Third Session, 46th

General Assembly

59 Elizabeth II,

BILL 27

AN ACT TO AMEND THE HIGHWAY

TRAFFIC ACT

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

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

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

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

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

HONOURABLE

KEVIN O'BRIEN

Minister of Government

Services

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Highway Traffic Act principally in the

areas of the provisions related to licence suspension, arrest without a warrant,

the random stopping of vehicles by peace officers and the use of cellular

phones and other communication devices.

A BILL

AN ACT TO AMEND THE HIGHWAY

TRAFFIC ACT

Analysis

S.60.1 Amdt.

Request for surrender of driver's licence at roadside

S.60.2 R&S

Progressively increased suspensions

S.60.4 Amdt.

Request for surrender of novice driver's licence at roadside

4. S.60.5 Amdt.

Screening accompanying driver with alcohol

S.110 Amdt.

Imprudent driving

6. S.176.1 R&S

Cellular telephones and

other communication devices

S.201.1 Added

Peace officer may stop vehicles

8. S.202 Rep.

Power of arrest

9. Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cH-3

as amended

(1) Subsections 60.1(9) and (9.1) of the Highway Traffic Act are repealed and the

following substituted:

(9) Upon a request being made under subsection

(1), (2), (3) or (3.1), whether or not the 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 driver fails or refuses to provide a sample of his

or her breath or where the analysis under subsection (1) or (2) indicates that

the proportion of alcohol in his or her blood is 50 milligrams or more of

alcohol in 100 millilitres of blood; and

(

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

day after the expiration of the 7 day suspension, where the driver fails or

refuses to provide a sample of his or her breath or where the analysis under

subsection (1) or (2) indicates that the proportion of alcohol in his or her

blood is 80 milligrams or more of alcohol in 100 millilitres of blood.

(9.1) Upon a request being made under subsection

(2.1) or (3.1), whether or not the 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 driver or person who has the care or control of the 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 the driver fails or refuses

to comply with a demand made on him or her under

section 254 of the Criminal Code .

(2) Section 60.1 of the Act is amended by adding

immediately after subsection (9.1) the following:

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

under

section 254 of the Criminal Code ,

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

motor vehicle provides a sample of his or her blood which on analysis indicates

that the proportion of alcohol in his or her blood at the time the sample was

given was 50 milligrams or more of alcohol in 100 millilitres of blood, his or

her driver's licence or driving privileges are suspended for a period of 7 days

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

certificate of the analysis.

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

under

section 254 of the Criminal Code ,

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

motor vehicle provides a sample of his or her blood which on analysis indicates

that the proportion of alcohol in his or her blood at the time the sample was

given was 80 milligrams or more of alcohol in 100 millilitres of blood, his or

her driver's licence or driving privileges are suspended for a period of 90

days beginning on the fourteenth day following the expiry of the period of suspension

under subsection (9.2).

(3) Subsection 60.1(10) of the Act is repealed and

the following substituted:

(10) A 7 day suspension shall be served

concurrently with a prior unexpired suspension.

(4) Subsection 60.1(12) of the Act is repealed and

the following substituted:

(12) Upon the termination of a 7 day suspension

under this section, the driver's licence shall, if it was surrendered to a

peace officer, be returned to the driver at the address shown on the driver's licence

or to another address requested by the driver.

2. Subsection 60.2 of the Act is repealed and the

following substituted:

Progressively

increased suspensions

60.2 The

registrar shall suspend the driver's licence or driving privileges of a driver

who within 24 consecutive months has incurred a 7 day suspension

(

a) for a second time, for 14 days;

(

b) for a third time, for 2 months;

(

c) for a fourth time, for 4 months; or

(

d) for a fifth or subsequent time, for 6 months.

Section 60.4 of the Act is amended by adding

immediately after subsection (6.2) the following:

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

under

section 254 of the Criminal Code ,

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

vehicle provides a sample of his or her blood which on analysis indicates that

the proportion of alcohol in his or her blood at the time the sample was given

was greater than 0 milligrams of alcohol in 100 millilitres of blood, his or

her driver's licence or driving privileges are suspended for a period set out in

paragraph (6)(a), (

b) or (c), whichever is the applicable one, beginning on the

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

analysis and the procedure for reinstatement set out in subsection (6) applies.

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

under

section 254 of the Criminal Code ,

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

vehicle provides a sample of his or her blood which on analysis indicates that

the proportion of alcohol in his or her blood at the time the sample was given

was 80 milligrams or more of alcohol in 100 millilitres of blood, his or her

driver's licence or driving privileges are suspended for a period of 90 days

beginning on the fourteenth day following the expiry of the period of

suspension under subsection (6.3).

(1) Subsection 60.5(2) of the Act is

repealed and the following substituted:

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

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

sample of breath or provides a sample of breath which on analysis by an

approved screening device, as defined in

section 254 of the Criminal Code , indicates that the

proportion of alcohol in his or her body is greater than 0 milligrams of

alcohol in 100 millilitres of blood, the peace officer may direct the novice

driver not to drive a motor vehicle on a highway while an accompanying driver's

body has greater than 0 milligrams of alcohol in 100 millilitres of blood and

shall request that the accompanying driver surrender his or her driver's

licence.

(2) Subsection 60.5(3) of the Act is repealed and

the following substituted:

(3) Where analysis of the breath of an

accompanying driver under subsection (2) registers the presence of alcohol as

described in that subsection, the peace officer may demand that the

accompanying driver provide a sample of his or her breath and where the

accompanying driver provides that sample, which, on analysis by an instrument

approved as suitable for the purpose of

section 254 of the Criminal Code , indicates that the proportion of alcohol in his or

her blood is greater than 0 milligrams of alcohol in 100 millilitres of blood,

the peace officer may direct the novice driver not to drive a motor vehicle on

a highway while an accompanying driver's body has greater than 0 milligrams of

alcohol in 100 millilitres of blood, and shall request that the accompanying

driver surrender his or her driver's licence.

(3) Subsection 60.5(3.1) is repealed and the

following substituted:

(3.1) Where upon demand of a peace officer made

under

section 254 of the Criminal Code ,

an accompanying driver fails or refuses to comply with the demand made on that

driver, the peace officer may direct the novice driver not to drive the vehicle

on a highway and shall request the accompanying driver to surrender his or her

driver's licence.

(4) Subsections 60.5(5) and (5.1) are repealed and

the following substituted:

(5) Upon a request being made under subsection

(2) or (3), 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 accompanying driver fails or refuses to provide a

sample of his or her breath or where the analysis under subsection (2) or

(3) indicates that the proportion of alcohol in his or her blood is greater than 0

milligrams of alcohol in 100 millilitres of blood; and

(

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

day after the expiration of the 7 day suspension, where the accompanying driver

fails or refuses to provide a sample of his or her breath or where the analysis

under subsection (2) or (3) indicates that the proportion of alcohol in his or

her blood is 80 milligrams or more of alcohol in 100 millilitres of blood.

(5.1) Upon a request being made under subsection

(2.1) 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, 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 .

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

immediately after subsection (5.1) the following:

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

under

section 254 of the Criminal Code ,

an accompanying driver provides a sample of his or her blood which on analysis

indicates that the proportion of alcohol in his or her blood at the time the

sample was given was greater than 0 milligrams or more of alcohol in 100

millilitres of blood, his or her driver's licence or driving privileges are

suspended for a period of 7 days beginning on the fourteenth day following his

or her receipt of a copy of the certificate of the analysis.

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

under

section 254 of the Criminal Code ,

an accompanying driver provides a sample of his or her blood which on analysis

indicates that the proportion of alcohol in his or her blood at the time the

sample was given was 80 milligrams or more of alcohol in 100 millilitres of

blood, his or her driver's licence or driving privileges are suspended for a

period of 90 days beginning on the fourteenth day following the expiry of the period

of suspension under subsection (5.2).

(6) Paragraphs 60.5(6)(

c) of the Act is repealed

the following substituted:

(

c) inform the accompanying driver of how he or

she may collect his or her driver's licence after the expiration of the 7 day

suspension.

Section 110 of the Act is amended by adding

immediately after subsection (4) the following:

(5) Where a person commits an offence contrary to

subsection (3) by exceeding the speed limit set out in subparagraph (2)(d)(ii),

the fine shall be twice the fine that is set out in the

Schedule for the offence.

Section 176.1 of the Act is repealed and the

following substituted:

Cellular

telephones and other communication devices

176.1

(1) A person shall not drive a motor

vehicle on a highway while holding, or using a hand-held wireless communication

device or other prescribed device that is capable of receiving or transmitting

telephone communications, electronic data, email or text messages.

(2) Notwithstanding subsection, (1), a person may

drive a motor vehicle on a highway while using a device described in that

subsection in hands-free mode.

(3) Subsection (1) does not apply to

(

a) the driver of an ambulance, fire department

vehicle or police vehicle;

(

b) a peace officer who is driving a motor vehicle

in the discharge of his or her duties;

(

c) another prescribed person or class of persons;

(

d) a person holding or using a device prescribed

for the purpose of this subsection; or

(

e) a person engaged in a prescribed activity or

in prescribed conditions or circumstances.

(4) Subsection (1) does not apply in respect of

the use of

(

a) a device to contact ambulance, police or fire

department emergency services; or

(

b) a device that is linked to a non-public

shortwave radio communication system.

(5) Subsection (1) does not apply if

(

a) the motor vehicle is off the roadway and is

not in motion; or

(

b) the motor vehicle is lawfully parked on the

roadway.

(6) The Lieutenant-Governor may make regulations,

(

a) prescribing devices

for the purpose of subsection (1); or

(

b) prescribing persons,

classes of persons, devices, activities, conditions and circumstances for the

purpose of subsection (3).

7. The Act is amended by adding immediately after

section 201 the following:

Peace officer may stop vehicles

201.1

(1) A peace officer, in the lawful

execution of his or her duties, may require the driver of a motor vehicle to

stop, and the driver of the motor vehicle, when signaled or requested to stop

by a peace officer who is readily identifiable as such, shall immediately come

to a safe stop and remain stopped until permitted by the peace officer to

depart.

(2) A

peace officer may, at any time when a driver is stopped,

(

a) require

the driver to give his or her name, date of birth and address to the officer;

(

b) require

the driver to produce his or her licence, and the vehicle's insurance

certificate and registration and another document respecting the motor vehicle

that the peace officer considers necessary;

(

c) inspect

an item produced under paragraph (b);

(

d) request

information from the driver about whether and to what extent the driver

consumed alcohol or drugs before or while driving;

(

e) require

the driver to go through a field sobriety test;

(

f) request information from the driver about whether and to what

extent the driver is experiencing a physical or mental condition that may

affect his or her driving ability; and

(

g) inspect

the motor vehicle's mechanical condition and request information from the

driver about it.

(3) For

the purpose of enforcing a provision of this Act or the regulations, a peace

officer may require a vehicle's passenger to give his or her name, date of

birth and address to the officer.

(4) A

peace officer is not required to inform a driver or passenger of his or her

right to counsel, or to give the driver or passenger the opportunity to consult

counsel, before doing anything subsection (2) or (3) authorizes.

(5) Nothing

in this

section limits or negates a peace officer's authority to request

information from a driver or passenger or to make observations of a driver or

passenger that are necessary for the purpose of road safety enforcement.

Section 202 of the Act is repealed.

Commencement

(1) This Act comes into force on October

1, 2010.

(2) Notwithstanding subsection (1),

section 5 of

this Act comes into force on September 1, 2010.

Earl G. Tucker, Queen's Printer