BILL 58

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

(a)in paragraph a) of the definition "autoneige" in the French version by striking out "un tobaggan" and substituting "un toboggan";

(b)in the definition "dealer" in the English version by striking out "carrys" and substituting "carries";

(c)in the portion preceding paragraph (a) of the definition "licence" in the English version by striking out the semicolon at the end of the portion;

(d)in the definition "metal tire" in the English version by striking out "nonresilient" and substituting "non-resilient";

(e)in the definition "peace officer"

(i)in paragraph (b) by striking out ", or any person appointed a police constable pursuant to the National Harbours Board Act, chapter N-8 of the Revised Statutes of Canada, 1970";

(ii)in subparagraph (c.1)(i) by striking out "Fisheries Act, chapter F-14 of the Revised Statutes of Canada, 1970" and substituting "Fisheries Act (Canada)";

(f)in the definition "plaque d'immatriculation" in the French version by striking out "la Direction" and substituting "la Division".

2Paragraph 15(1.1)(a) of the Act is amended by striking out "Fisheries Act, chapter F-14 of the Revised Statutes of Canada, 1970" and substituting "Fisheries Act (Canada)".

3Subsection 30(2) of the Act is amended by striking out "not more than one hundred twenty-five centimetres".

4Subsection 33(1) of the French version of the Act is amended by striking out "paragraphes (3) et 5" and substituting "paragraphes (3) et (5)".

5Section 35 of the Act is repealed and the following is substituted:

35(1)The Minister, with the approval of the Lieutenant-Governor in Council, may make regulations fixing or altering any fees payable under this Act.

35(2)Notwithstanding any other provision of this Act, the Minister, with the approval of the Lieutenant-Governor in Council, may make regulations fixing or altering fees in relation to the issuance or holding of special licence plates, which fees may be deposited, in whole or part, in a special purpose account under the Financial Administration Act, or a trust,

(a)that is administered by the Minister of Transportation, by another Minister of the Crown, or by a person designated by such a Minister, as stipulated in the regulations,

(b)from which money shall be disbursed for a purpose specified in the regulations, and

(c)that is otherwise in accordance with the regulations.

6Subsection 36(3) of the French version of the Act is amended by striking out "Lorque" and substituting "Lorsque".

7Subsection 54(4) of the of the Act is repealed and the following is substituted:

54(4)The bond required under subsection (3) shall be on a form provided by the Registrar and in an amount prescribed by the regulations.

8Section 84 of the Act is amended

(a)by repealing subsection (12) and substituting the following:

84(12)A person whose learner's licence is revoked or whose driving privilege is suspended by operation of

(a)subsection (11) shall, if again applying for a learner's licence, not be permitted to hold another learner's licence until the person has successfully completed, and paid the fee prescribed by regulation for, the drinking driver re-education course approved by the Minister of Health and Community Services and assigned to the person by the Registrar, and

(b)subsection (11), 298(4) or 300(1) or (2) shall, if again holding a learner's licence, start anew at the beginning of stage one and fulfill all the requirements of this section before applying for a stage two learner's licence and before applying for another driver's licence in accordance with subsection (8).

(b)by adding after subsection (12) the following:

84(12.1)Subsection 301.01(1) applies with the necessary modifications to a fee paid under paragraph (12)(a).

9Subsection 105.1(2.1) of the French version of the Act is amended by striking out "convainct" and substituting "convainc".

10Section 161 of the Act is amended

(a)by adding before subsection (1) the following:

161(0.1)In this section

"left turn lane" means, with reference to a roadway on which a vehicle is travelling, a lane designated by a traffic control device as a lane from which left turns may be made by vehicles travelling in the direction of travel of the vehicle;

"right turn lane" means, with reference to a roadway on which a vehicle is travelling, a lane designated by a traffic control device as a lane from which right turns may be made by vehicles travelling in the direction of travel of the vehicle.

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

161(1)The driver of a vehicle intending to turn at an intersection shall

(a)both approach for a right turn and make the right turn

(i)subject to subparagraph (ii), as closely as practicable to the right-hand curb or edge of the roadway or, if there is a right turn lane, in the right turn lane, or

(ii)if there is more than one right turn lane, in one of the right turn lanes, without changing in the intersection from one lane to another lane in which traffic is lawfully permitted to travel in the same direction,

(b)if traffic is permitted to move in both directions on each roadway entering the intersection, approach for a left turn in that portion of the right side of the roadway nearest to its centre line and in the left turn lane if one is designated, pass to the right of the centre line where it enters the intersection and, after entering the intersection, make the left turn so as to leave the intersection to the immediate right of the centre line of the roadway being entered, and whenever practicable make the left turn in that portion of the intersection to the left of the centre of the intersection,

(c)at any intersection where traffic is restricted to one direction on one or more of the roadways but where there is no left turn lane, approach for a left turn in the intersection in the extreme left-hand lane in which traffic is lawfully permitted to move in the direction of travel of the turning vehicle and, after entering the intersection, make the left turn so as to leave the intersection, as nearly as practicable, in the extreme left-hand lane in which traffic is lawfully permitted to move in the same direction as the vehicle upon the roadway being entered, and

(d)at any intersection where traffic is restricted to one direction on one or more of the roadways and where there is at least one left turn lane, approach for a left turn in the intersection in one of the left turn lanes and, after entering the intersection, make the left turn so as to leave the intersection as nearly as practicable, in the left-hand lane or one of the left-hand lanes in which traffic is lawfully permitted to move in the same direction of travel as the vehicle upon the roadway being entered, without changing in the intersection from one lane to another lane in which traffic is lawfully permitted to travel in the same direction.

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

161(1.1)The driver of a vehicle intending to turn at a point on a roadway that is not at an intersection shall

(a)both approach for a right turn and make the right turn as closely as practicable to the right-hand curb or edge of the roadway,

(b)if traffic is permitted to move in both directions on the roadway and if there is no left turn lane, both approach for a left turn and make the left turn from that portion of the right side of the roadway nearest to its centre line,

(c)if traffic is restricted to one direction on the roadway and if there is no left turn lane, both approach for a left turn and make the left turn from the extreme left-hand lane in which traffic is lawfully permitted to move in the direction of travel of the vehicle, and

(d)if there is a left turn lane in the direction of travel of the vehicle, both approach for a left turn in that lane and make the left turn from that lane.

161(1.2)The driver of a vehicle travelling on a roadway that has a left turn lane in the direction of travel of the vehicle designated by a traffic control device solely for making left turns shall not use the left turn lane

(a)to overtake another vehicle travelling on the driver's right on the roadway,

(b)to pass another vehicle travelling on the driver's right on the roadway, or

(c)for any other purpose that is not expressly authorized under this Act.

11Subsection 200.1(2) of the Act is amended by striking out "Motor Vehicle Safety Act, chapter 26 (1st supp.) of the Revised Statutes of Canada, 1970" and substituting "Motor Vehicle Safety Act (Canada)".

12Subsection 209(4) of the French version of the Act is amended in the portion preceding paragraph (a) by striking out "d'une motocyclette" and substituting "d'un véhicule à moteur".

13Section 210 of the Act is amended

(a)in subsection (1) of the French version by striking out "reserve" and substituting "réserve";

(b)by repealing subsection (3) and substituting the following:

210(3)Every tail lamp to which subsection (1) or (2) applies shall be located at a height of not more than one hundred and eighty-three centimetres and not less than thirty-eight centimetres.

14Paragraph 212(d) of the English version of the Act is amended by striking out "great er" and substituting "greater".

15Subsection 225(4) of the English version of the Act is amended by striking out "color" and substituting "colour".

16Section 232 of the Act is amended by striking out "Motor Vehicle Safety Act, Chapter 26 (1st supp.) of the Revised Statutes of Canada, 1970" and substituting "Motor Vehicle Safety Act (Canada)".

17Section 233 of the Act is amended

(a)in subsection (1) by striking out "a motorcycle or motor-driven cycle" and substituting "a bus, a commercial vehicle, a motorcycle or a motor driven cycle";

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

233(1.1)Every bus and every commercial vehicle, when operated upon a highway, shall be equipped with brakes adequate to control the movement of and to stop and hold the bus or commercial vehicle, including two separate means of applying the brakes, each of which means shall be effective to apply the brakes to all the wheels on every axle of the bus or commercial vehicle, and if the two separate means of applying the brakes are connected in any way, they shall be so constructed that failure of any one part of the operating mechanism shall not leave the bus or commercial vehicle without adequate and effective brakes on all the wheels on every axle of the bus or commercial vehicle.

233(1.2)Subsection (1.1) does not apply to buses and commercial vehicles that were not manufactured with brakes on all the wheels on every axle.

18Subsection 235(2) of the French version of the Act is amended by striking out "équippés et réglé" and substituting "équipés et réglés".

19Paragraph 243(1)a) of the French version of the Act is amended by striking out "règlementaires" and substituting "réglementaires".

20Section 248 of the Act is amended by adding after subsection (2) the following:

248(2.1)If satisfied that a garage does not meet, or is not being operated in accordance with, the standards referred to in subsections (1) and (2), the Registrar may, in the Registrar's discretion, seize any certificates, stickers or other documents relating to inspection or rejection and hold them until the garage commences to meet or be operated in accordance with the standards, or hold them for such other period of time as the Registrar may consider appropriate.

21Subsection 265.3(1) of the Act is amended

(a)in subparagraph (a)(iv) by striking out "Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970" and substituting Criminal Code (Canada);

(b)in paragraph (b) by striking out "Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970" and substituting Criminal Code (Canada).

22Paragraph 270(1)(a) of the English version of the Act is amended by striking out "knowlege" and substituting "knowledge".

23Subsection 289(3) of the French version of the Act is amended by striking out "déssaisissement" and substituting "dessaisissement".

24Section 297 of the Act is amended

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

(a)the convictions of each driver and of each non-resident driver of offences under this Act or the regulations, or of any of the offences under the Criminal Code (Canada) or under other Acts referred to in subsection (2), or of violations of local by-laws involving the use of a motor vehicle in motion,

(b)in subsection (2) by adding after paragraph (b.1) the following:

(b.2)upon conviction of an offence under subsection 4(1) or (2) or 7(5) or (6) of the Transportation of Dangerous Goods Act, 5 points;

25Section 304 of the French version of the Act is amended by striking out "doivent lui être rendus doivent lui être rendus" and substituting "doivent lui être rendus".

26Section 310.01 of the French version of the Act is amended

(a)in subsection (7) by striking out "en vertu au paragraphe" and substituting "en vertu du paragraphe";

(b)in subsection (8) by striking out "miligrammes" and substituting "milligrammes".

27Subsection 312(4) of the French version of the Act is amended by striking out "paragraphe 312(5)" and substituting "paragraphe 311(5)".

28Section 359 of the Act is amended

(a)by adding before subsection (1) the following:

359(0.1)In this section

"lift axle" means an axle fitted with a device that enables the axle to be removed from contact with the ground by the vehicle operator or enables the operator substantially to alter the load carried by the axle.

(b)in subsection (2) in the portion preceding paragraph (a) by adding "or (1.1)" after "subsection (1)";

(c)in subsection (3) in the portion preceding paragraph (a) by adding "or (1.1)" after "subsection (1)";

(d)by adding after subsection (3) the following:

359(4)Commencing on January 1, 2005, the number of axles of a vehicle to which this section or the regulations made respecting it are being applied shall not include any lift axle on the vehicle.

29Schedule A of the Act is amended by adding after

161(1)(c) C

the following:

161(1)(d) C

161(1.1)(a) C

161(1.1)(b) C

161(1.1)(c) C

161(1.1)(d) C

161(1.2)(a) C

161(1.2)(b) C

161(1.2)(c) C

30(1)Section 2 of An Act to Amend the Motor Vehicle Act, chapter 39 of the Acts of New Brunswick, 1996, is amended in section 84 as enacted by section 2

(a)by repealing subsection (17) and substituting the following:

84(17)A person whose learner's licence is revoked or whose driving privilege is suspended by operation of

(a)subsection (16) shall, if again applying for a learner's licence, not be permitted to hold another learner's licence until the person has successfully completed, and paid the fee prescribed by regulation for, the drinking driver re-education course approved by the Minister of Health and Community Services and assigned to the person by the Registrar, and

(b)subsection (16), 298(4) or 300(1) or (2) shall, if again holding a learner's licence, start anew at the beginning of stage one and fulfil all the requirements of this section before applying for any stage two learner's licence and before applying for a different class of driver's licence in accordance with subsection (12).

(b)by adding after subsection (17) the following:

84(17.1)Subsection 301.01(1) applies with the necessary modifications to a fee paid under paragraph (17)(a).

30(2)The Act is amended by adding after section 2 the following:

2.1Paragraph 84.2(e) of the Act is repealed and the following is substituted:

(e)respecting persons or classes of persons who are exempted under paragraph 84(14)(b) from the application of paragraph 84(12)(b) and establishing conditions respecting such exemptions.

EXPLANATORY NOTES

Section 1

(a)A typographical error in the French version is corrected.

(b), (c) and (d)Typographical errors in the English version are corrected.

(e)Reference to a repealed statute is removed and a citation is updated.

(f)An error in terminology in the French version is corrected.

Section 2

A citation is updated.

Section 3

The existing provision is as follows:

30(2)Every registration plate shall at all times be securely fastened to the vehicle for which it is issued so as to prevent the plate from swinging and at a height of not less than thirty centimetres not more than one hundred twenty-five centimetres from the ground measuring from the bottom of such plate, in a place and position to be clearly visible and shall be maintained free from foreign materials and in a condition to be clearly legible to a person on the highway in front or in rear of the vehicle as the case may be.

Section 4

A cross-reference in the French version is corrected.

Section 5

Regulation-making authority is added respecting fees in relation to the issuance and holding of special licence plates and the disbursement of the fees. The existing provision is as follows:

35The Minister with the approval of the Lieutenant-Governor in Council, may make regulations fixing or altering any fees payable under this Act.

Section 6

A typographical error in the French version is corrected.

Section 7

The existing provision is as follows:

54(4)The bond required under subsection (3) shall be in a form and an amount prescribed by the regulations.

Section 8

(a)A requirement to take a drinking driver re-education course is added to a provision relating to novice drivers. The existing provision is as follows:

84(12)A person whose learner's licence is revoked or whose driving privilege is suspended by operation of subsection (11), 298(4) or 300(1) or (2) shall, if again holding a learner's licence, start anew at the beginning of stage one and shall fulfill all the requirements of this section before applying for a stage two learner's licence and before applying for another driver's licence in accordance with subsection (8).

(b)With the amendment a provision under the Motor Vehicle Act relating to the disposition of fees will apply to a fee payable under the provision amended in paragraph 8(a) of this amending Act.

Section 9

A typographical error in the French version is corrected.

Section 10

Provisions in relation to making turns at an intersection are amended and provisions are added in relation to making turns at a point on a roadway that is not an intersection and in relation to the use of a left turn lane. The existing provision is as follows:

161(1)The driver of a vehicle intending to turn at an intersection shall do so as follows:

(a)both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway;

(b)at any intersection where traffic is permitted to move in both directions on each roadway entering the intersection, an approach for a left turn shall be made in that portion of the right half of the roadway nearest to the centre line thereof, and by passing to the right of such centre line where it enters the intersection, and after entering the intersection the left turn shall be made so as to leave the intersection to the right of the centre line of the roadway being entered, and whenever practicable the left turn shall be made in that portion of the intersection to the left of the centre of the intersection;

(c)at any intersection where traffic is restricted to one direction on one or more of the roadways, the driver of a vehicle intending to turn left at any such intersection shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle, and after entering the intersection the left turn shall be made so as to leave the intersection as nearly as practicable, in the left-hand lane lawfully available to traffic moving in such direction upon the roadway being entered.

Section 11

A citation is updated.

Section 12

A typographical error in the French version is corrected.

Section 13

(a)A typographical error in the French version is corrected.

(b)The existing provision is as follows:

210(3)Every tail lamp to which subsection (1) or (2) applies shall be located at a height of not more than one hundred and fifty centimetres and not less than fifty centimetres.

Section 14

A typographical error in the English version is corrected.

Section 15

A typographical error in the English version is corrected.

Section 16

A citation is updated.

Section 17

(a)The amendment is consequential on the amendment made in paragraph 17(b) of this amending Act. The existing provision is as follows:

233(1)Every motor vehicle, other than a motorcycle or motor-driven cycle, when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and hold such vehicle, including two separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two wheels, and if the two separate means of applying the brakes are connected in any way, they shall be so constructed that failure of any one part of the operating mechanism shall not leave the motor vehicle without adequate and effective brakes on at least two wheels.

(b)Provisions are added in relation to the brakes on buses and commercial vehicles.

Section 18

A typographical error in the French version is corrected.

Section 19

A typographical error in the French version is corrected.

Section 20

A provision is added to authorize the Registrar to seize certificates, stickers or other documents relating to inspection or rejection that are supplied to an official testing station and hold them until the station commences to meet or be operated in accordance with standards established by the regulations, or hold them for such other period of time as the Registrar may consider appropriate.

Section 21

Citations are updated.

Section 22

A typographical error in the English version is corrected.

Section 23

A typographical error in the French version is corrected.

Section 24

(a)The amendment is consequential on the amendment made in paragraph 24(b) of this amending Act. The existing provision is as follows:

297(1)The Registrar shall maintain a record of

(a)the convictions of each driver and of each non-resident driver of offences under this Act or the regulations, or of any of the offences under the Criminal Code (Canada) referred to in subsection (2), or of violations of local by-laws involving the use of a motor vehicle in motion,

(b)A provision relating to points that may be assessed against drivers is amended so that points may be assessed for convictions of offences under the Transportation of Dangerous Goods Act.

Section 25

A typographical error in the French version is corrected.

Section 26

Typographical errors in the French version are corrected.

Section 27

A cross-reference in the French version is corrected.

Section 28

(a)A definition is added.

(b) and (c)Cross-references are amended.

(d)With the amendment, commencing January 1, 2005, lift axles will not be counted as axles in calculations respecting the mass of a vehicle under the amended provisions.

Section 29

Categories of offences under the Provincial Offences Procedure Act are added for offences added in paragraphs 10(b) and (c) of this amending Act.

Section 30

(1)(a)A provision relating to novice drivers that is contained in an unproclaimed amending Act is amended to add a requirement to take a drinking driver re-education course. The existing provision is as follows:

84(17)A person whose learner's licence is revoked or whose driving privilege is suspended by operation of subsection (16), 298(4) or 300(1) or (2) shall, if again holding a learner's licence, start anew at the beginning of stage one and shall fulfil all the requirements of this section before applying for any stage two learner's licence and before applying for a different class of driver's licence in accordance with subsection (12).

(1)(b)With the amendment a provision of the Motor Vehicle Act relating to the disposition of fees will apply to a fee payable under the provision amended in subparagraph 30(1)(a) of this amending Act.

(2)An unproclaimed amending Act is amended to include amendments to cross-references.

Chapter Outline Update

Sections 1 to 30

No change required.

Endorse: Hon. Sheldon Lee


Last Modified: 11:28am , February 13, 1998