BILL 13
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:
“vehicle-for-hire company” means a person who uses or offers a technology platform to facilitate the offer of vehicle-for-hire services; (société de voiturage)
“vehicle-for-hire service” means a service consisting of the prearranged transportation of passengers for compensation offered by a driver of a private passenger vehicle through a vehicle-for-hire company; (voiturage)
2 Section 89 of the Act is amended
aby repealing subsection (1) and substituting the following:
89( 1) The Minister shall designate examiners who shall examine every applicant for a licence, except as otherwise provided in this section, and the examination shall consist of a test of the applicant’s eyesight, a test of the applicant’s knowledge of the traffic laws of the Province and ability to read and understand highway signs regulating, warning, and directing traffic, and a road test.
bin subsection (5) of the English version
( i) in paragraph (a)
( A) in subparagraph (i) by striking out “his” and substituting “their”;
( B) in subparagraph (ii) by striking out “his” and substituting “their”;
( ii) by repealing paragraph (b) and substituting the following:
bhas in their immediate possession a valid licence issued to them in their home province or state,
cby adding after subsection (5) the following:
89( 6) The Lieutenant-Governor in Council may make regulations exempting any applicant for a licence from the requirement to complete any test referred to in subsection (1), which exemption may vary for different classes of licences and for different types of vehicles that the licence authorizes the holder of the licence to drive.
3 The Act is amended by adding after the heading “GENERAL” preceding section 198 the following:
Vehicle-for-hire company
197.1 No vehicle-for-hire company shall carry on business or facilitate the offer of vehicle-for-hire services within the territorial limits of a local authority unless authorized to do so by the local authority.
4 Subsection 265.04(2) of the Act is amended
aby adding after paragraph (b) the following:
b.1who is operating on a highway a private passenger vehicle while providing a vehicle-for-hire service,
bin paragraph (c) of the English version by striking out “his or her” and substituting “their”.
CONSEQUENTIAL AMENDMENTS
Cannabis Control Act
5 The Cannabis Control Act, chapter 2 of the Acts of New Brunswick, 2018, is amended
ain section 2 by adding the following definitions in alphabetical order:
“private passenger vehicle” means a private passenger vehicle as defined in the Motor Vehicle Act. (voiture particulière)
“vehicle-for-hire service” means a vehicle-for-hire service as defined in the Motor Vehicle Act. (voiturage)
bby adding after subsection 7(5) the following:
7( 5.1) When providing a vehicle-for-hire service, the operator of a private passenger vehicle shall not transport cannabis unless the cannabis is in the possession of a passenger.
cin Schedule A by adding after
the following:
Regulations under the Motor Vehicle Act
6( 1) New Brunswick Regulation 83-42 under the Motor Vehicle Act is amended
ain subsection 22(1)
( i) in the English version in the portion preceding paragraph (a) by striking out “him” and substituting “them”;
( ii) in subparagraph (e)(ii) by striking out “except an ambulance” and substituting “except a private passenger vehicle while providing a vehicle-for-hire service, an ambulance”;
( iii) by adding after subparagraph (f)(i) the following:
( i.1) any private passenger vehicle while providing a vehicle-for-hire service,
bin section 27
( i) in subsection (1)
( A) in subparagraph (a)(iv) of the English version by striking out “his” and substituting “their”;
( B) in subparagraph (c)(ii) of the English version by striking out “his” and substituting “their”;
( C) by repealing paragraph (d) and substituting the following:
dan applicant for a Class 4 or 3/4 driver’s licence
( i) shall meet the conditions established for a Class 1 or 2 driver’s licence except for subparagraph (a)(i), in which case the loss of a hand, arm, foot or leg is not a contraindication to a Class 4 or 3/4 licence if it can be determined by a driver’s examination that the impairment, without the use of compensating equipment, does not interfere with the safe operation of a motor vehicle provided that when a mechanical device is required to compensate for any impairment referred to in this paragraph, a restricted Class 4 or 3/4 licence may be issued to an applicant so equipped; and
( ii) when applying for a Class 4 driver’s licence for the purpose of providing vehicle-for-hire services, shall not have had their driver’s licence revoked or their driving privileges suspended in the five years preceding the date of the application for the licence;
( ii) in subsection (2) of the English version
( A) in paragraph (a) by striking out “he” and substituting “the Minister”;
( B) in paragraph (b) by striking out “he has” wherever it appears and substituting “they have”;
( iii) in subsection (3) of the English version by striking out “himself” and substituting “the Minister”;
cby adding after section 27 the following:
27.0001 Any applicant applying for a class 4 driver’s licence for the purpose of providing vehicle-for-hire services is exempt from the requirement to complete the following tests referred to in subsection 89(1) of the Act:
aa test of the applicant’s knowledge of the traffic laws of the Province and ability to read and understand highway signs regulating, warning, and directing traffic; and
ba road test.
6( 2) Section 4 of New Brunswick Regulation 83-163 under the Motor Vehicle Act is amended
aby adding after paragraph (a) the following:
a.1a driver of a private passenger vehicle while transporting a passenger under the age of 16 years in the course of providing a vehicle-for-hire service;
bin paragraph (b) of the English version by striking out “his or her” and substituting “their”;
cin paragraph (c) of the English version by striking out “his or her” and substituting “their”.
6( 3) New Brunswick Regulation 83-185 under the Motor Vehicle Act is amended
ain section 6
( i) in paragraph (4)(c) by striking out “section 3.2 or 4.01” and substituting “subsection 3.11(1) or section 3.2 or 4.01”;
( ii) in subsection (6) of the English version by striking out “his” and substituting “the Registrar’s”;
bin subsection 7(1)
( i) in paragraph (a) by striking out “private passenger vehicle” and substituting “private passenger vehicle, other than a private passenger vehicle that is used to provide vehicle-for-hire services,”;
( ii) by adding after paragraph (a) the following:
a.1for an inspection of a private passenger vehicle that is used to provide vehicle-for-hire services, a fee of $35;
6( 4) New Brunswick Regulation 84-145 under the Motor Vehicle Act is amended
ain section 3 in the portion preceding paragraph (a) by striking out “section 4.5” and substituting “sections 3.11 and 4.5”;
bby adding after section 3.1 the following:
3.11( 1) A private passenger vehicle that is used to provide vehicle-for-hire services shall bear a valid certificate of inspection and shall be tested at least once every 12 months.
3.11( 2) Before being used to provide vehicle-for-hire services, a private passenger vehicle that bears a valid certificate of inspection that is valid for more than 12 months shall be tested and shall bear a new certificate of inspection.
3.11( 3) Subject to the Act and the regulations under the Act, a private passenger vehicle that bears a valid certificate of inspection that is valid for 12 months or less may be used to provide vehicle-for-hire services until the expiry of the certificate of inspection and, on the expiry of the certificate, subsection (1) applies.
Regulation under the Provincial Offences Procedure Act
7 New Brunswick Regulation 91-50 under the Provincial Offences Procedure Act is amended
ain paragraph 3(1)(a.012) by striking out “subsection 7(4), (5) or (7)” and substituting “subsection 7(4), (5), (5.1) or (7)”;
b in Schedule A in the portion for the Cannabis Control Act by adding after
7(5) | | unlawfully transporting cannabis by taxicab |
the following:
7(5.1) | | unlawfully transporting cannabis by a private passenger vehicle while providing a vehicle-for-hire service |