Acts and Regulations

M-17 - Motor Vehicle Act

Section 309
Disposition versions

Full text
Driver examination
309(1)The Registrar, having reason to believe that a licensed driver is not able to operate a motor vehicle with safety on the highways, may require the licensed driver, before the date stated in a written notice, to do one or both of the following:
(a) to submit to an examination by a medical practitioner and to deliver to the Registrar on a form provided by the Registrar the results of the examination;
(b) to submit to an examination under section 89.
309(2)The date stated in a written notice issued under subsection (1) shall be, if the notice is delivered personally, at least five days after the notice is delivered and, if the notice is delivered by mail, at least five days after the giving of notice is deemed to be complete under subsection 13(2).
309(3)On receiving the results of an examination by a medical practitioner under paragraph (1)(a), the Registrar may request additional information from the medical practitioner.
309(4)On receiving the results of an examination by a medical practitioner under paragraph (1)(a), on receiving the additional information requested under subsection (3), or on receiving the results of an examination under section 89, the Registrar may issue to the driver a licence subject to such restrictions as the Registrar has reason to believe are necessary to assure the safe operation of a motor vehicle on the highways by the driver, including, but not limited to,
(a) restrictions suitable to the driver’s driving ability, and
(b) restrictions with respect to the type of special mechanical control devices required on a motor vehicle that the driver may operate.
309(5)On receiving the results of an examination by a medical practitioner under paragraph (1)(a), or on receiving the additional information requested under subsection (3), the Registrar shall suspend or revoke the licence of the licensed driver if the Registrar is satisfied on the basis of the results of the examination, or on the basis of the results of the examination and the additional information requested, that the licensed driver, because of physical or mental impairment, disease or condition, is not able to operate a motor vehicle with safety on the highways.
309(6)On receiving the results of an examination under paragraph (1)(b), the Registrar shall suspend or revoke the licence of the licensed driver if the licensed driver has not passed all parts of the examination required by section 89.
309(7)The Registrar may suspend or revoke the licence of a licensed driver required under subsection (1) to submit to an examination by a medical practitioner, and to deliver to the Registrar on a form provided by the Registrar the results of the examination, if the licensed driver refuses or fails to submit to the examination and to deliver the results of the examination to the Registrar before the date stated in the written notice.
309(8)The Registrar may suspend or revoke the licence of a licensed driver required under subsection (1) to submit to an examination under section 89 if the licensed driver refuses or fails to submit to the examination before the date stated in the written notice.
309(9)The Registrar, on application, may reinstate a licence suspended or revoked under this section if the Registrar is satisfied that the person meets all requirements for the issuance of a licence.
309(10)The Registrar may, on reinstating a licence suspended or revoked under this section, impose such restrictions as the Registrar has reason to believe are necessary to assure the safe operation of a motor vehicle on the highways by the driver, including, but not limited to,
(a) restrictions suitable to the driver’s driving ability, and
(b) restrictions with respect to the type of special mechanical control devices required on a motor vehicle that the driver may operate.
309(11)The Registrar may either issue a special restricted licence or may set forth the restrictions imposed under this section upon the usual licence form.
309(12)Any person who being the holder of a restricted licence under the provisions of this section drives a motor vehicle in contravention of any restriction imposed by the Registrar and set forth upon such licence commits an offence.
309(13)The Registrar may suspend or revoke the licence of any person convicted of an offence under subsection (12).
1955, c.13, s.280; 1972, c.48, s.58; 1994, c.4, s.5
Driver examination
309(1)The Registrar, having reason to believe that a licensed driver is not able to operate a motor vehicle with safety on the highways, may require the licensed driver, before the date stated in a written notice, to do one or both of the following:
(a) to submit to an examination by a medical practitioner and to deliver to the Registrar on a form provided by the Registrar the results of the examination;
(b) to submit to an examination under section 89.
309(2)The date stated in a written notice issued under subsection (1) shall be, if the notice is delivered personally, at least five days after the notice is delivered and, if the notice is delivered by mail, at least five days after the giving of notice is deemed to be complete under subsection 13(2).
309(3)On receiving the results of an examination by a medical practitioner under paragraph (1)(a), the Registrar may request additional information from the medical practitioner.
309(4)On receiving the results of an examination by a medical practitioner under paragraph (1)(a), on receiving the additional information requested under subsection (3), or on receiving the results of an examination under section 89, the Registrar may issue to the driver a licence subject to such restrictions as the Registrar has reason to believe are necessary to assure the safe operation of a motor vehicle on the highways by the driver, including, but not limited to,
(a) restrictions suitable to the driver’s driving ability, and
(b) restrictions with respect to the type of special mechanical control devices required on a motor vehicle that the driver may operate.
309(5)On receiving the results of an examination by a medical practitioner under paragraph (1)(a), or on receiving the additional information requested under subsection (3), the Registrar shall suspend or revoke the licence of the licensed driver if the Registrar is satisfied on the basis of the results of the examination, or on the basis of the results of the examination and the additional information requested, that the licensed driver, because of physical or mental impairment, disease or condition, is not able to operate a motor vehicle with safety on the highways.
309(6)On receiving the results of an examination under paragraph (1)(b), the Registrar shall suspend or revoke the licence of the licensed driver if the licensed driver has not passed all parts of the examination required by section 89.
309(7)The Registrar may suspend or revoke the licence of a licensed driver required under subsection (1) to submit to an examination by a medical practitioner, and to deliver to the Registrar on a form provided by the Registrar the results of the examination, if the licensed driver refuses or fails to submit to the examination and to deliver the results of the examination to the Registrar before the date stated in the written notice.
309(8)The Registrar may suspend or revoke the licence of a licensed driver required under subsection (1) to submit to an examination under section 89 if the licensed driver refuses or fails to submit to the examination before the date stated in the written notice.
309(9)The Registrar, on application, may reinstate a licence suspended or revoked under this section if the Registrar is satisfied that the person meets all requirements for the issuance of a licence.
309(10)The Registrar may, on reinstating a licence suspended or revoked under this section, impose such restrictions as the Registrar has reason to believe are necessary to assure the safe operation of a motor vehicle on the highways by the driver, including, but not limited to,
(a) restrictions suitable to the driver’s driving ability, and
(b) restrictions with respect to the type of special mechanical control devices required on a motor vehicle that the driver may operate.
309(11)The Registrar may either issue a special restricted licence or may set forth the restrictions imposed under this section upon the usual licence form.
309(12)Any person who being the holder of a restricted licence under the provisions of this section drives a motor vehicle in contravention of any restriction imposed by the Registrar and set forth upon such licence commits an offence.
309(13)The Registrar may suspend or revoke the licence of any person convicted of an offence under subsection (12).
1955, c.13, s.280; 1972, c.48, s.58; 1994, c.4, s.5