Acts and Regulations

M-17 - Motor Vehicle Act

Section 105.1
Disposition versions

Full text
Offence re bringing vehicle to a stop
105.1(1)Every driver who, having been signalled or requested by a peace officer to bring his vehicle to a stop,
(a) fails to stop, and
(b) wilfully continues to avoid a peace officer who is recognizable as such and who is pursuing him
commits an offence.
105.1(2)Subject to subsection (2.1), when a person is convicted of an offence under subsection (1) the judge shall, in addition to any other penalty imposed, make an order revoking the licence and suspending the driving privilege of the person for a period of one to three years or, if the person does not hold a licence, suspending the person’s driving privilege for a period of one to three years, and the suspension shall be in addition to any other period for which the driving privilege is already suspended and consecutive thereto.
105.1(2.1)When a person is convicted of an offence under subsection (1), the judge shall not make an order revoking the licence and suspending the driving privilege of the person, or an order suspending the driving privilege of the person, unless the prosecutor satisfies the judge that the person, before entering a plea, was notified of all penalties that could be incurred as a consequence of conviction including revocation of licence and suspension of driving privilege.
105.1(2.2)A person may be notified under subsection (2.1) by serving the person with a notice in the form prescribed by regulation and the notice may be served and service of the notice may be proved in accordance with the Provincial Offences Procedure Act.
105.1(3)A revocation and suspension or a suspension ordered under subsection (2) shall commence on conviction and the judge shall
(a) if the convicted person is present in court, require the surrender to the judge of all licences held by the person under this Act, and
(b) forward to the Registrar a record of the conviction, revocation and suspension, or of the conviction and suspension, together with any licences surrendered to the judge under paragraph (a).
105.1(3.1)Upon receipt of a record referred to in paragraph (3)(b), the Registrar shall
(a) give the convicted person written notice of the revocation and suspension or of the suspension, and
(b) if the Registrar has not received all licences of the person under paragraph (3)(b), give the person written notice requiring the surrender to the Registrar of all licences held by the person under this Act.
105.1(3.2)Any person who receives notice from the Registrar under paragraph (3.1)(b) shall immediately comply with the notice.
105.1(4)Where an order is made under subsection (2) imposing a revocation and suspension, or a suspension, that is longer than one year in duration, an appeal may be taken from the order in respect of the period of revocation or suspension that exceeds one year in the same manner as an appeal may be taken from a conviction or acquittal in respect of an offence under this Act.
105.1(5)When an appeal is taken from an order under subsection (2), the court being appealed to may direct that the order being appealed from shall be stayed pending the final disposition of the appeal or until otherwise ordered by that court.
105.1(6)In this section “driving privilege” has the same meaning as it has in section 294.
105.1(7)Repealed: 1988, c.24, s.2
105.1(8)The Lieutenant-Governor in Council may by regulation prescribe a form for the purposes of subsection (2.2).
1985, c.34, s.11; 1987, c.38, s.5; 1988, c.24, s.2; 1990, c.22, s.33; 1990, c.61, s.84; 1998, c.30, s.9
Traffic rules
105.1(1)Every driver who, having been signalled or requested by a peace officer to bring his vehicle to a stop,
(a) fails to stop, and
(b) wilfully continues to avoid a peace officer who is recognizable as such and who is pursuing him
commits an offence.
105.1(2)Subject to subsection (2.1), when a person is convicted of an offence under subsection (1) the judge shall, in addition to any other penalty imposed, make an order revoking the licence and suspending the driving privilege of the person for a period of one to three years or, if the person does not hold a licence, suspending the person’s driving privilege for a period of one to three years, and the suspension shall be in addition to any other period for which the driving privilege is already suspended and consecutive thereto.
105.1(2.1)When a person is convicted of an offence under subsection (1), the judge shall not make an order revoking the licence and suspending the driving privilege of the person, or an order suspending the driving privilege of the person, unless the prosecutor satisfies the judge that the person, before entering a plea, was notified of all penalties that could be incurred as a consequence of conviction including revocation of licence and suspension of driving privilege.
105.1(2.2)A person may be notified under subsection (2.1) by serving the person with a notice in the form prescribed by regulation and the notice may be served and service of the notice may be proved in accordance with the Provincial Offences Procedure Act.
105.1(3)A revocation and suspension or a suspension ordered under subsection (2) shall commence on conviction and the judge shall
(a) if the convicted person is present in court, require the surrender to the judge of all licences held by the person under this Act, and
(b) forward to the Registrar a record of the conviction, revocation and suspension, or of the conviction and suspension, together with any licences surrendered to the judge under paragraph (a).
105.1(3.1)Upon receipt of a record referred to in paragraph (3)(b), the Registrar shall
(a) give the convicted person written notice of the revocation and suspension or of the suspension, and
(b) if the Registrar has not received all licences of the person under paragraph (3)(b), give the person written notice requiring the surrender to the Registrar of all licences held by the person under this Act.
105.1(3.2)Any person who receives notice from the Registrar under paragraph (3.1)(b) shall immediately comply with the notice.
105.1(4)Where an order is made under subsection (2) imposing a revocation and suspension, or a suspension, that is longer than one year in duration, an appeal may be taken from the order in respect of the period of revocation or suspension that exceeds one year in the same manner as an appeal may be taken from a conviction or acquittal in respect of an offence under this Act.
105.1(5)When an appeal is taken from an order under subsection (2), the court being appealed to may direct that the order being appealed from shall be stayed pending the final disposition of the appeal or until otherwise ordered by that court.
105.1(6)In this section “driving privilege” has the same meaning as it has in section 294.
105.1(7)Repealed: 1988, c.24, s.2
105.1(8)The Lieutenant-Governor in Council may by regulation prescribe a form for the purposes of subsection (2.2).
1985, c.34, s.11; 1987, c.38, s.5; 1988, c.24, s.2; 1990, c.22, s.33; 1990, c.61, s.84; 1998, c.30, s.9