Second

Session, 47th General Assembly

Elizabeth II, 2013

BILL 13

AN ACT TO AMEND THE

HIGHWAY

TRAFFIC ACT NO. 2

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

Second Reading .................................................................................................................................

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

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE

DAN CRUMMELL

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

define a school zone and

prohibit speeding in a school zone;

prohibit slow moving vehicles

from being driven on a highway with a speed limit of greater than 80 kilometres

an hour;

require emergency vehicles to

stop at a red light or a stop sign before proceeding through it;

limit the number of occupants

in a vehicle to the number of seat belts in the vehicle;

prohibit passengers from riding

on a portion of a vehicle that is not designed or normally used for carrying

passengers; and

increase the reportable

accident damage threshold to $2,000.

A BILL

AN ACT TO AMEND THE HIGHWAY TRAFFIC ACT NO.

Analysis

S.2 Amdt.

Definitions

S.110 Amdt.

Imprudent driving

S.110.2 Added

School zone

S.111.1 Added

Slow moving vehicle

S.123 Amdt.

Privileges of emergency vehicle

S.170 Amdt.

Accident involving property

S.178 Amdt.

Seat belts

Sch. Amdt.

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RNSL1990 cH-3

as amended

Section 2 of the Highway Traffic Act is amended by adding immediately after

paragraph (mmm) the following:

(mmm.1) "slow moving vehicle" means a

vehicle that is not capable of attaining and sustaining a speed of 80

kilometres an hour;

(1) Subparagraph 110(2)(d)(ii) of the Act

is repealed.

(2) Subsection 110(5) of the Act is repealed.

3. The Act is amended by adding immediately after

section 110.1 the following:

School zone

110.2

(1) Except

where a lower maximum speed limit is prescribed by this Act, a person shall not

drive a vehicle at a speed greater than 50 kilometres an hour in a school zone.

(2) In this section, "school zone" means

the portion or length of highway between the two posted signs indicating a

school zone.

(3) Subsection (1) only applies between the hours

of 7 a.m. and 5 p.m. on days when school is regularly held.

(4) A person commits an offence who, contrary to

subsection (1),

(

a) exceeds the speed limit by between 1 and 10

kilometres an hour;

(

b) exceeds the speed limit by between 11 and 20

kilometres an hour;

(

c) exceeds the speed limit by between 21 and 30

kilometres an hour; or

(

d) exceeds the speed limit by 31 kilometres and

over.

(5) Where a person who has been convicted of an

offence under paragraph (4)(a), (b), (

c) or (

d) is convicted within a period of

2 years of an offence under paragraph 4(a), (b), (

c) or (d), the new offence

shall be considered as a second offence or subsequent offence for the purpose

of the imposition of a penalty.

4. The Act is amended by adding immediately after

section 111 the following:

Slow moving vehicle

111.1

(1) A

person shall not operate a slow moving vehicle on a highway with a speed limit of

greater than 80 kilometres an hour.

(2) Subsection (1) does not apply to

(

a) a bicycle;

(

b) a power-assisted bicycle;

(

c) an antique motor vehicle; or

(

d) a vehicle actively engaged in

(

i) snow clearing or winter maintenance,

(ii) sidewalk or highway maintenance, or

(iii) sidewalk or highway construction.

(3) Notwithstanding subsection (1), the minister

or a person authorized by him or her may issue a special permit authorizing an

operator of a slow moving vehicle involved in agricultural, forestry or other

that the minister or person authorized by him or her considers to be appropriate.

5. (1) Subsection 123(1) of the Act is

amended by deleting the word "and" at the end of paragraph (

a) and by

adding immediately after that paragraph the following:

(a.1) proceed past a red light or stop sign; and

(2) Subsection 123(2) of the Act is repealed and

the following substituted:

(2) Notwithstanding paragraphs (1)(

a) and (a.1),

the driver of an emergency vehicle shall not exceed the speed limit or proceed

past a red light or stop sign unless he or she is sounding an audible signal by

bell, horn, siren or exhaust whistle and is showing a flashing red light where

the vehicle is so equipped.

(2.1) Notwithstanding paragraph (1)(a.1), the driver

of an emergency vehicle shall not proceed past a red light or stop sign unless

he or she stopped the vehicle at the intersection and yielded the right of way

to a vehicle or pedestrian in the intersection.

6. Subsection 170(1) of the Act is amended by

deleting the amount "$1,000" and substituting the amount "$2,000".

(1) Section 178 of the Act is amended by adding

immediately after subsection (2) the following:

(2.1) A person shall not operate a vehicle on a

highway where there are more persons in the vehicle than there are effectively

operating seat belt assemblies.

(2) Section 178 of the Act is amended by adding

immediately after subsection (5) the following:

(5.1) A person shall not operate a vehicle on a

highway with a person riding on a portion of the vehicle that is not designed

or normally used for carrying passengers.

(5.2) A person shall not ride on a portion of a

vehicle that is not designed or normally used for carrying passengers.

(5.3) Subsections (5.1) and (5.2) do not apply to a

vehicle participating in a parade while travelling along the parade route.

(1) The

Schedule to the Act is amended by adding

immediately after the row starting with a reference to paragraph 110.1(4)(

d) the following:

110.2(4)(

a) Exceeding

the speed limit by between 1 and 10 kilometres an hour

Second offence

Subsequent offence

5 days

8 days

12 days

1 day

3 days

5 days

110.2(4)(

b) Exceeding

the speed limit by between 11 and 20 kilometres an hour

Second offence

Subsequent offence

5 days

10 days

12 days

2 days

4 days

6 days

110.2(4)(

c) Exceeding

the speed limit by between 21 and 30 kilometres an hour

Second offence

Subsequent offence

10 days

15 days

20 days

4 days

6 days

8 days

110.2(4)(

d) Exceeding

the speed limit by 31 kilometres an hour and over

Second offence

Subsequent offence

15 days

20 days

25 days

6 days

8 days

10 days

(2) The

Schedule to the Act is amended by adding

immediately after the row starting with a reference to subsection 111(3) the

following:

111.1(1)

Operating

a slow moving vehicle on a highway with a speed limit of greater than 80 kilometres

an hour

14 days

2 days

(3) The

Schedule to the Act is amended by deleting

the words in the offence column after the reference to subsection 123(2) and

substituting the words "Driver of emergency vehicle exceeding speed limit

or proceeding past a red light or stop sign and not sounding audible signal or

showing flashing red light".

(4) The

Schedule to the Act is amended by adding

immediately after the row starting with a reference to subsection 123(2) the

following:

123(2.1)

Driver

of emergency vehicle failing to stop emergency vehicle before proceeding past

red light or stop sign

14 days

2 days

(5) The

Schedule to the Act is amended by adding immediately

after the row starting with a reference to subsection 178(2) the following:

178(2.1)

Driver

operating vehicle with more persons in the vehicle than seat belt assemblies

17 days

2 days

(6) The

Schedule to the Act is amended by adding

immediately after the row starting with a reference to subsection 178(4) the

following:

178(5.1)

Driver operating vehicle with a person riding on a portion

of the vehicle not designed for passengers

17 days

2 days

178(5.2)

Passenger

riding on a portion of the vehicle not designed for passengers

17 days

2 days

Commencement

9. This Act comes into force 3 months after the

day on which it receives Royal Assent.

Queen's Printer