Third

Session, 47th General Assembly

Elizabeth II, 2014

BILL 37

AN ACT TO AMEND THE

HIGHWAY TRAFFIC ACT

NO. 2

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

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

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

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

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

HONOURABLE

TONY CORNECT

Minister

of Service Newfoundland and Labrador

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Highway Traffic Act to

require all persons riding a

bicycle to wear a helmet;

prohibit a parent or custodial guardian

from authorizing or knowingly permitting a person under the age of 16 to ride a

bicycle without a helmet;

introduce associated penalties;

and

provide regulation making

authority to the minister to make regulations regarding standards, specifications,

identification and marking required for bicycle helmets as well as exemptions

from the requirement to wear a helmet while riding a bicycle.

A BILL

AN ACT TO AMEND THE HIGHWAY

TRAFFIC ACT NO. 2

Analysis

S.129 Amdt.

Bicyclists

S.195 Amdt.

Regulations respecting equipment

Sch. Amdt.

4. Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cH-3

as amended

1. (1) Subsection 129(2) of the Highway Traffic Act is amended by adding

immediately after paragraph (

c) the following:

(c.1) shall wear a bicycle helmet that complies with

the regulations and shall have the chin strap of the helmet securely fastened

under the chin;

(2) Section 129 of the Act is amended by adding

immediately after subsection (2) the following:

(3) A parent or custodial guardian of a person

under 16 years of age shall not authorize or knowingly permit that person to

ride a bicycle unless he or she is wearing a bicycle helmet as required by paragraph

(2)(c.1).

(4) A person who is 16 years of age or older who

fails to comply with or otherwise contravenes paragraph (2)(c.1) is guilty of

an offence and is liable on

summary conviction to the penalty prescribed in the

Schedule.

(5) A parent or custodial guardian who fails to

comply with or otherwise contravenes subsection (3) is guilty of an offence and

is liable on

summary conviction to the penalty prescribed in the Schedule.

2. (1) Subsection 195(1) of the Act is

amended by adding immediately after paragraph (

a) the following:

(a.1) prescribing standards or specifications for

bicycle helmets;

(a.2) providing for and requiring the identification

and marking of bicycle helmets;

(a.3) exempting any person or class of persons from the

requirements of paragraph 129(2)(c.1) and prescribing conditions for exemptions;

(2) Section 195 is amended by adding immediately

after subsection (2) the following:

(2.1) The minister may in addition to or instead of

regulations made under paragraph (a.1) adopt by reference and constitute as

regulations the whole or part or provisions of a code adopted or standards

fixed, with or without modification and including amendments now or afterward

made, by an organization acceptable to the minster and a certificate of the

minister that a document is a copy of a code or standard referred to in this

subsection or an extract from, a modification of or an amendment to a code or

standard is without further proof presumptive evidence of the content of that

code or standard or extract or amendment.

(1) The

Schedule to the Act is amended by

adding immediately after the row starting with a reference to paragraph 129(2)(

c) the following:

129(2)(c.1)

Riding bicycle without

a bicycle helmet

6 days

1 day

(2) The

Schedule to the Act is amended by adding

immediately after the row starting with a reference to paragraph 129(2)(

i) the

following:

129(3)

Authorizing or

knowingly permitting a person under the age of 16 to ride a bicycle without a

bicycle helmet

6 days

1 day

Commencement

4. This Act comes into force on April 1, 2015.

Queen's Printer