BILL 11

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 by adding the following definition in alphabetical order:

“forest road” means a forest road as defined in the Crown Lands and Forests Act; (chemin de forêt)

2 Subsection 21(1) of the Act is amended by adding after paragraph (b.1) the following:

(b.2)  any vehicle or combination of vehicles operated or moved on a forest road under a special permit issued or renewed by the Minister of Natural Resources under section 261.1,

3 Subsection 251(3) of the Act is amended by striking out “261” and substituting “261 or 261.1”.

4 Subsection 261(2) of the French version of the Act is amended by striking out “accompagnée des renseignements” and substituting “renferme les renseignements”.

5 The Act is amended by adding after section 261 the following:

Special permit – forest roads

261.1( 1) Despite section 2.1, the Minister of Natural Resources is responsible for the administration of this section and may designate one or more persons to act on the Minister of Natural Resource’s behalf.

261.1( 2) The Minister of Natural Resources may, on application, issue or renew a special permit authorizing a person to operate or move on a forest road a vehicle or combination of vehicles

(a)  of any size, with or without load, exceeding the maximum specified in this Act or the regulations,

(b)  of a gross mass or a mass per axle or combination of axles exceeding the maximum specified in this Act or the regulations,

(c)  that is not a type of vehicle or a configuration for a type of vehicle specifically prescribed by regulation, or

(d)  that is otherwise not in conformity with this Act.

261.1( 3) An application for a special permit or the renewal of a special permit shall be made to the Minister of Natural Resources on the form provided by the Minister of Natural Resources and shall contain the information that the Minister of Natural Resources considers necessary.

261.1( 4) The Minister of Natural Resources may impose any terms and conditions on a special permit that the Minister of Natural Resources considers appropriate, including the use of escort vehicles, flags, flashing lights or signs relating to excessive size, mass or load.

261.1( 5) A special permit shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by a conservation officer appointed under subsection 5.1(1) of the Crown Lands and Forests Act or a forest service officer appointed under subsection 5(1) of that Act, as the case may be.

261.1( 6) The Minister of Natural Resources may revoke a special permit if the Minister of Natural Resources is satisfied that the special permit holder has violated or failed to comply with a term or condition of the special permit or a provision of this section.

261.1( 7) A special permit expires on the last day of the twelfth month following the issuance or renewal of the special permit.

261.1( 8) A person to whom a special permit is issued or for whom a special permit is renewed under this section shall pay any fee that may be prescribed for the special permit by regulations made under subsection (9).

261.1( 9) The Lieutenant-Governor in Council may make regulations respecting fees for special permits.

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