Acts and Regulations

98-95 - Suspensions in Relation to Tolls

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 98-95
under the
Motor Vehicle Act
(O.C. 98-743)
Filed December 14, 1998
Under section 72 of the Motor Vehicle Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the Suspensions in Relation to Tolls Regulation - Motor Vehicle Act.
Definitions
2In this Regulation
“Act” means the Motor Vehicle Act;(loi)
“highway operator” means the MRDC Operations Corporation and includes any assigns to whom it has assigned its rights, its obligations, or both, under this Regulation or under the General Regulation - New Brunswick Highway Corporation Act.(exploitant de route)
Suspensions in relation to tolls
3(1)In the circumstances provided for in subsection (2) and (3), where a person has not paid any tolls, or any administrative fees or interest in relation to tolls, in violation of the New Brunswick Highway Corporation Act or the General Regulation - New Brunswick Highway Corporation Act, the Registrar shall give a final notice, on a form provided by the Registrar, to the person who was the registered owner of the vehicle involved in the violation at the time it occurred.
3(2)The Registrar may give a final notice under subsection (1) if satisfied that
(a) the highway operator has properly followed the procedures required in sections 4 and 5 of the General Regulation - New Brunswick Highway Corporation Act in relation to the collection of the tolls, administrative fees or interest, and
(b) the deadline for commencing an appeal under the General Regulation - New Brunswick Highway Corporation Act has passed or, if an appeal has been commenced, the proceedings are complete and the deadline for payment established in subsection 5(14) of that Regulation has passed without full payment.
3(3)The Registrar may not give a final notice more than twenty days after the applicable deadline referred to in paragraph (2)(b) has passed.
3(4)A final notice shall contain the following:
(a) the amount of the unpaid toll;
(b) the amount of the administrative fee payable;
(c) the amount of any interest respecting the unpaid toll payable to the highway operator under an agreement made between any person and the highway operator;
(d) the date and time when, and the location where, the toll originally was not paid;
(e) the deadline for, and manner of, payment of the toll, administrative fee and any interest;
(f) notice that the registration of one or more vehicles owned by the registered owner may be suspended if the unpaid toll, administrative fee or interest is not paid as directed in the notice; and
(g) any other information that the Registrar considers appropriate.
3(5)The amount of the administrative fee payable under subsection (4) is twenty dollars.
3(6)The deadline to be set out under paragraph (4)(e) shall be at least twenty days after the final notice is personally delivered or mailed to the registered owner.
3(7)If a registered owner fails to pay all amounts that the registered owner is directed to pay on or before the deadline set out in the final notice, the Registrar may, as provided for in paragraph 72(d.2) of the Act, suspend the registration certificate of one or more vehicles owned by the registered owner at the time of suspension.
3(8)The Registrar may reinstate a registration certificate suspended under subsection (7) upon payment of
(a) all amounts directed to be paid in the final notice, and
(b) a reinstatement fee of fifty-two dollars.
3(9)Nothing in this section shall be construed by any court, tribunal, other body or person as limiting in any way any rights to the collection of any tolls or to the collection of any interest, fees or charges in relation to tolls, or any rights of enforcement, that may be available to the Province or any person under the Act or the New Brunswick Highway Corporation Act.
Commencement
4This Regulation comes into force on January 4, 1999.
N.B. This Regulation is consolidated to December 31, 1998.