BILL 68
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 adding the following definitions in alphabetical order:
“motorcycle learner’s licence” means a valid and subsisting licence prescribed by regulation for the purpose of section 84.11; (permis d’apprenti pour motocyclette)
“novice motorcycle driver” means the holder of a motorcycle learner’s licence; (conducteur débutant de motocyclette)
2 Subsection 80(1) of the Act is amended
(a) in paragraph (d) by striking out the period at the end of the paragraph and substituting “; and”;
(b) by adding after paragraph (d) the following:
(e) any person while driving or operating a motorcycle at the time of and in the course of a licensed driving training course in the operation of a motorcycle.
3 The heading “LEARNER’S LICENCES” preceding section 84 of the Act is repealed and the following is substituted:
LEARNER’S LICENCES AND MOTORCYCLE LEARNER’S LICENCES
4 Paragraph 84(9)(a) of the Act is repealed and the following is substituted:
(a) persons applying for a learner’s licence or a motorcycle learner’s licence, as the case may be,
5 The Act is amended by adding after section 84.1 the following:
Motorcycle learner’s licences
84.11( 1) A person who is at least 16 years of age and who has successfully passed a licensed driver training course in the operation of a motorcycle may apply to the Registrar for a motorcycle learner’s licence and, after the applicant has successfully passed all parts of the examination required by section 89 other than the road test and has provided documentary proof of having successfully passed the licensed driver training course, the Registrar may issue a motorcycle learner’s licence to the applicant.
84.11( 2) Subject to this section, a motorcycle learner’s licence entitles the holder to drive a motorcycle on a public highway while having possession of the licence.
84.11( 3) A novice motorcycle driver who holds a motorcycle learner’s licence and who operates or has care or control of a motorcycle, whether in motion or not, shall comply with the following conditions of the licence:
(a) the novice motorcycle driver shall not carry any other person on the motorcycle nor shall any other person ride on the motorcycle;
(b) the novice motorcycle driver shall not operate the motorcycle to tow another vehicle;
(c) the novice motorcycle driver shall not operate the motorcycle between sunset and sunrise; and
(d) the novice motorcycle driver shall not have consumed alcohol in a quantity that the concentration in his or her blood exceeds zero milligrams of alcohol in one hundred millilitres of blood.
84.11( 4) For the purposes of paragraph (3)(c), the times of sunset and sunrise are the times set out in section 35 of the Fish and Wildlife Act.
84.11( 5) It is a defence to a charge against a novice motorcycle driver under paragraph (3)(a), (b) or (c) if the novice motorcycle driver can establish that an immediate threat to the novice motorcycle driver’s health or safety, or the health or safety of a passenger on the motorcycle, existed or was likely to exist if paragraph (3)(a), (b) or (c) was complied with.
84.11( 6) A novice motorcycle driver who has been the holder of a motorcycle learner’s licence without interruption for the preceding 12 calendar months and who has successfully passed the required road test, is qualified to apply for a driver’s licence authorizing the holder to drive a motorcycle.
84.11( 7) For the purposes of subsection (6), a period of time during which a novice motorcycle driver is a licensed motorcycle driver in another province, in a territory of Canada or in another country, during the preceding two years, may be substituted for a period of time during which the novice motorcycle driver would be required to hold a motorcycle learner’s licence, in whole or in part, if, in the opinion of the Registrar, the substituted period and the period or periods substituted for constitute periods of equivalent experience and there has been no interruption between any two periods of time to be combined.
84.11( 8) Despite any other provision of this Act or the regulations, if a person is convicted of an offence under paragraph (3)(d) or subsection 310.021(14) and is under the age of 21 years or is the holder of a learner’s licence, the Registrar shall revoke any licence that is held by the person at the time of the conviction, and shall suspend the driving privilege of the person, whether or not the person holds a licence, for a period expiring on the later of
(a) the expiration of any periods of revocation and suspension already imposed, and
(b) the expiration of one year from the date on which the revocation or suspension commences.
84.11( 9) The Registrar shall not issue a new motorcycle learner’s licence to a person whose licence has been revoked or whose driving privilege has been suspended under subsection (8) unless the applicable period referred to in that subsection has expired and the person has
(a) successfully completed the drinking driver re-education course approved by the Minister of Health after the revocation or suspension,
(b) paid the fee prescribed by regulation for the course, and
(c) fulfilled the requirements of this section.
84.11( 10) The Registrar shall not issue a new licence to a person whose licence, other than a motorcycle learner’s licence, has been revoked or whose driving privilege has been suspended under subsection (8) unless the applicable period referred to in that subsection has expired and the person has fulfilled the requirements of paragraphs (9)(a) and (b).
84.11( 11) The Registrar shall not issue a new motorcycle learner’s licence to a person whose licence has been revoked or whose driving privilege has been suspended under subsection 298(4) or 300(1) or (2) until the person has fulfilled the requirements of this section.
84.11( 12) Subsection 301.01(1) applies with the necessary modifications to a fee paid under paragraph (9)(b) or subsection (10).
84.11( 13) A novice motorcycle driver referred to in subsection (9) or (11) shall not receive credit
(a) under subsection (6) for any time spent holding a motorcycle learner’s licence before the revocation of the licence, or
(b) under subsection (1) for a licensed driver training course successfully passed before the revocation of the licence.
84.11( 14) This section does not apply to motor driven cycles.
6 Section 84.2 of the Act is amended by adding after paragraph (a) the following:
(a.1) prescribing one or more combinations of licences and endorsements to licences that are motorcycle learner’s licences;
7 Section 84.4 of the Act is amended by adding after paragraph (a) the following:
(a.1) delegating to the Registrar the authority to approve the tuition fees for licensed driver training courses in the operation of motorcycles;
8 The Act is amended by adding after section 229 the following:
Approved equipment
229.1( 1) No owner shall drive or permit to be driven a motorcycle with tires that do not meet the minimum tire tread depth prescribed by regulation.
229.1( 2) No owner shall drive or permit to be driven a motorcycle with tires that have any of the conditions prescribed by regulation.
9 Subsection 297(2) of the Act is amended by adding after paragraph (d.2) the following:
(d.3) upon conviction of an offence under paragraph 84.11(3)(a), (b) or (c), 3 points;
(d.4) upon conviction of an offence under paragraph 84.11(3)(d) or subsection 310.021(14), 10 points;
10 Subsection 310.02(13) of the French version of the Act is repealed and the following is substituted:
310.02( 13) Commet une infraction quiconque, sans excuse légitime, omet ou refuse de se conformer à une demande émanant de l’agent de la paix en application du présent article.
11 The Act is amended by adding after section 310.02 the following:
Breath sample
310.021( 1) The following definitions apply in this section.
“provincially approved screening device” means a device prescribed by regulation for the purposes of this section. (appareil de détection approuvé par la province)
“qualified technician” means a qualified technician as defined in subsection 254(1) of the Criminal Code (Canada). (technicien qualifié)
310.021( 2) This section applies only to a novice motorcycle driver who operates or has care or control of a motorcycle and does not apply to a novice motorcycle driver who operates or has care or control of another type of motor vehicle for which he or she holds a valid and subsisting driver’s licence.
310.021( 3) Subsections (4) and (5) apply and subsection (6) does not apply if a peace officer making a demand of a novice motorcycle driver uses one screening device for the purposes of section 310.01 and another screening device for the purposes of this section, and subsection (6) applies and subsections (4) and (5) do not apply if the peace officer uses one screening device for the purposes of both section 310.01 and this section.
310.021( 4) If a novice motorcycle driver, on demand made by a peace officer under subsection 254(2) of the Criminal Code (Canada), provides a sample of breath that, on analysis as described in subsection 310.01(1), registers “Pass” but the peace officer reasonably suspects that the novice motorcycle driver has alcohol in his or her body, the peace officer may, for the purposes of determining compliance with paragraph 84.11(3)(d) demand that the novice motorcycle driver provide within a reasonable time a further sample of breath that in the opinion of the peace officer or qualified technician is necessary to enable a proper analysis of the breath to be made by means of a provincially approved screening device and, if necessary, to accompany the peace officer for the purpose of enabling the sample of breath to be taken.
310.021( 5) A peace officer may request a novice motorcycle driver to surrender the driver’s motorcycle learner’s licence if, on demand of the officer made under subsection (4), the novice motorcycle driver fails or refuses to provide a sample of breath or provides a sample of breath that, on analysis by a provincially approved screening device, produces a result indicating, in the manner prescribed by regulation, the presence of alcohol.
310.021( 6) A peace officer may request a novice motorcycle driver to surrender the driver’s motorcycle learner’s licence if, on demand made by the peace officer under subsection 254(2) of the Criminal Code (Canada), the novice motorcycle driver
(a) fails or refuses to provide a sample of breath, or
(b) provides a sample of breath that, on analysis, produces a result indicating, in the manner prescribed by regulation, the presence of alcohol.
310.021( 7) A novice motorcycle driver whose motorcycle learner’s licence has been requested under subsection (5) or (6) shall surrender the licence to the peace officer requesting it without delay and, whether or not the novice motorcycle driver is unable or fails to surrender the licence to the peace officer, the licence is revoked and the novice motorcycle driver’s driving privilege is suspended for a period of seven days from the time the request is made.
310.021( 8) If an analysis of the breath of a novice motorcycle driver is made under subsection (4) or (6) and produces a result indicating, in the manner prescribed by regulation, the presence of alcohol, the novice motorcycle driver may require a further analysis to be made by means of a provincially approved screening device, in which case the result obtained on the second analysis governs and any revocation and suspension resulting from an analysis under subsection (4) or (6) continues or terminates accordingly.
310.021( 9) If an analysis of the breath of a novice motorcycle driver is made under subsection (4) or (6) and produces a test result indicating, in the manner prescribed by regulation, the presence of alcohol, the peace officer who made the demand for the sample of breath shall advise the novice motorcycle driver of the right under subsection (8) to a further analysis.
310.021( 10) The revocation of a licence and the suspension of a driving privilege under this section are in addition to and not in substitution for any other proceeding or penalty arising from the same circumstances.
310.021( 11) Every peace officer who requests the surrender of a licence from a novice motorcycle driver under section 310.01 or under this section shall
(a) keep a written record of the revocation and suspension with the name, address and licence number of the novice motorcycle driver and the date, time and place of the revocation and suspension,
(b) provide the novice motorcycle driver with a written statement setting out the time at which the revocation and suspension take effect, the length of the period during which the licence is revoked and privilege suspended and the place where the licence may be recovered upon the termination of the revocation and suspension and acknowledging receipt of the licence that is surrendered, and
(c) forward to the Registrar without delay a written report setting out the name, address and licence number of the novice motorcycle driver and any particulars respecting the taking of the sample of breath and the conduct and results of the analysis that the Registrar may require in relation to the matter.
310.021( 12) If the motorcycle driven by a novice motorcycle driver whose licence is revoked and whose driving privilege is suspended under this section is in a location from which, in the opinion of a peace officer, it should be removed and there is no person easily available who may lawfully remove the motorcycle with the consent of the novice motorcycle driver, the peace officer may remove and store the motorcycle or cause it to be removed and stored and shall notify the novice motorcycle driver of its location.
310.021( 13) The costs and charges incurred in moving and storing a motorcycle under subsection (12) shall be paid, before the motorcycle is released, by the person to whom the motorcycle is released.
310.021( 14) Every person who, without reasonable excuse, fails or refuses to comply with a demand made to the person by a peace officer under this section commits an offence.
310.021( 15) If an analysis of a sample of a person’s breath has been made for the purposes of section 310.01 or this section and it produces a result indicating the presence of alcohol, the result shall be, in the absence of evidence to the contrary, proof that the person has breached a condition of a motorcycle learner’s licence referred to in paragraph 84.11(3)(d) if
(a) when the sample was provided the person was the holder of the motorcycle learner’s licence issued under section 84.11, and
(b) the analysis was made by means of any device prescribed by regulation for the purposes of this subsection, in the manner prescribed by regulation.
310.021( 16) Subsection (15) shall not be construed by any person, court, tribunal or other body to limit the generality of the nature of proof that a novice motorcycle driver has breached a condition of a motorcycle learner’s licence referred to in paragraph 84.11(3)(d).
310.021( 17) The Lieutenant-Governor in Council may make regulations
(a) prescribing devices for the purposes of the definition “provincially approved screening device” in subsection (1);
(b) prescribing the manner in which the analysis results produced by provincially approved screening devices or other screening devices may indicate the presence of alcohol in samples of breath;
(c) prescribing devices for the purposes of subsection (15).
12 The Act is amended by adding after section 310.03 the following:
Breath sample
310.031 The revocation of a licence or the suspension of a driving privilege resulting from a conviction of a breach of a condition of a motorcycle learner’s licence referred to in paragraph 84.11(3)(d) or by reason of the operation of section 310.021 or 310.04 is intended
(a) to ensure that novice motorcycle drivers acquire experience and develop or improve safe driving skills in controlled conditions, and
(b) to safeguard the holder of the licence and the public.
13 Subsection 310.13(1) of the Act is amended by repealing the portion preceding paragraph (a) and substituting the following:
310.13( 1) Any person, other than a person whose learner’s licence or motorcycle learner’s licence is revoked or a person whose driving privilege is suspended under subsection 84(11) or 84.11(8), may apply to the Registrar for registration in the program if
14 Schedule A of the Act is amended
(a) by adding after
the following:
| | 84.11(3)(a) ............... | C |
| | 84.11(3)(b) ............... | C |
| | 84.11(3)(c) ............... | C |
| | 84.11(3)(d) ............... | C |
(b) by adding after
the following:
| | 229.1(1) ............... | C |
| | 229.1(2) ............... | C |
(c) by adding after
| | 310.02(13) ............... | C |
the following:
| | 310.021(14) ............... | C |
15 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.