Road Safety Act, 2002 Klees, Hon. Frank Minister of Transportation — Bill 241 (37th Parliament, 3rd Session)

Bill 241, 37-3

Ontario — Bills

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Bill 241, Road Safety Act, 2002

Klees, Hon. Frank Minister of Transportation

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[37] Bill 241 Original (PDF)

Bill 241 2002

An Act to enhance

safety and mobility

on Ontario's roads

Her Majesty, by and with the advice and consent of the Legislative

Assembly of the Province of Ontario, enacts as follows:

Highway Traffic Act

1. (1) Subsection 16 (1) of the Highway

Traffic Act , as amended by the Statutes of Ontario, 1994,

chapter 27,

section 138, 1996,

chapter 33,

section 1 and 2002,

chapter 18,

Schedule P,

section 3, is amended by adding the following definition:

"other prescribed vehicle" means a vehicle, other than a commercial motor

vehicle, belonging to a class of vehicles prescribed under clause 22 (1) (b);

("autre véhicule prescrit")

(2) Subsection 16 (2) of the Act, as amended by the

Statutes of Ontario, 2002,

chapter 18,

Schedule P,

section 3, is amended by

striking out "a commercial motor vehicle" and substituting "a commercial

motor vehicle or other prescribed vehicle".

(3) Subsection 16 (3) of the Act, as amended by the

Statutes of Ontario, 2002,

chapter 18,

Schedule P,

section 3, is amended by

striking out "Every driver of a commercial motor vehicle" at the beginning

and substituting "Every driver of a commercial motor vehicle or other

prescribed vehicle".

(4) Subsection 16 (4) of the Act is amended by striking

out "Every driver of a commercial motor vehicle" at the beginning and

substituting "Every driver of a commercial motor vehicle or other prescribed

vehicle".

(5) Subsection 16 (6) of the Act is amended by striking

out "A commercial motor vehicle" at the beginning and substituting "A

commercial motor vehicle or other prescribed vehicle".

(6) Subsection 16 (7) of the Act is repealed and the

following substituted:

Substitution for CVOR certificate

(7) For a commercial motor vehicle or other prescribed vehicle

for which an Ontario permit is not in force, which bears number plates from

another province or a state of the United States of America and which is

registered in another province or state of the United States of America, the

motor vehicle permit may be substituted for a CVOR certificate for the

purposes of subsections (2) and (3) if the operator of the vehicle is not the

holder of a CVOR certificate.

2. (1) Subsection 17 (2) of the Act, as

re-enacted by the Statutes of Ontario, 1996,

chapter 33,

section 2, is

amended by striking out "that the applicant will not operate a commercial

motor vehicle safely or in accordance with this Act, the regulations and

other laws relating to highway safety" at the end and substituting "that the

applicant will not operate a commercial motor vehicle or other prescribed

vehicle safely or in accordance with this Act, the regulations and other laws

relating to highway safety".

(2) Clause 17 (3) (

c) of the Act, as enacted by the

Statutes of Ontario, 1996,

chapter 33,

section 2, is repealed and the

following substituted:

(

c) a person who the Registrar has reason to believe, having regard to the

person's safety record and any other information that the Registrar considers

relevant, will not operate a commercial motor vehicle or other prescribed

vehicle safely or in accordance with this Act, the regulations and other laws

relating to highway safety.

3. Subsection 18 (2) of the Act, as enacted by the

Statutes of Ontario, 1996,

chapter 33,

section 4, is repealed and the

following substituted:

Same

(2) Every holder of a CVOR certificate shall notify the

Registrar of any change in the holder's commercial motor vehicle or other

prescribed vehicle fleet size or in the total distance travelled by the fleet

in a specified period, in accordance with the regulations.

Section 19 of the Act, as re-enacted by the Statutes

of Ontario, 2002,

chapter 18,

Schedule P,

section 6, is amended by striking

out "applicable to a commercial motor vehicle" and substituting "applicable

to a commercial motor vehicle or other prescribed vehicle".

5. (1) Subsection 20 (1) of the Act, as

amended by the Statutes of Ontario, 2002,

chapter 18,

Schedule P,

section 7,

is amended by striking out "a commercial motor vehicle" and substituting "a

commercial motor vehicle or other prescribed vehicle".

(2) Subsection 20 (2) of the Act is amended by striking

out "a commercial motor vehicle" in the portion before clause (

a) and

substituting "a commercial motor vehicle or other prescribed

vehicle".

(3) Section 20 of the Act, as amended by the Statutes

of Ontario, 1999,

chapter 12,

Schedule R,

section 7 and 2002,

chapter 18,

Schedule P,

section 7, is amended by adding the following

subsection:

Vehicle detained, permits seized for operating without

an operating licence

(2.1) A member of the Ontario Provincial Police or an officer

appointed for carrying out the provisions of this Act who has reason to

believe that a public vehicle is being operated in contravention of clause 2

(1) (

a) of the Public Vehicles Act may,

(

a) detain the vehicle at any location that is reasonable in the

circumstances; and

(

b) seize the permits and number plates for the vehicle,

until the vehicle can be moved without a contravention of clause 2 (1) (

a) of that Act occurring.

(4) Subsection 20 (3) of the Act is amended by striking

out "subsection (2)" and substituting "subsection (2) or (2.1)".

(5) Subsection 20 (4) of the Act is amended by striking

out "subsection (2)" and substituting "subsection (2) or (2.1)".

(6) Subsection 20 (5) of the Act, as amended by the

Statutes of Ontario, 1999,

chapter 12,

Schedule R,

section 7, is repealed and

the following substituted:

Court application

(5) The person entitled to possession of a vehicle that is

detained or the permits or plates of which are seized under subsection (2) or

(2.1) may apply to the Superior Court of Justice for an order that the

vehicle be released or the permits and plates returned, as the case may

be.

6. Subsection 22 (1) of the Act, as amended by the

Statutes of Ontario, 1996,

chapter 33,

section 6 and 2002,

chapter 18,

Schedule P,

section 9, is amended by adding the following

clause:

(

b) prescribing classes of vehicles, other than commercial motor vehicles,

for which a CVOR certificate is required;

Section 40 of the Act is repealed and the following

substituted:

Agreements with reciprocating jurisdictions

(1) The Minister, with the

approval of the Lieutenant Governor in Council, may enter into a reciprocal

agreement with the government of any province or territory of Canada or any

state of the United States of America providing for,

(

a) the sanctioning by the licensing jurisdiction of drivers from that

jurisdiction who commit offences in the other jurisdiction;

(

b) the suspension by the licensing jurisdiction of the driver's licence

of a person who fails to pay a fine, penalty or costs imposed on the person

upon being convicted under a prescribed provision enacted by the

reciprocating jurisdiction; and

(

c) on a driver's change of residence, the issuance of a driver's licence

by one jurisdiction in exchange for a driver's licence issued by the other

jurisdiction.

Effect of agreement

(2) The provisions of this Act and the regulations are subject

to any agreement made under subsection (1).

Regulations

(3) The Lieutenant Governor in Council may make

regulations,

(

a) prescribing provisions of reciprocating jurisdictions for the purposes

of clause (1) (b);

(

b) respecting any matter that the Lieutenant Governor in Council

considers necessary or advisable to carry out the intent and purpose of this

section.

8. (1) Clause 47 (1) (

f) of the Act, as

re-enacted by the Statutes of Ontario, 1996,

chapter 33,

section 7, is

repealed and the following substituted:

(

f) the Registrar having reason to believe, having regard to the safety

record of the holder or of a person related to the holder, and any other

information that the Registrar considers relevant, that the holder will not

operate a commercial motor vehicle or other prescribed vehicle safely or in

accordance with this Act, the regulations and other laws relating to highway

safety; or

(2) Subsection 47 (2) of the Act, as amended by the

Statutes of Ontario, 1996,

chapter 33,

section 7, is amended by striking out

"the number of commercial motor vehicles that may be operated" and

substituting "the number of commercial motor vehicles and other prescribed

vehicles that may be operated".

(3) Clause 47 (8) (

a) of the Act is amended by striking

out "a commercial motor vehicle" and substituting "a commercial motor vehicle

or other prescribed vehicle".

(4) Clause 47 (8) (

b) of the Act, as amended by the

Statutes of Ontario, 1996,

chapter 33,

section 7, is amended by striking out

"a commercial motor vehicle" and substituting "a commercial motor vehicle or

other prescribed vehicle".

(5) Subsection 47 (9) of the Act, as re-enacted by the

Statutes of Ontario, 1996,

chapter 33,

section 7 and amended by 2001,

chapter

9,

Schedule O,

section 4, is repealed and the following

substituted:

Definitions

(9) For the purposes of this

section and

section 47.1,

"commercial motor vehicle", "operator", "other prescribed vehicle" and

"safety record" have the same meanings as in subsection 16 (1).

( "véhicule utilitaire", "utilisateur", "autre véhicule

prescrit ", "fiche de sécurité")

(1) Subsection 47.1 (1.1) of the Act, as

enacted by the Statutes of Ontario, 2001,

chapter 9,

Schedule O,

section 5,

is amended by striking out "may not operate a commercial motor vehicle

safely" and substituting "may not operate a commercial motor vehicle or other

prescribed vehicle safely".

(2) Subsection 47.1 (4) of the Act, as re-enacted by

the Statutes of Ontario, 2001,

chapter 9,

Schedule O,

section 5, is amended

by striking out "transfer or lease any commercial motor vehicle or trailer"

and substituting "transfer or lease any commercial motor vehicle, other

prescribed vehicle or trailer".

10. (1) Subsections 73 (2) and (3) of the

Act are repealed and the following substituted:

Window tinting prohibited

(2) No person shall drive on a highway a motor vehicle with a

windshield or any window made of coloured glass or coated with any colour

spray, colour coating, glazing material or reflective material except in

accordance with the regulations.

(2) Section 73 of the Act is amended by adding the

following subsections:

Regulations

(5) The Lieutenant Governor in Council may make

regulations,

(

a) exempting any class of persons or motor vehicles from any provision of

this

section or of a regulation made under this section, and prescribing

conditions or circumstances for any such exemptions;

(

b) prescribing the types, specifications, standards and levels of

coloured glass, colour spray, colour coating, glazing material or reflective

material that are permitted;

(

c) prescribing procedures for examining or inspecting windshields and

windows of motor vehicles to determine compliance with this

section and

approving measuring devices for that purpose.

Same

(6) A regulation made under clause (5) (

b) may prescribe

different types, specifications, standards and levels of coloured glass,

colour spray, colour coating, glazing material or reflective material for

different classes of persons and motor vehicles.

11. Subsections 85 (1) and (2) of the Act are repealed

and the following substituted:

Prohibition where evidence of inspection required

(1) No person shall drive or permit to be driven on a highway a

vehicle of a type or class that is prescribed by the regulations made under

section 87, unless the vehicle displays, affixed in the place and manner

prescribed in the regulations, a device issued by the Ministry as evidence

that the inspection procedures and requirements and the performance standar

Document details

Collection	Ontario — Bills
Citation	Bill 241, 37-3
Type	bill
Volume / chapter	p37 s3 bill 241 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	8c36abaa4dc12d95a78bc45caf026f9d3f240c41

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