First

Session, 46th General Assembly

Elizabeth II, 2008

BILL 66

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 .

Clause 1 of the Bill would redefine

the word resident.

Clauses 2, 3 and 4 of the Bill would

amend the Act, consequent on recent amendments to the Criminal Code , to provide for periods of suspension where a

driver's ability to operate a motor vehicle is impaired by a drug or a

combination of a drug and alcohol.

Clauses 5 and 7 of the Bill would

create a separate offence of speeding through a construction zone and would

amend the

Schedule to add separate penalties for that offence.

Clause 6 of the Bill would amend the

Act as a consequence of the amendments proposed in clauses 2, 3 and 4.

Clause 8 of the Bill is a commencement

clause.

A BILL

AN ACT TO AMEND THE HIGHWAY

TRAFFIC ACT

Analysis

S.2 Amdt.

Definitions

S.60.1 Amdt.

Request for surrender of driver's licence at roadside

S.60.4 Amdt.

Request for surrender of novice driver's licence at roadside

S.60.5 Amdt.

Screening accompanying driver

S.110.1 Added

Speed limit in a construction zone

6. S.195 Amdt.

Regulations

7. Sch Amdt.

8. Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cH-3 as

amended

1. Paragraph 2(ggg) of the Highway Traffic Act is repealed and the following substituted:

(ggg) "resident" means a person who lives

in the province for 90 consecutive days or longer in a year;

(1) Section 60.1 of the Act is amended by

adding immediately after subsection (2) the following:

(2.1) Where a peace officer has reasonable grounds

to believe that the ability of the driver of a motor vehicle or a person who

has the care or control of a motor vehicle to operate the vehicle is impaired

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

request the driver to surrender his or her driver's licence.

(2) Subsection 60.1(3.1) of the Act is repealed

and the following substituted:

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

under

section 254 of the Criminal Code ,

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

motor vehicle fails or refuses to comply with the demand, the peace officer

shall request the driver to surrender his or her driver's licence.

(3) Subsection 60.1(8) of the Act is repealed and

the following substituted:

(8) Upon a request being made under subsection

(1), (2), (2.1), (3) or (3.1), the driver shall immediately surrender his or

her driver's licence.

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

immediately after subsection (9) the following:

(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 24 hours 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; and

(

b) for a period of 90

days beginning on the fourteenth day after the expiry of the 24 hour

suspension, where the driver fails or refuses to comply with a demand made on him

or her under

section 254 of the Criminal

Code .

(1) Section 60.4 of the Act is amended by

adding immediately after subsection (1) the following:

(1.1) Where a peace officer has reasonable grounds

to believe that the ability of a novice driver of a motor vehicle or a novice

driver who has the care or control of a motor vehicle to operate the vehicle is

impaired by a drug, or a combination of a drug and alcohol, the peace officer

shall request the novice driver to surrender his or her driver's licence.

(2) Section 60.4 of the Act is amended by adding

immediately after subsection (2) the following:

(2.1) 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

fails or refuses to comply with the demand made on that driver, the peace

officer shall request the novice driver to surrender his or her driver's licence.

(3) Subsections 60.4(5) and (6) of the Act are

repealed and the following substituted:

(5) Upon a request being made under subsection

(1), (1.1), (2) or (2.1), the novice driver shall immediately surrender his or

her driver's licence to the peace officer.

(6) Upon a request being made under subsection (1),

(1.1), (2) or (2.1), whether or not the novice driver surrenders his or her

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

privileges shall be considered to be suspended by the registrar for a period of

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

request is made under subsection (1), (1.1), (2) or (2.1);

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

request is made under subsection (1), (1.1), (2) or (2.1); and

(c) 6 months for a subsequent occasion upon which

a request is made under subsection (1), (1.1), (2) or (2.1),

and following the expiry of a suspension

under paragraphs (a), (

b) or (

c) a novice driver may apply to the registrar to

have his or her driver's licence reinstated commencing at the start of the

level and class of driver's licence held by that novice driver at the time when

his or her licence was suspended subject to a fee and in accordance with conditions

and requirements which the registrar may impose upon the licence.

(4) Section 60.4 of the Act is amended by adding

immediately after subsection (6.1) the following:

(6.2) Notwithstanding subsection (6), upon a request

being made under subsection (2.1), whether or not the novice driver surrenders

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

or driving privileges shall be suspended by the registrar for a period of 90

days where the novice driver fails or refuses to comply with a demand made on

the novice driver under

section 254 of the Criminal

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

(1) Section 60.5 of the Act is amended by

adding immediately after subsection (2) the following:

(2.1) Where a peace officer has brought a novice

driver to a stop under the authority of this Act and the peace officer has

reasonable grounds to believe that the ability of the accompanying driver to

operate a motor vehicle is impaired by a drug, or a combination of a drug and

alcohol, the peace officer may direct the novice driver not to drive the motor

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

or her driver's licence.

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

immediately after subsection (3) the following:

(3.1) Where a peace officer has brought a novice

driver to a stop under the authority of this Act, and the peace officer has

reasonable grounds to believe that the ability of the accompanying driver to

operate a motor vehicle is impaired by a drug, or a combination of a drug and

alcohol, and the accompanying driver fails or refuses to comply with a demand

made on him or her under

section 254 of the Criminal

Code , 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.

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

immediately after subsection (5) the following:

(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 24 hours 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; and

(

b) for a period of 90

days beginning on the fourteenth day after the expiry of the 24 hour 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) Subsection 60.5(6) of the Act is amended by

striking out the word and figure "subsection (5)" and substituting

the words and figures "subsection (5) or (5.1)".

5. The Act is amended by adding immediately after

section 110 the following:

Speed limit

110.1

(1) Except

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

drive a vehicle at a greater speed than 60 kilometres an hour in a construction

zone.

(2) Notwithstanding subsection (1), where traffic

control devices that are placed on a highway at either end of a construction

zone, and facing oncoming traffic, indicates the maximum permissible speed in

the construction zone, a person shall not drive a vehicle in the construction

zone at a rate of speed greater than the maximum permissible speed indicated by

the traffic control devices.

(3) In this section, "construction zone"

means a portion or length of highway

(

a) that is under construction, or where

reconstruction, widening, marking, repairs or other work is being done,

including installation of, and repairs and modifications to, equipment or

facilities on or under the highway; and

(

b) that is identified as a construction zone by

traffic control devices that are placed

(

i) at the beginning and end of the zone, and

(ii) facing oncoming traffic.

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

subsection (1) or (2),

(

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 paragraphs (4)(a), (b), (

c) or (d), the new offence

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

imposition of a penalty.

6. Paragraph 195(1)(u.2) of the Act is repealed

and the following substituted:

(u.2) provide for screening tests to determine

whether or not a driver is dependent upon alcohol or other drugs, and where

necessary completion of an appropriate rehabilitation program before a driver's

licence reinstatement for drivers with repeat alcohol-related or drug or drug

and alcohol-related suspensions;

7. The

Schedule to the Act is amended by adding

immediately after the references to

section 110 the following:

110.1(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

110.1(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

110.1(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

110.1(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

Commencement

8. This Act comes into force on a day to be

proclaimed by the Lieutenant-Governor in Council.

Earl G. Tucker, Queen's Printer