BILL 22

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 the following in alphabetical order:

"non-repairable vehicle" means a salvage vehicle that has been damaged to the extent that its only resale value is as a source of parts or as scrap;

"rebuilt vehicle" means a salvage vehicle that has been rebuilt by means of repair, the addition or substitution of new or used parts or both, so that it is qualified to receive and has received a certificate of inspection referred to in paragraph 249(b);

"salvage vehicle" means a motor vehicle of a type required to be registered under this Act that has sustained damage through any occurrence, other than ordinary wear and tear, to the extent that the cost of repairing the motor vehicle so that it would be qualified to receive a certificate of inspection referred to in paragraph 249(b) exceeds its market value before the occurrence of the damage;

2Section 17 of the Act is amended

(a)in subsection (1) by adding after paragraph (a) the following:

(a.1)that is registered as a salvage vehicle or a non-repairable vehicle;

(b)in subsection (2) by adding "that the vehicle was registered as a salvage vehicle or a non-repairable vehicle," after "he did not know".

3The Act is amended by adding after section 17.1 the following:

17.2(1)In this section

"contract" means a contract as defined in the Insurance Act;

"insurance" means insurance as defined in the Insurance Act;

"insurer" means an insurer who covers a motor vehicle under a contract of insurance for damage to that or any other motor vehicle as the result of any occurrence, other than normal wear and tear;

17.2(2)The owner of a motor vehicle that sustains damage to the extent that it becomes, as the result of the damage, a salvage vehicle shall, within thirty days after the occurrence giving rise to the damage, notify the Registrar of the occurrence, indicate whether or not the owner considers the vehicle to be non-repairable and obtain from the Registrar a new registration certificate, on which the status of the vehicle is shown as salvage or as non-repairable.

17.2(3)Subsection (2) does not apply to the owner of a motor vehicle if, during the thirty day period referred to in subsection (2), the owner transfers ownership of the vehicle to an insurer who is required to give notice under subsection (4).

17.2(4)If an insurer assumes ownership of a motor vehicle that has sustained damage to the extent that it has become, as the result of the damage, a salvage vehicle, the insurer shall, within fourteen days after assuming ownership, notify the Registrar of the occurrence, indicate whether or not the insurer considers the vehicle to be non-repairable and obtain from the Registrar a new registration certificate, on which the status of the vehicle is shown as salvage or as non-repairable.

17.2(5)The owner of a salvage vehicle who rebuilds it shall, before transferring ownership of the vehicle as a rebuilt vehicle, apply for and obtain from the Registrar a new registration certificate, on which the status of the vehicle is shown as rebuilt.

17.2(6)An owner may apply to the Registrar under subsection (5) by providing the Registrar with

(a)a complete and accurate rebuilding record for the vehicle in accordance with the regulations,

(b)a valid and subsisting certificate of inspection referred to in paragraph 249(b),

(c)any other documentation or information required by the Registrar, and

(d)any applicable fee.

17.2(7)The Registrar, if satisfied with the rebuilding record and any other documentation or information provided under subsection (6) and if otherwise satisfied that the applicant and the rebuilt vehicle are in accordance with this Act and the regulations, may provide the applicant with a new registration certificate, on which the status of the vehicle is shown as rebuilt.

17.2(8)A motor vehicle that is registered as non-repairable under this section may not be registered under any other status at a later date.

17.2(9)The owner of a non-repairable vehicle shall not transfer ownership of it for any purpose other than as a source of parts or as scrap.

4Section 20 of the Act is repealed and the following is substituted:

20(1)The Registrar shall not register any go-cart or any other motor vehicle that, if operated on a highway, might endanger persons or property because of

(a)the size of the vehicle,

(b)substandard equipment on the vehicle, or

(c)lack of equipment on the vehicle.

20(2)Subsection (1) does not apply to the registration of a motor vehicle as a salvage vehicle or a non-repairable vehicle.

5Subsection 23(1) of the Act is amended by adding "other than a rebuilt vehicle," after "reconstructed or foreign vehicle,".

6Section 25 of the Act is amended

(a)by renumbering the section as subsection (1);

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

25(2)Paragraph (1)(b) does not apply to the registration or the transfer of registration of a motor vehicle as a salvage vehicle or a non-repairable vehicle.

7Section 26 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)containing the rebuilding record in accordance with the regulations for a motor vehicle registered as rebuilt; and

8The Act is amended by adding after section 26 the following:

26.1The Lieutenant-Governor in Council may make regulations respecting the making, keeping, content, production, inspection or provision to the Registrar of, and any other matter in relation to, rebuilding records for motor vehicles registered or to be registered as rebuilt vehicles.

9Schedule A of the Act is amended

(a)by adding after

17(1)(a) C

the following:

17(1)(a.1) C

(b)by adding after

17.1(2) H

the following:

17.2(2) C

17.2(4) C

17.2(5) F

17.2(9) C

10This Act or any provision of it comes into force on a day or days to be fixed by proclamation.

EXPLANATORY NOTES

Section 1

Definitions are added.

Section 2

With the amendment, a prohibition respecting the operation of a vehicle on a highway will apply to a vehicle that is registered as a salvage vehicle or a non-repairable vehicle. The existing provision is as follows:

17(1)Except as otherwise expressly provided in this Act, or by a regulation or order made thereunder, no person shall operate, and no owner shall permit to be operated on a highway, a vehicle required to be registered under this Part

(a)that is not registered,

(b)the registration of which has expired, or

(c)while the registration of such vehicle is revoked or suspended.

17(2)On the hearing of an information charging a violation of subsection (1) the onus of proof that he did not know that the registration of the vehicle was revoked or suspended or that the registration thereof had expired, or that the vehicle was being operated without his permission shall be on the defendant.

Section 3

Provisions are added in relation to notifying the Registrar and obtaining new registration certificates respecting salvage, rebuilt and non-repairable vehicles and prohibitions are added in relation to such vehicles.

Section 4

The amendment is consequential on the amendment made in section 3 of this amending Act. The existing provision is as follows:

20The Registrar shall not register any go-cart or any other motor vehicle that, if operated on a highway, might endanger persons or property because of

(a)the size of the vehicle,

(b)substandard equipment on the vehicle, or

(c)lack of equipment on the vehicle.

Section 5

The amendment is consequential on the amendment made in section 3 of this amending Act. The existing provision is as follows:

23(1)In the event the vehicle to be registered is a specially constructed, reconstructed or foreign vehicle, such fact shall be stated in the application and with reference to every foreign vehicle that has been registered heretofore outside this Province the owner shall surrender to the Registrar all registration plates, registration cards or certificates, or other evidence of such foreign registration as may be in his possession or under his control except as provided in subsection (2) hereof.

Section 6

The amendment is consequential on the amendment made in section 3 of this amending Act. The existing provision is as follows:

25The Registrar shall refuse registration or any transfer of registration upon any of the following grounds:

(a)that the application contains any false or fraudulent statement or that the applicant has failed to furnish required information or reasonable additional information requested by the Registrar or that the applicant is not entitled to registration of the vehicle under this Act,

(b)that the vehicle is mechanically unfit or unsafe to be operated or moved upon the highways,

(b.1)that the taxes owing under the Social Services and Education Tax Act or the Harmonized Sales Tax Act in respect of the motor vehicle have not been paid;

(c)that the Registrar has reasonable ground to believe that the vehicle is a stolen vehicle,

(c.1)that the applicant is under the age of sixteen;

(c.2)that the vehicle was a school bus, if the flashing red and amber lights have not been disconnected or removed and if the vehicle has not been painted a colour other than the school-bus colour,

(d)that the registration of the vehicle stands suspended or revoked for any reason as provided in the motor vehicle laws of this Province, or

(e)that the applicant has not paid the required fee with respect to the vehicle, or with respect to the registration of, or a registration certificate, registration plate or permit for, any vehicle under this Act.

Section 7

The amendment is consequential on the amendment made in section 3 of this amending Act. With the amendment, the Registrar will be required to keep a record containing the rebuilding record in accordance with the regulations for a motor vehicle registered as rebuilt.

Section 8

Regulation-making authority is added as a consequential amendment to the amendments made in sections 3 and 7 of this amending Act.

Section 9

(a)A category of offence under the Provincial Offences Procedure Act is added as a consequential amendment to the amendment made in paragraph 2(a) of this amending Act.

(b)Categories of offences under the Provincial Offences Procedure Act are added as consequential amendments to the amendments made in section 3 of this amending Act.

Section 10

Commencement provision.

Chapter Outline Update

Section 1

Add the following definitions in alphabetical order:

non-repairable vehicle -- véhicule irréparable

rebuilt vehicle -- véhicule rebâti

salvage vehicle -- véhicule récupéré

Section 2

No change required.

Section 3

Add after sections 17 - 21 the following:

Salvage, rebuilt and non-repairable vehicles 17.2

Sections 4 to 7

No change required.

Section 8

Add after section 26 the following:

Regulations in relation to rebuilding records 26.1

Sections 9 and 10

No change required.

Endorse: Hon. Sheldon Lee


Last Modified: 11:22am , December 22, 1997