Second Session,

46th General Assembly

58 Elizabeth II,

BILL 10

AN ACT TO AMEND THE HIGHWAY

TRAFFIC ACT

Received

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

Second

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

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

Third

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

Royal

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

HONOURABLE KEVIN

O'BRIEN

Minister of Government

Services

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Highway Traffic Act to update various

provisions to reflect current practice, to consolidate requirements and eliminate

redundancies.

Clause 1 of the Bill would repeal and

substitute paragraph 2(

q) of the Act to make it consistent with current

drafting practice. This clause would

further repeal the

definitions of "transporter" and "transporter

plate" as these terms are no longer used and are not required.

Clause 2 of the Bill would revise

section 10 of the Act to ensure consistency in the use of the term "marker".

In clause 3 of the Bill, subsection

11(2) of the Act would be amended to delete the requirement that registrations

be signed in pen and ink. Other

registration methods which do not require signature in that manner are

currently used. Further, this clause

would repeal subsections 11(5) and (9) of the Act authorizing the registrar to

prescribe forms. That authority exists

section 5 of the Act.

Clause 4 of the Bill would repeal and

substitute

section 12 of the Act to streamline registration requirements. The proposed change is consistent with changes

made to the definition of "resident" in an earlier amendment to the

Act.

Subclause 5(1) of the Bill would

amend subsection 16(1) of the Act to require compliance with

section 16.1 for

the purpose of registration. Further, the

proposed paragraph 16(2)(

b) in subclause 5(2) would revise the language of that

provision to permit the registrar to issue one or 2 plates for a vehicle as

determined appropriate.

Subsection 20(2) of the Act would be

repealed in clause 6 of the Bill. This

subsection, which requires dealers to accompany prospective buyers when test

driving unregistered vehicles, is impractical and unnecessary as the

prospective buyer is already required to have a driver's licence.

In clause 7 of the Bill, subsection

23(1) of the Act would be amended and subsection 23(2) of the Act would be

repealed. These provisions, which require

a dealer to keep a written record of a vehicle upon which a dealer's plate is

used, place an unnecessary administrative burden on the dealer.

Clause 8 of the Bill would repeal

subsections 28(2) and (3) of the Act. Those

provisions are now outdated and a lost identification plate or vehicle licence would

more appropriately be returned to the registrar or the nearest traffic officer.

Section 30 of the Act would be

repealed and substituted in clause 9 of the Bill to reduce the level of

prescriptive detail respecting the attachment of plates and to make

requirements more generally applicable.

In clause 10 of the Bill,

section 34

of the Act would be repealed and substituted to ensure consistency in the use

of the term "marker" throughout the Act.

Clause 11 of the Bill would repeal

subsection 41(4) of the Act. This subsection does not reflect current practice.

Subsection 45(3) of the Act would be

repealed in clause 12 of the Bill as it is redundant. Authority to prescribe forms is contained in

section 5 of the Act.

Clause 13 of the Bill would repeal

paragraphs 46(3)(

a) and (

c) of the Act as these provisions are contained

elsewhere in the Act.

Clause 14 of the Bill would repeal

paragraph 48(1)(

g) of the Act. The

registrar has methods to determine physical and mental competency to drive in

other provisions of the Act.

In clause 15 of the Bill, subsections

49(1) and (1.1) of the Act would be updated to reflect current practice.

Clause 16 of the Bill would amend

subsections 50(2) and (3) of the Act as these provisions are now outdated. The more appropriate route for return of a

lost driver's licence is through the registrar or nearest traffic officer.

Clause 17 of the Bill would repeal

and substitute subsection 56(3) of the Act. That subsection, which requires inspection of

a driver's licence of a person renting a car, would be updated to reflect

current practice.

The amendments proposed in clauses 18

and 19 of the Bill would repeal references to the Registrar's Advisory Committee

in the Act. The committee was

established in 2002 but never met, and it is now redundant as there are other processes

in place to fulfill the functions with which it was charged.

Clause 20 of the Bill would amend subsection

79(2) of the Act. These cards are no longer required by the industry to be

signed.

Clause 21 of the Bill would update

section 81 of the Act by deleting the reference to the now repealed Judgment Recovery (Nfld) Ltd. Act.

In clause 22 of the Bill,

section 96

of the Act would be amended to repeal the requirement for audible signals when

passing. This requirement is antiquated.

Clause 23 of the Bill would repeal

section 138 of the Act. That

section is

antiquated and is redundant. The

protections for animals are contained in

section 139 of the Act.

Section 173.1 would be added to the

Act in clause 24 of the Bill. This

section would allow the registrar to release certain information respecting

accidents to the parties involved or their representatives in which the amount of

damage is less than that which is required to be reported to the police.

Clauses 25 and 26 of the Bill would consolidate

sections 174.1 and 174.2 of the Act to address redundancy in those sections.

Subclause 27(1) of the Bill would

repeal paragraph 178(5)(

a) of the Act to eliminate an exemption on the use of

seat belts while driving in reverse. The

benefit of seat belt use in slow speed collisions does not support this

exemption.

The amendment proposed in subclause

27(2) of the Bill would update references in paragraph 178(5)(

b) of the Act.

In subclauses 27(3) and (4) of the

Bill, paragraphs 178(5)(

c) and (7)(

b) of the Act would be repealed and

substituted. This would remove a more

general seat belt exemption and replace it with an exemption only for persons actively

engaged in the collection of garbage or other waste materials.

Clause 28 of the Bill would amend

paragraph 178.1(4)(

a) of the Act to update a reference.

Clause 29 of the Bill would revise

paragraph 186(f.1) of the Act to ensure consistency in the use of the term "marker".

Clause 30 of the Bill would repeal

and substitute paragraph 195(1)(

n) of the Act to clarify that provision and

revise it consequential to changes proposed in clause 10.

The

Schedule to the Act would be

amended in Clause 31 of the Bill to reflect the proposed repeal of

section 138.

Clause 32 of the Act is a

proclamation clause.

A BILL

AN ACT TO AMEND THE HIGHWAY

TRAFFIC ACT

Analysis

S.2 Amdt.

Definitions

2. S.10 Amdt.

Registration of vehicle required

S. 11 Am dt.

Application for registration

S.12 R&S

Registration and exemptions

S.16 Amdt.

Registrar to register vehicle

S.20 Rep.

Conditions of use of vehicle

S.23 Amdt.

Dealer's plate transferable

S.28 Amdt.

Licence, etc. property of Crown

S.30 R&S

Attachment of plates

S.34 R&S

Identification markers

11. S.41 Amdt.

Suspension of registration

S.45 Amdt.

Application for licence

S.46 Amdt.

Registrar shall issue licence

S.48 Amdt.

Registrar shall not issue licence

S.49 Amdt.

Licence to be signed

S.50 Amdt.

Licence property of Crown

S.56 Amdt.

Rental prohibited

S.65 Amdt.

Suspension or cancellation

S.65.1 Rep.

Registrar's Advisory Committee

S.79 Amdt.

Garage, etc. policy

21. S.81 Amdt.

Registrar shall suspend licence

S.96 Amdt.

Overtaking another vehicle

S.138 Rep.

When engine and person astride a horse meet

S.173.1 Added

Information release- non-reportable accidents

S.174.1 R&S

Report required

26. S.174.2 Rep.

Report of optometrist

S.178 Amdt.

Seat belts

28. S.178.1 Amdt.

Child seat restraint systems

29. S.186 Amdt.

Regulations

30. S.195 Amdt.

Regulations respecting equipment

31. Sch. Amdt.

32. Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cH-3 as

amended

(1) Paragraph 2(

q) of the Highway Traffic Act is repealed and the

following substituted:

(q) "department" means the department

presided over by the minister;

(2) Paragraphs 2(aaaa) and (bbbb) of the Act are

repealed.

2. Paragraph 10(1)(

d) of the Act is repealed and

the following substituted:

(

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.

3. (1) Subsection 11(2) of the Act is amended

by deleting the phrase "and shall sign the application with pen and

ink".

(2) Subsections 11(5) and (9) of the Act are

repealed.

Section 12 of the Act is repealed and the

following substituted:

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.

5. (1) Subsection 16(1) of the Act is amended

by deleting the word "and" at the end of paragraph (b), by deleting

the comma at the end of paragraph (

c) and substituting a semi-colon and the

word "and", and by adding immediately after that paragraph the following:

(

d) the person is not, due to non-payment of

fines, subject to an action listed under

section 16.1,

(2) Paragraph 16(2)(

b) of the Act is repealed and

the following substituted:

(

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.

6. Subsection 20(2) of the Act is repealed.

7. (1) Subsection 23(1) of the Act is amended

by deleting the phrase "and the dealer shall keep a written record of a

vehicle upon which a dealer's plate is used".

(2) Subsection 23(2) of the Act is repealed.

8. Subsections 28(2) and (3) of the Act are

repealed and the following substituted:

(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.

Section 30 of the Act is repealed and the

following substituted:

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.

Section 34 of the Act is repealed and the

following substituted:

Identification

markers

34. 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.

11. Subsection 41(4) of the Act is repealed.

12. Subsection 45(3) of the Act is repealed.

13. Paragraphs 46(3)(

a) and (

c) of the Act are

repealed.

14. Paragraph 48(1)(

g) of the Act is repealed.

15. Subsections 49(1) and (1.1) of the Act are

repealed and the following substituted:

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.

16. Subsections 50(2) and (3) of the Act are

repealed and the following substituted:

(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.

17. Subsection 56(3) of the Act is repealed and the

following substituted:

(3) A person shall not rent a motor vehicle to

another person unless he or she has inspected that other person's driver's

licence.

Section 65(1.2) of the Act is amended by

deleting the phrase and comma "upon considering the recommendation of the

Registrar's Advisory Committee," and by deleting the comma immediately

before that phrase.

Section 65.1 of the Act is repealed.

20. Subsection 79(2) of the Act is amended by

deleting the phrase "in handwriting and in ink with the person's usual

signature".

21. Subsection 81(1) of the Act is repealed and the

following substituted:

Registrar shall

suspend licence

(1) Where

(

a) a judgment for damages arising out of a motor

vehicle accident is rendered against a person by a court in the province or by

a court in a jurisdiction outside the province;

(

b) damages have been assessed against the person;

and

(

c) that person fails, within 15 days from the

date upon which the judgment became final, to satisfy the judgment

the registrar, upon receiving a

certificate of that final judgment from the court in which it is rendered,

shall suspend the driver's licence and vehicle licence of that person.

22. (1) Paragraph 96(1)(

a) of the Act is repealed.

(2) Paragraph 96(2)(

a) of the Act is repealed.

Section 138 of the Act is repealed.

24. The Act is amended by adding immediately after

section 173 the following:

Information

release- non-reportable accidents

173.1

(1) The

registrar may release the information referred to in subsection (2) to

(

a) a person involved in an accident which was not

required to be reported under this Act;

(

b) a person or insurance company that has paid or

may be liable to pay damages resulting from an accident; or

(

c) a solicitor, agent or other representative of

the person or company

where the registrar has received written

confirmation of the accident by either of the parties involved in the manner

acceptable to the minister.

(2) The registrar may, under the authority of

subsection (1), release the following information:

(

a) the identification of vehicles involved in the

accident;

(

b) the name and address of the registered owner;

and

(

c) the name and address of an insurance company

that has issued a policy insuring a party to or a person involved in an

accident, together with the policy number applicable to that policy.

Section 174.1 of the Act is repealed and the

following substituted:

Report required

174.1

(1) A

medical practitioner licensed under the Medical

Act, 2005 , a nurse practitioner as defined in the Registered Nurses Act, 2008 or an optometrist licensed under the Optometry Act, 2004 shall report to the

registrar the name, address, date of birth and clinical condition of a person

16 years of age or older attending the practitioner or the optometrist for

medical or optometric services who, in the opinion of the practitioner or

optometrist, is suffering from a condition that may make it dangerous for the

person to operate a motor vehicle.

(2) An action shall not be brought against a

medical practitioner, a nurse practitioner or an optometrist for complying with

subsection (1).

(3) A report referred to in subsection (1) is

privileged for the information of the registrar only and shall not be open for

public inspection.

(4) A report referred to in subsection (1) is not

admissible in evidence for a purpose in a trial except to prove compliance with

subsection (1).

Section 174.2 of the Act is repealed.

27. (1) Paragraph 178(5)(

a) of the Act is

repealed.

(2) Paragraph 178(5)(

b) of the Act is amended by

(

a) deleting the reference " Medical Act " and substituting the

reference " Medical Act, 2005 ";

and

(

b) deleting the reference " Registered Nurses Act " and substituting

the reference " Registered Nurses

Act, 2008 ".

(3) Paragraph 178(5)(

c) of the Act is repealed and

the following substituted:

(

c) a person who is actively engaged in the

collection of garbage or other waste materials which requires that person to

alight from and re-enter a vehicle at frequent intervals and who, while engaged

in that work, does not drive or travel in that vehicle at a speed exceeding 20

kilometres an hour;

(4) Paragraph 178(7)(

b) of the Act is repealed.

28. Paragraph 178.1(4)(

a) of the Act is amended by deleting

the reference " Registered Nurses Act "

and substituting the reference " Registered

Nurses Act, 2008 "

(1) Paragraph 186(f.1) of the Act is

amended by deleting the word "stickers" and substituting the word "markers".

(2) Paragraph 186(

k) of the Act is repealed.

30. Paragraph 195(1)(

n) of the Act is repealed and

the following substituted:

(

n) prescribing the manner in which identification

plates and markers issued under subsection 34(1) shall be affixed and

displayed, and prescribing those plates, markers or both which may be issued by

the registrar in addition to those issued under sections 16 and 34, the

conditions under which those plates and markers may be issued and the manner in

which those plates and markers shall be affixed or displayed;

31. The

Schedule to the Act is amended by deleting

the offence and penalty provisions relating to subsections 138(1) and (2).

Commencement

32. This Act comes into force on a day to be

proclaimed by the Lieutenant-Governor in Council.

Earl Tucker, Queen's Printer