BILL 113

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

(a)  by repealing the definition “bicycle” and substituting the following:

“bicycle” means every device propelled by human power on which any person may ride, having two tandem wheels, including any other device prescribed by regulation, but does not include any device excluded by regulation; (bicyclette)

(b)  in the definition “vehicle” by striking out “highway excepting devices moved by human power or used exclusively upon stationary rails or tracks” and substituting “highway, but does not include devices moved by human power, used exclusively upon stationary rails or tracks or excluded by regulation”.

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

 Regulations

2.01 The Lieutenant-Governor in Council may make regulations prescribing devices excluded from the definition “vehicle”.

3 The heading “Right and duties” preceding section 176 of the Act is repealed.

4 Section 176 of the Act is repealed.

5 The heading “Prohibitions, regulations” preceding section 177 of the Act is repealed.

6 Section 177 of the Act is repealed.

7 The heading “Where to ride” preceding section 179 of the Act is repealed.

8 Section 179 of the Act is repealed.

9 The heading “Carrying item” preceding section 180 of the Act is repealed.

10 Section 180 of the Act is repealed.

11 The heading “Lamp, audible signal, brakes” preceding section 181 of the Act is repealed.

12 Section 181 of the Act is repealed.

13 The Act is amended by adding before section 181.1 the following:

Regulations – bicycles

181.01( 1) The Lieutenant-Governor in Council may make regulations

(a)  prescribing devices included in or excluded from the definition “bicycle”;

(b)  regulating the operation of bicycles;

(c)  establishing qualifications required or criteria required to be met to operate a bicycle;

(d)  prescribing the rights and duties of persons operating a bicycle;

(e)  regulating or prohibiting any activity of a person operating a bicycle;

(f)  prescribing prohibited or required equipment and accessories for bicycles;

(g)  prescribing the means by which signals may be given by a person operating a bicycle;

(h)  requiring the use of helmets by persons operating bicycles and prescribing standards and specifications for helmets, including the marking of helmets;

(i)  prescribing the obligations of a parent or guardian of a person under the age of 16 years with respect to the operation of a bicycle by that person;

(j)  exempting, with or without conditions, bicycles or persons operating bicycles from the application of any provision of this Act;

(k)  prescribing standards and specifications for bicycles;

(l)  providing for the application of any provision of this Act to bicycles with the necessary modifications.

181.01( 2) The regulations made under subsection (1) may apply differently to different classes of bicycles.

181.01( 3) Despite subsection 344(2), in respect of offences under the regulations made under subsection (1), the Lieutenant-Governor in Council may make regulations

(a)  prescribing categories of offences for the purposes of Part 2 of the Provincial Offences Procedure Act;

(b)  prescribing penalties for the offences, including minimum and maximum penalties.

181.01( 4) A person who violates or fails to comply with a provision of the regulations in respect of which a category has been prescribed by regulation commits an offence of the category prescribed by regulation.

14 The heading “Motor driven cycles” preceding section 181.1 of the Act is repealed and the following is substituted:

Regulations – motor driven cycles

15 Subsection 344(1) of the Act is amended by striking out “Subject to subsections (2) and (3), a” and substituting “A”.

16 Schedule A of the Act is amended

(a)  by striking out the following:

	177(1) ...............			B
	177(2) ...............			B

(b)  by striking out the following:

	179(1) ...............			B
	179(2) ...............			B
	179(3) ...............			B
	180...............			C
	181(1) ...............			B
	181(2) ...............			B
	181(3) ...............			B

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