TRAFFIC SAFETY 1 BILL No. 176

An Act to amend The Traffic Safety Act (Assented to ) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows:

Short title This Act may be cited as The Traffic Safety Amendment Act, 2014 (No.2). S.S. 2004, c.T-18.1 amended The Traffic Safety Act is amended in the manner set forth in this Act. New

section 280.1 The following

section is added after

section 280: “Driver’s licence suspended 280.1(1) In this

section and in clause 287(1)(bbbb.4): (a) ‘commercial vehicle’ means a prescribed vehicle; (b) ‘driver’ means the operator of a commercial vehicle.

(2) In the prescribed circumstances, if a peace officer seizes and impounds a commercial vehicle pursuant to

section 280: (

a) the peace officer shall immediately: (

i) suspend the driver from driving a motor vehicle; (ii) if the driver is the holder of a driver’s licence or any other permit authorizing the driver to drive a motor vehicle, require the driver to immediately surrender his or her driver’s licence or permit; and (iii) issue and serve a notice of suspension on the driver; and (

b) on being required to do so pursuant to subclause (a)(ii), the driver shall immediately surrender his or her driver’s licence or permit to the peace officer.

(3) If a driver is served with a notice of suspension pursuant to this section, the driver is suspended from driving a motor vehicle for a period of consecutive hours. TRAFFIC SAFETY 2 2

(4) If a peace officer suspends the driver’s licence of a driver pursuant to this section, the peace officer shall: (

a) keep a written record of the driver’s licence suspended by the peace officer; (

b) provide the driver whose driver’s licence is suspended with a written statement, in the prescribed form, of the time from which the suspension takes effect; (

c) if the driver surrenders his or her driver’s licence, give the driver a receipt for the driver’s licence; and (

d) promptly send the driver’s licence of the driver to the administrator.

(5) A driver’s licence surrendered pursuant to subsection (4) must be returned to the driver by ordinary mail at the address shown on the licence unless the driver calls for the driver’s licence in person.

(6) A driver whose driver’s licence is suspended pursuant to this

section may, in the prescribed circumstances, apply to the board for a review of the suspension.

(7) An application for review pursuant to subsection (6) must: (

a) be in the prescribed form and manner; and (

b) be accompanied by the prescribed fee.

(8) A review pursuant to subsection (6) must be conducted in the prescribed manner.

(9) An application for review pursuant to subsection (6) does not stay the suspension”.

Section amended The following subclause is added after subclause 287(1)(bbbb.3): “(bbbb.4) for the purposes of

section 280.1: (

i) prescribing the circumstances in which a driver’s licence is to be suspended; (ii) prescribing the circumstances in which a driver whose driver’s licence has been suspended may apply to the board for a review of the suspension; (iii) prescribing the form and manner of an application for a review to the board; (iv) prescribing the fee for a review; (

v) prescribing the powers of the board on a review; (vi) prescribing or limiting the matters the board must consider on a review”. Coming into force This Act comes into force on April 30, 2015. Printed under the authority of The Speaker of the Legislative Assembly of Saskatchewan 2014