Bill 36 — Second Session, 29Th Legislature, 65 Elizabeth Ii the Legislative Assembly of Alberta Bill 36 An Act To Enhance Off-Highway Vehicle Safety (Legislature 29, Session 2)

L29 S2 11670

Alberta — Bills

2016 Bill 36 Second Session, 29th Legislature, 65 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 36

AN ACT TO ENHANCE OFF-HIGHWAY VEHICLE SAFETY THE MINISTER OF TRANSPORTATION First Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee of the Whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Third Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Royal Assent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1 Bill 36 BILL 36 2016

AN ACT TO ENHANCE OFF-HIGHWAY VEHICLE SAFETY ( A s s e n t e d t o , 2 0 1 6 ) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Amends RSA 2000 cT-6 1 The Traffic Safety Act is amended by this Act. 2

Section 128(

a) is repealed. 3 The following is added after

section 128: Safety helmets 128.1(1) In this section, “safety helmet” means a helmet that complies with the regulations.

(2) Except as otherwise permitted under this Act, a person shall not drive, operate, ride in or on or be towed by an off-highway vehicle unless the person is properly wearing a safety helmet. (3) Subsection (2) does not apply to the driving or operation of, riding in or on, or being towed by, an off-highway vehicle on

1 Explanatory Notes Explanatory Notes 1 Amends

chapter T-6 of the Revised Statutes of Alberta 2000. 2

Section 128(

a) presently reads: 128 The council of a municipality may make bylaws that are not inconsistent with this Act, doing the following: (

a) requiring persons driving or otherwise riding on or in an off-highway vehicle to wear helmets; 3 Safety helmets.

2 (

a) land within an Indian reserve, (

b) land within a Metis settlement, or (

c) land referred to in

section 119(2)(

a) or (b). (4) Subsection (2) does not apply to a person performing farming or ranching work where the person is not required under the Occupational Health and Safety Act or a regulation or code of rules made under that Act to wear a helmet while driving, operating, riding in or on, or being towed by, a vehicle that is an off-highway vehicle during the performance of that work. 4

Section 129 is amended by adding the following after clause (b): (

c) respecting the use of helmets used in connection with the driving or operation of, riding in or on, or being towed by, off-highway vehicles; (

d) respecting standards to be met by helmets used in connection with the driving or operation of, riding in or on, or being towed by, off-highway vehicles; (

e) exempting or providing for the granting of exemptions from

section 128.1(2) or the regulations made under clause (

c) of persons or classes of persons driving, operating, riding in or on, or being towed by, off-highway vehicles; (

f) respecting the sale of helmets intended to be used in connection with the driving or operation of, riding in or on, or being towed by, off-highway vehicles. 5

Section 157(1)(

a) is amended by adding “128.1(2),” after “126,”.

2 Explanatory Notes 4

Section 129 presently reads: 129 The Minister may make regulations (

a) governing the driving and opera tion of off-highway vehicles; (

b) exempting vehicles from being off-highway vehicles. 5

Section 157(1) presently reads in part: 157(1) A person is guilty of an offence who contravenes or fails to comply with one or more of the following: (

a) section 51, 52(1), 53, 54(1), 61(2), 65, 66(5), 68(2), 69(1), 69(2), 69(3), 69(4), 69(5), 69(6), 70, 71, 76(1), 80, 90(3), 94(2), 111, 115(2), 115.1, 115.2, 115.3, 115.4, 119(1),

3 6 This Act comes into force on Proclamation.

3 Explanatory Notes 120(2), 120(3), 121, 123(2), 123(3), 126, 131(1), 137, 138, 140(1), 145, 147, 166(2), 166(3), 166(4), 173(5), 176(2), 183 or 188; 6 Coming into force.

RECORD OF DEBATE Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Title: 2016 (29th, 2nd) Bill 36,

An Act to Enhance Off-Highway Vehicle Safety

Document details

Collection	Alberta — Bills
Citation	L29 S2 11670
Type	bill
Volume / chapter	L29 S2 11670
Language	en
Format	json
Source	PROVINCIAL
Identifier	5b40e020e7fb44589c307fc88a9bdece9cc6d8c0

Source file is stored in the law ingest library (json).