Acts and Regulations

M-17 - Motor Vehicle Act

Full text
Effect of unsatisfied judgment
276(1)The motor vehicle privileges of every person who fails to satisfy a judgment rendered against him, by any court of New Brunswick, or in any other province of Canada or the Federal Court, which has become final by affirmation on appeal or by expiry without appeal of the time allowed for appeal, for damages on account of injury to or death of any person or on account of damages to property of one thousand dollars or more occasioned by a motor vehicle or farm tractor within fifteen days from the date upon which said judgment became final shall be forthwith suspended by the Registrar, upon receiving a certificate of such final judgment issued from the court in which the same is rendered, together with the affidavit referred to in section 286, and shall remain so suspended, and shall not at any time thereafter be renewed, nor shall any new motor vehicle privilege be thereafter issued to such person until he has filed proof of financial responsibility and
(a) satisfies or discharges the judgment, otherwise than by a discharge in bankruptcy, to the extent of at least two hundred thousand dollars, exclusive of interest and costs,
(b) commences payment of the judgment in accordance with section 285,
(c) five years after the judgment, has paid fifty per cent of the amount outstanding,
(d) six years after the judgment, has paid forty per cent of the amount outstanding,
(e) seven years after the judgment, has paid thirty per cent of the amount outstanding,
(f) eight years after the judgment, has paid twenty per cent of the amount outstanding,
(g) nine years after the judgment, has paid ten per cent of the amount outstanding, or
(h) ten years has elapsed since the date of judgment.
276(1.1)Subsection (1) shall not apply when the motor vehicle privileges of a person are reinstated under subsection 319(6) on the condition that repayment to the Unsatisfied Judgment Fund has been commenced if the judgment arises out of the same accident to which the repayment to the Unsatisfied Judgment Fund relates.
276(2)The Lieutenant-Governor in Council, upon the report of the Minister that a state has enacted legislation similar in effect to subsection (1), and that such legislation extends and applies to judgments rendered and become final against residents of that state by any court of competent jurisdiction in New Brunswick, may by proclamation, declare that the provisions of subsection (1) shall extend and apply to judgments rendered and become final against residents of New Brunswick by any court of competent jurisdiction in such state.
276(3)If after such proof of financial responsibility has been given, any other judgment against such person, for any accident which occurred before such proof was furnished, and after the coming into force of this Part, is reported to the Registrar, the motor vehicle privilege of such person shall again be, and remain, suspended until such judgment is satisfied or discharged, otherwise than by a discharge in bankruptcy, to the extent set out in subsection (1).
276(4)If any person to whom subsection (1) applies is not a resident in New Brunswick, the privilege of operating any motor vehicle in New Brunswick and the privilege of operation in New Brunswick of any motor vehicle registered in his name, shall be, and is suspended and withdrawn forthwith by virtue of such judgment until he has complied with the provisions of subsection (1).
1955, c.13, s.248; 1956, c.19, s.23; 1959, c.23, s.17; 1961-62, c.62, s.100; 1963 (2nd Sess.), c.29, s.7; 1964, c.43, s.6; 1970, c.34, s.15; 1977, c.32, s.26; 1978, c.39, s.18; 1980, c.34, s.14; 1985, c.34, s.24; 1993, c.5, s.14
Effect of unsatisfied judgment
276(1)The motor vehicle privileges of every person who fails to satisfy a judgment rendered against him, by any court of New Brunswick, or in any other province of Canada or the Federal Court, which has become final by affirmation on appeal or by expiry without appeal of the time allowed for appeal, for damages on account of injury to or death of any person or on account of damages to property of one thousand dollars or more occasioned by a motor vehicle or farm tractor within fifteen days from the date upon which said judgment became final shall be forthwith suspended by the Registrar, upon receiving a certificate of such final judgment issued from the court in which the same is rendered, together with the affidavit referred to in section 286, and shall remain so suspended, and shall not at any time thereafter be renewed, nor shall any new motor vehicle privilege be thereafter issued to such person until he has filed proof of financial responsibility and
(a) satisfies or discharges the judgment, otherwise than by a discharge in bankruptcy, to the extent of at least two hundred thousand dollars, exclusive of interest and costs,
(b) commences payment of the judgment in accordance with section 285,
(c) five years after the judgment, has paid fifty per cent of the amount outstanding,
(d) six years after the judgment, has paid forty per cent of the amount outstanding,
(e) seven years after the judgment, has paid thirty per cent of the amount outstanding,
(f) eight years after the judgment, has paid twenty per cent of the amount outstanding,
(g) nine years after the judgment, has paid ten per cent of the amount outstanding, or
(h) ten years has elapsed since the date of judgment.
276(1.1)Subsection (1) shall not apply when the motor vehicle privileges of a person are reinstated under subsection 319(6) on the condition that repayment to the Unsatisfied Judgment Fund has been commenced if the judgment arises out of the same accident to which the repayment to the Unsatisfied Judgment Fund relates.
276(2)The Lieutenant-Governor in Council, upon the report of the Minister that a state has enacted legislation similar in effect to subsection (1), and that such legislation extends and applies to judgments rendered and become final against residents of that state by any court of competent jurisdiction in New Brunswick, may by proclamation, declare that the provisions of subsection (1) shall extend and apply to judgments rendered and become final against residents of New Brunswick by any court of competent jurisdiction in such state.
276(3)If after such proof of financial responsibility has been given, any other judgment against such person, for any accident which occurred before such proof was furnished, and after the coming into force of this Part, is reported to the Registrar, the motor vehicle privilege of such person shall again be, and remain, suspended until such judgment is satisfied or discharged, otherwise than by a discharge in bankruptcy, to the extent set out in subsection (1).
276(4)If any person to whom subsection (1) applies is not a resident in New Brunswick, the privilege of operating any motor vehicle in New Brunswick and the privilege of operation in New Brunswick of any motor vehicle registered in his name, shall be, and is suspended and withdrawn forthwith by virtue of such judgment until he has complied with the provisions of subsection (1).
1955, c.13, s.248; 1956, c.19, s.23; 1959, c.23, s.17; 1961-62, c.62, s.100; 1963(2nd Sess.), c.29, s.7; 1964, c.43, s.6; 1970, c.34, s.15; 1977, c.32, s.26; 1978, c.39, s.18; 1980, c.34, s.14; 1985, c.34, s.24; 1993, c.5, s.14