Third

Session, 48th General Assembly

Elizabeth II, 2018

BILL 39

AN ACT TO AMEND THE HIGHWAY

TRAFFIC ACT NO. 2

Received

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

Second

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

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

Third

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

Royal

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

HONOURABLE SHERRY

GAMBIN-WALSH

Minister of Service

Newfoundland and Labrador

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Highway Traffic Act to

amend the definition of

pedestrian and add a definition of mobility aid;

update references in the Act to

sections of the Criminal Code that

were amended and will come into force on December 18, 2018;

expand licence suspensions to

include taxi drivers where an analysis indicates the presence of a drug in the

taxi driver's body;

prescribe minimum distances

that a driver of a vehicle must keep from a pedestrian or bicycle when passing

a pedestrian or bicycle;

correct an error; and

amend the regulation making

authority to allow the minister to adopt by reference a code or standard.

A BILL

AN ACT TO AMEND THE HIGHWAY TRAFFIC ACT NO.

Analysis

S.2 Amdt.

Definitions

S.60.001 Amdt.

Request for surrender of driver's licence at roadside

S.60.002 Amdt.

Request

for surrender of driver's licence at roadside

S.60.003 Amdt.

Periods of suspension

S.60.004 Amdt.

Periods of suspension

S.60.005 Amdt.

Legal use of drug for medical purpose

S.60.01 Amdt.

Request for surrender of driver's licence at roadside

S.60.04 Amdt.

Periods of suspension

S.60.1 R&S

Surrender

of driver's licence required

S.60.5 Amdt.

Screening accompanying driver

S.61 Amdt.

Report to registrar

S.62 Amdt.

National Defence Act ( Canada )

S.65 Amdt.

Suspension

or cancellation

S.71 Amdt.

Where licence suspended or cancelled

S.73.1 Amdt.

Mandatory use of ignition interlock device

S.96 Amdt.

Overtaking another vehicle

S.127 Amdt.

Duties of driver

S.186 Amdt.

Regulations

S.187 Amdt.

Minister may make regulations

Sch. Amdt.

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cH-3

as amended

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

paragraph (ll) the following:

(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;

(2) Paragraph 2(yy) of the Act is repealed and the

following substituted:

(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;

Section 60.001 of the Act is amended by

deleting the reference "section 254 of the Criminal Code " and substituting the reference "section

320.27 or 320.28 of the Criminal Code ".

3. Subsection 60.002(2) of the Act is repealed and

the following substituted:

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

under

section 320.27 or 320.28 of the

Criminal Code , a

(

a) driver of a commercial motor vehicle or taxi;

(

b) person who has care or control of a commercial

motor vehicle or taxi;

(

c) driver of a motor vehicle who is under 22 years

of age;

(

d) person who has care or control of a motor

vehicle who is under 22 years of age;

(

e) novice driver of a motor vehicle; or

(

f) 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 his or her body as prescribed by the

regulations, the peace officer shall request a person referred to in paragraphs

(a), (b), (c), (d), (

e) or (

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

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

4. Paragraphs 60.003(1)(

a) and (

b) and subsection

(4) of the Act are amended by deleting the reference "section 254 of the Criminal Code " and substituting the

reference "section 320.27 or 320.28 of the Criminal Code ".

5. Subsection 60.004(1) of the Act is amended by

deleting the reference "section 254 of the Criminal Code " and substituting the reference "section 320.27

or 320.28 of the Criminal Code ".

6. Paragraphs 60.005(

a) and (

b) of the Act are

repealed and the following substituted:

(

a) driver of a commercial vehicle or taxi;

(

b) person who has care or control of a commercial

motor vehicle or taxi;

(1) Subsection 60.01(1) of the Act is repealed

and the following substituted:

Request for surrender

of driver's licence at roadside

60.01

(1) Where,

upon demand of a peace officer made under

section 320.27 or 320.28 of the Criminal Code a

(

a) driver of a motor vehicle;

(

b) person who has care or control of a motor

vehicle;

(

c) novice driver of a motor vehicle; or

(

d) novice driver who has care or control of a

motor vehicle

provides a sample of his or her breath

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

section 320.11

of the Criminal Code, indicates that

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

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

paragraph (a), (b), (

c) or (

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

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

(2) Subsection 60.01(5) of the Act is repealed and

the following substituted:

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

under

section 320.27 or 320.28 of the Criminal

Code , the

(

a) driver of a motor vehicle;

(

b) person who has care or control of a motor

vehicle;

(

c) novice driver of a motor vehicle; or

(

d) novice driver who has care or control of a

motor vehicle

provides a sample of his or her breath

which, on analysis by an approved instrument as defined in

section 320.11 of

the Criminal Code indicates that the

proportion of alcohol in his or her blood is more than the amount referred to

in subsection (6), the peace officer shall request the person referred to in

paragraph (a), (b), (

c) or (

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

shall immediately surrender his or her driver's licence.

8. Subsections 60.04(1) and (2) of the Act are

amended by deleting the reference "section 254 of the Criminal Code " and substituting the reference "section

320.27 or 320.28 of the Criminal Code ".

Section 60.1 of the Act is repealed and the

following substituted:

Surrender of

driver's licence required

60.1 Where

a person is charged with an offence under subsection 320.14(1), (2) or (3) or

section 320.15 of the Criminal Code ,

or a procedure is taken pending the laying of a charge to assure the person's

attendance in court on the charge, a peace officer shall request a person to surrender

his or her driver's licence.

(1) Subsections 60.5(1), (2), (2.2) and (3) of

the Act are amended by deleting the reference "section 254 of the Criminal Code " and substituting the

reference "section 320.11 of the Criminal

Code ".

(2) Subsections 60.5(3.1), paragraphs (5.1)(

a) and

(

b) and subsections (5.2), (5.3) and (5.4) of the Act are amended by deleting

the reference "section 254 of the Criminal

Code " and substituting the reference "section 320.27 or 320.28 of

the Criminal Code ".

11. Subsection 61(2) of the Act is repealed and the

following substituted:

(2) A person who is the holder of a driver's

licence shall immediately deliver the licence to the court upon being convicted

of an offence under

section 220, 221, 236 or 320.13, subsection 320.14(1), (2)

or (3),

section 320.15, 320.16, 320.18, 335 or another provision of the Criminal Code , except subsection

320.14(4), involving the use of a motor vehicle or in the commission of which a

motor vehicle was used.

12. Subsection 62(1) of the Act is repealed and the

following substituted:

National Defence

Act ( Canada )

(1) Where a person has been convicted of an offence under

section 130 of the National Defence Act (Canada) by reason

that the person contravened

section 221, 222, 236 or 320.13, subsection 320.14 (1),

(2) or (3) or

section 320.15 or 320.16 of the Criminal Code the registrar may by order in writing suspend that

person's driver's licence.

13. (1) Subsection 65(1) of the Act is repealed and

the following substituted:

Suspension or

cancellation

(1) The

registrar shall by written order suspend or cancel the driver's licence or

driving privileges of a person who has been convicted of an offence committed

anywhere in Canada under

section 220, 221, 236 or 320.13, subsection 320.14(1),

(2) or (3),

section 320.15, 320.16, 320.18 or another provision of the Criminal Code , except subsection

320.14(4), which involves the use of a motor vehicle or in the commission of

which a motor vehicle was used,

(

a) for a period of 12 months in the case of a

first conviction;

(

b) for a period of 36 months in the case of a

second conviction entered within 10 years after the first conviction;

(

c) for a period of 60 months in the case of a

third conviction entered within 10 years after the first conviction; and

(

d) for life in the case of a fourth and

subsequent conviction entered within 10 years after the first conviction.

(2) Paragraphs 65(1.1)(

a) and (

b) of the Act are

repealed and the following substituted:

(

a) under subsection 320.14(2) or 320.15(2) of the

Criminal Code , for a period of 10

years; or

(

b) under subsection 320.14(3) or 320.15(3) of the

Criminal Code , for life.

14. Paragraph 71(3)(

a) of the Act is repealed and

the following substituted:

(

a) upon the conviction of a non-resident for an

offence under this Act or the regulations, or for an offence committed anywhere

in Canada under

section 220, 221, 236 or 320.13, subsection 320.14(1), (2) or

(3),

section 320.15, 320.16, 320.18, 335 or another provision of the Criminal Code , except subsection 320.14(4),

which involves the use of a motor vehicle or in the commission of which a motor

vehicle was used; or

15. Subsection 73.1(1) of the Act is repealed and

the following substituted:

Mandatory use of

ignition interlock device

73.1

(1) Where

a person is convicted of an offence under subsection 320.14(1), (2) or (3) or

section

320.15 of the Criminal Code and his

or her driver's licence or driving privileges have been suspended or cancelled

under

section 65, the registrar shall require the use of an ignition interlock

device in accordance with the regulations made under

section 186 as a condition

of reinstatement of the driver's licence or driving privileges for a period of

(a) 12 months in the case of a first conviction;

(b) 36 months in the case of a second conviction

entered within 10 years of the first conviction; and

(c) 60 months in the case of a third or subsequent

conviction entered within 10 years of the first conviction.

16. Subsection 96(1) of the Act is amended by

deleting the word "and" at the end of paragraph (

c) and adding

immediately after paragraph (

c) the following:

(c.1) shall, where the vehicle which is being

overtaken is a bicycle, pass the bicycle at a distance of at least

(

i) one metre from the bicycle where the speed

limit is 60 kilometres

an hour or less, or

(ii) one and a half metres from the bicycle where

the speed limit is greater than 60 kilometres an hour; and

Section 127 of the Act is amended by adding

immediately after paragraph (

a) the following:

(a.1) where passing a pedestrian, pass the

pedestrian at a distance of at least

(

i) one metre from the pedestrian where the speed

limit is 60 kilometres

an hour or less, or

(ii) one and a half metres from the pedestrian

where the speed limit is greater than 60 kilometres an hour;

18. (1) Paragraph 186(1)(g.02) of the Act is

repealed and the following substituted:

(g.02) prescribing the proportion of a drug or a

combination of a drug and alcohol in a person's body or blood that is prohibited

for the purpose of this Act;

(2) Paragraph 186(1)(i.2) of the Act is amended by

deleting the reference "section 254 of the Criminal Code " and substituting the reference "section

320.27 or 320.28 of the Criminal Code ".

Section 187 of the Act is amended by adding

immediately after subsection (1) the following:

(1.1) The minister may, in addition to or instead of

regulations made under subsection (1), adopt by reference and constitute as

regulations the whole or part or provisions of a code adopted or standards

fixed, with or without modification, and including amendments now or afterward

made to the code or standard, by an organization acceptable to the minister.

Sch. Amdt.

20. The

Schedule to the Act is amended by adding

immediately after the row starting with the reference to paragraph 127(

a) the

following:

127(a.1)

Failing to leave proper

distance when passing pedestrian

14 days

2 days

Commencement

(1) Sections 2 to 15 and subsection 18(2) come

into force on December 18, 2018.

(2) Sections 16, 17 and 20 come into force 90 days

after the day on which this Act receives Royal Assent.

Queen's Printer