BILL 10
An Act Respecting Motorcycle Safety
His Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Motor Vehicle Act
1( 1) Subsection 15(1) of the Motor Vehicle Act, chapter M-17 of the Revised Statutes, 1973, is amended
(a) in paragraph (f) by striking out “and” at the end of the paragraph;
(b) in paragraph (g) by striking out the period at the end of the paragraph and substituting a comma followed by “and”;
(c) by adding after paragraph (g) the following:
(h) to require the driver and any passenger on a motorcycle to remove the helmets and any face coverings they are wearing and submit the helmets for inspection to determine whether the helmets conform with the standards prescribed by regulation.
1( 2) Subsection 30(2) of the Act is repealed and the following is substituted:
30( 2) A registration plate shall, at all times,
(a) be securely fastened to the vehicle for which it is issued so as to prevent the plate from swinging,
(b) be fastened in a horizontal position at a height of at least 30 cm from the ground measuring from the bottom of the plate,
(c) be in a place and position so that the plate is clearly visible, and
(d) be maintained free from foreign materials and in a condition so that the plate is clearly legible to a person on the highway in front or in rear of the vehicle.
1( 3) The heading “Motorcycle passengers” preceding section 199 of the Act is repealed and the following is substituted:
Operation of a motorcycle
1( 4) Subsection 199(1) of the Act is repealed and the following is substituted:
199( 1) A person operating a motorcycle shall
(a) keep both hands on the handle bars of the motorcycle, except when giving a signal in accordance with section 163 or 164,
(b) keep both feet on the pedals or footrests of the motorcycle,
(c) ride in a seated position on the permanent and regular seat attached to the motorcycle,
(d) ensure that the handle bars are firmly secured and no higher than the top of their shoulders when sitting on the seat, and
(e) not carry any other person on a motorcycle unless the motorcycle is designed to carry a passenger, in which case the driver shall ensure that the passenger rides in a seated position on a permanent and regular seat intended for a passenger or in a sidecar.
1( 5) Section 212 of the Act is amended by adding after paragraph (a) the following:
(a.1) on every motorcycle, there shall be a fender, mud flap or other device that effectively reduces the spray or splash of water and the throwing of mud or slush to the rear of the motorcycle;
1( 6) Section 229 of the Act is repealed and the following is substituted:
Motorcycle helmet
229( 1) No person shall drive a motorcycle or ride as a passenger on a motorcycle unless the person is wearing a helmet that complies with the standards prescribed by regulation and that is securely held in position on the person’s head by the straps and fasteners supplied by the manufacturer.
229( 2) After coming to a safe stop when requested to do so by a peace officer, the driver of a motorcycle and any passenger on the motorcycle shall, on the request of the peace officer, remove the helmets and any face coverings they are wearing and submit the helmets for inspection by the peace officer to determine whether the helmets conform with the standards prescribed by regulation.
229( 3) Any driver or passenger of a motorcycle who refuses to remove their helmet or face covering when requested to do so by a peace officer under subsection (2) commits an offence.
1( 7) Section 237 of the Act is repealed and the following is substituted:
Mirrors
237( 1) A motor vehicle shall be equipped with a mirror located and adjusted to reflect to the driver without obstruction by any part of the vehicle or load on the vehicle a view of the highway for a distance of at least 60 m to the rear of the vehicle.
237( 2) In addition to complying with the requirements set out in subsection (1), a motorcycle shall be equipped with two mirrors, one on each side of the motorcycle, that are securely attached to the motorcycle.
237( 3) The mirrors referred to in subsection (2) shall conform to the version of the Canada Motor Vehicle Safety Standard 111 set out in the Motor Vehicle Safety Regulations made under the Motor Vehicle Safety Act (Canada) that was in effect at the time the motorcycle was manufactured.
1( 8) Clause 265.071(1)(b)(iii)(B) of the Act is amended by striking out “was at a height of less than 30 centimeters” and substituting “was not fastened in a horizontal position at a height of at least 30 cm”.
1( 9) Schedule A of the Act is amended
(a) by striking out
and substituting the following:
| | 199(1)(a)............... | C | |
| | 199(1)(b)............... | C | |
| | 199(1)(c)............... | C | |
| | 199(1)(d)............... | C | |
| | 199(1)(e)............... | C | |
(b) by striking out
and substituting the following:
| | 229(1)............... | C | |
| | 229(3)............... | C | |
Regulation under the Provincial Offences Procedure Act
2( 1) Schedule A of New Brunswick Regulation 91-50 under the Provincial Offences Procedure Act is amended in the portion for the Motor Vehicle Act
(a) by adding after
198 | | backing vehicle unlawfully |
the following:
199(1)(a) | | unsafe operation of motorcycle |
199(1)(b) | | unsafe operation of motorcycle |
199(1)(c) | | unsafe operation of motorcycle |
199(1)(d) | | unsafe operation of motorcycle |
199(1)(e) | | unsafe operation of motorcycle |
(b) by striking out
229 | | failing to wear lawful helmet |
and substituting the following:
229(1) | | failing to wear lawful helmet |
229(3) | | failure to comply with request to remove helmet or face covering |
2( 2) Schedule B of the Regulation is amended in the portion for the Motor Vehicle Act
(a) by adding after
198 | | backing vehicle unlawfully |
the following:
199(1)(a) | | unsafe operation of motorcycle |
199(1)(b) | | unsafe operation of motorcycle |
199(1)(c) | | unsafe operation of motorcycle |
199(1)(d) | | unsafe operation of motorcycle |
199(1)(e) | | unsafe operation of motorcycle |
(b) by striking out
229 | | failing to wear lawful helmet |
and substituting the following:
229(1) | | failing to wear lawful helmet |
229(3) | | failure to comply with request to remove helmet or face covering |