BILL 41

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

(a)  in the definition “hand-operated electronic device” in the portion preceding subparagraph (f)(i) by striking out “but”;

(b)  by repealing the definition “operate” and substituting the following:

“operate” means to drive a motor vehicle and includes, without limiting the generality of the foregoing, to have the physical control of a motor vehicle that is stopped on the highway; (conduire)

2 Section 265.03 of the Act is amended

(a)  by repealing paragraph (e) and substituting the following:

(e)  who uses a two-way radio while operating a motor vehicle on a highway if that person is the holder of a radio operator certificate issued under the Radiocommunication Act (Canada),

(b)  in paragraph (f) by striking out the period at the end of the paragraph and substituting “, or”;

(c)  by adding after paragraph (f) the following:

(g)  who uses a hand-operated electronic device while operating a motor vehicle that is safely parked near the curb or outer edge of the shoulder of the highway.

3 Section 265.05 of the Act is amended

(a)  by repealing paragraph (a);

(b)  by repealing paragraph (e).