Third

Session, 45th General Assembly

Elizabeth II, 2006

BILL 30

AN ACT TO AMEND THE

HIGHWAY TRAFFIC ACT

Received and Read the First Time ...................................................................................................

Second Reading .................................................................................................................................

Committee ............................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE

DIANNE WHALEN

Minister

of Government Services

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

Clause 1 of the Bill would amend the Highway Traffic Act

section 2 definition

of "taxi".

Clause 2 of the Bill would repeal and

replace subsection 11(8) of the Act respecting a 30 day grace period for

vehicle registration when payment for that registration is made at a bank. The amendment would allow the grace period to

be set by regulation.

Clause 3 of the Bill would amend

paragraph 16(2)(

b) of the Act to allow the registrar to issue one identification

plate only per vehicle for most vehicles. This would be in keeping with the

actual practice of the Registrar of Motor Vehicles.

Clause 4 of the Bill would add to

subsection 45(6) of the Act to more clearly state that the registrar may

require an on road driving test to ensure that licence applicants or those

seeking a reissue of a licence are capable of safely driving on the highway.

Clause 5 of the Bill would repeal and

replace subsection 47(3) of the Act respecting a 30 day grace period for

licensing when payment for that licence is made at a bank. The amendment would allow the grace period to

be set by regulation.

Clause 6 of the Bill would allow the

making of regulations with respect to the insurance requirements of vehicles

that transport children to and from school and school related activities under

a contract with a school board.

Clause 7 of the Bill would add a

proposed

section 162.1 to the Act. This

section would require persons carrying out road repair, construction or causing

an obstruction to place warning signs or flag persons on highway sections that

are being worked upon or obstructed.

Clause 8 of the Bill would amend

section

174.1 of the Act to enable nurse practitioners to report on the medical condition

and ability of a person with respect to driving.

Clause 9 of the Bill would amend

section 178 of the Act to enable nurse practitioners to certify that a person

is unable to wear a seatbelt.

Clause 10 of the Bill would amend the

regulation making

section 186 of the Act to allow the making of regulations

respecting differing classes and categories of licence. In addition, the grace

period for licence and registration renewal would be set by regulation. This

would apply where payment is made for these at a bank. Clause 9 of the Bill would

also add to

section 186 of the Act a paragraph (f.1) to allow the making of

regulations respecting the audit of car dealers.

Clause 11 of the Bill would amend

subsection 195(3) of the Act to change a reference to the adoption of Canadian

Medical Association standards to the adoption of Canadian Council of Motor

Transport Administration Standards.

Clause 12 of the Bill would amend

section 195.1 of the Act to require notification of the registrar, within 10

days, where a vehicle is determined to be non repairable or salvage.

Clause 13 of the Bill would amend

subsection 205.1(5) of the Act to make it an offence to possess or display a

false identification card.

Clause 14 of the Bill would amend the

schedule of offences of the Act to add the description of the offence referred

to in clauses 11 and 12.

Clause 15 is a commencement clause

for the proposed amendment at clauses 2 and 5. This would ensure that these amendments are not

proclaimed until regulations are in place to deal with their subject.

A BILL

AN ACT TO AMEND THE HIGHWAY

TRAFFIC ACT

Analysis

S.2 Amdt.

Definitions

S.11 Amdt.

Application for registration

S.16 Amdt.

Registrar to register vehicle

S.45 Amdt.

Application for licence

S.47 Amdt.

Expiry of licence

S.77 Amdt.

Insuring ambulances etc.

S.162.1 Added

Warning markers

S.174.1 Amdt.

Report of medical practitioner

9. S. 178 Amdt.

Seat belts

S.186 Amdt.

Regulations

S.195 Amdt.

Regulations respecting equipment

S.195.1 Amdt.

Non-repairable or salvage vehicles

S.205.1 Amdt.

Identification card

Sch. Amdt.

15. Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cH-3

as amended

1. Paragraph 2(qqq) of the Highway Traffic Act is repealed and the following substituted:

(qqq) "taxi" means a motor vehicle used to

transport passengers for compensation other than

(

i) a bus or a school bus used to transport passengers

for compensation, and

(ii) another motor vehicle not referred to in

subparagraph (

i) that only transports children to and from school and school

related activities under a contract with a school board for that purpose;

2. Subsection 11(8) of the Act is repealed and the

following substituted:

(8) Where a person pays the prescribed fee for

registration at a bank the registration is considered to be valid for the time

period that may be established by regulation.

3. Paragraph 16(2) (

b) of the Act is repealed and

the following substituted:

(

b) one identification plate in respect of a

trailer, motor cycle or a vehicle owned by a dealer and one or more

identification plates, that the registrar may determine, for other vehicles and

identification plates shall be distinctive and numbered in the manner the

registrar may determine;

4. Paragraph 45(6)(

c) of the Act is amended by

adding immediately after the word "written", a comma and the words "road

driving".

5. Subsection 47(3) of the Act is repealed and the

following substituted:

(3) Notwithstanding subsections (1) and (2), where

a person pays the prescribed fee for a driver's licence at a bank the driver's

licence is considered to be valid for the time period that may be established

by regulation.

(1) Section 77 of the Act is amended by adding

immediately after paragraph (

a) the following:

(a.1) the coverage by insurance of motor vehicles

which are contracted to school boards in the province for the transportation of

students to and from school and school related activities;

(2) Paragraph 77(

b) of the Act is amended by

adding immediately after the brackets and letter "(a)", a comma and

the brackets and figures "(a.1)".

7. The Act is amended by adding immediately after

section 162 the following:

Warning markers

162.1 Where

work is carried out on a highway or an activity is conducted that obstructs all

or a part of the travel lane of a highway, the person responsible for carrying

out that work or causing that obstruction shall ensure that

(

a) warning signs or other markers; or

(

b) persons with a flag or sign,

are used to control the movement of

traffic around that work or obstruction and to warn persons of the

section of

highway that is being worked upon or is obstructed.

(1) Subsection 174.1(1) of the Act is amended

by adding immediately after the words " Medical

Act ", the words "or a nurse practitioner as defined in the Registered Nurses Act ".

(2) Subsection 174.1(2) of the Act is amended by

adding immediately after the word "practitioner" the words "or a

nurse practitioner".

9. Paragraph 178(5)(

b) of the Act is repealed and

the following substituted:

(

b) a person who holds a certificate signed by a

medical practitioner licensed under the Medical

Act or a nurse practitioner as defined in the Registered Nurses Act certifying that the person is

(

i) for the period stated in the certificate,

unable for medical reasons to wear a seat belt assembly, or

(ii) because of size, build or other physical

characteristic, unable to wear a seat belt assembly;

(1) Paragraph 186(

d) of the Act is repealed and

the following substituted:

(c.1) respecting the requirement for and issuing of

different classes of licence for differing categories of vehicle or use of a

vehicle;

(

d) establishing a time period for which a

driver's licence or registration of a motor vehicle may be considered valid

after the date of payment of a prescribed fee for that licence or registration

at a bank and circumstances under which that time period may be varied;

(2) Section 186 of the Act is amended by adding

immediately after paragraph (

f) the following:

(f.1) respecting the audit of dealers in order to

regulate, account for and ascertain inventories of licence plates and stickers

issued to those dealers and to audit temporary registrations and the accounts

respecting money collected for those registrations;

11. Subsection 195(3) of the Act is amended by

deleting the words "Canadian Medical Association" and substituting

the words "Canadian Council of Motor Transport Administrators".

Section 195.1 of the Act is amended by deleting

the words "as soon as practicable" and substituting the words "within

10 calendar days".

13. Subsection 205.1(5) of the Act is repealed and

the following substituted:

(5) A person who

(

a) alters, defaces or otherwise changes an

identification card issued under this section;

(

b) gives a false or fictitious name or gives a

false or fictitious address or other false or fictitious information in an

application for an identification card issued under this section; or

(

c) displays, permits to be displayed or possesses

an identification card which purports to be issued under this

section but is

fictitious or which was issued under this

section but has been defaced, altered

or cancelled,

is guilty of an offence and liable on

summary conviction to a fine described in the Schedule.

(1) The

Schedule to the Act is amended by

adding immediately after the row starting with a reference to subsection 187(5)

the following:

195.1

Notification

of non repairable or salvage vehicle

3 days

1 day

(2) The

Schedule to the Act is amended by deleting

the words in the Offence column after the reference to subsection 205.1(5) and

substituting the words "Alteration of identification card, false name or

address on or possessing false or defaced identification card".

Commencement

15. Sections 2 and 5 of this Act shall come into

force on a date to be proclaimed by the Lieutenant-Governor in Council.

Earl G. Tucker, Queen's Printer