Acts and Regulations

2018-91 - Motor Vehicle Act

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NEW BRUNSWICK
REGULATION 2018-91
under the
Motor Vehicle Act
(O.C. 2018-374)
Filed December 14, 2018
1Paragraph 15(13)(a) of New Brunswick Regulation 83-42 under the Motor Vehicle Act is amended by striking out “section 253 or 254 of the Criminal Code” and substituting “subsection 320.14(1) or (4) or subsection 320.15(1) of the Criminal Code”.
2The Regulation is amended by adding before section 27.3 the following:
DETECTABLE DRUGS
27.21For the purposes of section 310.00011 of the Act, the following drugs are prescribed:
(a) cocaine;
(b) methamphetamine; and
(c) tetrahydrocannabinol (THC).
3The heading “FIELD SOBRIETY TEST” preceding section 27.3 of the Regulation is amended by adding “STANDARD” before “FIELD SOBRIETY TEST”.
4Section 27.3 of the Regulation is amended
(a) in subsection (1)
(i) in the portion preceding paragraph (a) by striking out “field sobriety test” and substituting “standard field sobriety test”;
(ii) in paragraph (a) by striking out “hand-held object” and substituting “stimulus”;
(iii) in paragraph (b) by striking out “on one foot”;
(iv) in paragraph (c) by striking out “one of his or her feet” and substituting “the foot of his or her choice”;
(b) in subsection (2) by striking out “field sobriety test” and substituting “standard field sobriety test”.
5The Regulation is amended by adding after section 27.3 the following:
CRITERIA FOR POOR PERFORMANCE
27.31For the purposes of paragraph 310.001(3)(c) of the Act, the criteria to be met for a poor performance on a standard field sobriety test for drugs or a combination of alcohol and drugs are one or more of the following:
(a) for the horizontal gaze nystagmus test under paragraph 27.3(1)(a), if four or more of the following are present:
(i) lack of smooth pursuit with the left eye;
(ii) lack of smooth pursuit with the right eye;
(iii) distinct nystagmus at the maximum deviation of the left eye;
(iv) distinct nystagmus at the maximum deviation of the right eye;
(v) onset of nystagmus in the left eye before 45 degrees;
(vi) onset of nystagmus in the right eye before 45 degrees;
(b) for the walk-and-turn test under paragraph 27.3(1)(b), if two or more of the following are present:
(i) cannot keep balance during instructions;
(ii) begins to walk too soon;
(iii) stops while walking;
(iv) misses heel-to-toe steps;
(v) steps off the straight line;
(vi) uses arms to balance;
(vii) turns improperly;
(viii) takes the wrong number of heel-to-toe steps;
(c) for the one-leg stand test under paragraph 27.3(1)(c), if two or more of the following are present:
(i) sways while foot is raised;
(ii) uses arms for balance while foot is raised;
(iii) hops while foot is raised;
(iv) puts foot down before the time specified.
6This Regulation comes into force on December 18, 2018.