Second Session,

48th General Assembly

66 Elizabeth II,

BILL 27

AN ACT TO AMEND THE HIGHWAY

TRAFFIC ACT NO. 2

Received

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

Second

Reading ............................................................................................

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

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE SHERRY

GAMBIN-WALSH

Minister of Service

Newfoundland and Labrador

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This

Bill would amend the Highway Traffic Act

to strengthen road safety in the province.

The

Bill would

add a new offence and associated

penalties, including a licence suspension, for performing stunts while driving;

add a separate offence and new penalties,

including a licence suspension, for driving in excess of 50 kilometres an hour

over the speed limit;

add a new offence and associated

penalties, including a licence suspension and a term of imprisonment, for

driving without due care and attention or without reasonable consideration for

other persons and thereby causing death or bodily harm to any other person;

add a licence suspension as a

new penalty where a peace officer has reasonable grounds to believe that a person

is racing on a highway;

increase the fines for driving

without due care and attention or without reasonable consideration for other

persons;

require a driver to reduce his

or her speed to at least 30 kilometres an hour less than the speed limit or

where the speed limit is less than 60 kilometres an hour, to a speed of not

greater than 30 kilometres an hour when approaching an emergency vehicle or a

designated vehicle that is stopped in a lane or on the edge or along the shoulder

of the roadway;

allow a registered owner to be

liable for penalties where any driver of the owner's vehicle does not take the

safety precautions required by the Act when approaching an emergency vehicle or

a designated vehicle that is stopped in a lane or on the edge or along the shoulder

of the roadway;

add regulation making authority

to allow the seizure and impoundment of a vehicle where a peace officer has

reason to believe that a person is operating a vehicle in excess of 50

kilometres an hour over the speed limit, while racing or while performing a

stunt;

require an insurance policy

which is produced at a police station after a request for it is made to be in

force at the time of the request;

place the onus on the person who

is charged with an offence to prove that there was a policy of insurance in

force at the time of the offence;

clarify that certain

suspensions are imposed by operation of the Act and not by a decision of the registrar;

and

add an appeal procedure for certain

90 day licence suspensions under the Act.

A BILL

AN ACT TO AMEND

THE HIGHWAY TRAFFIC ACT NO. 2

Analysis

S.2 Amdt.

Definitions

S.60.03 Amdt.

Periods of suspension

Ss.60.6 to 60.9 Added

60.6 Appeal of 90 day

suspension

60.7 Oral hearings

60.8 Decision of registrar

60.9 Appeals generally

S.75 Amdt.

Uninsured vehicle

S.75.1 Amdt.

Excluded driver provision

S.110 Amdt.

Imprudent driving

S.110.01 Added

Driving causing death or bodily harm

S.110.1 Amdt.

Speed limit in a construction zone

S.110.2 Amdt.

School zone

S.110.3 Added

Suspension for speeding 51 km/hr and over

S.121.1 Amdt.

Stopped emergency or designated vehicle

S.168 Amdt.

Racing on highways

S.168.1 Added

Performing stunts

S.186 Amdt.

Regulations

S.210 Amdt.

Liability of owner for penalties

Sch. Amdt.

Transitional

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cH-3

as amended

Section 2 of the Highway Traffic Act is amended by adding immediately after

paragraph (

e) the following:

(e.1) "bodily harm" means any hurt or

injury to a person that interferes with the health or comfort of the person and

that is more than merely transient or trifling in nature;

2. Subsections 60.03(3) to (5) of the Act are

repealed and the following substituted:

(3) Upon a request being made under subsection

60.01(1), (5) or (7) or

section 60.02, whether or not the novice driver or the

novice driver who has care or control of a motor vehicle surrenders his or her

drivers licence to the peace officer, his or her drivers licence or driving

privileges shall be considered to be suspended for a period of

(a) 2 months for the first occasion upon which a

request is made under subsection 60.01(1), (5) or (7) or

section 60.02;

(b) 4 months for the second occasion upon which a

request is made under subsection 60.01(1), (5) or (7) or

section 60.02; and

(c) 6 months for a subsequent occasion upon which

a request is made under subsection 60.01(1), (5) or (7) or

section 60.02

and, following the expiry of a suspension

under paragraphs (a), (

b) or (c), he or she may apply to the registrar to have

his or her drivers licence reinstated commencing at the start of the level and

class of drivers licence held by him or her at the time when his or her driver's

licence was suspended subject to a fee and in accordance with conditions and

requirements which the registrar may impose upon the licence.

(4) Notwithstanding subsection (3), where a novice

driver or novice driver who has care or control of a motor vehicle fails or

refuses to provide a sample of his or her breath or the analysis under

subsection 60.01(1) or (5) indicates that the proportion of alcohol in his or

her blood is 80 milligrams or more of alcohol in 100 millilitres of blood, his

or her licence or driving privileges shall be suspended for a period of 90 days

and the procedure for reinstatement set out in subsection (3) applies.

(5) Notwithstanding subsection (3), upon a request

being made under

section 60.02, whether or not the novice driver or novice

driver who has care or control of the motor vehicle surrenders his or her

driver's licence to the peace officer, his or her driver's licence or driving

privileges shall be suspended for a period of 90 days where he or she fails or

refuses to comply with a demand made under

section 254 of the Criminal Code , and the procedure for

reinstatement set out in subsection (3) applies.

3. The Act is amended by adding immediately after

section 60.5 the following:

Appeal of 90 day

suspension

60.6

(1) A

person whose driver's licence or driving privileges have been suspended for 90

days under

section 60.03, 60.04 or 60.5 may appeal the suspension to the registrar

where he or she

(

a) is not the same person to whom a demand for a

sample of his or her breath or blood was made; or

(

b) failed or refused to comply with a demand for

a sample of his or her breath or blood because he or she was unable to do so

for medical reasons.

(2) A person who wishes to appeal a suspension under

subsection (1) shall submit his or her appeal in the prescribed form to the registrar

in writing within 30 days of the day the peace officer requested the person to

surrender his or her driver's licence.

(3) An appeal submitted under subsection (1) shall

indicate whether the appeal shall be heard orally or in writing.

(4) Where the appeal indicates that the hearing

shall be held in writing, the registrar shall, in writing,

(

a) confirm receipt of the appeal; and

(

b) specify the deadline before which the person

shall submit documents or evidence supporting his or her appeal.

(5) Where the appeal indicates that the hearing

shall be held orally, the registrar shall, in writing,

(

a) confirm receipt of the appeal;

(

b) specify the deadline before which the person

shall submit documents or evidence supporting his or her appeal; and

(

c) specify the date on which the hearing will

take place.

(6) Where a person appeals a suspension under

paragraph (1)(b), he or she shall submit written evidence signed by a medical

practitioner licensed to practise medicine under the Medical Act, 2011 , a registered nurse or nurse practitioner licensed

to practise nursing under the Registered

Nurses Act, 2008 or a respiratory therapist with general status registered

under the Health Professions Act to

support his or her appeal before the deadline for submitting documents and

evidence specified by the registrar.

(7) The registrar may extend the deadline for

submitting documents and evidence to support an appeal by a maximum of 30 days.

(8) A person shall request an extension under

subsection (7) in writing to the registrar at least 7 days before the deadline for

submitting documents and evidence specified by the registrar under paragraph

(4)(

b) or (5)(b).

(9) An appeal shall be heard within 30 days after

the deadline for submitting documents and evidence.

Oral hearings

60.7

(1) A

person who submits an appeal under

section 60.6 may be represented at an oral

hearing of that appeal either personally or by legal counsel.

(2) The registrar is not required to hold an oral

hearing unless an oral hearing is requested in the appeal submitted under subsection

60.6(2) and the appeal is under one of the grounds set out in subsection

60.6(1).

(3) Notwithstanding a request for an oral hearing,

the registrar may order that the suspension be set aside on the basis of documents

or evidence submitted without holding an oral hearing.

Decision of registrar

60.8

(1) The registrar shall confirm or set aside the suspension

and provide reasons for his or her decision in writing within 15 business days after

the hearing.

(2) The registrar may confirm a suspension

appealed under paragraph 60.6(1)(

b) where the person does not provide evidence

under subsection 60.6(6) before the deadline specified by the registrar.

(3) Where a suspension is set aside after an

appeal, the registrar shall reinstate the person's driver's licence or driving

privileges, subject to any other suspension under this Act.

(4) The decision of the registrar under subsection

(1) is final and binding.

Appeals generally

60.9

(1) A

suspension continues to apply notwithstanding the submission of an appeal under

section 60.6.

(2) The registrar may appoint a person employed in

the division to carry out the duties and functions of the registrar under sections

60.6 to 60.8.

4. (1) Subsection 75(3) of the Act is

repealed and the following substituted:

(3) The production of a policy that was in force

at the time a request was made under subsection (2) at a police station within

48 hours after the request is made is considered to be sufficient production of

proof of a policy.

(2) Section 75 of the Act is amended by adding

immediately after subsection (7) the following:

(8) In a prosecution for an offence under this section,

the onus is on the person charged with the offence to show

that a policy of insurance was in force in respect of the motor vehicle at the

time of the offence.

5. Subsection 75.1(3) of the Act is repealed and

the following substituted:

(3) Subsections 75(3) to (6.1) and (8) apply, with

the necessary changes, to an excluded driver under this section.

6. Subsections 110(3) and (4) of the Act are repealed

and the following substituted:

(3) A person commits an offence who, contrary to

subsection (2),

(

a) exceeds the speed limit by between 1 and 10

kilometres an hour;

(

b) exceeds the speed limit by between 11 and 20

kilometres an hour;

(

c) exceeds the speed limit by between 21 and 30

kilometres an hour;

(

d) exceeds the speed limit by between 31 and 50

kilometres an hour; or

(

e) exceeds the speed limit by 51 kilometres an

hour and over.

(4) Where a person who has been convicted of an

offence under subsection (3) is convicted within a period of 2 years of another

offence under subsection (3), the new offence shall be considered a second or

subsequent offence for the purpose of the imposition of a penalty.

7. The Act is amended by adding immediately after

section 110 the following:

Driving causing

death or bodily harm

110.01 A

person who drives a vehicle on a highway or in another place without due care

and attention or without reasonable consideration for other persons contrary to

paragraph 110(1)(

b) or (

c) and thereby causes death or bodily harm to any other

person is guilty of an offence and is liable to one or more of the following

penalties:

(

a) a fine set out in the Schedule;

(

b) imprisonment for a term of not more than 2

years; or

(

c) a suspension of his or her driver's licence

for a maximum of 5 years.

8. Subsections 110.1(4) and (5) of the Act are repealed

and the following substituted:

(4) A person commits an offence who, contrary to

subsection (1) or (2),

(

a) exceeds the speed limit by between 1 and 10

kilometres an hour;

(

b) exceeds the speed limit by between 11 and 20

kilometres an hour;

(

c) exceeds the speed limit by between 21 and 30

kilometres an hour;

(

d) exceeds the speed limit by between 31 and 50

kilometres an hour; or

(

e) exceeds the speed limit by 51 kilometres an

hour and over.

(5) Where a person who has been convicted of an

offence under subsection (4) is convicted within a period of 2 years of another

offence under subsection (4), the new offence shall be considered a second or

subsequent offence for the purpose of the imposition of a penalty.

9. Subsections 110.2(4) and (5) of the Act are repealed

and the following substituted:

(4) A person commits an offence who, contrary to

subsection (1),

(

a) exceeds the speed limit by between 1 and 10

kilometres an hour;

(

b) exceeds the speed limit by between 11 and 20

kilometres an hour;

(

c) exceeds the speed limit by between 21 and 30

kilometres an hour;

(

d) exceeds the speed limit by between 31 and 50

kilometres an hour; or

(

e) exceeds the speed limit by 51 kilometres an

hour and over.

(5) Where a person who has been convicted of an

offence under subsection (4) is convicted within a period of 2 years of another

offence under subsection (4), the new offence shall be considered a second offence

or subsequent offence for the purpose of the imposition of a penalty.

10. The Act is amended by adding immediately after

section 110.2 the following:

Suspension for

speeding 51 km/hr and over

110.3

(1) Where a

peace officer has reasonable grounds to believe that a person has committed an

offence under paragraph 110(3)(e), 110.1(4)(

e) or 110.2(4)(e), the peace

officer shall give the person a notice of suspension.

(2) Upon the notice of suspension being given under

subsection (1), the person's drivers licence or driving privileges are suspended

for a period of 7 days beginning on the second day after the notice of suspension

is given.

(1) Paragraph 121.1(2)(

a) of the Act is

repealed and the following substituted:

(

a) reduce the speed of the vehicle to a speed that

is at least 30 kilometres an hour less than the speed limit and, where necessary,

stop;

(2) Section 121.1 of the Act is amended by adding

immediately after subsection (2) the following:

(2.1) Notwithstanding paragraph (2)(a), where the

speed limit is less than 60 kilometres an hour, the driver shall reduce the

speed of the vehicle to a speed not greater than 30 kilometres an hour.

Section 168 of the Act is amended by

renumbering it as subsection 168(1) and adding immediately after that

subsection the following:

(2) Where a peace officer has reasonable grounds to

believe that a person has committed an offence under this section, the peace

officer shall give the person a notice of suspension.

(3) Upon the notice of suspension being given

under subsection (2), the person's drivers licence or driving privileges are

suspended for a period of 7 days beginning on the second day after the notice

of suspension is given.

13. The Act is amended by adding immediately after

section 168 the following:

Performing stunts

168.1

(1) A

person shall not drive a motor vehicle on a highway while performing or

engaging in a stunt or activity that is likely to distract, startle or interfere

with users of the highway.

(2) Where a peace officer has reasonable grounds to

believe that a person has committed an offence under this section, the peace

officer shall give the person a notice of suspension.

(3) Upon the notice of suspension being given

under subsection (2), the person's drivers licence or driving privileges are

suspended for a period of 7 days beginning on the second day after the notice

of suspension is given.

14. Subsection 186(1) of the Act is amended by

deleting the word "and" at the end of paragraph (i.2) and adding

immediately after paragraph (i.2) the following:

(i.3) providing for the seizure and impoundment of

motor vehicles by a peace officer where the officer has reason to believe that

a person who was operating a vehicle contravened paragraph 110(3)(e),

110.1(4)(e), 110.2(4)(e), subsection 168(1) or 168.1(1), and in particular,

(

i) enabling the peace officer to delay seizing

the vehicle in certain circumstances,

(ii) providing for the release of a stolen vehicle,

(iii) requiring that a notice of seizure be given to

the driver and sent to the registrar and the owner of the vehicle, and

prescribing the timing and form of this notice,

(iv) prescribing the period of impoundment,

(

v) prescribing the circumstances under which an

owner may apply for the early release of a vehicle,

(vi) providing for an appeal of a decision on an

application for early release of a vehicle,

(vii) prescribing the fees to be paid in relation to

the impoundment and release of the vehicle, and

(viii) prescribing the types of fees and charges that

shall be a lien on the impounded vehicle, the priority of those liens and how

those liens may be enforced, including the sale or other disposal of the

vehicle by the garage operator who takes and stores the seized and impounded

vehicle or by the registrar, which sale or other disposal may vary according to

the value of the vehicle; and

15. Subsection 210(1.1) of the Act is repealed and

the following substituted:

(1.1) Notwithstanding subsection (1), where

subsection 110.1(4), 110.2(4), 121.1(2) or 137(1) has been violated, the owner

of the motor vehicle to which that violation applies may be held responsible

for that violation and may incur a penalty that arises from that violation.

(1) The

Schedule to the Act is amended by

deleting the rows starting with a reference to paragraphs 110(1)(

b) and

110(1)(

c) and substituting the following:

110(1)(

b) Driving without due care and attention

Second offence

Subsequent offence

6 days

8 days

16 days

3 days

4 days

5 days

110(1)(

c) Driving without reasonable consideration for other persons

Second offence

Subsequent offence

6 days

8 days

16 days

3 days

4 days

5 days

(2) The

Schedule to the Act is amended by deleting

the row starting with a reference to paragraph 110(3)(

d) and substituting the

following:

110(3)(

d) Exceeding the speed limit by between 31 and 50 kilometres an hour

Second offence

Subsequent offence

15 days

20 days

25 days

6 days

8 days

10 days

110(3)(

e) Exceeding the speed limit by 51 kilometres an hour and over

Second offence

Subsequent offence

15 days

20 days

25 days

6 days

8 days

10 days

110.01

Driving without due care and attention or reasonable

consideration for others causing death or bodily harm

180 days

60 days

(3) The

Schedule to the Act is amended by deleting

the row starting with a reference to paragraph 110.1(4)(

d) and substituting the

following:

110.1(4)(

d) Exceeding the speed limit by between 31 and 50 kilometres an hour

Second offence

Subsequent offence

15 days

20 days

25 days

6 days

8 days

10 days

110.1(4)(

e) Exceeding the speed limit by 51 kilometres an hour and over

Second offence

Subsequent offence

15 days

20 days

25 days

6 days

8 days

10 days

(4) The

Schedule to the Act is amended by deleting

the row starting with a reference to paragraph 110.2(4)(

d) and substituting the

following:

110.2(4)(

d) Exceeding the speed limit by between 31 and 50 kilometres an hour

Second offence

Subsequent offence

15 days

20 days

25 days

6 days

8 days

10 days

110.2(4)(

e) Exceeding the speed limit by 51 kilometres an hour and over

Second offence

Subsequent offence

15 days

20 days

25 days

6 days

8 days

10 days

(5) The

Schedule to the Act is amended by deleting

the row starting with a reference to

section 168 and substituting the following:

168(1)

Racing vehicles or

bicycles on highways

30 days

4 days

168.1(1)

Performing or engaging

in stunt while driving

30 days

4 days

Transitional

17. Where a person is requested to surrender his or

her driver's licence to a peace officer after this Act receives Royal Assent but

before

section 3 comes into force and his or her licence is suspended for 90

days under

section 60.03, 60.04 or 60.5 as a result of that request, he or she

may appeal the suspension as though

section 3 came into force on the day this

Act receives Royal Assent.

Commencement

(1) This Act, with the exception of

sections 2 and 3, comes into force 6 months after the day on which it receives

Royal Assent.

(2) Section

3 comes into force 30 days after the day on which this Act receives Royal

Assent.

Queen's Printer