Bill 5 — Fifth Session, 15Th Legislature, 15 Elizabeth Ii • ~ Legislative Assembly of Alberta Bill 5 An Act Respecting Vehicles and Highway Traffic (Legislature 15, Session 5)

L15 S5 1206

Alberta — Bills

1967 Bill 5 Fifth Session, 15th Legislature, 15 Elizabeth II • ~ LEGISLATIVE ASSEMBLY OF ALBERTA BILL 5

An Act respecting Vehicles and Highway Traffic THE MINISTER OF HIGHWAYS First time ................................................................... . Second time ................................................................ . Third' time ...................... .' .......................................... . Printed by L. S· Wall, Queen's Printer, Edmonton

BILL 5 1967

An Act respecting Vehicles and Highway Traffic (Assented to , 1967) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as The Highway Traffic Act. 2. In this Act, 1. "bicycle" includes any cycle propelled by human power upon which a person may ride, regardless of the number of wheels it may have; 2. "centre line" means (

i) the centre of a roadway measured from the curbs or, in the absence of curbs, from the edges of the roadwa~or (ii) in the case of a highway designated by traffic control devices (

A) as an offset centr,e highway, or (

B) as a highway having a certain number of traffic lanes for traffic moving in a cer tain direction at all times or at specified times, the line dividing the lanes for traffic moving in opposite directions, or (iii) in the case of a divided highway, that portion of the highway separating the roadways for traffic moving in opposite directions; 3. "crosswalk" means (

i) that part of a roadway at an intersection in cluded within the connection of the lateral line of the sidewalks on opposite sides of the high way measured from the curbs or, in the absence of curbs, from the edges of the roadway, or (ii) any part of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by signs or by line or by other mark ings on the road surface;

Explanatory Notes Generaol. This Bill repeals and replaces The Vehicles and High way Traffic Act (chapter 3,5!6 of the Revised Statutes). The main purposes of the Bill are: (

a) to consolidate all the amendments made to the Act over the last 10 years, and (

b) to standardize the Rules of the Road throughout the Prov ince by altering the present Rules to cover matters presently dealt with in different ways by the traffic by-laws of dif ferent municipalities. There are also other changes not related to the above. The

section references in the explanatory notes to the c-lauses of the Bill are to the equivalent provisions in the present Act. The Bill is divided into 15 Parts as follows:

PART 1 Operators' Licences 3-26 Requirement of Licence 3 Issue of Licences 4-12 Suspension of Licences 13-16 Use of Licences 17-26

PART 2 Registration of Motor Vehicles and Trailers 27-47 Requirement of Registration 27 Issue of Certificate of Registration 28-32 Use of Certificate of Registration 33-36 Licence Plates 37-47

PART 3 Equipment Required on Vehicles 48-80 Application of

Part 48 Headlamps 49- 1 55 Tail Lamp 56-58 Stop Lamps 5:9,60 Flashing Lights 61, 62 Other Lights 63-6:5 Brakes 6·6,67 Other Equipment 68-80

PART 4 Accidents 81-89

PART 5 Rules of the Road 90-139 Application 90-92 Speed 93-99 Driving on Right Side of Roadway 100-104 Following Other Vehicles 105 Overtaking and Passing 106-110 Turns 111-114 U-Turns 115, 11:6 Backing 117 Yielding and Stopping 118-128 Traffic Lights 129-131 Use of Headlights 132, 133 Parking 134-139

2 4. "daytime" means the period commencing one hour before sunrise and ending one hour after the fol lowing sunset; 5. "dealer" means any person who buys or sells motor vehicIes as a business, either as principal or agent; 6. "driver" or "operator" means a person who drives or is in actual physical control of a vehicle; 7.

"highway" means any thoroughfare, street, road, trail, avenue, parkway, driveway, viaduct, lane, alley, ~quare, bridge, causeway, trestleway or other place, whether publicly or privately owned, any part of which the public is ordinarily entitled or permitted to use for the passage or parking of vehicles, but does not include a place declared by the Lieutenant Governor in Council not to be a highway; 8. "implement of husbandry" means a vehicle designed and adapted exclusively for agricultural, horticul tural or livestock raising operations; 9.

"intersection" means the area embraced within the prolongation or connection of (

i) the lateral curb lines or, if none, (ii) the exterior edges of the roadways, of two or more highways which join one another at an angle whether or not one highway crosses the other; 10. "judge" means a judge, magistrate or justice of the peace; 11. "Minister" means the Minister of Highways; 12. "motor cycle" means a motor vehicle mounted on two or three wheels and includes those motor vehicles known to the trade as motor cycles, scooters and power bicycles; 13.

"motor vehicle" means every vehicle propelled by any power, other than muscular power, except air craft, tractors, whether equipped with rubber tires or not, implements of husbandry, and such motor vehicles as run only upon rails; 14. "municipality" means a city, town, village, county or municipal district; 15. "night time" means the period commencing one hour after sunset and ending one hour before the follow ing sunrise; 16. "operator's licence" means a licence to operate a motor vehicle issued pursuant to this Act; 17.

"owner" includes a.ny person renting a motor vehicle or having the exclusive use thereof under a lease or otherwise for a period of more than 30 days;

PART 6 Other Prohibitions 140-161

PART 7 Bicycles and Motor Cycles 162-167

PART 8 Animals 168-171

PART 9 Pedestrians 172.;.183

PART 10 Powers of Peace Officers 184-194

PART 11 Prosecutions 195-206

PART 12 Civil Rights and Remedies 207-211

PART 13 Miscellaneous 212-231 Appointment of Officials 212, 213 Powers of the Minister 214-,219 Municipal Powers 220-224 Regulations 225-228 . Agreements 229, 230 Duties of Deaolers 231-234 Examination of Vehicles 2~5 Driver Control Board 236-240

PART 14 Financial Responsibility of Owners and Drivers 241-258

PART 15 Financial Responsibility Cards 2'59-2165 2

18. "park", when prohibited, means the standing of a vehicle, whether occupied or not, except (

i) when standing temporarily for the purpose of and while actually engaged in loading or un loading, or (ii) in obedience to a peace officer or traffic control device; 19. "parking lane" means that portion of a highway between a solid yellow line marked on the roadway and the nearest outer edge of the roadway; 20. :'peace officer" means a member of the Royal Canadian Mounted Police, a member of a municipal police force, an inspector of the Inspection Service Branch of the Department of the Attorney General or a special constable; 21. "pedestrian" means a person afoot or a person in a wheel chair; 22.

"primary highway" means a highway designated as a primary highway pursuant to The Public High ways Development Act; 23. "Registrar" means the Registrar of the Motor Vehicle Branch of the Department of Highways and, for the purposes of signing a certificate as required in subsection (4) of

section 225 of the Criminal Code, a deputy Registrar; 24. "roadway" means that part of a highway intended for use by vehicular traffic; 25. "sidewalk" means that part of a highway primarily intended for the use of pedestrians and includes the part between the curb line or edge of the roadway and the adjacent property line, whether or not paved or improved; 26. "stop" means (

i) when required, a complete cessation from vehicular movement, and (ii) when prohibited, any halting even momen tarily of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the direc tions of a peace officer or traffic control device; 27. "traffic control device" means any sign, signal, marking or device placed, marked or erected under the authority of this Act for the purpose of regu lating, warning or guiding traffic; 28. t'traffic control signal" means a traffic control device, whether manually, electrically or mechani- 3

cally operated, by which traffic is directed to stop and to proceed; 29. "traffic lane" means (

i) outside an urban area, a longitudinal division of a roadway into a strip of sufficient width to accommodate the passage of a single line of vehicles but does not mean a parking lane, and (ii) inside an urban area, a longitudinal division of a roadway into a strip of sufficient width to accommodate the passage of a single line of vehicles, whether or not the division is indicated by lines on the road surface; 30.

"trailer" means a vehicle so designed that it may be attached to or drawn by a motor vehicle or tractor and intended to transport property or persons and includes any trailer that is designed, constructed and equipped as a dwelling place, living abode or sleeping place, either permanently or temporarily, but does not include road building machinery; 31. "urban area" means a city, town or village; 32. "vehicle" means a device in, upon or by which a person or thing may be transported or drawn upon a highway.

PART 1 OPERA TORSI LICENCES Requirement of Licence 3.

(1) No person shall drive a motor vehicle on a high way unless he is the holder of a sUbsisting operator's licence authorizing him to operate a motor vehicle of the type or class being operated by him. (2) Subsection (1) does not apply to a person who is undergoing a driver's examination conducted by an author ized driver examiner. (3) Subsection (1) does not apply to a person ordinarily rEsident outside Alberta 4 (

a) if he does not remain in Alberta for more than six months in any year, and (

b) if he is a.uthorized by the laws of his place of resi dence to operate a motor vehicle of the ty.pe or class being operated by him. (4) Subsection (1) does not apply to a person who (

a) holds an international driver's licence issued out side Canada, and (

b) does not remain in Alberta for more than 12 con secutive months.

3. When an operator's licence is required.

Section 16 (1, la, 3, 3a) and 139 (la, Ib) . 4

(5) Any person who operates a motor vehicle when he does not hold a subsisting operator's licence is guilty of an offence and liable on

summary conviction (

a) for a first offence to a fine of not more than $100 or to imprisonment for a term not exceeding 30 days or to both fine and imprisonment, and (

b) for any subsequent offence to a fine of not more than $500 or to imprisonment for a term not ex ceeding six months or to both fine and imprison ment.

(6) In a prosecution for a contravention of subsection (5) the onus is on the accused to show that he holds a sub sisting operator's licence. Issue of Licence 4.

(1) An application for an operator's licence shall be made to the Minister in such form and giving such particu lars as the Minister prescribes.

(2) Every person to whom an operator's licence has been issued shall, in his application for a subsequent licence, state that he has been so licensed, and no person who is the holder of a sUbsisting operator's licence shall apply for or obtain another operator's licence,except only (

a) for the purpose of obtaining a duplicate of a sub sisting licence that has been lost or destroyed or become worn out, or (

b) for the purpose of obtaining a replacement for an operator's licence that is about to expire.

(3) No person shall apply for or procure or attempt to procure the issuance of an operator's licence to himself (

a) during a period when his licence is cancelled or suspended, notwithstanding that the period for which the licence was issued has expired, or (

b) during a period when he is disqualified from holding a licence. 5.

(1) Upon receipt of an application for an operator's licence and the licence fe-e prescribed by the regulations, the Minister or the Registrar may (

a) in his discretion, but (

b) subject to the restrictions in this Act, issue or cause to be issued through a licence issuer an operator's licence as applied for and in the form prescribed by the regulations.

(2) Subject to the provisions of this Act as to suspension and cancellation, an operator's licence issued pursuant to this

Part is valid for the period prescribed by the regula tions. 5

4. Application for an operator's licence.

Section 4 (1), 21 (1) and 101. 5. Issue of operator's licence.

Section 5 (1) and 8. 5

(3) No liability att~ches to t?e C~own for a~y l?ss caused by incorrect informatIOn contaIned In an applIcatIon for an operator's licence, notwithstanding that the information may have been entered on the application form by some per son other than the applicant. 6. ( 1) The Minister may (

a) refuse to issue an operator's licence to a person unless he is satisfied by examination or otherwise of the physical and other competency of the appli cant to drive a motor vehicle without endangering the safety of the general public, (

b) cause special conditions to be stated upon an oper a tor's licence, (

c) require the holder of an operator's licence or an applicant for a licence to submit himself for a physical examination to such persons as the Min ister may designate, (

d) require the holder of an operator's licence or an applicant for a licence to submit himself for an examination as to his competency as a driver to a person designated by the Minister as an examiner, and (

e) from time to time by order prescribe as to the cases in which an examination as to competency as a driver may be dispensed with and the cases in which it may not be dispensed with.

(2) The Minister may pay for any medical examina tions requested by him pursuant to clause (

c) of subsection (1) such fee as he considers proper. 7.

(1) An operator's licence for a motor vehicle, other than a scooter or a power bicycle, shall not be issued to any person under the age of 16 years.

(2) An operator's licence for a scooter or power bicycle shall not be issued to any person under the age of 14 years.

(3) An operator's licence shall not be issued to any person under the age of 18 years «(1) unless the application is also signed by a parent or guardian of the applicant, or (

b) where the person is self-supporting and is unable to obtain the signature of a parent or guardian, unless he proves to the satisfaction of the Minister that he is self-supporting and unable to obtain such consent, or (

c) unless he proves to the satisfaction of the Minister that he is a married person. ( 4) Where a person who is under the age of 18 years has obtained an operator's licence as authorized by subsection (3) 6

6. Examination of applicants.

Section 17 (1, 4) 7. Minimum age 'conditions.

Section 16 (4-7). 6

(

a) if the parent or guardian, in writing, withdraws his consent, or (

b) if proof is produced, satisfactory to the Minister, that the person was not self-supporting or was not married, the Minister shall suspend or cancel the operator's licence and shall not reinstate it or issue a new licence to that per son until the person attains the age of 18 years or until a new application complying with subsection (3) is made. 8.

(1) Notwithstanding subsection (1) of

section 7, a person of the age of 14 years or over who is not the holder of a subsisting operator's licence may apply to the Minister for an operator's licence and (

a) upon payment of the prescribed fee, and (

b) upon the applicant passing such examinations as the Minister may require, the applicant may be issued an operator's licence of a learner's category.

(2) An operator's licence of a learner's category shall be stated to entitle and entitles the licensee to drive a motor vehicle of the type specified while the licensee is accom panied by a person (

a) who holds an operator's licence, valid for the oper ation of the vehicle being used, and (

b) who is sitting immediately beside him and engaged in teaching the licensee to drive or engaged in con ducting a driver's examination of the licensee.

(3) An operator's licence of a learner's category may be issued for the purpose of operating a motor cycle, scooter or power bicycle under such terms and conditions as may be prescribed by the regulations. 9. A person to whom an operator's licence is issued shall write his usual signature in th~ space provided for that purpose, and until the licence has been so signed it is not valid. 10. Upon every change of his address or change of name or both, the -person to whom an operator's licence is issued shall, in the manner prescribed by the regulations, forth with in writing notify the Minister of the change. 11.

A person holding an operator's licence shall within a reasonable time thereafter advise the Minister in writing of any change, since the issuance of the operator's licence to the licensee, of his physical condition by reason of any disease or physical disability, which the regulations desig nate as a disease or physical disability of which the Minister is to be informed by an applicant for a licence. 7

8. Learners' licences.

Section 16 (9-11). 9. Licence to be signed.

Section 22. 10. Change of address or name.

Section 6 (2). II. Change of health.

Section 18a. 7

(1) Where a person has obtained a duplicate of a valid and subsisting opBrator's licence, if subsequently he again comes into possession of the operator's licence be lieved to have been lost or destroyed, he shall return the duplicate as soon as possible to the Minister, and no person shall have in his possession both an operator's licence and a duplicate thereof issued pursuant to this Act.

(2) Vvhere a person has obtained a duplicate replacing a snpposedly lost or destroYBd duplicate, if subsequently he again comes into possession of the duplicate helieved to have been lost or destroyed, he shall return one duplicate as soon as possible to the Minister, and no person shall have in his possession more than one duplicate of an operator's licence. Suspension of Licences 13.

(1) Where pursuant to this Act (

a) the Minister refuses to issue an operator's licence to a person, or (

b) a person is convicted of operating a motor vehicle without a subsisting operator's licence, the l\1inister may at any time thereafter issue an order declaring tha.t person to be not qualified to obtain an oper at'Or's licence or to drive a motor vehicle or any other spe cified class 'Of vehicle on a highway.

(2) A person who drives a motor vehicle or other vehicle on a highway in contravention of an order made under subsection (1) is guilty of an offencB and liable on

summary conviction t'O a fine of not more than $500 or to imprison ment for a term of not more than six months, or to both fine and imprisonment. 14. (1) vVhere by or under this Act or by any order or judgment made under this or any 'Other Act (

a) the operator's licence of a person is suspended, or (

b) a person is disqualified from holding an operator's licence, • then, notwithstanding that the period of . suspension or dis qualifica tion has expired, the licence remains suspended or thB disqualification remains in effect, as the case may be, until such time as the person satisfies the Minister, by examina tion or otherwise, of his physical or other com petency to drive a motor vehicle without endangering the saiety of the general public.

(2) V\fhere the operator'ls licence of any person is suspended by or under this Act by an order or judgment made under this Act that person may still operate road maintenancB equipment not required to be licensed under this Act. S

12. Duplicate licences.

Section 21 (2,3). 13. Disqualificatioll from holding an operator's licence.

Section 17a. 14. Duration of suspension by or under Act.

Section 17b. 8

(3) Notwithstanding subsection (2) where a person is prohibited under this Act from driving a motor vehicle on medical grounds he may also be prohibited from driving road maintenance equipment, tractors and self-propelled implements of husbandry on the highway. (4) Subsection (1) applies to all licences under suspen sion, whether suspended before, on or after the day this

section comes into force.

(5) This

section applies to, but is not limited to suspen sions by or pursuant to sections 204 and 206, notwithstand ing that the term of any such suspension has expired. 15.

(1) Where, under this Act, the operator's licence of a person is suspended Dr cancelled, the suspension or can cellation continues in full effect notwithstanding the expir atiDn of the licence during the period 'Of the suspension or cancellation.

(2) Where under or pursuant to this Act an operator's licence of a person is suspended or cancelled, the suspen sion or cancellation operates to suspend or cancel any oper ator's licence held by that person, whether SD stated or not. 16. A notice of suspension of the operator's licence of any person or the disqualification of any person from hold ing an operator's licence pursuant to this Act shall be deemed to be sufficiently served on a person if it is sent by registered mail to that person at his last recorded address as shown by the records of the Registrar. Use of Licences 17. ( 1) No person shall use or be in possession of (

a) an operator's licence belonging to 'any other person, or (

b) an operator's licence that has been cancelled or suspended, or (

c) any fictitious document purporting to be an oper ator's licence. (2~ No person who holds an operator's licence shall ~ermlt any other person to use or be in possession of his lIcence. i : , I

(3) No person shall have in his possession more than one operator's licence. 18. No person shall (

a) deface or alter an operator's licence, or (b) ~reat an operator's licence or permit an operator's lIcence to be treated in any manner that will pre vent an endorsement from being written on the licence, or (

c) use an illegible or defaced operator's licence. 9

15. Suspension or cancellation not removed by expiry of licence.

Section 9. 16. Notice of suspension.

Section 127c. 17. Possession of operator's licence.

Section 100. 18. Care to be taken of licence.

Section 85 (d, g, h). 9

19. A person who operates a motor vehicle (

a) of a type that he is not authorized to operate under the class of operator's licence that he holds, or (

b) contrary to a restriction or condition on his licence, is guilty of an offence and liable on

summary conviction to a fine of not more than $100 and in default of payment to imprisonment for a term not exceeding 30 days. 20.

(1) No person shall permit anyone who is not the holder of an operator's licence to drive a motor vehicle.

(2) No person shall permit anyone to drive a motor ve hicle other than one of the type that his licence permits him to drive. 21. No person shall hire or let for hire a motor vehicle unless the person by whom the motor vehicle is to be driven is authorized under the provisions of this Act to drive the motor vehicle. 22. No person shall permit any person who is the holder of an operator's licence of a learner's category to operate a motor vehicle contrary to subsection (2) of

section 8. 23.

(1) No person who is the holder of an operator's licence of a learner's category shall operate a motor vehicle contrary to subsection (2) of

section 8.

(2) A person (

a) who is engaged in teaching someone to drive, and (

b) who does not hold an operator's licence valid for the operation of the type of vehicle being used by the person he is teaching to drive, is guilty of an offence and liable on

summary conviction to a fine of not more than $100 and in default of payment to a term of imprisonment not exceeding 30 days. 24.

(1) Every person driving a motor vehicle shall carry his operator's licence with him at all times during which he is in charge of a motor vehicle and shall deliver it for inspection to a peace officer when demanded by any peace officer.

(2) Every person while engaged in instructing a student driver shall carry his operator's licence with him at all times during which he is so engaged and shall deliver it for inspection to a peace officer when demanded by any peace officer. 25. Where a person produces to a peace officer an oper ator's licence that is illegible, defaced, altered or treated contrary to

section 18, the peace officer shall give the per son a reasonable time to produce 'a replacement licence issued pursuant to this Act. 10

19. Offence for disobeying conditions on licence.

Section 17 (2), 139 (3). 20. Unqualified p'ersons not "lobe allowed to drive.

Section 90. 21. Renting of vehicle to unqualified driver.

Section 91. 22. Person with learner's licence not to be permitted" to drive alone.

Section gOa. 23. Use of a learner's licence. New and

section 139 (4). 24. Production of licence.

Section 18. 25. Production of replacemenfl licence.

Section 86. 10

26. A person who on the demand of a peace officer (

a) fails to deliver his operator's licence as required by

section 24, or (

b) fails to produce a replacement licence as required by

section 25, is guilty of an offence and liable on

summary conviction to a fine of not more than $5.

PART 2 REGISTRATION OF MOTOR VEHICLES AND TRAILERS Requirement of Registration 27.

(1) Subject to this Act, (

a) no person who is the owner of a motor vehicle or trailer shall operate or suffer or permit any other person to operate the motor vehicle or trailer on a highway at any time during which he is not the holder of a subsisting certificate of registration issued pursuant to this Act for the motor vehicle or trailer, and (

b) no person shall operate on a highw'ay any motor vehicle or trailer in respect of which there is not for the time being a subsisting certificate of regis tration issued pursuant to this Act.

(2) The Lieutenant Governor in Council may exempt any vehicle or class of vehicles from registration under this Act.

(3) Where the owner of a vehicle who is resident out side 9f Alberta has complied with the laws of his place of residence with respect to the registration and licensing of the vehicle, then if the vehicle (

a) is carrying displayed thereon the registration num ber plates for the current year assigned under those laws to that vehicle, and (

b) is brought in to Alberta for temporary use therein for the purpose of touring for pleasure for a period not exceeding three months, the vehicle shall be deemed to be registered pursuant to this Act.

(4) A person who operates a motor vehicle or trailer upon a highway without a sUbsisting certificate of registra tion thereof is guilty of an offence and liable upon sum mary conviction, (

a) for a first offence to a fine of not more than $100 or to imprisonment for a term not exceeding 30 days or to both fine and imprisonment, and 11

26. Offence for failure to produce licence.

Section 134. 27. Motor vehicles and trailers are required to be registered.

Section 10, 5 (2), 13, 139 (1, 2)~ 11

(

b) for any subsequent offence to a fine of not more than $500 or to imprisonment for a term not exceed ing six months or to both fine and imprisonment.

(5) A person who knowingly operates a motor vehicle on a highway (

a) while the certificate of registration of the motor vehicle is cancelled, or (

b) while the certificate of registration of the motor vehicle is under suspension, is guilty of an offence and liable on

summary conviction to imprisonment for a term of not less than 20 days nor more than 30 days. Issue of Certificates of Registration 28.

(1) An application for the registration of a motor vehicle or trailer shall be made to the Minister in such form and giving such particulars as the Minister prescribes.

(2) No person shall apply for or procure or attempt to procure the registration of a motor vehicle during a period when the registration of the motor vehicle or the certificate of registration issued therefor is suspended or cancelled.

(3) No liability attaches to the Crown for any loss caused by incorrect information contained in an application for registration of a motor vehicle or trailer, notwithstanding that the information may have been entered on the applica tion form by some person other than the applicant. 29.

(1) Upon receipt of an application for the registra tion of a motor vehicle or trailer and upon payment of the registration fee prescribed by the regulations, the Minister or the Registrar may (

a) in his discretion, but (

b) subject to the restrictions in this Act, issue or cause to be issued through a licence issuer a cer tificate of registration as applied for and in the form pre scribed by the regulations.

(2) Subject to the provisions of this Act as to suspension and cancellation and expiry, a certificate of registration issued pursuant to this

Part is valid for the period pre scribed by the regulations. 30.

(1) Except as provided by subsection (2), a motor vehicle of which the manufacturer's serial number or simi lar identifying mark has been obliterated shall not be registered.

(2) A person who has in his possession any motor vehicle in the condition described in subsection (1) may forthwith file with the Minister satisfactory proof of the ownership of the vehicle and the Minister may thereupon grant per- 12

28. Application for registration.

Section 4 and 102. 29. Issue of ·certificate of registration.

Section 5 (1) and 8. 30. Obliterated vehicle serial number.

Section 15. 12

mISSIOn to cut, impress, emboss 'Or attach permanently to the vehicle a special identifying number or mark, which thereafter shall be deemed sufficient for the purpose of registration of the vehicle. 31.

(1) This

section applies only to the registration of commercial vehicles and public service vehicles as defined in The Public Swrvice Vehicles Act.

(2) When the ownership of a registered commercial ve hicle passes from the registered owner to any other person, whether by the act of the owner or by the operation of law, the registration of the vehicle expires upon the 14th day after the day upon which the ownership passes.

(3) When the ownership of a registered public service vehicle passes from the registered owner to any other person, whether by act of the owner or by the operation of law, the registration of the vehicle expires at the time the 'Ownership passes.

(4) The registered owner of the vehicle or his legal representative shall, not later than the 14th day after the ownership so passes, deliver to the Minister the certificate of registration of the vehicle.

(5) The new owner of the vehicle or his legal represen tative may, not later than the 14th day after the 'Owner ship passes, apply to the Minister for the registration of the vehicle in the name of the owner or legal representative and the transfer of the licence plates to him.

(6) When the ownership of a registered vehicle passes from the registered owner to any other person, the licence plates issued upon registration may, not later than 14 days after the passing of ownership, be reissued to the registered owner for use upon another vehicle owned by him, upon (

a) compliance with the regulations, (

b) production of satisfactory proof of ownership of the 'Other vehicle, and (

c) payment of the prescribed fee therefor.

(7) Where the ownership of a registered vehicle passes from the registered owner, either by the act of the owner or by the operation of law, to a person engaged in the business of selling or dealing in vehicles, whether new or otherwise or engaged in the business of automobile wreckage, that person, if the licence plates issued to the registered owner come into his possession, shall return the plates forthwith to the Minister.

(8) Where the 'Ownership of a commercial vehicle passes from one person to another and the new owner intends to apply for the registration of the vehicle in his name, and (

a) to have transferred to him the licence plates issued to the registered owner of that vehicle, or 13

31. Transfer of registration of commercial and public service vehicles.

Section 11. 13

(

b) to have reissued to him for use on that vehicle licence plates issued to him upon the registration of another motor vehicle, then, notwithstanding sections 27 and 42, the new ovvner may display those licence plates on the vehicle and operate or permit another person to operate the motor vehicle on a highway for not more than 14 days after the ownership passes to him. 32.

(1) This

section applies to the registration of vehicles other than commercial vehicles or public service vehicles to which

section 27 applies.

(2) Where the ownership of a registered vehicle passes from the registered owner to any other person, whether by act of the owner or by operation of law, the registration of the vehide expires forthwith and the registered owner shall remove the licence plates from the vehicle and retain them in his possession.

(3) At any time during the registration year for which the licence plates referred to in subsection (2) are issued, the person to whom they are issued may apply to the Minister to use the plates on another vehicle to be registered in his name, if the application is made within 14 days after acquiring ownership of another vehicle whereupon, not withstanding sections 27 and 42 that person may display the plates on the newly acquired vehicle and operate or permit another person to operate the vehicle on a highway during that 14 day period.

(4) Where an application is made under subsection (3), the l\1:inister may request from the applicant payment of the fees prescribed by the regulations.

(5) Where the ownership of a registered vehicle passes from the registered owner, either by the act of the owner or by the operation of law, to another person that other person, if the licence plates issued to the registered owner come into his possession, shall return the plates forthwith to the Minister.

(6) Notwithstanding subsections(2) and (3), where a vehicle is registered under the names of both a lessor and lessee, and the lessee ceases to have an interest in the vehicle, the lessor shall retain the licence plates in his possession and may apply within 14 days after having leased the vehicle to a new lessee to have the registration include the new lessee of the vehicle.

(7) Notwithstanding anything in this section, where the ownership of a registered vehicle passes by reason of the death of the registered owner, the registration of the vehicle for that registration year does not expire and the following persons may during the remainder of that registration year continue to operate the vehicle under the registration of the deceased registered owner, that is to say: 14

32. Transfer of registration of other vehicles.

Section I1a. 14

(a) ~he ~pouse of the dece,ased registered owner if resid Ing In the same dwellIng premises at the time of his death, (

b) an~ person. having proper temporary custody of the vehIcle untIl grant of probate or administration to the personal representative of the deceased regis tered owner, and (

c) the personal representative of the deceased regis tered owner, Use of Certificates of Registration 33. N o person shall (

a) deface or alter a certificate of registration issued under this Act, or (

b) use or permit the use of a defaced or illegible cer tificate of registration. 34.

(1) Every driver of a motor vehicle shall produce the certificate of the registration of the vehicle upon demand by any peace officer.

(2) Where the vehicle is being operated (

a) with licence plates issued pursuant to

section 39, or (

b) by an appraiser who has custody of the vehicle for the purpose of appraisal, or (

c) by a mechanic who has custody of the vehicle for the pur,pose of repairs, the peace officer shall give the driver of the vehicle reason able time within which to produce the certificate of regis tration of the vehicle.

(3) Where a person produces to a peace officer a cer tificate of registration that is illegible or defaced or altered contrary to

section 33, the peace officer shall give the person a reasonable time to produce a replacement certificate of registration issued under this Act. 35. A person who on the demand of a peace officer (

a) fails to produce a certificate of registration as required by subsection (1) or (2) of

section 34, or (

b) fails to produce a replacement certificate of regis tration 'as required by subsection (3) of

section 34, is guilty of an offence and liable on

summary conviction to a fine of not more than $5. 36. Upon every change of his address or change of name, or both, the person to whom a certificate of registration is issued shall, in the manner prescribed by regulation, forth with in writing notify the Minister of the change. 15

33. Care to be taken of certificate of registration.

Section 85 (e,f,i). 34. Production of certificate of registration.

Section 110 and 86. 35. Offence for failure to produce certificate.

Section 134. 36. Change of name or address to be given to Minister.

Section 6 (2). 15

Licence Plates 37.

(1) At the time of the issue of a certificate of regis tration the Minister shall issue to the owner of the regis tered vehicle a set of two licence plates, or one licence plate if the vehicle is a motor cycle or trailer, bearing the licence number of the vehicle, together with the name of the Province either at length or in an abbreviated form, and the year of issue.

(2) The Minister shall charge such fees for each set of licence plates issued by him as may be set out in the regu lations.

(3) The licence plates shall be of such type, colour or shade as ma.y be prescribed by the Minister.

(4) Every licence plate issued under this Act remains the property of the Crown and the person in possession of them shall return them to the Minister whenever he so requires. 38.

(1) Notwithstanding any of the requirements of this Act as to licence plates, the Minister, if he considers it expedient or necessary to do so, may issue one marker or licence plate at the time of the issue of a certificate of registration instead of the prescribed licence plate or plates.

(2) The display in the manner set out in the regulations of the marker or licence plate so issued is a sufficient com pliance for all purposes with the provisions of this Act requiring or relating to the display of licence plates.

(3) Every reference in this Act to a licence plate or to licence plates shall mutatis mutandis be deemed to include a refe~ence to a marker or licence plate issued by the Minister pursuant to this section. 39.

(1) Licence plates may be issued pursuant to this

section to manufacturers of and dealers in motor vehicles and to persons engaged in the business of servicing motor vehicles kept for sale by manufacturers and dealers.

(2) The licence plates issued for use on motor vehicles kept for sale by manufacturers or dealers shall bear a word, let~r or other device sufficient to distinguish them from licence plates issued for other motor vehicles.

(3) Licence plates issued pursuant to this

section are valid for only one place of business but where the person to whom any plates are issued has more than one place of business in the same municipality, all those places shall, for the purpose of this subsection, be considered one place of business. ( 4) The fee required by the Minister on the issue of licence plates under this

section may be of a fixed amount or may vary with the number of licence plates issued to the person. 16

37. Issue of licence plates.

Section 26, 28 and 32. 38. Authority for single licence plate or marker.

Section 33. 39. Dealers' licence plates.

Section 24. 16

(1) No person shall attach a licence plate issued pursuant to

section 39 to any vehicle (

a) except a motor vehicle kept for sale, and not for hire, by a manufacturer or dealer, or (

b) except a motor vehicle used by a manufacturer or dealer for the promotion of sales of such motor vehicles, and that is not used to convey freight.

(2) No person shall use or operate on a highway a motor vehicle to which a licence plate is attached contrary to subsection (1). 41. Where a dealer in motor vehicles takes possession of a motor vehicle for the purpose of selling it on behalf of the owner and if current licence plates have been issued for the motor vehicle (

a) the owner of the motor vehicle shall remove the licence plates and retain them in his possession, and (

b) the dealer shall not accept the motor vehicle until the licence plates have been removed therefrom. 42. No licence plate shall be attached to or used upon any motor vehicle or trailer other than the one for which it is authorized. 43.

(1) In the case of a motor vehicle, other than a motor cycle, (

a) one of the licence plates shall be firmly attached to the front of the vehicle, and (

b) the other licence plate shall be firmly attached to the rear of the vehicle in such a position that the lower edge of the plate will not be lower than the axle.

(2) In the case of a motor cycle, the licence plate shall be firmly attached to the rear mudguard in such a position as to be clearly visible.

(3) In the case of a trailer, the licence plate shall be firmly attached on the back thereof in such a position that the lower edge of the plate will not be lower than the axle. 44.

(1) A licence plate shall at all times be kept in a legible condition, clearly visible and unobscured by any part of the vehicle or its attachments or load, or otherwise howsoever, and shall be kept firmly fastened in the position required by

section 43.

(2) The licence plate of a motor vehicle pulling a trailer shall not be considered to be obscured or not visible by reason of the presence of the trailer. 45. No person shall operate a motor vehicle or trailer on a highway with an expired licence plate displayed thereon. 17

40. Use of dealers' plates.

Section 25. 41. Removal of licence plates on sale of vehicle.

Section 25a. 42. Display of licence plates.

Section 30. 43. ·Manner of attaching licence plate ..

Section 27. 44. Licence plates to be kept readable.

Section 27 (5) and 31. 45. Expired plates to be removed.

Section 29. 17

46. No person shall .(

a) deface or alter any licence plate issued under this Act, or (

b) use or permit the use of any defaced or altered licence plate, or (

c) permit any licence plate issued to him to be used in contravention of this Act. 47. Any peace officer who has reason to believe that a motor vehicle is carrying licence plates (

a) that were not issued for it, or (

b) that although issued for it were obtained by false pretences, may take possession of those licence plates and retain them until the facts as to the carrying of those licence plates has been determined.

PART 3 EQUIPMENT REQUIRED ON VEHICLES 48. Every person who. operates any vehicle on any highway without complying with any requirement of this Part as to equipment, and every person by whose permission any vehicle is so operated, is guilty of an offence. Headlamps 49.

(1) Every motor vehicle, other than a motor cycle, shall be equipped with at least two headlamps with at least one moun,ted on each side of the front of the motor vehicle.

(2) A headlamp upon a motor vehicle, other than a snowplow, shall be mounted on the motor vehicle at a height, which shall be measured from the centre of the headlamp, of not more than 54 inches nor less than 24 inches to the level of the ground when the motor vehicle stands unloaded. 50.

(1) Except as otherwise provided in

section 52, and subject to subsections (2) and (3), the headlamps on motor vehicles, othe,r than motor cycles, shall be so arranged (

a) that the driver may select at will between distribu tion of light projected to different elevations, or (

b) that the selection of light distribution may be made au toma tically.

(2) There shall be an uppermost distribution of light, or composite beam of light, so aimed and 'Of such intensity as to reveal persons and vehicles at a distance 'Of at least 350 feet ahead under all conditions of loading.

(3) There shall be a lowermost distributi'On of light, or composite beam of light, of such intensity as to reveal per- 18

46. Care to be taken of lic.ence plates.

Section 85 (a, b, c). 47. Seizure of licence plates.

Section 112. 48. Offence for using improperly equipped vehicle.

Section 137. 49. Location of headlamps. Sections 34 and 36. 50. Multiple beam headlamps.

Section 37. 18

sons and vehicles at a distance of at least 100 feet ahead and so aimed that on a straight level road and under any condition of loading the high intensity portion of the beam will not strike the eyes of an approaching driver. 51.

(1) No person shall sell a new motor vehicle that has multiple beam road lighting equipment unless the motor vehicle is equipped with a beam indicator that will light up whenever the uppermost distribution of light from the head lamps is in us~ but not otherwise.

(2) The beam indicator shall be so designed and mounted that when lighted it will be readily visible without glare to the driver of the vehicle upon which it is mounted.

(3) This

section does not apply to a motor cycle. 52.

(1) Headlamps arranged to provide a single distri bution of light may be used on motor vehicles manufactured and sold before the 1st day of April, 1956, in lieu of multiple beam road lighting equipment specified in

section 50, if the single distribution of light conforms to the requirements of this section.

(2) The headlamps arranged to provide a single distribu tion of light shall be so aimed that when the motor vehicle is unloaded the high intensity portion of the light will not, at a distance of 25 feet ahead, be directed higher than a level of five inches below the level of the centre of the lamp from which it comes and in no case higher, at a distance of 75 feet ahead, than 42 inches above the level on which the motor vehicle stands.

(3) The intensity of the light shall be sufficient to reveal persons and vehicles at a distance of at least 200 feet. 53.

(1) Every motor cycle shall be equipped with at least one headlamp but not more than two headlamps.

(2) Any headlamps upon a motor cycle may be of the single beam or multiple beam type but in either case the head lamps shall conform with the requirements and limita tions of this section.

(3) The headlamps shall be of sufficient intensity to reveal a person or vehicle (

a) at a distance of not less than 100 feet ahead when the motor cycle is operated at any speed of less than 25 miles per hour, (

b) at a distance of not less than 200 feet ahead when the motor cycle is operated at a speed of 25 to 35 miles per hour, and (

c) at a distance of not less than 300 feet ahead when the motor cycle is operated at a speed of more than 35 miles per hour. 19

51. High beam indicator required.

Section 38. 52. When single beam headlamp permissible.

Section 40. 53. Motor cycle headlamps.

Section 35 (1, 2), 41. 19

(4) When the motor cycle is equipped with a multiple beam headlamp (

a) the uppermost beam of light shall conform to the minimum requirements set out in subsection (3) of this

section and shall not exceed the limitations set out in subsection (3) of

section 50, and (

b) the lowermost beam of light shall conform to the requirements applicable to lowermost distribution of light as set out in subsection (4) of

section 50.

(5) When a motor cycle is equipped with a single beam headlamp, the headlamp shall be so aimed that when the cycle is loaded none of the high intensity portion of the light will be directed higher, at a distance of 25 feet ahead, than the level of the centre of the headlamp from which the light comes. 54.

(1) If a tractor or self-propelled implement of hus bandry is equipped with any headlamps, it shall not be equipped with any less or any more than two headlamps.

(2) Headlamps upon a tractor or self-propelled imple ment of husbandry may be of the single beam or multiple beam type but in either case the headlamps shall conform with the requirements and limitations of this section.

(3) The headlamps shall be of sufficient intensity to reveal a person or vehicle (

a) at a distance of not le.ss than 100 feet ahead when the tractor or self-propelled implement of hus bandry is operated at any speed of less than 25 miles per hour, (

b) at a distance of not less than 200 feet ahead when the tractor or self-propelled implement of hus bandry is operated at a speed of 25 to 35 miles per hour, ang (

c) at a distance of not less than 300 feet ahead when the tractor or self-propelled implement of hus bandry is operated at a speed of more than 35 miles per hour.

(4) When the tractor or self-propelled implement of hus bandry is equipped with a multiple beam headlamp (

a) the uppermost beam of light shall conform to the minimum requirements set out in subsection (3) of this

section and shall not exceed the limitations set out in subsection (3) of

section 50, and (

b) the lowermost beam of light shall conform to the requirements applicable to lowermost distribution of light as set out in subsection (4) of

section 50.

(5) When a tractor or self-propelled implement of hus bandry is equipped with single beam headlamps, the head lamps shall be so aimed that none of the high intensity por- 20

54. Headlamps on trailers and implements of husbandry,

Section 35a. 20

tion of the light will he directed higher, at a distance of 25 feet ahead, than the level of the centre of the headlamp from which the light comes. 55. Every bicycle while in operation on a highway at night shall he equipped with one headlamp at the front and one reflector at the rear of the bicycle. Tail Lamps 56.

(1) Except as provided in subsections (2) and (3), (

a) every motor vehicle, (

b) every self-propelled implement of husbandry, (

c) every tractor, (

d) every trailer, and (

e) every vehicle being drawn at the end of a train of vehicles, shall be equipped with at least two tail lamps mounted at the rear of the vehicle.

(2) Every motor cycle shall be equipped with at least one tail lamp mounted at the rear of the vehicle. (3) Subsection (1) does not apply during daylight hours to such classes of equipment as may be exempted therefrom by the regulations.

(4) The tail lamps on a vehicle shall be as widely spaced laterally as is practicable.

(5) A tail lamp shall be capable, when lit as required by this Act, of emitting a red light plainly visible from a dis tance of not less than 500 feet to the rear of the vehicle, except that in the case of a train of vehicles only the tail lamps on the rear most vehicle need he seen from that distance.

(6) A tail lamp upon a vehicle shall be on the vehicle at a height, which shall be measured from the centre of the tail lamp, of not more than 72 inches nor less than 20 inches to the level ground when the vehicle stands unloaded.

(7) A tail lamp shall be so constructed that the rear number plate of the vehicle will be illuminated and rendered clearly visible from a distance of 50 feet to the rear, or a separate lamp shall be mounted on the rear of the vehicle to illuminate the licence plate and render it visible from a distance of 50 feet to the rear.

(8) All tail lamps and, if any, separate lamps for illu minating the rear licence plate shall be so wired that they will light and remain lighted whenever the head lamps or auxiliary driving lamps are alight. 57. A vehicle carrying a load that overhangs the rear of the vehicle to the extent of five feet or more shall, (

a) during night time hours display a red light, and 21

55. Bicycle l~ghts.

Section 43. 58. Tail lamps.

Section 42. 57. Overhanging load.

Section 49. 21

(

b) at all other times, display a red flag, upon and at the extreme rear end of the overhanging load and sufficient in either case to indicate the projection of the load. 58.

(1) Except as permitted by this Act, no vehicle shall display to the rear thereof a light of any colour other than red. (2) Subsection (1) does not apply to back-up lights when used in the process of backing up a vehicle. Stop Lamps 59.

(1) Unless otherwise provided by the regulations (

a) every motor cycle shall be equipped with at least one stop lamp mounted on the rear of the vehicle, and (

b) every other motor vehicle and every trailer and the rearmost vehicle in a train of vehicles shall be equipped with at least two stop lamps mounted on the rear of the vehicle.

(2) A stop lamp shall light up when the service brake is applied and when lit sha.ll emit a red light plainly visible from a distance of not less than 100 feet to the rear of the vehicle in normal sunlight. 60. No stop lamp or signal lamp or device shall project a glaring light at any time. Flashing Lights 61.

(1) No motor vehicle other than a vehicle used (

a) for the transportation of any member of a fire brigade or of any firefighting equipment, (

b) for the transportation of any policeman or forestry officer, or (

c) as an ambulance, shall be equipped with any red light or flashing light visible from the front of the vehicle. 22 (2) Subsection (1) does not apply to: (

a) signal lights for indicating an intention to turn as are provided in

section 62; (

b) alternate flashing red lights displayed by a school bus; (

c) flashing lights of such colour other than red as is provided in this Act or the regulations and dis played by (

i) a snowplow, or (ii) a vehicle transporting explosives, or

S8. Colour of rear lights.

Section 42 (7, 8). S9. Brake lights.

Section 52. 60. Glaring lights prohibited.

Section 54. 61. Use of flashing lights.

Section 47. 22

(iii) a tow truck while towing or pushing a disabled vehicle, or (iv) a vehicle engaged in highway inspection, high way construction or highway maintenance, or (

v) a vehicle engaged in the transportation of or towing of a building, or (vi) a vehicle owned and operated by Alberta Gov ernment Telephones while engaged in the con struction, maintenance or repair of communica tion systems, or (vii) a vehicle leading a funeral procession, or (viii) a vehicle that has become immobile or inoper ative; (

d) simultaneously flashing turn signal lights displayed at a railway crossing by a vehicle required to stop at railway crossings; (

e) simultaneously flashing turn signal lights displayed by a vehicle that has become immobile 'Or inoper ative; (

f) flashing lights or coloured lights as prescribed by the regulations displayed by a vehicle 'Of a class authorized by the regulations to display such lights.

(3) Any motor vehicle belonging to a municipal fire department may be equipped with such red lights or such other coloured lights as may be designated by by-law 'Of the council. I 62.

(1) No person shall sell a new motor vehicle unless it is equipped with lamps Dr mechanical signal devices that comply with the requirements of this

section and that ShDW to the front and rear for the purpose of indicating an inten tion to turn either to the right or left.

(2) No person shall 'Operate a mDtor vehicle equipped with lamps or mechanical signal devices tD indicate an intention to turn the vehicle unless the lamps or device show to the front and rear of the vehicle and otherwise comply with the requirements of this section.

(3) When lamps are used for the purpDse 'Of indicating turns (

a) the lamps showing to the front shall be IDeated 'On the same level and 'as widely spaced laterally as practicable and when in use shall display a white Dr amber light visible from a distance of not less than 100 feet to the front in normal sunlight, and (

b) the lamps showing tD the rear shall be IDeated at the same level and as widely spaced laterally as practicable and when in use shall display a red Dr amber light visible at a distance 'Of not less than 100 feet to the rear in normal sunlight. 23

62. Turn signals required.

Section 53, 53a. 23

(4) Lamps used for indicating turns shall be so con structed and arranged that when used for indicating turns the intended direction of the turn can be indicated by flashing the lights showing to the front and rear on the side toward which the turn is to be made.

(5) Where mechanical signal devices are used for the purpose of indicating turns, the mechanical devices shall be self-illuminating when in use during the times headlamps are required to be alight.

(6) The owner of a motor vehicle equipped with lamps or mechanical signal devices to indicate an intention to turn shall maintain those lamps or mechanical signal devices in good working order. Other Lights 63. In addition to the lamps required by this Act, every self-propelled implement of husbandry shall, at the times mentioned in subsection (1) of

section 132, be equipped with and display such other lights and reflectors as may be prescribed by the regulations. 64.

(1) No motor vehicle shall be equipped with a light that is known to the trade as a search light.

(2) A spot light may be carried upon any motor vehicle but when the vehicle is in motion the ray of the light there from shall be directed to the extreme right of the travelled portion of the highway in such a manner that the beam of light will strike the extreme right of the travelled portion of the highway within 75 feet of the vehicle. 65.

(1) A motor vehicle may be equipped with fixed or movable auxiliary lamps or fog lamps mounted upon the front of the vehicle and below the level of the centres of the headlamps and at a height not less than 16 inches above the level on which the vehicle stands.

(2) Not more than two auxiliary lamps or fog lamps mounted on opposite sides of the vehicle may be used in connection with but not in substitution for headlamps, except under conditions of fog or rain rendering disad vantageous the use of headlamps.

(3) In no event shall the number of auxiliary and fog lamps upon a motor vehicle exceed a combined total of three and in no event shall more than two of those lamps be lighted for use with lighted headlamps. ( 4) Every auxiliary lamp and every fog lamp used upon a motor vehicle shall be so adjusted and aimed that the top of the main substantial portion of the beam will strike the road at approximately 75 feet in advance of the vehicle and will not project a glaring or dazzling light into the eyes of approaching drivers. 24

63. Lights and reflectors on implements of husbandry.

Section 44. 64. Spot lights and search lights.

Section 48. 65. Auxiliary and fog lights.

Section 45. 24

(5) The term "auxiliary lamp" or "fog lamp" denotes any combination of reflector, lens and lamp bulb designated to illuminate the roadway close to and forward or forward and to the sides of the motor vehicle and otherwise meeting the requirements of this section. Brakes 66.

(1) No motor vehicle, other than a motor cycle, shall be operated upon a highway unless it has (

a) an adequate service brake, and (

b) an adequate emergency or parking brake capable of being operated separately.

(2) No motor cycle or tractor or self-propelled imple ment of husbandry shall be operated upon a highway unless it has an adequate service brake. 67.

(1) In this

section "motor vehicle" includes a tractor and a self-propelled implement of husbandry.

(2) Every person driving a motor vehicle on any high way shall upon request of a peace officer (

a) permit the officer to inspect and test the brakes with which the motor vehicle is equipped and for that purpose to operate the vehicle, or (

b) at the option of the officer, operate the motor vehicle as directed by the officer for the purpose of the inspection and testing of the brakes, and the officer shall, if the brakes are inadequate, notify the driver of the vehicle thereof and thereupon the driver shall forthwith proceed to have the brakes made adequate.

(3) Where the service brakes of a motor vehicle equipped with two-wheel brakes are not capable of bringing the vehicle to a standstill within 40 feet from the point at which the brakes are applied when the brakes are applied while the vehicle is loaded to its full capacity and moving, on a level surface consisting of dry paving of asphalt or concrete free from loose material, at a speed of 20 miles an hour, the service brakes of the vehicle shall be deemed to be inadequate.

(4) Where the service brakes upon any motor vehicle other than a motor vehicle mentioned in subsection (3) or any combination of vehicles are not capable of bringing the vehicle or combination of vehicles to a standstill within a distance of 30 feet from the point at which the brakes were applied, when the brakes are applied while the vehicle or combination of vehicles is loaded to its full capacity and moving, on a level surface consisting of dry paving of asphalt or concrete free from loose material, at a speed of 20 miles an hour, the service brakes of the motor vehicle or combination of vehicles shall be deemed to be inadequate. 25

88. Adequate brakes re'quired.

Section -50 (1, 8) 87. Standard 'Of performance required of brakes.

Section 50 (9) and (2-7). 2S

(5) Where the emergency or parking brake upon a motor vehicle or combination of vehicles is not capable of bringing the motor vehicle or combination of vehicles to a standstill within a distance of 55 feet from the point at which the brake was applied, when the brake is applied while the motor vehicle or combination of vehicles is loaded to its full capacity and moving, on a level surface of dry paving of asphalt or concrete free from loose material, at a speed of 20 miles an hour, the emergency or parking brake of the motor vehicle or combination of vehicles shall be deemed to be inadequate.

(6) The emergency or parking brake of a motor vehicle or combination of vehicles shall be capable of holding the vehicle or combination of vehicles at a standstill upon any grade upon which the motor vehicle or combination of vehicles is operated.

(7) All brakes shall at all times be maintained in good working order and shall be so adjusted that the brake pres sure upon the wheels on each side of the vehicle is as nearly as possible equal. Other Equipment 68.

(1) Every motor vehicle, motor cycle and bicycle shall be equipped with an adequate horn, gong or bell and it shall be kept in good working order and shall be sounded whenever it is reasonably necessary to warn persons on or approaching the highway in the vicinity of the vehicle or motor cycle or bicycle.

(2) No person having the control of any motor vehicle, motor cycle or bicycle shall use the horn, gong, bell or other signalling device thereon except for the purpose of giving notice to persons on or approaching the highway in the vicinity of the motor vehicle, motor cycle or bicycle of the approach of the vehicle, and in so doing shall not make any more noise than is reasonably necessary for the purpose of giving the warning. 69.

(1) A motor vehicle propelled by an internal com bustion engine shall be equipped with an exhaust muffler consisting of a series of pipes or chambers which ensures that the exhaust gases from the engine are cooled and expelled without excessive noise.

(2) No person shall drive or operate a motor vehicle propelled by an internal combustion engine when the muffler with which the vehicle is equipped is cut out or disconnected from the engine.

(3) No person shall drive or operate a motor vehicle propelled by an internal combustion engine equipped with a muffler from which has been removed a baffle-plate or other part. 26

68. Horn required.

Section 51. 69. Muffler and exhaust system.

Section 55. 26

(4) No person shall drive or operate a motor vehicle propelled by an internal combustion engine equipped with a muffler, the exhaust outlet of which has been opened or widened.

(5) No person shall drive or operate a motor vehicle pro pelled by an internal combustion engine equipped with a muffler or exhaust system to which is attached any device which increases the noise of the expulsion of the gases from the engine or allows a flame to be ignited from the exhaust system.

(6) This

section does not apply to a school bus having a capacity of 24 or more passengers. 70.

(1) Every motor vehicle equipped with a windshield, other than a motor cycle, shall be equipped with a mechani cally or electrically operated device (

a) for cleaning rain, snow or other moisture from the windshield, and (

b) that can in each case be controlled or operated by the driver of the motor vehicle.

(2) The owner of a motor vehicle shall maintain in good working order the device required by subsection (1). 71.

(1) Every motor vehicle and every trailer shall be equipped with mudguards or fenders or other device ade quate to reduce effectively the wheel spray or splash of water from the roadway to the rear thereof, unless adequate protection is afforded by the body of the motor vehicle or trailer or by a trailer drawn by the motor vehicle. (2) Subsection (1) does not apply to a motor vehicle or trailer in an unfinished condition while proceeding to a works for completion. 72.

(1) Every motor vehicle shall carry a mirror securely attached to it and placed in a position that will afford the driver a clear view of the roadway in the rear and of any vehicle approaching from the rear.

(2) Where the view afforded by the mirror required under subsection (1) is obstructed or interfered with by a trailer attached to the motor vehicle or otherwise, a side rear vision mirror shall be attached to each side of the motor vehicle towing the trailer placed in such a position as to afford the driver a clear view of the roadway to the rear and to each side of the vehicle being towed.

(3) In addition to any mirrors required under subsec tions (1) and (2), every new motor vehicle sold after the first day of January, 1968 shall carry a side rear vision mirror attached to the left side of the motor vehicle in such a position as to afford the driver a clear view of the road way to the rear left side of the vehicle. 27

70. Windshield wipers required.

Section 55a. 71. Mudguards required.

Section 55b. 72. Rear view mirror required.

Section 5,6. Subclause (3) is new. 27

73. Every motor vehicle shall be equipped with a speedo meter to indicate the speed of the vehicle when moving forward. 74.

(1) Without in any way restricting the provisions of this Part, the owner of a vehicle shall keep and maintain the lights, speedometer, brakes, mirrors, horn, steering me~hanism, windshield wipers, defrosters, signal lights and muffler of the vehicle (

a) in good working order, and (

b) properly attached thereto, for the purpose for which such equipment is intended.

(2) When so requested by a peace officer the owner of a vehicle shall, as soon as is reasonably possible, have such work done to the vehicle as is necessary to make it comply with the provisions of this Part and shall report such compliance to the peace officer. 75.

(1) No person shall sell or offer for sale a new motor vehicle unless the glass in the windshield and in the other windows complies with the conditions prescribed by the regulations.

(2) No person shall sell or offer for sale any windshield or glass intended to be used for glazing a motor vehicle and no person shall glaze a motor vehicle with glass that does not comply with the conditions prescribed by the regula tions. 76. No person shall sell or offer for sale hydraulic brake fluid for use in vehicles upon a highway (

a) that does not comply with the standards and speci fications prescribed by the regulations, or (

b) in a container not marked in compliance with the regula tions. 77.

(1) No person shall sell or offer for sale for use in vehicles upon a highway any equipment that does not comply with the standards and specifications that may be prescribed for such equipment by the regulations.

(2) No person shall sell a new motor vehicle of a class which by the regulations is required to be marked with the displacement or horsepower of its motor unless it is so marked in accordance with the regulations. 28 78. No vehicle other than a vehicle used (

a) for the transportation of any member of a fire brigade or of any firefighting equipment, or (

b) for the transportation of any policeman, or (

c) as an ambulance, or

73. Speedometer required.

Section 56a. 74. All required equipment to be maintained in working order.

Section 57. 75. Windshield glass.

Section 57a. 76. Brake fluid.

Section '5:7b. 77. Equipment to meet prescribed standards. Section57c and new. 78. Prohibition of sirens.

Section 69 (1). 28

(

d) as a gas disconnecting unit of a public utility com pany, shall, while on a highway, be equipped with a siren without the authorization of the Minister. 79.

(1) No person shall drive upon a highway any motor vehicle that is equipped with a television set.

(2) No person shall operate a television set in a motor vehicle while the vehicle is upon a highway. 80.

(1) No person shall drive upon a highway a vehicle that is equipped with a device capable of detecting radar or such other electronic equipment as may be used from time to time for measuring the speed of vehicles. (2) Subsection (1) does not apply to (

a) a vehicle used by a peace officer in the course of his duties, or (

b) a vehicle used by a person in conducting a traffic survey authorized by the Minister.

(3) Where a peace officer apprehends a person operating a motor vehicle contrary to subsection (1), the peace officer may seize the device or equipment and it is forfeited to the Crown.

PART 4 ACCIDENTS 81. In this Part "vehicle" means a vehicle other than one powered by muscular power. 82.

(1) When an accident occurs on a highway, the driver or other person in charge of a vehicle that was directly or indirectly involved in the accident (

a) shall remain at or immediately return to the scene of the accident, and (

b) shall render all reasonable assistance, and (

c) shall produce in writing to anyone sustaining loss or injury and to any peace officer and to a witness (

i) his name and address, and (ii) the number of his operator's licence, and (iii) the name and address of the registered owner of the vehicle, and (iv) the registration number of the motor vehicle, or such of that information as is requested.

(2) The driver of a vehicle that collides with an unat tended vehicle shall stop and (

a) shall locate and notify the person in charge or owner of the una ttended vehicle of the name 29

79. Television in motor vehicle~.

Section 87. 80. Radar detectors.

Section 87a. 81. Vehicle defined for purposes of

Part

Section 8Id (6). 82. Duties of drivers at scene of accident.

Section 81. 29

(

b) and address of the driver, the number of his oper ator's licence and the registration number of the vehicle striking the unattended vehicle, or shall leave in a conspicuous place in or upon the vehicle collided with a written notice giving the name and address of the driver, the number of his operator's licence and the registration number of the vehicle striking the unattended vehicle.

(3) The driver of a vehicle involved in an accident result ing in damage to property upon or adjacent to a highway, other than a vehicle under subsection (2), shall take reason able steps to locate and notify the owner or person in charge of the property of such fact and of the name and address of the driver, the number of his operator's licence and the registration number of the vehicle. 83.

(1) Subject to subsection (2), where an accident results in injury or death to a person or in property damage to an apparent extent of $100 or more, the driver shall forthwith make a written report to a peace officer having jurisdiction where the accident occurred.

(2) Where the driver is incapable of making the report required by subsection (1) and there is another occupant of the vehicle capable of making the report, the occupant shall make the report required to be made by the driver.

(3) Where no report has been made under subsection (1) or (2) and the driver or occupant is not the owner of the vehicle, the owner shall forthwith after learning of the accident make the report. ( 4) Where the driver is alone, is the owner and is incap able of making the report required by subsection (1), he shall make the report forthwith after becoming capable of making it. 84.

A peace officer who has witnessed or investigated an accident shall forthwith forward to the Registrar a written report, in the form prescribed by the Minister, setting forth full particulars of the accident including the names and addresses of the persons involved and the extent of the per sonal injuries or property damage. 85. Where a report has been made under

section 82, 83, or 84, the Registrar may require the driver involved or a peace officer or person having knowledge of the accident to furnish additional information or to make a supplementary report. 86. Where the driver of a vehicle or any other person damages or knocks down a traffic control device, railroad sign or signal, or traffic sign of any kind, or a parking meter, he shall forthwith report the damage to the nearest peace officer. 30

83. Written report of accidents required.

Section 81a. 84. Accident report: by peace officers.

Section 8lb (1). 85. Additional information may be required.

Section 8lb (2). 86. Damage to traffic control device to be reported. New. 30

(1) Any person who knowingly makes any false statement in a report required by this

Part is guilty of an offence and liable on

summary conviction to a fine of not more than $200 or to imprisonment for any term not exceed ing six months or to both fine and imprisonment.

(2) In a prosecution for an offence under this Part, a certificate purporting to be signed by the Registrar that any report therein required has or has not been made shall be admitted in evidence as prima facie proof of the facts stated in the certificate.

(3) In a prosecution for failure to make a report required by this

Part in respect of an accident, the place of the offence shall be deemed to be the place where the accident occurred. 88. No person shall commence the repairs on a motor vehicle that shows evidence of having been involved in an accident required to be reported under

section 83 or having been struck by a bullet (

a) unless a notice in the form prescribed by the regu lations has been affixed to the motor vehicle by the local police authority, or (

b) if no notice is affixed to the motor vehicle, until he has been authorized in writing by the local police authority to do so. 89.

(1) Subject to subsection (2), a written report or statement made or furnished under this Part (

a) is not open to public inspection, and (

b) is not admissible in evidence for any purpose in a trial arising out of the accident except to prove (

i) compliance with

section 83, 84 or 85, as the case may be, or (ii) falsity in a prosecution for making a false statement in the report or statement, or (iii) the identity of the persons who were driving the vehicles involved in the accident.

(2) Where a person or insurance company has paid or may be liable to pay for damages resulting from an accident in which a motor vehicle is involved, the person and in sur apce company and any solicitor, agent or other representa tIve of the person or company, may be given by the Minister or a peace officer such information as may appear in any report made under

section 83, 84 or 85 in respect of (

a) the date, time and place of the accident, (

b) the igentification of vehicles involved in the acci dent, (

c) the name and address of any parties to, or involved in, the accident, 31

87. Offence for failure to comply with

Part

Section 8ld and 138 (2). 88. Repair of damaged vehicle.

Section .sIc (1). 89. Inspection of accident reports.

Section 8ld. 31

(

d) the names and addresses of witnesses to the acci dent, (

e) the names and addresses of persons or bodies to whom the report was made, (

f) the name and address of any peace officer who investigated the accident, (

g) the location of the road upon which the accident occurred the direction of travel of the vehicles involved,' the weather and highway conditions at the time of the accident, (

h) the estimate of damages sustained by any person involved in the accident, (

i) the names and addresses of any insurance com panies insuring any parties to, or involved in, the accident, and (

j) any diagram made with respect to the accident and the fact of any visit to the scene of the accident.

PART 5 RULES OF THE ROAD Application 90.

(1) Every person operating a motor vehicle, a tractor, an implement of husbandry or any other type of vehicle upon a highway shall in so far as they are applicable, obey the rules of the road set out in this Part, except (

a) when otherwise instructed by any applicable traffic control device, or (

b) when otherwise directed by a peace officer.

(2) Except when otherwise directed by a peace officer every driver and pedestrian shall obey the instructions of any applicable traffic control device.

(3) Notwithstanding anything in this Part, every driver and pedestrian shall obey the directions of any peace officer directing traffic.

(4) Where all or any of the lights of a traffic control signal are not operating properly or are not operating at all, every driver and pedestrian ,shall use the roadway in the vicinity of the traffic control signal with caution. 91.

(1) Where a peace officer considers it necessary (

a) to ensure orderly movement of traffic, or (

b) to prevent injury or damage to persons or property, or (

c) to permit proper a.ction in an emergency, he may direct traffic according to his discretion, notwith standing anything in this Part. 32

90. Application of

Part

Section 7,5 (2), 75a (1) and 95 (2). Subclause (3) is new. 9 I. When pea,ce officer may direct traffic contrary to Rules of the Road. New. 32

(2) \Vhere a peace officer is not pres.ent a~ the scene of a fire or emergency, any nlember of a fIre brIgade present may exercise the powers of a peace officer under subsection (1). 92.

(1) Any motor vehicle equipped with a siren and being (a) (

b) used for the transportation of any member of a fire brigade in response to an emergency call, or used for the transportation of a peace officer in response to an emergency call or for the purpose of (

i) investigating a reported accident, or (ii) detecting or preventing crime, or (iii) making an arrest, or (

c) an ambulance used in response to an emergency call, or (

d) a gas disconnecting unit of a public utility com pany used in response to an emergency call, or (

e) a vehicle used in an emergency in accordance with an authorization granted by the Minister pursuant to

section 78, may, while being so used and while the siren is being con tinuously sounded, be operated at such speed as is reason able and proper having regard to the traffic ordinarily upon the highway and the use of the highway and the fact that it is being so used and may proceed past a red or stop signal or stop sign without stopping and at such speed as is reasonable and safe under the circumstances.

(2) Where required to do so for the purpose of carrying out his duties as a peace officer, a peace officer may, not withstanding subsection (1), (

a) operate a motor vehicle on a highway in excess of the speed limit thereon and at such speed as is necessary and reasonable having regard to the traffic ordinarily upon the highway and the fact that it is being so used, (

b) drive past a red or stop signal or stop sign without stopping but only at such speed as is reasonable and prudent under the circumstances, and (

c) drive and park a motor vehicle contrary to any rule of the road prescribed by this Act or a muni cipal by-law, if in the interest of law enforcement it is necessary and in the circumstance safe to do so. (3) \Vhere required to do so for the purpose of carrying out his duties as a member of a fire brigade, a fireman may drive and park a motor vehicle contrary to any rule of the road prescribed by this Act or a muni~ipal by-law, if in the interest of firefighting it is necessary and in the cir cumstances safe to do so. 33

92. Certain vehicles permitted to drive and park contrary to the Rules.

Section 62. 33

(4) Vehicles used in highway maintenance or .highway construction work may be operated upon such por~lOns of a highway as may be requisite fo~ the ~igh~ar maIntenance or highway construction work In whIch It IS engaged. Speed 93. Notwithstanding any speed limit prescribed by or pursuant to this or any other Act, no driver shall drive at any rate of speed that is unre::sonab.le ha~ing regard .to. all the circumstances of the case, IncludIng wIthout restrlctIng the generality of the foregoing, (

a) the nature, condition and use of the highway, (

b) the atn10spheric, weather or other conditions that might affect the visibility of the driver or the con trol of the vehicle, (

c) the amount of traffic there then is or that might reasonably be expected to be on the highway, and (

d) the mechanical condition of the vehicle or any equipment of the vehicle. 94.

(1) Except where a higher rate of speed is prescribed pursuant to

section 216, no person shall drive outside an urban area at any greater rate of speed than (a) 60 miles an hour during the daytime, or (b) 50 miles an hour during the night time.

(2) Except where a higher rate of speed is prescribed pursuant to

section 220, no person shall drive in an urban area at a greater rate of speed than 30 miles an hour. 95.

(1) No person shall drive at a greater rate of speed than the maximum rate designated by signs erected along the highway pursuant to

section 216 or 220.

(2) Where a speed limit is prescribed pursuant to

section 216 or 220, the speed limit applies to all that part of the highway between the point where the first sign indicating the prescribed speed limit is posted and the point where a sjgn is posted indicating a greater or lesser speed or indi cating that the prescribed speed limit has ceased to apply.

(3) In a prosecution for contravening this section, the existence of a sign indicating a maximum speed is prima facie proof that the maximum speed limit was regularly prescribed by the proper authority without other or further proof thereof. 96.

(1) On any day on which school is held, no driver shall drive within a school zone or playground zone outside an urban area at a rate of speed greater than 25 miles per hour at any time between 34

93. :Maximum speed is to be appropriate to circumstances. Sec tion58 (1). 94. Standard maximum speed.

Section 58 (2). 95. Higher or lower speeds permitted by signs.

Section 59 (7a, 8, 9). 96. Speed in school and playground zones.

Section 60. Sub clauses (2, 3 and 4) are new ,as is the reference to playground zones. 34

(a) 8 :00 o'clock and 9 :30 o'clock in the morning, or (b) 11 :30 o'clock in the morning and 1 :30 o'clock in the afternoon, or ( c) 3: 00 o'clock and 4: 30 0' clock in the afternoon.

(2) On any day on which s~h~ol is held, no driver shall drive within a school zone wIthIn an urban area at any rate of speed greater than 20 miles per hour between (a) 8 :00 o'clock and 9 :30 o'clock in the morning, or (b) 11 :30 o'clock in the morning and 1 :30 o'clock in the afternoon, or (c) 3 :00 o'clock and 4 :30 o'clock in the afternoon.

(3) No driver shall drive within a playground zone within an urban area at a rate of speed greater than 20 miles per hour between the hours of 8 :30 o'clock in the morning and 6 :00 o'clock in the afternoon. ( 4) No driver shall pass a vehicle or attempt to pass a vehicle moving in the same direction in a school zone or a playground zone.

(5) A school zone or playground zone ends where a traffic control device indicates a greater rate of speed or the end of the school zone or playground zone.

(6) In this

section "school zone" and "playground zone" mean a zone on a highway identified by a traffic control device as an area wherein children may be expected to be on the highway or are permitted to cross the highway at a designated point along the highway. 97.

(1) A driver who is proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall drive (

a) in the right hand traffic lane then available for traffic, or (

b) as close as practicable to the right hand curb or edge of the roadway, except when overtaking and passing another vehicle travel ling in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.

(2) Where a traffic control device directs slow moving traffic to use a designated traffic lane, a driver when driv ing slowly shall drive in that lane only. 98.

(1) Subject to the other provisions of this Part, on a highway outside an urban area where there are two or more traffic lanes on the same side of the centre line for vehicles travelling in the same direction, a driver shall not drive in the traffic lane nearest the centre line unless he is driving at or near the maximum speed permitted. (2) Subsection (1) does not prohibit a slower moving vehicle from using the traffic lane nearest to the centre 35

97. Slow moving vehicles to keep to the right.

Section 6,6 (6, 8). Subclause (2) is new. 98. Vehicles not to drive in inner lane except at or near maxi mum speed.

Section 61 (3, 4). 35

line for the purpose of overtaking and passing another vehicle. 99.

(1) No driver shall drive at such a slow rate of speed as to impede or block the normal and reasonable movement of traffic then existing on a highway, except when it is necessary to do so for safe operation or to comply with this Part.

(2) No person shall drive (

a) on a highway, or (

b) in traffic, at a slower rate of speed than the minimum speed desig nated therefor by signs erected along the highway pursuant to

section 216.

(3) Where a driver drives contrary to this section, a peace officer may require him (

a) to increase his rate of speed, or (

b) to remove his vehicle from the roadway, or (

c) to drive in a different traffic lane, and if that person fails to obey the order of the peace officer he is guilty of a.n offence. Driving on Right Side of Roadway 100.

(1) No person ,shall drive to the left of the centre line of a highway except (

a) when overtaking and passing another vehicle trav elling in the same direction, or (

b) when the roadway to the right of the centre line is obstructed by a parked vehicle or other object, or (

c) when the roadway to the right of the centre line is closed to traffic, or (

d) when turning left off the highway into another highway or into a private road or driveway, or (

e) when a traffic control device otherwise requires or permits, or (

f) upon a one-way highway.

(2) Where a highway is <;livided into two or more road ways by a boulevard, ditch or other physical barrier, no person shall drive into, across or along the boulevard, ditch or physical barrier.

(3) No person shall drive across any boulevard, ditch or Ridewalk except at proper and lawful vehicular crossings provided therefor. 101. Where the condition of a

section of roadway is such that it is impractical or unsafe for two vehicles being driven in opposite directions to pass each other in a normal manner, 36

99. Travelling at too slow a speed.

Section 61 (1, 2). 100. Driving on right hand side of the road.

Section '66 (1), 67 (4) and 76 (9). 101. Meeting and passing oncoming vehicles.

Section 64. 36

(a) (

b) if a vehicle is being driven upon that section, another driver approaching that

section from the opposite direction shall stop before entering upon the

section and shall not proceed until the oncoming vehicle reaches and passes him, or if two vehicles are being driven upon that

section in opposite directions and meet thereon, each of the drivers shall immediately stop and before proceed ing to pass the other shall take all reasonable steps to learn whether he can do so with safety to himself and others, and, if required, each of the drivers shall assist the other to pass in safety. 102.

(1) On a highway: (

a) where double solid lines exist between traffic lanes, a driver shall not cross the double solid lines from one lane to another; (

b) where, in an urban area, a single solid line only exists between traffic lanes, a driver shall not cross the single solid line from one lane to another except when overtaking and passing another ve hicle; (

c) where, outside an urban area, a single solid line only exists between traffic lanes, a driver shall not cross the single solid line from one lane to another; (

d) where a single solid line and a broken line together exist between traffic lanes, a driver may cross the solid line from the lane in which the broken line is located and recross when overtaking and passing another vehicle; (

e) where one or more broken lines only exist between traffic lanes, a driver may cross the broken line or lines from one lane into another.

(2) Before driving from one traffic lane into another, a driver (

a) shall signal his intention to do so in the manner prescribed by the regulations, and (

b) shall give the signal in sufficient time to provide a reasonable warning to other persons of his in tentions.

(3) Notwithstanding subsection (1), a driver may cross a single or double solid line (

a) when necessary to turn left into a private road or driveway, or (

b) when necessary upon entering the highway from a private road or driveway, or (

c) when necessary to enter a parking lane on the right side of the centre line. 37

102. Rules for traffic lanes.

Section 67 (1, 2) in part and new. 37

(4) Notwithstanding anything in this section, a driver shall not (

a) drive from one traffic lane to another, or (

b) cross a solid or broken line when the movement cannot be made in safety. 103.

(1) On a three traffic lane highway, a driver shall not drive in the centre traffic lane except (

a) when passing another vehicle proceeding in the same direction, or (

b) when approaching an intersection where he intends to turn left, or (

c) when a traffic control device otherwise permits. (2) Subsection (1) does not apply to a one-way highway. 104. A driver shall drive on a one-way highway only in the direction designated by the signs on or along the highway. Following Other Vehicles 105.

(1) No driver shall follow another vehicle more closely than is reasonable and prudent, havirig due regard for the speed of the vehicleE;, and the amount and nature of traffic upon and the condition of the highway.

(2) The driver in a caravan or motorcade, other than a funeral procession, on a highway outside an urban area, hamlet or a built-up area along the highway, shall leave sufficient space between his vehicle and another vehicle or combination of vehicles to enable a vehicle to enter and occupy that space without danger. Overtaking and Passing 106.

(1) A driver shall not pass or attempt to pass another vehicle travelling in the same direction (

a) when proceeding uphill, or (

b) when on a curve in the highway, or (

c) when approaching within 100 feet of or traversing a level railway crossing, unless a traffic control device otherwise directs or permits. (2) Subsection (1) does not apply where there are two or more traffic lanes on the same side of the centre line for vehicles proceeding in that direction, and the driver desir ing to pass can do so by continuing to drive on the right hand side of the centre line.

(3) Notwithstanding subsection (1), where a curve or grade on a highway is divided into traffic lanes by a broken line or by a broken line and a solid line existing together, a 38

103. 'Three-lane highways.

Section 67 (1) (f). 104. One-way highways.

Section 75 (3). 105. Rules for following vehicles.

Section B6a. 106. Passing on hills and curves.

Section 65. 38

driver may pass on the curve or grade if he crosses the s'Olid line fr'Om the lane in which the broken line exists. 107. A driver shall not drive to or upon the left of the centre line of a highway in overtaking and passing another vehicle or an obstruction unless (

a) the left side is clearly visible, and (

b) is free of oncoming and overtaking traffic, f'Or a sufficient distance to permit overtaking and passing to be c'Ompletely made without interfering with the safe operation of another vehicle. 108.

(1) Subject to

section 109, a driver overtaking another vehicle (

a) shall pass to the left of the other vehicle at a safe distance, and (

b) shall not return to the right side of the roadway until safely clear of the overtaken vehicle.

(2) Except when overtaking and passing on the right is permitted, a driver being overtaken by another vehicle (

a) shall give way to the right in favour 'Of the over taking vehicle, and (

b) shall not increase his speed until completely passed by the 'Overtaking vehicle. 109.

(1) A driver may overtake and pass on the right of another vehicle (

a) when the vehicle overtaken is making a left turn or its driver has signalled his intention to make a left turn, or (

b) upon a one-way highway where the roadway is of sufficient width for two or more lines of moving vehicles and is free from obstructions.

(2) On a highway where there are two or more traffic lanes on the same side of the centre line for vehicles trav elling in the same direction: (

a) a driver overtaking another vehicle travelling in the same direction, may pass on the right or left of the other vehicle if there is a lane available for passing to the right or the left of the lane being used by the overtaken vehicle; (

b) a driver being overtaken by another vehicle trav elling in the same direction shall remain in the lane in which he is driving so as to allow the overtaking vehicle free passage in the lane to the right or the left of the lane in which the overtaken driver is travelling. 39

107. Oncoming vehicles not: to be endangered when passing.

Section 66 (3). 108. Manner of overtaking and passing.

Section 66 (2, 4), 67 (1) (k). 109. Passing on the right.

Section ,67 (1) (h), (k), (

i) subclause. 39

110. Notwithstanding anything in this Part, a driver shall not overtake and pass or attempt to overtake or to pass another vehicle (

a) when the movement cannot be made safely, or (

b) by driving off the roadway, or (

c) by driving in a parking lane. Turns 111. Before turning a vehicle to the left or right the driver (a) (

b) shall signal his intention to do so in such manner as may be prescribed by the regulations, and shall give the signal in sufficient time to provide a reasonable warning to other persons of the inten tion of the driver. 112.

(1) A driver intending to turn right from a two way highway onto another two-way highway shall make the turn (

a) by driving as closely as practicable to the right curb or edge of the roadway while approaching the inter

section and turning, and (

b) upon leaving the intersection by driving as closely as practicable to the right curb or edge of the road way then entered, unless a traffic control device otherwise directs or permits.

(2) A driver intending to turn right to enter or leave a one-way highway shall drive as closely as practicable to the right curb or edge of the roadway when entering and leaving the intersection, unless a traffic control device otherwise directs or permits.

(3) On a laned highway, a driver approaching an inter

section and intending to turn right (

a) shall drive in the traffic lane nearest to the right hand side of the roadway, and (

b) may pass any other vehicle travelling in the same direction in a lane to his left, unless a traffic control device otherwise directs or permits.

(4) A driver approaching an intersection and intending to turn right shall, wherever practicable, drive his vehicle into the position required by this

section at least 50 feet before reaching that intersec,tion. 113.

(1) A driver intending to turn left from a two-way highway onto another two-way highway shall make the turn 40 (

a) by driving to the right of and as closely as prac ticable to the centre line of the highway while approaching the intersection and turning, and

110. Passing restrictions.

Section 66 (9), 67 (3). Ill. Signalling turns.

Section 71. 112. Right turns.

Section 73, 75 (1) (b), 67 (1) (e). 113. Left turns.

Section 74 (1), 75 (1) (a). 67 (1) (d). 40

(

b) upon leaving the intersection by driving to the right of and as closely as practicable to the centre line of the highway then entered, unless a traffic control device otherwise directs or permits.

(2) A driver intending to turn left from a two-way high way onto a one-way highway shall make the left turn (

a) by driving to the right of and as closely as prac ticable to the centre line of the two-way highway where it enters the intersection, and (

b) upon leaving the intersection by driving as closely as practicable to the left hand side of the one-way highway entered, unless a traffic control device otherwise directs or permits.

(3) A driver intending to turn left from a one-way high way onto a two-way highway shall make the left turn (

a) by driving as closely as practicable to the left side of the one-way highway where it enters the inter section, and (

b) upon leaving the intersection by driving to the right of and as closely as practicable to the centre line of the two-way highway entered, unless a traffic control device otherwise directs or permits.

(4) A driver intending to turn left from a one-way high way onto another one-way highway shall make the left turn (

a) by driving as closely as practicable to the left hand side of the one-way highway where it enters the intersection, and (

b) upon leaving the intersection by driving as closely as practicable to the left hand side of the other one-way highway entered, unless a traffic control device otherwise directs or permits.

(5) On a laned highway, a driver approaching an inter

section and intending to turn left shall drive in the left hand traffic lane available to traffic moving in the direction of travel of his vehicle, unless a traffic control device other wise directs or permits.

(6) A driver approaching an intersection and intending to turn left shall, wherever practicable, drive his vehicle into the position required by this

section at least 50 feet before reaching that intersection. 114. On a laned highway when a traffic lane is marked by a traffic control device (

a) showing a directional arrow or arrows without any accompanying words, or (

b) showing a directional arrow or arrows in com bination with the word "only", or 41

114. Directional arrows controlling movement. New-see

section 75 (2). 41

(

c) showing the words "left turn only", "through only" or "right turn only" , a driver travelling in that lane may make only the move ment indicated by the traffic control device at the intersec tion or other place to which the traffic control device applies. U-Turns 115.

(1) A driver shall not turn his vehicle so as to proceed in the opposite direction unless he can do so without interfering with other traffic.

(2) A driver shall not turn his vehicle so as to proceed in the opposite direction (

a) upon a curve, or (

b) upon the approach to or near the crest of a grade where his vehicle cannot be seen by the driver of another vehicle approaching from either direction within 500 feet.

(3) In an urban area a driver shall not turn his vehicle so as to proceed in the opposite direction (

a) on a roadway between intersections, or (

b) at a place where a sign prohibits making a V-turn, or ; . <i ';,1 (

c) at an intersection controlled by a traffic control signal, or (

d) at a lane intersection, or (

e) at any other intersection unless the movement can be made in safety. 116.

(1) The driver of a school bus shall not make a U-turn on any highway other than a four-lane divided high way.

(2) The driver of a school bus shall not make a V-turn on a four-lane divided highway if the total length of the school bus exceeds the shortest distance separating the traffic lanes for traffic proceeding in one direction from the traffic lanes for traffic proceeding in the opposite direction.

(3) The driver of a school bus making a V-turn on a four-lane divided highway shall, hefore completing the turn, bring the school bus to a stop on the cross-road so that no part of the bus projects over the traffic lanes on either side of the centre strip of the divided highway. Backing 117. No person shall back up a motor vehicle unless the movement can be made (

a) in safety, and 42

liS. U-turns. New. 116. U-turns by school buses.

Section 79a. 117. Backing up. New. 42

(

b) without interfering with other traffic on the high way. Yielding and Stopping 118.

(1) Except as otherwise provided in this Part, when two vehicles approach or enter an intersection from differ ent highways at approximately the same time, the driver of the vehicle to the left shall yield the right of way to the vehicle on the right.

(2) A driver approaching an intersection shall yield the right of way to any vehicle that has entered the inter

section from another highway.

(3) A driver intending to turn to the left across the path of any vehicle approaching from the opposite direction may make such left turn only if he affords a reasonable opportunity to the driver of the other vehicle to avoid a collision. 119. Before stopping a vehicle the driver (

a) shall signal his intention to do so in such manner as may be prescribed by the regulations, and (

b) shall give the signal in sufficient time to provide a reasonable warning to other persons of the inten tion of the driver. 120.

(1) A driver about to enter upon (

a) a primary highway or street from a road, alley, lane or driveway, or (

b) an alley, lane or private road from a driveway, shall, unless the intersection of the two roadways is marked with a "yield" sign, bring his vehicle to a stop (

c) before entering upon the intersecting roadway and at a point no further than 10 feet from the intersecting roadway, or (

d) if there is a marked crosswalk on the near side of the intersection, immediately before entering upon the crosswalk, or (

e) if there is a marked stop line on the near side of the intersection, at the stop line.

(2) Notwithstanding subsection (1) (

a) a driver emerging from any lane or driveway shall stop his vehicle before driving onto a sidewalk crossing and shall yield the right of way to any pedestrian on the sidewalk or sidewalk crossing, and (

b) a driver entering any lane or driveway shall yield the right of way to any pedestrian on a sidewalk or sidewalk crossing. 43

118. Right of way at intersections. S'ection 72 (1),74 (3). 119. Signalling stops.

Section 71. 120. Stopping or entering one class of highway from another.

Section 76 (1, 2, 8). 43

(3) In this

section "street" means a street within the meaning of The Public Highways Development Act. 121.

(1) A driver about to enter upon (

a) any highway from a highway that is marked by a Ustop" sign, or (

b) any intersection that is marked by a "stop" sign as an intersection at which vehicles are required to stop when entering the intersection from a par ticular highway, shall bring his vehicle to a stop (

c) before entering upon the intersecting roadway and at a point no further than 10 feet from the inter secting roadway, or (

d) if there is a marked crosswalk on the near side of the intersection, immediately before entering upon the crosswalk, or (

e) if there is a marked stop line on the near side of the intersection, at the stop line.

(2) In a prosecution for contravening this section, the existence of a sign indicating "stop" is prima facie proof that the sign was properly designated and erected by the proper authority without other or further proof thereof. 122. Where a driver is required to stop pursuant to

section 120 or 121, (

a) he shall not proceed until the condition of the traffic upon the highway being entered upon is such that he can enter thereon in safety, and (

b) he shall yield the right of way to all traffic ap proaching thereon. 123.

(1) A driver about to enter upon a highway that is marked by a "yield" sign need not stop his vehicle before entering thereon but he shall yield the right of way to all traffic upon the highway being entered upon.

(2) In a prosecution for contravening this section, the existence of a sign indicating "yield" is prima facie proof that the sign was properly designated and erected by the proper authority without other or further proof thereof. 124. Unless otherwise directed by a sign, a driver travelling in a traffic circle shall yield the right of way to any other vehicle that is travelling to his left in the circle. 125.

(1) A driver shall yield the right of way to a pedestrian crossing the roadway within a crosswalk.

(2) Whenever any vehicle is stopped at a crosswalk to permit a pedestrian to cross the roadway, any other driver 44

121. Stop signs.

Section 76 (3, 10). 122. Proceeding after stop.

Section 76 (4). 123. Yield signs.

Section 72 (2), 76 (5, 10). 124. Traffic circles.

Section 72 (3). 125. Yielding to pedestrians.

Section 83 (2, 4, 5, 6). 44

approaching from the rear shall not overtake and pass the stopped vehicle.

(3) At any place upon a roadway other than at a cross walk the driver of a vehicle has the right of way over pedestrians, unless otherwise directed by a peace officer or a traffic control signal, but nothing in this subsection relieves a driver from the duty of exercising due care for the safety of pedestrians. 12-6.

(1) A driver meeting or being overtaken or being approached from the right or left by a vehicle on which a siren is being sounded shall bring his vehicle to a stop at the extreme right of the roadway and shall remain stopped until the vehicle sounding the siren has passed.

(2) On a one-way highway where there are more than two traffic lanes a driver meeting or being overtaken or being approached from the right or left by a vehicle on which a siren is being sounded, shall drive his vehicle as close as practicable to either the right or left of the road way whichever is nearer, and shall bring his vehicle to a stop and shall remain stopped until the vehicle sounding its siren has passed. (3) Subsections (1) and (2) do not operate so as to relieve the driver of an authorized emergency vehicle from the duty of driving with due regard to the safety of all persons using the highway. 127.

(1) At a railway crossing at any time when (

a) a clearly visible electrical or mechanical signal device gives warning of the approach of a railway train, or (

b) a crossing gate is lowered or a flagman is giving a signal of the approach or passage of a railway train, or (

c) a railway train within approximately 1500 feet of the crossing is approaching the crossing and either sounds an audible signal or is visible, or (

d) a railway train is visible and approaching the cross ing and by reason of its speed or nearness is an immedia te hazard, a driver approaching the railway crossing (

e) shall stop his vehicle no closer than 15 feet from the nearest rail of the railway, and (

f) shall not proceed until the train (

i) has passed by the railway crossing, or (ii) has come to a stop and he can do so safely.

(2) No person shall drive through, around or under a crossing gate or barrier at a railway crossing while the ga te or barrier is closed or is being opened or closed. 45

126. Yielding to vehicle with siren.

Section 69 (2, 2a, 3). 127. Railway crossings.

Section 80. 45

(3) Where a st?P sign is ,erected at ~ railway crossing, a driver approachIng the raIlway crossIng (

a) shall stop his vehicle (

i) no closer than 15 feet, and (ii) no further than 50 feet, from the nearest rail of the railway, and (

b) shall not proceed until he can do so safely.

(4) In the case of (

a) a vehicle carrying passengers for compensation, or (

b) a school bus, or (

c) a vehicle carrying explosive substances as cargo, or (

d) a vehicle used for carrying flammable liquids or gas, whether or not it is then empty, a driver of such a vehicle approaching a railway crossing, (

e) shall stop his vehicle (

i) no closer than 15 feet, and (ii) no further than 50 feet from the nearest rail of the railway, and (

I) remaining stopped, shall look and listen in both directions along the railway for an approaching train and for signals indicating the approach of a train, and (

g) shall not proceed until he can do so safely. ( 5) When a driver of a school bus has stopped as re quired by subsection (4) and before proceeding he shall for the purposes of subsection (4) also open the front door and, where practicable to do so with one hand, open the window immedia tely to his left.

(6) Where a driver has stopped and is proceeding as required in subsection (4), he shall cross the railway track in a gear that he will not need to change while crossing the track and he shall not shift gears while crossing the track. (7) Subsections (4), (5) and (6) do not apply (

a) where a peace officer or a traffic control device directs traffic to proceed, or (

b) if the railway crossing is provided with a signal device to indicate the approach of a train, when the signal device is not indicating the approach of a train. (8) Subsections (4), (5) and (6) do not apply to rail way crossings within a city. 128.

(1) When a vehicle bearing the sign "school bus" has stopped on a highway outside an urban area to receive or discharge passengers or while the vehicle is displaying 46

128. Stopped school buses.

Section 79. 46

alternately flashing red lights, a driver approaching the school bus (

a) from the rear, if the highway is a four-lane divided highway, or (

b) from either direction, if the highway is a two-lane highway or a four-lane undivided highway, shall stop before reaching the school bus.

(2) A person who is required by subsection (1) to stop before reaching a school bus shall not proceed to pass the school bus (

a) until the school bus resumes motion, or (

b) until the driver of the school bus indicates by a signal that he may proceed, or (

c) where the school bus is displaying alternately flashing red lights, until the lights stop flashing. Traffic Lights 129.

(1) When a green light alone is shown at an inter

section by a traffic control signal the driver of a vehicle facing the green light (

a) may proceed straight through the intersection or may turn left or right, subject to a sign or signal prohibiting such a left or right turn, or both, or designating the turning movement permitted, (

b) shall yield the right of way to pedestrians lawfully within the intersection or within an adjacent cross walk a.t the time the green light is shown, and (

c) shall, if turning left or right, yield the right of way to other vehicles lawfully within the intersection at the time the green light is shown.

(2) When a green light alone is shown at a place other than an intersection by a traffic control signal the driver of a vehicle facing the green light (

a) may proceed to pass the signal, and (

b) shall yield the right of way to any pedestrian still in the roadway or on a crosswalk, if any, in the vicinity of the signal when the green light is shown.

(3) When a green arrow is shown at an intersection by a traffic control signal the driver of a vehicle facing the green arrow may enter the intersection and make only the movement indicated by the green arrow, but shall yield the right of way (

a) to pedestrians lawfully within the intersection or wi thin an adj acen t crosswalk, and (

b) to other vehicles la.wfully within the intersection.

(4) When a green arrow and a red light are shown at the same time at an intersection by a traffic control signal 47

129. Green traffic lights.

Section 75a (2) (a), (3) (a), (8) (a), (9) (a, b), (19). Subclause (5) is new. 47

(

a) the driver of a vehicle approaching the intersection and facing the green arrow and red light may, without stopping, cautiously enter the intersection and make only the movement indicated by the green arrow, and (

b) the driver of the vehicle shall yield the right of way to pedestrians lawfully within the intersection or within an adjacent crosswalk and to other vehicles lawfully within the intersection.

(5) Where rapid intermittent flashes of green light are shown at an intersection by a traffic control signal together with a sign or symbol indicating that it is an advanced light, the driver of a vehicle facing the flashes of green light (

a) has the right of way over any vehicles facing him across the intersection and may enter the intersec tion and turn left, or (

b) may proceed straight through the intersection or turn right, while the light is flashing, but he shall yield the right of way to pedestrians lawfully within the intersection or within an adj acent crosswalk and to other vehicles lawfully within the intersection at the time the flashing green light is shown.

(6) This

section does not apply so as to prohibit a bus that forms part of the municipal bus system of a munici pality turning at an intersection in the direction deter mined by the proper transportation officials of the muni cipality. 130.

(1) When a yellow light is shown at an intersection by a traffic control signal at the same time as or follow ing the showing of a green light the driver of a vehicle approaching the intersection and facing the yellow light shall stop before entering the marked crosswalk on the near side of the intersection or, if there is no such marked cross walk, then before entering the intersection, unless such a. stop cannot be made in safety.

(2) When a yellow light is shown at a place other than an intersection by a traffic control signal at the same time as or following the showing of a green light the driver of a vehicle approaching the signal shall stop before reaching the signal or before entering the nearest crosswalk, if any, in the vicinity of the signal, unless such a stop cannot be made in safety.

(3) When rapid intermittent flashes of yellow light are shown at an intersection by a traffic control signal the driver of a vehicle facing the flashes of yellow light may enter the intersection and proceed only with caution, but shall yield the right of way to pedestrians lawfully within the intersection or an adjacent crosswalk and to other vehicles lawfully within the intersection. 48

130. Yellow traffic light-so

Section 75a (4) (a), (5) (a), (12) (a), (13) (a), (14). 48

(4) When rapid intermittent flashes of yellow light are shown at a place other than an intersection by a traffic control signal the driver of a vehicle approaching the signal may pass the signal only with caution and shall yield the right of way to pedestrians in the roadway or on a cross walk, if any, in the vicinity of the signal.

(5) When rapid intermittent flashes of yellow light are shown at an intersection or other place together with a sign reading or symbol indicating "school zone", "school crossing", "pedestrian crossing", "pedestrian zone" or other wording or symbol indicating a pedestrian hazard, the driver of a vehicle approaching the signal (

a) shall cross the intersection or pass the sign, if at a place other than an intersection, only with extreme caution and shall in no case cross the intersection or pass the sign at a greater rate of speed than 20 miles an hour, and (

b) shall yield the right of way to pedestrians in the intersection or on the roadway in the vicinity of the sign, as the case may be. 131.

(1) When a red light alone is shown at an inter

section by a traffic control signal the driver of a vehicle approaching the intersection and facing the red light (

a) shall stop before entering the marked crosswalk on the near side of the intersection or, if there is no such marked crosswalk, then before entering the intersection, and (

b) shall not proceed until a traffic control signal in- structs him that he is permitted to do so, except that, unless a traffic control device prohibits a right turn to be made on the red light, he may turn and proceed right at the intersection but only after stopping and after yielding the right of way to all vehicles and pedestrians in the intersection.

(2) When a red light is shown at a place other than an intersection by a traffic control signal the driver of a vehicle approaching the signal shall stop before reaching the signal or before entering the nearest crosswalk, if any, in the vicini ty of the signal.

(3) When rapid intermittent flashes of red light are shown at an intersection by a traffic control signal the driver of a vehicle approaching the intersection and facing the flashes of red light (

a) shall stop before entering the marked crosswalk on the near side of the intersection or, if there is no such marked crosswalk, then before entering the intersection, and (

b) shall not proceed until it is safe to do so. 49

131. Red traffic lights.

Section 75a (6) (

a) amended to permit right turns, (7) (a), (10) (a), (11) (a). 49

(4) When rapid intermittent flashes of red light are shown at a place other than an intersection by a traffic control signal the driver of a vehicle approaching the signal (

a) shall stop before reaching the signal or before entering the nearest crosswalk, if any, in the vicinity of the signal, and (

b) may, after having stopped, proceed to pass the signal and the crosswalk, if any, only if conditions of pedestrian traffic in the roadway or a crosswalk, if any, in the vicinity of the signal are such that the vehicle can do so with safety. Use of Headlights 132. At any time during the night time hours or at any other time when, due to insufficient light or unfavour able atmospheric conditions, objects are not clearly dis cernible on the highway at a. distance of 500 feet ahead: 50 (

a) no motor vehicle or tractor or self-propelled imple ment of husbandry shall be in motion on a high way unless both headlamps are alight and are pro viding sufficient light to make objects on the high way clearly visible, (

i) in the case of a motor vehicle at distances speci fied in

section 50, 52 or 53, as the case may be, and (ii) in the case of a tractor or self-propelled imple ment of husbandry at distances specified in

section 54; (

b) no motor cycle or bicycle shall be in motion upon a highway unless the lamp or lamps with which it is required to be equipped are alight; (

c) no motor vehicle or tractor or self-propelled imple ment of husbandry or trailer shall be in motion upon a highway unless the tail lamps with which it is required to be equipped are alight; (

d) no motor vehicle or tractor or self-propelled imple ment of husbandry shall be stationary on a highway outside the corporate limits of any city, town or village unless either (

i) the tail lamps with which it is required to be equipped are alight, or (ii) it has affixed thereto reflectors of any type approved by the regulations and so fixed as to reflect the lights of any motor vehicle ap proaching the stationary vehicle from the rear; (

e) no vehicle other than a motor vehicle, trailer, motor cycle or bicycle shall be upon any highway whether in motion or stationary unless (

i) there is displayed thereon at least one light visible at a distance of at least 100 feet from the front of and behind that vehicle, or

132. Use of headlights.

Section 46. 50

(f) (g) (h) (ii) there are affixed thereon reflectors towards the front and reflectors at the rear thereof of a type approved by the regulations, the ones at the front so affixed as to reflect the lights of any motor vehicle approaching from the front and the ones at the rear so affixed as to reflect the lights of any motor vehicle approach ing from the rear; no trailer shall be upon any highway unless it has at the rear thereof two reflectors (

i) of a type approved by the regulations, and (ii) affixed as prescribed by the regulations so as to reflect the lights of any motor vehicle ap proaching from the rear; no trailer having a width at any part, including a load thereon, in excess of. 80 inches and drawn by or attached to a motor vehicle, shall be upon any high way unless it has affixed in conspicuous positions, as near the top as practical, at least one lighted amber clearance light on each side of the front and at least one lighted red clearance light on each side of the rear; no self-propelled mobile home having a width at any part, including the load thereon, in excess of 80 inches, shall be in motion upon any highway unless it has affixed in conspicuous positions, as n

Document details

Collection	Alberta — Bills
Citation	L15 S5 1206
Type	bill
Volume / chapter	L15 S5 1206
Language	en
Format	json
Source	PROVINCIAL
Identifier	bfe4dc3ebbe9dc3a34c962a64554adb439692d15

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