First Session, 48th

General Assembly

65 Elizabeth II,

BILL 12

AN ACT TO AMEND THE HIGHWAY

TRAFFIC ACT

Received

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

Second

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

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

Third

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

Royal

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

HONOURABLE EDDIE

JOYCE

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

allow the registered owner of a

vehicle to be charged with, and provide defences to, passing a school bus while

its red flashing lights are activated, speeding in a school zone and speeding in

a construction zone; and

increase the minimum and maximum

amounts of the fine for passing a school bus while its red flashing lights are

activated.

A BILL

AN ACT TO AMEND

THE HIGHWAY TRAFFIC ACT

Analysis

S.210 Amdt.

Liability of owner for penalties

Sch. Amdt.

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cH-3

as amended

(1) Section 210 of the Highway Traffic Act is amended by adding

immediately after subsection (1) the following:

(1.1) Notwithstanding subsection (1), where subsection

110.1(4), 110.2(4) or 137(1) has been violated, the owner of the motor vehicle

to which that violation applies may be held responsible for that violation and may

incur a penalty that arises from that violation.

(2) Subsections 210(2) and (3) of the Act are

repealed and the following substituted:

(2) The owner of a motor vehicle shall not be held

responsible and shall not incur a penalty arising from a violation under this

section where he or she can prove that at the time of the violation,

(

a) the motor vehicle was in possession of some other

person without the owner's consent; or

(

b) he or she was the registered owner of the motor

vehicle but he or she was not entitled to possession of the motor vehicle.

(2.1) The owner of a motor vehicle under subsection

(1.1) shall not be held responsible and shall not incur a penalty arising from

a violation where the driver of the motor vehicle has been held responsible and

incurred a penalty for that violation.

(3) The owner of a motor vehicle who incurs a penalty

under this

section is not liable to imprisonment.

2. The

Schedule to the Act is amended by deleting

the row starting with a reference to subsection 137(1) and substituting the

following:

137(1)

Passing school bus

14 days

2 days

Commencement

3. This Act comes into force 60 days after the day

on which it receives Royal Assent.

Queen's Printer