BILL 74
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
78 of the Motor Vehicle Act, chapter M-17 of the Revised Statutes,
1973, is amended by adding the following after subsection (5):
Driver’s
licences
78(5.1) If the person referred to in subsection
(5) is under the age of 21 years, the Registrar shall issue to the
person a licence that is subject to the restriction referred to in
subsection 91(1.01).
2 Section
84 of the Act is amended
(a) in subsection
(1) by adding the following definition in alphabetical order:
“accompanying driver”
means a licensed driver referred to in paragraph 84(4)(a) or (b) or subparagraph 84(5)(a)(i) or (ii);
(b) in subsection
(4)
(i) in paragraph (c)
by striking out “and” at the end of the paragraph;
(ii)
by adding after paragraph (c) the following:
(c.1) the novice driver shall not operate
the motor vehicle between the hours of 12 midnight and 5 a.m.; and
(c) by
repealing subsection (5) and substituting the following:
Learner’s licences
84(5) A novice driver who, during stage two, operates or has care or
control of a motor vehicle, whether in motion or not, does so subject
to, and shall comply with, the following conditions:
(a) if the novice driver is under the
age of 21 years, the novice driver shall, subject to subsections (5.1)
and (5.2), only operate a motor vehicle between 12 midnight and 5
a.m. in the following circumstances:
(i) if the motor vehicle has accommodation
for a passenger alongside the driver, the novice driver is accompanied
by a licensed driver who is occupying a seat alongside the novice
driver and who is the holder of a valid and subsisting licence, other
than a learner’s licence, that authorizes the holder to operate
that type of motor vehicle;
(ii) if the motor vehicle does not have
accommodation for a passenger alongside the driver, the novice driver
is under the direct observation and supervision of a licensed driver
who is occupying a seat inside the motor vehicle and who is the holder
of a valid and subsisting licence, other than a learner’s licence,
that authorizes the licensed driver to operate that type of motor
vehicle;
(iii) no other person, other than a licensed
driver referred to in subparagraph (i) or (ii), is in or on the motor
vehicle;
(b) the novice driver shall not be accompanied
by more than 3 passengers, only one of whom may occupy a seat alongside
the novice driver; and
(c) the novice driver shall not have
consumed alcohol in such a quantity that the concentration in the
novice driver’s blood exceeds zero milligrams of alcohol in
one hundred millilitres of blood.
(d) by adding
after subsection (5) the following:
Learner’s licences
84(5.1) The condition referred to in paragraph (5)(a) does not apply
to a novice driver who is operating a motor vehicle between 12 midnight
and 5 a.m. for educational or employment purposes.
84(5.2) The Registrar may, upon application and as soon as practicable
after receiving the application, exempt a holder of a stage two learner’s
licence, upon such terms and conditions as the Registrar considers
appropriate, from the application of paragraph (5)(a) if the purpose
for which the exemption is required is not a purpose referred to in
subsection (5.1) and, in the opinion of the Registrar, is reasonable.
84(5.3) A person acting as an accompanying driver shall hold a valid
driver’s licence issued under the provisions of this Act or
by another jurisdiction for at least 3 years.
84(5.4) It is a defence to a charge against a novice driver under paragraph
(4)(a),(b),(c) or (c.1) or subparagraph (5)(a)(i), (ii) or (iii) or
paragraph (5)(b) if the novice driver can establish that an immediate
threat to the novice drivers’s health or safety, or the health
or safety of an occupant of the vehicle, existed or was likely to
exist if paragraph (4)(a),(b),(c) or (c.1) or subparagraph (5)(a)(i),
(ii) or (iii) or paragraph (5)(b), as the case may be, was complied
with.
(e) by repealing
subsection (6) and substituting the following:
Learner’s licences
84(6) A novice driver is qualified to hold a stage two learner’s
licence when
(a) the driver has held a stage one
learner’s licence without interruption for the preceding 8 or
more calendar months, has successfully passed a licensed driver training
course during the previous 2 years and has successfully passed the
required road test, or
(b) the driver has held a stage one
learner’s licence without interruption for the preceding 12
or more calendar months and has successfully passed the required road
test.
(f) in subsection
(11) in the portion preceding paragraph (a) by striking out “paragraph
(4)(d) or subsection (5) or 310.02(13)” and substituting “paragraph (4)(d) or (5)(c)
or subsection 310.02(13)”;
(g) by adding
after subsection (13) the following:
Learner’s licences
84(13.1) A driver’s licence that is valid on the day this subsection
comes into force
(a) is subject to any conditions imposed
on it under subsection 84(4) or
(5), if the licence is a stage one or stage two learner’s licence,
and
(b) is deemed to be subject to the restriction
referred to in subsection 91(1.01),
if the holder of the driver’s licence is under the age of 21
years.
(h) by repealing
subsection (14);
(i) by repealing
subsection (15).
3 Subsection
86(1) of the Act is amended by striking out the portion preceding
paragraph (a) and substituting the following:
Applications by minors
86(1) The application for any person under the age of 18 years for
a licence or for an exemption referred to in subsection 84(5.2) shall be accompanied by a written
consent signed
4 Section
87 of the Act is repealed and the following is substituted:
Applications by
minors
87 Any person who signs a consent as required
under section 86 may thereafter
file with the Registrar a written request that the licence issued
to the minor or the exemption granted to the minor be cancelled and
the Registrar shall cancel the licence or exemption, as the case may
be.
5 Section 91 of the Act is amended
(a) in subsection
(1) by striking out the portion preceding paragraph (a) and substituting
the following:
Issuance of licences
91(1) Subject to subsection (1.01), the Registrar shall, upon payment
of the required fee, issue to every qualified applicant a licence
as applied for, which licence shall include
(b) by adding
the following after subsection (1):
Issuance of licences
91(1.01) If the qualified applicant is under the age of 21 years, the
Registrar shall, on issuing the licence, impose the restriction that
a holder under the age of 21 years shall not operate or have care
or control of a motor vehicle, whether in motion or not, if the holder
has consumed alcohol in such a quantity that the concentration in
his or her blood exceeds zero milligrams of alcohol in one hundred
millilitres of blood.
91(1.02) Any person who, being the holder of a restricted licence under
the provisions of subsection (1.01) or 78(5.1), drives a motor vehicle in contravention of the restriction
imposed by the Registrar and set forth upon the licence, is guilty
of an offence.
91(1.03) The Registrar may suspend or revoke the licence of any person
convicted of an offence under subsection (1.02).
91(1.04) In any prosecution under subsection (1.02), a certificate
purporting to be signed by the Registrar indicating that a person
was authorized to drive a motor vehicle in the Province subject to
the restriction referred to in subsection (1.01), and stating the
restriction, is admissible in evidence and shall be, in the absence
of evidence to the contrary, proof of the facts stated therein without
proof of the signature or official character of the person by whom
it purports to be signed.
6 Subsection
98(1) of the Act is amended
(a) in paragraph
(b) by striking out “and” at the end of the paragraph;
(b) by
adding after paragraph (b) the following:
(b.1) all exemptions granted under subsection 84(5.2) to the holders of a stage two
learner’s licence, and
7 Subsection
297(2) of the Act is amended
(a) by repealing
paragraph (d.1) and substituting the following:
(d.1) upon conviction of an offence under
paragraph 84(4)(a), (b), (c) or
(c.1) or subparagraph 84(5)(a)(i),(ii)
or (iii) or paragraph 84(5)(b),
3 points;
(b) by repealing
paragraph (d.2) and substituting the following:
(d.2) upon conviction of an offence under
paragraph 84(4)(d) or (5)(c) or
subsection 310.02(13), 10 points;
8 Section
310.02 of the Act is amended
(a) in subsection
(3) by striking out “paragraph 84(4)(d) or subsection 84(5)”
and substituting “paragraph 84(4)(d) or (5)(c)”;
(b) in subsection
(14) in the portion preceding paragraph (a) by striking out “paragraph
84(4)(d) or subsection 84(5)” and substituting “paragraph 84(4)(d) or (5)(c)”;
(c) in subsection
(15) by striking out “paragraph 84(4)(d) or subsection 84(5)”
and substituting “paragraph 84(4)(d) or (5)(c)”.
9 Section
310.03 of the Act is amended in the portion preceding paragraph (a)
by striking out “paragraph 84(4)(d) or subsection 84(5)”
and substituting “paragraph 84(4)(d) or (5)(c)”.
10 Schedule
A of the Act is amended
(a) by striking
out
84(4)(a),
(b), (c) or (d)............... |
C |
and
substituting the following:
84(4)(a), (b), (c), (c.1) or (d) ............... |
C |
| |
|
(b) by
striking out
and
substituting the following:
84(5)(a), (b) or (c)............... |
C |
84(5.3) ............... |
C |
(c) by
adding after
the
following:
91(1.02)............... |
C |
11 An Act to Amend the Motor Vehicle Act,
chapter 39 of the Acts of New Brunswick, 1996, is repealed.
12 This Act or any provision of it comes into
force on a day or days to be fixed by proclamation
EXPLANATORY NOTES
Section 1
New provision.
Section 2
(a) New provision.
(b)
i) Consequential amendment.
ii) New provision.
(c) The existing provision is
as follows:
84(5) A novice driver who, during stage two,
operates or has care or control of a motor vehicle, whether in motion
or not, does so subject to, and shall comply with, the condition that
the novice driver shall not have consumed alcohol in such a quantity
that the concentration in the novice driver’s blood exceeds
zero milligrams of alcohol in one hundred millilitres of blood.
(d) New provisions.
(e) The existing provision is
as follows:
84(6) A novice driver is qualified to hold
a stage two learner’s licence when
(a) the driver has held a stage one
learner’s licence without interruption for the preceding four
or more calendar months, has successfully passed a licensed driver
training course during the previous two years and has successfully
passed the required road test, or
(b) the driver has held a stage one
learner’s licence without interruption for the preceding twelve
or more calendar months and has successfully passed the required road
test.
(f) Consequential amendment.
(g) New provision.
(h) The existing provision is
as follows:
84(14) On the commencement of this subsection,
every subsisting Class 7 licence shall be deemed to be a stage one
learner’s licence.
(i) The existing provision is
as follows:
84(15) For the purposes of determining the
period of time spent in stage one or as the holder of a learner’s
licence by the holder of a Class 7 licence referred to in subsection
(14), credit shall be given for the period of time during which the
holder held that specific class 7 licence before the commencement
of that subsection.
Section 3
Consequential amendment.
Section 4
Consequential amendment.
Section 5
(a) Consequential amendment.
(b) New provisions.
Section 6
(a) Consequential amendment.
(b) New provision.
Section 7
(a) The existing provision is
as follows:
297(2) The Registrar shall assess against
each driver and each non-resident driver for each conviction or each
order a number of points as follows:...
(d.1) upon conviction of an offence under
paragraph 84(4)(a), (b) or (c), 3 points;
(b) The existing provision is
as follows:
297(2) The Registrar shall assess against
each driver and each non-resident driver for each conviction or each
order a number of points as follows:...
(d.2) upon conviction of an offence under
paragraph 84(4)(d) or subsection 84(5) or 310.02(13), 10 points;
Section 8
(a) Consequential amendment.
(b) Consequential amendment.
(c) Consequential amendment.
Section 9
Consequential amendment.
Section 10
(a) Consequential amendment.
(b) Consequential amendment.
(c) New provision.
Section 11
Repeal provision.
Section 12
Commencement provision.