Bill 114 — I . = Fourth Session, 16Th Legislature, 20 Elizabeth Ii the Legislative Assembly of Alberta Bill 114 An Act To Amend the Highway Traffic Act (No.2) (Legislature 16, Session 4)

L16 S4 4951

Alberta — Bills

1971 Bill 114 i . = Fourth Session, 16th Legislature, 20 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 114

An Act to amend The Highway Traffic Act (No.2) THE MINISTER OF HIGHWAYS AND TRANSPORT First Reading . . . . . . . . . . . . . Second Reading Third Reading ............................. . Printed by L. S. Wall, Queen's Printer, Edmonton

BILL 114 1971

AN ACT TO AMEND THE HIGHWAY TRAFFIC ACT {No.2} (Assented to , 1971) HER MAJESTY, by and with the advke and consent of the Legislative Assembly of Alherta, enacts als follows: 1. The Highway Traffic Act is hereby amended.

Section 2 is amended (

a) by adding after clause 8 the fOlllowing clause: 8.1 "financial responsibility card" means a card issued pursuant to

Part 14 of this Act or

Part 7 of The Alberta Insurance Act; (

b) by adding after clause 10 the following clause: 10.1 "insured motor vehide"meansa motor vehicle, the onwer of whic'h (

i) is insured pursuant to

Part 7 of The Alberta Insurance Act, or (iIi) has deposited proof of financial responsi bility in a form and in an amount satis factory to the IV(iinister under

Part 14, or (iii) is a corporation that has complied with

section 248 in respect of that motor vehicle;

Section 82, subsection (1), clause (

c) is amended by striking out subclause (

v) and by substituting the foillowing: (

v) a financial responsibility card in respect of that vehicle, 4. Parts 14 and 15 are struck out and the following

Part is substituted:

Explanatory Notes I. This Bill will amend

chapter 169 of the Revised Statutes of Alberta 1970. 2. New definition.

Section 82, subsection (1), clause (c), subclause (

v) presently reads: 82.

(1) When an accident occurs on a highway, the driver or other person in charge of a vehicle that was directly or indirectly involved in the accident (

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

v) the financial responsibility card required in respect of that vehicle or a certificate issued by the Registrar under The Motor Vehicle Accident Claims Act stating that the uninsured motor vehicle fee has been paid in respect of that vehIcle, or such of that information as is requested. 4. New

Part 14

PART 14 FINAN'CIAL RESP'ONSIBILITY OF OWNERS AND DRIVERS 241. In this Part (a) "insurer" m'eans a person licensed to carryon the business of automobile insurance in Alherta; (b) "state of the United States of America" includes the DisltriCit of Columbia; (c) "'policy" means an owner's 'Or non-owner's motor vehicle liability policy 'in conformity with

Part 7 of The Alberta Insurance Act. 242. Nothing in this Part sihall be .construed in such a way astoaffe1ct, diminish or derogarte from any right of action, remedy or security thalt any person may have either at law or equity. Judgment and Suspension 24,3.

(1) Where a judgment for damages aris1ing out of a motor ve1hicle aoc1dent is rendered against a person by a court in Alberta or in any other province of Cana:da,. if that person fails, within 15 days from the date upon whIch the judgment became final, to slatisfy Ithe judgment, the Minister, subject to seetions 244 and 245 may suspend the operator's licence of that person and may sU~p'end t~e registraltion of any or every motor vehicle reglstered m the name 'Of thalt pers'On.

(2) Where an operator's licenc,e and registration are suspended under subsection (1) the lieence ,and registration remain suspended and shaH not at any tim'e thereafter be renewed, nor shaH any new operator's l'icence be issued to, or new registration be permitted to be made by the person liable, until the judgment is satisfied or discharged, other wise than by a discharge in bankruptcy, to the extent of at least $35,000, exclusive of inter'est and costs.

(3) Upon the Minister being sa;ti.sfied that any st~~ of the United States of America has enalcted legislation s'lmllar in effect to subsection (1) and that ,the 1egislation exte,nds and applies to jUdgments rendered and become fin~l a~alI~st res,idents of that state by any court 'Of competent j llrlsdlC ti'On in Alber1ta, the Minister may, by order, 'extend and apply the provisions of subsection (1) 'Or (2) to judgments rendered and become final against residents of Alberta by any court 'Of compe1tent judisdiction in the state.

(4) If, after complying with subsection (2), any other judgment against the pers'On for any accident that occurred before subs'ection (2) was complied with, is reported to the Minister, ~he ope'rator's u'cence and every registration of a motor vehIcle of the person shall again be suspended and 2

it remains slUspended until the judgment is satisfied and diseharged, otherwise than by a dlis(~harge in bankruptcy, to the extent set out in Isubsection (2).

(5) If any person to whom subsection (1) applies is not resident in Alberta, (

a) the privilege of operating a motor venlele in AI herta, 'and (

b) the prlivilege of operating in Alberta any motor vehicle registered in his name shall be and is suspended and withdrawn forthwith by virtue of the judgment until he has oomplied with this s,ection.

(6) Where an operator's licence or a certificate of regis tration of a motor vehiele has been suspended as a result of a judgment obtained against a person who was not driving the vehicle involved ;in the alCclident, t!he Minister in his absolute dis,cretion may reinstate the licence or ceT tif,icaJte of registration or botlh, notwithsi:Janding any other provision of this section. 244.

(1) A judgment debtor to whom this Part applies may on due notice to the judgment creditor apply to the court in which the IUrj'al judgment was obtained for the privilege of paying the judgment in ins1ba,lments, and the court may, in its disrcretion, so order, fbdng the amounts and times of p'ayment 'of the instalments.

(2) Where the Provincial Treasure'r 'has made a pay ment with respect to a judgment pursuant Ito The Motor Vehicle Acddent Grarims Act or The Motor Vehicle Acddent Indemnity Act, the judgment debtor: (

a) may apply to the Minister fOT the privilege of paying ,the judgment to the P rio vi nci al Treasurer in instalments, rin which case the Minister may cause an agreement to be entered into with the debtor for payment by instalments; (

b) may apply to the court pursuant to subsec:tion (1) for the privilege of paying the judgm'ent to the Provincial Treasurer, in whioh case the debtor shall give due notice of theappli<;ation to the Adminis trator of The MOitor Vehiele ACJcident G~aims Act who may 3.!ppear personaUy or by counsel and be heard on the appHc,ation.

(3) Except in a eas,e to which subsection (2) is ap plicable, a judgment debtor and tlhe judgment creditor may enter into an agr'eement for the payment 'Of the judgment in instalments.

(4) While the judgm'ent debtor is not in default in pay ment of the instalments, he shall be deemed not in default for the purpoS'es of this

Part in payment of the judgment, 3

land the ~i:t;ister in his ab.solut~ dis'ererbion may restore the operator s 'lIcence and reglstraltI:on lOf the judgment debtor but 'the .operator's lit~en0e 'and registration shaH again be suspended and rema'ln suspended as prov,ided in

section 243 if the Minister is s,atisfied of default made by llhe judO' menrt debtor in 00mpliance with the terms of thecou;t order or of ,the agreement. 245.

(1) Where a person beeomes Hable to a suspension of his operator's licence or motor vehicle registration be cause of a final judgment for damages arisling out of a motor vehide ac:cident being rendered against him outside of Alberta, he may m'ake an appMeation f'Or reHef to a judge of the Supreme Courlt 'Of Alberta.

(2) Where an applieation for r'elief is made to a judge of the Supreme Court, (

a) if the operaJtor's licence of the applicant or the r'egistration of motor vehides registered in the name of the :applicant has not then been suspended by the Minister, the judge, if the dDcumstances so warrant, may dir'ect that 'the operati'On of

section 243, subsection (1) be suspended, in respect of the suspension of licence or registration 'Or both, upon such terms and conditions as to the judge seem proper, or (

b) if the operator's licence of the applicant or the re gistrationof mlOtor vehicles registered in the name of the apprieant has been suspended by the Min ister, the judge if the circumstances so warra~t may direct that the Minister remlo~e the sJUspensIOn of the licence or registration, or both, upon such terms and conditions as to the judge seem proper. 246.

(1) The clerk or registrar or, where there is no clerk or registrar the judge of the Court in which any final order, judgment or conviction to whieh this Pa;rt applies is rendered shall fO'rwa1}d to the Minister li'mmedi'ately a certified copy 'Of the order, judgment O'r oonviction or a certificate thereof in a flOrm preslcrihed by the Minis,ter.

(2) The 'Certified eopy or eertifioate is prima facie proof of the order, judgment or cO'nviction.

(3) The clerk or 'Other official charged with the d~ty of reporting to the Minister is entitled to -collect and receIVe a fee of $1 flOr ea:ch copy or certif i carte hereby required, which shan be paid as part of the court Icosts in case of a conviction by the perslon convicted, and in case of an order or judgment, by the perslOn for whose benefit judgment is issued.

(4) If the defendant is nOot resident in Alherta, the Min ister shall transmit to the Registrar or other officer or officers, if any, in charge of the registration of motor 4

vehicles :;tnd t~e licensing of operators in the province or state In WhIch the defendant resides, a certificate of the order, judgment or conviction. 247.

(1) Upon requeS't,the Minister may in his dis cretion, furnish to an insurer or surety a certif'ied abstract of the driving record of any person ,covering Ithe three year period immedi'altely preceding the request or such greater period as the MhLister, in his dis'crertion allows.

(2) The Minister, upon written request, shall furnish any perstOn who may have been injured in person lOr pro perty by any motor vehicle, with 'all information of record in his tOffice pertaining to the proof of financial responsi bili ty furnished pursuant to this Part of any owner or driver of any motor vehicle.

(3) Upon the receipt of an application from a driver, the Minister m'ay issue an abstract of the driver's record to the driver's employer 0'r a prospective employer.

(4) Upon rlequest of a peDson, the Minister may, in his discretion, furnish a certified abstra'ct of the driving record of the person to a barrister and solicitor.

(5) Upon request, the Minister may, in his d~slcretion, furnish to a parent 0'r guardian of any person requiring the signature of a parent 0'r guardian on his licence ap pli0ation als provided in

section 7, a eertified abstract of the driving record of that person eovering the three year period immediately preceding the request O'r such greater pe'riod as the Minister, in his discretion, allows. Financial Responsibility 248.

(1) Where the owner of a motor vehicle, being a corporation, produces to the Registrar a certificate issued by the Highway Traffic Board showing that (

a) the corporation maintains a separate insurance fund for the purpose of satisfying therefrom liabil ities it may incur resulting from bodily injury to or the death of any person, or damage to property, occasioned by or arising out of the ownership, maintenance, operation .or use of the motor vehicle by the corporation, and (

b) in the opinion of the Highway Traffic Board, the insurance fund is adequate to satisfy all liabilities that the corporation is likely to incur, subject, for each motor vehicle registered in the name of the COf poration, to the limits as to amount and the accident insurance benefits specified in

Part 7 of The Alberta Insurance Act, the Registrar shall issue and deliver to the corporation a financial responsibility card, and shall, on request of the 5

corporation, issue and deliver to it an additional card which shall be a copy 'Of the 'card issued to ,the corporation, for each motor vehicle registered in the name of the corporation.

(2) In the case of an owner of 10 or more motor vehicles to whom this Part applies, proof of financial responsibility in a forn1 and in an amount not less than $100,000, satis factory to the Minister, may be accepted as sufficient for the purposes of this Part.

(3) A financial responsibility card issued under this

section shall be in a form approved by the Superintendent of Insurance.

(4) Where the owner of a motor vehicle to whom the Registrar has issued a financial responsibility card ceases to maintain, as required by this Part, the financial respon sibility in respect of which the card was issued, he shall forthwith deliver to the Registrar for cancellation the card and all additional -cards issued to h'im. 249.

(1) Every insurer that issues an owner's policy shall, at the time of issue thereof, also issue and deliver to the named insured a financia~l respons'ibility card and shall, on request by the insured issue and deEver to him an additional card, which shall he a copy .of the financial re sP'Onsibility card delivered to the insured, foOr ea:ch person whoO commonly drives the motoOr vehicle to which the card refe-rs, 'Or f'Or each motor vehicle in respect of which the polky is issued.

(2) A financial responsibility card issued under this

section shall be in a form appr'Oved by the Superintendent of Insurance.

(3) Except where it issues an owner's policy outside Alberta, an insurer may print and prepare the f'ina:nd~l respons,ibility card for issue and delivery to its insured If the financial responsibility card is ina form approved by the Superintendent 'Of Insurance.

(4) An insurer that issues owners' policies outside Al berta may issue financial responsibiHty eards in resped of such policies, but 6 (

a) in the case of an insurer that is licensed to carry on in Alberta the business of lautomoblle insurance, every eard iSlsued by it shaH show that the policy thereon mentioned complies with

Part 7 of The Alberta Insurance Act, and (

b) in the 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 Super intendent of Insurance to 'accept service of noOtice or process fo.r itself in any adion or pro.ceeding against it ari,sing o.ut 'Of a motor vehicle accident in Alberta, and

(ii) an undertaking (

A) to 'appe!ar in any a,0tion or p'roceedina against 'it or its insured arising out 'Of ; motor vehide 'a0cident in Alberta and of which 'ilt has kn'Owledge, ' (

B) that upon receipt from the Superintendent of Insurance of any notice or process served upon him in respe'ct 'Of its insured 'Or in respect of its inlSured and anorthe; or others and sent by the Superintendent 'Of Insurance to >it as hereinafter provided, it will forthwith0aJuse the n'0tice '0r pro cess to be per;sonaHy served upon its in sured, and (

c) not to set up to any claim, action or pro ceeding under a mODor veh'icle Hability poHcy issued by it any defence that might not be s-et up if such policy had been 'is sued in Alberta in accordance with the law of Alberta relating to motor vehicle liability policies, and to satisfy up to the llimits of Hability stated in the P'Olicy and, in any 'event to an amount not less than the limits of liability fixed in

Part 7 of The Alberta Insurance Act, any judgment rendered ag~inSit it or its insured by a court in Alberta which has become final in any such action or proceeding.

(5) Where 'an insurer to which subse'ction (4) refers is not authorized t;o carry '0n in Alberta ,the bus!iness of auto mobile insurance, notice or process in any action Qir proceed ing in Alberta against it or its insured arising out of a motor vehide accident in Alberta may be effe!ctuaUy served upon the insurer or the insured, or upon both of them, by lea ving three copies of the notice ,or proceslS with the Superintendent of Insurance, but if the insurer is not a party to the action or proceeding the person who leaves with 'the Superintendent :tJhe coplies of 'the notice or process shall at the same time Ileave witlh him a written tStatement signed by the person who 'issued or 'caused to be issued the notice or proeelss and staJting the full name and address of the insurer against whose insured the action or proceeding is taken.

(6) Upon receipt of notice or process under :subsection (5) the Superintendent of Insurance shall forthwith mail two copies thereof, by registered mail, :to the insurer at its addres!s last kn'Own to him.

(7) In any action or proceeding 'against an insurer who has given to the Superintendent 'Of Insurance 'an under taking under subsection (4), 'Cllause (b), subdause (ii), the 1

plwintiff . may give evidence IOf :bhe undertaking, and the ?nder,taklng shaH, for all pu~oses 'Of the a,ction or proceed Ing, be deemed to be a ,covenant for valuable consideration made by the insurer with the plaintiff.

(8) If an insurer that has filed the documents described ,in subsection (4) def'aults thereunder, 'certificates of the insurer shaU not there,after be accepted as proof 'Of financial re,sponsibility so. l'Ong as such default 'continues, and the Registrar shall f'Orthwi,th notify the Superintendent of Insurance and the proper offi.cers ,in ,charge 'Of the regis tration 'Of motor vehicles 'and the licensing 'Of drivers in all provinoes of Oanadta and in 'all states, territories or districts in the United States, where the ee'fltificates of the insurer are a.ccepted as proof 'Of financia'l re,spol1Js,ibil'ity, 'Of such default. 251.

(1) Whe're a person is insured under a policy of the type commonly known as "a garage and sales agency policy" whereby he is insured again~st liability, to no lesser Emits and matters as specified in Pa:r1t 7 'Of The Alberta Insurance A,et, the insurer who. issues the policy shall (a) 'at the time 'Of issue thereof, issue and deliver to the named insured a financia:l responsibHity card, and (

b) on request by the insured, issue and deliver to him an additional .card, which Ishall be a copy of the f,inancial responsibility card delivered 'to the in sured, for any person wh'O is authorized to drive the motor vehicle owned by the insured or in his charge.

(2) A finanCJial responsibility card issued under this

section shall be in a form approved by the SUp'erintende~t of Insurance and shall be signed in handwriting and III ink, w,ith his normal signature, by the person for whose use the card or additional eard is issued, and the card shall bear the number of the operator's lieence held by him as at the date on which the card is issued. Offences and Penalties 25.2. (1 ) The 'Operator of a motor vehicle sihall, UPO? the request of a pealce officer, produce a financial responsl biHty card for that vehide. 8

(2) Where the motor vehide is being operated (

a) with number plates issued pursuant to

section 39, or (

b) by an appraiser who has custody of the vehicle for t1he purpose 'Of appra.is1al, 'Or (

c) by 'a mechanic who has 'Cus;tody 'Of the vehicle for the purpose of repairs, or

(

d) by ~he propdetor 'Of or 'an employee of a service statIon who has, 'On behalf 'Of ifue service station the Icustody 'Of a m'Otor vehicle in rbhe course of service stati'On huS:iness duti'es relating to the vehicle, the peace officer shall give rbhe operator of the vehic:le reasonable time within which to produce the financial re sP'Onsibility oavd.

(3) Where a newly acquired motor vehicle 'is being opevated with number pl'ates issued to another motor ve hicle pursuant to sectiDn 32, subsection (3), and if the operaitor of the vehicle produces (

a) proof 'Of the purchase, within the immediatelly pre ceding 14 days 'Of the newly 'acquired vehicle, and (

b) a finanda:l responsibility card for the vehicle to which the number plates ,are issued, the peace officer IshaN give the opeTator of the vehicle reasonable time within which to produce a financial re sponsibility card for the newly acquired vehicle.

(4) The operator of a motor vehicle wh'O fails to produce a financial responsibility card as required by subsection (1), (2) or (3) lis guilty 'Of an offence 'and is liable on

summary conviction to a fine of not more than $5.

(5) The operator of a motor vehicle who, when requested to prDduce a financial responslibility card as required by this seetion, (

a) produces a falSie flinancial responsibility card, or (

b) produces a financial responsibility card relating to an insurance policy which is invalid at the time of production is guilty of an offence.

(6) This

section does not apply with respeot to a motor vehkle that is registered in a country, state, territory or province other than Alberta or to a motor vehicle owned by the Crown or to a motor vehicle registered as an antique motor vehicle. 253.

(1) A person who (

a) applies for the registration of a motor vehicle when it is not an insured motor vehicle, 'Or (

b) obtains the registration of a motor vehicle when it is not an insured motor vehicle, or (

c) fails to maintain his vehicle as an insured motor vehicle is guilty 'Of an offence.

(2) A regisitered 'Owner of a motor vehicle that is not an insured motor v~hide who 9

(a) 'Operates that motor vehicle 'On a highway, or (

b) has ona highway that mot1or vehicle, or (

c) permits any other person to operate that motor vehicle IOn a 'highway, 'Or (

d) permits 'any 'Other person to have thaIt motor vehicle on a highway is guilty of an 'offence.

(3) A person who (a) 'Operates a motor vehicle that is not an insured motor vehicle on a highway, 'Or (

b) has on a highway a motor vehicle that is not an insured m'Otor vehicle is guilty 'Of an 'Offence. ( 4) Where the registration 'of a motor vehiele is sus pended under this Act it is stHI a registered motor vehicle for the purposes of thi,s section. 254. A person who (

a) produces to a peace officer a financial responsibil ity card purporting to be issued pursuant to this Part or

Part 7 of The Alberta Insurance Act when such is not the case, or (

b) fails to deliver to the Registrar for cancellation as required by

section 248, subsection (4) a financial responsibility card or any additional card issued to him, or (

c) gives or loans to a person not entitled to have the same a financial responsibility card or additional card is guilty of an offence. 255.

(1) A corporation that is guilty of an offence under

section 253 'Or

section 254 is liable on

summary con viction (

a) for a first offence, to a fine of not less than $1000 and not more than $2500, and (

b) for a second and subsequent offences, to a fine of not less than $1500 and not more than $3000.

(2) A person, other than a corporation, who is guilty of an offence under

section 252, subsection (5),

section 253 or

section 254 is liable on

summary conviction (

a) for a first offence, to a fine 'Of not less than $250 and not more than $1000, and (

b) for a second and subsequent offences, to a fine of not less than $500 and not more than $1250 and in default of payment to imprisonment for a term not exceeding 90 days. 10

(3) Upon the conviction of a person or a corporation of a second or subsequent offence under

section 252 subsection (5),

section 253 or

section 254 the Minister ~ay in his discretion, (

a) suspend the operator's licence of the convicted person, (

b) require the licence plates in respect of every motor vehicle owned by the convicted person to be returned to him, and (

c) require the convicted person to file with him proof of finanacial responsibility in a form and in an amount satisfactory to him or either one of them. Miscella neous 256. A person who contravenes any provision of

Part 2 for which no penalty is prescribed, is guilty of an offence and liable on

summary .conviction to a f;ine of not more than $1,000 or in default of payment to imprisonment for a term not exceeding 90 days. 257. A person who contravenes any provision of this Part for which no penalty is expressly provided is guilty of an offence and is liable on

summary conviction to a fine of not less than $50 and not more than $250, and in default of payment to imprisonment for a term not exceeding 30 days. 258. In a prosecution under this Pa~t, the onus is on the accused person to prove that his motor vehicle was at all relevant times an insured motor vehicle and where he is required to produce a financial responsibility card, the onus is on the accused person to prove that he held subsisting insurance at the time he was required to produce the finan cial responsibility card. 5. This Act comes into force on April 1, 1972. 11

11 Title: 1971 (16th, 4th) Bill 114,

An Act to amend The Highway Traffic Act (No. 2)

Document details

Collection	Alberta — Bills
Citation	L16 S4 4951
Type	bill
Volume / chapter	L16 S4 4951
Language	en
Format	json
Source	PROVINCIAL
Identifier	87bb267c7b82862bf9af2906b5f0094988069130

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