Highway Traffic Amendment Act (Speed Limiters), 2006 Scott, Laurie — Bill 115 (38th Parliament, 2nd Session)

Bill 115, 38-2

Ontario — Bills

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Bill 115, Highway Traffic Amendment Act (Speed Limiters), 2006

Scott, Laurie

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[38] Bill 115 Original (PDF)

Bill 115 2006

An Act to amend the

Highway Traffic Act

to improve air quality by

reducing truck emissions

Note: This Act amends the Highway Traffic Act . For the legislative history of the Act, see Public Statutes - Detailed Legislative History on

www.e-Laws.gov.on.ca.

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. The Highway Traffic Act is amended by adding the following section:

Speed limiters

68.1

(1) In this section,

"operator" means the person directly or indirectly responsible for the operation of a motor vehicle, including the conduct of the driver of the vehicle and the carriage of goods or passengers, if any, in the vehicle, and "operate" as a verb has

a corresponding meaning; ("utilisateur", "utiliser")

"speed limiter" means a device mounted on a motor vehicle that, when engaged, electronically limits the maximum speed at which the vehicle is driven to the speed set on the device. ("limiteur de vitesse")

Duty of repairer

(2) A person who repairs or maintains a motor vehicle described in subsection (4) shall ensure that, at the time the person releases the vehicle to another person, the vehicle is equipped with a speed limiter and that the speed

limiter is engaged and set to a maximum speed of 105 kilometres per hour.

Duty of driver and operator

(3) A person who drives or operates a motor vehicle described in subsection (4) shall ensure that the vehicle is equipped with a speed limiter and that the speed limiter is engaged and set to a maximum speed of 105 kilometres per

hour.

Vehicles affected

(4) Subsections (2) and (3) apply to a motor vehicle that,

(

a) is manufactured on or after January 1, 1996;

(

b) is not an ambulance, bus, fire department vehicle, mobile home, police department vehicle or other emergency vehicle; and

(

c) has a total gross weight of greater than 11,000 kilograms.

Deemed non compliance

(5) A person who drives or operates a motor vehicle described in subsection (4) is deemed to have failed to comply with subsection (3) if the driver has been convicted of a speeding offence under

section 128 for driving the vehicle

at a speed greater than 105 kilometres per hour.

Offence

(6) Every person who contravenes subsection (2) or (3) is guilty of an offence and on conviction is liable to a fine of not more than the amount prescribed by the regulations.

Regulations

(7) The Lieutenant Governor in Council may make regulations prescribing an amount for the purpose of subsection (6).

Commencement

2. This Act comes into force on the first anniversary of the day it receives Royal Assent.

Short title

3. The

short title of this Act is the Highway Traffic Amendment Act (Speed Limiters), 2006 .

EXPLANATORY NOTE

The Bill amends the Highway Traffic Act by requiring a person repairing or maintaining a motor vehicle manufactured after 1995 and having a weight exceeding 11,000 kilograms to have a speed limiter

set at a maximum speed of 105 kilometres per hour when the person releases the vehicle to another person. Also, the driver or person responsible for the operation of such a motor vehicle is required to have the speed limiter set at a maximum speed

of 105 kilometres per hour. It is an offence to contravene those two requirements. A person is deemed to have contravened the requirement for drivers and operators if the driver is convicted of a speeding offence for driving the motor vehicle at a

speed greater than 105 kilometres per hour.

Date Bill stage Activity Committee

June 1, 2006

Ordered referred to Standing Committee

Standing Committee on Finance and Economic Affairs

June 1, 2006

Second Reading

Carried on division

June 1, 2006

Second Reading

Debate

May 17, 2006

First Reading

Carried

Debates and Progress

First Reading

May

17, 2006

Second Reading

Debate

June

1, 2006

Ms. Scott, Mr. Ruprecht, Mr. Hardeman, Mr. Prue, Mr. McNeely, Mr.

O'Toole

June

1, 2006

Carried on division. Referred to the Standing Committee on

Finance and Economic Affairs.

Committee

Standing Committee on Finance and Economic Affairs

Third Reading

Royal Assent :

Coming into force :

2. This Act comes into force on the first anniversary of the day it receives Royal Assent.

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-Laws

Highway Traffic Act

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Document details

Collection	Ontario — Bills
Citation	Bill 115, 38-2
Type	bill
Volume / chapter	p38 s2 bill 115 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	83a025b420362b1d890bd0bca45d4a04cd36d3a4

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