Bill 201 — First Session, 20Th Legislature, 32 Elizabeth Ii the Legislative Assembly of Alberta Bill 201 An Act To Amend the Motor Vehicle Administration Act Mrs. Cripp^ (Legislature 20, Session 1)

L20 S1 3735

Alberta — Bills

1983 BILL 201 First Session, 20th Legislature, 32 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 201

AN ACT TO AMEND THE MOTOR VEHICLE ADMINISTRATION ACT MRS. CRIPP^ First Reading Second Reading Committee of the Whole Third Reading Royal Assent

Bill 201 Mrs. Cripps BILL 201 1983

AN ACT TO AMEND THE MOTOR VEHICLE ADMINISTRATION ACT (Assented to , 1983) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1 The Motor Vehicle Administration Act is amended by this Act. 2 The following is added after

section HI: 111.1(1) When a person is found guilty of an offence (

a) under sections 234, 234.1, 235 or 236 of the Criminal Code (Canada), or (

b) under any other

section of the Criminal Code (Canada) and the judge finds that the evidence presented would also have been sufficent to convict the person under sections 234, 234.1, 235 or 236 of the Criminal Code (Canada), had the person also been charged under any of those sections, and at the time of the offence he had previously been convicted, anywhere in Canada, at any time in the previous 5 years, of an offence under

section 234, 234.1, 235 or 236 of the Criminal Code (Canada), the judge hearing the case may order that the vehicle being driven by that person at the time of the offence shall be seized and impounded for such time not exceeding 1 year as the judge may order, or that it shall be seized and sold.

(2) The proceeds of a sale pursuant to this

section shall belong to the Govemment.

(3) Where a motor vehicle is seized and sold pursuant to an order made under subsection (1), the certificate of registration and the licence plates issued in respect of that vehicle shall also be seized and shall be cancelled.

Explanatory Notes 1 This Bill will amend

chapter M-22 of the Revised Statutes of Alberta 1980. 2 New

section will enable a judge to order the seizure of the vehicle involved operated by a person who has 2 convictions for dmnken driving within 5 years.

(4) Notwithstanding subsection (1), if the convicted person v/as not the registered owner or 1 of the joint registered owners of the motor vehicle at the time the offence was committed (

a) the registered owner may apply to the judge for the pro visions of subsections (1), (2) or (3) to be waived, and (

b) the judge, if he is of the opinion that the registered owner's application is a proper case for relief and that the motor vehicle was not primarily provided for the private use of the convicted person, may waive the provisions of sub sections (1), (2) or (3). In accordance with

section 4(1) of the

Interpretation Act. this Bill comes into force on the date it receives Royal Assent. Title: 1983 (20th, 1st) Bill 201,

An Act to Amend the Motor Vehicle Administration Act

Document details

Collection	Alberta — Bills
Citation	L20 S1 3735
Type	bill
Volume / chapter	L20 S1 3735
Language	en
Format	json
Source	PROVINCIAL
Identifier	af211e28fcd3cb0edcbb1c6eecb58825b9fcfd55

Source file is stored in the law ingest library (json).