Bill 7 (Legislature 12, Session 1)

L12 S1 6675

Alberta — Bills

Bill No. 7 of 1953 A BILL TO AME-ND THE VEHICLES AND HIGHWAY TRAFFIC ACT NOTE :rhis Bill amends The Vehicles and Highway Traffic Act, beIng

chapter 275 of the Revised Statutes of Alberta,

Section 2 is amended to define "centre line".

Section 10 is amended to remove the possibility of ambiguity by ·referring in more explicit terms to the type of motor vehicles dealt with by the subsections.

Section 12 is amended to reduce from six months to three months the period during which a tourist is permitted to operate a vehicle in Alberta with extra--provincial license plates.

Section 15 is amended. Subsection (la) now prohibits a person driving as a chauffeur unless he holds a subsisting chauffeur's li~ense. Subsection (lb) permits a person temporarily in the Province to drive a vehicle -registered in Alberta. Previously he could only drive a motor vehicle registered in his place of residence. . Subsection (5) pro hibits the driving on main or secondary highways of tractors by youths under sixteen yea-rs of age and also pro hibits persons permitting such youths to drive these tractors on such highways.

Section 23 is amended to prohibit using motor vehicles equipped with dealers' plates to convey freight.

Section 32, subsection (4) is amended to exclude a snow plow from the necessity of having headlamps placed no less than twenty-four inches or no more than fifty inches from the plane surface upon which it stands, as a snow plow by reason of the plow cannot practicably comply with this statutory requirement.

Section 42, subse,ction (2), which determines what rate of speed shall, prima facie, be an unreasonable rate of s'peed in cities, towns and villages, is amended to remove the prima facie unreasonable rate of speed in respect of cities.

Section 47 is amended to clarify a reference in view of amendments to

section 47 a.

Section 47a is amended. Clauses (

g) and (

i) have been amended and clauses (gg) and (

j) added. The effect of these amendments is to permit right hand passing in a city where the highway has Ibeen divided into traffic lanes and there are two or more traffic lanes on the same side of the centre line of the highway for vehicles pr~ceeding in the same

ii direction. The pra.ctice of passing on the r~ght! previou~ ly permitted only in a single case, has gr:own In cI~Ies an~ IS acknowledged in the 'sy~tem of trafn~ sI~nal deVIces w~Ich clear traffic at intersectIons and reqUIre rIght hand paSSIng.

Section 52a is amended to clarify a rule of the road in subsection (1), clause (b).

Section 52b is new and sets out rules of the road applic able to turning at intersections upon or entering "one-way" streets.

Section 59 is a.mended to clarify the provisions which exempt municipal buses from the prohibition against mak ing turns at certain intersections.

Section 111, subsection (2) is amended to remove the option of a fine and substitutes imprisonment for a period of thirty days in the case of the person convicted of driving while his driver's or -chauffeur's license is suspended or can celled, or while the motor vehicle registration is cancelled or suspended. -

Section 124a is amended. Subsection (3) is amended to provide for a suspension of a driver's or chauffeur's licen.se for ~ix months. i!lstead .of t~o m.0!lths where a per son IS conVICted of drIVIng whIle hIS abIhty is impaired by alcohol. The effect of the amendment to subsection (4) is to require the convicting magistrate to forward a driver's or .chauffeur's license of a person convicted of driving while his ability is impaired to the Minister. This Bill comes into force on the 1st day of July, 1953. J. W. RYAN, Acting Legislative Counsel. (This note does not form any part of the Bill but is offered 1~n explanation of its provisions.)

BILL No.7 of 1953

An Act to amend The Vehicles and Highway Traffic Act ( Assented to ,1953) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Vehicles and Highway Traffic Act, being

chapter 275 of the Revised Statutes of Alberta, 1942, is herebY amended. ~

Section 2 is amended (

a) by relettering clauses (

a) and (aa) as clauses (aa) and (aaa), respectively; , (

b) by adding immediately before clause (a), now re lettered as clause (aa), the following new clause:

Section 2 amended "(a) 'centre line' means "centre line" "(

i) in the case of a highway designated by markings or signs on the pavement, or posted or er~ted along the highway, "(

A) as an off-set centre highway, or "(

B) as a highway having a certain number of traffic lanes for traffic proceeding in a cer tain direction at all times or at specified times, the longitudinal line of demarcation of the highway to separate traffic lanes for vehicles proceeding in one direction from traffic lanes for vehicles proceeding in the opposite direc tion on the same highway, and "(ii) in all other cases, the centre of the travelled portion of the highway;". 3..

Section 10 is amended ~~~~relo (

a) by adding immediately after the word "owner", where it occurs in subsections (3) and (4), the words "of such motor vehi,cle" ; (

b) by adding immediately after the words "motor vehicle", where they occur in subsection (5), the words ", other than a public service vehicle or com mercial vehicle/'; (

c) by adding immediately after the words "public ser vice vehicle", where they occur in subsection (7), the words "or commercial vehicle".

Section 12 amended

Section 15 amended

Section 23 amended

Section 32 amended

Section 42 amended

Section 47 amended

Section 47a amended Overtaking and passing on the lett 2

Section 12 is amended by striking out the word "six" and by substituting the word "three".

Section 15 is amended (

a) by striking out subsection (la) and by substituting the following: "(la) No person shall drive a motor vehicle on a highway as a chauffeur unless he is the holder of a sUbsisting chauffeur's license issued pursuant to the provisions of this Act. H(lb) Subsections (1) and (la) do not apply to a person "(

a) who is not a resident of Alberta and who is in Alberta for less than three months, and " (

b) who is permitted to drive in the country, prov ince or state of whi'ch he is a resident by the laws thereof, and "(

e) who is driving a motor vehicle that "(

i) is registered under the provisions of this Act, or II (ii) is deemed under

section 12 to be registered under the provisions of this Act."; (

b) by adding immediately after subsection (4) the fol lowing new subsection: "

(5) No person under the age of sixteen years shall drive a tractor on a main or secondary high way within the meaning of The Public Highways Act, and no person shall permit another person un der the age of sixteen years to drive a tractor on such main or se;condary highway.". ,G.

Section 23, clause (

b) is amended by striking out the words "or as a service motor vehicle in connection with such sales and not as a public service vehicle" and by sub stituting the words "and not used to convey freight".

Section 32, subsection (4) is amended by adding im mediately before the words "no headlam,p" the words "un less the vehicle is a snow plow".

Section 42, subsection (2) is amended by striking out the word "city".

Section 47, subsection (2) is amended by striking out the words "in the case provided for in s~tion 47a, clauses (

e) and (h)" and by substituting the words "as otherwise provided for in

section 47a".

Section 47a is amended (

a) by striking out clause (

g) and by substituting the following: tt (

g) a driver of a vehicle overtaking another vehicle that is travelling in the same direction on any highway outside of a city where there are two or more traffic lanes on the same side of the centre line for vehicles travelling in the

3 same direction, shall in p,assing keep to the left of the other vehicle and to the right of the centre line; "(gg) a driver of a vehicle overtaking another Overtaking h· I th t· tIl· . h and passing ve IC e a IS ra ve Ing In t e same direction on the left on any highway within a city where there are or right two or more traffic lanes on the same side of the centre line for vehicles travelling in the same direction, may in passing keep to the right or left of the other vehicle if there is a lane available for passing to the right or to the left of the lane being used by the overtaken vehicle ;" ; (

b) by adding immediately after the word "direction", where it occurs in clause (i), the words "on any highway outside a city"; (

c) by adding immediately after clause (

i) the follow ing new clause: "(

i) a driver of a vehicle being overtaken by an- ~:~i~\~k~~all other vehicle travelling in the same direction allow free on any highway within a city passage "(

i) when there are two or more traffic lanes on the same side of the ,centre line for vehicles travelling in the saine direction, shall re main in the traffic lane in which he is driv ing so as to allow the overtaking vehicle free passage in the traffice lane to the right or to the left of the traffic lane in which the overtaken vehicle is travelling, "(ii) when there are not two or more traffic lanes on the same side of the centre line for vehicles travelling in the same direction, shall allow the overtaking vehicle to pass and shall travel in the traffic lane nearest to the right hand side of the highway or in such a manner as to allow the overtak ing vehicle free passage on the left of the overtaken vehicle.".

Section 52a, suhsection (1), clause (

b) is amended

Section 52a by adding immediately after the words "intersection by amended driving to the right of" the words "and as closely as practic- able to". 12. The following new

section is added immediately after ~e6"

section

section 52a: "52b.

(1) When a highway has been designated a one- ~in1way way highway by signs on, or erected or posted along the g way highway directing drivers of vehicles to proceed only in one direction "(

a) the driver of a vehicle approaching an intersection and intending to turn left "(

i) from an ordinary highway onto a one-way highway shall make the left turn by driving to

Section 59 amended

Section 111 amended

Section 124a I;tmended 4 the right of and as closely as practicable to the centre line of the ordinary highway where it enters the intersection, and upon leaving the intersection by driving as closely as practicable to the left hand side of the one-way highway entered, "(ii) from a one-way highway onto an ordinary highway, shall make the left turn by driving as closely as practicable to the left side of the one-way highway where it enters the intersec tion, and upon leaving the intersection by driv ing to the right of and as closely as practicable to the centre line of the ordinary highway en tered, "(iii) from a one-way highway onto another one way highway, shall make the left turn by driv ing as closely as practicable to the left hand side of the one-way highway where it enters the intersection, and upon leaving the intersec tion by driving as closely as practicable to the the left hand side of the other one-way highway entered, " (

b) the driver of a vehicle approaching an intersection and intending to turn right to enter or leave a one way highway shall drive as closely as practicable to the right hand side of the highway when entering and leaving the intersection. "

(2) Notwithstanding subsection (1), when official traf fic control signs, signals or other devices which vary the provisions of this

section have been lawfully placed or erected, a driver of a vehicle shall obey the instructions of such official traffic control signs, signals or other de vices.".

Section 59 is amended (

a) by striking out the proviso to subsection (5) ; (

b) by adding immediately after subsection (5) the following new subsection: " (5a) The provisions of this subsection do not apply so as to prohibit a bus, which forms part of a municipal transportation system of a city, turning at an intersection in the direction determined by the proper transportation officials of the city.".

Section 111, subsection (2) is amended by striking out the words "not exceeding six months or to a fine not ex ceeding five hundred dollars or to both imprisonment and fine" and by substituting the words "of thirty days".

Section 124a is amended (

a) by striking out the word "two", where It occurs in clause (

a) of subsection (3), and by substituting the word "six";

5 (

b) by adding immediately after clause (

b) of subsec tion (4) the following new clause: "(

c) who the magistrate finds guilty of driving or having the care Or control of a motor vehicle or automobile while his ability to drive is im paired by alcohol or a drug contrary to the provisions of subsection (4a ) of

section 285 of the Criminal Code of Canada.". 16. This Act comes into force on the first day of July, Coming into 1953. force

FIRST SESSION lWELFrH LEGISLATURE 2 ELIZABETH II 1953 BILL

An Act to amend The Vehicles and Highway Traffic Act Received and read the First time ................. . Second time ..................................... .. Third time ......................................... . HON. MR. GERHART Title: 1953 (12th, 1st) Bill 7,

An Act to amend The Vehicles and Highway Traffic Act

Document details

Collection	Alberta — Bills
Citation	L12 S1 6675
Type	bill
Volume / chapter	L12 S1 6675
Language	en
Format	json
Source	PROVINCIAL
Identifier	e2d8d765b86dbdf25a291fa593e30db68b5895c2

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