Bill No. 113 of 1954 A BILL TO AMEND THE VEHICLES AND HIGHWAY TRAFFIC ACT NOTE :rhis Bill amends The Vehi~le8 and High'lony Traffic Act, beIng

chapter 275 of the RevIsed Statutes of Alberta,

Section 18 is amended by substituting a nE.lW

section there-. for. As a result of permitting cities to fix speed limits by by-law it is at present not permissible for a convicting magistrate to suspend or cancel the driver'~ or chauffeur's licence of a person convicted of speeding within a citv con .. trary to a city by-law. This amendment empowers a magis­ trate in such a case to suspend or cancel a licence.

Section 18a is added. This new

section is essentially the present

section 124a which because I)f its present position in the Act (amidst provisions relating to fingncial responsi­ bility) is in apparent conflict with

section 127. Some sub­ stantive changes have been made in the previsions of this

section in transposing it, viz., where previously the Ministel' was required to suspend the licences in the cases set out in sect!on 124a, it is now provided that the licences are auto­ matically suspended for the periods specified. and the con­ victed persons are disqualified from holding licences for such period. The periods of the suspension of Hcence and disqualification are dated from the date of the conviction causing the suspension where, previously} no effective date was specified in the section.

Section 23, clause (

b) is amended to correct an error.

Section 42, subsection (la) is amended to prohibit driv­ ing at night at a speed greater than fifty miles an hour.

Section 47b is added. This

section prOVides a rule of the road that requires a person to drive so as not to impede or block traffic by driving at a slower than reRsonable speed. Such a person can be required to drive faster by a police constable when that person by an unreasonably slow speed is hindering the movement of traffic.

Section 59 is amended as to subsections (2), (4) and (5) to remove the reference to street railway cars which are no longer in operation in Alb-erta.

Section 73 is amended to make the reference in this sec­ tion to a new licence be a reference to any licence.

Section 76 is amended to correct :-t reference.

Section 86 is amended by the addition of a new clause -empowering peace officers to arrfst withont warrant per-

ii sons who are driving while their licence to drive is under suspension.

Section 99 is amended by the addition of a new sub­ section (2) which provides that the certificate of the Min­ ister or his deputy that a person is disqualified from holding a licence under this Act is prima facie evidence of that fact without further proof.

Section 111 is amended by the substitution of new sub­ sections (2) and (3). Subsection (2) sets out the offence of operating a motor vehicle while the registratio!) therefor is under suspension or cancellation and sets out the penalty therefor. Subsection (3) sets out the offence of driving while the driver's or chauffeur's licence of the driver is under suspension or cancellation and expressly provides that the penalty therefor is to be imprisonment for not more than thirty or less than twenty days.

Section 113 (1) is struck out as it is a duplication of

section 18 (1) and (2).

Section 123 is amended. Subsection (1) makes a reference to the new

section 132a, and further makes it clear that the power of the Minister to suspend a licence or a registra~ tion of a person who faUed to satisfy a judgment applies only to judgments ariFling out of motor vphicIe accidents and that it is subject to the new

section 132a. Subsectioll (la) is amended to provide that the suspension applies only so long as the judgment is not barred by the statute of limitations. Otherwise the subsection remains the same in effect. Subsection (2) is amended to remove th~ reference to other provinces therein as subsection (1) is intended to apply to judgments in other provinces.

Section 124 is amended. Subsection (1) is amended to correct a reference to the maxim urn sneed allowed on highways. Subsection (5) is amended to- nlake it clearer that the power of the Minister to remove a suspension or cancellation of a licence applies only where the licence is under suspension or cancellation for failure or because of failure to provide proof of financial responsibt!ity. Sub­ section (6) is added and provides that judges or other~ convicting for any offence designated in subsection (1) shall forward to the Minister for suspension the driver's or chauffeur's licence of the accused.

Section 124a. is repeaJed as it is becoming the new sec­ tiOl). 18a.

Section 132, subsection (2) is amended to correct a reference. S~ction 132a is new. Subsection (1) permits a person who has had a final judgment rendered against him outside Alberta to apply to a Supreme Court judge. On the appIi­ c!ltion a judge may relieve the applicant from the suspen­ sIOn. of .his motor vehicle registration and the suspension of hIS lIcence as required by

section 123 ili such casee, jf

iii the judge finds that the circumstances warrant the relief. This Bill is to come into force on the 1st dtty of July, 1954, except

section 11 which comes into force upon assent. J. W. RYAN i Acting Legislative Counsel. (This note does not fOl'm any pare of the Bill but is offered in explanation of its provisions.)

BILL No. 113 of 1954

An Act to amend The Vehicles and Highway Traffic Act ( Assented to , 1954) HER MAJ~ST:, 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, bei!1g

chapter 275 of the Revised Statutes of Alberta] 1942, is hereby amended.

Section 18 is struck out and the following are substi-

Section 18 tuted : amended "18.

(1) When a person who is the holder of a driver's Delivery of or chauffeur's license is convicted of an offence under licen~etiupon "(

a) this Act or the regulations, or " (

b) section 285 of the Criminal Code, as amended from time to time, or "(

c) any city by-law that fixes a speed limit within the city, he shall upon conviction forthwith deliver his license to the judge, police magistrate or justice of the peace making the conviction. conVlC on "

(2) The judge, police magistrate or justice of the peace ~~~~r~r­ making the conviction shall thereupon endorse the particu- convi~tio~ lars of the conviction upon the driver's license or chauffeur's g~ g~~"uef- s license delivered to him following the conviction. f~~~:e "

(3) When a judge, police magistrate or justice of the Suspension peace convicts a person of an offence r:ti~~n~~- " (

a) under this Act, or ~~!t;:~~u~~ "(

b) under a city by-law that fixes a speed limit within llcense the city, if that person is the holder of a driver's license or a chauf­ feur's license the judge, police magistrate or justice upon making the conviction may suspend for such time as he thinks fit, or cancel, the driver's or chauffeur's license of that person. "

(4) When a J'udge police magistrate or justice of the License dis-.' qualification peace conVIcts a person of an offence " (

a) under this Act, or "(

b) under a city by-law that fixes a speed limit within a city, if that person is not on the date of the conviction the holder

Report of suspension or cancel­lation Term of Buspensi(}n or cancel­lation New

section 18a License suspension or disquali­fication from holding license 2 of either a driver's license or chauffeur's license, the judge, police magistrate or justice making the conviction may order that the convicted person be disqualified from holding a driver's and chauffeur's license for such period as the judge, police magistrate or justice thinks fit and the dis­ qualification remains in force until the Minister in his discretion makes an order shortening the period of or annul­ ling the disqualification. "

(5) When a judge, police magistrate or justice of the peace makes an order under the Criminal Code prohibiting a person from driving during any period "(

a) if the person prohibited from driving is the holder of a driver's license or chauffeur's license, the judge, police magistrate, or justice upon making the order "(

i) shall also suspend the driver's or chauffeur's license for the period driving is prohibited, and "(ii) shall transmit the suspended license to the Minister with a report setting out the circum­ stances of the suspension, or "(

b) if that person is not the holder of a driver's license or chauffeur's license, the judge, police magistrate or justice "(

i) shall order that the person prohibited from driving be disqualified from holding either a driver's or chauffeur's license for the period his driving is prohibited, and " (ii) shall transmit notice of the order to the Min­ ister setting out the circumstances of the order. "

(6) Where a judge, police magistrate or justice of the peace suspends or cancels a license pursuant to subsection (3), "(

a) the judge, police magistrate or justice shall trans­ mit the suspended or cancelled license to the Min­ ister together with a report setting out the nature of the conviction and the circumstances of the of­ fence, and " (

b) the suspension or cancellation remains in force until the Minister in his discretion makes an order shortening the term of suspension or annulling the cancellation. "18a.

(1) Where a person is convicted for a second time within a period of twelve months for an offence that in ~ach case arose from or in connection with a motor vehicle accident that resulted in bodily injury to, or in the death of a person or that resulted in damage to property in an amount exceeding one hundred dollars, " (

a) if the convicted person is the holder of a driver's or chauffeur's license, his licens·e is suspended for a period of six months from the date of the second convictipn, or " (

b) if the convicted person is not the hold.er of a driver's or chauffeur's license, he is disqualified "from· hold-

3 il}g a driver's or chauffeur's license for a period of SIX months from the date of the second conviction. "

(2) Where a person is convicted under the Criminal Code of driving or of having the care or control of a motor vehicle while intoxicated "(

a) if the convicted person is the holder of a driver's or chauffeur's license, his license is suspended for a period of twelve months from the date of his conviction, or " (

b) if the convicted person is not the holder of a driver's or chauffeur's license, he is disqualified from hold­ ing a, driver's and chauffeur's license for a period of twelve months from the date of his conviction. "

(3) Where a person is convicted under the Criminal Coele of driving a nlotor vehicle or of having the care or control of a motor vehicle while his ability to drive a motor vehicle is impaired by alcohol or any drug "(

a) if the convicted person is the holder of a driver's or chauffeur's license, his license is suspended "(

i) for six months from the date of the conviction in the case of a first conviction for that offence, or "(ii) for one year from the date of the conviction in the case of a second or subsequent conviction for that offence, or H (

b) if the convicted person is not the holder of a driver's or chauffeur's license he is disqualified from holding a driver's or chauffeur's license "(

i) for six months from the date of the conviction, in the case of a first conviction for that offence, and "(ii) for one year from the date of the conviction, in the case of a second,or subsequent conviction for that offence.

"( 4) W~en a judge, police magistrate h or justice f of the Po~¥~i1~~ of peace convICts a person of an offence t at arose rom or driver's or in connection with a motor vehicle accident that resulted fl~~~~ee~~s in bodily injury to, or in the death of, a person or in damage Minister to property in an amount exceeding one hundred dollars, if there has been a previous similar conviction endorsed upon the driver's or chauffeur's license of that person within the preceding twelve months, the judge, police magistrate or justice shall forward the driver's or chauffeur's license of that person to the Minister. "

(5) When a person who holds a driver's or chauff~l~r's license is convicted under the Criminal Code of drIVIng or having the care or control of a motor vehicle wh.He !n­ toxicated, the convicting judge, police magistrate 0,1' J}lstIce of the peace shall forward the driver's or chauffeur s lIcense of that person to the Minister. H

(6) When a person who holds a driver's or cha.u~feur's license is convicted under the Criminal Code of drIvIng or

Section U amended

Section 42 amended Speed 11m· ltation 4 having the care or control of a motor vehicle while his ability to drive is impaired by alcohol or a drug, the con­ victing judge, police magistrate or justice of the peace shall forward the driver's or chauffeur's license of 'that person to the Minister.".

Section 23, clause (

b) is amended by striking out the words "or commercial vehicle".

Section 42 is amended by striking out subsection (la) and by substituting the following new subsection: "(la) No person shall drive a motor vehicle on a high­ way at a rate of speed greater than H (

a) fifty miles an hour at any time when the headlamps of the vehicle are required to be alight, or H (

b) sixty miles an hour at any other time.". New

section 5. The following new

section is added immediately 47b after

section 47a: Rate of speed

Section 69 amended

Section 73 amended

Section 76 amended

Section 86 amended "47b.

(1) No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or complian,ce with the law. "

(2) Where a person is driving a motor vehicle at such a slow speed as to impede or block the normal and reason­ able movement of traffic, a police officer or police constable may require him to increase his speed.".

Section 59 is amended (

a) as to subsection (2) by striking out the words "or street railway car"; (

b) as to subsection (4) (

i) by striking out the words "and street railway cars", (ii) by striking out the words "or street railway car" ; (

c) as to subsection (5) by striking out the words "and street railway cars" wherever they o,ccur.

Section 73 is amended (

a) by striking out the word "new"; (

b) by striking out the word "year" and by substitut­ ing the word "period".

Section 76 is amended by striking out the words "Public Works" and by substituting the word "Highways".

Section 86 is amended by adding immediately after clause <

I) the following new clause: "(

g) Section 111 relating to the operation of a motor

5 v.ehicle witho~t .a sub~isting certificate of registra­ tIon or a subsIstIng drIver's or chauffeur's license.".

Section 99 is amended (

a) by renumbering the

section as subsection (1) ;

Section 99 amended (

b) by adding immediately after subsection (1) the following new subsection: "

(2) When proof of the disqualification of a per­ son from hol?ing a license ~nder this Act is required, the productIon of a certIficate purporting to be under the hand of the Minister or his deputy to the effect that the person named therein is disqualified from holding a license under this Act, is prima facie evidence thereof without proof of signature or official character.".

Section 111 is amended by striking out subsection

Section 111 (2) and by substituting the following: amended "

(2) If a person knowingly operates a motor vehicle Operation of vehicle "(

a) while the certificate of registration of the motor while regis· vehicle is cancelled, or ~~il~~n or can • "(

b) while the certificate of registration of the motor suspended vehicle is under suspension, he is guilty of an offence and liable on

summary conviction to imprisonment for a term of not less than twenty days or more than thirty days. "

(3) If a person operates a motor vehicle Operation of "(

a) while his driver's or chauffeur's license is cancelled, ~~\~l\cense cancelled or or suspended H (

b) while his driver's or chauffeur's license is under suspension, or "(

c) while he is disqualified from holding a driver's license or a chauffeur's license, unless he is operating the motor vehicle in the course of a driving examination under the supervision of a government driving examiner, he is guilty of an offence and liable on

summary conviction to imprisonment for a term of not less than twenty days or more than thirty days.".

Section 113 is amended by striking out subsection ~:;!~fed113 (1).

Section 123 is amended

Section 123 amended (

a) by striking out subsection (1) and by substituting the following: "123.

(1) Where a judgment for damages Failure to ·d t· d d satisfy arising out of a motor vehicle acel en IS ren ere judgment against a person by a court in Alberta or in any other province of Canada if that person fails within fifteen days from the date upon which the judgment became final, to satisfy the judgment, the Minister

Section 124 amended (b) 6 subject to

section 132 and

section 132a, shall suspend the driver's and chauffeur's license of that person and the registration of every motor vehicle registered in the name of that person." ; as to subsection (1a) by striking out clause (

a) and by substituting the following new clause " (

a) until the judgment "(

i) is barred under The Limitation of Actions Act, or "(ii) is satisfied or discharged, otherwise than by a discharge in bankruptcy, "(

A) to the extent of at least five thousand dollars, exclusive of interest and costs, for injury to or death of anyone person, "(

B) to the extent of at least ten thousand dollars, exclusive of interest and costs, for bodily injury to or death of two or more persons in anyone accident, sub­ ject to the limit prescribed in para­ graph (

A) for each person so injured or killed, and "(

c) to the extent of at least one thousand dollars, exclusive of costs, for damage to property of others not being prop­ erty carried in the motor vehicle that occasioned the accident, resulting from anyone accident, and" (

c) as to subsection (2) (

i) by striking out the words "other province of Canada or any state" and by substituting the words "state of the United States of America", (ii) by striking out the \vords "other province or" wherever they occur.

Section 124 is amended (

a) as to subsection (1), clause (

b) by striking out the words "greater than fifty-five miles per hour in con­ travention of subsection (la) of

section 42 or greater than forty-five miles per hour in contra­ vention of subsection (1b) of

section 42 if in either case" and by substituting the words "prohibited under subsection (1a) of

section 42 if" ; (

b) as to subsection (5) by striking out the words "in any case where the suspension or cancellation of a license creates undue hardship or injustice or in any other case," and by substituting the wor~s "where a license is suspended or cancelled for faIl­ ure to provide proof of financial responsibility, if the suspension or cancellation creates undue hard-

7 ship Or injustice or if the Minister otherwise deems it a proper case for relief,"; (

c) by adding immediately after subsection (5) the following new subsection: "

(6) Where a person has been convicted for any of the offences referred to in clauses (

a) to (

g) of subsection (1) the convicting judge, police mag­ istrate or justice of the peace shall forward the driver's or chauffeur's license of the convicted per­ son to the Minister.".

Section 124a is repealed.

Section 124a repealed

Section 132, subsection (2) is amended by striking

Section 132 out the words "Superintendent of Insurance" wherever they amended occur and by substituting the words "Supervisor of the Motor Vehicle Branch". 16. The following new

section is added immediately New after

section 132:

section 132a "132a.

(1) Where a person becomes liable to a suspen- Application sion of his driver's or chauffeur's license or motor vehicle for relief registration because of a final judgment for damages arising out of a motor vehicle accident being rendered against him outside of Alberta he may make an application for relief to a judge of the Supreme Court of Alberta. "

(2) Where an application for relief is made to a judge of the Supreme Court "(

a) if the driver's or chauffeur's license of the applicant or the registration of motor vehicles registered in the name of the applicant has not then been sus­ pended by the Minister, the judge, if the circum­ stances so warrant, may direct that the, operation of subsection (1) of se,ction 123 be suspended, in re­ spect of the suspension of license or registration or both, upon such terms and conditions as to the judge seem proper, " (

b) if the driver's or chauffeur's license of the applicant or the registration of motor vehicles registered in the name of the applicant has been suspended by the Minister the judge if the circumstances so warrant may direct that the Minister remove the suspension of the license or registration or both, upon such terms and conditions as to the judge seem proper.". 17. This Act comes into force on the first day of July, fo~~~ng into 1954, except

section 11 which comes into force on the day upon which this Act is assented to.

No. 113 SECOND SESSION TWELFTH LEGISLATURE 3 ELIZABETH II 1954 BILL

An Act to amend The Vehicles and Highway Traffic Act Received and read the First time ......................................... . Second time ....................................... . Third time ......................................... . HON. MR. GERHART Title: 1954 (12th, 2nd) Bill 113,

An Act to amend The Vehicles and Highway Traffic Act