Bill 4 - An Act to Amend the Motor Vehicle Act

BILL 4

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 1 of the Motor Vehicle Act, chapter M-17 of the Revised Statutes, 1973, is amended by repealing the definition “operate” and substituting the following:

“operate” except in Part IV.01, when used with reference to a vehicle, means any use of a highway by the vehicle, including the act of crossing the highway or stopping, parking or leaving the vehicle standing, or moving, towing or pushing the vehicle on the highway; (conduire)

2 The Act is amended by adding after section 265 the following:

PART IV.01

USE OF VARIOUS DEVICES WHILE DRIVING

Definitions

265.01 The following definitions apply in this Part.

“display screen” means the screen of a television, computer or other device prescribed by regulation; (écran)

“hand-operated electronic device” means (appareils électronique à commande manuelle)

(a) a cellular telephone;

(b) a two-way radio;

(d) a portable entertainment device;

(e) another electronic device that

(i) includes a telephone function, and

(ii) normally is held in the user’s hand during use or requires the user to use his or her hand to operate any of its functions;

(f) an electronic device that is not otherwise described in paragraph (a), (b), (c), (d) or (e) but that

(i) is capable of transmitting or receiving e-mail or other text-based messages, and

(ii) normally is held in the user’s hand during use or requires the user to use his or her hand to operate any of its functions; or

(g) any other hand-operated electronic device prescribed by regulation;

“operate” means to drive or have actual physical control of a motor vehicle that is in motion; (utiliser)

“use”, in relation to a hand-operated electronic device, includes any of the following actions: (utiliser)

(a) holding the device in a position in which it may be used, whether it is turned on or off;

(b) operating any of the device’s functions;

(d) looking at the device’s display; and

(e) taking any other action with or in relation to the device that is prescribed by regulation.

Hand-operated electronic device prohibited

265.02 No person shall operate a motor vehicle on a highway while using a hand-operated electronic device.

Exceptions

265.03 Section 265.02 does not apply to a person

(a) who uses a hand-operated electronic device while operating a motor vehicle on a highway to call the local police department, the Royal Canadian Mounted Police, the fire department or an ambulance service about an emergency,

(b) who uses a hand-operated electronic device while operating an authorized emergency vehicle, on a highway, in the course of his or her duties or employment,

(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 in accordance with the regulations,

(d) who uses a two-way radio while operating a motor vehicle on a highway for commercial purposes,

(e) who uses a two-way radio while operating a motor vehicle on a highway during search and rescue activities or emergency operations as prescribed by regulation, or

(f) who looks at a global positioning system navigation device’s display for navigational purposes while operating a motor vehicle on highway.

Display screen visible to driver prohibited

265.04(1) No person shall operate a motor vehicle on a highway if a display screen in the motor vehicle is visible to the driver.

265.04(2) Subsection (1) does not apply to a person who is on a highway and operating

(a) an authorized emergency vehicle,

(b) a taxicab, or

(c) a motor vehicle with a built-in display screen that functions as a global positioning system navigation device and provides information to the driver regarding the status of various systems of the motor vehicle.

Regulations

265.05 The Lieutenant-Governor in Council may make regulations

(a) prescribing other devices for the purposes of the definition “display screen” in section 265.01;

(b) prescribing other electronic devices for the purposes of the definition “hand-operated electronic device” in section 265.01;

(d) prescribing the manner in which a hand-operated electronic device may be used for the purposes of paragraph 265.03(c);

(e) prescribing emergency operations for the purposes of paragraph 265.03(e);

(f) exempting, with or without conditions, certain classes or types of devices or motor vehicles, or certain classes of persons, from the application of this Part.

3 Subsection 297(2) of the Act is amended

(a) in paragraph (j) by striking out the period at the end of the paragraph and substituting a semicolon;

(b) by adding after paragraph (j) the following:

(k) upon conviction of an offence under section 265.02, 3 points;

(l) upon conviction of an offence under subsection 265.04(1), 3 points.

4 Schedule A of the Act is amended by adding after

261(4.1)...............

the following:

265.02...............	C
265.04(1)...............	C

Commencement

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