BILL 66

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 1 of the Motor Vehicle Act, chapter M-17 of the Revised Statutes, 1973, is amended by repealing the definition "school bus" and substituting the following:

"school bus" means, unless otherwise indicated, every bus owned by a public or governmental agency and operated for the transportation of children to or from school, or privately owned and operated under contract with a public or governmental agency for the transportation of children to or from school, but does not include

(a) a municipal transit bus, or

(b) a bus privately owned and operated under contract with a public or governmental agency for the transportation of children to or from school, at any time when the bus is not being used for that purpose;

2 Subsection 83(4) of the Act is repealed and the following is substituted:

83(4) No person who holds a licence issued under section 301 shall drive any school vehicle, as defined in the Pupil Conveyance and Lodging Regulation - Education Act, that is conveying pupils.

3 Subsection 140(1.1) of the Act is repealed and the following is substituted:

140(1.1) Any person who violates the provisions of subsection (1)

(a) by driving at a speed of twenty-five kilometres per hour or less in excess of a speed limit referred to in that subsection commits an offence,

(b) by driving at a speed of more than twenty-five kilometres per hour but not more than fifty kilometres per hour in excess of a speed limit referred to in that subsection commits an offence, or

(c) by driving at a speed of more than fifty kilometres per hour in excess of a speed limit referred to in that subsection commits an offence.

4 Section 188 of the Act is amended

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

188(0.1) In this section

"school bus" means a school bus, as defined in section 1, that is identified as a school bus in accordance with regulations made under paragraph 205(1)(c).

(b) in subsection (2) by striking out "a vehicle painted yellow" and substituting "a school bus".

5 Section 205 of the Act is repealed and the following is substituted:

205(1) The Lieutenant-Governor in Council on the recommendation of the Minister may make regulations not inconsistent with this Act

(a) respecting the operation of, the colour, markings and other design features of and the equipment of, mounted in or on or used by every school vehicle, as defined in the Pupil Conveyance and Lodging Regulation - Education Act, that is conveying or is intended to convey pupils, when owned and operated by any school district or privately owned and operated under contract with any school district in the Province;

(b) establishing prohibitions in relation to regulations made under paragraph (a);

(c) respecting the identification of, the operation of, the colour, markings and other design features of and the equipment of, mounted in or on or used by school buses.

205(2) Regulations made under paragraph (1)(a) shall by reference be made a part of any contract referred to in that paragraph with a school district and every school district, its officers and employees, and every person employed under contract by a school district shall be subject to those regulations.

6 Subsection 206(1) of the Act is repealed and the following is substituted:

206(1) No person shall operate and no owner shall cause or knowingly permit to be operated any vehicle or combination of vehicles that

(a) is in such unsafe condition as to endanger any person,

(b) is not equipped with lights, reflectors and other equipment of the description and capacity, and located or mounted as required by sections 209, 210, 212, 213, 214, 215, 216, 218, 219, 220 and 222, where applicable,

(c) is equipped with lamps or on which a lamp or lamps are being used, contrary to the provisions of sections 219, 223, 224 and 225,

(d) is equipped with a portable door mirror or fender mirror when not towing a trailer or other vehicle,

(e) is not equipped with brakes as required by section 233, where applicable,

(f) is not equipped as required by sections 234, 235, 237, 238 and 241 or in which a horn or other warning signal or device is being used contrary to section 234, or

(g) is not equipped with a second attachment as required by section 236, where applicable.

7 Section 220 of the Act is amended

(a) by renumbering the section as subsection 220(1);

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

220(2) Subsection (1) does not apply to a commercial vehicle as defined in section 265.1.

8 Section 236 of the Act is amended

(a) by renumbering the section as subsection 236(1);

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

236(2) Subsection (1) does not apply to a trailer or a semi-trailer, other than a mobile home, when it is being drawn by a commercial vehicle as defined in section 265.1.

9 Paragraph 249(h.1) of the Act is repealed.

10 Section 265.1 of the Act is amended

(a) in the definition "commercial vehicle" in the English version by striking out the period at the end of the definition and substituting a semicolon;

(b) by adding the following definition in alphabetical order:

"Registrar" means the Registrar of Motor Vehicles and includes the Deputy Registrar of Motor Vehicles, an Acting Registrar of Motor Vehicles and any person designated by the Registrar to act on the Registrar's behalf for the purposes of this Part.

11 Subsection 265.3(1) of the Act is amended

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

(c) any revocation of the licence and suspension of the driving privilege of a driver of a commercial vehicle under section 310.01,

(b) by adding after paragraph (c) the following:

(c.1) any reportable accidents or out-of-service incidents involving a commercial vehicle, involving the driver of a commercial vehicle or involving a trailer or semi-trailer being towed by a commercial vehicle, and

12 Subsection 265.6(1) of the Act is repealed and the following is substituted:

265.6(1) Where, in accordance with section 247, a peace officer finds that a commercial vehicle, or a trailer or semi-trailer being towed by a commercial vehicle, is not in conformity with the Act or the regulations, the peace officer may

(a) detain the commercial vehicle, trailer or semi-trailer and cause it to be removed or order the driver to cause it to be removed from its location to a location specified by the peace officer, and

(b) order, in writing, the carrier or the driver to cause the commercial vehicle, trailer or semi-trailer to be repaired, or brought into conformity with this Act or the regulations, as the case may be, as directed in the order.

13 The Act is amended by adding after section 265.71 the following:

265.72 The Registrar may, in the Registrar's discretion and in accordance with the regulations,

(a) notwithstanding subsection 137(1), establish and apply a safety rating system for carriers, rating them by categories established in the regulations on the basis of the information referred to in paragraph 265.3(1)(c.1), any other information described in the regulations and guidelines generally provided for in the regulations, and

(b) notwithstanding subsection 137(1), disclose the safety ratings given to the carrier to insurers, clients or potential insurers or clients of the carrier and to other jurisdictions.

265.73(1) Notwithstanding anything else in this Act, an applicant for the registration of a commercial vehicle, other than a commercial vehicle being leased as described in section 27.1, shall provide to the Registrar with the application for registration the National Safety Code identification number of any carrier for whom the owner of the commercial vehicle will be performing sixty per cent of more of the owner's work as an operator of a commercial vehicle, as determined in accordance with the regulations.

265.73(2) If a commercial vehicle is being leased as described in section 27.1, the lessee shall, when the commercial vehicle is registered, ensure that the Registrar is provided with the National Safety Code identification number of any carrier for whom the lessee will be performing sixty per cent of more of the lessee's work as an operator of the commercial vehicle, as determined in accordance with the regulations.

265.73(3) If a carrier knowingly hires or contracts or has hired or contracted with a person who will operate a commercial vehicle on the carrier's behalf and who will be performing sixty per cent or more of the person's work as an operator of a commercial vehicle for the carrier, as determined in accordance with the regulations,

(a) the person shall

(i) if the person is named on the registration certificate, immediately apply to and obtain from the Registrar a new registration certificate, indicating the National Safety Code identification number of the carrier, and forthwith provide a copy of the certificate to the carrier, and

(ii) if the person is not named on the registration certificate and is leasing the commercial vehicle under a rental agreement or lease for a period of less than thirty days, immediately inscribe the National Safety Code identification number of the carrier on the rental agreement or lease and forthwith provide a copy of the rental agreement or lease to the carrier, and

(b) the carrier shall, as soon as is practicable, ensure that the registration certificate for the commercial vehicle, or the rental agreement or lease, as the case may be, indicates the National Safety Code identification number of that carrier.

265.73(4) The Registrar shall ensure that a notation is made on the registration certificates of commercial vehicles for which a National Safety Code number is provided to the Registrar under this section.

14 Subsection 265.8(1) of the Act is amended

(a) by adding after paragraph (a) the following:

(a.01) respecting mechanical, structural, passenger and other safety standards to be met by commercial vehicles and trailers and semi-trailers being towed by commercial vehicles;

(b) by adding after paragraph (a.3) the following:

(a.4) defining "reportable accident" and "out-of-service incident" for the purposes of this Act and the regulations;

(a.5) respecting the determination of the proportion of any person's work that is being performed for a carrier, as an operator of a commercial vehicle, for the purposes of section 265.73;

(c) by repealing the portion of paragraph (h) preceding subparagraph (i) and substituting the following:

(h) authorizing any peace officer or any officer or employee of the Department of Public Safety at any reasonable time

(d) by repealing paragraph (n) and substituting the following:

(n) authorizing the Registrar, upon the recommendation of the advisory committee, to suspend or revoke the registration of all or any of the commercial vehicles, registration certificates or registration plates for the commercial vehicles, of a carrier;

(e) by adding after paragraph (n) the following:

(n.1) respecting the establishment and application of a safety rating system referred to in section 265.72, including the categories, the information to be used in applying the safety rating system and any other matter in relation to the safety rating system;

15 Paragraph 297(2)(g) of the Act is amended by adding "or (c)" after "140(1.1)(b)".

16 Section 300 of the Act is amended

(a) in subsection (1)

(i) in paragraph (a) by striking out "section 220, 221 or 249" and substituting "section 220, 221, 249, 253 or 254 or subsection 255(2) or (3)";

(ii) in paragraph (b.1) by striking out "six months" and substituting "twelve months";

(b) by repealing subsection (1.1).

17 Subsection 301(1) of the Act is amended by striking out "subsection 302(1), (2)" and substituting "subsection 302(1), (2), (2.1), (2.2)".

18 Section 302 of the Act is amended

(a) by repealing subsection (2) and substituting the following:

302(2) Where any person

(a) is the holder of a licence issued under section 301 after having his or her driving privilege suspended under paragraph 300(1)(b),

(b) does not hold a licence after having his or her driving privilege suspended under paragraph 300(1)(b), or

(c) holds a licence after having his or her driving privilege suspended under paragraph 300(1)(b),

and is convicted of an offence referred to in paragraph 300(1)(a) or (b) within three years after the date of the Registrar's suspension, or has an order directing discharge under subsection 255(5) of the Criminal Code (Canada) issued in relation to him or her within three years after the date of the Registrar's suspension, the Registrar shall revoke the licence and suspend the driving privilege for a period that is twice as long as the period of suspension for which the Registrar could have suspended under subsection 300(1).

(b) by adding after subsection (2) the following:

302(2.1) Subject to subsection (2.2), where any person

(a) is the holder of a licence issued under section 301 after having his or her driving privilege suspended under paragraph 300(1)(a) or (b.1),

(b) does not hold a licence after having his or her driving privilege suspended under paragraph 300(1)(a) or (b.1), or

(c) holds a licence after having his or her driving privilege suspended under paragraph 300(1)(a) or (b.1),

and is convicted of an offence referred to in paragraph 300(1)(a) within five years after the date of the Registrar's suspension, or has an order directing discharge under subsection 255(5) of the Criminal Code (Canada) issued in relation to him or her within five years after the date of the Registrar's suspension, the Registrar shall revoke the licence and suspend the driving privilege for a period of three years.

302(2.2) Where any person

(a) is the holder of a licence issued under section 301 after having his or her driving privilege suspended under paragraph 300(1)(a) or (b.1),

(b) does not hold a licence after having his or her driving privilege suspended under paragraph 300(1)(a) or (b.1), or

(c) holds a licence after having his or her driving privilege suspended under paragraph 300(1)(a) or (b.1),

and is convicted of two or more offences referred to in paragraph 300(1)(a), has two or more orders directing discharge under subsection 255(5) of the Criminal Code (Canada) issued in relation to him or her or is the object of any combination of such convictions or orders, within five years after the date of the Registrar's suspension, the Registrar shall revoke the licence and suspend the driving privilege for a period of five years.

19 Subsection 307(5) of the Act is amended by striking out "subsection 302(2) applies" and substituting "subsections 302(2), (2.1) and (2.2) apply".

20 Subsection 307.1(6) of the Act is amended by striking out "subsection 302(2) applies" and substituting "subsections 302(2), (2.1) and (2.2) apply".

21 Schedule A of the Act is amended

(a) by adding after

140(1.1)(b) E

 

the following:

140(1.1)(c) H

 

(b) by adding after

265.71 E

 

the following:

265.73(1) H

265.73(2) H

265.73(3)(a)(i) H

265.73(3)(a)(ii) H

265.73(3)(b) H

 

22 Sections 1, 2 and 4 to 21 or any provision of them come into force on a day or days to be fixed by proclamation.