Bill 230 — Second Session, 18Th Legislature, 25 Elizabeth Ii the Legislative Assembly of Alberta Bill 230 An' Act To J:Lmend the Motor Vehic.Le' Iadministration Act (Legislature 18, Session 2)

L18 S2 5689

Alberta — Bills

1976 Bill 230 Second Session, 18th Legislature, 25 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 230 AN' ACT TO J:lMEND THE MOTOR VEHIC.LE' IADMINISTRATION ACT MR. ApPLEBY First Reading .................... , ......... . Second Reading ............................ . Third Reading .. ".,.: .......................... . PrInted by the Queen's Printer for the Province of Alberta, EDMONTON

Bill 230 Mr. Appleby BILL 230 1976

AN ACT TO 'AMEN'D THE MOTOIR VEHICLE' IAD'MIN,ISTRATION ACT (Assented to , 1976) HER MAJESTY, by and with the advice and cons'ent of the Legislative Assembly of Alberta, enacts as follows: 1. The Motor Vehicle Administration Act is hereby amended.

Section 112 is struck out and the following is sub stituted therefor:

(1) Where a person is convicted under

section 234, 235, 236 or 238, subsection (3) of the Criminal Code, the convicting judge may order that the vehicle being driven at the time the offence was committed be impounded for a period of not less than 30 days and not more than 90 days.

(2) Where a person (

a) is convicted under

section 234, 235, 236 or 238, sub section (3) of the Criminal Code, and (

b) has, at any time before been convicted under sec tion 234, 235, 236 or 2,38, subsection (3) of the Criminal Code anywhere in Canada, the convicting judge may order that the vehicle being driven at the time the offence was committed be impounded ~or a period of not less than six months and not more than twelve months.

(3) Where a person (

a) is convicted under

section 234, 235, 236 or 238, subsection (3) of the Criminal Code, and (

b) has, on more than one previous occasion, been con victed under

section 234, 235, 236 or 238, subsec tion (3) of the Criminal Code anywhere in Canada, the convicting judge may order that the vehicle being driven at the time the offence was committed be forfeit to the Crown and be sold at public auction and the net pro ceeds thereof be transferred to the General Revenue Fund.

Explanatory Notes I. Amends

chapter 68, 1975 Statutes. 2. Provides that if a person is convicted of driving while im paired, refusing a breath test, driving with more than 80 mg. alco hol per 10.0 ml. blood or driving while disqualified the vehicle may be impounded for 30-60 days on the first conviction, 6-12 months on the second and forfeit and sold on subsequent convictions.

( 4) Notwithstanding anything in this section, if the con victed person was not the registered owner or one of the j oint registered owners of the motor vehicle at the time the offence was committed (

a) the registered owner may apply to the judge for the provisions of subsection (1), (2) and (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 is not primarily provided for the private use of the convicted person, may waive the provisions of subsections (1), (2) and (3).

(5) The regist~ar may suspend the registration of a motor veh~cle impounded pursuant to this

section during the period for which it is impounded. 3. This Act comes into force on the day upon which it is assented to. 2

3. Commencement. 2 Title: 1976 (18th, 2nd) Bill 230,

An Act to Amend The Motor Vehicle Administration Act

Document details

Collection	Alberta — Bills
Citation	L18 S2 5689
Type	bill
Volume / chapter	L18 S2 5689
Language	en
Format	json
Source	PROVINCIAL
Identifier	b5fb72a08e6c280e7f11035b00ea2a3ff8171af9

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