample of their blood which on analysis indicates that the proportion of alcohol in their blood at the time the sample was given was 80 milligrams or more of alcohol in 100 millilitres of blood, their drivers 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 (6).
(8) A suspension under this
section applies whether or not
the driver or person who has care or control of a motor vehicle surrenders their drivers licence to the peace officer.
(9) This
section does not apply to the following persons:
(
a) a driver of a commercial motor vehicle, taxi or motor vehicle used for a ride-sharing
service ;
(
b) a person who has care or control of a commercial motor vehicle, taxi or motor vehicle used for a ride-sharing
service ;
(
c) a driver of a motor vehicle who is under 22 years of age and not a novice driver;
(
d) a person who has care or control of a motor vehicle who is under 22 years of age and not a novice driver;
(
e) a novice driver of a motor vehicle;
(
f) a novice driver who has care or control of a motor vehicle; or
(
g) an accompanying driver.
2010 c22 s2 ; 2019 c20 s3 ; 2023 c24 s4 ; 2024 c17 s22
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Periods of suspension - commercial vehicle, taxi or motor vehicle used for a ride-sharing service
60.3
(1) Upon a request being made under paragraph 60.1(1)(a), the driver's licence or driving privileges of the driver or person who has care or control of a commercial motor vehicle, taxi or motor vehicle used for a ride-sharing service are suspended for a period of
(a)
7 days from the time the request is made; and
(b)
90 days beginning on the fourteenth day after the expiry of the 7 day
suspension,
where the driver or person who has care or control fails or refuses to comply with a demand made under
section 320.27 or 320.28 of the Criminal Code .
(2) Upon a request being made under paragraph 60.1(1)(b), the
drivers licence or driving privileges of the driver or person who has care or control of a commercial motor vehicle, taxi or motor vehicle used for a ride-sharing service
are suspended 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 care or control of a commercial motor vehicle, taxi or motor vehicle used for a ride-sharing service
is impaired by a drug, or a combination of a drug and alcohol.
(3) Upon a request being made under paragraph 60.1(1)(c), the drivers licence or driving privileges of the driver or person who has care or control of a commercial motor vehicle, taxi or motor vehicle used for a ride-sharing service
are suspended for a period of 7 days from the time the request is made where the presence of a drug is indicated as prescribed by the regulations.
(4) Upon a request being made under paragraph 60.1(1)(
d) or (
e) or
section 60.8, the drivers licence or driving privileges of the driver or person who has care or control of a commercial motor vehicle, taxi or motor vehicle used for a ride-sharing service
are suspended for a period of 7 days from the time the request is made where the analysis under paragraph 60.1(1)(
d) or (
e) indicates that the proportion of alcohol in their blood is 50 milligrams or more of alcohol in 100 millilitres of blood.
(5) Upon a request being made under paragraph 60.1(1)(
d) or (
e) or
section 60.8, the drivers licence or driving privileges of the driver or person who has care or control of a commercial motor vehicle, taxi or motor vehicle used for a ride-sharing service
are suspended for a period of 90 days beginning on the fourteenth day following
the expiry of the period of suspension under subsection (4) where the analysis under paragraph 60.1(1)(
d) or (
e) indicates that the proportion of alcohol in their blood is 80 milligrams or more of alcohol in 100 millilitres of blood.
(6) Where, upon demand of a peace officer made under
section 320.27 or 320.28 of the Criminal Code , a driver or person who has care or control of a commercial motor vehicle, taxi or motor vehicle used for a ride-sharing service
provides a sample of a bodily substance which on analysis indicates that the proportion of a drug, or a combination of a drug and alcohol, in their body or blood at the time the sample was given met or exceeded the proportion of that drug or the combination of that drug and alcohol prescribed by the regulations, their driver's licence or driving privileges are suspended for a period of 90 days beginning on the fourteenth day following their receipt of a copy of the certificate of analysis.
(7) Where, upon demand of a peace officer under
section 320.27 or 320.28 of the Criminal Code , a driver or person who has care or control of a commercial motor vehicle, taxi or motor vehicle used for a ride-sharing service
provides a sample of their blood which on analysis indicates that the proportion of alcohol in their blood at the time the sample was given was 50 milligrams or more of alcohol in 100 millilitres of blood, their drivers licence or driving privileges are suspended for a period of 7 days beginning on the fourteenth day following their receipt of a copy of the certificate of analysis.
(8) Where, upon the demand of a peace officer under