Legislative Assembly of New Brunswick
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An Act to Amend the Motor Vehicle Act

Legislature :
55
Session :
2
Bill No. :
2
Member :
Hon. Steeves
First Reading :
2004-12-3
Second Reading :
2004-12-8
Committee of the Whole :
Amended :
Third Reading :
Royal Assent :
Download PDF :
Bill 2

Text of Bill :
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:



1                           Section 84 of the Motor Vehicle Act, chapter M-17 of the Revised Statutes, 1973, is amended



(a)               by repealing subsection (5) and substituting the following:



84(5)               A novice driver who, during stage two, operates or has care or control of a motor vehicle, whether in motion or not, does so subject to, and shall comply with, the following conditions:



(a)               the number of persons in the motor vehicle shall not exceed the number of operative seat belt assemblies in the motor vehicle;



(b)               notwithstanding paragraph (a), no more than one person in addition to the novice driver shall occupy a seat in the front seat of the motor vehicle;



(c)                the novice driver may only operate a motor vehicle between the hours of midnight and five a.m. in the following circumstances:



(i)         the novice driver is accompanied by a licensed driver who is the holder of a valid and subsisting licence, other than a learner's licence, that authorizes the holder to operate that type of motor vehicle,



(ii)       if the motor vehicle has accommodation for a passenger alongside the driver, the licensed driver shall occupy a seat alongside the novice driver,



(iii)    if the motor vehicle does not have accommodation alongside the driver, the novice driver shall be under the direct observation and supervision of the licensed driver who is occupying a seat inside the motor vehicle, and



(iv)      no other person, other than a licensed driver referred to in subparagraph (i), shall be in or on that motor vehicle; and



(d)               the novice driver shall not have consumed alcohol in such a quantity that the concentration in the novice driver's blood exceeds zero milligrams of alcohol in one hundred millilitres of blood.



(b)               by adding after subsection (5) the following:



84(5.1)          The Registrar may exempt a novice driver, during stage two, from the condition under paragraph (5)(c) for any purpose considered appropriate to the Registrar, other than for a recreational purpose.



84(5.2)          The Registrar may place conditions on the exemption granted under subsection (5.1).



84(5.3)          The Registrar may revoke or suspend an exemption granted under subsection (5.1).



2                           Subsection 86(1) of the Act is amended by repealing the portion preceding paragraph (a) and substituting the following:



86(1)               The application of any person under the age of eighteen years for a licence or for an exemption under subsection 84(5.1) shall be accompanied by a written consent signed



3                           Subsection 98(1) of the Act is amended



(a)               in paragraph (b) by striking out "and" at the end of the paragraph;



(b)               by adding after paragraph (b) the following:



(b.1)          any exemption granted to the holder of a stage two learner's licence, and



4                           Subsection 297(2) of the Act is amended



(a)               by repealing paragraph (d.1) and substituting the following:



(d.1)          upon conviction of an offence under paragraph 84(4)(a), (b) or (c) or (5)(a), (b) or (c), 3 points;



(b)               by repealing paragraph (d.2) and substituting the following:



(d.2)          upon conviction of an offence under paragraph 84(4)(d) or (5)(d) or subsection 310.02(13), 10 points;



5                           Section 310.02 of the Act is amended



(a)               in subsection (3) by striking out "subsection 84(5)" and substituting "(5)(d)";



(b)               in subsection (14) in the portion preceding paragraph (a) by striking out "subsection 84(5)" and substituting "(5)(d)";



(c)               in subsection (15) by striking out "subsection 84(5)" and substituting "(5)(d)".



6                           Section 310.03 of the Act is amended in the portion preceding paragraph (a) by striking out "subsection 84(5)" and substituting "(5)(d)".



7                           Schedule A of the Act is amended by striking out



84(5).............................................................. C



and substituting



84(5)(a), (b), (c) or (d)................................ C



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



EXPLANATORY NOTES



Section 1



(a)               The existing provision is as follows:



84(5)               A novice driver who, during stage two, operates or has care or control of a motor vehicle, whether in motion or not, does so subject to, and shall comply with, the condition that the novice driver shall not have consumed alcohol in such a quantity that the concentration in the novice driver's blood exceeds zero milligrams of alcohol in one hundred millilitres of blood.



(b)               New provisions.



Section 2



The existing provision is as follows:



86(1)               The application of any person under the age of eighteen years for a licence shall be accompanied by a written consent signed



Section 3



(a)               Consequential amendment.



(b)               New provision.



Section 4



(a)               The existing provision is as follows:



297(2)            The Registrar shall assess against each driver and each non-resident driver for each conviction or each order a number of points as follows:...



(d.1)          upon conviction of an offence under paragraph 84(4)(a), (b) or (c), 3 points;



(b)               The existing provision is as follows:



297(2)            The Registrar shall assess against each driver and each non-resident driver for each conviction or each order a number of points as follows:...



(d.2)          upon conviction of an offence under paragraph 84(4)(d) or subsection 84(5) or 310.02(13), 10 points;



Section 5



(a)               The amendment is consequential on the amendment made in section 1 of this amending Act.



(b)               The amendment is consequential on the amendment made in section 1 of this amending Act.



(c)                The amendment is consequential on the amendment made in section 1 of this amending Act.



Section 6



The amendment is consequential on the amendment made in section 1 of this amending Act.



Section 7



The amendment is consequential on the amendment made in section 1 of this amending Act.



Section 8



Commencement provision.

 

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