Bill 53 — Fourth Session, 16Th Legislature, 20 '8Tlzabcht Ii the Lef}Islative Assembly of Alberta Bill 53 An Act To Amend the Highway Traffic Act (No.1) (Legislature 16, Session 4)

L16 S4 4891

Alberta — Bills

1971 Bill 53 Fourth Session, 16th Legislature, 20 '8tlzabcHt II THE LEf}ISLATIVE ASSEMBLY OF ALBERTA BILL 53

An Act to amend The Highway Traffic Act (No.1) THE MINISTER OF HIGHWAYS AND TRANSPORT First Reading .............................. . Second Reading Third Reading ............................. . Printed by L. S. Wall, Queen's Printer, Edmonton

BILL 53 1971

AN ACT TO AMEND THE HIGHWAY TRAFFIC ACT (NO.1) (Assented to , 1971) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1. The Highway Traffic Act is hereby amended.

Section 2 is amended (

a) by striking out clauses 1 and 2 and by substituting the following: 1. "air cushion vehicle" means a vehicle designed to derive support in the atmosphere primarily from reactions against the earth's surface re sulting from the expulsion of air from the vehicle; 2. "alley" means a narrow highway intended chiefly to give access to the rear of buildings and parcels of land; (

b) by adding the following clause after clause 3: 3.1 "boulevard" means, in an urban area, that part of a highway that (

i) is not roadway, and (ii) is that part of the sidewalk that is not especially adapted to the use of or ordin arily used by, pedestrians; (

c) by adding the following clause after clause 4: 4.1 "commercial vehicle" (

i) means a truck, trailer or semi-trailer, ex cept (

A) a truck, trailer or semi-trailer that is a public service vehicle, or (

B) a truck, trailer or semi-trailer or any class of vehicle that by the regulations or by an order of the Highway Traffic Board is exempted from being classi fied as a commercial vehicle, and

Explanatory Notes I. This Bill amends

chapter 169 of the Revised Statutes of Alber,ta 1970. 2. Additions and amendments tD the definition

section (

a) defini,tion of air cushion vehicle is new (

c) definition of commel"lcial vehicle included to eliminate reference to The Public Service Vehicles Act (

d) snow vehicles with wheel attachments excluded from the scope 'Of the definition of a motor cycle, (

e) definition of public service vehicle included to eliminate reference to The Public Service Vehicles Act.

(ii) includes (

A) a motor vehicle from which sales are made of goods, wares, merchandise or commodity, and (

B) a motor vehicle by means of which delivery is made of goods, wares, merchandise or commodity to a pur chaser or consignee thereof; (

d) as to clause 14 by adding after the words "power bicycles" the words "but does not include a snow vehicle as defined in The Snow Vehicles Act or a vehicle of like nature where wheels have been at tached thereto", (

e) by adding the following clause after clause 24: 24.1 "public service vehicle" (

i) means a motor vehicle, trailer or semi trailer operated on a highway by or on behalf of a person, firm, association or corporation for compensation, whether such operation is regular or only occasional or for a single trip, and (ii) includes a motor vehicle kept by a person, firm or corporation for the purpose, sub ject to the regulations, of being rented without a driver, but (iii) does not include a motor vehicle used solely as an ambulance or hearse or for the transportation of the Royal Mail;

Section 6, subsection (1) is amended by adding after clause (

b) the following clause: (b.

l) classify operators' licences into categories for the purpose of controlling the use of licences according to the qualifications of the driver,

Section 18 is amended as to clause (

c) by adding after the word "illegible" the word ", altered".

Section 27, subsection (3) is amended by striking out the words "(as defined in The Public Service Vehicles Act)".

Section 81 is amended by st10iking out subsection (1) and by substituting the following: 31.

(1) This

section applies only to the registration of commercial vehicles and public service vehicles. 2

3. Classified operators' licences authorized.

Section 18 (

c) presently reads: 18. No person shall ((~) use an illegible or defaced operator's licence. a. Consequential to amendments to

section 2. 6. Reference to The Public Service Vehicles Act deleted due to amendments to

section 2. 2

Section 43, subsection (1) is amended by adding after the words "No person shall" the words "park or".

Section 57 is amended as to clause (

b) by adding after the words "red flag" the words "which shall be not less than 12 inches square".

Section 62 is amended (

a) as to subsection (1) by striking out the words "new motor vehicle" and by substituting the words "motor vehicle or trailer", (

b) by striking out subsection (2) and by sUbstituting the following:

(2) No person s,hall (

a) operate a motor vehicle, or (

b) pull a trailer, equipped with lamps or mechanical signal devices to indicate an intention to turn the vehicle or trailer unless the lamps or device show to the front and rear of the vehicle and to the rear of the trailer and otherwise comply with the requirements of this section.

Section 64 is atnended by adding after subsection (2) the following subsection:

(3) No person shall use a spot light carried upon a motor vehicle, whether such motor vehicle is in motion or not, in such a manner as to create a hazard to users of the highway.

Section 72, subsection (2) is struck out and the fol lowing is substituted:

(2) Where the view afforded by the mirror required under subsection (1) is obstructed or interfered with in any man ner, a side rear vision mirror shall be attached to each side of the motor vehicle and shall be placed in such a position as to afford the driver a clear view of the roadway to the rear and to each side of the motor vehicle.

Section 80 is amended by adding after subsection (3) the following subsection:

(4) No person shall, without the approval of the Minister, sell or offer for sale any device capable of detecting or inter fering with radar or such other electronic equipment as may be used from time to time for measuring the speed of vehicles. 3

7. This amendment makes it illegal to park as well as to drive an unlicensed vehicle on a highway.

Section 43 (1) presently reads: 43.

(1) No person shall operate a motor vehicle, other than a motor cycle, upon a highway unless (

a) one ,of the licence plates is firmly attached to the front of the vehicle, and (

b) the other licence plate is firmly attached to the rear of the vehicle in such a position that the lower edge of the plate is not lower than the axle. 8. This amendment prescribes a minimum size warning flag for over-hanging loads. 9. Turn signals. Trailers added and subsection (1) made app licable to all motor vehicles.

Section 62, subsections (1) and (2) presently read: 62.

(1) No person shall sell a new motor vehicle unless it is equipped with lamps or mechanical signal devices that comply with the require ments of this

section and that show to the front and rear for the purpose of indicating an intention to turn either to the right or left.

(2) No person shall operate a motor vehicle equipped with lamps or mechanical signal devices to indicate an intention to turn the vehicle unless the lamps or device show to the front and rear of the vehicle and otherwise comply with the requirements of this section. 10. Hazardous use of spot lights. II. The amendment widens the provisons to cover obstructions caused by such things as loads being carried in or on the motor vehicle. 12. Radar detectors. Sale as well as use prohibited. 3

Section 90 is anwnded (

a) by striking out the words "and pedestrian" wher ever they appear in subsections (2), (3) and (4), (

b) by striking out the words "or pedestrian" in sub section (5).

Section 114 is amended (

a) by striking out subsection (1) and by substituting the following: 114.

(1) On a laned highway when a traffic lane is marked by a traffic control device showing a di rectional arrow or arrows with or without accom panying words a driver travelling in that lane may make only the movement indicated or permitted by the traffic control device at the intersection or other place to which the traffic control device applies. (

b) as to subsection (3), clause (

a) by striking out the word "and" at the end of the clause and by sub stituting the word "or".

Section 118 is anwnded by striking out subsection (2) and by sUbstituting the following:

(2) A driver intending to turn left across the path of any vehicle approaching from the opposite direction, shall not make or attempt to make the left turn, unless the turn can be completed in safety.

Section 137 is amended by striking out clause (

c) and by substituting the following: (

c) within an intersection other than immediately next to the curb in a "T" intersection, or

Section 148, subsection (3) is amended by adding after the word "skis" the words ",motor cycle, scooter, power bicycle". 18. The following

section is added after

section 148: 148.1 No person shall operate an air cushion vehicle on, along or across a highway.

Section 150 is amended by adding after subsection (3) the following subsection:

(4) When a person litters a highway from a motor vehicle other than a bus and it cannot be determined which of two or more occupants of the motor vehicle is responsible, the driver of the motor vehicle shall be deemed to be the person littering the highway. 4

13. Pedestrian rules moved to

Part 9. 14. Directional arrows.

Section 114(1) presently reads: 114.

(1) On a laned highway when a traffic lane is marked by a traffic ('ontrol device (

a) showing a directional arrow or arrows without any accompanying words, or (

b) showing a dirpctional arr9w or arrows in combination with the words "turn left" or "turn right", a driver travelling in that lane may make only the movement indicated by the traffic control device at the intersection or other place to which the traffic control device applies. 15. Left turns. 16. Parking in "T" intersection permitted. 17. Prohibition against towing certain things.

Section 148(3) presently reads: 4

(3) No person shall draw or tow by a motor vehicle on a highway any person riding a sled, toboggan, skis or bicycle. 18. Air cushion vehicles. 19. Driver presumed to be Utterer.

Section 164, subsection (4) is amended by striking out clause (

b) and by substituting the following: (

b) shall keep both feet on the footrests provided for the use of the passenger riding on the seat. 21. The following sections are added after

section 180: 180.1 Where all or any of the lights of a traffic control signal are not operating properly or are not operating at all, every pedestrian shall use the highway in the vicinity of the traffic control signal with caution. 180.2

(1) N otwithsanding anything in this Part~ every pedestrian shall obey the directions of any peace officer directing traffic.

(2) Notwithstanding anything in this Part, when (

a) a flagman is stationed, or (

b) a barricade or sign is erected upon a highway to direct traffic in connection with any con struction, repair or other work upon the highway or upon land adjacent to the highway, every pedestrian shall obey the directions given by the flagman or, if none, by the barricade or signs.

Section 184 is amended by adding after the words "furnish such information respecting" the words "the driver or".

Section 189 is amended by striking out subsection (6) and by substituting the following:

(6) Where the peace officer or district engineer on reasonable and probable grounds believes that the vehicle referred to in subsection (1) is worthless he may cause t~e vehicle to be moved directly to a nuisance ground for dIS posal.

(6.1) No liability atta,ches to a person (

a) making the sale of a vehicle pursuant to subsection (4), or (

b) disposing of a vehicle pursuant to subsection (6) and that person passes good title therefor as against the former owner or anyone claiming through him.

Section 196 is amended by striking out the words "is liable to" and by substituting the words "shall pay" wher evertheyocc1lrin,c:wb.~ections (2). (3), (4) and (5). 5

Section 164(4) presently reads as follows:

(4) A person who is riding as a passenger ,on a cycle (

a) shall not ride other than upon a regular seat of thf' cycle intend ed for a passenger, and (

b) shall keep (

i) both hands on the handgrips, and (ii) both feet on the footrests, provided for the use of the passenger riding on the seat. 21. These sections were formerly part of

section 90 relating to the application of rules of the road. They have been moved to

Part 9 which deals specifically with pedestrians. 22. Peace officer may require information about the driver as well as the vehicle.

Section 184 presently reads: 184. Every driver shall, immediately he is signalled or requested to stop by a peace officer in unif,orm, bring his vehicle to a stop and furnish such information respecting the vehicle as the peace officer requires and shall not start his vehicle until such time as he is permitted to do so by the peace officer. 23. This provision would eliminate ,the necessity of storing a worthless wreck. 24. This amendment ensures that there is no discretion as to the amount of the fines payable for the various speeding offences. 5

Section 20.~ is amended by adding after the words "referred to in

section 204, subsection (1)," the words ,csection 206 or

section 208,".

Section 205 is struck out and the following

section 1$ substituted: 205. When a person who is temporarily within Alberta and licensed to drive by the law of the place at which he is a resident is convicted of an offence under any of the pro visions mentioned in

section 204, subsection (1), the judge making the conviction may by order prohibit that person from driving in Alberta for any period not exceeding three months, which shaH be stated in the order.

Section 206, subsection (5), clause (

b) is amended by striking out the words "at any time before" and by sub stituting the words "at any time within 10 years of the date of the offence for which such conviction was entered".

Section 215, subsection (3) is amended by striking out the words "Lieutenant Governor in Council" and b'Y substituting the word "Minister". 29. The following

section is added after

section 215 and before the heading preceding

section 216: 215.1 The Minister may authorize the Registrar (

a) to cause any document, class of documents or copies of documents filed in his office under this Act to be photographed on microfilm, and (

b) thereafter to destroy the document or documents or copies or dispose of them in accordance with his direction, and the microfilm for the purposes of this Act shall be the original documents or copies and is admissible in evidence in any court of law in like manner and for all purposes as are the documents so photographed.

Section 216 is amended by striking out the words "within the meaning of The Public Service Vehides Act". 6

Section 225 is amended (

a) by striking out the word "and" at the end of clause (a) , (

b) by adding the word "and" at the end of clause (b), (

c) by adding the following clause after clause (b):

25 This amendment -adds convictions for various Criminal Code violaiions related to motor vehicle operations to those which must be reported to the Minister.

Section 203 presently reads: 203. Where a person is convicted of an offence referred to in

section 204 subsection (1), the judge before whom the person was convicted shall f,orward to the Minister with the conviction a

summary outlining the facts and circumstances of the offence and setting forth (

a) the full name, address and birth date and the operator's licence number of the person so -convicted, (

b) the licence number of the motor vehicle, (

c) the Act or by-law and

section thereof contravened, and (

d) the time the offence was committed. 26. Prohilbition against non-residents. Requirement of endorsing the licence is removed. 27.

Section 206 (5) reads as follows:

(5) Notwithstanding anything in this section, where a person (

a) is convicted under

section 222 or

section 224 of the Criminal Code anywhere in Canada, and (

b) has, at any time before, been convicted on two previous occasions of any offences under

section 222 .or

section 224 of the Criminal Code anywhere in Canada, the convicted person thereupon becomes disqualified from holding an operator's licence and any operator's licence held by the convicted person becomes suspended for a period of 36 months fvom the date of his conviction. The amendment will limit the application of the

section t'O where there have been two previous convicti'Ons within 10 years of the date when the current 'Offence was c'Ommitted. 28. Appointment 'Of testers. 29. Microfilm rec'Ords. 30. Consequential to the amendments to

section 2. 31. Indian bands to receive fines for 'Offences on reserves. 6

(

c) on a conviction for an offence occurring in an Indian reserve e,lsewhere than on a primary highway or on a road designated as a secon dary road under The Public Highways Develop ment Act, enures to the benefit of the hand and for the purposes of this dause the words "re serve and "band" have the meaning assigned to them in the Indian Act (Canada),

Section 226 is amended by adding the following sub

section after subsection (1):

(1.1) The Lieutenant Governor in CouncE may make regulations prescribing standards of performance of vehicles and vehicle components which must be met and maintained.

Section 227 is ame'nded (

a) as to clause 7 by adding after the words ~'operat ing characteristics" the words "or by reason of any alteration or modification from its original con struction by the manufacturer", (

b) by striking out clause 20 and by substituting the following: 20. establishing and implementing a demerit point system for drivers of motor vehicles based on convictions for offences therein specified and providing under the system for the suspension or cancellation of operators' licences; 3.~.

Section 245 is amended (

a) as to subsection (1) by striking out clause (

d) and by substitutiing the following: (

d) an offence under

section 191, 192, 193 or 207 of the Criminal Code committed by means of a motor vehicle or an offence under

section 221, 222, 223, 224 or 225 of the Criminal Code and the offence arose anywhere in Canada; (

b) as to subsection (4) by adding after the words "in any other province" the words "or any territory in Canada".

Section 255 is amended (

a) as to subsection (1 ) by striking out the 'Word "two-year" and by sUbstituting the word "three year", 7

32. Standards of performance. 33. Sec,tion 227, clauses 7 and 20 presently read: 22:1.

The Lieutenant Governor in Council may make such regulations as are necessary to carry out this Act according to its intent or to meet cases that arise and for which no provision is made by this Act, and without in any way restricting the g'enerality of the foregoing, may make regulations: 7. governing, restricting or prohibiting the use on any highway or highways of any vehicle or class of vehicles that, in the opinion of the Minister, may be a hazard to other users of the highway by reason of unusual or novel size, weight or operating char acteristics; 20. implementing a demerit point system for drivers of motor vehioles and providing under the system for the suspension or cancellation of operators' Ucenc€s; 34.

Suspension of operator's licence.

Section 245 (1) (

d) pre sently reads: 245.

(1) The Minister shall suspend the operator's licence of a person, or, if that person is not the holder of an operator's licence, shall not issue that person an operator's licence, if he, by order, judgment or conviction of a judge has been convicted of anyone of the following offences or contraventions of law, or if. having been arrested for any such offence or contravention, he has forfeited his bail, namely: (

d) an ,offence under the Criminal Code arising anywhere in Canada out of the operation of a motor vehicle; ( 3S. Abstracts of driving record.

Section 255, subsections (1), (3), 4) and (5) presently read: 25,5.

(1) Upon request, the Minister may, in his discretion, furnish to an lllsurer or surety a certified abstract of the driving record ()f any person COVering the two-year period immediately preceding the request or such greater period as the Minister, in his discreUon allows. I

(3) Upon the receipt of an application from a driver, the Minister may ssue an austract of the driver's record to the driver's employer or a prospective employer . .

(4) Upon request of a person, the Minister may, in his discretion. furn Ish a certified abstract of the driving record of the person to a barrister and solicitor. .

(5) Upon request, the Minister may, in his discretion, furnish to a paren~ or guard1an ,of any person requiring the signature of a pare~t, or gbuardlan on his licence application as provided in

section 7. a certIfIed ~ stract of the driving record of that person covering the two-year period ilmmedlately preceding the request or such greater period as the Minister, n his discretion, allows. 7

8 (

b) as to subsection (3) by adding after the wotds "prospective employer" the words "or to a barrister and solicitor on the driver's behalf", (

c) by striking out subsection (4.), (

d) as to subsection (5) by striking out the word "two year" and by substituting the word "three-year". 36. This Act cornes into force on July 1, 1971.

a Title: 1971 (16th, 4th) Bill 53,

An Act to amend The Highway Traffic Act (No. 1)

Document details

Collection	Alberta — Bills
Citation	L16 S4 4891
Type	bill
Volume / chapter	L16 S4 4891
Language	en
Format	json
Source	PROVINCIAL
Identifier	962af0e046e3e9d9fce0f7ecb3b4d693d826dbc2

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