BILL 70

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 359 of the Motor Vehicle Act, chapter M-17 of the Revised Statutes, 1973, is amended

(a)  by adding after subsection (1.1) the following:

Offences respecting mass

359(1.2) Notwithstanding section 51 or subsection 56(5) or (6) of the Provincial Offences Procedure Act, if a person is convicted of an offence under subsection (1) or (1.1), the minimum fine shall be double the minimum fine specified in the Provincial Offences Procedure Act for that category of offence.

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

359(2) In addition to any fine imposed under the Provincial Offences Procedure Act, every person who operates a vehicle with a gross mass in excess of that for which the vehicle is registered, or allowable for that vehicle as prescribed by regulation, or who operates a vehicle or combination of vehicles with a gross mass in excess of that allowed under a special permit issued under section 261, shall be ordered to pay a further penalty calculated on the excess mass as follows:

(a)  two dollars for each fifty kilograms, or fraction of it, of the first twenty-five hundred kilograms of excess mass;

(b)  four dollars for each fifty kilograms, or fraction of it, of excess mass over twenty-five hundred kilograms up to and including forty-five hundred kilograms;

(c)  six dollars for each fifty kilograms, or fraction of it, of excess mass over forty-five hundred kilograms, up to and including seven thousand kilograms;

(d)  eight dollars for each fifty kilograms, or fraction of it, of excess mass over seven thousand kilograms up to and including nine thousand kilograms; and

(e)  ten dollars for each fifty kilograms, or fraction of it, of excess mass over nine thousand kilograms.

(c)  by repealing subsection (3) and substituting the following:

359(3) In addition to any fine imposed under the Provincial Offences Procedure Act, every person who operates a vehicle with a mass per axle or combination of axles in excess of that prescribed by regulation, or who operates a vehicle or combination of vehicles with a mass per axle or combination of axles in excess of that allowed under a special permit issued under section 261, shall be ordered to pay a further penalty calculated on the excess mass as follows:

(a)  two dollars for each fifty kilograms, or fraction of it, of the first twenty-five hundred kilograms of excess mass;

(b)  four dollars for each fifty kilograms, or fraction of it, of excess mass over twenty-five hundred kilograms up to and including forty-five hundred kilograms;

(c)  six dollars for each fifty kilograms, or fraction of it, of excess mass over forty-five hundred kilograms up to and including seven thousand kilograms;

(d)  eight dollars for fifty kilograms, or fraction of it, of excess mass over seven thousand kilograms up to and including nine thousand kilograms; and

(e)  ten dollars for each fifty kilograms, or fraction of it, of excess mass over nine thousand kilograms.

2 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.