Bill 105 (Legislature 14, Session 2)

L14 S2 2061

Alberta — Bills

No. 105 2nd Session, 14th Legislature, Alberta 9 Elizabeth II BILL 105 A Bill to amend The Public Service Vehicles Act RON. MR. TAYLOR Printed by L. ::; "',\1,1,. Print.·r to tht:' Queen's ~!""t Ex",lkl1t :'-!aj, "ty. Edmonton, Alberta, 1961

Explanatory Note 2.

Definitions are added of terms used in the Act and in the amendments to be made by this Bill. 3. The authority of the Board to pass regulations is extended and revised for greater clarity.

BILL No. 105 of 1961

An Act to amend The Public Service Vehicles Act (Assented to , 1961) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Public Service Vehicles Act, being

chapter 265 of the Revised Statutes, is hereby amended.

Section 2 is amended (

a) by relettering clause (

a) as clause (a1) and by adding the following clause immediately before the relettered clause (a1): (a) "axle group" means two or more axles so placed that their centres are in separate trans verse vertical planes extending across the full width of the vehicle and where the distance between the centre of the first axle and the centre of the last axle of the group is not less than forty-two inches and not more than ten feet; (

b) by adding immediately after clause (

n) the fol lowing new clause: (0) "vehicle" means a motor vehicle, trailer, semi trailer, traction engine and any vehicle drawn, propelled or driven by any kind of power, in cluding muscular power, but does not include the cars of electric or steam railways running only upon rails.

Section 9, subsection (1) is amended (

a) by striking out clause (

b) and by substituting the following: (

b) relating to the maximum weight of a vehicle or combination of vehicles whether loaded or without load or the maximum weight that may be borne by a tire or an axle, or both, of a vehicle, or the maximum weight that m~ly be borne by an axle group of a yehicle or com bination of vehicles, (

b) by adding immediately after clause (

d) the fol lowing new clause:

2 4. This amendment enables the Board to appoint other personnel in addition to inspectors. The

section presently reads: "15. The Board may appoint such inspectors and traffic officers as it deems necessary to aid in the enforcement of this Act.". 5. The amendment will make the wording of this

section uniform with the remainder of the Act. 6. The

section is amended as all fire extinguishers bearing the seal of approval of the Underwriters' Laboratory were not satis factory.

Section 38 presently reads: "38.

(1) A public service vehiC'le, except (

a) a public service vehicle trailer, or (

b) a public service vehicle exempt under subsection (3), shall be equipped with a fire extinguisher, bearing the seal of approval of the Underwriters' Laboratory.

(2) The fire extinguisher shall be kept in a satisfactory operative condition.

(3) The Board may exempt a public service vehicle or a class or classes thereof from the requirement in subsection (1).". 7. The

section is amended to clarify the powers of the Board.

Section 54 presently reads: "54.

(1) No holder of a public service vehicle certificate shall with out the authority of the Board abandon or discontinue a service estab lished under such certificate except as provided in subsection (3) or in the regulations.

(2) Subject to subsection (1), if the holder of a certificate abandons or discontinues -in whole or in part a service established thereunder without the authority of the Board, such cerNficate may be cancel,led by the Board.

(3) The Board may from time to time on the request of the Minister (

a) close a part of a highway to a class or classes of traffic, (

b) limit or restrict the load to be transported over a part of a highway, and (

c) limit or restrict the speed of a class or classes of motor vel}icles on a part of a highway.". 8. (a) Subsection (7) is amended to clarify its meaning. Sub section (7) presently reads: "

(7) Any person who violates any provision of this Act in respect of maximum weight O'r any regulation in respect thereof is guilty of an offence and liable on

summary conviction, (

a) if the maximum weight of the vehicle in respect of which the offence was committed is less than twenty thousand pounds, (

i) to a fine of not less tl}an twenty doUars nor more than fifty dollars for a first offence, (ii) to a fine of not less than fifty dollars nor more than one hundred dollars for a second offence, and (iii) to a fine of not less than one hundred dollars nor more than two hundred dollars, or to have hi,s licence suspended, for a third or subsequent offence, or (

b) if the maximum weight of the vehicle in respect of which the offence was committed is twenty thousand pounds or greater, to a fine (

i) of not less than thirty dollars when the vehicle and load are in excess of the lawful maximum weight by not more than one thousand pounds, (ii) of not less tl).an sixty dollars when the vehicle and load are in excess of the lawful maximum weight by more than one thousand but not more than two thousand pounds, (iii) of not less than ninety dollars when the vehicle and load are in excess of the lawful maximum weight by more than two thousand pounds, but not more than three thousand pounds, (iv) of not less than two hundred doNars when the vehicle and load are in pxcess of the lawful maximum weight by more than three thousand but not more than four thousand pounds, (

v) of not less than three hundred and fifty donars when the vehicle and load are in excess of the lawful maximum weight by more than four thousand but not more than five thousand pounds, or (vi) of not ,less than five hundred dollars or more than one thou sand dollars when the vehicle and load are in excess of the lawful maximum weigJ;lt by more than five thousand pounds.".

2 (

e) relating to the maximum weight that may be transported over any highway or portion thereof.

Section 15 is struck out and the following is substi tuted: 15. Subject to The Public Service Act, the board may appoint such officers and inspectors and such other em ployees as the Board deems necessary, and the Board may prescribe the duties of all persons appointed by it.

Section 23 is amended by striking out the word "ton nage" wherever it occurs and by substituting the words "maximum weight". G.

Section 38 is amended (

a) as to subsection (1) by striking out the words ", bearing the seal of approval of the Underwriters' Laboratory" and by substituting the words "of the type prescribed by the regulations", (

b) by adding immediately after subsection (3) the following:

(4) The Board may require that an ambulance be equipped with a fire e~~tingusher of the type prescribed by the regulations.

Section 54 is amended by striking out subsection (3) and by substituting the following:

(3) The Board may from time to time on the request of the Minister (

a) close a highway or a part of a highway to a class or classes of traffic, (

b) increase, limit or restrict the load to be trans ported over any highway or part of a highway, (

c) increase, limit or restrict the maximum weight that may be borne by a tire, an axle, or an axle group, or any of then1, or the maximum weight that may be borne by a vehicle or combination of vehicles, and (

d) limit or restrict the speed of a motor vehicle, or a class or classes of motor vehicles on any highway or part thereof.

Section 69 is amended (

a) as to subsection (7) (

i) as to clause (

a) by str.iking out all the. wo!'ds preceding subclause (1) and by substitutmg the following: (

a) if the lawful m~ximllm weight .of the vehicle and load In respect of whIch the offence was committed is less than twenty thousand pounds,

3 (

b) The amendment brings subsection (7a) in line with the practical application of the legislation. Subsection (7a) reads in part: "(7a) A person who contravenes any provision of this Act or any regulation in respect of the maximum weight that may be borne by a tire or an axle, or both, orf a vehicle as guilty of an offence and liable on

summary convi·ction to a fine (

a) of not leS's than thirty dolllars when the weight borne by the tire or the axle, or bath, is in excess of the lawful maximum weight by not mo;:, than one thousand pounds,

3 (ii) as to clause (

b) by striking out all the words preceding subclause (

i) and by substituting the following: (

b) if the lawful maximum weight of the vehicle and load in respect of which the offence was committed is twenty thousand pounds or greater, to a fine (

b) as to subsection (7a) (

i) by striking out the \vords "a tire or an axle, or both," and by substituting the words "an axle or an axle group", (ii) by striking out the words "the tire or the axle, or both," wherever they occur in clauses (

a) to (

I) and by substituting the words "the axle or the axle group". 9. This Act comes into force on the day upon which it is assented to.

No 105 SECOND SESSION FOURTEENTH LEGISLATURE 9 ELIZABETH II 1961 BILL

An Act to amend The Public Service Vehicles Act Recei ved and read the First time ......................................... . Second time ..................... . Third time .................... . HON. MR. TAYLOR Title: 1961 (14th, 2nd) Bill 105,

An Act to amend The Public Service Vehicles Act

Document details

Collection	Alberta — Bills
Citation	L14 S2 2061
Type	bill
Volume / chapter	L14 S2 2061
Language	en
Format	json
Source	PROVINCIAL
Identifier	5e874c6cced48058024e8edf21798bb839c3bd07

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