ORDINANCES OF THE YUKON TERRITORY PASSED BY THE YUKON COUNCIL IN THE YEAR 1957 FIRST AND SECOND SESSIONS F. H. COLLINS COMMISSIONER . PriDted _d Publiahed for the GovernmeDt of the Yukon Territory UDder Authority of ·Chapter 75 of the CODaolidated OrdillAllcea of 1914. BY H. J. TA YLOR, Queen'. PriDter

ORDINANCES OF THE YUKON TERRITORY PASSED BY THE YUKON COUNCIL IN THE YEAR 1957 FIRST AND SECOND SESSIONS F. H. COLLINS COMMISSIONER Printed and Published for the Government of the Yukon Territory under Authority of

Chapter 7S of the Consolidated Ordinances of 1914. BY H. J. TA YLOR, Queen's Printer

TABLE OF CONTENTS FIRST SESSION Chap. I. l'V[otor Vehicles Ordinance .................. . 2. Contributory Negligence Ordinance Amendment ...................... .. 3. 4. 5. 6. 7. 8. 9. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Insurance Ordinance Amendment ............................. .. An Ordinance to Authori7.c the Commissioner to Sell Certain Property Situilte in Whitehorse ............................ .. Public Service Ordinilnce Amendment Busincss Licence Ordinance Amendmcnt Poll Tax Ordinance Amendment ........ Supplementary Appropriation Ordinance, 1957 .........

Appropriation Ordinance, 1957-58 .................. .. SECOND SESSION Miners Lien Ordinance .......................... . Annual Vacations Ordinance ....................................... .. Labour Provisions Ordinance ......................................... _ .......... .. An Ordinance Respecting the Floral Emblem of Yukon Territory ........................................................................ _ .......................... . Area Development Ordinance Controverted Elections Ordinance ................................... .. Elections Ordinance ................................................... .

Whitehorse School Agreement Ordinance ........................................ .. Financial Agreement Ordinance, 1957 ................................................. ... Old Age Assistance and Blind Persons Allowance Ordinance Amendment ........................... _ .. _ .... _ .............. _ .................... .. Disabled Persons Allowance Ordinance Amendment .......... .. ?-[otor Vehicles Ordinance Amendment Hospital Aid Ordinance Amendment ........................ _ ........................... .

Municipal Ordinance Amendment Supplementary Supply Ordinance .............................................................. .. Page 1 80 81 82 83 85 86 87 89 99 109 116 121 122 124 131 140 143 148 150 151 153 154 157

ORDINANCES OF THE YUKON TERRITORY Passed in the fourth session of the seventeenth Council of the Yukon Territory begun and holden at the City of Wbiteborse on the twentieth day of March, 1957, and prorogued on the sixth day of April, 1957.

MOTOR VEHICLES

CHAPTER 1 ORDINANCES OF YUKON TERRITORY 1957 (Firs •. Session) AN ORDINANCE TO REGULATE THE SPEED AND OPERA TION OF MOTOR VEHICLES ON HIGHWAYS (Assented to April 5th, 1957.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: CHAP. 1 1. This Ordinance may be cited as the Motol' Vehicles O,di-

Short title. nance.

INTERPRETATION 2.

In this Ordinance DClinitions. (a) "chauffeur" means a person who, for gain or reward, "Chauffeur". drives or operates a motor vehicle on a highway; (b) "dealer" means any person who carries on the busi- "Dealer". ness of buying, selling or exchanging motor vehicles or trailers either as principal or agent; (c) "driver" means a person who drives or IS m actual "Driver". physical control of a vehicle; (cl) ';gain or reward" means any payment, consideration, compensation or gratuity, directly or indirectly charg­ ed, demanded, received or collected for the use of a vehicle by a person who, as owner, lessee, hirer, chauf­ feur, operator or otherwise, has possession of or con­ trol over the vehicle or has directed the movement of the vehicle; (e) "gross weight" means the maximum weight of the motor vehicle when loaded to maximum capacity; (f) "highway" includes any thoroughfare, street, road, trail, avenue, parkway, driveway, viaduct, lane, alley, uGain or reward".

"Gross weight". ·'Highway·'.

CHAP. 1 "Inter­ s~ction". ··Licence". "Livery" or ·'taxicab". "Motor vehicle" .. "Munici­ pality". "Officer". "Operator" . "Owner". "Prrmit". ··Prescribed".

MOTOR VEHICLES square, bridge, causeway, trestleway or other place, whether publicly or privately owned, any part of which the public is ordinarily entitled or permitted to use for the passage of vehicles; (g) "intersection" means the area at the intersection of two or .more highways that is or would be enclosed by cross lines connecting the middle points of the curb corners of adjoining highways or, where there are no curbs, connecting the points of intersection of the lateral boundary lines of adjoining highways; (h) "licence" means a valid and subsisting licence issued under this Ordinance; (i) "livery" or "taxicab" means a motor vehicle that is used by its owner, chauffeur or driver for the business of transporting passengers at their request to a stated destination but that is not operated at regular inter­ vals or in accordance with a set time schedule; (j) "motor vehicle" means a vehicle not run upon rails, that is designed to be self-propelled, but does not in­ clude a traction engine and a vehicle used exclusively for mining, forestry, construction, road maintenance or farming operations and that is not primarily de­ signed to carry a load; (k) "municipality" means a municipal corporation; (I) "officer" means a person who is appointed or author­ ized to be an officer under this Ordinance; (m) "operator" means a person, other than a chauffeur, who operates a motor vehicle on a highway; (n) "owner" means the person in whose name a motor vehicle or trailer is or is required to be registered under this Ordinance; (0) "permit" means a valid and subsisting permit issued under this Ordinance; (p) "prescribed" means prescribed by this Ordinance or regulation or by the Commissioner under this Ordi­ nance; 2

MOTOR VEHICLES CHAP, 1 (q) "public service vehicle" means a motor vehicle or "Public service trailer operated on a highway by or on behalf of any nhide", person for gain or reward, whether such operation is regular or only occasional or for a single trip, hut does not include a motor vehicle or trailer owned by a municipality nor a motor vehicle or trailer used by its owner for the distribution or transportation of goods mc\nufactured or sold by him or a single vehicle used by the owner to distribute commodities on his own behalf; (r) "Registrar" means the Commissioner or any person "Registrar". authorized by the Commissioner to act as Registrar for the purposes of this Ordinance; (s) "settlement" means any area or place outside the limits "SettlemeDt". of a municipality in respect of which, pursuant to

section 151, signs have been erected or notices posted up respecting the rate of speed of vehicles within the limits of that area or place for the safety of the inhabitants thereof; (t) "traction engine" means a self-propelled vehicle de­ signed primarily for traction purposes and not constructed itself to carry a load, but does not include a truck tractor; (u) "trailer" means a vehicle that is drawn on a highway by a motor vehicle, whether or not part of its weight or load rests upon or is carried by that motor vehicle, but does not include an implement of husbandry tem­ porarily drawn, propelled or moved on a highway or a sidecar attached to a motorcycle; "Traction eDgiDe". (v) "truck" means a motor vehicle that is constructed "Truck". for or primarily used for the transportation of goods and chattels; (w) "truck tractor" means a motor vehicle that is used solely for the purpose of supplying power for the propulsion or drawing of a trailer or other vehicle; and 3 "Truck tractor".

~H"P. 1 "Vehicle". Registration required. H~gister. . Applic~ltion to RegIstrar. Licence required. MOTOR VEHICLES (x) "vehicle" means a device in, upon or by which a person or thing is or may be transported or drawn upon a highway, except a device designed to be moved by human power or used exclusively upon stationary rails or tracks.

PART I REGISTRATION AND LICENSING OF VEHICLES REGISTRATION 3. Subject to

section 22, no person shall operate or permit to be operated a motor vehicle or trailer on a highway in the Territory unless the motor vehicle or trailer is registered pursuant to this Ordinance. 4. The Registrar shall keep a register for the purpose of registering vehicles under this Ordinance. 5.

(1) The owner of a motor vehicle or trailer may apply to the Registrar to have the motor yehicle or trailer register­ ed.

(2) The application shall be made on a form approved by the Commissioner and shall be accompanied by the prescribed fees. PUBLIC SERVICE VEHICLES 6.

(1) No person shall operate or cause or permit to be operated a motor vehicle on any highway 'in the Territory as a public service vehicle unless he or the person for or on whose behalf the motor vehicle is operated holds a sub­ sisting public service vehicle licence authorizing the opera­ tion of that motor vehicle in the manner and for the purposes in or for which it is operated; and such licence shall be in addition to the certificate of registration issued pursuant to subsection (1) of

section 11.

(2) The owner of a motor vehicle may apply to the Regis­ trar to have a public service vehicle licence issued in respect of such motor vehicle.

(3) An application made under subsection (2) of this sec­ tion shaH be on a form approved by the Commissioner, and 4

MOTOR VEHICLES shall be accompanied by the prescribed fee and such addi­ tional information as the Commissioner may require,

(4) Upon receipt of an application for a public service vehicle licence and of the required information and the pre­ scribed fees, and after such investigation as the Commissioner deems proper, the Commissioner may grant the licence, in whole or in part, or may refuse the licence and any licence granted shall be subject to such conditions as the Commis­ sioner may pr~scribe, CHAP, 1 GraDtillg 01 Ikmce.

(5) Where the Commissioner grants a public service I .. ueol Iicetlce vehicle licence, he shall issue licence plates to the licensee, plal~.,

(6) A public service vehicle licence may, with the approval of the Commissioner, be renewed in such manner and on payment of such fees as may be prescribed,

(7) No public service vehicle licence shall be assigned or transferred, except with the approval of the Commissioner and subject t~ payment of the prescribed fee and to such conditions as the Commissioner may impose,

(8) The Commissioner may amend, suspend, or cancel any public service vehicle licence on any of the following grounds: (

a) non-compliance by the licensee with any of the condi­ tions of the licence, or with any of the provisions of this Ordina'nce or the regulations; or any Order of the Commissioner; (

h) failure of the licensee to exercise any of the rights and privileges granted in the licence or to provide ,adequate and efficient service; o,r (

c) conviction of the licensee in any Court for any offence against this Ordinance or any provision of the Criminal Code relating to driving on highways,

(9) Every public ser.vice vehicle licence made subject to conditions shall have the conditions printed on the licence and the licensee shall cause the licence to be carefully pre­ served and carried on the vehicle and to be available at all ){~lIewal 01 licences. . 1'raDsl.r .. 1 licencea. AmendDlent, RlIspt11sion, aDd callc.l­ latioll of Iiallces, Llispl", or licC"'nc.fe.

CHAP. 1 Display 01 licence platu. Capacity markers. ~ralion in conformity witb law. I.iyt:r, . busines •.. MOTOR VEHICLES times for the inspection of any person authorized by or under the provisions of this Ordinance to inspect such licence.

(10) Every holder of a public service vehicle licence shall cause to be affixed to the outside of and displayed on the motor vehicle throughout the term of the licence, the licence plates issued pursuant to subsection (5) in a manner so that they arc clearly visible from the front and rear.

(11) Where any licensee withdraws from service, sells or otherwise disposes of the motor vehicle for which he holds a subsisting public service vehicle licence, he shall forthwith (

a) report such fact to the Commissioner; (

b) remove the public service vehicle licence plates from the motor vehicle; and (

c) return them to the Registrar.

(12) An owner may apply to the Registrar .upon the pre­ scribed form, accompanied by the prescribed fee to trans­ fer the public service vehicle licence plates removed from a m'otor vehicle under this

section to another motor vehicle.

(13) Every holder of a public service vehicle licence shall cause to be clearly marked in a conspicuous place on both sides .of the vehicle in figures or letters not less than one inch in height, the gross weight of the motor vehicle; and no person shall operate on .. a highway a motor vehicle for which a public service vehicle licence. is required unless it is marked as require,dby this subsection; in this subsection "gross weight" means the maximum weight of a motor vehicle when loaded to the maximum capacity authorized umler the licence for the vehicle.

(14) Every public service vehicle licensee shall operate his licensed vehicle and conduct his business in conformity with the licence and the conditions of the licence, and with t.he provisions of this Ordinance and the regulations and Orders of the Commissioner. LIVERY LICENCES 7.

(1) No person shall carry on the business of a livery­ man until he has applied for and received from the Co~mis­ sioner a liveryman's licence in respect of each vehicle to be operated by. the applicant as a livery. 6

MOTOR VEHICLES

(2) Thc Commissioner shaIl not issue a· liveryman's licence until the applicant pays the prescribed fees and complies with any other condition that may be prescribed.

(3) The Commissioner may, after considering an applica­ tion for a liveryman's licence, grant or refuse the application.

(4) No liveryman's licence shall be transferable from one owner to another.

(5) Where the holder of a liveryman's licence ceases to carry on business as a liveryman, such holder shall return his liveryman's licence to the Commissioner.

(6) Every purchaser, of a livery business shall obtain a new liveryman's licence.

(7) The Commissioner may amend, suspend or cancel any liveryman's licence on any of the following grounds: (

a) non-compliance by the licensee with any of the coo­ ditions of the licence or with aoy of the provisions of this Ordinance or the, regulations, or any order of the Commissioner; (

b) failure of the licensee to exercise any of the rights and privileges granted in the licence or to provide adequate and efficient service; or (

c) conviction of the liccnsee in any court for (

i) any offence against this Ordinance, (ii) any offence against any provision of the CriminaL Code relating to driving on the highways, or CH.w.l (iii) any offence against any provision of the Liqllor BUS;Dm, Ordillance or the Indian Act relating to the sale or supply of liquor. MOTOR VEHICLE INSURANCE 8. (

I) Subject to subsection (5), every owner shall, in respect of his motor vehicle, take out and maintain in force a policy of motor vehicle liability insurance for an amount not less than 7 Cert;fic~te of iasuraDce.

CHAP. 1 MOTOR VEHICLES (

a) ten thousand dollars, not including interest and costs, for loss or damages resulting from bodily injury to 01" the death of anyone person and, subject to such limit for anyone person so injured or killed, twenty thousand dollars, not including interest and costs, for loss or damage resulting from bodily injury to or the death of two 01· more persons in anyone accident, and (I» two thousand dollars, not including interest and costs, for damage to property resulting from anyone acci­ dent ..

(2) Every insurer who issues a policy of insurance pur­ suan t to subsection (1) (

a) shall issue to each person named as an insured in the policy a motor vehicle liability insurance card in a form approved by the Commissioner; (

b) shall notify the . Registrar in writing as to the· par­ ticulars of the insurance; and (

c) shall notify the Registrar in wntmg ten days before such policy is cancelled or expires.

(3) A policy covering a motor vehicle insured pursuant to subsection (1) is in force and shall not expire or be can­ celled until after ten days notice is received by the Registrar from the insurer that the policy is to expire or be cancelled.

(4) Every application for registration of a motor vehicle shall be accompanied by a motor vehicle liability insurance card as provided in subsection (2) or such other proof as the Commissioner may prescribe, indicating that the owner is insured as required_

(5) The Commissioner may,· in his discretion, order that motor vehicles which are operated only in an area described in such order shall be exempt from this section. (6) \Vhere a policy of insurance covering a motor vehicle issued in accordance with this

section expires or is for any reason cancelled, the owner of such motor vehicle shall forthwith· surrender to the Registrar the certificate of registration and licence plates in respect of such motor vehicle. 8

MOTOR VEHICLES CHAP. 1 . CERTIFICATE OF REGISTRATION AND LICENCE PLATES 9.

(1) No person shall knowingly make a false statement No false slatemt'nt of facts in an application for registration of a motor vehide of facts. or trailer.

(2) No person shall knowingly make a false statement of fact in·.any proof of insurance required by the Registrar under

section R 10. Where the Registrar is satisfied that an applicant for Regi.t .. ation. the registration of a motor vehicle has complied with sec- tions 5 and 8, or an applicant for the registration of a trailer has complied with

section S, he shall register the motor vehicle or trailer in the register referred to in

section 4 by entering therein (

a) the name and address of the owner; (

b) the number of the owner's certificate of registration; and (

c) a description of the motor vehicle or' trailer. 11.

(1) Where a motor vehicle or trailer is registered under this Ordinance the Registrar shall issue a certificate of registration and licence plate or plates showing in plain figures the number of the certificate or registration for the cur~ent year in respect of 'that motor vehicle or trailer.

(2) A certificate of registration issued under subsection (1) expires 011 the thirty-first day of March next following the day upun which it was issued . .

(3) The Registrar may renew a certificate of registration that has expired, if the owner of. the motor vehicle applies for its renewal on the prescribed form and pays the regis­ tration fee required. 12.

(1) Subject t.o

section 20, no person shall operate on a highway a motor vehicle or trailer that does not have firmly attached thereto the number plate or plates furnished by the Commissioner in respect of that motor vehicle or trailer, 9 Certilicate of registration aad Dumber platn. Day of t:xpiry. Reucw.o.lof artilicate of registration.

CHAP.' 1 'robe distillctly vi.ible. 110\or n:hide1t. MOlarc),ck •. Trailer. Wh.re IIlImber pia le's 10SI, d .. lrayed or ddaced. Trau!\ferfi.. MOTOR VEHICLES

(2) The number plates shall be attached to the outside of a motor vehicle in a manner so that they are clearly visible from the front and rear.

(3) Every motor vehicle, other than a motorcycle, or pedal bicycle with motor attachment,. shall carry two number plates firmly affixed to the motor vehicle, ~me plate at the front of the vehicle and' one plate at the rear of the vehicle. ,

(4) A motorcycle or pedal bicycle with motor attachment shall carry onc lIumb~r plate attached to the r.ear, mudguard thereof.

(5) A trailer shaH carry onc number plate ,attached to the rear thereof.

(6) Any licence plate or ~~mber plate furnished by the Commissioner shall be and' remain the property of the Crown and shall b~ r,et~rned to the CommissioI;ler when re­ quired by him. 13. Where a number plat~ of a registere~ motor vehicle or trailer is lost, destroyed or is so defaced as to be iHegible, th~ own~r, shall forth'yithapply to the Registr,,;r; for re­ registr:ltioll of his ,motor vehicle, or trailer apd' shall trans- ~lit' with 'his apl,>lication ' .,' (

a) the certificate of registration issued to him u,nder

section 11; ,(

h) the ~elilaining or defaced number I:>la,te, if any ; and (

c) a fee of two dollars; and the Registrar' may rc-register the motor' vehicle or trailer and issue t<i the owner a new certificate of registration amI new Ilumbc,: plates. ' 14. (

I) If an owner disposes of his registered motor ,'chide or trailer he shall imrnedi'atcly notify' the Registrar and 'furnish the name and address of the new owner thereof.

(2) The owner sha'lI deliver to the Commissioner for re· issuing the certificate of registration of the motor vehicle 10

MOTOR VEHICLES or trailer of which he has disposed, and upon payment of a fee of two dollars the certificate of registration shall, subject to this Ordinance, be rc-issued to the new owner; the. number plates issued to the original owner for the motor vehicle or trailer shall remain affixed to such motor vehicle or trailer. DEALER'S LICENCES ] 5.

(1) Every dealer, whether motor vehicles or trailers owned, possessed or controlled by him are registered or riot; shall apply to the Registrar for a licence authorizing the dealer' to buy and sell motor vehicles and trailers and to operate mot~r, vehicles and trailers for the purpose of demonstration and sale.

(2) A dealer shaH make application for the licence under subsection (1) to the Reg!strar in the prescribed form accom- panied by the prescribed fees. .

(3) Upon the receipt of an application under subsection (1) and upon proof satisfactory to the Commissioner that the applicant has complied with the provisions of subsectiion (1) of

section 8, the Registrar may issue to the applicant a dealer's licence in the prescribed form. . .

(4) A licence .. issued under subsection (3) authorizes a dealer to 'obtain distinctive number plates used for the pur­ poses 'of demonstration and sale as are necessary in his husincss upon ra~'ment 'Of the prescribed fee.

(5) A motor' \'Chicle or trailer that ,is owned or possessed hy a dealer. for purposes of demulistratioll and sale. and not f()r hire' or for use. as' a service car or truck' and that. \vhen driven' upon a :highway for demonstration or sale. has attach­ ed thereto and exposed thereon a set of dealer's numher pl:ltes, shall be deemed to he registered under this Ordinance.

(6) Where a dealer has', an established place of business in more than one municipality or settlement, he, shall apply for a separate' permit and distinctive number plates for each place of business. CHAP. 1 Licrnct' authorizin!f .d<:al~r to buy aDd sdI motor \OehidC's and trail~rs. 16. No person shall. attach to 'any motor \'chicle any OfT~nc ... number plate issued pursuant to

section 15, nor shall any II

CHAP. 1 Jo:tjuipmellt to comply with Orc.hnance. Certificate. In transit markers. MOTOR VEHICLES person use or operate any motor vehicle to which-any number plate so issued is attached except a vehicle that is (

a) kept by him exclusively for sale and not for hire, and (

b) used exclusively in his business of a dealer therein for the promotion of sale of such motor vehicle. 17. Any dealer who (

a) drives or permits to be driven upon a highway -any motor vehiCle or trailer owned or possessed by him for purposes of demonstration or sale without having at­ tached thereto and exposed thereon dealer's number plates, or - . (

h) drives or permits to be driven upon a highway for any" purpose other than for demonstration or sale or for conditioning or testing, as the case may be, and not in compliance with the requirements of this Ordinance and the regulations, any -motor vehicle or trailer ha\,- -iog 'attached thereto or exposed -thereon dealer's num­ ber plates is guilty of an offence. 18. (

I) No dealer or any person employed oil commis­ sion by him shall deliver a' motor vehicle that he has sold to a purchaser unless such motor vehicle and its equipment complies with this Ordinance and regulations.

(2) Every dealer and other person mentioned in sub­ section (1) shall at the time of delivery of a motor vehicle to a purchaser furnish him with a certificate to the fact that the motor vehicle and its equipment complies with this Ordinance and the regulations. 19. (

I) Upon proof satisfactory to the Commissioner that the dealer has taken out a policy of motor vehide liability irlsllra'-lce in an amount not kss than- the amount set nut in subsection (1) of

section 8 in r-espect of :the new motor vehicle and upon payment of the prescribed -fe~, the Regis­ trar may issue to a dealer "In Transit" markers, which shall be used onlv on the original trip of new-inotorvehicles fr~m the distribu-tor to: the' dealer: -' - - , 12

MOTOR VEHICLES

(2) An "In Transit" marker shall be pasted on the wind­ shield of the motor vehicle and shall be destroyed immediate­ ly upon the arrival of the vehicle at the dealer's place of business.

(3) Every dealer shall account to the Registrar for all "In Transit" markers issued to him. EXEMPTION OF NON-RESIDENTS 20. Where the owner of a motor vehicle resides outside the Territory and has complied with the law of his place of residence with respect to the registration and licensing of the motor vehicle and the motor vehicle carrying number plates for the current year assigned under that law to that motor vehicle is brought into the Territory for the purpose of touring for pleasure for a period not exceeding ninety days, the motor vehicle shall be deemed to be registered pursuant to this Ordinance. 21.

(1) The Commissioner may enter into a reciprocal arrangement or agreement with any province or state ex­ empting any class of owners who are ordinarily resident in that province or state from the application of the provisions of this Ordinance respecting (

a) registration and licensing of motor vehicles and the carrying and displaying upon motor vehicles of licences and number plates; (

b) the granting by that province or state of similar exemp­ tions and -privileges with respect to owners who are ordinarily resident in the Territory.

(2) Every arrangement or agreement made under sub­ section (1) and the exemptions thereunder shall be subject to the condition that no person shall be entitled to any exemption or privilege thereunder in respect of a motor vehicle in the Territory unless the owner of the motor vehicle has complied with the law of his place of residence as to the registration and licensing of motor vehicles and carries or causes to be· carried -on the motor vehicle the certificate or licence and the number plates prescribed by 13 CHAP. 1 Registration of vehides of non· residents. Heciprocal arrangt:'mellts with other provinces.

CHJ\P. 1 J"'ermit (or [orcign motor v~hicl.s delivering goods within the Territory. MOTOR VEHICLES the law of that place, and shall also be subject to all further conditions and restrictions set out in the arrangement and agreement and to cancellation by the Commissioner. 22.

(1) Where a motor vehicle or trailer is registered or licensed at a place outside the Territory and is brought into the Territory (

a) for the purpose of delivering inside the Territory goods loaded thereon; (

b) for the purpose of being loaded inside the Territory with goods for delivery outside the Territory; (

c) for both purposes set out in paragraghs (

a) and (b) : or (

d) for the purpose of transporting goods through the Territory without loading or discharging any part of such goods inside the Territory; the Registrar may, upon receiving application therefor and upon proof satisfactory to the Commissioner that the appli­ cant is adequately covered by a policy of motor vehicle lia­ bility insurance in respect of such motor vehicle or trailer, issue to the applicant a permit accompanied by a suitable windshield sticker.

(2) A person making an application under subsection (1) shall make a payment equal to one-twelfth of the annual licence fee for a motor vehicle or trailer of like weight.

(3) A permit issued under subsection (1) permits the operation of the motor vehicle or trailer within the Territory for a period of thirty days subject to such conditions as the Commissioner may prescribe.

(4) The applicant for the permit issued under subsection (1) shall display the windshield sticker upon the motor vehicle and cause the permit to remain with the motor vehicle for exhibition at the request of any officer.

(5) Subject to the full observance of the conditions set out in the permit during the period of the use or operation of the motor vehicle or trailer within the Territory, the ob­ taining of the permit shall be deemed a sufficient compliance 14

MOTOR VEHICLES with this Ordinance as to the registration and licensing of that motor vehicle or trailer while used within the Territory for the purpose herein mentioned during the period for which the permit was issued.

(6) The Commissioner shall not issue more than three permits under !'ubsection (1) in any licence year in respect of the same motor vehicle or trailer.

(7) Where an applicant requires more than three permits under subsection (1), the Commissioner may issue a public service vehicle licence in accordance with

section 6 to the applicant and the fees already paid for permits under sub­ section (1) may be applied to the fee for such public service vehicle licence.

(8) Where a motor vehicle is registered or licensed at a place outside the Territory and, while transporting pas­ sengers for hire is brought into the Territory for a purpose and during a limited period of time approved by the Registrar, the owner may, (

a) upon application as in subsection (1), (

b) upon payment of the prescribed fee, and (

c) upon proof satisfactory to the Commissioner that the owner has taken Qut a policy of motor vehicle lia­ bility insurance not less than the amount set out in subsection (1) of

section 8, be issued a permit for the operation of that motor vehicle within the Territory for the like period with the like effect and subject to the conditions set out therein as in the case of a permit issued under subsection (1).

(9) Every person who drives or operates or is in charge of a motor -vehicle or trailer in respect of which a permit has been issued under this

section and who fails to observe any of the conditions set out in the permit is guilty of an offence. 23. The provisions of this Ordinance respecting the regis­ tration and licensing of motor vehicles do not apply to service vehicles of a visiting force as defined by the Visiting Forces (North Atlcmtic Treaty) Act of Canada nor shall any tax be-pay­ able in respect of the use of the said vehicles on a highway. 15 CHAP. 1 Vehicles of visiting force exempted.

CHAP. 1 ]·rohibition respecting number plate,. Licence required. Exemptioa for DOD­ resilloats. MOTOR VEHICLES PROHIBITIONS RESPECTING REGISTRATION AND NUMBER PLATES 24. No person shall (

a) deface or alter a number plate issued under this Ordi­ nance; (

b) use or permit the use on his motor vehicle or trailer of a defaced or altered number plate; (

c) without the authority of the owner, remove a number plate of a motor vehicle or trailer; (

d) unless otherwise permitted by this Ordinance, use or permit the llse of a number plate on his motor vehicle or trailer other than the number plate issued under this Ordinance for that motor vehicle or trailer: or (

e) fail to notify the Registrar of the sale, exchange, or other disposal by him of a motor vehicle or trailer as required by

section 14 or of the purchase by him of a motor vehicle or trailer in respect of which a certifi­ cate of registration has been issued.

PART II CHAUFFEURS' AND OPERATORS' LICENCES LICENCES 25.

(1) Subject to subsections (2), (3) and (4), no person shall operate a motor vehicle on a highway in the Territory unless he holds a· chauffeur's licence 'or operator's licence issued to him under this Ordinance.: (2) Subsection (1) does' not apply to a person who does not reside or carry on business in the Territory for more than six consecutive months in each year if (

a) he holds a chauffeur's licence or operator's licence issued to him by hi·s province, slate or country of residence; and (

b) his province, state or c.ountry of residence grants similar privileges with respect to the operation of 16

MOTOR VEHICLES motor vehicles to persons who reside or carry on business in the Territory.

(3) Suhsection (1) does not apply to a person who is learning to~ operate a motor vehicle where he is accompan­ ied by a person who holds a chauffeur's licence or operator's licence and who sits beside the person learning to operate the vehicle for the purpose of teaching him to operate it. (4) Subsection (1) does not apply to a member of a visiting force as defined in the Visiting Forces (North Atlantic T,·eaty) Act of Canada, if such member is in possession o{ a driving permit or licence issued to him by proper authority. 26.

(1) Subject to subsection (2) and (3), the Registrar may issue an operator's licence or a chauffeur's licence to a person who applies therefor for a period and under such conditions as the Commissioner may prescribe.

(2) An operator's licence shal1 not be issued under this

section to a person under the age of sixteen years.

(3) Subject to subsection (4), a chauffeur's licence shall not be issued under this

section to a person under the age of eighteen years.

(4) The Commissioner may, after careful consideration of the qualifications of any person of the age of sixteen or seventeen years holding an operator's licence, grant him a temporary permit for. the operating of a motor vehicle as a chauffeur, where such motor vehicle is not used for the purpose of transporting passengers for hire. 27.

The Registrar may refuse to issue a chauffeur's licence or an operator's licence until he is satisfied that the applicant therefor is capable of operating a motor vehicle without endangering the safety of the general public and may re­ quire the applicant to submit himself for examination by an officer or may determine the circumstances in which an exam- ination may be dispensed with. . . -. - .. 28. Every application for a chauffeur's licence or an oper- ator's licence shal1 be made to the Registrar and shall be on a form approved by the Commissioner and shal1 state 17 CHAP. 1 Exemption for learners.

Exemption for member or a visiting force. Issue of licences. Applicant maybe examined. Formal application.

CHAP. 1 Licence fee. Signature o£ 'Iicensee Day of upiry. Suspension and cancel· lation by COlllluissioncr. Licence shall be delivered on cOllviction (or cndorsenlent. MOTOR VEHICLES (

a) the name and address of the applicant; (

b) his age, weigh t, colour of eyes, colour of hair and sex; (

c) whether or not the applicant has ever had his chauf­ feur's or operator's licence suspended or cancelled, and, if so, the reasons therefor; (

d) whether the applicant has ever suffered from any mental disability, epilepsy, stroke, fits, fainting spells or convulsions or illness affecting the eyes; and (

e) such additional information as the Registrar may re­ quire. 29. Every application for a chauffeur's licence shall be accompanied by the payment of a licence fee of five dollars and for an operator's licence shall be accompanied by a pay­ men of a licence fee of two dollars. 30. A chauffeur's licence or an operator's licence is not valid until the person to whom the licence is issued has writ­ tell his usual signature thereon in the space provided for that purpose. 31.

Unless stated otherwise therein, a chauffeur's licence or an operator's licence expires on the thirty-first day of March next following the day upon which it was issued. CANCELLATION AND SUSPENSION 32. The Commissioner may suspend or cancel a chauffeur's licence or operator's licence issued under this Ordinance if the licensee violates any of the provisions of this Ordinance or the regulations. 33.

(1) Every holder of a chauffeur's or operator's licence who is convicted of (

a) an offence under this Ordinance; or (

b) an offence under sections 221, 222, 223, 225, 226 or 281 of the Criminal Code, or (

i) manslaughter, or lR

MOTOR VEHICLES (ii) criminal negligence under

section 192 or 193 of the Criminal Code, committed, in either case, by a person while operating a motor. vehicle, shall forthwith deliver his licence to the judge or magistrate making the conviction, and the judge or the magistrate shall endorse on the licence the particulars of the conviction.

(2) A judge or magistrate who convicts the holder of a chauffeur's licence or operator's licence of an offence under this Ordinance may, upon making the conviction, suspend or cancel the licence and shall send the suspended or can­ celled licence to the Commissioner together with a report setting out the nature of the conviction and the circumstances of the offence. RENEWAL OF LICENCES CHAP. 1 Magistrate may suspend or cancel licence 01 offender. 34.

(1) The Registrar may renew a chauffeur's licence or Renewals. an operator's licence where the applicant for a renewed licence (

a) shows that he has previously been issued a licence; (

b) gives the number, date of issue and classification of the licence to be renewed; and (

c) sends a fee of five dollars for'a chauffeur's licence renewal or two dollars for an operator's licence re­ newal along with his application; and the Registrar is satisfied that the applicant IS qualified to operate a motor vehicle.

(2) No person who is the holder of operator's or chauf­ feur's licence shall apply for or obtain another operator's or chauffeur's licence except for the purpose of obtaining a duplicate of a valid and subsisting licence that has been lost, destroyed, or become worn out. PROHIBITIONS 35. Unless otherwise permitted in this person shall allow his motor vehicle to be Ordinance, no driven by any 19 Not to allow unlicensed operation.

CH ...... 1 Nollo hire or rrnt to unauthoril.ro operators. Hired etll­ plorees shall hold chauffeur's llcellct:. Not to use licence of another, etc. No (Jcl"SOll 10 applr (or licence during period o( sust>~llsion. L.u\lps at nighl. ~\Ieallillg of "nighl". MOTOR VEHICLES person who has not been issued a chauffeur's licence or an operator's licence under this Ordinance, 36. No person shall hire or let for hire a motor vehicle unless the person by whom the motor vehicle is to be driven is authorized under this Ordinance to operate a motor vehicle. 37. (

I) No person shall operate a motor vehicle on a highway as a chaffeur unless he has been issued a chauffeur's licence under this Ordinance.

(2) No person shall employ for hire for the principal purpose of operating a motor vehicle a person who has not been issued a chauffeur's licence under this Ordinance. 38. (

I) No person shall use or possess a chauffeur's licence or an operator's licence that has been issued to ariother person or that is fictitious or that has been suspended or cancelled.

(2) No person shall allow his chauffeur's licence or his operator's licence to be used or possessed by another person. 39. No person shall apply for, procure or attempt to procure a chauffeur's licence or an operator's licence during a period while he is disqualified or prohibited from driving a motor vehicle by reason of the suspension or cancellation of his licence.

PART III EQUIPMENT LIGHTS 40.

(1) No person shall operate a vehicle on a highway during the night or at any time when fog or other atmos­ pheric conditions reduce the degree of visibility to that approximating the degree of visibility existing under normal a tmospheric night conditions or less, unless the vehicle is equipped with lighted lamps in accordance with this Part.

(2) For the purposes of this Part, "night" means the period from sunset to the next following sunrise. 20

MOTOR VEHICLES

(3) In this Part, requirements as to visibility of lamps in terms of distance from a vehicle means that the lamps are clearly visible at the stated distance under normal atmos­ pheric night conditions. 41. (

I) A motor vehicle, other than a motorcycle or a pedal bicycle with motor attachment, shall be equipped with the following lamps: (

a) not less than two headlamps, one at each side of the motor vehicle at the front, each of which projects a white light for a distance of at least three hundred feet in front of the motor vehicle; and (

b) a tail lamp of not less than three candlepower that shows a red light plainly visible at a distance of at least 200 feet behind the motor vehicle and illuminates, with a white light, the number plate fixed on the back of the motor vehicle so that its letters and figures are plainly visible at a distance of a least sixty feet behind the motor vehicle. CHAP. 1 Visibility refers to normal at· ntosl)heric night con­ dition!';. Requiremrnt~ respecting lamps.

(2) The headlamps of a motor vehicle shall be not more I~::i~ii~~ o! than fifty inches above the plane surface upon which the lcadlamps. motor vehicle rests.

(3) No part of the direct, reflected or refracted light projected from a motor vehicle headlamp shall rise more than forty-two inches, at a distance of seventy-five feet in ·front nf the motor vehicle. above the plane surface upon which it stands.

(4) VJhere a motor vehicle or trailer is more than twenty feet in length, or more than eighty inches in width, it shall have affixed in conspicuous positions as near the top as practical at least one lighted amber clearance light on each side' of the front and at 'least one lighted red clearance light on bch side of the rear. 42. A motorcycle or pedal bicycle with motor attachment shall carry one headlamp at the front and one tail lamp at the rear but these lamps shall, in all respects, conform to the requirements respecting lamps set out in

section 41.· 21 AngleD! headlamp beam. Special case. Lamps for motorcydes.

CHAP: 1 Laml" for bicycles. Lamps for trailers. V.hicles other than motor v~hicles. SI>ollights, c:tc. Parking lights. J.'lare~. MOTOR VEHICLES .' 43. A 'bicycle,' other than a· pedal bicyclc with motor attachment, shaH carry a white. lamp at the front and a red lamp or' red reflector at the rcar,. cach of which is clearly visible at a distance of at least two hundred feet. 44. A trailer shall carry at leas.t onc red lamp or reflector at the rear thiLt is clearly visible 'at a distance of at least two hundred feet. 45.

A vehicle other than a motor vehicle, trailer or bicycle that is operated on.ahighway·at night shall carry a lamp, shuwing white tu the front and red to the rear, located on the left side of the vehicle and clearly \'isiblc at a distance of at least two hundred feet. :46. (1). No vehicle shall carry more than onc spotlight, searchlight or other· auxiliary lamp and the light from such spotlight, searchlight.or other auxiliary lamp shaH be directed towards the right of the travel portion of a highway.

(2) This

section does not apply to ambulances, police vehicles, salvage vehicles, road maintenance vehicles, public utilities vehicl~s, or·fire ,fighting v,ehicles operated on high­ ways, by authorized. persons. 47. vVhere any vehicle, machine or other obstruction' is standiJ~g upon a highway at a time when lighted lamps are rcquircd'to bc displayed: it may, in lieubf the lights hercin­ i)eforc rcqui!ed; show' a 'Iight l on' the . left side of thc vehicle, 1l.1'achine or other obstruction' in 'su'ch a manner as' to be clear­ ly visible' both to thc front and back of 'the vehide, machinc or othcr obstruction from a distance of at Icast two hundrcd feet under normal atmospheric conditions and such a light shall show white or grccn onlyt'o' 'the front and, red only tli the 'rear of th'c vehit'lc, nlathinc' 'or othcr obstructIon. 48.

(1) Wherc a motor vchiclc,thc gross weight of \vhich is' in ex~~ess of, eight, thousand pounds, is, stopped on a high­ way during the period when lighted lamps are required to he displaycd on vehiclcs and thc lighting equipment rc(]uircd by this Ordinance is disabled and, th<; vehiclc ,cannot immedi­ atcly bc rcmoved from thc travcllcd Ix,rtion of a highway out­ side of a municipality, the ~)pcrator of the motor vchicle .~hall cause to ,h~ p\a'ccd on' the ,highway 22

MOTOR VEHICLES (

a) two lighted flares, lamps or lanterns, or (

b) two reflecting devices (

i) each reflector of which has a diameter of not less than tw,o and one-half inches, and (ii) casting a red reflection clearly visible under normal atmospheric conditions from a distance of at least five hundred feet.

(2) One of the flares, lamps,' lanterns or reflecting devices mentioned in subsection (1) shall be placed at a distance of at least two hundred feet in advance of the vehicle, and the other shall be placed at a distance of at least two hundred feet to the rear of the vehicle; and where reflecting devices are so'placed, each of them shall be so placed as' to be illuminated 'by the lights of any approaching vehicle.

(3) Every motor vehicle, with a gross weight in excess of eight- thoilsand pounds shall carry at all times and in good working condition, 'and, the' driver of the vehicle shall on the request of an officer produce two flares, lamps or lanterns for the use .mentioned in sllbsection (1). ,49 .. Where a motor vehicle on a highway is approaching or is being approached by another vehicle proceeding in the opposite direction, and ,when within not less than four hundred yards, of it, the driver of the' motor vehicle, whether in motion or stationary, shall dim or drop, the beams of its headlamps. BRAKES CH .... P. I LOC:ltioll o[ flares, reflectors. lhlEt carry flares. ])inlnling he~dl~lIIfl" 50.

(1) Ev~ry motor vehicle shall be equipped with brakes l1r~hs. adequate to control it at all times.

(2) Every person operating a motor vehicle on a high\vay 1 "'1'<<:t;OIl. shall upon request of any officer permit the officer to inspect and test the brakes of the motor vehicle or, at the option of the officer, shall opc'rate the motor vehicle as directed by him for the purpose of inspecting and testing the brakes. ' (3)' No brakes shall be deemed to ,be adequate within the Stallrl~l'(ls. meaning of this

section unless they are so constructed and

CHAP. 1 l<Iel1l. Traile,. brakes. Slam.lanls. Jd~1I1. Emergency brake. MOTOR VEHICLES adjustcd as to bc capablc of stopping the motor vehicle, whether loaded or unloaded, when operated on a dry, hard, level highway within the following. distances and in respect of the following speeds of the motor vehicle, namely, (

a) where a motor vehicle, whether loaded or unloaded, carries service brakes on both axles, within thirty­ seven feet from a speed of twenty miles per hour upon application of the service brakes alone; and (

b) where a motor vehicle, whether loaded or unloaded. carries service. brakes on one axle only, within forty­ five feet from a speed of twenty miles per hour upon applicatioll of the service brakes alone.

(4) The brakes carried by a motor vehicle shall be main­ tained in good working order and shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite sides of the motor vehicle so as to prevent it from swcrving, pulling to one side, and otherwise affecting the operator's control on application of the brakes.

(5) Where a moto'r vehicle, having a trailer in tow where the combined weight of the trailer and its load, but exclusi,'e or passengers, exceeds onc thousand five hundred pounds, or where the weight of the trailer exceeds fifty per cent of the weight of the towing vehicle; the trailer shall be equipped with brakes capable of beiilg operated by the operator of the towing vehicle whell he is seated in the driver's scat.

(6) The combined brakes of the towing vehicle and the trailer shall be so constructed ·and adjusted as to be capable \..If stopping the combination of vehicle,S whether loaded or l1nloaded whclI operated on a dry. hard. )c\;c! highway within a distance of thirty-seven feet from a speed of twenty miles per hour.

(7) The combined brakes of the towing vehicle and trailer shall hc so adju!'ted :t!=: to prevent !=:ide-sway or jack-knifing when applied.

(8) Every motor vehicle' shalt carry' an emergency brake Sf) constructed and adjusted that it is capable of holding the 24

MOTOR VEHICLES vehicle or combination of vehicles stationary upon any grade upon which the vehicle or combination of vehicles is operated and in any event upon any plus or minus grade of at least five per cent. OTHER EQUIPMENT SI.

(1) Every motor vehicle shaII carry a suitable horn, beII, or warning device in good working order' capable of emlttmg sound audible under normal conditions from a dis­ tance of not less than .two hundred feet.

(2) The horn' shaH be sounded whenever it is reasonably necessary as a signal or warning to' any' person of the approach of the motor vehicle.

(3) No horn commonly known as' a siren horn shaH be carried or used on any motor vehicle other than an ambulance, civil defence vehicle or a motor vehicle operated by the Royal Canadian Mounted 'Police or a fire department".

(4) No exhaust, compression, or spark-plug whistle shaH be carried or used on any motor vehicle.

(5) Except as a' reasonable warning no person shaH at any time sound or use the horn, beH, or warning device of a motor vehicle in order to make any unnecessary or un­ reasonably loud or harsh sound. 52.

(1) Every motor vehicle propeHed by an internal com­ bustion engine shaH be equipped with an exhaust muffler con­ sisting of a series of pipes or chambers so proportioned and constructed as to allow the exhaust gases from the engine to expand and cool to a degree of noiseless expulsion; and the muffler shaH not be cut out or disconnected while the motor vehicle is in operation on any highway. CHAP. 1 Horn. Souncling. Sirens. Prohibited equipment. Unnect:ssary sounding. Muffler.

(2) No motor vehicle, the muffler of which has had any Prohibitioll. baffle-plate or other part for the suppression of exhaust noises removed or the exhaust outlet opened so as to create more noise, shaH be operated on any highway, nor shall any device be attached to a motor vehicle muffler or exhaust system which wiII inc'rease the noise of the exhaust or cause a flame to be emitted therefrom. 25

CHAP. 1 Condition 01 windshields. Windshield stickers. Windshield wipers. Safety glass. Obstruclioll of view. l\firrors. Idem. MOTOR VEHICLES J'). No person shall operate upon a highway any motor vehicle the windshield or windows of which are in such a condition as to impair the operator's vision. 54. No person shall operate any motor vehicle with a sticker, sign, poster, or other non-transparent material placed over, or affixed to the windshield, side wings or side or rear windows that unduly obstructs the driver's clear view of the highway or any intersecting highway. J:l.

No person shall operate any motor vehicle other than a motorcycle that is equipped with a windshield unless the windshield has installed thereon a device for cleaning dust, rain, snow or other moisture from it; and such device shall be so constructed as to be controlled or operated by the operator of the motor vehicle while the vehicle IS In motion and maintained in good working order. 56. No person shall replace any glass in doors, windows or windshields of motor vehicles other than motorcycles unless such replacement is made with safety glass. 57.

No person shall operate a motor vehicle that carries any equipment, fixture or load in such a manner or POSI­ tion as to interfere with or obstruct the operator's clear view of the highway or intersection. 58. (

I) No person shall operate a motor vehicle unless it carries a mirror so located as to reflect to the driver a view of the highway at least two hundred feet distant to the rear of the motor vehicle.

(2) No person shall operate a motor vehicle having a trailer in tow if the trailer or any load thereon obstructs the view of the driver to the rear unless the towing motor yehicle is equipped with two mirrors. one of the mirrors be­ ing located 011 the left front door, or 011 the left wind shield post or' on a proj~cting rod to the left of the motor vehicle, and the other mirror being located on the right front door, or 011 the right windshield post or on a projecting rod to the right of the motor vehicle, and unless both mirrors arc so adjusted as to reflect to the driver a view of the highway for a distance of at least two hundred feet to the rear of the trailer. 26

MOTOR VEHICLES 59.

(1) No person shall operate any motor vehicle or trailer that carries anything projecting more than four feet from the rear of the motor vehicle or trailer unless there is attached and displayed at the end of the projection (

a) during the day a red flag not less than twelve inches square, or (

b) during the night a red light plainly visible under normal conditions for five hundred feet to the rear of the motor vehicle or trailer.

(2) No person shall, without the written permiSSIOn of the Registrar, operate upon a highway a vehicle including load having a width greater than ninety-six inches. CHAP. 1 R.d lIag or rcd light. 60.

(1) No person shall operate any motor vehicle and Coupling devices. trailer on a highway unless the device coupling the motor vehicle and trailer is of such construction and strength as to hold the weight of the trailer and prevent the break-away.

(2) The coupling device mentioned in subsection (1) shall Idem. be firmly affixed to an integral part of the vehicle of both the towing vehicle and the trailer.

(3) Every trailer shall have, in addition to the main Jd.m. coupling device, an auxiliary hitch consisting of a chain or metal cable equivalent in strength to the main coupling de- vice. 61.

(1) Every' 'motor vehicle and every trailer on a highway Mudguard •. shall carry mudguards or fenders adequate to reduce effec- tively the wheel spray or splash of water from the roadway to the rear thereof, unless adequate protection is afforded by the body of the motor vehicle or trailer or by a trailer drawn by the motor vehicle.

(2) Every truck or trailer having a manufacturer's rating Rock guard •. of one ton or more shall carry rock guards at the rear of such truck or trailer. 27

CHAP. 1 U~fillitions. "llusilless district", "Con!roll~d access highway". ·'Cros6\\"alk". "Emergency vehicle", MOTOR VEHICLES

PART IV RULES ·OF THE ROAD

INTERPRETATION 62. In this Part, (a) "business district" means the territory contiguous to any portion of a highway having a length of six hundred feet along which there are buildings in use for business. industrial or public purposes occupying (

i) at least three hundred feet of frontage on one side of that portion, or· (ii) at least three hundred feet collectively on both side~ of that port.ion, and includes that portion of the highway; (b) "controlled access highway" means a highway (

i) on to which persons have a· right to enter from . abutting land, and (ii) from which persons have a right to enter on to abutting land, only at fixed ·locations; (c) "crosswalk" means (

i) any portion of th~ roadway at an intersection or elsewhere di~tinctly indicated for pedestrian cross­ i.ng by signs or by lines or other markings on the ·surface, or . (ii) the portion of a highway at an intersection that is included within the connection of the lateral lines of the sidewalks on the opposite sides of the high­ way, measured from the curbs, or in the absence of curbs, from the edges of the travelled portion of the highway; (cl) "emergency vehicle" means a vehicle used (

i) for police duty, 28

MOTOR VEHICLES (ii) by a fire department, .or (iii) as an ambulance. CHAP, 1 (e) "laned roadway" means a roadway that is divided into ~!;"d'::~y'" two or more marked lanes for vehicular traffic; (f) "owner" as applied to a vehicle means (

i) the person who holds the legal title to the vehicle, (ii) a person who is a conditional vendee, a lessee 01' a mortgagor, and is entitled. to be and is in pos­ session of the vehicle, or (iii) the person in whose name the vehicle is register­ ed; IIOwner ". (g) "park", when prohibited, means the standing of a "Park", vehicle, whether occupied or not, except when standing temporarily for the purpose of and while actually en- gaged in loading or unloading; (h) "pedestrian" means a person afoot, or an invalid or "Penestrian", child in a wheelchair or carriage; (i) "residence district" means the territory contiguous to any portion of a highway having a length of three hundred feet along which there are buildings in use for residence purposes only or for residence and busi­ ness purposes occupying (

i) at least one hundred and fifty feet of frontage on one side of that portion, or (ii) at least one hundred and fifty feet collectively on both sides of that portion, and includes that portion of the highway; URe!lOidence district" . (j) "roadway" means the portion of t~e highway that is "Roadway". improved, designed or ordinarily used for vehicular traffic, but does not include the shoulder, and where a highway includes two or m'ore separate roadways, the . term "roadway" refers to anyone roadway separately and not to all the roadways collectively; 29

CHAP. 1 "Sa(cty zonr:". "School bu .... "Sidewalk". "Stop" or "stan"", "Trrdtorial highway". Thl'Ough· hillh\\.·ay", ·'Traffic". "Traffic coutrol dr\'icc" . "Traffic control .igna'''.

MOTOR VEHICLES (k) "safety zone" means an area officially set apart within a highway for the exclusive use of pedestrians, and protected or marked or indicated by adequate signs so as to be clearly visible; (I) "school bus" means a motor vehicle used for convey­ ance of children to or from school by or under a con­ tract with the authority in charge of the school; (m) "sidewalk" means the portion of a highway between the curb lines or lateral lines of a roadway and the adjacent property lines intended for use of pedestrians; (n) "stop" or "stand" means (

i) when required, a complete cessation from move­ ment; and (ii) when prohibited, the stopping or standing of a vehicle, whether occupied or not,' except when necessary to avoid conflict with other traffic or in compliance with the directions of a traffic officer or traffic control device; (0) "territorial highway" means a highway within the Territory that is not under the jurisdiction of a muni­ Cipality and is not privately owned; (p) "through-highway" means a highway or part of a highway at the entances to which stop signs are erect­ ed under this Ordinance; (q) "traffic" includes pedestrians, ridden or herded animals, vehicles and other conveyances, either singly or to­ gether, while using a highway for purposes of travel; (r) "traffic control device" means a sign, signal, marking or device not inconsistent with this Part placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning or guiding traffic; (s) "traffic control signal" means a device, whether manual­ Iy, electrically or mechanically operated, by which traffic is directed to stop and to proceed; and 30

MOTOR VEHICLES (t) "traffic officer" means a person lawfully authorized to direct or regulate traffic or to make arrests for viola­ tions of traffic regulations. APPLICATION 63. Unless the context otherwise requires, (

a) the provisions of this. Part relating to the operation of vehicles refer only to the operation of vehicles upon a highway; (

b) the provisions of this Part do not apply to persons, vehicles and other equipment while actually engaged in highway construction or maintenance work upon, under or over the surface of a highway while at the site of the work, but do apply to them when travelling to or from the site of the work; and (

c) a person riding an animal or driving an animal-drawn vehicle upon a highway has all the rights and is sub­ ject to all the duties that a driver of a vehicle has under this Part. 64.

(1) Notwithstanding anything in this Part, but sub­ ject to subsections (2) and (3), a driver of an emergency vehicle, when responding to, but not when returning from, an emergency call or alarm or when in pursuit of an actual or suspected violator of the law may (

a) exceed the speed limit; (

b) proceed past a red traffic control signal or stop sign without stopping; (

c) disregard rules and traffic control devices governing direction of movement or turning in specified direc­ tions; and (

d) stop or stand.

(2) The driver of an emergency vehicle shall not exercise the privileges granted by subsection (1) unless he is sounding an audible signal by bell, siren or exhaust whistle and is showing a flashing red light. 31 CHAP. I "Traffic officer". Provisions apply only to vehicles on highway. Riding animals on highway. Emergency vehicles.

CHAP. 1 Traffic officer may direct traRk, IJI'l\'er to obe)· t,·aRic control devicl", Rut.::> as tu traffic cnntrnl s.ign:tls. MOTOR VEHICLES

(3) The driver of an emergency vehicle exercising any of the privileges granted by subsection (1) shall drive with due regard for safety having regard to all the circumstances of the case, including (

a) the nature, condition and. use of the highway; (I.» the amount of traffic that is on or might reasonably be expected to be on the. highway; and (

c) the nature of the use being made of the emergency vehicle at the time. 65. Where a traffic officer reasonably considers it neces­ sary, (

a) tu ensure orderly movement of traffic; (

b) to prevent injury or damage to persons or property; or (

c) to permit proper action in an emergency, he may direct traffic according to his d·iscretion, notwith­ standing anything in this Part, and every person shall obey his directions. TRAFFIC CONTROL DEVICES AND SIGNALS 66. Except when otherwise directed by a traffic officer, a driver of a vehicle shall obey the instructions of an applicable traffic control device. 67.

(1) Drivers of vehicles and pedestrians shall obey the instructions of an official traffic control signal in accordance with the provisions of this section, unless directed to do otherwise by a traffic officer.

(2) When a green or "go" traffic control signal is shown a t an intersection, (

a) the driver of. a vehicle approaching the. intersection and facing the traffic .control signal (

i) may proceed across the intersection ·or turn left or right subject to a sign or. notice prohibiting cl 32

MOTOR VEHICLES left or right turn or both that IS posted at the intersection, and (ii) shall yield the right of way, if turning left or right, . to other vehicles and pedestrians lawfully within the intersection or within an adjacent cross­ walk at the time the signal is shown; (

b) a pedestrian approaching the intersection and facing the traffic control signal may proceed across the inter­

section or cross the intersection in the crosswalk pro­ vided, if any, subject to any pedestrian control signal directing him otherwise; and (

c) a pedestrian proceeding across the intersection j_ crossing the intersection in the crosswalk provided, if any, has a right of way over all vehicles turning into the crosswalk he is using or into his line of passage across the intersection.

(3) When a yellow or amber traffic control signal is shown at an intersection following a green or "go" signal, (

a) the driver of a vehicle approaching the intersection and facing the yellow or amber traffic control signal shall stop his vehicle immediately before entering the intersection or' the nearest crosswalk, if any, in the intersection unless a stop cannot be made in safety; and (

b) a pedestrian (

i) if intending to cross the intersection in the direc­ tion of the yellow or amber traffic control signal shall not commence to cross the intersection until a pedestrian or traffic control signal permitting him to enter the intersection is shown, and (ii) if proceeding across the intersection and facing a yellow ,or amber traffic control ,signal displayed after he entered the intersection (

A) shall proceed to the sidewalk as quickly as , possible, and 33 CHAP. 1

CHAP. 1 MOTOR VEHICLES (

B) has a right of way for that purpose over all vehicles in the intersection.

(4) When a red or "stop" traffic control signal is shown at an intersection following a yellow or amber traffic control signal, (

a) the driver of a vehicle approaching the intersection and facing the red or "stop" traffic control signal (

i) shall stop his vehicle immediately before entering the intersection or the nearest crosswalk, if any, in the intersection, and (ii) shall not proceed until a traffic control signal per­ mitting the movement of his vehicle in the inter­

section is shown; and (

b) a pedestrian (

i) if approaching the intersection and facing the red or "stop" traffic control signal, or (ii) if intending to cross the highway in the direction of the red or "stop" traffic control signal, shall not commence to cross the intersection until a pedestrian or a traffic control signal permitting him to enter the intersection is shown.

(5) When a red flashing traffic control signal is shown at an intersection, (

a) the drivel' of a vehicle approaching the intersection and facing the traffic control signal (

i) shall stop his vehicle immediately before entering the intersection or the nearest crosswalk, if any, at the intersection, and (ii) may, after stopping, enter or cross the intersec­ tion only if traffic conditions in the intersection or the crosswalk, if any, are such that the vehicle can enter and cross the intersection with safety; and (

b) a pedestrian facing the traffic control signal may pro­ ceed across the intersection with caution. 34

MOTOR VEHICLES

(6) When a yellow or amber flashing traffic control- signal is shown at an intersection, (

a) the driver of a vehicle approaching the intersection and facing the traffic control signal (

i) may enter the intersection only with caution, and (ii) shall yield the right of way to all vehicles and pedestrians within the intersection; and (

b) a pedestrian facing the traffic control signal may pro­ ceed across the intersection with caution. 68. No person shall erect or maintain upon or in view of a highway a device that purports to be, resembles or inter­ feres with the effectiveness of a traffic control device, unless he is authorized to do so by a traffic authority. 69. No person shall place or maintain commercial adver­ tising upon a traffic control device. CHAP. 1 No person can erect a device that resembles a traffic con· trol device. Commercia.l advertising. 70.

Except with lawful authority, no person shall alter, Alterins-or destroYIng injure or remove or attempt to alter, injure or remove a traffic signs. traffic control device or any part thereof. ACCIDENTS 71.

(1) Where an accident occurs on a highway, every person who was in charge of a vehicle and was directly or indirectly a party to the accident shall (a) ~:emain at or immediately return to the scene of the accident; (

b) render all reasonable assistance to any person involved in the accident; and (

c) give in writing upon request to anyone sustaining loss or injury or to any traffic officer or to any witness his name and address, the name and address of the regis­ tered owner of the vehicle, the number of the driver's licence, and· the registration number Of the motor vehicle. 35 Person in charge of vehicle to remain at scene of accident, etc.

CH"". 1 Writt~n nport required. lnvestigating officer to make a report to Commis­ sioner. MOTOR VEHICLES (2) ,Where an accident results in damage to an unattended vehicle or to property upon or adjacent to a highway, the driver of every vehicle involved in the accident shall take reasonable step~ to locate and notify the owner of, or a person who has a right to control, the unattended vehicle or the property of the circumstances of the accident, and give to him the name and address of the driver, the registration num­ ber of the vehicle and the number of the driver's licence. 72.

(1) Subject to subsection (2), where an accident re­ sults in injury or death to a person or in· property damage to an apparent extent of one hundred dollars or more, the driver shall forthwith make a written report, in the form prescribed by the Commissioner to the nearest detachment of the Royal Canadian Mounted Police.

(2) Where 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) Where no report has been made under subsections (1) or (2) and the driver or occupant is not the owner of the vehicle, the owner shall forthwith after learning of the acci­ dent make the repor·t.

(4) Where the driver is alone, is the owner, and is in­ capable of making the report required by subsection (1), he shall make the report forthwith after becoming capable of making it. 73.

(1) A member of the Royal Canadian Mounted Polic!! or a traffic officer who has witnessed or investigated an accident shall" forthwith forward to the Commissioner a writ­ ten report in the form prescribed by the Registrar setting forth full particulars of the accident including the names and addresses of the persons involved and the extent of the personal injuries or property damage.

(2) Where a report has been made under

section 71, 72 or this section, the Commissioner may require the driver involv­ ed or a traffic officer or person having knowledge of the accident to furnish additional information or to make a supplementary report. 36

MOTOR VEHICLES . 74.

(1) Where a motor vehicle that shows evidence of having been involved in a serious accident or having been struck by a bullet is brought into a public garage, parking station, parking lot, used-car lot or repair shop, the person in charge of the place into which the vehicle is brought shall forthwith report that fact to the nearest detachment of the Royal Canadian Mounted Police, giving the name and address uf the owner or operator and also the registration number and a description of the vehicle.

(2) A coroner or other official performing like functions, ,vho investigates or holds an inquest or inquiry respecting the death of a person from an accident in which a vehicle was involved, shall immediately, upon the conclusion of his in­ vestigation, inquest or inquiry, make a written report to the Commissioner giving the time and place of the accident, the name of the person killed, and the name and address of the driver of the vehicle involved.

(3) Where an insurance company receives a claim under a motor vehicle liability policy in respect of personal in­ juries or property damage exceeding one hundred dollars, the company shall forthwith notify the Commissioner and shall furnish him such information as he may require. 75.

(1) A written report or statement made or furnished under

section 71, 72, 73 or 74 (

a) is not open to public inspection; (

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

i) compliance with this section, or (ii) falsity in a prosecution for making a false state­ ment in the report or statement; but the Commissioner shall, on the request of a person in­ volved in the accident, his solicitor, or agent disclose to him the names and addresses of persons referred to in the report or statement.

(2) No person shall make a false statement in a report made or purporting to be made under

section 71, 72, 73, or 74. 37 CHAP. 1 nrport by owner of a r~pair shop, t'tc. Coron~r's report. Dutyo! iasurance compani('s to rt"port to Commissiuner. /(tl'ort. to b. IJri\Oilroged.

CHAP. I Duly 10 dri,'c with care. PUSOD deemed to be c..Irh·ing wilhoul uue care and atte-ntion. DriviDB so a. Co impede traffic. MOTOR VEHICLES

(3) In a prosecution for violation of

section 71, 72, 73, or 74, a certificate purporting to be signed by the Commissioner or person authoriz'ed by him that any report therein . required has or has not been made IS prima facit proof of the facts stated in the certificate. . . .

(4) In a prosecution for' failure to make a report required by

section 71, 72, 73 or 74 in respect of an accident, the place of the offence shall be deemed' to be the place where the accident occurred. Sf,EED ~ESTRI0'IONS ·76.· (

I) No' person shaIl drive a vehicle without due care and attention or without reasonable consideration for other persons.

(2) A person is prima facie deemed 'to be driving without reasonable consideration for other persons when he is driv­ ing at a greater ·rate of speed than (a).;thirty miles anhciur within a municipality or settle­ : ment;· or (

b) the maximum rate designated by signs erected along the highway :under·sections .t51 and 155.' .

(3) A person, when driving on a highway where there are no signs designating a ·maximum speed is deemed to ·be (Iriving without reasonable consideration for other persons when he is driving a truck. at' a greater' rate of speed than fifty miles an hour or when .driving any other motor vehicle a t a greater rate of speed than sixty miles an hour. 77. (

I) No person shall drive a .motor vehicle at such a slow speed as to impede or ·block the normal and reason­ able now of traffic, except when it is necessary to do so for safe operatiOli or to comply with this Part: . (2) \-\There thc·driver:of a motor vehicle is driving at sllch a slow speed that he is impeding or blocking the normal and reasonable movement of traffic, a traffic officer may require him to increase his rate of speed o'r to remove the vehicle from the highway .. '

MOTOR VEHICLES DRIVING ON RIGHT SIDE OF ROADWAY OVERTAKING AND PASSING 78.

(1) A driver shall drive a vehicle upon the right-hand. half of the travelled portion of the highway, if the highway is of sufficient width and it is practicable to do so, except (

a) when overtaking and passing another vehicle proceed­ ing in the same direction; (

b) whcn the right-hand half of the highway is dosed to tralllc while under construction or repair; or (

c) upon a highway designated and marked by signs for onc-way traffic.

(2) A driver who is proceeding at less than the normal speed of traffic at the time and place and under the condi­ tions then existing shaH drive in the right-hand lane then available for traffic, or as close as practicable to the right­ hand curb or edge of the roadway, except when overtaking ;md passing another vehicle proceeding in the same direction or when preparing for a left-hand turn at an intersection or into a private road or driveway.

(3) A driver, whcn passing around a rotary traffic island. shalf drive to the right of the· isla~d. 79 ... The follqwing provisions apply to a driver who IS driviilg a vehiclp. on a laned roadway, namely, (

a) he ·may drive from one lane to another where one or more broken lines only exist hetween lalles: (

h) except as provided in clause (c), he shall not drive from one lane to another where such action necessitates the crossing of a solid line; (

c) when a solid line and a broken line exist together, he may, with extra caution, cross the solid· line from the lane in which the broken line is located, and rc-cross; (

d) he shaH not drive from one lane to another on the same side of the ·centrc line of the roadway, without 39 CHA". 1 Duty 10 drive on rish!. Rule. "hen driving ou alaned road,,·ay.

CHAP. 1 DUlY 10 keep 10 rilfht on meetIng a moving vehicle. MOTOR VEHICLES first signalling his intention to do so by hand and arm or approved mechanical device, in the manner prescribed by sections 93 and 94; (

e) when approaching an intersection intending to turn left he shaH travel in the centre lane or in the lane nearest the centre of the roadway on the right-hand half of the highway; (

f) when approaching an intersection intending to turn right he shall travel in the lane nearest to the right­ hand side of the road,,;ay and may pass another vehicle traveHing in the same direction 111 a lane to his left: (

g) he shall nDtuse the centre lane of a three-lane road­ way except when passing another vehicle proceeding in the same direction or when approaching an inter· .

section where he intends to turn to the left; ·(

h) when overtaking another vehicle that is travelling in the same direction in a place where there are two lanes on the same side of the centre line for vehicles travel­ ling in that direction, he shall·in passing keep to the . left of the other vehicle arid to the right of the centre line; (i)· where a tr:;tffic cqntrol· device· directs slow-moving traffic to use a designated lane, when driving slowly he shall use that lane only; (

j) when being overtaken by another ,rehicle travelling in the same direction he shall allow that vehicle to pass and shall travel in the lane nearest to the right-hand side of the roadway or in a manner that allows the overtaking vehicle free passage in the centre lane or in the lane nearest to the centre of the roadway. 80.

(1) The driver of a vehicle shall keep to his right when he is meeting another vehicle that is moving.

(2) The driver of a vehicle upon a highway that has a width for only one line of traffic in each direction shall, when meeting another vehicle that is moving, give to the other vehicle at least onc-half of· the main travelled portion of the highway as nearly as possible. 4·0

MOTOR VEHICLES CHAP. 1 81. (

I) Except as provided in

section 82, a driver over- Onrtakin&,. taking another vehicle. (

a) shall sound an audible signal; (

b) shall pass to its left at a safe distance; and (

c) shall not return to the right side of the highway until safely clear of the overtaken vehicle.

(2) Except when overtaking and passing on the right IS permitted, a driver of an overtaken vehicle, (

a) upon hearing the audible signal, shall give way to the right in favour of the overtaking vehicle; and (

b) shall not increase the speed of his vehicle until com­ pletely passed by the overtaking vehicle. 82.

(1) A driver shall not overtake and pass upon the right of another vehicle except (

a) when the vehicle overtaken is making a left turn or its driver has signalled his in'tention to make a left turn: (

b) when on a laned roadway there are two or more unob­ structed lanes on the side of the roadway on which he is permitted to drive; or (

c) upon a onc-way street. or upon a highway on which traffic is restricted to onc direction of movement, where the roadway -is free from obstructions and is of sufficient width for three or more lines of moving vehicles.

(2) Notwithstanding subsection (1). no dri\'cr shall over­ -take and pass another vehicle upon the right, (

a) when the movement cannot be made safely; or (

b) by driving off the roadway. 83, No driver shall drive to the left side in overtaking and passing another vehicle unless the left side of the highway 41 Passin&' anc1 o'Yrrtakinl· Dri""inJ{ on I.ft whi!. passing.

CHAP. 1 Way IIIU" be clear before flrivillg 011 h!1t. l.lnver to obey .ignals. I'O driver to lollow 3Dothrr vehicle too c!os<ly. MOTOR VEHICLES is clearly visiblc and frcc of oncoming traffic for a sufficient uistance ahcad to permit overtaking and passing to be com­ pletely made without interfering ~ith the safe operation of another vehicle. 84. No uriver shall drive to or upon the left side of the highway, other than ,a one-way highway, when he has not a clear view of the highway fora safe distance having regard for all the circum'stances. ' , 85. (

I) Where all or a portion of a highway has been marked by a sign as a zone in which passing is prohibited or a ;wne, limited to llriving :on the right-hand side' of the road­ way, a driver shall obey the instructions 'on the sign.

(2) Where the Commissioner or' a traffic authority has de­ signated and marked by signs a highway' for one~way traffic, a driver on that highway shall drive only In the direction designated. 86.

(1) No driver shall follow another vehicle more close­ ly thail is reasonable and prudent, liaving due regard for the ~pecd of the' vehicles; and the amount and nature of traffic upon and the condition of the highway. , '. .

(2) Where a truck or a motor vehicle that is drawing another vehicle (in this subsection called the "following vehicle") is following a truck or a motor vehicle drawing another vehicle (in this subsection called the "leading­ vehicle") outside a business or residence district, the driver of the following vehicle, unless he interids to overtake and pa~~ the leading vehicle, ~hall, if conditions, permit, leave ~ufficient space (in any event not less than 200 feet) be­ t ween his vehicle and the .Ieading vehicle so .that a "ehicle overtaking the following vehicle may enter and occupy that space without danger. A'"

(3) The driver of a motor vehicle in a caravan or motor­ l';ule, other than a funeral procession, outside a business or residence district, shall leave sufficient space between his "chidc and anothcr vehicle or combination of vehicles to en­ ahlc a ~'chiclc to enter and occupy that space without danger. 42

MOTOR VEHICLES 87. Where a. highway has been divided into two roadways by an intervening space or a physical barrier or clearly in­ dicated dividing

section constructed' so that it impedes vehicular traffic, no drive.r shall drive a vehicle over, across ur within the intervening space, barrier or dividing section, except at. a crossover of intersection established by a traffic authority. 88.

(1) Where on a controlled access highway there is a sign indicating a location at which vehicles are permitted to enter, no person shall drive a vehicle onto the highway except at that location'.

(2) Where on a controlled access highway there is a sign indicating a location at which vehicles are permitted to leave, no person shall drive from the highway except at that location. TURNING, STARTING AND SIGNALS CHAP. 11 Hi",hways divIded by a space or bnrrier. Colltrolled acce951 highway. 89.

(1) When a driver intends to turn right at an inter- TllrD~.

section he shaH approach the intersection and make the turn as close as practicable to the right-hand curb or edge of the roadway.

(2) When a driver intends to turn left at an intersection where traffic is permitted to move .in both directions on each highway entering the intersection. he shall (

a) approach the intersection in the portion of the right half of the highway that is nearest its centre line; (

b) keep to the right of the centre line at the place where it enters the intersection; (

c) after entering the intersection, make a left turn so asto leave the intersection at a point to the right of the centre of the' highway being entered; and (

d) when practicable make the left turn in the portion of the intersection to the left of the centre oC the intersection. (3) \VhclI a, driver intends'to turn left at'an'intersection where traffic is restricted to" on"e direction on one or' more 4;)

U-turl1s. Mo\-ing ,'chicJe., Turl1iDg at interSt:C"lioDs. etc, MOTOR VEHICLES of the highways, he shall approach the intersection m the extreme left-hand lane available to traffic moving in the direction of travel of the vehicle, and after entering the intersection he shall make the left turn so as to leave the intersection as nearly as practicable in the left-hand lane available to traffic' moving in its permitted ,direction upon the highway being entered. (4) \\There at an intersection there is a traffic control de­ vice indicating the course to be travelled by drivers turning at the intersection, no driver shaH turn a vehicle at the inter­

section in a manner other than as directed by the traffic control device. 90. No driver shall turn a vehicle so as to proceed m the opposi te di rection (

a) unless he can do so without interfering with other traffic; or (

b) when he is driving (

i) upon a curve, (ii) upon an approach to or near the crest of a grade ,,,here the vehicle cannot be seen by the driver of another vehide approac,hing' from either direc­ . tion within five hundred feet, or (iii) at a place where a sign prohibits making a U-turn. 91. No person shall cause a vehicle to move unless and until the movement can be made with reasonable safety. 92. (

I) No person shall turn a vehicle at an intersection unless the vehicle is in the position upon the highway re­ quired by

section 89.

(2) No person shall turn a vehicle .to enter a private road or driyeway, or otherwise turn a vehicle from a direct course, or move right or left upon a highway, unless and until the movement can be made with reasonable safety. (3) \\There traffic may be affected by turning a vehicle no person shall turn a vehicle without giving the appropriate signal under sections 93' and 94. 44

MOTOR VEHICLES

(4) Where a signal of intention to turn right or left is required, a driver shall give the signal continuously for sufficient distance before making the turn to warn traffic. (5) \,yhen there is an opportunity to give a signal, no driver shall stop or suddenly decrease the speed of a vehicle with­ out first giving the appropriate signal under sections 93 and 94. CHAp. I 93.

(1) Subject to subsection (2), where a signal IS re- Signals. qui red a driver shall give it by means of (

a) his hand and arm, (

h) a signal lamp of a type that has been approved by the Commissioner, or (

c) a mechanical device of a type that has been approved by the Commissioner.

(2) When a vehicle is constructed or loaded in a manner that makes a signal by hand and arm not visible both to its front and rear, a driver shall give signals as provided by clause (

b) or (

c) of subsection (1). 94. (]) When a driver of a left-hand drive vehicle gives a signal by hand and arm he shall do so from the left side and sha 11 sign ify (

a) a left turn, hy extending his left hand and arm hori­ zontally from the vehicle; (

b) a right turn, by extending his left hand and arm out ami upward from the vehicle; and (

c) a ·stop or decrease in speed, by extending his leit hand and arm out and downward from the vehicle.

(2) No person shall drive a right-hand drive vehicle upon a highway unless (

a) the vehicle is equipped with a mechanical or electrical device that has been approved by the Commissioner·; Or 45 Left·han;1 drive vC'hicl~9. ., .

CHAP. 1 MOTOR VEHICLES Whtr< uo .ign6 ,·thiclt on right to havt right of way. Dri"cr turning Itlt at intersec~ lioDS to approaching traffic. Enttring a through· highway. Emtrging from an aUty drivt· wayar building. (

b) there is prominently displayed on the rear of the vehicle in bold face letters not less than two inches in height and of a color contrasting with that of the vehicle the words "Right-Hand Drive Vehicle." RIGHT OF WAY 95. Except as provided in

section 97, where two vehicles approach or enter an intersection from different highways at approximately the same time and there are no "Yield Right of Way" signs, a driver shall yield the right of way to the vehic-.Ie that is on his right, but where there is a "Yield Right of Way" sign, the driver facing the sign shall yield the righ t of way to all other traffic. 96.

V/hen a driver is within an intersection and intends to turn left he shall yield the right of way to traffic that is approaching from the opposite direction and is within the intersection or so close that it constitutes an immediate hazard, but having yielded and given a signal as required by sections 93 and 94, the driver may make a left turn and traffic approaching the intersection from the opposite direc­ tion shall yield the right of way to the vehicle making the left turn. 97.

(1) Where a driver who is about to enter a through­ highway has stopped in compliance with

section 109, (

a) he shall yield the right of way to traffic that has entered the intersection upon the through-highway or is approaching so closely thereon that it constitutes an immediate hazard; and (

b) having yielded he may proceed with caution.

(2) Where a driver is entering a through-highway in com­ pliance with subsection (1), traffic approaching t~e inter­

section on the highway shall yield the right of way to the entering vehicle while it is proceeding into or across the highway. 98.

(1) When a driver, within a business or residence district, is emerging from an alley, driveway or building he shall stop the vehicle immediately before driving onto the 46

MOTOR VEHICLES sldcwalk or onto the sidewalk area extending across an alley­ way or private driveway and he shall yield the right of way to a pedestrian on the sidewalk or side walk area.

(2) When a driver is about to enter or cross a highway frum a private road, aIley, building, driveway or lane, he shaIl yield the right of way to traffic approaching on the high­ way so closely that it constitutes an immediate hazard. 99.

Upon the immediate approach of an emergency vehicle giving an audible signal by a beIl, siren or exhaust whistle, and showing a visible flashing red light, except when other­ wise directed by a traffic officer, a driver shall yield the right of way and shaIl immediately drive to a position paraIlel to and as close as possible to the right-hand edge or curb of the roadway, clear of an intersection, and shaIl stop and remain in that position until the emergency vehicle has passed. PEDESTRIANS' RIGHTS AND DUTIES 100.

Except when a traffic authority has otherwise order­ ed, where traffic control signals are operating at an inter­ section, pedestrians shaIl comply with them in the manner provided in

section 67. 101.

(1) Subject to

section 102, where traffic control signals arc not in place or not in operation when Cl pedestrian is crossing the highway within a crosswalk and the pedes­ trian is upon the hali of the highway upon which the vehicle i~ travelling or is approaching so closcly from the other half of the highway that he is in danger, a driver shall yield the right of way to the pedestrian.

(2) No pedestrian shaIl leave a curb or other place of safety and walk or run into the path of a vehicle that IS so close that it is impracticable for the driver to yield. (3) \Vhere a vehicle is stopped at a marked crosswalk or at an intersection to permit a pedestrian to cross the highway, no driver approaching from the rear shall overtake and pass the stopped vehicle. 47 CIIAP. 1 DuI, 10.lop v.hlck wh.1I h.aring emergtncy 'ignal. rf'(lestrians ::i;:';'ial~c control devic ••. p.d.slriao. to ha ... riKhl 0/ .. ay.

CH.~I'. I nri\'('r to ha\'e Tight or way. Drh'er to use due MOTOR VEHICLES 102. When a pedestrian is crossing a highway at a point other than within a marked crosswalk or within an inter­ section, he shall yield the right of way to a driver. 103. )Jotwithstanding sections 100, 101 and 102, a driver c;lre. shaH Pede~tri3n to walk on roadway Op ... ator nl bicycle has same ri(lhts and dutIes as driver of a vehicle. (

a) exercise due care to avoid colliding with a pedestrian who is lIpon the highway; (

b) gIve warning by sounding the horn when necessary; and (t» ohserve proper precaution lIpon observing a child or an apparently confused or incapacitated person who is lIpon the highway. 104. (

I) Where there is a sidewalk that is reasonably passable on either or both sides of a highway, a pedestrit1l1 shall not walk on a roadway. (2) 'Vhere there is no sidewalk, a pedestrian walking along or upon a highway shall, when practicable, walk only on tht! left side of the roadway or the shoulder of the highway fac­ ing traffic approaching from the opposite direction. (3) ~o person shall be on a highway for the purposes of soliciting a ride from a driver. BICYCLES AND PLAY VEHICLES 10S. (

I) Except as provided in this section, a person operating a bicycle upon a highway has the same rights and duties as a driver of a vehicle.

(2) A person who is operating a bicycle shall comply with the following provisions. namely, (

a) he ~haIl not ride on a sidewalk; (

b) sub.ject tn paragraph (a), he shall ride as near as practicable to the right-hand side of the highway; (

c) he shaH not ride abreast of: any .other person who IS operating a bicycle upon the highway;"· 48

MOTOR VEHICLES (

d) he shall keep at least one hand on the handle bars; (

e) he shall not ride other than upon or astride a regular seat of. the bicycle; (

f) he shall not use the bicycle to carry more persons at one time than the number for which it is designed and equipped; and (

g) he shall not rid.e a bicycle on any highway where signs prohibit their use . .

(3) No person who .is operating a bicycle shall ride it upon a highway i'f there is a usable path intended for the use of bicycle~ adJ,acent. to the highway. (4)' 'No person' shall ride a bicycle, coaster, roller skates', sled or piay ~ehi~le' when it is attached to' a vehicle upon a highway. SPECIAL STOPS 106. (

l) When a, driver .is approachinga railway crossing a't' a time \vhen (

a) a clearly visible electrical or mechanical signal device . gives w'aming of the approach of a raihvay train; (IJ) a crossing gate is lowered or a flagman is giving a signal of the approac~ or passage of a railway train'; or (

c) a railway train in dangerous proximity to a crossing is approaching the crossing and emits an audible signal or is visible, he sh.all stop the vehicle not less than fifteen feet from the nearest rail of the raiiway, and shall not proceed until he can do so safely.

(2) No person sh.all drive a vehicle through, around, 01' under a crossing gate or barrier at a railway crossing while the gate or barrier'is dosed or is being opened or closed: 107. ,\Vhere a stop has been erected at a railway crossing, a driver shall stop nO'ttess than fifteen feet from the nearest 49 CHAP. 1 Hailway c.rossing. Stop signs at railway crossing.

CHAP. 1 Vehicles Tc-quin:d 10 slOP at railway crossiugs. MOTOR VEHICLES rail of the railway ancl shall not proceed until he can do so safely. 108.

(1) Except as provided in subsections (3) and (4), a driver of (

a) a vehicle carrymg passengers for hire; (

b) a school Ims carrying a child; or (

c) a \'ehide carrying explosive substances or inflammable liquids as cargo shall, before crossing a track of a-railway, ·stop the vehicle not kss than fifteen feet from the nearest rail and remain­ ing stopped, shall listen and look in both directions along the track for an approaching train and for signals indicating approach of a train, and shall not proceed until he can do so safely.

(2) Except as provided in subsection (4), where a driver has stopped and is proceeding as required in subsection (I), he shall cross the railway track in a gear that he will not need to change while crossing the track, and he shall not shift gears while crossing. (3) Subsection (1) does not apply where a traffic officer or traffic control device directs traffic to proceed. (4) Subsections (1) and (2) do not apply to industrial spur railway crossings within a business district. Sloppingal 109. Except when a traffic officer directs otherwise, where intersectiOlIS. there is a stop sign at an intersection, a driver of a vehicle shall stop (

a) whell there IS no crosswalk, at a clearly marked stop line; (

b) before entering the crosswalk marked out by lines. 011 the near side of the intersection; or (

c) when there is neither a marked out crosswalk nor a stop line, at the point nearest the intersecting highway from which the driver has a view of approaching traffic on the intersecting highway. so

MOTOR VEHICLES SCHOOL VEHICLES 110. Where a bus, van or other school vehicle operated for the transportation of school children that is clearly marked as such has stopped to receive or discharge pas­ sengers, no driver shall overtake and pass such bus, van or other school vehicle. PARKING AND LEAVING VEHICLES CHAP. 1 Not lOtass stol'pe school bus. 111.

(1) Subject to subsection (3), where outside of a ~el~f~~s,r business or residence district it is prac, ticable to stop, park roadway where possible. or leave a vehicle off the roadway, no person shall stop, park or leave the vehicle either unattended or attended on the roadway.

(2) Subject to subsection (3), no person shall park a vehicle so as to obstruct the free passage of traffic on the highway. (3) Subsections (1) and (2) do not apply when a vehicle is so disabled that it is not practicable to avoid stopping and temporarily leaving it on the highway. 112.

(1) Where a vehicle is standing or parked (

a) In violation of

section 111; (

b) in a position that causes it to interfere with removal of snow from a highway by a person authorized to do so by the Commissioner or a municipality; or (

c) in a position that causes it to interfere with fire fight­ ing. a traffic officer may move the vehicle or require the driver or person in charge of the vehicle to move it to a position determined by the traffic officer.

(2) When an unattended vehicle is (

a) parked in violation of

section 111 or 114; (

b) apparently abandoned on or near a highway; or (

c) a motor vehicle, without proper registration plates, a traffic officer may take the vehicle into his custody and cause it to be taken to and stored in a safe and otherwise imitable place. 51 Traffic officer has right to move vehic:le.

CHAP. 1 {'arking re-strict ions. MOTOR VEHICLES

(3) All costs and charges incurred·in moving and storing a vehicle under subsection (1) and (2) are a lien on. the vehicle and may be recovered by the person who did the moving or storing under the provisions of the Merh411ics Lien Ordinanre as though the costs and charges were a lien u~der

section 31 of that Ordinance. 113. (

I) Except when necessary to avoid conflict with traffic or to comply with the law or the ·directions of a traffic ofliccr or traffic control device, no person shall stop, stand, or park a vehicle (

a) on a sidewalk; (

b) in front of a public or private driveway; (

c) within an intersection; (

d) within fifteen feet of a fire hydrant; (

e) on a crosswalk; (

f) within twenty feet· of" the approach side of a cross­ walk; (g-) (

h) within thirty feet upon the approach to any flashing beacon, stop sign, or traffic control signal loc~ted at the.· side 0f· roadway; f)ctwe~ila safety zone and the adjacent curb or within thirty f~ct" of ·poi·nts ~nthe curb immediate·IY ·opposite the ends of. a safety zone, unless a traffic auth.ority indicates a different length by signs or .markings ; (

i) within .one hundred feet of the nearest r.ail ofa rail­ way crossing: Ci) within twentv feet of a dri,"cway entrance to a fire station; or on" th~ side of a street opposite· the entrance to. a fire station within one hundred feet o~. the en­ trance when properly marked wi·th signs: (I\:) ·alongside· or opposite a street. excavation or obstruc­ . 60n' when stopping, staliding, or parking obstructs traffic; 52

MOTOR VEHICLES (

I) on the roadway side of a vehicle stopped or parked at the edge or curb of a street; (

m) upon a bridge or other elevated structure upon a high­ way, or within a highway tunnel; or (

n) in a place in contravention of a traffic control device that gives notice that stopping, standing or parking is there prohibited or restricted.

(2) No person shall move a vehicle that is not lawfully under his control into any of the places mentioned in sub­ section (1). 114. Except when a traffic authority otherwise permits, a driver shall not stop, stand or park a vehicle other than on the right hand side of a highway and with the right hand wheels parallel to that side, and where there is a curb, within eighteen inches of the curb. PROHIBITIONS AND MISCELLANEOUS RULES CHAP. 1 Parking at right hand side of road. 115.

No driver shall permit a motor vehicle to stand un- Prohibitions. attended or park without first having effectively. set the brakes and, when standing on a grade, having turned the front wheels to the curb or side of the highway. 116. No driver shall back a vehicle unless the movement Backing a vehicle. can be made with reasonable safety and without interfering with traffic. 117.

(1) A person who is operating a motorcycle shall ride Motorcycle •. only upon the regular seat attached to it.

(2) No person, other than the operator, shall ride on a motorcycle unless (

a) it is designed and equipped to carry more than one person; and (

b) he rides on a seat attached to the motorcycle and designed to carry a passenger.

(3) No person who is operating a motorcycle shall permit another person to ride on it in violation of subsection (2). S3

CHAP. 1 Duty not to nlove :J. vehicle when vision~i.s obstructed. Tr"velling on narrow roads. Down grade. Following an enlergency . vehicle. Driving over fire hose. Throwing gl".s on roat..Js. MOTOR VEHICLES 118. (

I) No person shall cause a vehicle to move on a highway if . (

a) the cqntrol of the driver over the driving mechanism of the vehicle; or (

b) the view of the driver to the front or sides of the vehicle is obstructed or interfered with by reason of the load or the number of persons in the front seat.

(2) A passenger in a vehicle shall not occupy a position in it that interferes with the driver's view ahead or' with his control over the driving mechanism of the vehicle. 119. \Vhen. travelling through defiles or canyons or on mountain highways, the driver of a motor vehicle shall hold the motor vehicle under control and as near the right­ hand edge of the highway as reasonably possible and, upon approaching a curve where the view is obstructed within a distance of two hundred feet along the highway, shall give audible warning with the horn of the motor vehicle. 120. \-Vhen travelling down grade a driver shall not coast with' the gears of the vehicle in neutral or the clutch dis­ engaged. 121.

A driver other than that of an emergency vehicle shall not follow fire apparatus closer than five huridred feet or drive or park within five hundred feet of the place on the same street on which the fire apparatus has stopped in answer to a fire alarm. 122. Unless he has received consent of the fire depa rt­ l11ent official in command, a person shall not drive a .vehicle over an unprotected hose of a fire department when laid down 011 a street, private driveway at a fire or an alarm of fire. 123.

(1) No person shall throw or deposit upon a high­ way a glass bottle. glass, nails. tacks, wire, cans or other substance or' thing likely to injure a person. anill1al or "ehicle.

(2) A person who drops or throws upon a highway a sub­ stance or thing likely to injure a person or animal or vehicle shall immediately remove it or. cause it to be removed. 54

MOTOR VEHICLES

(3) A person who removes a wrecked or damaged vehicle: from a highway shall remove glass or other injurious suu­ stance or thing dropped upon the highway from the vehicle. 124. Except when entering or leaving a driveway or lane or when entering upon or leaving land adjacent to a high­ way, a driver shall not drive upon a sidewalk. ·125. No person shall use, interfere or tamper with any motor vehicle or any of its accessories, or any thing placed therein or thereon, without the consent of the owner. C1·IAP. 1 No driving. on sidewalks. Xot to use, etc., without owner's cons~nt. 126.

No person shall operate a motor vehicle on a high- ~e~\c~~s way unless all of the. requirement~ of this Ordinance with properly equipped. respect to equipment are complied with. 127. No person shall race, drive furiously or drive· on a bet or ,vager any animal or vehicle upon a highway. . . 128. Every motor vehicle or trailer shall be. loaded in such, a manner that no portion of the load may become dislodged or fall fI:om ·the motor vehicle or trailer during transit .. No racing etc. 129.

(1) No driver shall refuse or fail when requested or signalled to stop by uniform. to stop his vehicle Stopping when re- a. traffic officer in ~ffi~:~.d by

(2) No person who is stopped by a traffic officer under subsection (1) shall refuse or fail to answer all rea~onable inquiries made of .him by the traffic officer.

(3) No person who is stopped by a traffic officer under this

section shall start his vehicle until he is permitted to do' so by the officer. 130. No person shall tear down, deface, injure or other­ wise molest a sign or notice erected or posted up under law~ ful authority for the purpose of guiding or warning persons operating vehicles, pedestrians or others 0;1 a highway. 131.

(1) Except with the permission of the Commissioner, no person shall sell or offer or expose for sale a motor vehicle or a part or accessory of a motor vehicle where the manu­ facturer's or· maker's serial number has been removed, ob­ literated or defaced or is not clearly visible. s.:; Xot to start until permit­ ted by officer. No de£aciug of signs. No sale where stria) number defaced.

CHAP. 1 Defacing prohibit~d. Exception o( tires. LiY~rYlnanrS licence required. O.,.n ... de.med to be guilty (or a violation o( Ordinance. O"'lu:r to supply n;l1ne or persun. MOTOR VEHICLES

(2) No person shall remove, obliterate, or deface the manufacturer's or maker's serial number on a motor vehicle or part or accessory thereof. (3) Subsection (1) does not apply to the sale of second. hand tires. 132. No person shall carry on business as a liveryman without valid and subsisting liveryman's licence issued under this Ordinance.

PART V RESPONSIBILITY FOR ACCIDENTS 133.

(1) Where the driver of a vehicle violates a provision of this Ordinance or the regulations relating to the operation, use or presence of a motor vehicle on a highway or in a public place. the owner of the vehicle is deemed to be guilty of the violation and shall incur the penalties provided there­ for. unless he proves that the violation was not committed uy him or by a person who had possession of the vehicle with his consent either express or implied.

(2) This action does not relieve· the driver of a motor vehicle of liability for a violation committed by him or while the vehicle was in his possession.

(3) If the owner of the motor vehicle is present in it at the time of the violation by another person operating the vehicle, the owner as well as the other person is liable for the violation. 134. (1) \Vhen a motor vehicle is operated in violation (If a provision of this Ordinance or of the regulations by a person whose identity i~ unknown to the Commissioner, the register­ ed owner of the vehicle, on request of the Commissioner or of an officer shall, within forty-eight hours of the request, supply the Registrar or the officer with the name and address of the person in charge of the vehicle at the time of the violation.

(2) A registered owner. who refuses. fails. neglects or is linable to supply the name and address of the person In 56

MOTOR VEHICLES charge of the vehicle within forty-eight hours after being S0 requested, is liable to the penalty prescribed for the offence of the driver. (3) [n a prosecution under this

section it is a defence if the registered owner proves that the vehicle was being operated at the time of the violation without his knowledge or consent, either express or implied. 135.

(1) The owner of a motor vehicle is liable for injury, loss or damage sustained by any person by reason of negli­ gence in the operation of the motor vehicle on a highway unless the motor vehicle was without the owner's consent in the possession of some person other than the owner or his chauffeur, and the driver of a motor vehicle, not being the owner, is liable to the same extent as the owner.

(2) Subject fo subsection (3), a person operating a motor vehicle, other than the owner thereof, is deemed to have possession of the vehicle with the consent of the owner until the contrary is established.

(3) Where the person operating a motor vehicle, other than the owner thereof, lives with the owner as a member of his family, he is deemed to have possession of the motor vehicle with the consent of the owner. CHAP. 1 Owner liable lor injllry caused by his vehicle. 136. (

I) Where injury, loss or damage is sustained by Onus 01 prool. any person by reason of a motor vehicle on a highway, the onus of proof that the injury, loss or damage did not arise through the negligence or improper conduct of the owner or driver of the motor vehicle is upon the owner or driver.

(2) This

section does not apply in the case of a collision between motor vehicles on a highway or to an action brought by a person who is being transported in the vehicle without payment for that transportation. 137.

(1) No action lies against the driver or owner of a motor vehicle for the death of or injury, loss or damage sustained or incurred by a person while a passenger in the motor vehicle without payment for the transportation or by him when entering or alighting from the motor vehicle unless the death, injury, loss or damage was caused or contributed to by gross negligence un the part of the owner or driver. -;'7 Liability lor gratuitous passengers.

CHAP. 1 Owner not liable where vehide.is stolen. Foreic n vehicles. MOTOR VEHICLES

(2) This

section does not relieve from liability a person transporting a passenger for hire or gain, or the owner or driver of a motor vehicle that is being demonstrated to a prospective purchaser. 138. Notwithstanding anything in this Ordinance, no owner of a motor vehicle or the owner of any surety for the owner is liable for injury. loss or damage caused by the negligent operation of the motor vehicle if it is. proved to the satisfaction of the Court that at the time the injury, loss or damage was caused the motor vehicle was operated by or under the control or in the charge of a person who had stolen the motor vehicle. 139.

(1) Where a motor vehicle that is owned by a person who is not resident in the Territory is operated on·a highway in the Territory by the owner 9r by a person who has pos­ session of the motor vehicle with the consent of the owner or where a person is not a resident of the Territory operates a motor vehicle on a highway in the Territory. the Commis­ sioner is deemed to be the agent of the owner or operator who is not so resident for the service of notice or process in an action in. the Territory for injury, loss or damage arising out of the presence, use or operation of the motor vehicle in the Territory.

(2) Service of notice or process on the Commissioner as such agent ma~' be made by leaving a copy of it with him or at his office, together with a bond in form and with sure­ ties approved by the Commissioner in the sum of two hundred dollars conditioned that on the failure of the plaintiff to sllcceed in the action the defendant will he reimbursed for expenses necessarily incurred hy him in defending" the action in the Territory.

(3) Service effected in accordancc \Vi th subsection (2) is sufficicnt service if notice of the service and a copy of the notice or process are sent forthwith by registered mail to the defendant and the defendant's return receipt is filed witli the clerk of the court in which the action or proceeding is brought. 58

MOTOR VEHICLES

(4) A judge of the court in which the action is pending may, on such terms as he considers just, order such con­ tinuance as he considers necessary to afford the defendant reasonable opportunity to defend the action. 140.

(1) Where injury, loss or damage to person or property is caused by the negligent operation on a highway of a motor vehicle that is not registered under this Ordi­ nance, the plaintiff in any actiion commenced to recover for that injury, loss or damage may make the vehicle, by its registration number or by a description of the vehicle sufficient to enable it to be identified, the defendant in ,tIle action and may obtain a writ of attachment of the motor vehicle under

section 14l.

(2) Any person claiming to be the owner or having an interest in the motor vehicle may enter an appearance in the action and the provisions of the /lIdica/llfe Ordinance and the rules of the Court apply to him as if he had been made a party defendant. '

(3) If no person claiming to be the'owner or having an in­ terest in the motor vehicle has entered an appearance in the action; the plaintiff may at any time after the expiration of thirty days from the' date on which' the motor vehicle was attached, upon proving damages, obtain judgment and execu­ tion against the motor vehicle. 141.

(1) Where injury, loss or damage is incurred or sustained by a person by reason of the negligent operation of a motor vehicle upon a highway, the person incurring or sustaining the injury, loss or damage may, at or after the commencement of an action to recover damages for the injury, loss or damage, obtain from the clerk of the court a writ of attachment directed to the Sheriff commanding him to attach, seize, take and safely keep the motor vehic1<­ causing the injury, loss or damage to' secure the 'amount vf damages that may be recovered in the action and the costs and to return the writ forthwith to the court out of which the writ is issued.

(2) A writ of attachment shall not be obtained or issued after the expiration or' thirty days from the day on which the injury, loss or damage was incurred or sustained. CHAP. 1 Writel aUachmenL Writsel attachment. \Vrit must is~ue within thirty days 01 accident,

CHAP. 1 Shui/J 10 Irht vthiclt:. MOTOR VEHICLES

(3) A person claiming to be the owner or having any interest in the motor vehicle may enter an appearance in the action and the provisions of the J"dicllt",.e O,.dinance and the rules of the Court apply to him as if he had been made a party defendant.

(4) No writ of attachment shall be issued unless the plain­ tiff or someone on his behalf files with the clerk an affidavit showing a cause of action, stating the time and place where the injury, loss or damage was incurred or sustained, the approximate amount of the damage and such information as will enable the motor vehicle to be identified, and files with the clerk a good and sufficient bond in favour of the Sheriff approved by the clerk conditioned for the payment of all costs and expenses incurred by the Sheriff in the seizing and holding of the motor vehicle in the event that the plaintiff does not prosecute his action or in the event the action is decided against him. 142.

The Sheriff to whom a writ of attachment is directed shall immediately attach, seize, take and safely keep the motor vehicle to secure the amount of damages that may be recovered in the action and the costs of the action and those damages and costs constitute a first and paramount lien on the motor vehicle regardless of wh·ether the defendant is the owner of the motor vehicle or has any interest therein. Financial 143. (1)] n an action where a motor vehicle has been rrs!>onsibility. seized under a writ of attachment issued under this Ordi- nance. the Sheriff having the motor vehicle in his custody shall (

a) where the defendant is the registered owner of the motor vehicle and deposits with the Sheriff a certifI­ cate under the hand of the Commissioner that proof of financial responsibility had been filed by the owner under this Ordinance before the cause of action arose; or (

b) where proof of financial responsibility had not been filed by the owner or where the defendant is not the owner of the motor vehicle but the owner or a person on his behalf files with the Sheriff a bond in favour of the plaintiff executed by two sureties satisfactory 60

MOTOR VEHICLES to the Sheriff or by an approved surety company and conditioned for the payment of all damages and costs that may be recovered against the defendant, release the motor vehicle to the owner or his agent upon payment to the Sheriff of his fees and expenses in connection with the attachment. 144.

(1) Where a motor vehicle has not been released under

section 143 and judgment is recovered by the plaintiff, the Sheriff shall retain the motor vehicle under the writ of attachment until execution is issued on the judgment and, if execution is issued within fifteen days from the date of the judgment, may sell the motor vehicle in the same manner as other goods_are sold under execution.

(2) The Sheriff shall pay over to the plaintiff the money so recovered for a sufficient sum to discharge the amount directed to be levied, less the Sheriff's fees, commission and poundage expenses.

(3) If, after satisfaction of the amount together with Sheriff's fees, commission and poundage expenses, a surplus remains in the hands of the Sheriff, he shall pay the surplus to the person entitled thereto.

(4) Where money is levied upon execution, the provIsIons of the CreditorI Relief Ordinance does not apply to such portion of such money as is obtained by the levying on and selling of the motor vehicle under the execution. CHAP. 1 Execution on judgment. 145. Except as herein expressly provided, no right of any No right 01 person to person to bring or prosecute an action for damages for m- bring action affected. jury, loss or damage to person or property is affected.

PART VI SAFETY RESPONSIBILITY IMPOUNDING 146.

(1) Where bodily injury to or the death of any person or damage in an amount apparently exceeding one hundred dollars to property results from an accident in which 61 Impoundment 01 vehicles involved in accident.

CHAP. 3 WI..,re repairs needed: Where repairs Dot needed. Change of place 01 ImpoundmeDt. lIIt.aningol "owner". MOTOR VEHICLES a motor vehicle is in any manner directly or indirectly in­ volved, any officer at the scene of the accident, or who arrives thereat while any or all of the motor vehicles so involved in the accident are still at the scene thereof, shall, subject to

section 147, impound each motor vehicle so in­ volved and require it to be taken (

a) if repairs are necessary and immediately desired by the owner, to such repair shop or garage as the owner may select, for the purpose of having it repaired, or (

b) if repairs are not necessary or are not immediately desired by the owner, to such garage or storage place as the owner may select, unless otherwise required by the officer, in which case the officer may direct it to be taken to a garage or storage place maintained by any police force or other public authority, if such is available, and otherwise to a privately maintained garage' or storage place designated by the officer, there to be kept at the expense and risk of the owner of the motor vehicle.

(2) Where, pursuant to subsection (1), a motor vehicle has been taken to a repair shop, garage or storage place selected by 'the owner, an officer in a locality in which the repair shop, garage or storage place is situated, on receipt of a written application by the owner, may, at the cost of the applicant, have the motor vehicle transferred to such other repair shop, garage or storage place as the applicant may select, and may give all necessary directions to that end, and shall in that case give to the owner, operator, mnaager or other. person in charge of the repair shop, garage or other storage place to which the motor vehicle is transferred a notice as prescribed in subsection (7).

(3) In subsections (1) and (2) the word "owner" includes any person, firm, or corporation that has sold the motor vehicle under the terms of a conditional sale agreement or lien or note upon which all or part of the purchase price remains unpaid, or to whom or to which a bill of sale by way of chattel mortgage thereon has been given in respect of which all or part of the moneys secured thereby remain un­ paid, and also includes an assignee of such vendor or mort­ gagee. 62

MOTOR VEHICLES

(4) Where any or all of the motor vehicles directly or in­ directly involved in the accident are not impounded as pro­ vided in subsection (1), if the accident is reported to, or otherwise comes to the attention of an officer, he shall, sub­ ject to subsection (9) and to

section 147, forthwith impound each motor vehicle so involved; and the officer impounding the motor vehicle shall require it to be dispos