BILL 71

An Act to Amend the Highway Act

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

1 Section 36 of the Highway Act, chapter H-5 of the Revised Statutes, 1973, is amended

(a)  by adding after subsection (7) the following:

Height and weight restrictions

36(7.1) Notwithstanding section 51 or subsection 56(5) of the Provincial Offences Procedure Act, if a person is convicted of an offence under subsection (7), 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 (9) and substituting the following:

36(9) In addition to any fine imposed under the Provincial Offences Procedure Act, if a person operates a vehicle on a highway or bridge with respect to which a weight restriction is in effect and the weight of the vehicle including any load is in excess of the weight restriction, that person shall be ordered to pay a further penalty calculated on that excess weight as follows:

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

(b)  four dollars for each fifty kilograms, or fraction of it, of excess weight 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 weight 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 weight 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 weight over nine thousand kilograms.

(c)  by repealing subsection (10) and substituting the following:

36(10) In addition to any fine imposed under the Provincial Offences Procedure Act, if a person operates a vehicle on a highway or bridge with respect to which a weight restriction is in effect with a weight per axle or combination of axles in excess of the weight restriction, that person shall be ordered to pay a further penalty calculated on that excess weight as follows:

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

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

(d)  eight dollars for each fifty kilograms, or fraction it, of excess weight 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 weight 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.