Bill 68 — The Highway Traffi'C Amendment Act, 1974 (No.2) (Legislature 17, Session 3)

L17 S3 5334

Alberta — Bills

1974 Eill 68 Third Session, 17th Legislature, 23 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 68 THE HIGHWAY TRAFFI'C AMENDMENT ACT, 1974 (NO.2) MR. COOKSON First Reading Second Reading Third Reading ................... , ......... . Printed by L. S. WALL, Queen's Printer for the Province of Alberta, EDMONTON

Hill 68 llJr. Cookson BILL 68 1974 THE HIGHWAY TRAFFIC AMENDMENT ACT, 1974 (NO.2) (Assented to , 1974j HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1. The Highway Traffic Act is hereby amended.

Section 16 is struck out and the following is substituted therefor: 16. A notice of (

a) the suspension or cancellation of the operator's licence of any person, or (

b) the disqualification of any person from holding an operator's licence, pursuant to this Act, or (

c) the suspension or cancellation of a certificate of registration or permit issued under this Act, shall be deemed to be sufficiently served on a person if it is sent by registered mail or certified mail to that person at his last recorded address as shown by the records of the Registrar.

Section 30 is a/mended (

a) as to subsection (1) by striking out the words "sub section (2)" and by substituting the words "this section" , and (

b) by adding the following subsect.ion after subsection (2) :

(3) The Minis,ter may, on such terms and condi tions as he considers proper, authorize the members of any municipal police force or of the Royal Cana dian Mounted Police to issue and attach to a motor vehicle a special identifying number or mark which shall thereafter be deemed sufficient for the purp'ose of the registration of the vehicle.

Explanatory Notes I. This Bill will amend

chapter 169 of the Revised Statutes of Alberta 1970.

Section 16 presently reads: 16. A notice of suspension of the operator's licence of any person or the disqualification of any person from holding an operator's licence pursuant to this Act shall be deemed to be sufficiently served on a person if it is sent by registered mail to that person at his last recorded address as shown by the records of the Registrar. The amendment is proposed to include provision for the use of certified mail which is now used by the post office. The

section is also being amended to apply, where necessary, to certificates of registration and permits.

Section 30 presently reads: 30.

(1) Except as provided by subsection (2), a motor vehicle of which the manufacturer's serial number. or similar identifying mark has been obliter ated shall not be registered.

(2) A person who has in his possession any motor vehicle in the condition described in subsection (1) may forthwith file with the Minister satisfactory proof oj' the ownership of the vehicle and the Minister may thereupon grant per mission to cut, impress, emboss or attach permanently to the vehicle a special identifying number or mark, which thereafter shall be deemed sufficient for the purpose of registration of the vehicle. The amendment contemplates a proposed arrangement with the R.C.M.P. and other police forces under which unidentified vehicles would be che'cked against stolen vehicle records prior to registration.

Section 37, subsection (1) is amended by striking out the words ", and the year of issue".

Section 40 is a1nended by striking out, subsection (4) and by substituting the following subsection:

(4) In ,this

section "freight" means anything that may be conveyed in or on a motor vehicle but does not include passengers 'Or anything that is the property of the owner of the vehicle or his employee or agent and that is intended for personal use by any one or more of them.

Section 83 is amended by striking out subsection (1) and substituting therefor the following: 83.

(1) Subject to subsection (2), where an accident results in inj ury or death to a person or in property damage to an apparent ex'tent of $200 or more, the driver shall f'Orthwith make a written report in the form supplied by the Minister and c'Ontaining such information as may be required by that form to (

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

b) a person employed by the police force having juris diction where the accident occurred.

Section 155 is amended as to subsection (1) by adding at the end thereof the words "or in such other place as may be specified by a member of a municipal police force or of the Royal Canadian Mounted Police pursuant to

section 30, subsection (3)".

Section 187 is amended by striking out subsection (1) and substituting the following: 187.

(1) A peace officer may require the owner or operator of a m'Otor vehicle to submit the motor vehicle, together with its equipment and the trailer, if any, attached thereto, to examination and tests (

a) to ensure that the motor vehicle, its equipment and trailer, if any, is fit and safe for transportation, or (

b) in.the case of an accident, to determine whether or not the condition of the motor vehicle, its equipment or trailer, if any, contributed in any way to the accident. 2

Section 37, subsection (1) presently reads: 37.

(1) At the time of issue of a certificate of registration the Minister shall issue to the owner of the registered vehicle a licence plate, or a set of two licence plates, bearing the licence number of the vehicle, together with the name of the Province either at length or in an abbreviated form, and the year of issue. The amendment is made to accommodate the proposed multi-year licence plate program under which a licence will be issued for five years and revalidated annually by tabs.

Section 40, subsection (i4) presently reads:

(4) In this

section "freight" means anything that may be conveyed in or on a motor vehicle excepting passengers. This amendment relates to subsection (2) of

section -40 which contains a prohibition against carrying freight in vehicles bearing dealer's plates. The amendment broadens the exception to what is freight.

Section 83, subsection ( 1) presently reads: 83.

(1) Subject to sub'l!'ction 2). where an accident results in injury or death to a person or in property damage to an apparent extent of $200 or more, the driver shall forthwith make a written report in the form prescribed by the Minister and containing such information as may be required thereby to a peace officer having jurisdiction where the accident occurred. The new clause (

b) will allow civilian personnel to receive traffic reports. 7. Consequential to amendment to

section

Section 155, sub section (1) presently reads.: 155.

(1) No person shall have in his possession a motor vehicle that does not have (

a) the manufacturer's serial number, or (

b) a special identifying number or mark authorized under

section 3D, cut, embossed or otherwise permanently marked or attached thereon in thE: space provided for such identification by the manufacturer.

Section 187, subsection (1) presently reads: 187.

(1) A peace officer may require the operator of a motor vehicle to submit the motor vehicle, together with its equipment and the trailer, if any, attached thereto, to examination and tests to ensure that the motor vehicle is fit and safe for transportation. Clause (

b) is new. 2

Section 207 is amended (

a) by striking out subsection (1) and by substituting the following: 207.

(1) Where a peace officer suspects the driver of a motor vehicle has consumed ale-ohol or otherwise introduced into his body any alcohol, drug or other substance in such quantity as to affect the driver's physical or mental abilHy, the peace officer may require the driver to surrender his operator's licence to the peace officer. (

b) by striking out subsection (-'+) and by substituting the following subsections:

(4) A suspension or disqualification arising pur suant to this

section terminates upon the expiration of 24 hours from the time the suspension or dis qualification arose.

(4.1) Notwithstanding subsection (4), where the suspension or disqualification involves alcohol and (

a) the driver voluntarily undergoes a test at a place designated by the peace officer and the test indicates that the proportion of alcohol in the driver's blood does not· ex ceed 80 milligrams in 100 millilitres of blood, or (

b) the driver produces to the peace officer a certificate signed by a duly qualified medi cal practitioner stating that the driver's blood, as tested by the medical practitioner after the commencement of the suspension or disqualification, did not contain more than 80 milligrams of alcohol in 100 milli litres of blood, the peace officer shall thereupon return the driver's licence, if any, to the driver. (

c) by striking out subsection (5) and by substituting the following subsection:

(5) This

section does not apply to a case arising out of the circumstances described in subsection (1) where a peace officer decides to lay an information against the driver alleging that the driver has, in contravention of the Criminal Code, committed any offence involving the actual driving of or care and control of a motor vehicle by the driver and (

a) the condition of the driver or the am·ount of alcohol in his blood, as the case may be, resulting from the consumption by him of ale-ohol, or (

b) the condition of the driver resulting from the introduction by him into his body of any drug or other substance. 3

Section 207, subsections (1), (4) and (5) presently read: 207.

(1) Where a peace officer suspects that the driver of a motor vehicle has consumed alcohol in such quantity as to affect the driver's physical or mental ability, the peace officer may require the driver to surrender his operator's licence to the peace officer.

(4) A suspension or disqualification arising pursuant to this

section terminates (

a) upon the expiration of 24 hours from the time the suspension or dis qualification arose, or (

b) upon the driver voluntarily undergoing a test at a place designated by the peace officer, which test indicates that the proportion of alcohol in the driver's blood does not exceed 80 milligrams in 100 millilitres of blood, or (

c) upon the production by the driver to the peace officer of a signed certificate of a duly qualified medical practitioner, which certificate states that the driver's blood, as tested by the medical practitioner subsequent to the commencement of the suspension or disqualification, did not contain more than 80 milligrams of alcohol in 100 millilitres of blood, whichever first occurs, and the peace officer shall thereupon return the driver's licence, if any, to the driver.

(5) This

section does not apply to a case where a peace officer decides to lay an information against the driver alleging that the driver has, in con travention of the Criminal Code, committed any offence involving (

a) the actual driving of or care or control of a motor vehicle by the driver. and (

b) the condition of the driver or the amount of alcohol in his blood, as the case may be, resulting from the consumption by him of alcohol. 3

Section 216 is struck out and the following is substi tuted: 216. The Minister may by order delegate <to the Motor Transport Board any of the powers, duties and functions conferred or imposed on him by this Act or the regulations which apply or relate to public service and commercial vehicles. 11. The Public Service Vehicles Act is amended as to

section 8, by striking out subsection (1) and by substituting the following subsection: 8.

(1) The powers, duties and functions delegated to the Board by the Minister under

section 216 of The Highway Traffic Act shall be exercised, performed and administered by the Board. 12. This Act comes into force on the day upon which it is assented to. 4

Section 216 presently reads: 216. All the powers, duties and functions vested in, imposed on, or exercised by the Minister pursuant to this Act in so far as they apply or relate to public service vehicles and commercial vehicles shall, subject to

section 8, subsection (1) of The Public Service Vehicles Act, be exercised and administered by him under the provisions of The Public Service Vehicles Act. This amendment will give the Minister a choice in the delegation of powers, duties and functions under this section. II. This

section will amend

chapter 300 of the Revised Statutes of Alberta

Section 8, subsection (1) of The Public Service Vehicles Act presently reads: 8.

(1) The powers, duties and functions vested in and imposed on the Minister by

section 216 of The Highway Traffic Act shall be exercised, performed and administered by the Board. This amendment is reciprocal to the amendment to

section 216 of The Highway Traffic Act. 4 Title: 1974 (17th, 3rd) Bill 68, The Highway Traffic Amendment Act, 1974 (No. 2)

Document details

Collection	Alberta — Bills
Citation	L17 S3 5334
Type	bill
Volume / chapter	L17 S3 5334
Language	en
Format	json
Source	PROVINCIAL
Identifier	fc2fa13b3326dd6cfe69932e8de41e47a5fa7bbf

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