BILL 5

An Act to Amend the Motor Vehicle Act

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

1Section 1 of the Motor Vehicle Act, chapter M-17 of the Revised Statutes, 1973, is amended by adding in alphabetical order the following:

"speed limit'' means a rate of maximum speed or a rate of minimum speed prescribed under this Act by the Minister or a local or other authority;

2Section 72 of the Act is amended by adding after paragraph (d.1) the following:

(d.2)when the Registrar determines that the circumstances established by the regulations made under paragraph 72.1(1) exist,

(d.3)when the Registrar is authorized to do so under a reciprocal agreement entered into under subsection 72.1(2),

3The Act is amended by adding after section 72 the following:

72.1(1)The Lieutenant-Governor in Council may make regulations respecting the suspension, revocation or reinstatement of the registration, the registration certificate or the registration plate of a vehicle or any non-resident operating privilege or other permit for the purposes of the enforcement of the collection of tolls or interest, fees or charges in relation to tolls, in circumstances not already provided for in this Act.

72.1(2)The Minister, with the approval of the Lieutenant-Governor in Council, may enter into reciprocal agreements with a government of another jurisdiction or a person or agency in another jurisdiction and may include in the agreements terms respecting the disclosure or exchange of information or the suspension of the registration, the registration certificate or the registration plate of a vehicle or any non-resident operating privilege or other permit for the purposes of, and any other matter in relation to, the enforcement of the collection of tolls or interest, fees or charges in relation to tolls.

72.1(3)Regulations made under subsection (1) or reciprocal agreements entered into under subsection (2) may relate to the collection of tolls, or interest, fees or charges in relation to tolls, by the New Brunswick Highway Corporation, a project company or a delegate or sub-delegate of either of them, under the authority of the New Brunswick Highway Corporation Act.

4The Act is amended by adding after section 142 the following:

142.1(1)The Minister may prescribe a rate of minimum speed for any highway or part of a highway, or any class or classes of vehicle, and such rate of minimum speed may be different for any period or periods of the day or night.

142.1(2)Subject to subsection 140(2), any person who drives a vehicle on a highway at a speed of less than the rate of minimum speed prescribed under subsection (1) for that highway commits an offence.

142.1(3)Subject to subsection (4), upon application and upon payment of any fee prescribed by regulation, the Minister may issue a permit in such form and subject to such terms and conditions as the Minister may determine, authorizing a person to drive a vehicle on a highway at a speed of less than the rate of minimum speed prescribed under subsection (1) for that highway.

142.1(4)If a vehicle for which an application is made under subsection (3) is a type that may not be operated on a highway unless its operation is authorized by a special permit issued under subsection 241(4), the Minister shall not issue the permit under subsection (3) unless the special permit has been issued in accordance with subsection 241(4) for the vehicle.

142.1(5)Upon payment of any fee prescribed by regulation, the Minister may amend or renew a permit issued under subsection (3), subject to such terms and conditions as the Minister may determine.

142.1(6)Subsection (2) does not apply to a person driving a vehicle on a highway at a speed of less than the rate of minimum speed prescribed under subsection (1) for that highway if the person is acting under, and in accordance with, the terms and conditions of, a valid and subsisting permit issued or renewed under this section.

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

5Section 143 of the Act is amended

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

143(1)A sign or signs may be erected on a highway giving notice of the speed limit prescribed for the highway, or for any class of motor vehicles, under sections 140, 140.1, 142 or 142.1, as follows:

(a)by a local authority, within its jurisdiction;

(b)by the New Brunswick Highway Corporation, on a highway under its administration and control;

(c)by a project company, on a highway under its administration and control; and

(d)by the Minister, on all highways not referred to in paragraphs (a) to (c).

(b)in subsection (2) of the French version by striking out "vitesse maximale'' wherever it appears and substituting "vitesse limite'';

(c)in subsection (3) of the French version

(i)in paragraph (a) by striking out "vitesse maximale'' wherever it appears and substituting "vitesse limite'';

(ii)in paragraph (b) by striking out "vitesse maximale'' wherever it appears and substituting "vitesse limite''.

6Subsection 153(2) of the Act is repealed and the following is substituted:

153(2)If a highway referred to in subsection (1) is under the administration and control

(a)of the New Brunswick Highway Corporation, that Corporation may divide the highway as provided for in that subsection and that subsection applies with any other necessary modifications, or

(b)of a project company, that project company may divide the highway as provided for in that subsection and that subsection applies with any other necessary modifications.

7Section 154 of the Act is amended

(a)in subsection (1) in the portion preceding paragraph (a) by striking out "The Minister'' and substituting "Subject to subsection (1.1), the Minister'';

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

154(1.1)If a highway referred to in subsection (1) is under the administration and control

(a)of the New Brunswick Highway Corporation, that Corporation may cause markings to be made on roadways as provided for in that subsection and that subsection applies with any other necessary modifications, or

(b)of a project company, that project company may cause markings to be made on roadways as provided for in that subsection and that subsection applies with any other necessary modifications.

(c)in paragraph (3)(b) by adding "or (1.1), as the case may be'' after "subsection (1)''.

8Section 155 of the Act is amended

(a)in subsection (1) by striking out "under his jurisdiction'';

(b)in subsection (2) by striking out "under subsection (1)'' and substituting "under this section''.

9Subsection 160(1) of the Act is repealed and the following is substituted:

160(1)The use of any controlled-access roadway by pedestrians, bicycles, or other non-motorized traffic or by any person operating a motor-driven cycle may be prohibited as follows:

(a)by local authorities by by-law, with respect to any controlled-access roadway under their jurisdictions;

(b)by the New Brunswick Highway Corporation by order, with respect to any controlled-access roadway under its administration and control; and

(c)by the Minister by order, with respect to all other roadways, including, without limiting the generality of the foregoing, those under the administration and control of a project company.

10Subsection 183(1) of the Act is repealed and the following is substituted:

183(1)The following may cause stop signs to be erected at railway crossings:

(a)local authorities, within their jurisdictions;

(b)the New Brunswick Highway Corporation, with respect to railway crossings at highways under its administration and control; and

(c)the Minister, with respect to railway crossings at all other highways, including, without limiting the generality of the foregoing, those under the administration and control of a project company.

11Section 186 of the Act is amended

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

186(1)Subject to subsection (1.1), the following may designate through highways and cause stop signs or yield right-of-way signs to be erected at specified entrances to the highways:

(a)local authorities, within their jurisdictions;

(b)the New Brunswick Highway Corporation, with respect to highways under its administration and control; and

(c)the Minister, with respect to all other highways, including, without limiting the generality of the foregoing, those under the administration and control of a project company.

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

186(1.1)A project company having the administration and control of a highway shall cause signs referred to in subsection (1) to be erected at entrances to the highway in accordance with the directions of the Minister.

12Subsection 225(5) of the Act is amended by striking out "under his direction''.

13Subsection 241(4) of the Act is repealed and the following is substituted:

241(4)The following may, in their discretion, issue special permits authorizing the operation upon a highway of farm tractors, of other farm machinery or of traction engines or tractors having movable tracks with transverse corrugations upon the periphery of the movable tracks, where such operation would otherwise be prohibited under this Act:

(a)local authorities, within their jurisdictions;

(b)the New Brunswick Highway Corporation, with respect to highways under its administration and control;

(c)a project company with the written consent of the New Brunswick Highway Corporation, with respect to highways under the administration and control of a project company; and

(d)the Minister, with respect to all other highways.

14Subsection 261(6) of the Act is repealed.

15Subsection 297(2) of the Act is amended by adding after paragraph (g) the following:

(g.1)upon conviction of an offence under subsection 142.1(2), 3 points;

16Schedule A of the Act is amended by adding after

140(2) C

the following:

142.1(2) C

EXPLANATORY NOTES

Section 1

A definition is added.

Section 2

Further circumstances are added to a provision establishing the circumstances in which the Registrar may suspend or revoke registrations, privileges or permits.

Section 3

Regulation-making authority is added in relation to the suspension, revocation or reinstatement of the registration, the registration certificate or the registration plate of a vehicle or any non-resident operating privilege or other permit for the purposes of the enforcement of the collection of tolls or interest, fees or charges in relation to tolls, authority is added to enter into inter-jurisdictional agreements respecting enforcement of collection of tolls or interest, fees or charges in relation to tolls, and provisions are added in relation to the scope of regulations made under the new provisions.

Section 4

Provisions are added authorizing the Minister to establish rates of minimum speed, creating an offence and providing for the issuance, amendment, renewal, revocation, suspension and reinstatement of a permit authorizing a person to drive more slowly than the rate of minimum speed.

Section 5

(a)The existing provision is as follows:

143(1)The Minister, and a local authority within its jurisdiction, may cause a sign or signs to be erected on a highway giving notice of the speed limit prescribed for such highway, or for any class of motor vehicles under sections 140, 140.1 or 142.

(b) and (c)Language in the French version is rendered consistent with language in the English version.

Section 6

The existing provision is as follows:

153(2)If a highway referred to in subsection (1) is under the administration and control of the New Brunswick Highway Corporation, that Corporation may divide the highway as provided for in that subsection and that subsection applies with any other necessary modifications.

Section 7

(a)A cross-reference is amended as a consequential amendment to the amendment made in paragraph 7(b) of this amending Act.

(b)A provision is added in relation to markings to be made on roadways that are under the administration and control of the New Brunswick Highway Corporation or a project company.

(c)The existing provision is as follows:

154(3)In any prosecution for an offence under subsection (2),...

(b)markings as described in paragraph (1)(a) or (b) shall be deemed conclusively to have been made on the roadway under the authority of and in accordance with subsection (1).

Section 8

(a)The existing provision is as follows:

155(1)Subject to subsection (1.1), the Minister may designate any roadway under his jurisdiction, or any section thereof, as a one-way roadway and shall cause to be erected a traffic control device giving notice thereof.

(b)The existing provision is as follows:

155(2)No driver shall drive a vehicle on a roadway designated as a one-way roadway under subsection (1) or under any other provision of this Act in a direction opposite to that designated by a traffic control device erected to give notice thereof.

Section 9

The existing provision is as follows:

160(1)The Minister may by order and local authorities may by by-law, with respect to any controlled-access roadway under their respective jurisdictions, and the New Brunswick Highway Corporation may, with respect to a controlled-access roadway under its administration and control, prohibit the use of any such roadway by pedestrians, bicycles, or other non-motorized traffic or by any person operating a motor-driven cycles.

Section 10

The existing provision is as follows:

183(1)The Minister and local authorities within their respective jurisdictions and the New Brunswick Highway Corporation in respect of highways under its administration and control may cause stop signs to be erected at a railway crossing.

Section 11

(a)The existing provision is as follows:

186(1)The Minister and local authorities in their respective jurisdictions and the New Brunswick Highway Corporation in respect of highways under its administration and control may designate through highways and cause stop signs or yield right-of-way signs to be erected at specified entrances thereto.

(b)A provision is added in relation to the erection of signs by a project company.

Section 12

The existing provision is as follows:

225(5)The Minister may authorize the carrying and display of one or more revolving lights showing amber to the front and red to the rear upon any motor vehicle operated on a highway under his direction and one or more revolving lights showing amber and red shall not be carried or displayed on any motor vehicle on a highway except by authority of the Minister.

Section 13

The existing provision is as follows:

241(4)The Minister and local authorities in their respective jurisdictions may in their discretion issue special permits authorizing the operation upon a highway of traction engines or tractors having movable tracks with transverse corrugations upon the periphery of such movable tracks, or farm tractors, or other farm machinery, the operation of which upon a highway would otherwise be prohibited under this Act.

Section 14

The existing provision is as follows:

261(6)Notwithstanding anything in this section, if a provincial highway referred to in this section is under the administration and control of the New Brunswick Highway Corporation, that Corporation may do anything that the Minister may do under this section in relation to that highway, the fee prescribed for a permit issued under this section shall be paid to that Corporation and the provisions of this section apply with any other necessary modifications.

Section 15

The number of points that the Registrar may assess against a driver or non-resident driver is established for each conviction of the offence that is added in section 4 of this amending Act.

Section 16

A category of offence under the Provincial Offences Procedure Act is established for the offence established in section 4 of this amending Act.


Last Modified: 11:35am , November 26, 1997