First

Session, 47th General Assembly

Elizabeth II, 2012

BILL 19

AN ACT TO AMEND THE

HIGHWAY

TRAFFIC ACT

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

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

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

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

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

HONOURABLE

PAUL DAVIS

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 .

The Bill would

consolidate subsection 73(2)

and

section 43 of the Act to provide one

section respecting the offence of

driving while suspended and, as a consequence of that consolidation amend the

provisions for penalties, suspension, seizure and impoundment;

prescribe regulation-making

powers in the Act respecting the seizure, impoundment and disposal of motor

vehicles that are dangerous or unfit for use and the disposal of uninsured

vehicles;

extend the regulation-making

power to provide a separate process for the disposal of unclaimed low-value

motor vehicles that have been seized and impounded because the operator was

driving while suspended or the vehicle was uninsured or dangerous or unfit for

use;

provide that the registrar

would determine whether a vehicle is a low value vehicle based on criteria in

the regulations;

bar an action against the registrar,

an employee of the department, a peace officer, a traffic officer or a garage operator

in respect of the seizure, impoundment and disposal of an uninsured vehicle, a

vehicle that is dangerous or unfit for use, or a vehicle driven while the

driver was suspended; and

enable the Lieutenant-Governor

in Council to adopt by reference codes or standards and to constitute them as

regulations.

A BILL

AN ACT TO AMEND THE HIGHWAY

TRAFFIC ACT

Analysis

S.43 R&S

Drivers licence

S.68 Amdt.

Driving without a licence

S.73 Amdt.

Wrongful procurement of licence

S.75 Amdt.

Uninsured vehicle

S.186 Amdt.

Regulations

S.204.1 Added

Action barred

S.207 R&S

Second or subsequent offence

Sch. Amdt.

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cH-3

as amended

Section 43 of the Highway Traffic Act is repealed and the following substituted:

Drivers licence

(1) A

person shall not operate upon a highway a motor vehicle or class of motor

vehicle, unless that person holds a driver's licence that

(

a) has been issued to that person;

(

b) authorizes that person to operate that motor

vehicle or that class of motor vehicle; and

(

c) has not expired or that is not invalid.

(2) A person

(

a) whose drivers licence has been suspended or

cancelled;

(

b) who has been disqualified from holding or

obtaining a drivers licence;

(

c) who has been refused a drivers licence; or

(

d) who has been prohibited from driving a motor

vehicle

shall not operate upon a highway a motor

vehicle or class of motor vehicle.

(3) Notwithstanding subsection (1) or (2), a

person who, under this Act,

(

a) is taking a drivers examination for the

purpose of obtaining a licence to operate a motor vehicle or class of motor vehicle;

(

b) as part of an approved driving course being

conducted by an approved driving school, is undergoing an on-road driver

evaluation,

may, for the purpose of the examination or

evaluation, drive an appropriate motor vehicle upon a highway when accompanied

by an examiner or approved driving instructor.

(4) A person who drives a motor vehicle without a

drivers licence in violation of paragraph (1)(

b) is guilty of an offence and

is liable

(

a) in the case of a first conviction, to a fine

of $50;

(

b) in the case of a second conviction, to a fine

of not less than $100 and not more than $200; and

(

c) in the case of a third or subsequent

conviction, to

(

i) a fine of not less than $300 and not more than

$500,

(ii) imprisonment for a term of not more than 30

days, or

(iii) both a fine and imprisonment.

(5) A person who drives a motor vehicle without a

drivers licence in violation of paragraph (1)(

a) or (

c) is guilty of an

offence and is liable

(

a) in the case of a first conviction, to a fine

of $50;

(

b) in the case of a second conviction, where that

second conviction is entered within 2 years of the first conviction, to

(

i) a fine of not less than $100 and not more than

$200,

(ii) imprisonment for a term of not more than 30

days, or

(iii) both a fine and imprisonment; and

(

c) in the case of a third or subsequent

conviction, where that third or subsequent conviction is entered within 5 years

of the first conviction, to

(

i) a fine of not less than $300 and not more than

$500,

(ii) imprisonment for a term of not less than 31

days and not more than 6 months, or

(iii) both a fine and imprisonment.

(6) A person who drives a motor vehicle in

violation of subsection (2) is guilty of an offence and is liable

(

a) in the case of a first conviction, to a fine

of not less than $100 and not more than $200;

(

b) in the case of a second conviction, where that

second conviction is entered within 2 years of the first conviction, to

(

i) a fine of not less than $200 and not more than

$300,

(ii) imprisonment for a term of not more than 30

days, or

(iii) both a fine and imprisonment; and

(

c) in the case of a third or subsequent

conviction, where that third or subsequent conviction is entered within 5 years

of the first conviction, to

(

i) a fine of not less than $300 and not more than

$500,

(ii) imprisonment for a period of not less than 31

days and not more than 6 months, or

(iii) both a fine and imprisonment.

(7) Where a judge imposes sentences of

imprisonment under 2 or more of the following provisions:

(a) paragraph (5)(b);

(b) paragraph (5)(c);

(c) paragraph (6)(b);

(d) paragraph (6)(c);

(e) paragraph 75(5.1)(a); or

(f) paragraph 75(5.1)(b),

the judge may, in his or her discretion,

direct that the sentences be served consecutively.

(8) For the purpose of this section, an approved

driving course is a course offered by an approved driving school in accordance

with the regulations and an approved driving instructor is a driving instructor

approved in accordance with the regulations.

Section 68 of the Act is amended by deleting

the reference "subsection 73(2)" and substituting the reference "subsection

43(6)".

3. Subsection 73(2) of the Act is repealed.

4. Subsection 75(5.2) of the Act is repealed and

the following substituted:

(5.2) Where a judge imposes sentences of

imprisonment under 2 or more of the following provisions:

(a) paragraph (5.1)(a);

(b) paragraph (5.1)(b);

(c) paragraph 43(5)(b);

(d) paragraph 43(5)(c);

(e) paragraph 43(6)(b); or

(f) paragraph 43(6)(c),

the judge may, in his or her discretion,

direct that the sentences be served consecutively.

(1) Section 186 of the Act is amended by

renumbering it as subsection 186(1).

(2) Paragraph 186(1)(g.1) of the Act is repealed

and the following substituted:

(g.1) respecting the seizure and impoundment of

vehicles under paragraph 75(6.1)(b), including

(

i) requiring that a notice of seizure be given to

the driver and sent to the registrar and the owner of the vehicle, and

prescribing the timing and form of this notice,

(ii) prescribing the fees to be paid in relation to

the impoundment and release of the vehicle, and

(iii) prescribing the types of fees and charges that

shall be a lien on the impounded vehicle, the priority of those liens and how those

liens may be enforced, including the sale or other disposal of the vehicle by

the garage operator who takes and stores the seized and impounded vehicle or by

the registrar, which sale or other disposal may vary according to the value of

the vehicle;

(3) Paragraph 186(1)(

i) of the Act is amended by

deleting the reference "73(2)" and substituting the reference "43(6)"

and by repealing subparagraph (

x) and substituting the following:

(

x) prescribing the types of fees and charges that

shall be a lien on the impounded vehicle, the priority of those liens and how

those liens may be enforced, including the sale or other disposal of the

vehicle by the garage operator who takes and stores the seized and impounded vehicle

or by the registrar, which sale or other disposal may vary according to the

value of the vehicle;

(4) Subsection 186(1) of the Act is amended by

adding immediately after paragraph (

i) the following:

(i.1) respecting the seizure and impoundment of

vehicles that are dangerous or unfit for use, including

(

i) requiring that a notice of seizure be given to

the driver and sent to the registrar and the owner of the vehicle, and prescribing

the timing and form of this notice,

(ii) prescribing the period of impoundment,

(iii) prescribing the fees to be paid in relation to

the impoundment and release of the vehicle, and

(iv) prescribing the types of fees and charges that

shall be a lien on the impounded vehicle, the priority of those liens and how

those liens may be enforced, including the sale or other disposal of the

vehicle by the garage operator who takes and stores the seized and impounded

vehicle or by the registrar, which sale or other disposal may vary according to

the value of the vehicle;

(5) Section 186 of the Act is amended by adding

immediately after subsection (1) the following:

(2) The Lieutenant-Governor in Council may, in

addition to or instead of regulations made under subsection (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 to the code or standard, by an organization

acceptable to the Lieutenant-Governor in Council.

(3) A certificate of the minister that a document

is a copy of a code or standard referred to in subsection (2) 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, standard, extract or

amendment.

6. The Act is amended by adding after

section 204

the following:

Action barred

204.1

(1) An

action or other legal proceeding does not lie and may not be brought against

the registrar, an employee of the department, a peace officer, a traffic

officer or a garage operator in respect of anything done under subsection

75(6.1) or under regulations respecting the seizure, impoundment and sale or

other disposal of vehicles, where the action or other proceeding is not based

on malfeasance or misfeasance.

(2) For the purpose of this section, a garage

operator is a person who takes and stores a motor vehicle seized and impounded

under subsection 75(6.1) or under regulations respecting the seizure, impoundment

and sale or other disposal of vehicles and who may subsequently dispose of that

vehicle in accordance with those regulations.

Section 207 of the Act is repealed and the

following substituted:

Second or subsequent

offence

207. For

the purpose of this Act, except

section 110 and paragraphs 43(5)(

b) and (

c) and

43(6)(

b) and (

c) and subsection 75(5.1), and the regulations and regulations

made under

section 189, an offence shall not be considered a second or

subsequent offence unless it has been committed within one year from the date

of the last previous offence.

(1) The

Schedule to the Act is amended by

adding immediately after the row starting with a reference to paragraph 42(

k) the following:

43(4)

licence for class of motor vehicle

Second

offence

Subsequent

2 days

7 days

17 days

1 day

2 days

6 days

(2) The

Schedule to the Act is amended by deleting

the reference "43(3)" and substituting the reference "43(5)".

(3) The

Schedule to the Act is amended by deleting

the reference "73(2)" and substituting the reference "43(6)".

William E. Parsons, Queen's Printer