BILL NO. 4. An Act to Amend the Highway Traffic Act

Transcription

1 HOUSE USE ONLY CHAIR: WITH / WITHOUT 1st SESSION, 65th GENERAL ASSEMBLY Province of Prince Edward Island 64 ELIZABETH II, 2015 BILL NO. 4 An Act to Amend the Highway Traffic Act Honourable Paula J. Biggar Minister of Transportation, Infrastructure and Energy GOVERNMENT BILL MICHAEL D. FAGAN Queen s Printer Charlottetown, Prince Edward Island

2 For House Use Only Prince Edward Island Legislative Assembly AMENDMENTS ASSEMBLY / SESSION / YEAR 65th General / 1st / 2015 BILL NUMBER: 4 PAGE No. of PAGES TITLE: AN ACT TO AMEND THE HIGHWAY TRAFFIC ACT # SECTION AMENDMENT DATE NOTED: CERTIFIED CORRECT: COMMITTEE CLERK CHAIRMAN, IN COMMITTEE

3 BILL NO An Act to Amend the Highway Traffic Act BE IT ENACTED by the Lieutenant Governor and the Legislative Assembly of the Province of Prince Edward Island as follows: 1. Clause 73(1)(n) of the Highway Traffic Act R.S.P.E.I. 1988, Cap. H-5 is amended by the deletion of the words an alcohol addiction or consumption management program and the substitution of the words an alcohol or drug addiction program, or both, or an alcohol or drug consumption management program, or both, as directed by the Registrar. 2. Subsection 261(2) of the Act is amended by the addition of the words 333.1, after the words offence under sections. 3. Clause 277.2(1)(b) of the Act is repealed and the following substituted: (b) that the ability of a driver of a motor vehicle, or a person who has care or control of a motor vehicle, to operate the motor vehicle is impaired by a drug; (b.1) that the ability of a driver of a motor vehicle, or a person who has care or control of a motor vehicle, to operate the motor vehicle is impaired by a combination of a drug and alcohol; or 4. (1) Clause 277.7(1)(a) of the Act is amended (a) in subclause (i), by the deletion of the words blood, or and the substitution of the words blood, ; and (b) by the repeal of subclause (ii) and the substitution of the following: (ii) while the ability of the person to operate the motor vehicle was impaired by a drug, or (ii.1) while the ability of the person to operate the motor vehicle was impaired by a combination of a drug and alcohol; or (2) Clause 277.7(2)(a) of the Act is amended (a) in subclause (i), by the deletion of the words blood, or and the substitution of the words blood, ; and (b) by the repeal of subclause (ii) and substituting the following: 1

4 2 Bill No. 4 An Act to Amend the Highway Traffic Act 2015 (ii) while the ability of the person to operate the motor vehicle was impaired by a drug, or (ii.1) while the ability of the person to operate the motor vehicle was impaired by a combination of a drug and alcohol; or 5. Section of the Act is amended by the addition of the following after subsection (1): Provincially approved screening device, etc. (1.1) For the purposes of this section, (a) an approved screening device includes a provincially approved screening device; and (b) an approved instrument includes a provincially approved instrument, as set out in the regulations. 6. (1) Subsection 319(1) of the Act is amended by the deletion of the words certified abstract wherever they occur and the substitution of the words certified basic abstract. (2) Subsection 319(1.1) of the Act is repealed and the following substituted: Contents of basic abstract Premium abstract (1.1) A certified basic abstract shall fully set out (a) the accident records of the person to whom it relates for a period of 5 years, where the accident involved a collision; (b) the record of any conviction of the person for a violation of the Criminal Code relating to the operation of a motor vehicle, for a period of 5 years; (c) the record of any conviction of the person for a violation of an enactment relating to the operation of a motor vehicle, for a period of 3 years; and (d) the record of any unsatisfied judgment against the person relating to a motor vehicle accident, according to the records of the Registrar and, if there is no record of an accident or conviction for the period specified in clauses (a) to (c), or an unsatisfied judgment referred to in clause (d), in respect of the person in the office of the Registrar, the Registrar shall certify that fact. (1.2) The Registrar shall, upon request, in person or in writing and on payment of the prescribed fee, furnish a certified premium abstract of a person s operating record (a) to the person to whom the operating record relates; and (b) with the written consent of the person referred to in clause (a), to any insurer or surety to whom the person is making application for insurance or coverage or by whom the person is currently insured or covered in respect of an insured motor vehicle. 2

5 2015 An Act to Amend the Highway Traffic Act Bill No. 4 3 (1.3) A certified premium abstract shall fully set out, in accordance with the regulations, (a) the complete record of accidents involving collisions in respect of the person to whom it relates; (b) the complete record of any conviction of the person for a violation of any enactment relating to the operation of a motor vehicle; (c) the complete record of any conviction of the person for a violation of the Criminal Code relating to the operation of a motor vehicle; (d) the record of any unsatisfied judgment against the person relating to a motor vehicle accident; (e) all courses successfully completed by the person that relate to the safe operation of a motor vehicle; and (f) any other driving record of the person that is in the custody or control of the Registrar, according to the records of the Registrar and, if there is no record of an accident, conviction or unsatisfied judgment in respect of the person, the Registrar shall certify that fact. (3) Subsection 319(2) of the Act is amended by the deletion of the words under subsection (1) and the substitution of the words under subsection (1) or (1.2). 7. Subsection 320(1) of the Act is repealed and the following substituted: 320. (1) In addition to the minimum level of insurance required in respect of a motor vehicle liability policy under subsection 234(1) of the Insurance Act R.S.P.E.I. 1988, Cap. I-4, the Minister may require commercial vehicles specified in the regulations to be covered with any or all of the following types of insurance to the amounts specified in the regulations: (a) public liability; (b) property damage; (c) cargo insurance; or (d) passenger hazard insurance. 8. The Schedule to the Act is amended by the repeal of the entry relating to subsection 291.1(1) and the substitution of the following: 291.1(1) Driver driving while holding or using hand-held communication device capable of receiving or transmitting phone calls, electronic data, or text messages 500 1, This Act comes into force on a date that may be fixed by proclamation of the Lieutenant Governor in Council. Contents of premium abstract Commercial vehicle insurance 3

6 4 Bill No. 4 An Act to Amend the Highway Traffic Act 2015 EXPLANATORY NOTES SECTION 1 amends clause 73(1)(n) of the Act to expand the reference to an alcohol addiction or consumption program to include a drug addiction or consumption program and a program that deals with both alcohol and drug addiction or consumption. SECTION 2 amends subsection 261(2) of the Act to add section of the Criminal Code (theft of a motor vehicle) as an offence in respect of which a convicted person s driver s license may be cancelled by the Registrar. SECTION 3 repeals clause 277.2(1)(b) of the Act and substitutes new clauses 277.2(1)(b) and (b.1). Clause 277.2(1)(b) specifies the offence of driving or having care or control of a motor vehicle while the driver s ability to do so is impaired by a drug. Clause 277.2(1)(b.1) specifies the offence of driving or having care or control of a motor vehicle while the driver s ability to do so is impaired by a combination of a drug and alcohol. These offences are now dealt with separately in the Criminal Code. SECTION 4 amends subsections 277.7(1) and (2) of the Act to separate the reference to the offence of operating or having care or control of a motor vehicle while the driver s ability to do so was impaired by a drug from the offence of operating or having care or control of a motor vehicle while the driver s ability to do so was impaired by a combination of a drug and alcohol, for consistency with the amendments set out in section 3. SECTION 5 amends section of the Act by adding a new subsection (1.1) to provide definitions of approved screening device and approved instrument. SECTION 6 amends section 319 of the Act to authorize the Registrar to provide both a certified basic abstract of a driver s record containing specified information and, for a higher fee, a certified premium abstract that contains additional information concerning the person s driver s record. The fees will be prescribed. The fee for the certified basic abstract will remain $25. The proposed fee for the certified premium abstract is $50. SECTION 7 repeals subsection 320(1) of the Act and substitutes a new subsection (1) to clarify the authority of the Minister to require specified commercial vehicles to carry specified amounts of insurance in addition 4

7 2015 An Act to Amend the Highway Traffic Act Bill No. 4 5 to the minimum level of insurance required under subsection 234(1) of the Insurance Act. The types of commercial vehicles and the additional insurance amounts will be prescribed. SECTION 8 amends the Schedule to the Act to increase the minimum and maximum fines for a conviction for driving while holding or using a hand-held communication device capable of receiving or transmitting phone calls, electronic data, or text messages, under subsection 291.1(1) of the Act. SECTION 9 provides for the commencement of this Act. 5

8 BILL NO. 4 An Act to Amend the Highway Traffic Act STAGE: DATE: 1st Reading: June 4, nd Reading: To Committee: Reported: 3rd Reading and Pass: Assent: SIGNATURES: Honourable H. Frank Lewis, Lieutenant Governor Honourable Francis (Buck) Watts, Speaker Clerk Honourable Paula J. Biggar Minister of Transportation, Infrastructure and Energy GOVERNMENT BILL st SESSION, 65th GENERAL ASSEMBLY