Bill 118 (Legislature 13, Session 3)

L13 S3 6354

Alberta — Bills

No. 118 3rd Session, 13th Legislature, Alberta 5 Elizabeth II, 1957 BILL 118

An Act to amend The Vehicles and Highway Traffic Act HON. MR. TAYLOR EDMONTON, ALBERTA Printed by A. SHNITKA, Printer to the Queen's Most Exeellent Maj\'~ly, 1957

Explanatory Note 2. As the Act presently reads, the purchaser of a motor vehicle has fourteen days within which he may apply for registration. But the car can not be used until it is registered in his name. This amendment would permit the purchaser of a vehicle other than a public service vehicle to drive the vehicle during the time that he is allowed for registration when he has licence plates that can, upon registration, be authorized for that vehicle. 3. These subsections provide for metal chauffeur's badges. Under the proposed new system of licensing they will not be used.

Section 36 presently reads: "36. A headlamp upon a motor yehicle, other than a snowplow, shall be mounted on the motor vehicle at a heig'ht, which shall be measured from the centre of the headlamp, of not more than fifty four inches nor less than twenty-eight inches to the level of the ground when the motor vehicle stands unloaded.". On many small cars the headlights are lower than twenty-eight inches.

BILL No. 118 of 1957

An Act to amend The Vehicles and Highway Traffic Act (Assented to , 1957) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Vehicles and Highway Traffic Act, being

chapter 356 of the Revised Statutes of Alberta, 1955, is hereby amended.

Section 11 is amended by adding immediately after subsection (6) the following subsection: "

(7) Where the ownership of a motor vehicle other than a public service vehicle passes from one person to another and the new owner intends to make application for the registration of the vehicle in his name, and "(

a) to have transferred to him the number plates is sued to the registered owner of such vehicle, or " (

b) to have reissued to him for use on such vehicle number plates issued to him upon the registration of another motor vehicle, then notwithstanding sections 10 and 30, the new owner may display such number plates on the said vehicle and operate or permit another person to operate the motor ve hicle on a highway for not more than fourteen days after the ownership passes to him."

Section 22 is amended by striking out subsections (5) and (6).

Section 36 is amended by striking out the word "twenty-eight" and by substituting the word "twenty-four".

2 15. Printing error in the Revision is corrected. Subsection (1) of

section 4'6 as relevant presently reads: "46.

(1) At any time durillg' the period )wtw,'en one hour after sunset and one hour before sunrise or at any other time when atmos pheric conditions are such that objects on the highway are not plainly visible at a distant'e of three hundred feet "(

a) no motor yehicle or traItor shall he in motion on any highway unless both h"udlam1ls an' alight and are providing sufficient lig'ht to make objects on tllP hig-hway clearly visible, "(i, in the case of a motor yphide at distances specified in

section 37, 40 or 41, as the case may be, and "(ii) in the case of a tractor at a distance of three hundred feet ahead of the trac~or,". 6. Subsections (2) and (3) of

section 47 presently read: "

(2) XO motor yehicle other than a vehicle used "(

a) for the transportation of any member of a fire-brigade or of any fire fighting equipment, "(

b) for the transpol'tatioll of any policeman, "(

c) as an ambulance, "(

d) as a snowplow, "(

e) as a tow truc1{, or "(

f) for the transportation of explosi\"e~, shall be equipped with any red light or flashing light visible from the front of the vehicle, except such signalling lights for turning as are prOVided for ill

section 53. "

(3) No motor vehicle used as a tow truck shall haye on a red light or .flashi,ng .Jig'ht, ~xcept such signalling lights for turning as are. provlded for 111 sectwn 53, unless it is in the actual nrocess of tOW111g.". - The use of red lights or flashing lights visible to the front of a vehicle is further restricted.

Section 53 requires all new vehicles sold, to be equipped with turn signals. The new subsection will require the signals to be kept in working order. 8. New. Vehicles required to be equipped with windshield wipers and defrosters.

Section 46, subsection (1), clause (

a) is amended by adding immediately after the word "vehicle" in subclause (

i) the word "at".

Section 47 is amended by striking out subsections (2) and (3) and by sUbstituting the following subsections: "

(2) No motor vehicle other than a vehicle used " (

a) for the transportation of any member of a fire brigade or of any firefighting equipment, " (

b) for the transportation of any policeman, or II (

c) as an ambulance, shall be equipped with any red light or flashing light visible from the front of the vehicle. "(3) Subsection (2) does not apply to " (

a) signal lights for indicating an intention to turn as are provided in

section 53, " (

b) alternate flashing red lights displayed by a school bus that is stopped to pick up or discharge a child, and " (

c) flashing lights of such color other than red as is provided in this Act or the regulations made here under and displayed by "(

i) a snowplow, " (ii) a vehicle transporting explosives, or " (iii) a tow truck while towing a disabled vehicle."

Section 53 is amended by adding immediately follow ing subsection (4) the following subsection: "

(5) The owner of a motor vehicle equipped with lamps or mechanical signal devices pursuant to subsection (1) 3hall maintain such lamps or mechanical signal devices in good working order.". 8. The following new

section is added immediately after

section 55: "55a,.

(1) Every motor vehicle equipped with a wind shield shall be equipped with " (

a) a mechanically or electrically operated device for cleaning rain, snow or other moisture from the windshield, and " (lJ) a device for keeping the windshield clear of fog and frost, that can in each case be controlled or operated by the driver of the motor vehicle.

3 9. The present

section 57 prov~des for: the .annual c.ertificate of approval for vehicles. This certlficate IS bemg abohshed. 1.0.

Section 59 presently reads: "59.

(1) The Minister may from time to time by order fix, or authorize a council of any municipal district or county to fix by by-la w a maximum speed limit applicable to aU vehicles or to any class or classes of vehicles travelling over any highway in the mun icipal district or county and designated by the Minister or over any part of such designated highway. "

(2) Any order or by-law made pursuant to subsection (1) shall be published in The Allberta Gazette and the Minister may cause such signs to lJe erected along the highway or portion thereof as he deems adequate to notify any person driving a vehicle thereon of the maximum speed limit so fixed. "

(3) No person shall drive a motor vehicle on any highway or portion thereof at any rate of speed in excess of th8 maximum speed limit indicated by signs erected pursuant to subsection (2).". Municipal districts are given the power to fix speed limits on district highways and local roads without an order of the Minister. The Minister may by order fix the maximum speed on other highways.

3 "

(2) The owner of a motor vehicle shall maintain in good working order the devices required by subsection (1). "

(3) The operator of a motor vehicle shall maintain the windshield so as to provide adequate visibility."

Section 57 is struck out and the following

section is substituted: "57.

(1) Without in any way restricting the provisions of this Part, the owner of a motor vehicle shall keep and maintain the lights, brakes, mirrors, horn, steering mecha nism, windshield wipers and defrosters of the vehicle in good working order. "

(2) When so requested by a peace officer the owner of a motor vehicle shall, as soon as is reasonably possible, have such work done to the vehicle as is necessary to make it comply with the provisions of this Part and shall report such compliance to the peace officer."

Section 59 is struck out and the following is sub stituted: "59.

(1) In this

section "district highway" and "local road" means district highway and local road as defined in The Public Highways Act. "

(2) Except in the case of district highways and local roads, the Minister may from time to time by order fix a maximum speed limit applicable to all vehicles or to any class or classes of vehicles travelling over any highway de signated by the Minister or over any part of such designated highway. "

(3) An order made pursuant to subsection (1) shall be published in The Alberta Gazette. "( 4) The council of any municipal district may by by-law fix a maximum speed limit applicable to all vehicles or any class or classes of vehicles travelling over any district high way or local road within the municipal district or over any part of such district highway or local road. "

(5) The Minister or the council, as the case may be, may cause such signs to be erected along the designated highway, district highway or local road or portion thereof as the Minister or the council, as the case may be, deems adequate to notify any person driving a vehicle thereon of the maximum speed limit so fixed. "

(6) No person shall drive a motor vehicle on a highway designated in the order or a district highway or local road designated in the by-law at a rate of speed in excess of the maximum speed limit indicated by signs erected pursuant to subsection (5)."

4 1.1. The Act presently provides that when there are two l!'lnes on the same side of the centre line of a highway for vehIcles travelling in the same direction a driver within a city may pass another vehicle travelling in the same direction on either the right or the left. Outside the city he may only pass 0t! the le~t even though the right lane is clear. The amendment wIll permIt passing on the right outside a city on highways laned for two lines of traffic proceeding in the same direction.

Section 110 presently reads: "'10. Every driYer of a motor yehic'le shall !)roduce within a reason able time, "(

a) the certificate of the registration of the motor yehicle, and "(

b) the certifiente of approval of the motor vehicle issued pursuant to

section 57, when requested to do so by any inspeetor or peace officer.". The certificate is being abolished. 13. Minister is given discretionary power to issue temporary licence. 14. The minimum insurance limits are doubled and are set out in the Act. At present the insurance coverage stipulated under Parts XI and XII is determined with reference to the minimum limits in The Alberta Insurance Act.

But in that Act the minimum limits for public liability and for property damage are dealt with separately and this new subsection is intended to make it clear that for the purposes of Parts XI and XII both public liability and property damage coverage is required, not one or the other. 15. Subsection (2) of

section 151 reads: "

(2) Every such licence and registration remains suspended and shall not at any time thereafter be renewed, nor shall any new driver's licence be issued to. 01' nnv registration be permitted to be made by the person liable, until . "(

a) the judgment "(

i) is barred under The Limitation of Actions Act, or "(ii) is satisfied or discharged, otherwise than by a discharge in bankruptcy, . "(Al to the extent of at least five thousand dollars exclusive of interest and costs, for injury to or death ~f anyone person, "(B) "(

C) and to ~he extent of at least ten thousand dollars exclusive of mterest and costs, for bodily injury to or death of t.w~ or more. pers~ms in anyone accident, subject to the ~lJ~llt prescn~ed m paragraph (

A) for eaeh person so 111Jured or kIlled, and to the ext<:nt of at least one thousand dollars, exclusive o~ costs_, 1C'~ • dam.age to ])l'operty of others, not being' l)lOpert~. cmned 111. the motor Yehie-Ie that occasioned the aceident, resultmg from anyone accident, "(

b) sueh person gives proof of his financial responsibility.".

Section 67 is amended (

a) by striking out clause (g), (

b) as to clause (

h) by striking out the words "within a city and", (

c) by striking out clause (j), (

d) as to clause (

k) by striking out the words "within a city and".

Section 110 is struck out and the following is substi tuted: "110. Every driver of a motor vehicle shall produce the certificate of the registration of the motor vehicle upon de mand therefor by any inspector or peace officer."

Section 140 is amended (

a) as to subsection (2) by striking out the words "for feited, cancelled and void" and by substituting the word "'suspended", (

b) by adding immediately after subsection (2) the following: "

(3) Where a licence is cancelled and the Min ister deems it a proper case for relief, he may in his discretion, issue a temporary permit or reissue the licence for such period and upon such terms and conditions as he deems just."

Section 150 is amended by adding immediately after subsection (1) the following: " (1a) A motor vehicle liability policy shall " (

a) insure to the limit of at least ten thousand dollars for loss or damage resulting from bodily injury to or the death of anyone person, and subject to such limit for anyone person so injured or killed, to the limit of at least twenty thousand dollars for bodily injury to or death of two or lTIOre persons in anyone accident, and " (

b) insure to the limit of at least two thousand dollars for damage to property resulting from anyone accident, exclusive of interest and costs."

Section 151, subsection (2), clause (a), subclause (ii) is amended (

a) as to paragraph (

A) by striking out the word ufive" and by substituting the word "ten", (b) (

c) as to paragraph (

B) by striking out the word "ten" and by substituting the word "twenty", as to paragraph (

C) by striking out the words "one" thousand" and by substituting the words "two thou- sand."

Section 156 presently reads: "156. Proof of financial responsibility shall be giyen b~ eyery driv~r, and in the case of an owner, hy E'ypn" owner to wl~ol11 thIS Part applH's for each motor yehide registered in his nam~, 111. the amounts and subject to the limitations, conditions and 9uahficatlOns pn~~crlbed for an owner's and a driyer's policy respeetlyely by Part '\ II of The .\Iherta Insurance .\f't.". 1 '1.

Section 157, subsection (1), clause (

c) presently reads: "157.

(1) Proof of financial responsibility may be given in anyone of the following forms: "(

c) the certificate of the Minister that the person named therein has deposited with him a sum of money or securities for money approved by him in the amount or value of eleven thousand dollars for each motor vehicle registered in the name of such person; the Minister shall accept any such deposits and issue a certificate therefor, if such deposit is accompanied by evidence that there are no unsatisfied executions against the depositor registered in the office of the sheriff for the judicial district in waich the depositor resides.". Subsection (3) of

section 157 presently reads: "

(3) In the case of an owner of ten or more motor yehicles to whom this Part applies, proof of financial responsibility in a form and in an amount not leES than fifty thousand dollars, satisfactory to the Minister, may he accepted as sufficient for the purposes of this Part.". 18. Reference is changed to the minimum limits as set out in the Act. See clause 14. '19. Clause (

b) of subsection (5) of

section 170 presently reads in part: • "(

b) in case of an insurer that is not so licensed, the insurer shall file with the Superintendent of Insurance, in a form prescribed by him, "(

i) a power of attorney authorizing the Superintendent of Insurance to accept service of notice or process for itself in any action or proceeding against it arising out of a motor vehicle accident in Alberta, or "(ij) an undertaking "(A) ~o appear .i~ any action or proceeding against it or its 111sured artsll1g out of a motor vehicle accident in Al berta, and of which it has knowledg"e,". It was intended that both be done, not either one. 20. See note to clause 14. 2,1. See note to clause 14.

Section 3 of

chapter 59 presently reads: "3. The Yehicles and Highway Traffic Act, being

chapter 3S4 of the Revised Statutes of Alberta, EJS5, is hereby amended.". An error is corrected.

Section 156 is amended by adding immediately after the word "amounts" the words "stated in subsection (la) of

section 150,".

Section 157 is amended (

a) as to subsection (1) by striking out the word "eleven" in clause (

c) and by substituting the word "twenty-two" , (

b) as to subsection (3) by striking out the word "fifty" and by substituting the words "one hun dred".

Section 168, subsection (1), clause (

b) as enacted by

chapter 59 of the Statutes of Alberta, 1956, is amended by striking out the words "section 297 of The Alberta In surance Act" in subclause (ii) and by substituting the words "subsection (la) of

section 150".

Section 170, subsection (5) as enacted by

chapter 59 of the Statutes of Alberta, 1956, is amended (

a) as to clause (

b) by striking out the word "or" at the end of subclause (

i) and by substituting the word "and", (

b) by striking out the words "section 297 of The Al berta Insurance Act" wherever they occur and by substituting the words "subsection (la) of

section 150".

Section 171, subsection (1) as enacted by

chapter 59 of the Statutes of Alberta, 1956, is amended by striking out the words "section 297 of The Alberta Insurance Act" and by substituting the words "subsection (la) of

section 150." .21.

Section 175, subsection (1), clause (

b) as enacted by

chapter 59 of the Statutes of Alberta, 1956, is amended by striking out the words "section 279 of The Alberta Insur ance Act" and by substituting the words "subsection (Ia) of

section 150". 22.

Chapter 59 of the Statutes of Alberta, 1956, being

an Act to amend The Vehicle.s and Highway Traffic Act is amended by striking out the numerals "354" in

section 3 and by substituting the numerals "356".

6 23. Lieutenant Governor in Council is given power to establish a new system of operators licences in place of the present yearly drivers and chauffeurs licences. SubsEction (3) provides that references in the Act to drivers and chauffeurs licences shall be construed as references to the applicable class of operators licences. There are so many references in the Act to ,chauffeurs licences and to drivers licences that it would be necessary to rewrite the Act in order to incorporate this change.

6 23.

(1) The Lieutenant Governor in Council may by regulations prescribe operators licences for use under The Veh'icles and H'ighway Traffic Act in substitution for drivers and chauffeurs licences or either of them. (2) vVithout restricting the generality of the foregoing, the regulations may presc:ribe (

a) the commencement, and termination date for oper ators licences either generally or by reference to particular dates or events, (

b) different classes of operators licences, the persons to whom any class of operators licence may be is sued and the conditions for obtaining and retain ing any class of licence, (

c) practical and medical examinations or either re quired to be taken by any person to obtain any class of operators licence, or to retain any class of operat ors licence, and (

d) such other requirements as may be deemed neces sary to ensure that only qualified or competent per sons obtain or retain, as the case may be, any class of operators licence.

(3) Where pursuant to any regulation operators licences or classes of operators licences are prescribed for use under The Vehicles and Highway Traffic Act, all references in that Act to chauffeurs licences or drivers licences or to both drivers and chauffeurs licences, shall be deemed to be a reference, mutatis mutandis, to an operators licence issued pursuant to the regulations referred to in this section. 24.

(1) This Act except for sections 14 to 18, clause (

b) of

section 19 and sections 20, 21 and 23, comes into force on the day upon which the Revised Statutes of Alberta, 1955, come into force.

(2) Section 23 comes into force on the day upon which this Act is assented to and upon so coming into force shall be deemed to have been in force at all times on and after the first day of January, 1957.

(3) Sections 14 to 18, clause (

b) of

section 19 and sec tions 20 and 21 come into force on the first day of July, 1958.

No. 118 THIRD SESSION THIRTEENTH LEGISLATURE 5 ELIZABETH II 1957 BILL

An Act to amend The Vehicles and Highway Traffic Act Received and read the First time .. Second time .................. .. Third time. HON. 1\1"R. T AYLOR Title: 1957 (13th, 3rd) Bill 118,

An Act to amend The Vehicles and Highway Traffic Act

Document details

Collection	Alberta — Bills
Citation	L13 S3 6354
Type	bill
Volume / chapter	L13 S3 6354
Language	en
Format	json
Source	PROVINCIAL
Identifier	68760a3aba97e90c318aabc9c2467ea20b37116d

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