Controlled-access roadway – pedestrians, bicycles, non-motorized traffic, motor-driven cycle
160(1)The use of any controlled-access roadway by pedestrians, bicycles, or other non-motorized traffic or by any person operating a motor-driven cycle may be prohibited as follows:
(a)
by local authorities by by-law, with respect to any controlled-access roadway under their jurisdictions;
(b)
by the New Brunswick Highway Corporation by order, with respect to any controlled-access roadway under its administration and control; and
(c)
by the Minister of Transportation and Infrastructure by order, with respect to all other roadways, including, without limiting the generality of the foregoing, those under the administration and control of a project company.
160(2)Notice of such prohibition shall be given by the erection of a traffic control device at each entrance to the controlled-access roadway and no person shall walk or drive on the roadway in disobedience to a prohibition indicated by the traffic control device.
160(3)On a prosecution for an offence under subsection (2), evidence that a traffic control device giving notice of the prohibition was at the time of the alleged offence erected at any entrance to the controlled-access roadway is
prima facie proof
(a)
of the existence and validity of the order or by-law creating the prohibition, and
(b)
that such a traffic control device was erected at each entrance to such roadway.
1955, c.13, s.142; 1961-62, c.62, s.54; 1968, c.38, s.10A; 1972, c.48, s.41; 1978, c.D-11.2, s.26; 1995, c.N-5.11, s.44; 1997, c.62, s.9; 2006, c.13, s.16; 2010, c.31, s.85