Bill 33 - An Act to Amend the Motor Vehicle Act

BILL 33

An Act to Amend the Motor Vehicle Act

His 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 following definitions:

“school zone”;

“urban district”;

(b) in the definition “speed limit” by striking out “local or other authority” and substituting “local authority”;

“school area” means that part of a highway designated as a school area by the Minister of Transportation and Infrastructure under section 140.2, a municipality under subsection 142(2) or a rural community or regional municipality under subsection 142(2.1); (aire scolaire)

“school zone” means that part of a highway designated as a school zone by the Minister of Transportation and Infrastructure under section 140.1, a municipality under subsection 142(2) or a rural community or regional municipality under subsection 142(2.1); (zone scolaire)

2 Section 2.2 of the Act is amended by striking out “subsections 140.1(2) and (3),” and substituting “subsections 140.1(1.1), (2) and (3), subsections 140.2(1) and (2),”.

3 Paragraph 110(2)(c) of the Act is repealed and the following is substituted:

4 Section 140 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

140( 1) Except as otherwise expressly provided in this Act and subject to subsections 140.1(1) and 142.01(1), no person shall drive a vehicle on a highway or a part of highway for which no signs giving notice of the maximum speed limit are erected at a speed in excess of,

(a) in a local authority,

( i) on a local highway as that term is defined in the Highway Act, 80 km/h, or

( ii) on any other highway, 50 km/h,

(b) the maximum speed limit prescribed in accordance with the provisions of section 141, or

(b) in subsection (1.2) of the English version by striking out “notwithstanding that he was not charged with committing an offence thereunder” and substituting “despite the fact that the alleged violator was not charged with committing an offence under that paragraph”.

5 The heading “Zones d’école” preceding section 140.1 of the French version of the Act is amended by striking out “d’école” and substituting “scolaires”.

6 Section 140.1 of the Act is amended

(a) in subsection (1)

( i) by repealing the portion preceding paragraph a) of the French version and substituting the following:

140.1( 1) Nul ne peut conduire un véhicule dans une zone scolaire entre 7 h 30 et 16 h pendant les jours de cours d’une école publique ou privée située à proximité de cette zone à une vitesse supérieure

( ii) in paragraph (a) by striking out “thirty kilometres per hour” and substituting “30 km/h”;

( iii) in paragraph (b) by striking out “speed limit” and substituting “maximum speed limit”;

( iv) by repealing paragraph (c) and substituting:

(b) by adding after subsection (1) the following:

140.1( 1.1) The Minister of Transportation and Infrastructure may, after conducting a technical evaluation based on Transportation Association of Canada guidelines and approved by a professional engineer, designate any part of a provincial highway that is in the vicinity of a public or private school as a school zone.

140.1( 2) After conducting a technical evaluation based on Transportation Association of Canada guidelines and approved by a professional engineer for the purposes of prescribing the maximum speed limit for a school zone designated under subsection (1.1), the Minister of Transportation and Infrastructure may prescribe any of the following maximum speed limits for the school zone:

(a) if the school zone is located in a municipality, a maximum speed limit that is higher than the maximum speed limit prescribed in paragraph (1)(a) but is no more than 20 km/h below the maximum speed limit for the part of the provincial highway before entering the school zone; or

(b) subject to subsection (2.2), if the school zone is located in a rural community, regional municipality or rural district, a maximum speed limit that is lower or higher than the maximum speed limit prescribed in paragraph (1)(c) but is no more than 20 km/h below the maximum speed limit for the part of the provincial highway before entering the school zone.

(d) by repealing subsection (2.1) and substituting the following:

140.1( 2.1) The maximum speed limit prescribed under subsection (2) for a school zone shall be in effect during the hours of 7:30 a.m. to 4 p.m. on the days during which a public school or private school in the vicinity of that school zone is in session.

(e) in subsection (2.2) by striking out “maximum speed that is lower than thirty kilometres per hour” and substituting “maximum speed limit that is lower than 30 km/h”;

(f) by repealing subsection (3) and substituting the following:

140.1( 3) The Minister of Transportation and Infrastructure shall erect signs marking the commencement and end of a school zone and signs giving notice of the maximum speed limit for the school zone prescribed in paragraph (1)(a) or (c) or subsection (2), as the case may be.

(g) by repealing subsection (4) and substituting the following:

140.1( 4) The signs referred to in subsection (3) shall face approaching traffic.

(h) in subsection (5)

( i) in paragraph (a) by striking out “twenty-five kilometres per hour” and substituting “25 km/h”;

( ii) in paragraph (b) by striking out “twenty-five kilometres per hour” and “fifty kilometres per hour” and substituting “25 km/h” and “50 km/h”, respectively;

( iii) in paragraph (c) by striking out “fifty kilometres per hour” and substituting “50 km/h”;

(i) in subsection (6) of the English version by striking out “notwithstanding that he was not charged with committing an offence thereunder” and substituting “despite the fact that the alleged violator was not charged with committing an offence under that paragraph”.

7 The Act is amended by adding after section 140.1 the following:

School areas

140.2( 1) The Minister of Transportation and Infrastructure may, after conducting a technical evaluation based on Transportation Association of Canada guidelines and approved by a professional engineer, designate any part of a provincial highway that is in the vicinity of a public or private school as a school area.

140.2( 2) The Minister of Transportation and Infrastructure shall erect signs that face approaching traffic marking the commencement and end of the school area.

140.2( 3) Despite section 51 or subsection 56(3), (5) or (8) of the Provincial Offences Procedure Act, if a person is convicted of an offence under paragraph 140(1.1)(a), (b) or (c) while driving in a school area, the minimum fine shall be double the minimum fine specified in the Provincial Offences Procedure Act for that category of offence.

8 Section 141 of the Act is amended

(a) in the portion preceding paragraph (a) by striking out “rate of maximum speed than the rate of speed” and substituting “maximum speed limit than the maximum speed limit”;

(b) in the portion following paragraph (b) of the English version by striking out “such rate of speed” and substituting “the maximum speed limit”.

9 Section 142 of the Act is amended

(a) in subsection (1) by striking out “rate of maximum speed than the rate of speed prescribed in paragraph 140(1)(a) for any highway or part of a highway within its bounds and under its jurisdiction, other than for a school zone or a construction zone, and such rate of speed” and substituting “maximum speed limit than the maximum speed limit prescribed in paragraph 140(1)(a) for any highway or part of a highway under its jurisdiction and located within its bounds, other than for a school zone or construction zone, and the maximum speed limit”;

(b) by repealing subsection (2) and substituting the following:

142( 2) Subject to subsection (5.1), a municipality may, by by-law, designate parts of highways under its jurisdiction and located within its bounds and in the vicinity of public or private schools as school zones or school areas and prescribe for a school zone a maximum speed limit that is higher than the maximum speed limit prescribed in paragraph 140.1(1)(a) but is no more than 20 km/h below the maximum speed limit for the part of the highway before entering the school zone.

142( 2.1) Subject to subsections (2.2) and (5.2), a rural community or regional municipality may, by by-law, designate parts of highways under its jurisdiction and located within its bounds and in the vicinity of public or private schools as school zones or school areas and prescribe for a school zone a maximum speed limit that is lower or higher than the maximum speed limit prescribed in paragraph 140.1(1)(c) but is no more than 20 km/h below the maximum speed limit for the part of the highway before entering the school zone.

(d) by adding the following after subsection (2.1):

142( 2.11) The maximum speed limit prescribed under subsections (2) and (2.1) for a school zone shall be in effect during the hours of 7:30 a.m. to 4 p.m. on the days during which a public school or private school in the vicinity of that school zone is in session.

(e) in subsection (2.2) by striking out “maximum speed that is lower than thirty kilometres per hour” and substituting “maximum speed limit that is lower than 30 km/h”;

(f) by repealing subsection (3) and substituting the following:

142( 3) A local authority shall erect signs marking the commencement and end of a school zone or school area and, in the case of a school zone, signs giving notice of the maximum speed limit for the school zone prescribed in paragraph 140.1(1)(a) or (c) or subsection (2) or (2.1), as the case may be.

(g) by repealing subsection (4) and substituting the following:

142( 4) The signs referred to in subsection (3) shall face approaching traffic.

(h) in subsection (5) by striking out “rate of maximum speed than the rate of speed” and substituting “maximum speed limit than the maximum speed limit”;

(i) in subsection (5.1) by striking out “rate of maximum speed than the rate of speed” and substituting “maximum speed limit than the maximum speed limit”;

(j) in subsection (5.2) by striking out “rate of maximum speed than the rate of speed” and substituting “maximum speed limit than the maximum speed limit”.

10 Section 142.01 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

142.01( 1) When a worker is present in a construction zone for which no signs giving notice of the maximum speed limit are erected, no person shall drive a vehicle in the construction zone at a speed in excess of

(a) 50 km/h in a municipality,

(b) the maximum speed limit prescribed in accordance with the provisions of section 141 or subsection (4), or

(b) in subsection (4) by striking out “rate of maximum speed than the rate of speed” and substituting “maximum speed limit than the maximum speed limit”;

( i) in paragraph (a) by striking out “twenty-five kilometres per hour” and substituting “25 km/h”;

( ii) in paragraph (b) by striking out “twenty-five kilometres per hour” and “fifty kilometres per hour” and substituting “25 km/h” and “50 km/h”, respectively;

( iii) in paragraph (c) by striking out “fifty kilometres per hour” and substituting “50 km/h”;

(d) in subsection (7) of the English version by striking out “notwithstanding that he was not charged with committing an offence thereunder” and substituting “despite the fact that the alleged violator was not charged with committing an offence under that paragraph”.

11 Section 142.1 of the English version of the Act is amended

(a) in subsection (3) by striking out “he or she may determine” and substituting “the Minister of Transportation and Infrastructure may determine”;

(b) in subsection (5) by striking out “he or she may determine” and substituting “the Minister of Transportation and Infrastructure may determine”;

142.1( 7) The Minister of Transportation and Infrastructure may, in the discretion of the Minister of Transportation and Infrastructure, revoke or suspend a permit issued or renewed under this section and may reinstate a suspended permit subject to any terms and conditions as the Minister of Transportation and Infrastructure may determine.

12 Section 143 of the Act is amended

(a) in subsection (1)

( i) in the portion preceding paragraph (a) by striking out “sections 140, 140.1, 142” and substituting “sections 140, 142”;

( ii) in paragraph (a) by striking out “within its jurisdiction” and substituting “on a highway under its jurisdiction and located within its bounds”;

(b) in paragraph (3)(c)

( i) in the portion preceding subparagraph (i) by striking out “an urban district” and substituting “a local authority”;

( ii) in subparagraph (i) by striking out “such urban district” and substituting “the local authority”;

( iii) in subparagraph (ii) by striking out “urban district” wherever it appears and substituting “local authority”.

13 Section 145 of the Act is amended by striking out “sixty kilometres per hour” and substituting “60 km/h”.

14 Section 146 of the Act is amended

(a) in subsection (1) by striking out “twenty kilometres per hour” and substituting “20 km/h”;

(b) in subsection (2) of the English version by striking out “he” wherever it appears and substituting “the Minister of Transportation and Infrastructure”.

15 Subsection 152(3) of the Act is amended by striking out “an urban district” and substituting “a local authority”.

16 Section 157 of the Act is amended

(a) in subsection (2) by striking out “an urban district, and when following a commercial vehicle, or truck, or a motor vehicle drawing another vehicle, unless he intends to overtake and pass the vehicle ahead, shall, if conditions permit, have not less than sixty metres between his vehicle” and substituting “a local authority, and when following a commercial vehicle, a truck or a motor vehicle drawing another vehicle, unless the driver intends to overtake and pass the vehicle ahead, shall, if conditions permit, have not less than 60 m between the driver’s vehicle”;

(b) in subsection (3) by striking out “an urban district, and when following another motor vehicle, unless he intends to overtake and pass the vehicle ahead, shall drive at a sufficient distance behind the motor vehicle next in front of him” and substituting “a local authority, and when following another motor vehicle, unless the driver intends to overtake and pass the vehicle ahead, shall drive at a sufficient distance behind the motor vehicle next in front of the driver”.

17 Section 192 of the Act is amended

(a) in subsection (1) in the portion preceding paragraph (a) by striking out “an urban district” and substituting “a local authority”;

(b) in subsection (5) of the English version by striking out “his custody” and substituting “the officer’s custody”.