BILL 24

An Act to Amend 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 2 of An Act to Amend the Motor Vehicle Act, chapter 33 of the Acts of New Brunswick, 2010, is amended

(a)  in section 265.01 as enacted by section 2 by repealing the definition “display screen”;

(b)  in section 265.03 as enacted by section 2

(i) by repealing paragraph (c) and substituting the following:

(c)  who uses a hand-operated electronic device while operating a motor vehicle on a highway if it is configured and equipped to be used as a hands-free telephone, used in a hands-free manner, and used exclusively by voice commands or by touching the device only once to initiate or accept a telephone call and only once to end it, while all other actions in relation to the call are performed exclusively by voice commands,

(ii) by adding after paragraph (d) the following:

(d.1)  who uses a two-way radio while operating a commercial vehicle as defined in section 265.1 on a highway,

(iii) in paragraph (f) by striking out “global positioning system” and substituting “portable global positioning system”;

(c)  by repealing subsection 265.04(2) as enacted by section 2 and substituting the following:

265.04(2) Subsection (1) does not apply to a person

(a)  who is operating an authorized emergency vehicle on a highway,

(b)  who is operating a taxi on a highway,

(c)  who is employed by a telecommunications enterprise and who, in the course of his or her duties or employment, operates on a highway a motor vehicle with a computer screen that is visible to the driver and monitors service levels and disruptions, or

(d)  who is operating a motor vehicle on a highway with a built-in display screen that is visible to the driver if the screen is installed by the manufacturer of the motor vehicle or according to the manufacturer’s instructions and the screen meets any of the following criteria:

(i) displays information on the condition, the status of various systems or in the immediate environment of the motor vehicle;

(ii) displays information on road or weather conditions; or

(iii) functions as a global positioning system navigation device.

(d)  in section 265.05 as enacted by section 2

(i) by repealing paragraph (d);

(ii) in paragraph (f) by striking out “from the application of this Part” and substituting “from the application of this Part or any provision of it”.