Third

Session, 48th General Assembly

Elizabeth II, 2018

BILL 23

AN ACT T O AMEND THE HIGHWAY TRAFFIC ACT

Received

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

Second

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

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

Third

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

Royal

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

HONOURABLE SHERRY

GAMBIN-WALSH

Minister of Service

Newfoundland and Labrador

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Highway Traffic Act to

introduce licence suspensions

for driving while the proportion of drugs, or a combination of drugs and

alcohol, in a driver's body or blood meets or exceeds certain proportions;

add regulation making authority

to impound vehicles where a person drives while the proportion of drugs, or a combination

of drugs and alcohol, in his or her body or blood meets or exceeds certain

proportions; and

correct an error.

A BILL

AN ACT TO AMEND THE

HIGHWAY TRAFFIC ACT

Analysis

1. Ss.60.001 to 60.005 Added

60.001 Request for

surrender of driver's licence at roadside

60.002 Request for

surrender at

roadside

60.003 Periods of

suspension

60.004 Periods of

suspension

60.005 Legal use of drug

for medical purpose

S.60.01 Amdt.

Request for surrender of drivers licence at roadside

S.60.02 Rep.

Request for surrender at roadside

S.60.03 Amdt.

Periods of suspension

S.60.04 Amdt.

Periods of suspension

S.60.05 Added

Suspensions generally

S.60.3 Amdt.

Removal of vehicle

S.60.5 Amdt.

Screening accompanying driver

S.60.6 Amdt.

Appeal of 90 day suspension

S.186 Amdt.

Regulations

11. Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cH-3

as amended

1. The Highway

Traffic Act is amended by adding immediately after

section 60 the

following:

Request for surrender

of driver's licence at roadside

60.001 Where,

upon demand of a peace officer under

section 254 of the Criminal Code , a

(

a) driver of a motor vehicle;

(

b) person who has care or control of a motor

vehicle;

(

c) novice driver of a motor vehicle; or

(

d) novice driver who has care or control of a

motor vehicle

fails or refuses to comply with the

demand, the peace officer shall request the person referred to in paragraph

(a), (b), (

c) or (

d) to surrender his or her driver's licence, and that person

shall immediately surrender his or her driver's licence.

Request for surrender

of driver's licence at roadside

60.002

(1) Where

a peace officer has reasonable grounds to believe that the ability of a

(

a) driver of a motor vehicle;

(

b) person who has care or control of a motor

vehicle;

(

c) novice driver of a motor vehicle; or

(

d) novice driver who has care or control of a

motor vehicle

to operate a motor vehicle is impaired by

a drug, or a combination of a drug and alcohol, the peace officer shall request

the person referred to in paragraphs (a), (b), (

c) or (

d) to surrender his or

her driver's licence and that person shall immediately surrender his or her driver's

licence.

(2) Where, upon demand of a peace officer made under

section 254 of the Criminal Code , a

(

a) driver of a commercial motor vehicle;

(

b) person who has care or control of a commercial

motor vehicle;

(

c) driver of a motor vehicle who is under 22

years of age;

(

d) person who has care or control of a motor vehicle

who is under 22 years of age;

(

e) novice driver of a motor vehicle; or

(

f) novice driver who has care or control of a

motor vehicle

provides a sample of a bodily substance

which, on analysis by approved drug screening equipment as defined in

section

254 of the Criminal Code , indicates

the presence of a drug in his or her body as prescribed by the regulations, the

peace officer shall request a person referred to in paragraphs (a), (b), (c),

(d), (

e) or (

f) to surrender his or her driver's licence, and that person shall

immediately surrender his or her driver's licence.

Periods of suspension

60.003

(1) Upon

a request being made under subsection 60.002(1), whether or not the driver or

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

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

privileges are suspended

(

a) for a period of 7 days from the time the request

is made, where the peace officer has reasonable grounds to believe that the

ability of the driver or person who has care or control of a motor vehicle is

impaired by a drug, or a combination of a drug and alcohol, or where he or she

fails or refuses to comply with a demand under

section 254 of the Criminal Code ; and

(

b) for a period of 90 days beginning on the fourteenth

day after the expiry of the 7 day suspension, where he or she fails or refuses

to comply with a demand made on him or her under

section 254 of the Criminal Code .

(2) Upon a request being made under

section 60.001

or 60.002, whether or not the driver or person who has care or control of a

motor vehicle surrenders his or her driver's licence to the peace officer, his

or her driver's licence or driving privileges are suspended

(

a) for a period of 7 days from the time the request

is made, where he or she is a driver or person referred to in paragraph 60.002(2)(a),

(b), (

c) or (

d) and he or she fails or refuses to provide a sample of the

requested bodily substance or where the presence of a drug is indicated as

prescribed by the regulations; and

(

b) for a period of 90 days beginning on the

fourteenth day after the expiration of the 7 day suspension, where he or she

fails or refuses to provide a sample of the requested bodily substance.

(3) Upon a request being made under

section 60.001

or 60.002, and whether or not the novice driver or the novice driver who has

care or control of a motor vehicle surrenders his or her driver's licence to

the peace officer, where he or she fails or refuses to provide a sample of the

requested bodily substance or where the presence of a drug is indicated as

prescribed by the regulations, his or her driver's licence or driving

privileges shall be considered to be suspended for a period of

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

is made under

section 60.001 or 60.002;

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

request is made under

section 60.001 or 60.002; and

(c) 6 months for a subsequent occasion upon which

a request is made under

section 60.001 or 60.002

and, following the expiry of a suspension

under paragraphs (a), (

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

his or her driver's licence reinstated beginning at the start of the level and

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

driver's licence was suspended subject to a fee and in accordance with

conditions and requirements which the registrar may impose upon the licence.

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

being made under

section 60.001 or 60.002, whether or not the novice driver or

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

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

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

or refuses to comply with a demand made under

section 254 of the Criminal Code , and the procedure for

reinstatement set out in subsection (3) applies.

(5) It shall be presumed, in the absence of

evidence to the contrary, that approved drug screening equipment issued for the

purpose of subsection 60.002(2) has been calibrated to correctly indicate the

proportion of drugs in a person's body.

Periods of suspension

60.004

(1) Where, upon demand of a peace officer made under

section 254

of the Criminal Code , a driver or a

person who has care or control of a motor vehicle provides a sample of a bodily

substance which on analysis indicates that the proportion of a drug, or a

combination of a drug and alcohol, in his or her body or blood at the time the

sample was given met or exceeded the proportion of that drug or the combination

of that drug and alcohol prescribed by the regulations, his or her driver's

licence or driving privileges are suspended for a period of 90 days beginning

on the fourteenth day following his or her receipt of a copy of the certificate

of analysis.

(2) The procedure for reinstatement set out in subsection

60.003(3) applies to a novice driver or novice driver who had care and control

of a motor vehicle following

the expiry of a suspension under subsection (1).

Legal use of drug

for medical purpose

60.005 Where

a peace officer requests the surrender of the driver's licence under

section

60.001 or 60.002 from a

(

a) driver of a commercial motor vehicle;

(

b) person who has care or control of a commercial

motor vehicle;

(

c) driver of a motor vehicle who is under 22

years of age;

(

d) person who has care or control of a motor vehicle

who is under 22 years of age;

(

e) novice driver of a motor vehicle; or

(

f) novice driver who has care or control of a

motor vehicle

and the peace officer is satisfied that

the person is legally authorized to use a drug for medical purposes, subsection

60.002(2) does not apply to the person solely on the basis of the presence of

that drug.

(1) Paragraph 60.01(2)(a.1) of the Act is

repealed and the following substituted:

(a.1) a driver or person who has care or control of

a motor vehicle who is under 22 years of age and not a novice driver is more

than 0 milligrams of alcohol in 100 millilitres of blood; and

(2) Subsection 60.01(7) of the Act is repealed.

Section 60.02 of the Act is repealed.

(1) Subsection 60.03(2) of the Act is repealed.

(2) Subsection 60.03(3) of the Act is amended by

deleting the words "subsection 60.01(1), (5) or (7) or

section 60.02"

wherever they appear and substituting the words "section 60.001 or subsection

60.01(1) or (5)".

(3) Subsection 60.03(5) of the Act is repealed.

5. Subsections 60.04(3) to (6) of the Act are

repealed.

6. The Act is amended by adding immediately after

section

60.04 the following:

Suspensions generally

60.05

(1) A

7 day suspension shall be served concurrently with a prior unexpired

suspension.

(2) A 90 day suspension shall be served concurrently

with a suspension under

section 65 and consecutively to another unexpired

suspension.

(3) Where under

section 60.001, 60.002, 60.003,

60.004, 60.01 or 60.1 a driver's licence or driving privileges are suspended,

the peace officer who requested the surrender of the driver's licence shall

(

a) keep a record of the driver's licence or

driving privileges suspended with the name and address of the driver, novice

driver or person or novice driver who has care or control of the motor vehicle;

(

b) provide the driver, novice driver or person or

novice driver who has care or control of the motor vehicle whose driving

privileges are suspended with a notice which shall include the time from which

the suspension takes effect, the length of the period during which his or her driver's

licence is suspended, if known, and shall indicate that the registrar shall

inform the novice driver or novice driver who has care or control of the motor

vehicle of when he or she may apply for a driver's licence and that notice

shall, where the driver, novice driver or person or novice driver who has care

or control of the motor vehicle surrenders his or her driver's licence,

constitute a receipt of that driver's licence; and

(

c) notify the registrar of the suspension of the driver's

licence or driving privileges.

(4) Upon the termination of a 7 day suspension

under

section 60.003, 60.03 or 60.04, the driver's licence shall, if it was

surrendered to a peace officer, be returned to the licensee at the address

shown on the driver's licence or to another address requested by the licensee.

7. Subsection 60.3(1) of the Act is repealed and

the following substituted:

Removal of

vehicle

60.3

(1) Where,

under sections 60.001 to 60.04 and 60.1, the driver's licence or driving privileges

of a driver are suspended, and the motor vehicle which the driver was driving

at the time is in a location from which, in the opinion of the peace officer

who requested the surrender of the driver's licence or driving privileges, it

should be removed, and there is no person with a driver's licence easily

available to remove the motor vehicle with the consent of the driver, the peace

officer may remove the motor vehicle or cause it to be removed to a nearby area

where parking is permitted and notify the driver of its location.

(1) Subsection 60.5(1) of the Act is

repealed and the following substituted:

Screening accompanying

driver

60.5

(1) Where

a peace officer has brought a novice driver to a stop under the authority of

this Act, and the peace officer reasonably suspects that the accompanying driver

has alcohol or drugs in his or her body, the peace officer may demand that the

accompanying driver immediately provide a sample of breath or a bodily

substance into an approved screening device or approved drug screening equipment

as defined in

section 254 of the Criminal

Code as if he or she was the person operating the motor vehicle.

(2) Section 60.5 of the Act is amended by adding

immediately after subsection (2.1) the following:

(2.2) Where, upon demand of a peace officer made

under subsection (1), an accompanying driver fails or refuses to provide a

sample of a requested bodily substance or provides a sample of a requested

bodily substance which on analysis by approved drug screening equipment, as defined

section 254 of the Criminal Code ,

indicates the presence of a drug in his or her body as prescribed by the

regulations, the peace officer may direct the novice driver not to drive a

motor vehicle on a highway while an accompanying driver's body has the presence

of a drug as prescribed by the regulations and shall request that the accompanying

driver surrender his or her driver's licence.

(3) Subsection 60.5(5.1) of the Act is repealed

and the following substituted:

(5.1) Upon a request being made under subsection

(2.1), (2.2) or (3.1), whether or not the accompanying driver surrenders his or

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

driving privileges are suspended

(

a) for a period of 7 days from the time the request

is made where the peace officer has reasonable grounds to believe that the

ability of the accompanying driver is impaired by a drug, or a combination of a

drug and alcohol, where the presence of a drug is indicated as prescribed by

the regulations or where he or she fails or refuses to comply with a demand

under

section 254 of the Criminal Code ;

and

(

b) for a period of 90 days beginning on the fourteenth

day after the expiry of the 7 day suspension where the accompanying driver

fails or refuses to comply with a demand made on him or her under

section 254

of the Criminal Code .

(4) Section 60.5 of the Act is amended by adding

immediately after subsection (5.3) the following:

(5.4) Where, upon demand of a peace officer made

under

section 254 of the Criminal Code ,

an accompanying driver provides a sample of a bodily substance which on

analysis indicates that the proportion of a drug, or a combination of a drug

and alcohol, in his or her body or blood at the time the sample was given met

or exceeded the proportion of that drug or the combination of that drug and

alcohol prescribed by the regulations, his or her driver's licence or driving

privileges are suspended for a period of 90 days beginning on the fourteenth

day following his or her receipt of a copy of the certificate of analysis.

(5) Section 60.5 of the Act is amended by adding

immediately after subsection (6) the following:

(7) Where a peace officer requests the surrender

of the accompanying driver's licence under this

section and the peace officer

is satisfied that the accompanying driver is legally authorized to use a drug

for medical purposes, subsection (2.2) does not apply to him or her solely on

the basis of the presence of that drug.

9. Subsection 60.6(1) of the Act is repealed and

the following substituted:

Appeal of 90 day

suspension

60.6

(1) A

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

days under

section 60.003, 60.004, 60.03, 60.04 or 60.5 may appeal the

suspension to the registrar where he or she

(

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

sample of his or her breath, blood or bodily substance was made; or

(

b) failed or refused to comply with a demand for

a sample of his or her breath, blood or bodily substance because he or she was

unable to do so for medical reasons.

10. (1) Subsection 186(1) of the Act is

amended by adding immediately after paragraph (

g) the following:

(g.01) prescribing the proportion of a drug in a

person's body that constitutes a presence for the purpose of this Act;

(g.02) prescribing the proportion of a drug in a

person's body or blood that is prohibited for the purpose of this Act;

(2) Paragraph 186(1)(i.2) of the Act is repealed

and the following substituted:

(i.2) providing for the seizure and impoundment of

motor vehicles by a peace officer after a demand is made by a peace officer under

section 254 of the Criminal Code , and

in particular,

(

i) prescribing the circumstances under which a

vehicle may be seized and impounded,

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

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

prescribing the timing and form of this notice,

(iii) prescribing the period of impoundment,

(iv) prescribing the circumstances under which an

owner may apply for the early release of a vehicle,

(

v) providing for an appeal of a decision on an

application for early release of a vehicle,

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

the impoundment and release of the vehicle, and

(vii) prescribing the types of fees and charges that

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

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

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

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

the value of the vehicle; and

Commencement

11. This Act, or a section, subsection, paragraph

or subparagraph of this Act, other than subsection 2(1), comes into force on a

day or days to be proclaimed by the Lieutenant-Governor in Council.

Queen's Printer