BILL 54

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

(a)  in subsection (4) by striking out “twenty-four hours” and substituting “seven days”;

(b)  by repealing subsection (4.1).

2 Section 310.02 of the Act is amended

(a)  in subsection (6) by striking out “twenty-four hours” and substituting “seven days”;

(b)  by repealing subsection (6.1).

3 Section 310.04 of the Act amended

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

310.04(3) In the circumstances described in subsection (2), the peace officer, on behalf of the Registrar, shall

(a)  if the person holds a valid driver’s licence issued under this Act, take possession of the driver’s licence and immediately suspend the person’s driver’s licence and his or her driving privilege by serving on the person an order of suspension,

(b)  if the person holds a valid out-of-province driving licence, immediately suspend the person’s driving privilege by serving on the person an order of suspension, and

(c)  if the person does not hold a valid driver’s licence or out-of-province driving licence, immediately suspend the person’s driving privilege by serving on the person an order of suspension.

(b)  by repealing subsection (4);

(c)  by repealing subsection (5);

(d)  by repealing paragraph (6) and substituting the following:

310.04(6) A peace officer who serves an order under subsection (3) shall without delay forward to the Registrar

(a)  the person’s driver’s licence, if one has been surrendered,

(b)  a copy of the completed order,

(c)  a report sworn or solemnly affirmed by the peace officer, and

(d)  a copy of any certificate of analysis under section 258 of the Criminal Code (Canada) with respect to the person described in subsection (3).

(e)  by repealing subsection (7) and substituting the following:

310.04(7) The order of suspension and report of the peace officer referred to in this section shall be in the form, contain the information and be completed in the manner required by the Registrar.

COMMENCEMENT

4 This Act comes into force on a day to be fixed by proclamation.