Bill 26 — Third Session, 17Th Legislature, 23 Elizabetb Ii the Legislative Assembly of Alberta Bill 26 the Off.Highway Vehicle Amendment Act, 1974 Dr Mccrimmon (Legislature 17, Session 3)

L17 S3 5292

Alberta — Bills

1974 Bill 26 Third Session, 17th Legislature, 23 Elizabetb II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 26 The Off.Highway Vehicle Amendment Act, 1974 DR MCCRIMMON First Reading .............................. . Second Reading Third Reading ............................. . Printed by L. S. WALL, Queen's Printer for the Province of Alberta, EDMONTON

Bill 26 Dr. McCrimmon BILL 26 1974 THE OFF-HIGHWAY VEHICLE AMENDMENT ACT, 1974 (Assented to , 1974) HER MAJESTY, by and with the advice and consent .of the Legislativ:e Assembly of Albe~ta, enacts as follows: 1. The Off -highway Vehicle Act is hereby amended.

Section 1 is amended (o,J by adding the following clause after clause (a): (al) "financial responsibHity card" means a card issued pursuant to ,section 4.1 of this Act or

Part 7 of The Alberta Insurance, Act; (

b) by adding the following clauses after clause (b): (bl) "insured off-highway vehicle" means an off highway vehicle the owner of which is insured by a policy of 'insurance approved under

Part 7 of The Alberta Insurance Act and containing the ,coverage and limits fixed by that Part for automobiles in relation to public liability, prop erty damage and accident benefits in respec.t of that off-highway vehicle; (b2) "insurer" me.ans a person licensed under The Alberta Insurance Act to carryon the business of automobile insurance in Alberta; (

c) by adding the following clause after clause (l): (11) "policy" means la policy of insurance in con formity wi;tJh

Part 7 of The Alberta Insurance Act in respect of an insured off-highway vehicle; 3. The following sections are, added after

section 4: 4.1

(1) Every insurer who issues a policy in respect of an off-highway vehicle 'Or a policy of the type commonly kno~n as a .garage and s!ales ~gency liability policy shall, at the tIme of Issue thereof, also Issue and deliver to the named insured. a finan~ial res.pons,ib}lity card and shall, on request by the lnsured, Issue 'and delIver ,to him an additional card ,

Explanatory Notes I. This Bill will amend

chapter 73 of the Statutes of Alberta, 1972. Insurance is presently covered by way of regulations under

section 23 of the Act. 2. Adding

definitions in this Bill consequential to amendments. 4.1 Insurer must issue financial responsibility cards and, in the Cq~e of qrive-yourl?elf vehicles, certify that th.~re i;:? coverage.

which shall be a copy of the financial resp'Onsibility card delivered to the insured, for each person who. commonly drives the off-highway vehicle to which the :card refers and for ,each off-highway vehicle in respect of which the policy is issued.

(2) Every insurer who issues a policy in respect 'Of an off-highway vehicle that i,s kept for hire by a person en galged in renting off-highway vehicles on a drive-yourself basis shall file with the Registrar a certification of the insurer (a) (b) (c) (

d) that the insurer has issued, Ito or for the beneflit of the person named therein, a policy that at the date of the certification is in effect, specifying all off-highway vehicles to whkh the policy applies, that the policy oovers all off-highway vehicles then registered in the name of the insured which are rented on a drive-yourself basis, that the P'OHcy will not be canoelled or expire except upon 15 days written notice to the Minister, and (

e) that until such notice is given the certif!i'cate is valid and sufficient to co.ver the term of any renewal of that policy by the insurer or the term of the insured's registration.

(3) A financial responsibility card issued under sub section (1) shall be in a form approved by the Superintend ent of Insurance under The Alberta Insurance Act. 4.2

(1) A person who (a)appJies for the registration of an off-highway vehicle when it is nOlt an insured 'Off-highway vehicle, or (

h) obtains the registration of an off-highway vehicle when it is noot an insured off~highway vehicle, is guilty of an offence.

(2) Subject to subsection (4), a r'egistered 'Owner of an off-highway vehicle that is no.t an insured off..,hig"hway vehicle who (

a) operates that off-highway vehicle, or (

b) permits 'any other person to operate that off highway vehicle, is guilty of an offence.

(3) Subject t'O subsection (4), a person who operates an off-highway vehicle that is not an insured off-highway veh ide is guilty of an offence.

(4) A person is not guilty of an offence under subseotion (2) or (3) where the off-highway vehicle is operated 2

4.2 Offences. 2

(a) 'On his 'Own land, Dr (

b) on land 'Owned by some 'Other person if that other perSDn has expressly Dr impliedly cDnsented tD such operation thereon.

(5) Where the registratiDn of an 'Off-highway vehicle is suspended it is still a registered off~highway vehicle for the purposes of this section. 4.3 Upon the conviction of a person for a second or sub sequent offence under

section 4.2, the Minister may in his discr,etion require the convicted person to file with him proof 'Of financial resp'Onsibility in a fDrm and in an amount satisfactory to him. 4.4 (1) 'The operator of an off-'highway vehicle who is required under this Act tD be insured shall, upon the request 'Of a peace officer, produce a financial respDnsiibility card fror that off-highway vehicle and the peace officer shall give the operator of the off-highway vehicl'e reason3Jble time within which to produce the financial responsibility card.

(2) The operator of an off-highway vehicle who fails to produce a financial responsibility card as required by sub section (1) is guilty of an offence.

(3) The operator of an off-highway vehicle who, when requested to produce a financial responsibility card as re quired by this sectiDn, (

a) produces a false financial responsibility card, or (

b) produces a financial responsibility card relating to an insurance policy which is invalid at the time 'Of productiDn, is guilty of an 'Offence. 4.5 In a prosecution under

section 4.2, the onus is on the accused person to prove that his off-highway vehicle was at all revelant times an insured off-highway vehicle and in a prosecution under

section 4.4, the 'Onus is on the accused person tD prove that he held subsisting insurance at the time he was required to produce the financial responsibility card.

Section 11, subsection (3) is struck out and the foUow ing subsection is substituted:

(3) Upon receipt of an application for a drive-yourself rental 'Certific~te and upo~ payment '?f the fee prescribed by the regulatIons, the RegIstrar may Issue a drive-yourself ren~al certifi~ate if he is. ~atisfied that each 'Off-highway vehIcle to WhICh the certIfIcate relates is an insured off highway vehicle. 3

4.3 Second or subsequent conviction. 4.4 Production of financial responsibility card. 4.5 Onus of proof. 4.

Section 11 (3) presently reads:

(3) Upon receipt of an application for a drive-yourself rental cer tificate and upon payment of the fee prescribed by the regulations, the Registrar may issue a drive-yourself rental certifi.cate if he is satisfied that each off-highway vehicle to which the certificate relates is covered by a policy of insurance in conformity with and insuring such persons or classe,s of persons for such amounts as the regula,tions may require. 3

Section 15, subsection (1), clause (

c) is amended (

a) by st'riking out the word "and" at, the end of sub clause (ii) and by adding the word "and" at the end of subclause (iii), (

b) by a,dding the following subclause after subclause (iii) : (iv) a financial responsibility card in respect of that vehicle, if it is an insured off-highway vehicle, 6. The following

section is added after

section 20: 20.1 Any f1ine or penalty imposed under this Act (

a) on a conviction for an offence occurring in a city, town, village or summer village belongs to the city, town, village or summer village, and (

b) on a conviction for an offence occurring in a county 'Or municipal district, belongs to the county or munic ipal district, but in all other cases the fines and penalties belong to the Government of Alberta. 7. Sect,ion 23 is amended (

a) by striking out clause (

h) and by substituting the following clause: (

h) authorizing and governing the suspension and cancellation of 'certificates of registration and licence pl-ates for a contravention 'Of this Act or the regulations; (

b) as to clause (

n) by adding after the word "regula tions" the words "on such terms and conditions as may be prescribed". 8. This Act cornes into force on the day upon which it is assent.ed to. 4

Section 15, subsection (1) presently reads: 15.

(1) When an a·ccident occurs the operator or other person in charge of an off-highway vehicle that was directly or indirectly in volved in the accident, (

a) shall remain at or immediately return to the scene of the acci dent, (

b) shall render all reasonable assistance, and (

c) shall produce in writing to anyone sustaining loss or injury and to any peace officer and to a witness (

i) his name and address', (ii) the name and address of the registered owner of the off highway vehicle, and (iii) the registration number of the off-highway vehicle, or such of that information as is requested. 6. Distribution of fines.

Section 23, clauses (

h) and (

n) presently read: 23. The Lieutenant Governor in Council may make regulations (

h) prescribing the amount and type of insurance coverage that shall be supplied in respect of off-highway vehicles; (

n) exempting any off-highway vehicle or class of off-highway vehicles from any or all of the provisions of this Act or the regulations; 4 Title: 1974 (17th, 3rd) Bill 26, The Off-Highway Vehicle Amendment Act, 1974

Document details

Collection	Alberta — Bills
Citation	L17 S3 5292
Type	bill
Volume / chapter	L17 S3 5292
Language	en
Format	json
Source	PROVINCIAL
Identifier	77680563aeb846abe88212b0e6b2175916e860ff

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