Acts and Regulations

M-17 - Motor Vehicle Act

Section 84.11
Disposition versions

Full text
Motorcycle learner’s licences
84.11(1)A person who is at least 16 years of age and who has successfully passed a licensed driver training course in the operation of a motorcycle may apply to the Registrar for a motorcycle learner’s licence and, after the applicant has successfully passed all parts of the examination required by section 89 other than the road test and has provided documentary proof of having successfully passed the licensed driver training course, the Registrar may issue a motorcycle learner’s licence to the applicant.
84.11(2)Subject to this section, a motorcycle learner’s licence entitles the holder to drive a motorcycle on a public highway while having possession of the licence.
84.11(3)A novice motorcycle driver who holds a motorcycle learner’s licence and who operates or has care or control of a motorcycle, whether in motion or not, shall comply with the following conditions of the licence:
(a) the novice motorcycle driver shall not carry any other person on the motorcycle nor shall any other person ride on the motorcycle;
(b) the novice motorcycle driver shall not operate the motorcycle to tow another vehicle;
(c) the novice motorcycle driver shall not operate the motorcycle between sunset and sunrise;
(d) the novice motorcycle driver shall not have consumed alcohol in a quantity that the concentration in his or her blood exceeds zero milligrams of alcohol in one hundred millilitres of blood; and
(e) the novice motorcycle driver shall not have consumed a drug that is prescribed by regulation in such a quantity that its presence is detectable by approved drug screening equipment.
84.11(4)For the purposes of paragraph (3)(c), the times of sunrise and sunset shall be deemed to be the following Atlantic Standard Times:
Period
Sunrise
Sunset
(a.m.)
(p.m.)
 
January 1 to January 10
8:10
4:53
 
January 11 to January 20
8:06
5:05
 
January 21 to January 30
7:58
5:18
 
January 31 to February 9
7:47
5:34
 
February 10 to February 19
7:33
5:48
 
February 20 to March 1
7:17
6:03
 
March 2 to March 11
6:58
6:18
 
March 12 to March 21
6:39
6:32
 
March 22 to March 31
6:20
6:45
 
April 1 to April 10
6:00
6:59
 
April 11 to April 20
5:41
7:13
 
April 21 to April 30
5:23
7:26
 
May 1 to May 10
5:07
7:38
 
May 11 to May 20
4:52
7:51
 
May 21 to May 30
4:42
8:03
 
May 31 to June 9
4:36
8:12
 
June 10 to June 19
4:32
8:19
 
June 20 to June 30
4:33
8:23
 
July 1 to July 11
4:39
8:21
 
July 12 to July 21
4:48
8:15
 
July 22 to July 31
4:58
8:06
 
August 1 to August 10
5:10
7:53
 
August 11 to August 20
5:23
7:36
 
August 21 to August 31
5:36
7:20
 
September 1 to September 11
5:50
6:57
 
September 12 to September 21
6:04
6:37
 
September 22 to September 30
6:17
6:18
 
October 1 to October 11
6:29
5:58
 
October 12 to October 21
6:43
5:39
 
October 22 to October 31
6:58
5:22
 
November 1 to November 10
7:12
5:06
 
November 11 to November 20
7:26
4:54
 
November 21 to November 30
7:40
4:44
 
December 1 to December 10
7:53
4:39
 
December 11 to December 20
8:02
4:40
 
December 21 to December 31
8:08
4:44
84.11(5)It is a defence to a charge against a novice motorcycle driver under paragraph (3)(a), (b) or (c) if the novice motorcycle driver can establish that an immediate threat to the novice motorcycle driver’s health or safety, or the health or safety of a passenger on the motorcycle, existed or was likely to exist if paragraph (3)(a), (b) or (c) was complied with.
84.11(6)A novice motorcycle driver who has been the holder of a motorcycle learner’s licence without interruption for the preceding 12 calendar months and who has successfully passed the required road test, is qualified to apply for a driver’s licence authorizing the holder to drive a motorcycle.
84.11(7)For the purposes of subsection (6), a period of time during which a novice motorcycle driver is a licensed motorcycle driver in another province, in a territory of Canada or in another country, during the preceding two years, may be substituted for a period of time during which the novice motorcycle driver would be required to hold a motorcycle learner’s licence, in whole or in part, if, in the opinion of the Registrar, the substituted period and the period or periods substituted for constitute periods of equivalent experience and there has been no interruption between any two periods of time to be combined.
84.11(8)Despite any other provision of this Act or the regulations, if a person is convicted of an offence under paragraph (3)(d) or (e) or subsection 310.021(14) and is under the age of 21 years or is the holder of a learner’s licence, the Registrar shall revoke any licence that is held by the person at the time of the conviction, and shall suspend the driving privilege of the person, whether or not the person holds a licence, for a period expiring on the later of
(a) the expiration of any periods of revocation and suspension already imposed, and
(b) the expiration of one year from the date on which the revocation or suspension commences.
84.11(9)The Registrar shall not issue a new motorcycle learner’s licence to a person whose licence has been revoked or whose driving privilege has been suspended under subsection (8) unless the applicable period referred to in that subsection has expired and the person has
(a) successfully completed the impaired driver re-education course approved by the Minister of Health after the revocation or suspension,
(b) paid the fee set by the Registrar for the course, and
(c) fulfilled the requirements of this section.
84.11(10)The Registrar shall not issue a new licence to a person whose licence, other than a motorcycle learner’s licence, has been revoked or whose driving privilege has been suspended under subsection (8) unless the applicable period referred to in that subsection has expired and the person has fulfilled the requirements of paragraphs (9)(a) and (b).
84.11(11)The Registrar shall not issue a new motorcycle learner’s licence to a person whose licence has been revoked or whose driving privilege has been suspended under subsection 298(4) or 300(1) or (2) until the person has fulfilled the requirements of this section.
84.11(12)Subsection 301.01(1) applies with the necessary modifications to a fee paid under paragraph (9)(b) or subsection (10).
84.11(13)A novice motorcycle driver referred to in subsection (9) or (11) shall not receive credit
(a) under subsection (6) for any time spent holding a motorcycle learner’s licence before the revocation of the licence, or
(b) under subsection (1) for a licensed driver training course successfully passed before the revocation of the licence.
84.11(14)This section does not apply to motor driven cycles.
2014, c.44, s.5; 2017, c.54, s.3; 2021, c.12, s.9
Motorcycle learner’s licences
84.11(1)A person who is at least 16 years of age and who has successfully passed a licensed driver training course in the operation of a motorcycle may apply to the Registrar for a motorcycle learner’s licence and, after the applicant has successfully passed all parts of the examination required by section 89 other than the road test and has provided documentary proof of having successfully passed the licensed driver training course, the Registrar may issue a motorcycle learner’s licence to the applicant.
84.11(2)Subject to this section, a motorcycle learner’s licence entitles the holder to drive a motorcycle on a public highway while having possession of the licence.
84.11(3)A novice motorcycle driver who holds a motorcycle learner’s licence and who operates or has care or control of a motorcycle, whether in motion or not, shall comply with the following conditions of the licence:
(a) the novice motorcycle driver shall not carry any other person on the motorcycle nor shall any other person ride on the motorcycle;
(b) the novice motorcycle driver shall not operate the motorcycle to tow another vehicle;
(c) the novice motorcycle driver shall not operate the motorcycle between sunset and sunrise;
(d) the novice motorcycle driver shall not have consumed alcohol in a quantity that the concentration in his or her blood exceeds zero milligrams of alcohol in one hundred millilitres of blood; and
(e) the novice motorcycle driver shall not have consumed a drug that is prescribed by regulation in such a quantity that its presence is detectable by approved drug screening equipment.
84.11(4)For the purposes of paragraph (3)(c), the times of sunset and sunrise are the times set out in section 35 of the Fish and Wildlife Act.
84.11(5)It is a defence to a charge against a novice motorcycle driver under paragraph (3)(a), (b) or (c) if the novice motorcycle driver can establish that an immediate threat to the novice motorcycle driver’s health or safety, or the health or safety of a passenger on the motorcycle, existed or was likely to exist if paragraph (3)(a), (b) or (c) was complied with.
84.11(6)A novice motorcycle driver who has been the holder of a motorcycle learner’s licence without interruption for the preceding 12 calendar months and who has successfully passed the required road test, is qualified to apply for a driver’s licence authorizing the holder to drive a motorcycle.
84.11(7)For the purposes of subsection (6), a period of time during which a novice motorcycle driver is a licensed motorcycle driver in another province, in a territory of Canada or in another country, during the preceding two years, may be substituted for a period of time during which the novice motorcycle driver would be required to hold a motorcycle learner’s licence, in whole or in part, if, in the opinion of the Registrar, the substituted period and the period or periods substituted for constitute periods of equivalent experience and there has been no interruption between any two periods of time to be combined.
84.11(8)Despite any other provision of this Act or the regulations, if a person is convicted of an offence under paragraph (3)(d) or (e) or subsection 310.021(14) and is under the age of 21 years or is the holder of a learner’s licence, the Registrar shall revoke any licence that is held by the person at the time of the conviction, and shall suspend the driving privilege of the person, whether or not the person holds a licence, for a period expiring on the later of
(a) the expiration of any periods of revocation and suspension already imposed, and
(b) the expiration of one year from the date on which the revocation or suspension commences.
84.11(9)The Registrar shall not issue a new motorcycle learner’s licence to a person whose licence has been revoked or whose driving privilege has been suspended under subsection (8) unless the applicable period referred to in that subsection has expired and the person has
(a) successfully completed the impaired driver re-education course approved by the Minister of Health after the revocation or suspension,
(b) paid the fee set by the Registrar for the course, and
(c) fulfilled the requirements of this section.
84.11(10)The Registrar shall not issue a new licence to a person whose licence, other than a motorcycle learner’s licence, has been revoked or whose driving privilege has been suspended under subsection (8) unless the applicable period referred to in that subsection has expired and the person has fulfilled the requirements of paragraphs (9)(a) and (b).
84.11(11)The Registrar shall not issue a new motorcycle learner’s licence to a person whose licence has been revoked or whose driving privilege has been suspended under subsection 298(4) or 300(1) or (2) until the person has fulfilled the requirements of this section.
84.11(12)Subsection 301.01(1) applies with the necessary modifications to a fee paid under paragraph (9)(b) or subsection (10).
84.11(13)A novice motorcycle driver referred to in subsection (9) or (11) shall not receive credit
(a) under subsection (6) for any time spent holding a motorcycle learner’s licence before the revocation of the licence, or
(b) under subsection (1) for a licensed driver training course successfully passed before the revocation of the licence.
84.11(14)This section does not apply to motor driven cycles.
2014, c.44, s.5; 2017, c.54, s.3
Motorcycle learner’s licences
84.11(1)A person who is at least 16 years of age and who has successfully passed a licensed driver training course in the operation of a motorcycle may apply to the Registrar for a motorcycle learner’s licence and, after the applicant has successfully passed all parts of the examination required by section 89 other than the road test and has provided documentary proof of having successfully passed the licensed driver training course, the Registrar may issue a motorcycle learner’s licence to the applicant.
84.11(2)Subject to this section, a motorcycle learner’s licence entitles the holder to drive a motorcycle on a public highway while having possession of the licence.
84.11(3)A novice motorcycle driver who holds a motorcycle learner’s licence and who operates or has care or control of a motorcycle, whether in motion or not, shall comply with the following conditions of the licence:
(a) the novice motorcycle driver shall not carry any other person on the motorcycle nor shall any other person ride on the motorcycle;
(b) the novice motorcycle driver shall not operate the motorcycle to tow another vehicle;
(c) the novice motorcycle driver shall not operate the motorcycle between sunset and sunrise; and
(d) the novice motorcycle driver shall not have consumed alcohol in a quantity that the concentration in his or her blood exceeds zero milligrams of alcohol in one hundred millilitres of blood.
84.11(4)For the purposes of paragraph (3)(c), the times of sunset and sunrise are the times set out in section 35 of the Fish and Wildlife Act.
84.11(5)It is a defence to a charge against a novice motorcycle driver under paragraph (3)(a), (b) or (c) if the novice motorcycle driver can establish that an immediate threat to the novice motorcycle driver’s health or safety, or the health or safety of a passenger on the motorcycle, existed or was likely to exist if paragraph (3)(a), (b) or (c) was complied with.
84.11(6)A novice motorcycle driver who has been the holder of a motorcycle learner’s licence without interruption for the preceding 12 calendar months and who has successfully passed the required road test, is qualified to apply for a driver’s licence authorizing the holder to drive a motorcycle.
84.11(7)For the purposes of subsection (6), a period of time during which a novice motorcycle driver is a licensed motorcycle driver in another province, in a territory of Canada or in another country, during the preceding two years, may be substituted for a period of time during which the novice motorcycle driver would be required to hold a motorcycle learner’s licence, in whole or in part, if, in the opinion of the Registrar, the substituted period and the period or periods substituted for constitute periods of equivalent experience and there has been no interruption between any two periods of time to be combined.
84.11(8)Despite any other provision of this Act or the regulations, if a person is convicted of an offence under paragraph (3)(d) or subsection 310.021(14) and is under the age of 21 years or is the holder of a learner’s licence, the Registrar shall revoke any licence that is held by the person at the time of the conviction, and shall suspend the driving privilege of the person, whether or not the person holds a licence, for a period expiring on the later of
(a) the expiration of any periods of revocation and suspension already imposed, and
(b) the expiration of one year from the date on which the revocation or suspension commences.
84.11(9)The Registrar shall not issue a new motorcycle learner’s licence to a person whose licence has been revoked or whose driving privilege has been suspended under subsection (8) unless the applicable period referred to in that subsection has expired and the person has
(a) successfully completed the drinking driver re-education course approved by the Minister of Health after the revocation or suspension,
(b) paid the fee prescribed by regulation for the course, and
(c) fulfilled the requirements of this section.
84.11(10)The Registrar shall not issue a new licence to a person whose licence, other than a motorcycle learner’s licence, has been revoked or whose driving privilege has been suspended under subsection (8) unless the applicable period referred to in that subsection has expired and the person has fulfilled the requirements of paragraphs (9)(a) and (b).
84.11(11)The Registrar shall not issue a new motorcycle learner’s licence to a person whose licence has been revoked or whose driving privilege has been suspended under subsection 298(4) or 300(1) or (2) until the person has fulfilled the requirements of this section.
84.11(12)Subsection 301.01(1) applies with the necessary modifications to a fee paid under paragraph (9)(b) or subsection (10).
84.11(13)A novice motorcycle driver referred to in subsection (9) or (11) shall not receive credit
(a) under subsection (6) for any time spent holding a motorcycle learner’s licence before the revocation of the licence, or
(b) under subsection (1) for a licensed driver training course successfully passed before the revocation of the licence.
84.11(14)This section does not apply to motor driven cycles.
2014, c.44, s.5