Acts and Regulations

2014-91 - Motor Vehicle Act

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NEW BRUNSWICK
REGULATION 2014-91
under the
Motor Vehicle Act
(O.C. 2014-270)
Filed July 30, 2014
1Section 2.1 of New Brunswick Regulation 83-42 under the Motor Vehicle Act is amended by adding “84.11(1) or (7),” after “84(2), (7) or (10),”.
2Section 23 of the Regulation is amended
(a) in subsection (1)
(i) by repealing the portion preceding paragraph (a) and substituting the following:
23(1)In addition to a class number, a driver’s licence issued under section 22 may be endorsed with a letter to expand on the types of vehicles that can be driven by the holder of the licence, to establish that the holder of the licence holds a motorcycle learner’s licence, or to better describe the status of the holder of the licence as follows:
(ii) by repealing paragraph (a) and substituting the following:
(a) A - valid for motorcycle with an engine size exceeding fifty cubic centimetres;
(iii) by repealing paragraph (c) and substituting the following:
(c) C - valid for motorcycle with an engine size exceeding fifty cubic centimetres and school bus;
(iv) in paragraph (d) by striking out “and” at the end of the paragraph;
(v) in paragraph (f) by striking out the period at the end of the paragraph and substituting a semicolon;
(vi) by adding after paragraph (f) the following:
(g) G - valid for motorcycle with an engine size exceeding fifty cubic centimetres but not exceeding five hundred and fifty cubic centimetres and school bus;
(h) H - a motorcycle learner’s licence valid for motorcycle with an engine size exceeding fifty cubic centimetres but not exceeding five hundred and fifty cubic centimetres; and
(i) I - a motorcycle learner’s licence valid for motorcycle with an engine size exceeding fifty cubic centimetres.
(b) subsection (2) is amended by striking out “B or C” and substituting “B, C or G”.
3Section 25 of the Regulation is repealed and the following is substituted:
25(1)Any person not previously licensed in the Province or in any other jurisdiction to operate a motor vehicle, other than a motorcycle, shall obtain a learner’s licence as prescribed under paragraph 27.1(1)(a) before operating a motor vehicle, other than a motorcycle, in the Province.
25(2)Any person not previously licensed in the Province or in any other jurisdiction to operate a motorcycle shall obtain a motorcycle learner’s licence as prescribed under paragraph 27.11(a) before operating a motorcycle in the Province.
4The Regulation is amended by striking out the heading “LEARNER’S LICENCES” preceding section 27.1 and substituting “LEARNER’S LICENCES AND MOTORCYCLE LEARNER’S LICENCES”.
5Subsection 27.1(2) of the Regulation is amended
(a) in paragraph (a) by striking out “4 or 5;” and substituting “4, 5 or 6; and”;
(b) in paragraph (b) by striking out the semicolon and “and” at the end of the paragraph and substituting a period;
(c) by repealing paragraph (c).
6The Regulation is amended by adding after section 27.1 the following:
27.11For the purposes of section 84.11 of the Act, a motorcycle learner’s licence shall be
(a) a Class 1, 2, 3, 3/4, 4, 5, 6 or 7 licence endorsed with
(i) the letter “H”, in the case of a motorcycle with an engine size exceeding fifty cubic centimetres but not exceeding five hundred and fifty cubic centimetres, or
(ii) the letter “I”, in the case of a motorcycle with an engine size exceeding fifty cubic centimetres, or
(b) subject to subsection 80(3) of the Act, a valid and subsisting licence issued to a non-resident in the home province or country of the non-resident that, in the opinion of the Registrar, authorizes the holder to drive a motorcycle, while receiving instructions in the operation of the motorcycle.
7Subsection 27.2 of the Regulation is amended by repealing the portion preceding paragraph (a) and substituting the following:
27.2(1)The following devices are prescribed for the purposes of the definition “provincially approved screening device” in subsections 310.02(1) and 310.021(1) of the Act and for the purposes of subsections 310.02(14) and 310.021(15) of the Act:
8Section 38 of the Regulation is repealed and the following is substituted:
38A helmet worn by a motorcycle rider shall conform to the requirements of one or more of the following standards:
(a) United States Department of Transportation, Federal Motor Vehicle Safety Standard 218, Motorcycle helmets;
(b) Snell Memorial Foundation M2010, 2010 Standard for Protective Headgear for Use with Motorcycles and Other Motorized Vehicles;
(c) Snell Memorial Foundation M2005, 2005 Standard for Protective Headgear for Use with Motorcycles and Other Motorized Vehicles; and
(d) United Nations Economic Commission for Europe (UNECE), Regulation No. 22, Uniform Provisions Concerning the Approval of Protective Helmets and of Their Visors for Drivers and Passengers of Motor Cycles and Mopeds.
9The Regulation is amended by adding after section 40 the following:
TIRE STANDARDS FOR MOTORCYCLES
40.1(1)For the purpose of subsection 229.1(1) of the Act, the minimum tread depth for a motorcycle tire is at least 1.6 mm (1/16 in.) of tread remaining when measured in any major tread groove on the tire.
40.1(2)The following motorcycle tire conditions are prescribed for the purpose of subsection 229.1(2) of the Act:
(a) any cracks, cuts, scuffs or snags in excess of 2.54 cm (1 in.) that expose body cords in the tread area;
(b) any cracks, cuts, scuffs or snags in the sidewall of the tire to the extent that body cords are damaged or exposed;
(c) any bumps, bulges or lumps indicating separation of the tread, sidewall or bead area;
(d) a noticeable air leak;
(e) tread no longer evident in cupped area;
(f) visible breaks, boots, blowout patches;
(g) a repair consisting of a plug in the tire sidewall; and
(h) any markings indicating that the tire is not for highway use.
10(1)Subject to subsection (2) this Regulation comes into force on April 1, 2015.
10(2)Sections 8 and 9 of this Regulation come into force on August 1, 2014.