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Bill 109, Highway Traffic Amendment Act (Helmets), 2004

Levac, Dave

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Acts affected

Original

Bill 109 2018

Act to amend the Highway Traffic Act

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

1. (1) Subsections

104 (2.1) and (2.2) of the Highway Traffic Act , as

enacted by the Statutes of Ontario, 1993,

chapter 18,

section 1, are repealed

and the following substituted:

Helmets,

vehicles powered by muscular power

(2.1) No person shall ride on or operate a

bicycle, scooter, skateboard or other vehicle powered by muscular power, except

a wheelchair, on a highway unless the person is wearing a helmet that complies

with the regulations and the chin strap of the helmet is securely fastened

under the chin.

Duty

of parent or guardian

(2.2) No parent or guardian of a person

under 16 years of age shall authorize or knowingly permit that person to ride

on or operate a bicycle, scooter, skateboard or other vehicle powered by

muscular power, except a wheelchair, on a highway unless the person is wearing

a helmet as required by subsection (2.1).

Helmet,

in-line skates

(2.3) No person shall in-line skate or

roller-skate on a highway unless the person is wearing a helmet that complies

with the regulations and the chin strap of the helmet is securely fastened

under the chin.

Duty

of parent or guardian

(2.4) No parent or guardian of a person

under 16 years of age shall authorize or knowingly permit that person to

in-line skate or roller-skate on a highway unless the person is wearing a

helmet as required by subsection (2.3).

Requirement

to provide identification

(2.5) A

police officer who finds any person contravening subsection (2.1) or (2.3) may

require that person to stop and to provide identification of himself or

herself.

Same

(2.6) Every person who

is required to stop, by a police officer acting under subsection (2.5), shall

stop and identify himself or herself to the police officer.

Same

(2.7) For

the purposes of this section, giving one’s correct name and address is

sufficient identification.

Same

(2.8) A

police officer may arrest without warrant any person who does not comply with

subsection (2.6).

(2) Clause 104 (3) (

c) of the Act, as

enacted by the Statutes of Ontario, 1993,

chapter 18,

section 1, is repealed.

Commencement

2. This

Act comes into force on the day it receives Royal Assent.

Short

title

3. The

short title of this Act is the Highway Traffic Amendment

Act (Helmets), 2004 .

EXPLANATORY

NOTE

The

Bill amends the Highway Traffic Act to make it an

offence for any person to use a skateboard, a scooter, in-line skates or roller

skates on a highway without wearing a helmet. Parents and guardians of a

person under the age of 16 years are also guilty of an offence if they

authorize or knowingly permit the person to contravene this restriction.

police officer may require a person to provide identification if the police

officer finds the person contravening the restriction.

The

authority to make regulations to exempt persons from the requirement to wear

helmets is repealed.

Date Bill stage Activity Committee

June 22, 2004

First Reading

Carried

Debates and Progress

First Reading

June

22, 2004

Second Reading

Committee

Third Reading

Royal Assent :

Coming into force :Royal Assent.

Acts Affected: Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-Laws .

Highway Traffic Act

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