Bill 50 — Traffic Safety Act Th E Minister of Tra Nsporta Tion A Nd Utilities (Legislature 24, Session 2)

L24 S2 1003

Alberta — Bills

1998 B ILL 50 Second Session, 24th Legislature, 47 Elizabeth II TH E LEGISLA TIVE A SSEMB LY OF A LB ERTA BILL 50 TRAFFIC SAFETY ACT TH E MINISTER OF TRA NSPORTA TION A ND UTILITIES First Reading Second Reading Committee of the Whole Third Reading Royal A ssent

Bill 50 BILL 50 1998 TRAFFIC SAFETY ACT (Assented to , 1998) Table of Contents

Interpretation 1

Part 1 General A dministration Division 1 General Staff 2 Delegation of power 3 Reproduction of documents, etc. 4 Documents signed by officials 5 Crown not liable 6 Division 2 Release of Information Release of personal driving and motor vehicle information 7 Information forwarded to Registrar 8 Release of safety information 9 Inspection of accident report 10 Certified copies of B oard documents 11 Division 3 Municipalities and Other A uthorities General powers of municipality 12 Private property 13 Restriction of powers 14 Control of traffic in provincial parks 15 1

Division 4 Regulations Regulations by the Lieutenant Governor in Council 16 Statute prevails 17 Power to prohibit 18 Power to establish standards, etc. 19

Part 2 A lberta Transportation Safety B oard Division 1 A dministration B oard 20 Chair and vice-chair of the B oard 21 Functions of the B oard 22 Conduct of business 23 Quorum 24 Procedure at B oard hearings, reviews and appeals 25 B oard decision is final 26 Division 2 Reviews Respecting Conduct of Drivers Reviews by B oard 27 A ction taken re reviews 28 Reconsideration re reviews 29 Consideration of driver’s record, etc. 30 Division 3 A ppeals to the B oard

Interpretation 31 A ppeal re cancellation of permits 32 A ppeals re Registrar’s disqualification, suspension, etc. 33 A ppeals re demerit points 34 A ppeals re suspension etc. of operator’s licence 35 A ppeals re 90-day disqualification, etc. 36 A ppeals re seizure or immobilization of motor vehicle 37 A ppeals re administrative penalties re commercial transport 38 A ppealss re driver training and driver examiners 39 A ppeals re safety fitness certificate, etc. 40 Other appeals 41 Commencement of appeals and interim relief 42 Reconsideration re appeals 43 A ppeal is not a stay 44 2

Division 4 A ppeals to Courts A ppeals to Court of Queen’s B ench 45 A ppeals to Court of A ppeal 46 B oard may be represented 47

Part 3 Motor Vehicle A dministration Division 1 Licences, Registration, Insurance and Permits Operators’ licences 48 Registration of vehicles 49 Licence plates 50 Insurance required 51 Information 52 Refusal to grant or issue motor vehicle document 53 Restriction of services 54 Refusal of service re maintenance orders 55 Medical review committee 56 Exclusion of liability re medical matters 57 A ltered documents 58 Permits 59 Liens 60 Regulations 61 Division 2 Vehicles, Equipment, A ccidents and Removal of Vehicles Equipment standards 62 Inspection of vehicles 63 Review by Court 64 Serially numbered vehicles and parts 65 Duty of driver re accident 66 Reports of peace officer re accidents 67 Reports of drivers re accidents 68 Place of offence re accident report 69 Investigations of accidents for general safety enhancement 70 Testing and examination of motor vehicles in accidents 71 Motor vehicle surveys re safety 72 Prohibitions re abandoning vehicles 73 Removal of vehicles 74 Forcible entry of vehicle 75 Exclusion from liability 76 Sales and rental of vehicles 77 Regulations 78 3

Part 4 Disqualification from Driving Division 1 Disqualifications A rising from Offences Operator’s licence suspended 79 Disqualification for impaired driving 80 Driving while prohibited under Criminal Code 81 Disqualification arising under National Defence A ct (Canada) 82 Suspension of operator’s licence 83 Licence disqualification 84 90-day disqualification re alcohol related offences 85 24-hour disqualification re alcohol or drug 86 24-hour disqualification re novice driver 87 Disqualification, etc. by Registrar 88 Removal of requirements disqualification 89 Exceptions, etc. 90 Prohibition re driving while disqualified, etc. 91 Punishment re driving while disqualified 92 Suspension continues after licence expires 93 Extended period of disqualification 94 Disqualifications to run consecutively 95 Setting aside suspension, etc. re demerit points 96 Regulations 97 Division 2 Disqualifications A rising from Judgments Saving of rights 98 Failure to satisfy judgment 99 Payment of judgment by instalments 100 A pplication for relief 101 Regulations 102

Part 5 General Operation of Vehicles Division 1 Speed Limits and Traffic Control Devices Standard speed limits 103 Standard speed limit re school or playground zone 104 Other speed limits 105 A pplication of speed limits re signs 106 Traffic control devices 107 Division 2 Operation of Vehicles Observance of rules of the road 108 Rules of the road 109 Operation of vehicles 110 4

Prohibited operation of vehicles 111 Regulations 112

Part 6 Off-highway Vehicles A pplication of A ct 113 Registration 114 Prohibited operation 115 Duty of driver re off-highway vehicle 116 Restriction on municipality 117 Stopping for peace officer 118 Production of documents 119 Reverse onus 120 Seizure of off-highway vehicle 121 Municipal bylaws 122 Regulations 123

Part 7 Commercial Motor Transport

Interpretation 124 Division 1 Operation of Commercial Vehicles Use of commercial vehicles 125 Cancellation of certificate 126 Non-payment of fees or charges 127 Division 2 Compliance Definition 128 Purposes of inspections 129 Inspections of commercial vehicles 130 Stopping for peace officer 131 Vehicle inspection stations 132 Inspections of transportation business premises 133 Production of documents 134 Detention of vehicle 135 Review by Court 136 A dministrative penalties 137 Vicarious liability 138 Division 3 Weight Weighing of vehicle 139 Checking of weight by portable scales, etc. 140 No alteration or redistribution of weight 141 Reduction of weight 142 Penalty re excess weight 143 Certificates of weight 144 5

Establishment of weights for vehicles 145 Municipalities re weight for vehicles 146 Restriction on municipality 147 Penalty re offences 148 B ills of lading, etc. 149 Regulations 150

Part 8 Enforcement, Rights, Remedies and Obligations Division 1 Offences Offences 151 Punishment 152 Reverse onus 153 Owner liable 154 Dismissal of charge 155 Disposition of fines and penalties 156 Division 2 Evidence in Prosecutions Certificates and affidavits 157 Traffic control device 158 Engineer’s certificate 159 Division 3 Peace Officers Stopping for peace officer 160 Production of documents 161 Seizure of licence plates 162 A rrest without warrant 163 Seizure of vehicle 164 Seizure of motor vehicle re insurance matters 165 24-hour seizure or immobilization of vehicle 166 Seizure or immobilization of motor vehicle 167 Claim by owner for expenses 168 Personal property 169 Repair of damaged vehicle 170 Right of entry to repair shops, etc. 171 A ssistance to peace officer 172 Division 4 Pleas, A ppeals, Prohibitions and Surrender of Licences Guilty pleas 173 Surrender of operator’s licence 174 A ppeal 175 Securing of motor vehicle document 176 Failure to surrender an operator’s licence, etc. 177 6

Division 5 Rights, Remedies and Obligations A ction for negligence not affected 178 Onus where A ct contravened 179 Onus on owner or driver 180 When driver deemed agent of owner 181 False statement 182

Part 9 Transitional Provisions, Consequential A mendments, Repeal and Coming into Force Transitional provisions 183 Regulations 184 Consequential amendments 185-208 Repeals 209 Coming into force 210 H ER MA JESTY, by and with the advice and consent of the Legislative A ssembly of A lberta, enacts as follows:

Interpretation 1(1) In this A ct, (a) “alley” means a narrow highway intended chiefly to give access to the rear of buildings and parcels of land; (b) “axle” means (

i) one or more shafts on which or with which 2 or more wheels revolve, and (ii) the wheels on each shaft; (c) “axle group” means 2 or more axles that are on a vehicle and that are situated on the vehicle as specified in the regulations; (d) “B oard” means the A lberta Transportation Safety B oard; (e) “boulevard” means, in an urban area, that part of a highway that (

i) is not roadway, and (ii) is that part of the sidewalk that is not especially adapted to the use of or ordinarily used by pedestrians; (f) “centre line” means 7

(

i) the centre of a roadway measured from the curbs or, in the absence of curbs, from the edges of the roadway, (ii) in the case of a highway (

A) that is an offset centre highway as designated by a traffic control device, or (

B) that is a highway having a certain number of traffic lanes for traffic moving in a certain direction at all times or at specified times as designated by a traffic control device, the line dividing the lanes for traffic moving in opposite directions, or (iii) in the case of a divided highway, that portion of the highway separating the roadways for traffic moving in opposite directions; (g) “certificate of registration” means a certificate of registration that is issued under this A ct and includes a document or information and other data contained in an electronic form that is recognized under this A ct as a certificate of registration; (h) “commercial vehicle” means a vehicle operated on a highway by or on behalf of a person for the purpose of providing transportation but does not include a private passenger vehicle; (i) “cycle” means a bicycle, power bicycle, motor cycle or moped; (j) “dealer” means any person who buys or sells motor vehicles as a business, either as principal or agent; (k) “driver” means a person who is driving or is in actual physical control of a vehicle; (l) “driving” includes having the care or control of a vehicle; (m) “emergency vehicle” means (

i) a vehicle operated by a police service as defined in the Police Act; (ii) a fire-fighting or other type of vehicle operated by the fire protection service of a municipality; 8

(iii) an ambulance operated by a person or organization providing ambulance services; (iv) a vehicle operated as a gas disconnection unit of a public utility; (

v) a vehicle designated by the regulations as an emergency response unit; (n) “financial responsibility card” means a card issued pursuant to the Insurance Act; (o) “goods” means any thing or load that is or may be carried by means of a vehicle; (p) “highway” means any thoroughfare, street, road, trail, avenue, parkway, driveway, viaduct, lane, alley, square, bridge, causeway, trestleway or other place or any part of any of them, whether publicly or privately owned, that the public is ordinarily entitled or permitted to use for the passage or parking of vehicles and includes (

i) a sidewalk, including a boulevard adjacent to the sidewalk, (ii) if a ditch lies adjacent to and parallel with the roadway, the ditch, and (iii) if a highway right of way is contained between fences or between a fence and one side of the roadway, all the land between the fences, or all the land between the fence and the edge of the roadway, as the case may be, but does not include a place declared by regulation not to be a highway; (q) “implement of husbandry” means (

i) a tractor designed and used for agricultural purposes, or (ii) a vehicle designed and adapted exclusively for agricultural, horticultural, aquaculture or livestock raising operations; (r) “insured motor vehicle” means a motor vehicle the owner of which is insured in respect of that motor vehicle by an insurer in accordance with the Insurance Act; 9

(s) “insurer” means a person licensed under the Insurance Act to carry on the business of automobile insurance in A lberta; (t) “licence plate” means a licence plate that is issued under this A ct and includes an object that is recognized under this A ct as a licence plate; (u) “maximum allowable weight” means the weight that may be borne by a commercial vehicle; (v) “Minister” means the Minister of Transportation and Utilities; (w) “mobility aid” means a device used to facilitate the transport, in a normal seated orientation, of a person with a physical disability; (x) “motor cycle” means a motor vehicle, other than a moped, that is mounted on 2 or 3 wheels and includes those motor vehicles known in the automotive trade as motor cycles and scooters; (y) “motor vehicle” means (

i) a vehicle propelled by any power other than muscular power, or (ii) a moped, but does not include a bicycle, a power bicycle, an aircraft, an implement of husbandry or a motor vehicle that runs only on rails; (z) “motor vehicle document” means (

i) an operator’s licence; (ii) a certificate of registration; (iii) a financial responsibility card; (iv) a licence plate; (

v) an operating authority certificate; (vi) a safety fitness certificate; (vii) a permit; (viii) a validation tab for a licence plate; 10

(ix) any other document not referred to in subclauses (

i) to (viii) that is prescribed by regulation as a motor vehicle document; (aa) “municipality” means a municipality as defined in the Municipal Government Act and includes a Metis settlement; (bb) “off-highway vehicle” means any motor vehicle built for cross-country travel on land, water, snow, ice or marsh or swamp land or on other natural terrain and, without limiting the generality of the foregoing, includes, when specifically designed for such travel, (i) 4-wheel drive vehicles, (ii) low pressure tire vehicles, (iii) motor cycles and related 2-wheel vehicles, (iv) amphibious machines, (

v) all terrain vehicles, (vi) miniature motor vehicles, (vii) snow vehicles, (viii) minibikes, and (ix) any other means of transportation that is propelled by any power other than muscular power or wind, but does not include (

x) motor boats, or (xi) any other vehicle exempted from being an off- highway vehicle by regulation; (cc) “operator’s licence” means an operator’s licence that is issued under this A ct and includes a document or information and other data contained in an electronic form that is recognized under this A ct as an operator’s licence; (dd) “optometrist” means a person who is a member of the A lberta A ssociation of Optometrists; (ee) “over-dimensional vehicle” means a vehicle, including any load that is carried on the vehicle, that exceeds the dimensions prescribed by regulation;

(ff) “owner” means the person who owns a vehicle and includes any person renting a vehicle or having the exclusive use of a vehicle under a lease that has a term of more than 30 days or otherwise having the exclusive use of a vehicle for a period of more than 30 days; (gg) “peace officer” means (

i) a member of the Royal Canadian Mounted Police; (ii) a member of a municipal police service; (iii) a special constable if under that person’s appointment as a special constable that person is empowered to carry out the duties of a peace officer under, or enforce the provisions of, this A ct; (iv) a park warden appointed pursuant to the National Parks Act (Canada), while that person is carrying out duties under this A ct in a national park established under the National Parks Act (Canada); (

v) a park ranger appointed pursuant to the Provincial Parks Act while carrying out duties under this A ct for the purposes of enforcing this A ct; (vi) a forest officer appointed under the Forests Act while carrying out duties under this A ct for the purposes of enforcing this A ct with respect to off-highway vehicles and their operation; (vii) a wildlife officer appointed under the Wildlife Act while carrying out duties under this A ct for the purposes of enforcing this A ct with respect to off-highway vehicles and their operation; (hh) “pedestrian” means (

i) a person on foot, or (ii) a person in or on a mobility aid, and includes those persons designated by regulation as pedestrians; (ii) “permit” means a permit issued under this A ct; (jj) “policy” means an owner’s or non-owner’s motor vehicle liability policy that is in conformity with

Part 7 of the Insurance Act; 12

(kk) “private passenger vehicle” means a vehicle used solely for personal transportation, (

i) including the carriage of goods that are the property of the owner of the vehicle and intended for the use or enjoyment of the owner or members of the owner’s household, but (ii) not including, in respect of a person’s business, work or employment, the carriage of passengers or of goods, except for sample cases or display goods that are conveyed by a salesman and that are not for delivery or resale; (11) “Registrar” means the Registrar of Motor Vehicle Services and includes any person who, on the directions of the Registrar, is acting on behalf of the Registrar of Motor Vehicle Services; (mm) “road authority” means, (

i) in the case of a highway that is under the direction, control and management of the Minister, the Minister; (ii) in the case of a highway that is under the direction, control and management of a municipality, the council of the municipality; (iii) in the case of (

A) a highway that is located in an improvement district, (

B) a forestry road, or (

C) a highway within a city, the title to which is vested in the Crown in right of A lberta pursuant to

section 22 of the Public Highways Development Act, the Minister; (iv) in the case of a highway that is located in a special area and that is under the direction, control and management of the Minister of Municipal A ffairs, the Minister of Municipal A ffairs; (

v) in the case of a highway that is located in a provincial park or recreation area and that is under the direction, control and management of the 13

Minister of Environmental Protection, the Minister of Environmental Protection; (vi) in the case of a licence of occupation road, the Minister of Environmental Protection; (vii) in the case of a highway that is located on an Indian reserve, if the title to the highway is vested in the Crown in right of A lberta and the highway is not the subject of an agreement under the Public Highways Development Act, the Minister; (viii) in the case of a highway that is under the direction, control and management of a Metis settlement, the Metis settlement; (nn) “roadway” means that part of a highway intended for use by vehicular traffic; (oo) “salvage vehicle” means a written-off motor vehicle that (

i) is sold to a person who is going to destroy the motor vehicle for scrap or dismantle it for parts, or (ii) is destroyed for scrap or dismantled for parts by the person who owned the motor vehicle when it became a written-off motor vehicle; (pp) “sidewalk” means that part of a highway especially adapted to the use of or ordinarily used by pedestrians, and includes that part of a highway between (

i) the curb line, or (ii) where there is no curb line, the edge of the roadway, and the adjacent property line, whether or not it is paved or improved; (qq) “state of the United States of A merica” includes the District of Columbia; (rr) “subsisting” when used in relation to a motor vehicle document or a policy means a current motor vehicle document or a policy that at the relevant time has not expired nor been suspended or cancelled; (ss) “traffic control device” means any sign, signal, marking or device placed, marked or erected under the authority of this A ct for the purpose of regulating, warning or guiding traffic; 14

(tt) “traffic control signal” means a traffic control device, whether manually, electrically or mechanically operated, by which traffic is directed to stop and to proceed; (uu) “trailer” means a vehicle so designed that it (

i) may be attached to or drawn by a motor vehicle or tractor, and (ii) is intended to transport property or persons, and includes any vehicle defined by regulation as a trailer but does not include machinery or equipment solely used in the construction or maintenance of highways; (vv) “urban area” means a city, town or village or an urban service area within a specialized municipality; (ww) “vehicle” means a device in, on or by which a person or thing may be transported or drawn on a highway and includes a combination of vehicles but does not include a mobility aid; (xx) “written-off motor vehicle” means a written-off motor vehicle described by regulation as a written-off vehicle.

(2) In this A ct, (

a) a reference to “this A ct” includes the regulations made under this A ct, but (

b) a reference to “this statute” does not include the regulations made under this A ct.

(3) The Lieutenant Governor in Council may make regulations defining, for the purposes of this A ct, any term used in this A ct that is not otherwise defined in this statute.

(4) A ny term defined pursuant to subsection (3) shall be treated in the same manner as if it had been defined under subsection (1).

(5) For the purposes of the following provisions, “operator’s licence” includes a licence or permit issued in another jurisdiction that permits a person to operate a motor vehicle:

section 1(1)(rr);

section 36;

Part 4;

Part 8. 15

(6) For the purposes of the following provisions, “certificate of registration” includes a document issued in another jurisdiction that shows that a motor vehicle or trailer is registered under the laws of that jurisdiction:

section 1(1)(rr);

Part 8.

(7) For the purposes of the following provisions, “licence plate” includes a licence plate issued in another jurisdiction:

section 1(1)(rr);

Part 8.

(8) Where a highway is located both within an urban area and outside of an urban area and this A ct refers to the highway (

a) as a highway in an urban area, that reference is a reference to that portion of the highway that is located in an urban area, or (

b) as a highway outside of an urban area, that reference is a reference to that portion of the highway that is not located in an urban area.

(9) In this A ct, a reference to the “rules of the road” refers to the regulations made under

section 109 governing the operation of vehicles on and the use of highways by persons.

(10) A ny reference in this A ct to a sign erected means a sign erected under the authority of this A ct.

(11) A ny reference in this A ct to “driver’s vehicle” means the vehicle that a driver is driving whether or not that person is the owner of the vehicle.

(12) A ny reference to the weight of or carried on a commercial vehicle is a reference to, as the case may be, (

a) the weight of or borne by the vehicle, (

b) the weight borne by an axle or an axle group of a vehicle, (

c) the weight borne by a tire or group or combination of tires of a vehicle, or (

d) the weight borne by any other portion or part of a vehicle. 16

PART 1 GENERAL ADMINISTRATION Division 1 General Staff 2(1) In accordance with the Public Service Act there may be appointed a Registrar of Motor Vehicle Services and any other officers and employees required for the administration of this A ct.

(2) For the purposes of this A ct, the Minister may appoint or designate persons as engineers and testers. Delegation of power 3(1) A person may in writing authorize one or more of the following to do any act or thing or other function, other than make regulations, that the person is empowered to do or perform under this A ct: (

a) the B oard; (

b) an employee of the Government; (

c) a peace officer; (

d) any person or class of persons designated by the Minister.

(2) A n authorization made under subsection (1) may be (

a) general or applicable to a particular case, and (

b) conditional or unconditional.

(3) Where an authorization (

a) purports to be signed by the person giving the authorization, and (

b) states that the person named in it is authorized to do the function set out in the written authorization, that authorization or a copy of it shall be admitted in evidence as prima facie proof of that person’s authorization to do the function without proof of the signature or official character of the person appearing to have signed the authorization.

(4) Notwithstanding that a person has given an authorization under this section, that person may do that function in respect of which the authorization was given. 17

(5) Where authorized by the Minister, (

a) the Registrar, (

b) the B oard, or (

c) an employee of the Government designated by the Minister, may accept and exercise powers conferred on that person or body pursuant to the Canada Transportation Act (Canada) or the Motor Vehicle Transport Act, 1987 (Canada). Reproduction of documents, etc. 4(1) The Minister may, on any terms or conditions that the Minister directs, authorize the Registrar to cause any document, item or thing, including a class of document, a copy of a document or a document recorded on a photographic medium or by electronic means that is filed or maintained under this A ct to be reproduced on a photographic medium, or by electronic means.

(2) A reproduction of a document, item or thing that is certified by the Registrar to be a true copy of the reproduced document, item or thing (

a) stands in the place of the original document, item or thing, (

b) shall be treated as the original document, item or thing for all purposes under this A ct, and (

c) is admissible in evidence in any legal proceeding in the same manner and for all purposes as if it were the original document, item or thing. Documents signed by officials 5(1) Every document that purports to be signed or issued by (

a) the chair, vice-chair or member of the B oard, (

b) the secretary of the B oard, (

c) the Registrar of Motor Vehicle Services, (

d) a person to whom an authorization is made under

section 3, if the document relates to a function that the person is authorized to perform, (

e) the Registrar of Corporations, 18

(

f) a person who is authorized to perform a function of the Registrar, if the document relates to a function that the person is authorized to perform, (

g) an official of a jurisdiction other than A lberta who is a registrar of motor vehicles or performs a function for that jurisdiction similar to the function that the Registrar performs for A lberta, or (

h) the person performing the functions of the provincial transport board as defined under the Motor Vehicle Transport Act, 1987 (Canada), shall be admitted in evidence as prima facie proof of the facts stated in the document without proof of the signature, if any, or the official character of the person who signed the certificate.

(2) When proof is required of (

a) the suspension or cancellation of a motor vehicle document, or (

b) the disqualification of a person from driving a motor vehicle in A lberta or from holding a motor vehicle document under this A ct, the production of a certificate purporting to be signed by the Registrar stating that (

c) the motor vehicle document issued to that person is suspended or cancelled, or (

d) the person named in the certificate is disqualified from driving a motor vehicle in A lberta or from holding a motor vehicle document under this A ct, as the case may be, shall be admitted in evidence as prima facie proof that the person so named is so disqualified, without proof of the signature, if any, or official character of the person signing the certificate.

(3) In a prosecution for an offence with respect to a failure to comply with

section 67 or 68, a certificate purporting to be signed by the Registrar that any accident report required under this A ct has or has not been made shall be admitted in evidence as prima facie proof of all the facts stated in the certificate without proof of the signature, if any, or official character of the person signing the certificate. (4 ) A certificate purporting to be signed by the chair, vice-chair, member or secretary of the B oard or the Registrar certifying 19

(

a) that a notice or document given or made under this A ct was sent, and (

b) that according to the records kept under this A ct the notice or document was sent to the latest address shown on those records as being the address of the person named in the notice or document, shall be admitted in evidence as prima facie proof of the facts stated in the certificate without proof of the signature, if any, or official character of the person signing the certificate.

(5) A certificate referred to in this

section is admissible in evidence in all actions to which the Alberta Evidence Act applies.

(6) The Minister may approve a seal of office for the B oard or the Registrar and that seal may for the purposes of this A ct be used in conjunction with or in place of a signature. Crown not liable 6 No liability attaches to the Crown for any loss or damage that arises from (

a) incorrect information contained in (

i) a motor vehicle document, (ii) an application for a motor vehicle document, or (iii) any other document that is created under this A ct and not referred to in subclauses (

i) and (ii), or (

b) the issuance of any document referred to in clause (a), notwithstanding that the information may have been entered by some person other than an applicant for the document if that information was entered on the document in good faith. Division 2 Release of Information Release of personal driving and motor vehicle information 7(1) In this section, “personal driving and motor vehicle information” means (

a) any information supplied by an individual under this A ct in order for that individual to be issued a motor vehicle document in that individual’s name, or 20

(

b) any information pertaining to the driving record of an individual.

(2) Neither the Registrar nor any person acting on behalf of the Registrar or providing services under this A ct shall release personal driving and motor vehicle information except to the persons to whom and in the circumstances under which personal information may be disclosed under

section 38 of the Freedom of Information and Protection of Privacy Act.

(3) Notwithstanding subsection (2), on request the Registrar (

a) may furnish an abstract of the driving record of a person (

i) to that person, (ii) for the 3-year period or a greater period preceding the request as permitted by the Registrar, to an insurer or surety, if (

A) the abstract is required for the purposes of determining whether to grant or maintain motor vehicle insurance in respect of that person, and (

B) the insurer or surety, as the case may be, has a written authorization from that person authorizing the abstract to be released to the insurer or surety, (iii) to a peace officer, (iv) to an employer or prospective employer of that person if the employer or prospective employer has a written authorization from that person authorizing the abstract to be released to the employer or prospective employer, (

v) to a parent or guardian of that person if, under the law, that person requires the signature of that parent or guardian on that person’s operator’s licence application, or (vi) to a lawyer of that person if the lawyer has a written authorization from that person authorizing the abstract to be released to that lawyer, and (

b) shall furnish to a person who is injured or whose property is damaged by a motor vehicle, or to that person’s personal representative, in the case where that person is killed by a 21

motor vehicle, any information on the Government’s records pertaining to the proof of financial responsibility of any owner or driver of the motor vehicle. Information forwarded to Registrar 8(1) Notwithstanding anything in the Young Offenders Act, when a court (

a) finds a person guilty of an offence under this A ct, (

b) finds a person guilty of an offence to which

section 80, 81, 83, 84, 86 or 167 applies, (

c) adjudges a child to have committed an offence under this A ct, (

d) adjudges a child to have committed an offence to which

section 80, 81, 83, 84, 86 or 167 applies, (

e) makes a judgment for damages arising out of a motor vehicle accident, or (

f) makes any other order under this A ct, the clerk or registrar of the court shall immediately forward to the Registrar a certified copy of the order, judgment, conviction, absolute or conditional discharge or a transcript or certificate thereof in a form prescribed by the Registrar.

(2) The certified copy or certificate is prima facie proof of the order, judgment, conviction, absolute or conditional discharge or finding of juvenile delinquency.

(3) The clerk or other official charged with the duty of reporting to the Registrar is entitled to collect and receive a fee prescribed by the regulations for each copy or certificate required by this section.

(4) If the defendant is not resident in A lberta, the Registrar shall transmit a certificate of the order, judgment or conviction to the registrar or other officer or officers, if any, in charge of the registration of motor vehicles and the licensing of operators in the province or state in which the defendant resides. Release of safety information 9(1) The Registrar may publish reports, statistics or other information arising out of matters referred to in sections 10 and 70 for the purposes of informing the Minister and the public as to the nature and causes of accidents.

(2) Notwithstanding subsection (1), no report, statistics or other information published under subsection (1) shall contain any 22

particulars that any person could identify as relating to any specific person or accident unless the previous consent in writing of the person, or if more than one person, of all of them, has been obtained for release of the information.

(3) Publication of information under subsection (1) is not a contravention of

section 10 or 70(3) or (4). Inspection of accident report 10(1) In this section, “previous legislation” means (

a) sections 83, 84 and 85 of the Highway Traffic Act, RSA 1970 cl69, and (

b) sections 77, 78 and 79 of the Motor Vehicle Administration Act, RSA 1980 cM-22, or any one or more of those provisions that are applicable in the circumstances.

(2) Subject to the regulations, where a report is made under (

a) the previous legislation, (

b) section 67 or 68 of this A ct, or (

c) the regulations, in respect of an accident involving a motor vehicle, the Registrar or a peace officer may release information contained in that report to (

d) a person or an insurance company or a lawyer, agent or representative of that person or company if that person or company (

i) has paid or may be liable to pay damages, or (ii) has recovered or may be entitled to recover damages; (

e) the Registrar for the purposes of monitoring the safe operation of commercial vehicles; (

f) a municipality for the purpose of improving traffic circulation or the management of roadways.

(3) Subject to subsection (2), a report or statement made or furnished under the previous legislation or

section 67 or 68 and the regulations made under this A ct governing accident reports 23

(

a) is not open to public inspection, and (

b) is not admissible in evidence for any purpose in a legal proceeding arising out of the accident except to prove (

i) compliance with the previous legislation or

section 67 or 68 of this A ct and the regulations made under this A ct governing accident reports, as the case may be, (ii) falsity in a prosecution for making a false statement in the report or statement, or (iii) the identity of the persons who were driving the vehicles involved in the accident. Certified copies of Board documents 11 On the request by a person and payment of the prescribed fee, the secretary of the B oard may provide to that person a certified copy of any order, decision, certificate or other public document issued or granted by the B oard that is requested by that person.

Division 3 Municipalities and Other Authorities General powers of municipality 12 Subject to this A ct and the Transportation of Dangerous Goods Control Act, the council of a municipality may, with respect to a highway under its direction, control and management, make bylaws that are not inconsistent with this A ct, doing the following: (

a) governing the use of highways; (

b) governing the parking of vehicles; (

c) governing the establishment and use of parking places that are for the exclusive use of persons with disabilities who display on their vehicles a disabled placard or licence plate that is issued or recognized by the Registrar; (

d) governing access to highways from private land; (

e) governing fees charged with respect to the parking of vehicles; (

f) classifying motor vehicles and other vehicles and pedestrians for any purposes involving the use of streets, lanes and other public places; (

g) with respect to noise produced in connection with a vehicle, 24

(

i) defining what constitutes an objectionable noise, (ii) establishing a method of determining or measuring noise, and (iii) prohibiting the use or operation of a vehicle where the noise produced in connection with that vehicle is objectionable noise; (

h) governing the turning of vehicles at intersections; (

i) governing the encumbering of highways; (

j) governing, subject to sections 74 to 76, the impounding and removal of vehicles (

i) in respect of which parking fees are payable, (ii) that are parked in an area where parking is prohibited, or (iii) that are parked in contravention of this A ct or a bylaw; (

k) governing the licensing of bicycles; (

l) governing the use of helmets by persons riding bicycles; (

m) governing the impounding of bicycles, skateboards and similar devices; (

n) governing parades and processions; (

o) governing closing or restricting the use of a highway; (

p) authorizing the municipality to issue a licence or permit that is terminable on 30 days’ notice in writing for the temporary occupation or use of a road allowance, highway, or a portion of a road allowance or highway when it is not required for public use; (

q) restricting the use of specific traffic lanes to vehicles carrying a prescribed number of passengers; (

r) restricting the use of specific traffic lanes to specific vehicles or classes of vehicles; (

s) governing the issuing of tags, tickets or other documents; (

t) governing the placing of tags, tickets or other documents on vehicles; 25

(

u) governing the marking of tires on vehicles for the purpose of enforcing parking bylaws; (

v) governing the employing of or engaging the services of persons to enforce bylaws made with respect to the parking of vehicles; (

w) governing the transporting of persons in the box of trucks and trailers; (

x) designating routes for vehicles or classes of vehicles; (

y) prescribing or otherwise providing for penalties with respect to the contravention of a bylaw made under this Division. Private property 13 Subject to this A ct and the Provincial Offences Procedure Act, the council of a municipality may, with respect to privately owned property that is located within the municipality and to which vehicles generally have access, make bylaws; (

a) governing parking on the property without the permission or authorization of the owner of the property or a person having possession or control of the property; (

b) governing the parking of vehicles in manufactured home communities; (

c) governing the establishment and use of parking places that are for the exclusive use of persons with disabilities who display on their vehicles a disabled placard or licence plate that is issued or recognized by the Registrar; (

d) governing the issuing of tags or tickets or other documents in respect of vehicles parked in contravention of a bylaw made under this section; (

e) governing the placing of tags, tickets or other documents on vehicles; (

f) governing, subject to sections 74 to 76, the removal and impounding of vehicles parked in contravention of a bylaw made under this section; (

g) providing for the laying of an information and complaint against the owner of a vehicle parked or a person who parked a vehicle in contravention of a bylaw made under this section; 26

(

h) prescribing speed limits in respect of lanes or other thoroughfares used by vehicles. Restriction of powers 14 Unless specifically permitted by this A ct or any other A ct, a council of a municipality does not have any power to make a bylaw that does one or more of the following: (

a) imposes any tax, fee, licence or permit respecting the use of highways; (

b) excludes persons generally from using highways; (

c) prohibits the use of highways; (

d) affects in any way the registration or numbering of motor vehicles. Control of traffic in provincial parks 15 With respect to a highway under the direction, control and management of the Minister of Environmental Protection, the Minister of Environmental Protection may make regulations (

a) governing the movement of vehicular, pedestrian or other traffic on the highway by means of signs erected along the highway; (

b) governing the opening or closing of highways. Division 4 Regulations Regulations by the Lieutenant Governor in Council 16(1) The Lieutenant Governor in Council may make regulations (

a) providing for and governing the service of documents and the deemed service of documents under this A ct; (

b) subject to

section 1(5), (6) and (7), specifying the provisions of this A ct in which (i) “certificate of registration” includes a document issued in another jurisdiction that shows that a motor vehicle or trailer is registered under the laws of that jurisdiction; (ii) “licence plate” includes a licence plate issued in another jurisdiction; 27

(iii) “operator’s licence” includes a licence or permit issued in another jurisdiction that permits a person to operate a motor vehicle; (

c) for the purposes of

section 163, designating those offences under this A ct for which a person may be arrested without a warrant; (

d) establishing and governing a program under which drivers are assessed demerit points that is based on a contravention of (

i) this A ct, or (ii) any other A ct or regulation that relates to the safe operation of a vehicle; (

e) providing for and governing sanctions that may be imposed in respect of a program referred to in clause (d), including the suspension or cancellation of an operator’s licence; (

f) for the purposes of

section 1(1)(hh), designating persons as pedestrians.

(2) The Minister may make regulations (

a) exempting or providing for the granting of exemptions of persons or vehicles or classes of persons or vehicles from any provision of this A ct; (

b) governing any matter respecting the seizure under this A ct of vehicles and the contents and loads of vehicles. Statute prevails 17 Where there is a conflict between this statute and a regulation or bylaw made under this statute, this statute prevails. Power to prohibit 18 The authority to make a regulation or a bylaw under this statute governing or respecting any matter includes the authority to make prohibitions in respect of that matter. Power to establish standards, etc. 19 The authority to make a regulation or a bylaw under this statute governing or respecting any matter includes the authority (

a) to establish criteria, specifications and standards in respect of that matter, (

b) to adopt any code with respect to the matters referred to in clause (a), and 28

(

c) to modify any code referred to in clause (b).

PART 2 ALBERTA TRANSPORTATION SAFETY BOARD Division 1 Administration Board 20(1) The A lberta Motor Transport B oard and the Driver Control B oard are amalgamated and continued as a single board with the name “A lberta Transportation Safety B oard”.

(2) The B oard shall consist of the persons appointed by the Lieutenant Governor in Council as members of the B oard.

(3) The B oard is a corporation.

(4) The members of the B oard who are not officers or employees of the Crown or of an agency of the Crown may be paid remuneration and expenses while engaged in the business of the B oard at a rate prescribed by the Lieutenant Governor in Council. Chair and vice-chair of the Board 21(1) The Lieutenant Governor in Council shall designate one member of the B oard as the chair of the B oard and may designate one or more members of the B oard as vice-chairs of the B oard.

(2) When the chair is not present or able to act, a vice-chair as specified by the chair or, if a vice-chair is not so specified, any vice-chair may act in the place of the chair.

(3) If the chair or a vice-chair is not present or able to act, the chair may appoint one of the members of the B oard to act as the chair at that meeting.

(4) When a member of the B oard other than the chair or a vice-chair has acted as the chair under subsection (3), that person is deemed to have so acted as if that person were the chair. Functions of the Board 22 The B oard shall (

a) consider applications for operating authority certificates with respect to the operation of commercial vehicles that are buses; (

b) conduct reviews and appeals under Divisions 2 and 3; (

c) consider any matter referred to it by the Minister. 29

Conduct of business 23(1) The members of the B oard shall meet at the times and places specified by the chair.

(2) The B oard may prescribe rules of procedure for the conduct of its business generally. Quorum 24 A quorum of the B oard consists of (

a) one member of the B oard, (

i) in the case of an appeal conducted under

section 37, or (ii) in the case of a matter to which

section 28(

b) applies, where considered appropriate by the chair; (b) 2 members of the B oard (

i) subject to clause (a)(ii), in the case of a review conducted under Division 2, or (ii) in the case of an appeal conducted under

section 34; (c) 3 members of the B oard, in the case of (

i) an application for an operating authority certificate under

Part 7 with respect to the operation of a commercial vehicle that is a bus, or (ii) an appeal conducted under

section 32, 33, 35, 36, 38, 39, 40, 41 or 43. Procedure at Board hearings, reviews and appeals 25(1) For the purposes of conducting hearings, reviews and appeals before the B oard, (

a) the chair and the other members of the B oard have the same power as is vested in the Court of Queen’s B ench for the trial of civil actions (

i) to summon and enforce the attendance of witnesses, (ii) to compel witnesses to give evidence on oath or otherwise, (iii) to compel witnesses to give evidence in person or otherwise, and 30

(iv) to compel witnesses to produce any record, object or thing that relates to the matter being heard; (

b) the B oard may take evidence under oath; (

c) any member of the B oard or the secretary of the B oard may administer oaths for the purpose of talcing evidence; (

d) the B oard may grant interim relief and stays in respect of the proceedings before the B oard; (

e) the B oard may require a person who is the subject of or party to a hearing, a review or an appeal to personally attend the proceedings before the B oard; (

f) a person who is the subject of or a party to a hearing, a review or an appeal (

i) has the right to appear before the B oard and make representations in respect of the matter, and (ii) has the right to be represented before the B oard by legal counsel.

(2) With respect to hearings, reviews and appeals before the B oard, the B oard, with the approval of the Minister, may, subject to this A ct, make rules (

a) governing notices of hearings, reviews and appeals; (

b) governing applications for and conditions to be met respecting hearings, reviews and appeals; (

c) governing the procedure before the B oard; (

d) governing adjournments of matters before the B oard; (

e) governing the attendance of witnesses; (

f) governing the applicability of the rules of evidence in judicial proceedings to hearings, reviews and appeals before the B oard; (

g) governing the receiving and recording of evidence; (

h) empowering the B oard to proceed and determine a matter when a party to a matter before the B oard fails to appear at or attend a hearing, a review or an appeal; (

i) governing the interim relief and stays that may be granted; 31

(

j) providing for majority and minority decisions; (

k) empowering the B oard to consider a matter based on material submitted to the B oard by the parties without the parties or their representatives appearing before the B oard and governing the procedure to be used in those circumstances; (

l) governing the applicability of the Alberta Rules of Court; (

m) providing for the issuing and publication of decisions of the B oard; (

n) governing the reconsideration of decisions made by the B oard; (

o) governing the providing of the decisions of the B oard to the parties who are subject to the decisions; (

p) governing costs.

(3) Where the Registrar is summoned to attend before the B oard, the Registrar may in writing designate an employee of the Government who is, in the opinion of the Registrar, knowledgeable in respect of the subject-matter that is being considered by the B oard to attend before the B oard on behalf of the Registrar and that designated person is deemed to be the person who was summoned to attend before the B oard. (4 ) The Regulations Act does not apply to rules made under subsection (2). Board decision is final 26 Subject to sections 45 and 46, every decision or order of the B oard is final.

Division 2 Reviews Respecting Conduct of Drivers Reviews by Board 27(1) The B oard may conduct reviews into a person’s ability or attitude respecting the operation of a motor vehicle (

a) where the B oard is concerned as to the person’s ability or attitude regarding the operation of a motor vehicle, or (

b) where the Minister, a court or the Registrar has advised the B oard as to a concern respecting the person’s ability or attitude regarding the operation of a motor vehicle. 32

(2) The B oard may consider applications by persons seeking relief under

section 28(b). Action taken re reviews 28 On conducting a review or considering an application under

section 27 the B oard may, (

a) where a person’s ability or attitude regarding the operation of a motor vehicle has been considered by the B oard, (

i) disqualify the person from driving a motor vehicle in A lberta for a definite or indefinite period of time; (ii) with respect to that person, prescribe any measure or course of remedial education or treatment as a condition of acquiring or holding an operator’s licence; (iii) prescribe terms and conditions governing that person’s operator’s licence; (

b) where the suspension of a person’s operator’s licence or the disqualification of a person to hold an operator’s licence arises out of that person’s being found guilty under

section 253 or 254 of the Criminal Code (Canada), (

i) on the expiration of a suspension or disqualification imposed by a court, set aside the operation of the suspension or disqualification imposed under this A ct on the condition that the person who is subject to the suspension or disqualification (

A) does not operate a motor vehicle unless the vehicle is equipped with an alcohol-sensing device that meets the approval of the B oard, and (

B) complies with any terms or conditions imposed by the B oard; (ii) on the expiration of the suspension or disqualification imposed under this A ct, direct that the reinstatement or issuance of an operator’s licence to the person who was subject to the suspension or disqualification be on the condition that the person, in addition to complying with the requirements imposed under this A ct, (

A) does not operate a motor vehicle unless the vehicle is equipped with an alcohol-sensing device that meets the approval of the B oard, and 33

(

B) complies with any terms or conditions imposed by the B oard. Reconsider ation re reviews 29(1) Where the B oard has reviewed or considered a matter under

section 27 and made a decision under

section 28, the B oard shall on the application of the person who is the subject of that decision reconsider the decision.

(2) Notwithstanding subsection (1), once a decision of the B oard has been reconsidered by the B oard in respect of a matter referred to in subsection (1), the B oard may refuse to reconsider the decision again if in the opinion of the B oard the circumstances in respect of the matter have not substantially changed from the time of the previous reconsideration.

Consideration of driver's record, etc. 30 In making a decision under this Division or Division 3, the B oard may take into consideration a person’s accident record, conviction record, driver attitude, driving skills and knowledge, driving disabilities and any other factors that the B oard considers relevant. Division 3 Appeals to the Board

Interpretation 31 A ny reference in this Division to the Registrar in respect of any matter includes a reference to any decision or action made or taken by the Registrar relating to that matter. Appeal re cancellation of permit 32(1) Where the Registrar cancels a person’s permit under

section 59, that person may appeal the cancellation to the B oard.

(2) In determining an appeal commenced pursuant to this section, the B oard may (

a) reaffirm any action taken by the Registrar that the B oard considers appropriate in the circumstances; (

b) direct the Registrar to reinstate a permit; (

c) remove or vary any term or condition imposed in respect of a permit; (

d) make the order subject to any terms or conditions that the B oard considers appropriate in the circumstances. 34

Appeals re Registrars disqualifica tion, suspension, etc. 33(1) Where under

section 88(4) the Registrar (

a) disqualifies a person from driving a motor vehicle, (

b) suspends a person’s operator’s licence, or (

c) suspends or cancels a certificate of registration issued to a person, that person may appeal that disqualification, suspension or cancellation to the B oard.

(2) In determining an appeal commenced pursuant to this section, the B oard may (

a) confirm, vary or rescind the decision made by the Registrar, or (

b) set aside the decision made by the Registrar and make any decision that the Registrar is empowered to make. Appeals re demerit points 34(1) Where the Registrar conducts a review under

section 96 with respect to the suspension or cancellation of a person’s operator’s licence by reason of the accumulation of demerit points, that person may appeal the decision of the Registrar arising out of that review to the B oard.

(2) In determining an appeal commenced pursuant to this section, the B oard may (

a) confirm, vary or rescind the decision made by the Registrar, or (

b) set aside the decision made by the Registrar and make any decision that the Registrar is empowered to make. Appeals re suspension etc. of operator's licence 35(1) Where (

a) a person’s operator’s licence is suspended under

section 83(1), or (

b) a person is disqualified from holding an operator’s licence under

section 83(2), that person may appeal the imposition of or length of the suspension or disqualification to the B oard.

(2) In determining an appeal commenced pursuant to this section, the B oard may 35

(

a) confirm the suspension or disqualification; (

b) reduce, with or without conditions, the term of suspension or disqualification; (

c) cancel the disqualification; (

d) terminate the suspension. Appeals re 90-day disqualifi cation, etc. 36(1) In this section, “alcohol-related offence”, and “temporary operator’s permit” means an alcohol-related offence and temporary operator’s permit as defined in

section 85.

(2) Where, with respect to alcohol-related offences, (

a) a person’s operator’s licence or a temporary operator’s permit is suspended, or (

b) a person is disqualified from acquiring or holding an operator’s licence or from operating a motor vehicle, under

section 85, the person may appeal that suspension or disqualification to the B oard.

(3) In an appeal under this

section the sole issue to be determined by the B oard is whether it is established to the satisfaction of the B oard that the person who is the subject of the suspension or disqualification had committed an alcohol-related offence while operating a motor vehicle.

(4) In determining an appeal commenced pursuant to this section, the B oard, (

a) where the evidence supports an affirmative determination as to the issue referred to in subsection (3), shall confirm the suspension or disqualification, or (

b) where the evidence supports a negative determination as to the issue referred to in subsection (3), shall (

i) cancel the suspension or disqualification, and (ii) direct the return to the appellant of any fees paid to the Government by the appellant in respect of the appeal conducted under this section. 36

Appeals re seizure or immobilization of motor vehicles 37(1) Where a person’s motor vehicle is seized or immobilized under

section 167, that person or another person who has an interest in that motor vehicle may appeal the seizure or immobilization to the B oard.

(2) In determining an appeal commenced pursuant to this section, the B oard may confirm, vary or rescind the decision made or action taken under

section 167. Appeals re administrative penalties re commercial transport 38(1) Where a regulated person, as defined in

section 137, is affected by a decision made or an action taken by the Registrar under

section 137, that person may appeal that decision or action to the B oard.

(2) In determining an appeal commenced pursuant to this section, the B oard may (

a) confirm, vary or rescind the decision made by the Registrar, or (

b) set aside the decision made or action taken by the Registrar and make any decision or take any action that the Registrar is empowered to make or take. Appeals re driver training and driver examiners 39(1) Where a person who operates a driver training school, is a driver examiner or is a driver instructor is affected by a decision or action of the Registrar with respect to the operation of or the provision of services by the driver training school or the actions of or the provision of services by the driver examiner or driver instructor, that person may appeal that decision or action to the B oard.

(2) In determining an appeal commenced pursuant to this section, the B oard may (

a) confirm, vary or rescind the decision made by the Registrar, or (

b) set aside the decision made or action taken by the Registrar and make any decision or take any action that the Registrar is empowered to make or take. Appeals re safety fitness certificate, etc. 40(1) In this section, “certificate” means a certificate as defined in

section 124(1)(c).

(2) Where the Registrar 37

(

a) refuses to issue a certificate to an applicant, the applicant may appeal the refusal to issue the certificate to the B oard, (

b) imposes a term or condition in respect of a certificate, the carrier may appeal the imposition of the term or condition to the B oard, (

c) makes an order under

section 126(2) suspending or cancelling a certificate, the carrier may appeal the suspension or cancellation of the certificate to the B oard, or (

d) makes an order changing the safety rating of a carrier, the carrier may appeal the change in the safety rating to the B oard.

(3) In determining an appeal commenced pursuant to this section, the B oard may (

a) reaffirm any action taken by the Registrar that the B oard considers appropriate in the circumstances; (

b) direct the Registrar to issue or not to issue a certificate; (

c) direct the Registrar to reinstate a certificate; (

d) direct the Registrar to reinstate the safety rating to what it was or to what the B oard considers is appropriate in the circumstances; (

e) remove or vary any term or condition imposed in respect of a certificate; (

f) make the order subject to any terms or conditions that the B oard considers appropriate in the circumstances. Other appeals 41(1) Where directed to do so by the Minister, the B oard shall conduct an appeal in respect of any matter arising under this A ct that is not otherwise provided for under this Part.

(2) In determining an appeal commenced pursuant to this section, the B oard may, subject to this A ct, provide such relief as the B oard considers appropriate in the circumstances. Commence ment of appeals and interim relief 42(1) A n appeal may be commenced under this Division by filing a notice of appeal accompanied by the prescribed fee, if any, with the B oard within 30 days from the day that the person requesting the appeal is notified in writing of the decision or action, as the case may be, in respect of which the appeal is being commenced. 38

(2) A fter the commencement of an appeal, the B oard may grant interim relief and make the interim relief subject to any terms or conditions that the B oard considers appropriate in the circumstances.

(3) The interim relief granted under subsection (2) may include the granting of an interim permit, certificate or other document that is valid for a period of time that does not extend beyond the point in time at which the B oard renders its decision in respect of the appeal. Reconsidera tion re appeals 43(1) Where the B oard has conducted an appeal and made a decision under this Division, the B oard shall on the application of the person who is the subject of the decision reconsider the decision.

(2) Notwithstanding subsection (1), once a decision of the B oard has been reconsidered by the B oard in respect of a matter referred to in subsection (1), the B oard may refuse to reconsider the decision again if in the opinion of the B oard the circumstances in respect of the matter have not substantially changed from the time of the previous reconsideration.

Appeal is not a stay 44 A n appeal commenced under this Division does not, except as otherwise directed by the B oard, stay any suspension, cancellation, disqualification or other decision or action that is the subject of or otherwise related to the appeal. D ivision 4 A ppeals to C ourts Appeals to Court of Queen’s Bench 45(1) A person who is aggrieved by a decision of the B oard (

a) made in respect of (

i) a matter referred to in

section 28(a), if the suspension of the operator’s licence is for an indefinite period of time or for a period of more than 6 months, or (ii) a matter referred to in

section 28(b), or (

b) arising out of an appeal conducted under

section 34, may, subject to subsection (2), appeal the decision of the B oard to the Court of Queen’s B ench. 39

(2) A n appeal of a decision of the B oard under this

section may be commenced only if the B oard has reconsidered that decision at least once under

section 29 or 43.

(3) A n appeal under this

section must not be commenced at any time after 30 days has expired from the day that (

a) the B oard’s decision arising out of or in respect of a reconsideration under

section 29(1) or 43(1), or (

b) the B oard’s decision under

section 29(2) or 43(2) not to reconsider the matter, has been sent to that person’s latest address as recorded with the Registrar.

(4) The Court of Queen’s B ench may confirm, vary or set aside the decision of the B oard.

(5) A n appeal under this

section must be commenced by filing an originating notice with the Court of Queen’s B ench. Appeals to Court of Appeal 46(1) A n appeal lies from the decision of the B oard to the Court of A ppeal on a question of jurisdiction or on a question of law.

(2) A n appeal under this

section must not be commenced at any time after 30 days has expired from the day that the B oard has served written notice of its decision on the person who was the subject of that decision. Board may be represented 47 The B oard is entitled to be represented at an appeal conducted pursuant to this Division and to make representations in respect of any matter before the Court that is related to the appeal.

PART 3 MOTOR VEHICLE ADMINISTRATION Division 1 Licences, Registration Insurance and Permits Operators’ licences 48 Except as otherwise permitted under this A ct, a person shall not do any of the following: (

a) drive a motor vehicle on a highway unless that person is the holder of a subsisting operator’s licence; 4 0

(

b) drive a motor vehicle on a highway unless that motor vehicle is of a class or type that is authorized to be operated under the class of operator’s licence held by that person; (

c) drive a motor vehicle on a highway contrary to a restriction or condition to which that person’s operator’s licence is subject; (

d) drive a motor vehicle on a highway unless that person’s operator’s licence is in that person’s possession; (

e) where the person holds an operator’s licence classified as a learner’s operator’s licence, drive a motor vehicle on a highway unless there is a person occupying a front passenger seating position of the motor vehicle who (

i) is a holder of a subsisting operator’s licence that is not classified as a learner’s operator’s licence and that is valid for the operation of the vehicle being driven, and (ii) has the operator’s licence referred to in subclause (

i) in that person’s possession; (

f) where the person holds an operator’s licence classified as a learner’s operator’s licence, operate a motor vehicle on a highway during any period of time that the holder of a learner’s operator’s licence is by regulation prohibited from operating a motor vehicle; (

g) where a motor vehicle is in that person’s possession or under that person’s care or control, permit another person to drive that vehicle unless that other person meets the requirements of this A ct to drive that vehicle; (

h) where a motor vehicle is in that person’s possession or under that person’s care or control, knowingly or willingly permit a person (

i) whose operator’s licence is suspended, or (ii) who is disqualified from holding an operator’s licence, to operate that motor vehicle on a highway unless it is a vehicle that the person is permitted to operate notwithstanding the suspension or disqualification; 4 1

(

i) where the person has been issued an operator’s licence under this A ct, have in that person’s possession more than one subsisting operator’s licence issued under this A ct; (

j) possess an operator’s licence that has been issued to another person; (

k) possess an operator’s licence that is not a subsisting operator’s licence; (

l) possess any fictitious document purporting to be an operator’s licence; (

m) use an operator’s licence that has been issued to another person; (

n) use an operator’s licence that is not a subsisting operator’s licence; (

o) use any fictitious document purporting to be an operator’s licence; (

p) where a person has been issued an operator’s licence, allow another person to use or be in possession of that operator’s licence; (

q) apply for, acquire or attempt to acquire an operator’s licence for that person’s own use or in that person’s name (

i) during any period that the person is disqualified from driving a motor vehicle in A lberta, another province of Canada or a state of the United States of A merica, (ii) during any period for which that person’s operator’s licence is suspended, or (iii) during any period for which that person is disqualified from holding an operator’s licence in A lberta, another province of Canada or a state of the United States of A merica, whether or not the period for which the licence was issued has expired; (

r) where the person holds a subsisting operator’s licence, apply for or obtain another operator’s licence under this A ct except 42

(

i) for the purpose of obtaining a duplicate of a subsisting operator’s licence that has been lost or destroyed or has become unreadable, or (ii) for the purpose of obtaining a replacement for an operator’s licence that is about to expire. Registration of vehicles 49(1) Except as otherwise permitted under this A ct, a person shall not do any of the following: (

a) operate a motor vehicle or trailer on a highway unless there is a subsisting certificate of registration issued in respect of that vehicle; (

b) operate a written-off motor vehicle on a highway unless there is a subsisting in-transit permit issued in respect of that vehicle; (

c) where the person has possession of or control over a motor vehicle or a trailer, permit another person to operate that motor vehicle or trailer on a highway unless there is a subsisting certificate of registration issued in respect of that vehicle; (

d) apply for, acquire or attempt to acquire the registration of a motor vehicle or trailer during any period when the registration of the vehicle or the certificate of registration is suspended or cancelled; (

e) apply for, acquire or attempt to acquire the registration of a motor vehicle or trailer in the name of (

i) an applicant that purports to be a corporation if the corporation does not exist, or (ii) a corporation, incorporated otherwise than under the laws of A lberta, that (

A) is required to be but is not or has ceased to be licensed as an issuer under the Insurance Act, or (

B) is required to be but is not or has ceased to be registered under (

I) the Business Corporations Act, (II) the Companies Act, (III) the Loan and Trust Corporations Act, or 4 3

(IV) the Co-operative Associations Act; (

f) make use of any certificate of registration that is in the name of a corporation that does not exist at the time the certificate of registration is used; (

g) unless the motor vehicle is an insured motor vehicle, (

i) apply for the registration of a motor vehicle, or (ii) obtain the registration of a motor vehicle. (2) Subsection (1)(g)(

i) does not apply to a person to whom a financial responsibility card has been issued pursuant to the Insurance Act by an insurer who issued an owner’s policy outside of A lberta. Licence plates 50(1) Except as otherwise permitted under this A ct, a person shall not do any of the following: (

a) operate or park a motor vehicle or trailer on a highway unless the subsisting licence plate issued for that vehicle or that is otherwise permitted under this A ct is displayed on that vehicle in accordance with the regulations; (

b) display on a motor vehicle or trailer a licence plate other than a licence plate issued or authorized for use on that vehicle; (

c) operate or park a motor vehicle or trailer on a highway with an expired licence plate displayed on it; (

d) permit any licence plate issued to that person to be used in contravention of this A ct.

(2) Every licence plate issued under this A ct or any A ct that preceded this A ct remains the property of the Crown, and the person in possession of a licence plate shall return it to the Registrar when so requested by the Registrar. Insurance required 51(1) Except as otherwise permitted under this A ct, a person shall not do any of the following: (

a) drive a motor vehicle on a highway unless the motor vehicle is an insured motor vehicle; (

b) have a motor vehicle on a highway unless the motor vehicle is an insured motor vehicle; 44

(

c) where a person is the registered owner of a motor vehicle, permit another person (

i) to drive the motor vehicle on a highway, or (ii) to have the motor vehicle on a highway, unless the motor vehicle is an insured motor vehicle; (

d) give or lend a financial responsibility card or a copy of it to a person not entitled to have that financial responsibility card or copy.

(2) If the registration of a motor vehicle is suspended under this A ct, the motor vehicle is still registered for the purposes of this section. (3) Subsection (1)(

a) and (

b) do not apply to a person to whom a financial responsibility card has been issued pursuant to the Insurance Act by an insurer who issued an owner’s policy outside of A lberta.

(4) A person, other than a corporation, who contravenes subsection (1) of this

section or

section 49(1)(

g) or 161(8) is liable, (

a) for the first contravention that occurs, to a fine of not less than $2500 and not more than $10 000 and in default to imprisonment for a term of not less than 30 days and not more than 6 months, and (

b) for each subsequent contravention that occurs within one year from the day of the commission of the offence referred to in clause (a), to imprisonment for a term of not less than 60 days and not more than 6 months.

(5) On the finding of guilt of a person, other than a corporation, of contravening subsection (1) or

section 49(1)(

g) or 161(8), the Registrar may disqualify the person from driving a motor vehicle in A lberta until that person provides to the Registrar proof of financial responsibility.

(6) A corporation that is guilty of contravening subsection (1) or

section 49(1)(

g) is liable (

a) for the first contravention, to a fine of not less than $5000 and not more than $20 000, and (

b) for any subsequent contravention, to a fine of not less than $7500 and not more than $25 000. 4 5

(7) The Registrar may cancel the certificate of registration in respect of every motor vehicle owned by a person who is found guilty of contravening subsection (1) or

section 49(1)(

g) or 161(8).

(8) Where the Registrar has cancelled a certificate of registration under this section, the Registrar shall not issue a new certificate of registration for that motor vehicle until the owner of the motor vehicle provides to the Registrar proof of financial responsibility. Information 52(1) The Registrar may require a person who applies for a motor vehicle document to provide such information and material and to meet such requirements that, in the opinion of the Registrar, are pertinent to determining whether that person is qualified to be issued the motor vehicle document.

(2) The Registrar may require a person who holds a motor vehicle document to provide such information and material and to meet such requirements that, in the opinion of the Registrar, are pertinent to determining whether that person continues to be qualified to hold the motor vehicle document. Refusal to grant or issue a motor vehicle document 53 The Registrar may refuse to issue a motor vehicle document to a person if (

a) that person does not meet the requirements of this A ct in order to be issued that motor vehicle document; (

b) is barred at law or under an A ct or any regulation from holding or being issued that motor vehicle document; (

c) the vehicle in respect of which the motor vehicle document is to be issued does not meet the requirements of this A ct in order for that motor vehicle document to be issued in respect of that vehicle; (

d) the person applying for the issuance of the motor vehicle document fails to provide to the Registrar any information or material or meet any requirements that, in the opinion of the Registrar, is pertinent to determining whether the applicant or the applicant’s vehicle, as the case may be, meets the requirements under this A ct for the issuance of the motor vehicle document. Restriction of services 54 Notwithstanding anything in this A ct, where a person has not paid a fine or penalty levied against that person under (

a) this A ct or a bylaw made under this A ct, 46

(

b) any other A ct, regulation or bylaw as prescribed by regulation, or (

c) any law in another jurisdiction that in the opinion of the Registrar deals with matters in that jurisdiction that are similar in nature to matters dealt with under this A ct, the Registrar may, (

d) in respect of that person, refuse to perform that function or service or to issue, renew or otherwise deal with any motor vehicle document or other document until the fine or penalty is paid, and (

e) if authorized by regulation, refuse to register a vehicle in the name of the new owner if the ownership of a registered vehicle passes directly or through intermediary owners from the person who has not paid the fine or penalty to a person described by regulation. Refusal of service re maintenance orders 55(1) In this section, “Director” means the Director of Maintenance Enforcement appointed under the Maintenance Enforcement Act.

(2) If the Director notifies the Registrar pursuant to

section 16.1(2) of the Maintenance Enforcement Act, the Registrar shall (

a) in respect of the debtor named in the notice, refuse to perform any function or service or to issue, renew or otherwise deal with any motor vehicle document or other document, and (

b) refuse to register the vehicle in the name of a new owner if the ownership of a registered vehicle passes directly or through intermediary owners from a person who is a debtor under the maintenance order to a person described by the regulations, except as permitted by the Director under

section 16.1(3) of the Maintenance Enforcement Act, until the Director withdraws the notice or notifies the Registrar that the maintenance order has been withdrawn. Medical review committee 56 B y agreement with The B oard of Directors of the A lberta Medical A ssociation (C.M.A .—A lberta Division), the Minister may establish a medical review committee (

a) to act as an advisory committee to the Minister with respect to 4 7

(

i) any matters concerning the health of persons that may have a bearing on the operation of motor vehicles, and (ii) any physical conditions that may constitute a hazard to the general public with respect to the operation of motor vehicles, (

b) to advise the Minister as to qualified physicians available for physical and mental examination of drivers and applicants for operator’s licences, and (

c) to act in any other capacity that may be required by the agreement with The B oard of Directors of the A lberta Medical A ssociation (C.M.A .—A lberta Division). Exclusion of liability re medical matters 57 No liability accrues to a physician, optometrist or other health care provider by reason only that the physician, optometrist or other health care provider provides to the Registrar under this A ct information respecting a person’s medical condition that may impair that person’s ability to operate a motor vehicle in a safe manner. Altered documents 58(1) In this section, “document” means (

a) a subsisting motor vehicle document; (

b) a subsisting licence issued under the Motor Vehicle Transport Act, 1987 (Canada); (

c) a subsisting document that is a bill of lading, way-bill, shipping bill or customs permit or any other document that pertains to goods or passengers being transported by a commercial vehicle.

(2) A person shall not (

a) mutilate, deface, alter or falsify a document, (

b) have in that person’s possession a document that is mutilated, defaced, altered or falsified, or (

c) use or permit the use of a document that is mutilated, defaced, altered or falsified. Permits 59(1) Notwithstanding anything in this A ct or a motor vehicle document, the Registrar may on receiving an application issue a permit doing one or more of the following: 48

(

a) in the case of any vehicle, (

i) authorizing a person to operate on a highway a vehicle that is not registered in A lberta; (ii) authorizing a person to operate a vehicle on a highway when that vehicle or its load does not comply with dimensional requirements specified under this A ct; (iii) authorizing a person to operate a vehicle on a highway when that vehicle does not comply with the equipment standards applicable to that vehicle; (

b) in the case of a commercial vehicle, (

i) authorizing a person to operate a vehicle in a manner or for a purpose not permitted under this A ct or a motor vehicle document; (ii) exempting a vehicle or its operation from one or more requirements of this A ct or a motor vehicle document; (iii) authorizing a person to operate a vehicle on a highway when the amount of weight of the vehicle and its load exceeds the weight specified in the certificate of registration issued in respect of that vehicle; (iv) authorizing a person to operate a vehicle on a highway when the weight of the vehicle and its load exceeds the maximum allowable weight permitted under this A ct for the vehicle; (

v) authorizing a person to carry out a function or activity prohibited by this A ct.

(2) Where the Registrar issues a permit, the Registrar may, on the permit or in an appendix to the permit, set out any term or condition to which the permit is subject that the Registrar considers appropriate in the circumstances.

(3) Where the Registrar is of the opinion that a person to whom a permit is issued is not complying with or is contravening the terms or conditions of the permit, the Registrar may cancel the permit. 49

Liens 60(1) Where, under this A ct, a vehicle, including any goods being carried by the vehicle, is seized, immobilized, detained, removed, transported or stored pursuant to the directions of a peace officer or the Registrar or a person authorized to act on behalf of a peace officer or the Registrar, all the costs, unless otherwise provided for under this A ct, of the seizure, immobilization, detention, removal, transportation and storage, or any one or more of those functions, as the case may be, are a lien on the vehicle and the goods.

(2) A lien referred to in subsection (1) may be enforced and dealt with in a manner provided for by the regulations. Regulations 61 The Minister may make regulations (

a) governing (

i) any matter with respect to the classification of, the application for, the issuance of, the display of, the use of, the renewal of, the transfer of, the suspension of, the cancellation of, the reinstatement of, the term of, and the qualifications or conditions required to be met in order to be issued or to hold a motor vehicle document, and (ii) any terms or conditions, including the prescribing of those terms or conditions, to which a motor vehicle document or the holder of a motor vehicle document is subject; (

b) governing any matter with respect to qualifications, examinations and testing of persons to operate vehicles; (

c) governing any matter with respect to the operation of driving schools and driving courses and the teaching or instructing of persons to operate vehicles; (

d) governing any matter with respect to the provision of documents, the reproduction of documents and the destruction of documents under this A ct; (

e) respecting the notification to the Registrar by physicians and optometrists of any condition that a person has that may affect that person’s ability to operate a vehicle in a safe manner; (

f) governing any matter with respect to the provision of information to the Registrar with respect to insurance issued in respect of vehicles or any goods or passengers transported by vehicles; 50

(

g) governing any matter with respect to the provision to the Registrar of information by the courts arising out of proceedings before the courts under (

i) this A ct and any bylaw made under this A ct, and (ii) the Criminal Code (Canada) with respect to matters arising out of the operation of vehicles; (

h) where a person’s motor vehicle document has been suspended or cancelled, (

i) governing the notice to be given of the suspension or cancellation; (ii) governing when the notice of the suspension or cancellation is deemed to have been received by the person to whom the notice is directed; (iii) governing when the suspension or cancellation takes effect; (iv) requiring that person to surrender or return the suspended or cancelled motor vehicle document to the court or the Registrar; (

v) governing the reinstatement or re-issue of the suspended or cancelled motor vehicle document; (

i) declaring a highway or any portion of a highway or place not to be a highway; (

j) providing for and governing the temporary closing of a highway; (

k) governing the seizure and the immobilization of vehicles under sections 166 and 167; (

l) governing the enforcement of any lien created under this A ct; (

m) prescribing documents as motor vehicle documents; (

n) subject to sections 53, 54 and 55, governing the restriction of the provision of functions and services under this A ct; (

o) for the purposes of

section 54, (

i) authorizing the Registrar to refuse to register a vehicle in the name of a new owner if the ownership of a registered vehicle passes directly or indirectly 51

from a person who has not paid a fine or penalty as described in

section 54, to a person or a person within a class of persons; (ii) governing persons or classes of persons referred to in subclause (i); (

p) for the purposes of

section 55, (

i) authorizing the Registrar to refuse to register a vehicle in the name of a new owner if the ownership of a registered vehicle passes directly or indirectly from a person who is a debtor under a notice given by the Director, as defined in

section 55, to the Registrar under

section 55(2) to a class of persons; (ii) governing persons or classes of persons referred to in subclause (i); (

q) prescribing or otherwise providing for the establishment of fees to be charged in respect of (

i) motor vehicle documents and other documents; (ii) the providing of motor vehicle documents and other documents; (iii) the administering of tests and examinations; (iv) the provision of any service, function, appeal, review or hearing under this A ct. Division 2 Vehicles, Equipment, Accidents and Removal of Vehicles Equipment standards 62(1) Except as otherwise permitted under this A ct, a person shall not do any of the following: (

a) drive or operate a vehicle on a highway unless that vehicle complies with the vehicle and equipment standards set out in the regulations in respect of that vehicle; (

b) permit another person to drive or operate a vehicle on a highway unless that vehicle complies with the vehicle and equipment standards set out in the regulations in respect of that vehicle; 52

(

c) where that person is the owner of the vehicle, drive or operate the vehicle on a highway unless the vehicle and its equipment are maintained (

i) in good working order, and (ii) in a condition that meets the requirements of this A ct; (

d) drive or operate a vehicle on a highway unless the vehicle and its equipment are used in a manner or as prescribed by the regulations; (

e) sell or offer for sale in A lberta a new motor vehicle unless that motor vehicle meets the requirements of the Motor Vehicle Safety Act (Canada) and the regulations under that A ct; (

f) sell or offer for sale in A lberta a new trailer unless that trailer meets the requirements of the Motor Vehicle Safety Act (Canada) and the regulations under that A ct; (

g) sell or offer for sale in A lberta a new conversion unit unless the conversion unit meets the requirements of the Motor Vehicle Safety Act (Canada) and the regulations under that A ct; (

h) sell a used motor vehicle if that person is of a class described in the regulations or if that used motor vehicle is of a class or type described in the regulations unless (

i) the motor vehicle has passed the inspections and tests required by the regulations within the period of time preceding the sale prescribed by the regulations and the person provides the buyer with an inspection certificate for the motor vehicle in respect of those inspections and tests, or (ii) the person provides the buyer with a written statement containing information prescribed by the regulations respecting the motor vehicle; (

i) in the case of vehicles that may be on a highway, sell or offer for sale for use in or on those vehicles any equipment or other material or item used in respect of vehicles where that equipment, material or item does not comply with the standards or specifications set out in the regulations for that equipment, material or item; (

j) in the case of vehicles that may be on a highway, sell or offer for sale for use in or on those vehicles any equipment 53

or other material or item used in respect of vehicles where the sale or the offering for sale of that equipment, material or item is prohibited by the regulations.

(2) Where a person who is an employee or agent of a dealer of used motor vehicles contravenes subsection (1)(h), the dealer is also guilty of contravening this

section and is subject to the punishment set out in

section 152(2) unless the dealer proves to the satisfaction of the court that the dealer took all reasonable steps to ensure that the person would not contravene this section. Inspection of vehicles 63(1) A peace officer may, for the purposes of (

a) ensuring that a vehicle and its equipment (

i) is safe to operate, and (ii) meets the vehicle and equipment standards and requirements provided for under this A ct, or (

b) determining whether the condition of a vehicle or its equipment contributed in any manner to an accident, do one or more of the following: (

c) direct that the vehicle or its equipment, or both, be subjected to an inspection, examination or test by the peace officer; (

d) direct that the vehicle or its equipment, or both, be subjected to an examination or test at a place and by a person specified by the peace officer; (

e) direct that the vehicle and its equipment or any specific part of the vehicle or equipment be repaired; (

f) direct that the vehicle or its equipment be removed off the highway or from operation and that it not be returned to a highway or operation until the vehicle or its equipment has been, as the case may be, (

i) rendered safe to operate, (ii) repaired, serviced, altered or otherwise dealt with so that it meets the requirements of this A ct, or (iii) repaired in accordance with the directions of the peace officer; 54

(

g) direct that the directions given under this

section be complied with within a time period specified by the peace officer; (

h) direct that, after the directions given under this

section have been complied with, the vehicle and its equipment be reinspected by a peace officer at a time and place specified by the peace officer.

(2) A direction given under this

section must (

a) be in writing, and (

b) be served on the person to whom the direction is made.

(3) Notwithstanding subsection (2), a direction given under subsection (1)(

c) may be given orally if a peace officer inspects or tests the vehicle and its equipment forthwith after the direction is given.

(4) If a driver or an owner of a vehicle is given a direction under subsection (1)(f), a peace officer may seize the licence plate and certificate of registration issued in respect of that vehicle and hold the licence plate and certificate of registration until the vehicle or its equipment, as the case may be, has been in accordance with the direction (

a) rendered safe to operate; (

b) repaired, serviced, altered or otherwise dealt with so that it meets the requirements of this A ct; (

c) repaired in accordance with the directions of the peace officer.

(5) A person shall not do any of the following: (

a) fail to comply with the directions given by a peace officer under this section; (

b) operate a vehicle on a highway in contravention of a direction given under subsection (1)(f); (

c) put a vehicle into operation in contravention of a direction given under subsection (1)(f). Review by Court 64(1) Where (

a) a person is given a direction under

section 63, a person’s vehicle is detained under

section 63 or a person’s licence 55

plates and certificate of registration are seized under

section 63, and (

b) the person disputes the direction, detention or seizure in whole or in part, the person may apply to the Court of Queen’s B ench for an order granting relief as provided for under subsection (6).

(2) Where (

a) a person fails to comply with a direction given under

section 63, or (

b) a person fails to permit a peace officer to carry out the peace officer’s powers or duties under

section 63, a peace officer may apply to the Court of Queen’s B ench for an order granting relief as provided for under subsection (6).

(3) A n application under this

section must be by way of an originating notice.

(4) On the filing of an originating notice with the clerk of the Court of Queen’s B ench, the Court may, if it considers it necessary in the circumstances, hear an interim application on 2 days’ notice, or any shorter period of time that the Court may direct, and make an interim order granting such relief as the Court considers appropriate pending the determination of the application.

(5) A n interim application under subsection (4) may be made ex parte if the Court considers it appropriate to do so in the circumstances.

(6) On hearing an application, the Court may do one or more of the following: (

a) confirm, rescind or vary the direction of the peace officer; (

b) direct the person to comply with the direction of the peace officer; (

c) give those directions that the Court considers necessary to ensure compliance with the direction of the peace officer; (

d) direct that the seized licence plate and certificate of registration be returned; (

e) make the order subject to any terms or conditions that the Court considers appropriate in the circumstances; 56

(

f) dismiss the application; (

g) award costs. Serially numbered vehicles and parts 65(1) In this section, “vehicle” means (

a) a motor vehicle; (

b) a trailer; (

c) any serially numbered part of a motor vehicle or a trailer; (

d) any part or portion of a motor vehicle or trailer that is not a serially numbered part of a motor vehicle or trailer.

(2) Except as otherwise permitted under this A ct, a person shall not do any of the following: (

a) have possession of a vehicle that does not have either (

i) the manufacturer’s serial number or similar identifying mark, or (ii) a special identification number or mark authorized under this A ct where the manufacturer’s serial number or identifying mark has been removed, defaced, covered, altered or destroyed or become illegible; (

b) sell or offer for sale (

i) any portion of a vehicle, (ii) any portion of an engine of a vehicle, or (iii) any accessory for a vehicle, that has been serially numbered by the manufacturer if the serial number has been removed, defaced, covered, altered or destroyed or become illegible.

(3) This

section does not apply to the sale of retreaded or used tires. Duty of driver re accident 66(1) In this

section and sections 10, 68 and 69, a reference to a vehicle is a reference to a vehicle other than a bicycle. 57

(2) Where an accident in which a vehicle is involved occurs on or off a highway, the driver or other person in charge of any vehicle that was directly or indirectly involved in the accident shall (

a) remain at the scene of the accident or, if the person has left the scene of the accident, immediately return to the scene of the accident unless otherwise directed by a peace officer, (

b) render all reasonable assistance, and (

c) produce in writing to anyone sustaining loss or injury, to any peace officer and to any witness all or such of the following information as is requested: (

i) that person’s name and address; (ii) the number of that person’s operator’s licence; (iii) the name and address of the registered owner of the vehicle; (iv) the licence plate number of the vehicle; (

v) a financial responsibility card in respect of that vehicle issued pursuant to

Part 7 of the Insurance Act.

(3) The driver of a vehicle that (

a) is involved in an accident with an unattended vehicle shall stop at the scene of the accident and shall forthwith or as soon thereafter as is practicable (

i) locate and notify the person in charge or the owner of the unattended vehicle of the name and address of the driver, the number of the driver’s operator’s licence and the number of the licence plate of the vehicle involved in the accident with the unattended vehicle, or (ii) leave in a conspicuous place in or on the unattended vehicle a written notice giving the name and address of the driver, the number of the driver’s operator’s licence and the number of the licence plate of the vehicle that was involved in the accident with the unattended vehicle, or (

b) is involved in an accident resulting in damage to property on or adjacent to a highway shall forthwith or as soon 58

thereafter as is practicable take reasonable steps to locate and notify the owner or person in charge of the property of the fact and of the name and address of the driver, the number of the driver’s operator’s licence and the number shown on the licence plate of the vehicle.

(4) If the driver of a vehicle is incapable of providing the information required by subsection (2) or (3) and there is another occupant of the vehicle capable of providing the information, the occupant shall provide the information required to be provided by the driver.

(5) If the information has not been provided under subsection (2), (3) or (4) and the driver or occupant of the vehicle is not the owner of the vehicle, the owner shall forthwith on determining that that owner’s vehicle has been involved in an accident provide the information required under those subsections.

(6) If the driver of the vehicle is alone at the time of the accident, is the owner of the vehicle and is incapable of providing the information required by subsection (2) or (3), that person shall provide the information forthwith after becoming capable of so doing.

(7) When a vehicle that has been involved in an accident is damaged to the extent that it cannot be moved under its own power, the registered owner or the driver of the vehicle shall, after complying with subsection (2) or (3), forthwith make arrangements for the motor vehicle to be removed from the highway.

(8) Notwithstanding subsection (7), if the registered owner or the driver of the vehicle fails to make or is incapable of making arrangements to move the vehicle, a peace officer (

a) may make the arrangements to move the vehicle on the owner’s or driver’s behalf, and (

b) on making arrangements to move the vehicle, shall notify the registered owner of the vehicle of the disposition of the vehicle.

(9) If arrangements to move a vehicle have been made by a peace officer pursuant to subsection (8), the motor vehicle is deemed to be an abandoned motor vehicle. Reports of peace officer re accidents 67 A peace officer shall provide to the Registrar reports respecting accidents in the form and the manner prescribed by regulation. 59

Report of drivers re accident 68(1) A driver involved in an accident shall provide to (

a) a peace officer having jurisdiction where the accident occurred, or (

b) an employee of a police service having jurisdiction where the accident occurred who is authorized to receive those reports, a report of the accident in the form and manner prescribed by regulation.

(2) If the driver is incapable of making the report required by subsection (1) and there is another occupant of the vehicle capable of making the report, the occupant shall make the report required to be made by the driver.

(3) If a report has not been made under subsection (1) or (2) and the driver or occupant is not the owner of the vehicle, the owner shall make the report forthwith after learning of the accident. (4 ) If the driver is alone, is the owner of the vehicle and is incapable of making the report required by subsection (1), the driver shall make the report forthwith after becoming capable of making it. Place of offence re accident report 69 In a prosecution for failure to provide information as required under

section 66 or to make a report as required by

section 67 or 68 or to provide information under the regulations with respect to accidents, the place of an offence is the place where the accident occurred. Investigations of accidents re general safety enhancement 70(1) The Registrar may, for the purposes of analysing and enhancing the safe use of highways, (

a) investigate all aspects of motor vehicle accidents with a view to compiling comparative statistics on the causes of accidents, and (

b) make recommendations, based on those investigations for increased road safety.

(2) For the purposes of carrying out the functions provided for under subsection (1), the Registrar (

a) may, in writing, require from any insurer any or all of the following with respect to any accident: 60

(

i) copies of statements made by any person in connection with the accident; (ii) copies of reports made by the insurer’s investigators into the cause of the accident and the conclusion of the insurer on the liability of the persons involved; (iii) details of any money paid by an insurer in respect of property damage; (

b) may interview (

i) the drivers involved in the accident, (ii) any witness to the accident, and (iii) any other person who may be able to give information, whether directly relevant or not, that will assist in determining the reasons for the accident, and with the consent of the person interviewed may take statements in writing.

(3) In the interests of obtaining full and true information concerning an accident, any file, document or paper kept by the Registrar or any person who carries out any function under this

section on behalf of the Registrar that deals with the accident, including all matters incidental to it, and that has come into existence through anything done pursuant to this

section (

a) shall not be disclosed to any person except as permitted under this A ct, (

b) shall not be used in any court proceedings, and (

c) shall not be used for any other purpose except the purposes stated in subsection (1).

(4) Neither the Registrar nor any person who carries out functions under this

section on behalf of the Registrar shall disclose or be compelled to disclose any information obtained by the Registrar or that person in the course of the performance of any duties under this section.

(5) No cause of action lies against any person by reason of the disclosure, for the purposes of this section, of any document or information to the Registrar or to any person who carries out functions under this

section on behalf of the Registrar. 61

(6) Notwithstanding anything in this section, a person shall not be compelled to disclose any information if the disclosure will prejudice that person. Testing and examination of motor vehicles in accidents 71(1) When any motor vehicle is directly or indirectly involved in an accident, the Registrar may (

a) request a peace officer to remove the motor vehicle or cause the motor vehicle to be removed from the place where the accident occurred, and (

b) specify to the peace officer the place to which the motor vehicle is to be taken, for the purpose of testing and inspecting the vehicle.

(2) If a motor vehicle (

a) is towed and stored at a place agreed on by both the owner and the Registrar, the owner shall pay the costs of towing and storage; (

b) is towed and stored at a place not agreed on by both the owner and the Registrar, the Crown shall pay the costs of towing and storage; (

c) is towed without the consent of the owner but stored at a place to which the owner consents, the Crown shall pay the costs of towing and the owner shall pay the costs of storage; (

d) is towed with the consent of the owner but stored at a place without the owner’s consent, the owner shall pay the costs of towing and the Crown shall pay the costs of storage.

(3) On completion of the inspection and testing, if the owner of the motor vehicle wishes to have repairs carried out at a place other than the place at which the motor vehicle was inspected and tested, the Crown shall pay the reasonable costs of towing to the place specified by the owner.

(4) The Registrar is entitled to retain the motor vehicle for testing and inspection for 21 days from the day of the accident, but after 21 days the Registrar shall release it to the owner on the owner’s request.

(5) The Minister shall compensate a person who does not have the use of that person’s motor vehicle as a result of the testing and inspection in an amount that the Minister considers just, unless the motor vehicle is irreparable. 62

(6) Notwithstanding that a motor vehicle has been taken for testing and inspection, the owner or a person authorized by the owner may enter the premises where it is kept during normal working hours and inspect the motor vehicle. Motor vehicle surveys re safety 72 The Minister may authorize persons to conduct surveys on any highway under the Minister’s direction, control and management, and during the course of conducting a survey the person so authorized may stop motor vehicles for the purpose of questioning the occupants with respect to the survey. Prohibitions re abandoning of vehicle 73(1) In this

section and sections 74, 75 and 76, “vehicle” includes a wrecked or partially dismantled vehicle or any part of a vehicle.

(2) Except as otherwise permitted under this A ct, a person shall not (

a) abandon a vehicle on a highway, or (

b) abandon a vehicle on public or private property without the consent of the owner or person in possession or control of the property.

(3) A vehicle that is (

a) left standing on a highway for more than 72 consecutive hours, unless otherwise provided for in a bylaw in the case of a highway under the direction, control and management of the council of a municipality, or (

b) left standing on public or private property for more than 72 consecutive hours without the consent of the owner or person in possession or control of the property, is deemed to have been abandoned at that location. Removal of vehicles 74(1) A peace officer may cause any vehicle to be removed and taken to and stored in a suitable place when the vehicle (

a) is abandoned under

section 73; (

b) is left unattended on a highway in a manner that obstructs the normal movement of traffic; (

c) is parked on any highway in contravention of this A ct or a bylaw; 63

(

d) is parked on a highway in a manner that prevents access by fire-fighting equipment to a fire hydrant; (

e) is not displaying a subsisting licence plate or a permit; (

f) is parked on private property without the consent of the owner of the property or on a highway in a manner that obstructs any private driveway; (

g) is left unattended on a highway and, in the opinion of a peace officer, the vehicle, its contents or any goods being carried by the vehicle is liable to be stolen or tampered with; (

h) is situated unattended at a location or in a condition so that, in the opinion of the peace officer, it constitutes a present or potential hazard to persons or property; (

i) is seized under

section 166 or 167.

(2) When the Registrar, a peace officer or other person authorized by the Registrar believes on reasonable and probable grounds that a vehicle referred to in subsection (1) is worthless, that person may, subject to the regulations, cause the vehicle to be moved to a nuisance ground, salvage yard or municipal dump for disposal or to be otherwise dealt with under the regulations.

Forcible entry of vehicle, etc. 75 When a vehicle is to be removed or stored under this A ct, the person authorized to remove or store the vehicle, or that person’s agent, may forcibly unlock or open a door of the vehicle or otherwise gain access into or on a vehicle and do those other things that are reasonably required to facilitate the removal or storage of the vehicle, its contents and any goods being carried by the vehicle. Exclusion from liability 76 Where a person under

section 74, 75 or the regulations sells, disposes of, deals with or otherwise handles a vehicle, its contents and any goods being carried by the vehicle or any of them, no liability attaches to that person with respect to that sale, disposition, dealing or handling carried out in respect of that vehicle or those contents or goods. Sales and rental of vehicles 77 Except as otherwise permitted under this A ct, a person shall not do any of the following: (

a) hire or let for hire a motor vehicle unless the person by whom the motor vehicle is to be driven is authorized under this A ct to drive the motor vehicle; 64

(

b) sell a motor cycle to a person who is under the age of 16 years, other than a motor cycle that (

i) is an off-highway vehicle, and (ii) does not meet the specifications under the regulations to operate on a highway; (

c) purchase a motor cycle for or on behalf of a person who is under the age of 16 years, other than an motor cycle that (

i) is an off-highway vehicle, and (ii) does not meet the specifications under the regulations to operate on a highway. Regulations 78 The Minister may make regulations (

a) governing any matter with respect to (

i) the construction, modification and configuration of vehicles and any equipment or other material or items used in respect of vehicles; (ii) the installation, use and removal of any equipment or other material or items used in respect of vehicles; (iii) the standards to be met by vehicles and any equipment or other materials or items installed or used in connection with vehicles; (

b) governing any matter with respect to the inspection and testing of and the repair of vehicles and any equipment or other material or items used in respect of vehicles; (

c) governing (

i) the reporting, removal and storage of vehicles, the contents of vehicles and the goods carried by vehicles (

A) that have been seized or removed under this A ct, or (

B) that are abandoned, (ii) the returning of any vehicle, contents and goods referred to in subclause (i), 65

(iii) the disposal of any vehicle, contents and goods referred to in subclause (i), the passage of title of those vehicles, contents and goods and the distribution of funds arising from the disposal of those vehicles, contents and goods, (iv) the expenses incurred arising out of any matter referred to in this clause, and (

v) the liability for the expenses referred to in subclause (iv); (

d) governing, subject to sections 10 and 66 to 68, any matter with respect to the provision of information and the making of reports in respect of accidents; (

e) requiring and governing the provision to the Registrar of supplemental information in respect of accidents; (

f) governing any matter with respect to the reporting, acquisition and disposal of salvage in respect of vehicles and parts of vehicles; (

g) describing a vehicle as a written-off vehicle and governing written-off vehicles and the information to be provided in respect of written-off vehicles; (

h) respecting the sale of used vehicles and the standards to be met by those vehicles; (

i) governing identification numbers and marks with respect to vehicles and any part or portion of a vehicle.

PART 4 DISQUALIFICATION FROM DRIVING Division 1 Disqualifications Arising from Offences Operator’s licence suspended 79 When a person is disqualified from driving a motor vehicle in A lberta, (

a) that person’s operator’s licence, if that person holds a subsisting operator’s licence, is suspended, and (

b) that person is disqualified from holding an operator’s licence, during the time that the person is disqualified from driving. 66

Disqualifi cation for impaired driving 80(1) When a person is found guilty under

section 253 or 254 of the Criminal Code (Canada) anywhere in Canada, that person on being found guilty becomes disqualified from driving a motor vehicle for a period of one year from the day of the finding of guilt

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

a) is found guilty under

section 253 or 254 of the Criminal Code (Canada) anywhere in Canada, and (

b) has, in the preceding 10 years, been found guilty of an offence under

section 253 or 254 of the Criminal Code (Canada) anywhere in Canada, that person on being found guilty of the offence referred to in clause (

a) becomes disqualified from driving a motor vehicle in A lberta for a period of 3 years from the day of the finding of guilt.

(3) Notwithstanding anything in this section, when a person (

a) is found guilty under

section 253 or 254 of the Criminal Code (Canada) anywhere in Canada, and (

b) has, in the preceding 10 years, been found guilty of (i) 2 offences under

section 253 or 254 of the Criminal Code (Canada), or (ii) one offence under

section 253 of the Criminal Code (Canada) and one offence under

section 254 of the Criminal Code (Canada) anywhere in Canada, unless those 2 offences arose out of the same incident, that person on being found guilty of the offence referred to in clause (

a) becomes disqualified from driving a motor vehicle in A lberta for a period of 5 years from the day of the finding of guilt.

(4) When a person who holds an operator’s licence is found guilty under

section 253 or 254 of the Criminal Code (Canada), the court hearing the case shall forward the operator’s licence of that person to the Registrar.

(5) If a person is found guilty of 2 or more offences under sections 253 or 254 of the Criminal Code (Canada) anywhere in Canada and the offences arose out of the same incident, 67

(

a) the findings of guilt for those offences shall, for the purposes of subsections (2)(

b) and (3)(b), be considered to constitute only one finding of guilt, which shall be considered to have occurred on the day of the earliest finding of guilt respecting those offences, and (

b) for the purposes of subsection (1), the period of disqualification shall be one year and shall run from the day of the earliest finding of guilt respecting those offences.

(6) For the purposes of subsections (2) and (3), a finding of guilt for an offence (

a) under

section 234 or 236 of the Criminal Code (Canada) as it read immediately prior to December 4, 1985 is deemed to be a finding of guilt for an offence under

section 237 of the Criminal Code (Canada) as it read immediately after December 3, 1985, and (

b) under

section 234.1 or 235 of the Criminal Code (Canada) as it read immediately prior to December 4, 1985 is deemed to be a finding of guilt for an offence under

section 238 of the Criminal Code (Canada) as it read immediately after December 3, 1985.

(7) For the purposes of subsections (2) and (3), a finding of guilt for an offence (

a) under

section 237 of the Criminal Code (Canada) as it read immediately prior to December 12, 1988 is deemed to be a finding of guilt for an offence under

section 253 of the Criminal Code (Canada) as it read immediately after December 11, 1988, and (

b) under

section 238 of the Criminal Code (Canada) as it read immediately prior to December 12, 1988 is deemed to be a finding of guilt for an offence under

section 254 of the Criminal Code (Canada) as it read immediately after December 11, 1988.

(8) For the purposes of subsections (2) and (3), a finding of guilt for an offence under

section 253 of the Criminal Code (Canada) as it read immediately prior to November 1, 1989 is deemed to be a finding of guilt for an offence under

section 253 of the Criminal Code (Canada) as it read immediately after October 31, 1989. 68

Driving while prohibited under the Criminal Code 81 If a person is found guilty anywhere in Canada of an offence under

section 259(4) of the Criminal Code (Canada), that person is disqualified from driving a motor vehicle in A lberta for a period of 6 months from the day of the finding of guilt. Disqualifi cation arising under the National Defence Act (Canada) 82(1) When a person is found guilty under

section 130 of the National Defence Act (Canada) by reason that the person contravened

section 253 or 254 of the Criminal Code (Canada) anywhere in or out of Canada, that person on being found guilty becomes disqualified from driving a motor vehicle in A lberta for a period of one year from the day of the finding of guilt.

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

a) is found guilty under

section 130 of the National Defence Act (Canada) by reason that the person contravened

section 253 or 254 of the Criminal Code (Canada) anywhere in or out of Canada, and (

b) has, in the preceding 10 years, been found guilty of an offence under

section 130 of the National Defence Act (Canada) by reason that the person contravened

section 253 or 254 of the Criminal Code (Canada) anywhere in or out of Canada, that person on being found guilty of the offence referred to in clause (

a) becomes disqualified from driving a motor vehicle in A lberta for a period of 3 years from the day of the finding of guilt.

(3) Notwithstanding anything in subsection (1) or (2), when a person (

a) is found guilty under

section 130 of the National Defence Act (Canada) by reason that the person contravened

section 253 or 254 of the Criminal Code (Canada) anywhere in or out of Canada, and (

b) has, in the preceding 10 years, been found guilty of 2 offences under the National Defence Act (Canada) by reason that the person, in the preceding 10 years, (

i) twice contravened

section 253 or 254 of the Criminal Code (Canada), or (ii) once contravened

section 253 of the Criminal Code (Canada) and once contravened

section 254 of the Criminal Code (Canada), anywhere in or out of Canada, unless those 2 offences arose out of the same incident, 69

that person on being found guilty of the offence referred to in clause (

a) becomes disqualified from driving a motor vehicle in A lberta for a period of 5 years from the day of the finding of guilt.

(4) If a person is found guilty of 2 or more offences under

section 130 of the National Defence Act (Canada) by reason that the person contravened

section 253 or 254 of the Criminal Code (Canada) anywhere in or out of Canada and the offences arose out of the same incident, (

a) the findings of guilt for those offences shall, for the purposes of subsections (2)(

b) and (3)(b), be considered to constitute only one finding of guilt, which shall be considered to have occurred on the day of the earliest finding of guilt respecting those offences, and (

b) for the purposes of subsection (1), the period of disqualification and suspension shall be one year and shall run from the day of the earliest finding of guilt respecting those offences.

(5) For the purposes of subsections (2) and (3), a finding of guilt for an offence under

section 120 of the National Defence Act (Canada) as the National Defence Act (Canada) read immediately prior to December 12, 1988 by reason that a person contravened (

a) section 234 or 236 of the Criminal Code (Canada) as the Criminal Code (Canada) read immediately prior to December 4, 1985 is deemed to be a finding of guilt under

section 120 of the National Defence Act (Canada) as the National Defence Act (Canada) read immediately prior to December 12, 1988 by reason that the person contravened

section 237 of the Criminal Code (Canada) as the Criminal Code (Canada) read immediately after December 3, 1985, and (

b) section 234.1 or 235 of the Criminal Code (Canada) as the Criminal Code (Canada) read immediately prior to December 4, 1985 is deemed to be a finding of guilt under

section 120 of the National Defence Act (Canada) as the National Defence Act (Canada) read immediately prior to December 12, 1988 by reason that the person contravened

section 238 of the Criminal Code (Canada) as the Criminal Code (Canada) read immediately after December 3, 1985.

(6) For the purposes of subsections (2) and (3), a finding of guilt for an offence under

section 120 of the National Defence Act (Canada) as the National Defence Act (Canada) read immediately prior to December 12, 1988 by reason that a person contravened 70

(

a) section 237 of the Criminal Code (Canada) as the Criminal Code (Canada) read immediately prior to December 12, 1988 is deemed to be a finding of guilt under

section 130 of the National Defence Act (Canada) by reason that the person contravened

section 253 of the Criminal Code (Canada) as the Criminal Code (Canada) and the National Defence Act (Canada) read immediately after December 11, 1988, and (

b) section 238 of the Criminal Code (Canada) as the Criminal Code (Canada) read immediately prior to December 12, 1988 is deemed to be a finding of guilt under

section 130 of the National Defence Act (Canada) by reason that the person contravened

section 254 of the Criminal Code (Canada) as the Criminal Code (Canada) and the National Defence Act (Canada) read immediately after December 11, 1988.

(7) For the purposes of subsections (2) and (3), a finding of guilt for an offence under

section 130 of the National Defence Act (Canada) by reason that a person contravened

section 253 of the Criminal Code (Canada) as the Criminal Code (Canada) read immediately prior to November 1, 1989 is deemed to be a finding of guilt under

section 130 of the National Defence Act (Canada) by reason that the person contravened

section 253 of the Criminal Code (Canada) as the Criminal Code (Canada) read immediately after October 31, 1989.

(8) When a person is found guilty anywhere in or out of Canada of an offence under

section 130 of the National Defence Act (Canada) by reason that the person contravened subsection 249(1) or

section 252 of the Criminal Code (Canada), that person on being found guilty becomes disqualified from driving a motor vehicle in A lberta for a period of 6 mo

Document details

Collection	Alberta — Bills
Citation	L24 S2 1003
Type	bill
Volume / chapter	L24 S2 1003
Language	en
Format	json
Source	PROVINCIAL
Identifier	f12c289e1e9734faa5d0156cfe8646268366c1f1

Source file is stored in the law ingest library (json).