BILL 12 An Act to Amend the Motor Vehicle Act

BILL 12

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:

1 Section 84.2 of the Motor Vehicle Act, chapter M-17 of the Revised Statutes, 1973, is amended

 

(a) by repealing paragraph (b);

(b) by repealing paragraph (c).

2 The Act is amended by adding after section 84.2 the following:

LICENSING OF
DRIVER TRAINING COURSES

84.3(1) No person shall operate a business enterprise offering or providing to others a driver training course, whether the instruction in the course is given by the owner or by an employee of the business enterprise, unless the course is operated under the authority of a valid and subsisting driver training course licence issued in accordance with the regulations, in the location specified in the licence.

 

 

84.3(2) Any person who instructs another person or offers instruction to another person in the operation of a motor vehicle in exchange, directly or indirectly, for consideration, other than as an employee of a business operation referred to in subsection (1), shall be deemed to be operating a business enterprise referred to in subsection (1) and the instruction shall be deemed to be a driver training course referred to in subsection (1).

 

84.3(3) An applicant for the issuance, renewal or reinstatement of a driver training course licence, and any holder of such a licence on the commencement of this subsection, shall furnish to the Registrar and maintain a security bond for the sole purpose of compensating former, current or potential students of the course for losses of money, paid to or received by the operator or agent of the operator of the course for the purpose of paying for the course, that arise from failure of the business enterprise, misappropriation or wrongful conversion of the money or suspension or revocation of the operator’s driver training course licence.

 

 

 

84.3(4) One bond shall be furnished to the Registrar, and maintained, in the prescribed amount for each driver training course licence.

 

84.3(5) A bond shall not be cancelled, expire or lapse except after sixty days’ written notice has been given to the Registrar.

84.3(6) A bond shall be in the form approved by the Registrar and in an amount prescribed by the regulations.

84.3(7) For the purpose of bringing an action arising out of an act or omission occurring during the security term of a bond, the bond continues in force for two years after the end of the security term, and any action relating to any claim made in respect of the bond shall be brought within the two-year period.

84.4 The Lieutenant-Governor in Council may make regulations

(a) respecting the establishment and operation of licensed driver training courses, including thekeeping of records and the inspection of records, vehicles, facilities and premises, and including delegating to the Registrar the authority to establish standards or qualifications to be met respecting courses, instructors, vehicles, facilities and premises and to adopt standards or qualifications by reference for that purpose;

 

(b) respecting the expiry dates of and the issuance, renewal, suspension, revocation or reinstatement by the Registrar of driver training course licences;

 

(c) respecting terms and conditions to be met by applicants for the issuance, renewal or reinstatement of driver training course licences and by the holders of such licences;

 

 

(d) respecting the furnishing and maintenance of bonds, and the amount of bonds, under section 84.3;

(e) respecting classes of persons who are exempt from the requirement to furnish and maintain a bond under section 84.3;

 

(f) respecting the circumstances in which one driver training course licence may authorize the operation of driver training courses in more than one location.

3 Section 177 of the Act is amended by adding after subsection (4) the following:

177(4.1) A person sixteen years of age or older who violates or fails to comply with subsection (3) or (4) commits an offence.

177(4.2) The minimum and the maximum fine that may be imposed on a person convicted of an offence under subsection (3) or (4) shall be twenty-one dollars.

4 Subsection 261(4.2) of the Act is repealed and the following is substituted:

261(4.2) A person to whom a permit is issued under this section with respect to provincial highways shall pay any fee that may be prescribed for the permit by regulations made under subsection (4.3).

5 Subsection 345(2) of the French version of the Act is amended by striking out "l’article 105" and substituting "l’article 105.1".

 

6 Schedule A of the Act is amended by adding before

89(3.2) C

the following:

84.3(1) C

84.3(3) C

7 Section 3 of New Brunswick Regulation 95-164 under the Motor Vehicle Act is amended

 

(a) by adding after subsection (6) the following:

3(6.1) Subject to subsection (6.2), the amount of a bond required to be furnished and maintained by a person under section 84.3 of the Act is ten thousand dollars.

3(6.2) A superintendent of a school district administering a driver training course as referred to in subsection (4) is exempt from the requirement to furnish and maintain a bond under section 84.3 of the Act in relation to that course.

 

(b) by repealing subsection (10) and substituting the following:

3(10) Notwithstanding paragraph (9)(a), a driver training course licence issued in relation to a driver training course in a school district as referred to in subsection (4) may authorize the operation of all of the driver training courses administered by the superintendent in that school district.

 

8 This Act comes into force on January 1, 1999.

EXPLANATORY NOTES

Section 1

Regulation-making authority that is added into a new provision added in section 2 of this amending Act is removed from an existing provision.

Section 2

Provisions are added in relation to the licensing and bonding of applicants for and holders of driver training course licences, and related regulation-making authority is transferred from an existing provision or is added.

 

Section 3

Offences are created in relation to the wearing of bicycle helmets and a minimum and maximum fine of twenty-one dollars is established for the offences. The provisions to which the fine relates are as follows:

177(3) No person shall ride on or operate a bicycle on a highway unless the person is wearing a bicycle helmet in accordance with the regulations and the chin strap of the helmet is securely fastened under the person’s chin.

177(4) No parent or guardian of a person who is under sixteen years of age shall authorize or knowingly permit that person to ride on or operate a bicycle on a highway unless the person is wearing a helmet in accordance with subsection (3).

 

Section 4

A provision requiring persons to whom permits are issued to pay a prescribed fee is amended so that a fee is payable only if a fee is prescribed. The existing provision is as follows:

 

261(4.2) A fee in accordance with the regulations made under subsection (4.3) shall be paid by a person who is issued a permit under this section with respect to provincial highways.

 

Section 5

A typographical error in the French version is corrected.

 

Section 6

Categories under the Provincial Offences Procedure Act are added for offences established in the provisions added in section 2 of this amending Act.

 

Section 7

Amendments are made to the Driver Training Course Regulation - Motor Vehicle Act to introduce into the licensing process in the Regulation provisions that implement or are compatible with the amendments made in this amending Act.

 

 

Section 8

Commencement provision.