BILL 51
An Act Respecting Image-capturing Enforcement Systems
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Motor Vehicle Act
1( 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:
“image-capturing enforcement system” means any device that is provided for by regulation; (système de saisie d’images)
“photograph” means any form of electronically recorded image and includes a reproduction or enlargement of all or part of a photograph; (photo)
1( 2) Subsection 7(2) of the Act is amended by adding after paragraph (c.1) the following:
c.2that a sticker or stickers have been issued under subsection 31(1) on the date specified in the certificate,
1( 3) The Act is amended by adding after section 68 the following:
Registration plate visibility
68.1 No person shall operate a vehicle on a highway if any registration plate required to be displayed under this Act, or any portion of the registration plate, is obscured in any manner that prevents or is capable of preventing an image-capturing enforcement system from accurately photographing or capturing the registration plate or any of the numbers or letters on the registration plate.
1( 4) The Act is amended by adding after section 119 the following:
Traffic control signals – image-capturing enforcement system evidence
119.1( 1) Despite section 119, this section applies when evidence is obtained through the use of an image-capturing enforcement system.
119.1( 2) Except when otherwise directed by a peace officer, drivers shall obey the instructions exhibited from a traffic control signal exhibiting the word “Go” or “Passez”, “Caution” or “Attention” or “Stop” or “Arrêt”, or exhibiting different coloured lights successively, one at a time or in combination or with arrows, in accordance with the following provisions:
awhen a green light alone or “Go” or “Passez” is exhibited, the driver of a vehicle facing the signal may proceed straight through or turn right or left unless a sign at that place prohibits either turn, but shall yield the right-of-way to other vehicles or to pedestrians lawfully within the intersection or on an adjacent crosswalk at the time the signal is exhibited;
bwhen a yellow or amber light alone or “Caution” or “Attention” is exhibited immediately following the green or “Go” or “Passez” signal, the driver of a vehicle facing the signal is warned by the signal that the red light or “Stop” or “Arrêt” signal will be exhibited immediately afterward, and the driver shall not enter the intersection unless the driver is so close to the intersection that it is impossible to stop before entering it;
cwhen a red light alone or “Stop” or “Arrêt” is exhibited, the driver of a vehicle that is approaching an intersection and facing the signal shall bring their vehicle to a full stop at a clearly marked Stop line, or if none, then immediately before entering the crosswalk on the near side of the intersection, or if none, then immediately before entering the intersection, and shall not enter the intersection until the green light alone or “Go” or “Passez” is exhibited, but the driver may cautiously enter the intersection for the purpose of making a right turn after bringing their vehicle to a full stop, and shall yield the right-of-way to pedestrians lawfully within a crosswalk and to other traffic lawfully using the intersection; and
dwhen a yellow or amber light is exhibited in conjunction with a red light, the driver of a vehicle facing the signal shall stop and leave their vehicle standing as required by paragraph (c).
1( 5) The heading “Idem” preceding section 120 of the Act is repealed and the following is substituted:
Special pedestrian-control signals
1( 6) The Act is amended by adding after section 140 the following:
Maximum speed – image-capturing enforcement system evidence
140.01( 1) When evidence is obtained through the use of an image-capturing enforcement system, any person who violates the provisions of subsection 140(1)
aby driving at a speed of 25 kilometres per hour or less in excess of a speed limit referred to in that subsection commits an offence,
bby driving at a speed of more than 25 kilometres per hour but not more than 50 kilometres per hour in excess of a speed limit referred to in that subsection commits an offence, or
cby driving at a speed of more than 50 kilometres per hour in excess of a speed limit referred to in that subsection commits an offence.
140.01( 2) In a prosecution for an offence under paragraph (1)(b), when the offence is not proven but evidence is adduced of facts which would constitute an offence under paragraph (1)(a), the alleged violator may be convicted of an offence under paragraph (1)(a) even though they were not charged with committing an offence under that paragraph.
1( 7) Subsection 143(3) of the Act is amended in the portion preceding paragraph (a) by striking out “sections 140,” and substituting “sections 140, 140.01,”.
1( 8) The Act is amended by adding after section 188 the following:
Stopped school bus – image-capturing enforcement system evidence
188.1( 1) Despite section 188, this section applies when evidence is obtained through the use of an image-capturing enforcement system.
188.1( 2) The driver of a motor vehicle meeting or overtaking a stopped school bus on a highway when flashing red lights are displayed on the school bus shall bring the motor vehicle to a stop at not less than five metres from the school bus and shall not pass the school bus until it is again in motion or the flashing red lights cease to be displayed.
188.1( 3) Subsection (2) does not apply to the driver of a motor vehicle meeting a school bus displaying flashing red lights on a highway divided by a median.
188.1( 4) Despite section 51 and subsection 56(5) of the Provincial Offences Procedure Act, when a person is convicted of an offence under subsection (2), the minimum fine shall be double the minimum fine specified in the Provincial Offences Procedure Act for that category of offence.
188.1( 5) The flashing lights referred to in subsection (2), and mounted on a vehicle painted yellow, shall consist of two alternately flashing red lights visible to the front and two alternately flashing red lights visible to the rear.
1( 9) The Act is amended by adding after section 265.05 the following:
PART IV.02
IMAGE-CAPTURING ENFORCEMENT SYSTEMS
Use of image-capturing enforcement system authorized
265.06 An image-capturing enforcement system may be used in accordance with this Part and the regulations made for the purposes of this Part in determining whether a driver has violated the following provisions:
aparagraph 17(1)(a);
bparagraph 17(1)(b);
cparagraph 17(1)(c);
dsection 68;
esubsection 119.1(2);
fparagraph 140.01(1)(a);
gparagraph 140.01(1)(b);
hparagraph 140.01(1)(c); and
isubsection 188.1(2).
Form and content
265.061 The form and content of a photograph obtained through the use of an image-capturing enforcement system, including information that may or shall be shown or superimposed on the photograph, shall comply with the requirements under the Provincial Offences Procedure Act.
Image-capturing enforcement system evidence
265.062 A photograph obtained through the use of an image-capturing enforcement system shall be received in evidence in a proceeding under the Provincial Offences Procedure Act respecting an alleged offence under paragraph 17(1)(a), (b) or (c), section 68, subsection 119.1(2), paragraph 140.01(1)(a), (b) or (c) or subsection 188.1(2).
Certification of photograph
265.07 A photograph that purports to be certified by a peace officer as having been obtained through the use of an image-capturing enforcement system shall be received in evidence as proof, in the absence of evidence to the contrary, that the photograph was obtained through the use of an image-capturing enforcement system.
Use at trial
265.071( 1) In the absence of evidence to the contrary, a photograph of a vehicle obtained through the use of an image-capturing enforcement system is proof of the following:
ain the case of an alleged offence under paragraph 17(1)(a), (b) or (c), section 68, subsection 119.1(2), paragraph 140.01(1)(a), (b) or (c) or subsection 188.1(2), that the information shown or superimposed on the photograph in accordance with the Provincial Offences Procedure Act is true;
bin the case of an alleged offence under section 68, that any one or more of the following has occurred:
( i) if a registration plate was issued under paragraph 29(1)(a), that the registration plate was not attached to the vehicle in the rear, contrary to subsection 30(1);
( ii) if registration plates were issued under paragraph 29(1)(b), that the registration plates were not attached to the vehicle, one in the front and the other in the rear, contrary to subsection 30(1);
( iii) if a registration plate is attached to the vehicle, contrary to subsection 30(2), that the registration plate
( A) was not securely fastened to the vehicle for which it is issued so as to cause the plate to swing,
( B) was at a height of less than 30 centimeters from the ground measuring from the bottom of the plate,
( C) was not in a place and position to be clearly visible, or
( D) was not maintained free from foreign materials and in a condition to be clearly legible to a person on the highway in front or in rear of the vehicle;
cin the case of an alleged offence under subsection 119.1(2), that the driver of the vehicle did not obey the instructions exhibited by a traffic control signal exhibiting the word “Go” or “Passez”, “Caution” or “Attention” or “Stop” or “Arrêt”, or exhibiting different coloured lights successively, one at a time or in combination or with arrows, contrary to paragraph 119.1(2)(a), (b), (c) or (d);
din the case of an alleged offence under paragraph 140.01(1)(a), (b) or (c), that the driver of the vehicle drove the vehicle on a highway at a speed in excess of the speed limit referred to in paragraph 140(1)(a), (b) or (c), as the case may be; and
ein the case of an alleged offence under subsection 188.1(2), that the driver of the motor vehicle
( i) did not stop the vehicle at least 5 metres from a school bus, or
( ii) passed a school bus before the school bus was again in motion or before the flashing red lights ceased to be displayed.
265.071( 2) No person who has entered a plea of not guilty at trial shall be convicted of an offence on the basis of a photograph obtained through the use of an image-capturing enforcement system unless the photograph is tendered in evidence at trial.
Restrictions on use of photographs
265.08 A photograph of a vehicle is admissible in evidence only if the image-capturing enforcement system used to take the photograph was operated by or on behalf of a peace officer for the purposes of this Act.
Tampering prohibited
265.081 No person, other than a peace officer or other person acting in the course of their duties, shall move, tamper with, obstruct, interfere with or wilfully deface or destroy an image-capturing enforcement system.
Liability of registered owner or lessee
265.09( 1) When evidence is obtained through the use of an image-capturing enforcement system, unless the registered owner establishes that another person was operating the vehicle, the registered owner of the vehicle shall be guilty of a violation of any of the following provisions committed by any person operating the vehicle:
aparagraph 17(1)(a);
bparagraph 17(1)(b);
cparagraph 17(1)(c);
dsection 68;
esubsection 119.1(2);
fparagraph 140.01(1)(a);
gparagraph 140.01(1)(b);
hparagraph 140.01(1)(c); and
isubsection 188.1(2).
265.09( 2) Despite subsection (1), when evidence is obtained through the use of an image-capturing enforcement system, if the registration certificate for a vehicle respecting which a violation referred to in that subsection is committed shows the name and address of a lessee of the vehicle as provided for in section 27.1, unless the lessee establishes that another person was operating the vehicle, the lessee of the vehicle shall be guilty of a violation of any of the following provisions committed by any person operating the vehicle:
aparagraph 17(1)(a);
bparagraph 17(1)(b);
cparagraph 17(1)(c);
dsection 68;
esubsection 119.1(2);
fparagraph 140.01(1)(a);
gparagraph 140.01(1)(b);
hparagraph 140.01(1)(c); and
isubsection 188.1(2).
265.09( 3) A lessee charged with a violation under subsection (2) may be charged as the principal offender, but the information shall show that the charge is laid under paragraph (2)(a), (b), (c), (d), (e), (f), (g), (h) or (i), as the case may be.
265.09( 4) Despite section 362, proof that any person is or was, on a date stated in the proof, shown on a registration certificate as provided for in section 27.1 as the lessee of a vehicle respecting which a violation is alleged to have been committed on the same date under subsection (2) shall be, in the absence of evidence to the contrary, proof that the person was operating the vehicle at the time of the alleged violation.
Regulations
265.091 The Lieutenant-Governor in Council may make regulations
aproviding for devices for the purpose of the definition “image-capturing enforcement system”;
bprescribing different categories of image-capturing enforcement systems and determining their features and functions;
cspecifying a test or tests for ascertaining that an image-capturing enforcement system is in proper working order and when testing shall be conducted;
dauthorizing individual local authorities, and peace officers on behalf of individual local authorities or the government, to use image-capturing enforcement systems;
egoverning the use of image-capturing enforcement systems by local authorities and by peace officers on behalf of local authorities or the government.
1( 10) Section 297 of the Act is amended
aby adding the following after subsection (2):
297( 2.01) Despite subsection (2), when evidence of an offence is obtained through the use of an image-capturing enforcement system, the Registrar shall not assess any points against the registered owner or lessee of a vehicle on conviction of an offence under any of the following provisions:
asubsection 119.1(2);
bparagraph 140.01(1)(a), (b) or (c); and
csubsection 188.1(2).
bby repealing subsection (2.2).
1( 11) Schedule A of the Act is amended
aby adding after
the following:
bby adding after
the following:
| | 119.1(2)............... | C | |
cby adding after
the following:
| | 140.01(1)(a)............... | C | |
| | 140.01(1)(b)............... | E | |
| | 140.01(1)(c)............... | H | |
dby adding after
the following:
| | 188.1(2)............... | E | |
eby adding after
| | 261(4.1) ............... | E | |
the following:
Provincial Offences Procedure Act
2( 1) Subsection 1(1) of the Provincial Offences Procedure Act, chapter P-22.1 of the Acts of New Brunswick, 1987, is amended by adding the following definition in alphabetical order:
“image-capturing enforcement system” means an image-capturing enforcement system as defined in the Motor Vehicle Act; (système de saisie d’images)
2( 2) The Act is amended by adding after section 11 the following:
Service of ticket – image-capturing enforcement system ticket
11.1( 1) Despite subsection 11(1), when evidence is obtained through the use of an image-capturing enforcement system in accordance with the Motor Vehicle Act, a ticket shall be served using registered mail to the registered owner of the vehicle, or to the lessee of the vehicle, as the case may be, at the address for that person on record with the Registrar of Motor Vehicles at the time of the offence.
11.1( 2) A ticket referred to in subsection (1) shall be mailed within 14 days after the date of the offence.
11.1( 3) A ticket referred to in subsection (1) shall be accompanied by a photograph of the alleged offence generated by an image-capturing enforcement system, which shall be in the form prescribed by regulation.
11.1( 4) Service of a ticket by registered mail in accordance with this section shall be deemed to be effected on the tenth day following the date of mailing.
11.1( 5) A ticket referred to in subsection (1) shall be accompanied by a notice of prosecution corresponding to the ticket in prescribed form, which shall
aname the defendant, and
bso far as concerns the matters set out in paragraphs 10(1)(b) and (c), be in a form substantially similar to that prescribed for a ticket.
2( 3) Paragraph 16(2)(a) of the Act is repealed and the following is substituted:
ain respect of the service of the ticket to which the notice of prosecution corresponds, that
( i) if the ticket was served under section 11, the person signing the certificate delivered personally the ticket to the defendant, or
( ii) if the ticket was served under section 11.1, the person signing the certificate mailed the ticket to the defendant by registered mail, and
2( 4) Paragraph 16.3(1)(j) of the Act is repealed and the following is substituted:
jinclude a certificate in prescribed form certifying that the person signing and dating the certificate
( i) delivered personally the violation ticket to the defendant, or
( ii) mailed the violation ticket by registered mail to the defendant, if evidence was obtained through the use of an image-capturing enforcement system.
2( 5) The Act is amended by adding after section 16.4 the following:
Service of violation ticket – image-capturing enforcement system ticket
16.41( 1) Despite section 16.4, when evidence is obtained through the use of an image-capturing enforcement system in accordance with the Motor Vehicle Act, a violation ticket shall be served by registered mail to the registered owner of the vehicle, or to the lessee of the vehicle, as the case may be, at the address for that person on record with the Registrar of Motor Vehicles at the time of the offence.
16.41( 2) A violation ticket referred to in subsection (1) shall be mailed within 14 days after the date of the offence.
16.41( 3) A violation ticket referred to in subsection (1) shall be accompanied by a photograph of the alleged offence generated by the image-capturing enforcement system, which shall be in the form prescribed by regulation.
16.41( 4) Service of a violation ticket by registered mail in accordance with this section shall be deemed to be effected on the tenth day following the day on which it was mailed.
16.41( 5) The person who serves a violation ticket in accordance with subsection (1) shall sign and date the certificate referred to in paragraph 16.3(1)(j).
2( 6) Section 16.6 of the Act is amended
aby adding after subsection (2) the following:
16.6( 2.1) For the purposes of section 16.41, a violation ticket that is created, completed and signed electronically shall be reproduced, by printing a copy of the ticket in accordance with the requirements prescribed by regulation, and mailed to the defendant by registered mail.
bin subsection (5) by adding “ or 16.41(5), as the case may be,” after “subsection 16.4(2)”.
2( 7) Paragraph 16.92(1)(a) of the Act is repealed and the following is substituted:
athe certificate referred to in paragraph 16.3(1)(j) is signed and dated
( i) by the person who delivered the violation ticket, or
( ii) by the person who mailed the violation ticket by registered mail, if evidence was obtained through the use of an image-capturing enforcement system,
2( 8) Subsection 101(3) of the Act is repealed and the following is substituted:
101( 3) Despite paragraph (2)(a), a ticket served under subsection 11(1), a violation ticket served under subsection 16.4(1) and an appearance notice may be served only by delivery to a person personally.
2( 9) Subsection 146(1) of the Act is amended by adding after paragraph (d) the following:
d.1prescribing the requirements as to the form and content of a photograph for the purpose of subsections 11.1(3) and 16.41(3), including, but not limited to, information that may or shall be shown or superimposed on a photograph;
An Act to Amend the Motor Vehicle Act, chapter 2 of the Acts of New Brunswick, 2020
3( 1) Section 9 of An Act to Amend the Motor Vehicle Act, chapter 2 of the Acts of New Brunswick, 2020, is repealed.
3( 2) The heading “CONDITIONAL AMENDMENTS, REPEAL AND COMMENCEMENT” preceding section 21 of the Act is amended by striking out “CONDITIONAL AMENDMENTS, ”.
3( 3) Section 21 of the Act is repealed.
Commencement
4 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.