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An Act to Amend the Motor Vehicle Act

Legislature :
55
Session :
3
Bill No. :
54
Member :
Hon. Steeves
First Reading :
2006-4-25
Second Reading :
2006-4-26
Committee of the Whole :
2006-6-21
Amended :
Third Reading :
2006-6-21
Royal Assent :
2006-6-22
Download PDF :
Bill 54

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



1                           Section 33 of the Motor Vehicle Act, chapter M-17 of the Revised Statutes, 1973, is repealed and the following is substituted:



33(1)               Unless the regulations provide otherwise, every vehicle registration under this Act, other than the registration of a commercial vehicle, and every registration certificate and registration plate issued under this Act for such vehicle, shall expire at midnight on the thirty-first day of March of each year.



33(2)               The Minister, with the approval of the Lieutenant-Governor in Council, may make regulations



(a)               altering the period of registration or expiry date fixed under subsection (1) in respect of certain vehicles or classes of vehicles;



(b)               establishing the period of registration for a commercial vehicle or class of commercial vehicle and fixing the expiry date of the registration, registration certificate and registration plate for the commercial vehicle or class of commercial vehicle.



2                           Section 79 of the Act is repealed and the following is substituted:



79(1)               The Minister may make or authorize to be made with any other province a reciprocal arrangement or agreement with respect to licences or any class of licence to provide that if



(a)               a licence has been issued by that province, and



(b)               the licence is surrendered to the Registrar,



the holder of the licence may obtain a licence of an appropriate class for the balance of the period of the surrendered licence without fee and without being required to take any test with respect to his or her driving ability unless the Registrar has reason to believe that a test should be taken.



79(2)               The Minister may make or authorize to be made with any foreign country or any political subdivision of a foreign country a reciprocal arrangement or agreement with respect to the mutual recognition and exchange of licences or any class of licence to provide that if



(a)               a licence has been issued by that foreign country or political subdivision of the foreign country, and



(b)               the licence is surrendered to the Registrar,



the holder of the licence may obtain a licence of an appropriate class without fee and without being required to take any test with respect to his or her driving ability unless the Registrar has reason to believe that a test should be taken.



79(3)               An arrangement or agreement made pursuant to subsection (1) or (2) shall be made



(a)               subject to the condition that no person is entitled to any exemption or privilege under the arrangement or agreement in respect of obtaining a licence in this Province unless the holder has complied with the law of his or her place of residence as to the obtaining of a valid licence, and



(b)               subject to cancellation by the Minister.



3                           Subsection 301(1) of the Act is repealed and the following is substituted:



301(1)            The Registrar, upon application, shall issue a licence that is, subject to section 304, probationary



(a)               to a person who is registered in the alcohol ignition interlock device program established under section 310.12, if the conditions referred to in subsection 310.13(4) are met and if no further convictions have been entered against the person and no orders directing discharge have been issued in relation to the person under subsection 255(5) of the Criminal Code (Canada), and



(b)               to any person when the period of suspension of the person's driving privilege under paragraph 300(1)(a), (b) or (b.1), subsection 302(1), (2), (2.1), (2.2), (3) or (4), section 302.1, subsection 310.18(1), paragraph 310.18(2)(a) or subsection 310.18(4) or (5) has elapsed and if no further convictions have been entered against the person and no orders directing discharge have been issued in relation to the person under subsection 255(5) of the Criminal Code (Canada).



4                           Section 310.1 of the Act is amended by striking out "or section 298.1, 300 or 302" and substituting "section 298.1, 300 or 302, subsection 302.1(1) or 310.18(1), paragraph 310.18(2)(a) or subsection 310.18(4) or (5)".



5                           The Act is amended by adding after section 310.1 the following:



310.11            In sections 310.11 to 310.19



"alcohol ignition interlock device" means a device prescribed by regulation that is designed to detect, when installed in a motor vehicle, the presence of alcohol in a driver's body and, if the blood alcohol concentration level of the driver exceeds the limit prescribed by regulation, to prevent the motor vehicle from being started or from being driven;



"authorized service provider" means an authorized service provider appointed under subsection 310.14(1) and includes any person authorized by the authorized service provider under subsection 310.14(2) to act on the authorized services provider's behalf;



"program" means the alcohol ignition interlock device program established under section 310.12.



310.12            There is established an alcohol ignition interlock device program.



310.13(1)    Any person, other than a person whose learner's licence is revoked or a person whose driving privilege is suspended under subsection 84(11), may apply to the Registrar for registration in the program if



(a)               the person is convicted of an offence under section 253 or 254 of the Criminal Code (Canada),



(b)               the licence of the person is revoked and the driving privilege of the person is suspended under paragraph 300(1)(a), subsection 302(2.1) or (2.2) or 302.1(1), and



(c)                the person is authorized, by a court in an order made under section 259 of the Criminal Code (Canada), to operate a motor vehicle equipped with an alcohol ignition interlock device.



310.13(2)    An application for registration in the program shall be made on a form provided by the Registrar.



310.13(3)    If an applicant meets the requirements set out in subsection (1), the Registrar shall register the applicant in the program.



310.13(4)    The Registrar shall not issue a licence under paragraph 301(1)(a) to a person registered in the program or reinstate the driving privilege of the person until



(a)               the authorization made by the court in the order referred to in paragraph (1)(c) takes effect,



(b)               the person has successfully completed the drinking driver re-education course referred to in subsection 301(2), and



(c)                the person satisfies the Registrar that an alcohol ignition interlock device has been installed in the motor vehicle that the person will operate during the person's participation in the program.



310.13(5)    The reinstatement of the driving privilege of a person and the issuance of the licence to the person under paragraph 301(1)(a) terminates the period of suspension imposed under paragraph 300(1)(a) or subsection 302(2.1) or (2.2) or 302.1(1), as the case may be.



310.13(6)    The participation of a person registered in the program ends on the date on which any of the following first occurs:



(a)               the period of suspension imposed under paragraph 300(1)(a) or subsection 302(2.1) or (2.2) or 302.1(1), as the case may be, would have elapsed if the person had not participated in the program;



(b)               the person is removed from the program; or



(c)                the person withdraws from the program.



310.13(7)    A person registered in the program shall



(a)               satisfy any requirement and condition prescribed by regulation relating to his or her participation in the program, and



(b)               pay any fee prescribed by regulation relating to the program.



310.14(1)    The Minister may appoint any person to be an authorized service provider.



310.14(2)    An authorized service provider may authorize persons to act on the authorized service provider's behalf throughout the Province in respect of any of the authorized service provider's duties and powers under this Act and the regulations as specified in the authorization.



310.14(3)    Only an authorized service provider shall



(a)               provide, install, maintain, calibrate, inspect and remove an alcohol ignition interlock device, in accordance with the regulations,



(b)               collect and analyze, in accordance with the regulations, the data prescribed by regulation that is recorded by an alcohol ignition interlock device, and



(c)                report to the Registrar, in accordance with the regulations, the data collected and analysed pursuant to paragraph (b).



310.14(4)    The installation, maintenance, calibration, inspection or removal of an alcohol ignition interlock device by an authorized service provider, or the collection by an authorized service provider of any data contained by the alcohol ignition interlock device, shall only take place at locations designated by the Registrar.



310.14(5)    An authorized service provider may require a person registered in the program to pay reasonable fees for the purposes of the provision, installation, maintenance, calibration, inspection or removal of an alcohol ignition interlock device.



310.15(1)    No person shall



(a)               provide, in the place of a person registered in the program, a sample of breath in order to enable the person registered in the program to start or keep in motion a motor vehicle equipped with an alcohol ignition interlock device,



(b)               tamper with or attempt to tamper with the alcohol ignition interlock device of a motor vehicle, or



(c)                deactivate, disassemble or remove or attempt to deactivate, disassemble or remove an alcohol ignition interlock device from a motor vehicle.



310.15(2)    Paragraph (1)(c) does not apply to an authorized service provider who deactivates, disassembles or removes an alcohol ignition interlock device under the authority of subsection 310.14(3).



310.16            No person registered in the program shall



(a)               operate a motor vehicle that is not equipped with an alcohol ignition interlock device, or



(b)               solicit a sample of breath from any person in order to enable the person registered in the program to start or keep in motion a motor vehicle equipped with an alcohol ignition interlock device.



310.17            No owner or person having the care or control of a motor vehicle not equipped with an alcohol ignition interlock device shall knowingly permit a person registered in the program to operate the motor vehicle.



310.18(1)    If a person registered in the program is convicted of an offence under paragraph 310.15(1)(b) or (c) or 310.16(a) or (b), the Registrar shall remove the person from the program, revoke the person's licence and suspend the person's driving privilege in accordance with subsection (3).



310.18(2)    If a person registered in the program fails to comply with paragraph 310.13(7)(a) or (b), the Registrar may



(a)               remove the person from the program, revoke the person's licence and suspend the person's driving privilege in accordance with subsection (3), or



(b)               notwithstanding subsection 310.13(6), extend the participation of the person in the program for a period up to six months.



310.18(3)    Subject to subsection (5), if a person is removed from the program under subsection (1) or paragraph (2)(a), the driving privilege of the person shall be suspended until the date on which the applicable period of suspension referred to in paragraph 310.13(1)(b) would have elapsed if the person had not participated in the program.



310.18(4)    Subject to subsection (5), if a person withdraws from the program, the licence of the person is revoked and person's driving privilege is suspended until the date on which the applicable period of suspension referred to in paragraph 310.13(1)(b) would have elapsed if the person had not participated in the program.



310.18(5)    If a person's participation in the program is extended under paragraph (2)(b) and the person is subsequently removed or withdraws from the program, the Registrar shall revoke the licence of that person and suspend the person's driving privilege until the date on which the period of extension under paragraph (2)(b) would have expired if the person had not been removed or had not withdrawn from the program.



310.18(6)    If the driving privilege of a person registered in the program is suspended and the licence of the person is suspended or revoked, other than under this section, for any reason not related to the consumption of alcohol, the person is suspended from the program for the duration of the period of suspension.



310.19            The Lieutenant-Governor in Council may make regulations



(a)               prescribing alcohol ignition interlock devices;



(b)               prescribing the blood alcohol concentration limit for the purposes of the definition "alcohol ignition interlock device" in section 310.11;



(c)                prescribing any requirement or condition to be satisfied by a person registered in the program;



(d)               prescribing the fees to be charged under paragraph 310.13(7)(b) and the time or times at which the fees shall be paid by the person registered in the program;



(e)                respecting the provision, installation, maintenance, calibration, inspection and removal of an alcohol ignition interlock device;



(f)                prescribing the data recorded by an alcohol ignition interlock device;



(g)               respecting the collection and analysis by an authorized service provider of data recorded by an alcohol ignition interlock device;



(h)               respecting the reports made to the Registrar under paragraph 310.14(3)(c);



(i)                respecting the administration of the program.



6                           Schedule A of the Act is amended by adding after



310.02(13).......................................................................... C



the following:



310.15(1)(a)........................................................................ H

310.15(1)(b)........................................................................ H

310.15(1)(c)........................................................................ H

310.16(a)............................................................................. H

310.16(b)............................................................................. H

310.17.................................................................................. H



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



EXPLANATORY NOTES



Section 1



The existing provision is as follows:



33(1)               Subject to subsections (3) and (5) every vehicle registration under this Act and every registration certificate and registration plate issued hereunder, shall expire at midnight on the thirty-first day of March of each year.



33(3)               Every vehicle registration, registration certificate and registration plate issued for a commercial vehicle shall expire as follows:



(b)               where the vehicle is registered for a gross mass in excess of forty-five hundred kilograms, for one of the three month periods of



(i)         April, May and June,



(ii)       July, August and September,



(iii)    October, November and December,



(iv)      January, February and March,



in which case the permit expires with the last day of the three month period for which it is issued;



(c)                where the vehicle is registered for a gross mass in excess of forty-five hundred kilograms, for one of the six month periods of



(i)         April to September, both inclusive,



(ii)       July to December, both inclusive,



(iii)    October to March, both inclusive,



in which case the permit expires with the last day of the six month period for which it is issued;



(d)               where the vehicle is registered for a gross mass in excess of forty-five hundred kilograms, for one of the nine month periods of



(i)         April to December, both inclusive,



(ii)       July to March, both inclusive,



in which case the permit expires with the last day of the nine month period for which it was issued; or



(e)                where



(i)         the vehicle is engaged exclusively in the hauling of unprocessed products of the farm, and



(ii)       the vehicle registration, registration certificate and registration plate are issued for the period May to October, both inclusive,



the expiry date shall be the last day of the month of October.



33(4)               Paragraphs 3(b), (c) and (d) do not apply where a special fee is provided for under the Act or the regulations.



33(5)               The Minister, with the approval of the Lieutenant-Governor in Council, may make regulations altering the expiry dates or extending the periods of registration fixed under subsections (1) and (3) in respect of certain vehicles or certain classes of vehicles.



Section 2



The existing provision is as follows:



79(1)               The Lieutenant-Governor in Council may make or authorize to be made with any other province a reciprocal arrangement or agreement with respect to licences or any class of licence to provide that where



(a)               a licence has been properly issued by that province, and



(b)               the licence is surrendered to the Registrar, the holder of the licence may obtain a licence of an appropriate class for the balance of the period of the surrendered licence without fee and without being required to take any test with respect to his driving ability unless the Registrar has reason to believe that a test should be taken.



79(2)               An arrangement or agreement made pursuant to subsection (1) shall be made



(a)               subject to the condition that no person is entitled to any exemption or privilege thereunder in respect of obtaining a licence in this Province unless the holder has complied with the law of his place of residence as to the obtaining of a valid licence, and



(b)               subject to cancellation by the Lieutenant-Governor in Council.



Section 3



The existing provision is as follows:



301(1)            When the period of suspension of a person's driving privilege under paragraph 300(1)(a), (b) or (b.1), subsection 302(1), (2), (2.1), (2.2), (3) or (4) or section 302.1 has elapsed and no further convictions have been entered against that person and no orders directing discharge have been issued in relation to that person under subsection 255(5) of the Criminal Code (Canada), the Registrar, upon application by that person, shall issue to that person a licence that is, subject to section 304, probationary.



Section 4



The existing provision is as follows:



310.1               Prior to the driving privileges of a person being reinstated under this Act where such driving privileges were suspended pursuant to subsection 298(4), or section 298.1, 300 or 302, that person shall pay a fee for such reinstatement.



Section 5



New provisions.



Section 6



Consequential amendments.



Section 7



Commencement provision.


 

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