BILL 57

An Act to Amend the Motor Vehicle Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 261 of the Motor Vehicle Act, chapter M-17 of the Revised Statues, 1973, is amended

(a)  by repealing subsection (1) and substituting the following:

261(1) A local authority may, in its discretion, with respect to a highway under its jurisdiction and that it maintains and the Minister of Transportation may, in his or her discretion, with respect to a provincial highway, issue, upon application, a special permit in writing authorizing the applicant to operate or move a vehicle or combination of vehicles on the highway

(a)  of any size, with or without load, exceeding the maximum specified in this Act or the regulations,

(b)  of a gross mass or a mass per axle or combination of axles exceeding the maximum specified in this Act or the regulations,

(c)  that is not a type of vehicle or a configuration for a type of vehicle specifically prescribed by regulation, or

(d)  that is otherwise not in conformity with this Act.

(b)  by repealing subsection (2) and substituting the following:

261(2) The application referred to in subsection (1) shall be made in the form and manner and contain the information that the Minister of Transportation or the local authority, as the case may be, considers necessary.

EXPLANATORY NOTES

Section 1

(a)  The existing provision is as follows:

261(1) The Minister of Transportation with respect to provincial highways and local authorities with respect to highways under their jurisdiction may in their discretion, upon application and good cause being shown therefor, issue a special permit in writing authorizing the applicant to operate or move a vehicle or combination of vehicles of a size, with or without load, a gross mass or a mass per axle or combination of axles exceeding the maximum specified in this Act or the regulations or otherwise not in conformity with this Act upon any highway under the jurisdiction of the party granting such permit and for the maintenance of which such party is responsible.

(b)  The existing provision is as follows:

261(2) The application for any such permit shall specifically describe the vehicle or vehicles and load to be operated or moved and the particular highways for which the permit to operate is requested, and whether the permit is requested for a single trip or for continuous operation.