Acts and Regulations

M-17 - Motor Vehicle Act

Full text
Document at 1 September 2014
CHAPTER M-17
Motor Vehicle Act
Definitions
1In this Act
“antique vehicle” means a motor vehicle that is at least twenty-five years old and has been restored to original condition;(ancien modèle)
“authorized emergency vehicle” means(véhicule de secours autorisé)
(a) a motor vehicle operated by a peace officer in the course of his duties or employment,
(a.1) a motor vehicle of a search and rescue organization authorized by the Minister under section 110.1 to operate motor vehicles as authorized emergency vehicles under this Act,
(b) a fire department or fire fighting vehicle, and
(c) an ambulance;
“bicycle” means every device propelled by human power upon which any person may ride, having two tandem wheels;(bicyclette)
“bus” means any motor vehicle designed for carrying ten or more passengers and used for the transportation of persons;(autobus)
“centre line” , except on a one-way roadway, means(ligne centrale)
(a) the centre of a roadway measured from the curbs or, in the absence of curbs, from the edges of the roadway, or
(b) where on a laned roadway there are more lanes available for traffic in one direction than the other direction the line dividing the lanes for traffic in different directions;
“chauffeur” means any person who operates a motor vehicle and receives compensation therefor;(chauffeur)
“commercial vehicle” means a motor vehicle designed or adapted for the carrying of freight, goods, wares or merchandise, but does not include a private passenger vehicle;(véhicule utilitaire)
“construction zone” means that part of a highway designated by the Minister of Transportation and Infrastructure or any person authorized by the Minister of Transportation and Infrastructure under subsection 142.01(2) or a local authority under subsection 142.01(4) as a construction zone;(zone de construction)
“controlled-access highway” means a highway(route à accès limité)
(a) on to which persons have a right to enter from abutting land, and
(b) from which persons have a right to enter on to abutting land,
only at fixed locations;
“cross walk” means that part of a roadway at an intersection lying between imaginary lines connecting the lateral lines of the sidewalks on opposite sides of the highway and any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface;(passage pour piétons)
“day time” or “day” means one-half hour after sunrise to one-half hour before sunset on the same day and “night time” or “night” means any other time;(journée) ou (jour)
“dealer” means a person who carries on or conducts a business of buying or otherwise acquiring vehicles for the purpose of selling those vehicles to the public;(concessionnaire)
“Division” means the Motor Vehicle Division as provided for in this Act;(Division)
“driver” means every person who drives, or is in actual physical control of a vehicle;(conducteur)
“essential parts” means all integral and body parts of a vehicle of a type required to be registered hereunder, the removal, alteration or substitution of which would tend to conceal the identity of the vehicle or substantially alter its appearance, model, type or mode of operation;(pièces essentielles)
“established place of business” means a place actually occupied whether continuously or at regular periods by a dealer or manufacturer where his books and records are kept and a large share of his business is transacted;(établissement commercial)
“explosives” means any chemical compound or mechanical mixture that is commonly used or intended for the purposes of producing an explosion;(explosifs)
“farm tractor” means every vehicle designed and used primarily as a farm implement for drawing plows, mowing machines and other implements of husbandry but does not include such a vehicle that is operated for remuneration other than in the agricultural operations of the owner thereof and that is incidentally operated on a highway;(tracteur agricole)
“fictitious registration plate” means a registration plate not furnished and issued by the division or not furnished and issued for the current registration year, or that is attached to a vehicle other than that for which it was issued by the division but does not include registration plates on foreign vehicles lawfully operated in New Brunswick;(fausse plaque d’immatriculation)
“flammable liquid” means any liquid that has a flash point of twenty-one degrees Celsius or less as determined by a tagliabue or equivalent closed-cup device;(liquide inflammable)
“foreign vehicle” means every vehicle of a type required to be registered hereunder brought into this Province from another province, state, territory or country other than a new vehicle brought into the Province in the ordinary course of business by or through a manufacturer or dealer and not registered in this Province;(véhicule étranger)
“garage” means a place or premises where motor vehicles are received for housing, storage or repairs for compensation;(garage)
“gross mass” means the mass of a vehicle without load plus the mass of any load thereon;(masse brute)
“highway” means the entire width between the boundary lines of every street, road, lane, alley, park, parking lot, drive-in theatre, school yard, picnic site, beach, winter road across ice or place when any part thereof is used by the general public for the passage or parking of vehicles, and includes the bridges thereon and, unless the context indicates otherwise or unless the reference is contained in a provision that is in conflict with a provision of the New Brunswick Highway Corporation Act, a highway under the administration and control of the New Brunswick Highway Corporation or a project company;(route)
“implements of husbandry” means every vehicle that is designed for agricultural purposes and exclusively used by the owner thereof in the conduct of his agricultural operations, and includes a farm tractor;(matériel agricole)
“intersection” means the area enclosed within the lateral boundary lines of two or more roadways that join one another at an angle, and lines drawn at right angles across each such roadway from the points where such lateral boundary lines intersect or meet;(carrefour)
“insurer” means an insurer approved by the Minister;(assureur)
“judge” means a judge of the Provincial Court;(juge)
“laned highway” or “laned roadway” means a roadway that is divided into two or more clearly marked lanes for vehicular traffic;(route à plusieurs voies) ou (chaussée à plusieurs voies)
“learner’s licence” means a valid and subsisting licence prescribed by regulation for the purposes of section 84;(permis d’apprenti)
“licence” means a driver’s licence issued under the laws of the Province including(permis)
(a) any temporary licence,
(b) the privilege of any person to drive a motor vehicle whether or not such person holds a valid licence, and
(c) any non-resident’s operating privilege as defined in this Act;
“licensed driver training course” means a driver training course that is licensed by the Registrar and is established and operated in accordance with the regulations;(cours de formation de conducteur licencié)
“local authority” means a municipality or rural community under the Municipalities Act and, for the purpose of making and enforcing traffic regulation by-laws with respect to the Saint John Harbour Bridge and approaches thereto, includes the Saint John Harbour Bridge Authority;(collectivité locale)
“local by-law” means a by-law passed by a local authority under any provision of this Act and includes any traffic regulation validly adopted by any authority;(arrêté local)
“manufacturer” means every person engaged in the business of constructing or assembling vehicles of a type required to be registered hereunder at an established place of business in the Province;(fabricant)
“mass” includes weight;(masse)
“metal tire” means every tire the surface of which in contact with the roadway is wholly or partly of metal or other hard, non-resilient material;(bandage métallique)
“Minister” means the Minister of Public Safety and includes a person designated by the Minister to act on the Minister’s behalf;(Ministre)
“motorcycle” means every vehicle having a saddle for the use of the rider and designed to travel with not more than three wheels in contact with the ground but excluding a tractor;(motocyclette)
“motor driven cycle” means a motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels and propelled by a motor not to exceed fifty cubic centimetres in size and includes a motor scooter, tricycle or bicycle with such a motor attached;(cyclomoteur)
“motor vehicle” means every vehicle that is self propelled and every vehicle that is propelled by electric power obtained from overhead trolley wires, and not operated upon rails, but does not include a farm tractor;(véhicule à moteur)
“non-repairable vehicle” means a salvage vehicle that has been damaged to the extent that its only resale value is as a source of parts or as scrap;(véhicule irréparable)
“non-resident” means every person who is not a resident of the Province;(non-résident)
“novice driver” means the holder of a learner’s licence;(conducteur-débutant)
“officer” Repealed: 1980, c.34, s.1
“operate” except in Part IV.01, when used with reference to a vehicle, means any use of a highway by the vehicle, including the act of crossing the highway or stopping, parking or leaving the vehicle standing, or moving, towing or pushing the vehicle on the highway;(conduire)
“Optometrist” means an Optometrist as defined in the Optometry Act, 1978;(optométriste)
“owner” means the legal owner of a vehicle unless the vehicle is the subject of a contract under the terms of which another person has possession and may acquire the legal title thereto, in which event while that person has possession against the legal owner, “owner” means that other person;(propriétaire)
“park” , when prohibited, means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading;(stationner ou garer)
“peace officer” means(agent de la paix)
(a) a member of the Royal Canadian Mounted Police,
(a.1) Repealed: 1988, c.67, s.6
(b) a police officer appointed under section 10, 11 or 17.3 of the Police Act,
and includes
(c) any person designated under section 15,
(c.1) for the purposes of paragraph 28(2)(a) and sections 92, 104, 105, 105.01, 105.1, 110 and 168, any
(i) fishery officer designated under the Fisheries Act (Canada),
(ii) conservation officer appointed under the Fish and Wildlife Act,
(iii) assistant conservation officer appointed under the Fish and Wildlife Act, while accompanied by or acting under the immediate supervision of a conservation officer, and
(iv) conservation officer appointed under the Crown Lands and Forests Act,
designated by the Minister under subsection 15(1.1);
(d) an auxiliary police officer or an auxiliary police constable appointed under section 13 of the Police Act, when accompanied by or under the supervision of a police officer appointed under section 10, 11 or 17.3 of the Police Act or a member of the Royal Canadian Mounted Police,
(d.1) Repealed: 1988, c.67, s.6
(e) Repealed: 1996, c.18, s.9
(f) any member of the Canadian Armed Services while engaged in lawful military police duties or in rendering assistance to a lawfully constituted civilian police force,
(f.1) for the purpose of enforcing subsections 28(1) and (1.1), section 68, subsections 78(1) and (2), sections 105, 105.01 and 118, subsections 140(1) and (2), 140.1(1), 142.01(1), and 147(1), section 148, subsections 154(2) and 160(2), section 192, subsections 193.1(1) and 194(1) and sections 196, 198 and 203 in National Parks established under the National Parks Act (Canada), any park warden as defined in the National Parks Act (Canada) designated by the Minister under subsection 15(1.2),
(g) any person engaged, designated or authorized by the Saint John Harbour Bridge Authority to enforce traffic regulation by-laws with respect to the Saint John Harbour Bridge and approaches thereto, and to control traffic thereon, and
(h) when used in sections 28, 92, 105.01, 256, 260, 261, 349 and 350, a person designated as a commercial vehicle inspector under the Highway Act;
“pedestrian” means a person on foot or in a wheelchair;(piéton)
“pneumatic tire” means every tire that is designed to support the load by compressed air;(bandage pneumatique)
“pole trailer” means every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections;(triqueballe)
“private passenger vehicle” means a motor vehicle designed and used primarily for the transportation of persons without remuneration and does not include a bus or taxicab;(voiture particulière)
“private road or driveway” means every way or place not a highway used for vehicular traffic;(chemin privé ou allée privée)
“project company” means a project company as defined in subsection 1(1) of the New Brunswick Highway Corporation Act;(gérant de projet)
“provincial highway” means a highway built and maintained by or under the supervision of the Department of Transportation, the New Brunswick Highway Corporation or a project company, whether or not such highway lies within the geographical boundaries of a local authority;(route provinciale)
“railroad sign or signal” means any sign, signal or device intended to give notice of the presence of railroad tracks or the approach of a railroad train;(panneau ou signal ferroviaire)
“rebuilt vehicle” means a salvage vehicle that has been rebuilt by means of repair, the addition or substitution of new or used parts or both, so that it is qualified to receive and has received a certificate of inspection referred to in paragraph 249(b);(véhicule rebâti)
“reconstructed vehicle” means every vehicle of a type required to be registered hereunder materially altered from its original construction by the removal, addition, or substitution of essential parts, new or used;(véhicule reconstruit)
“registered owner” means a person in whose name a vehicle is registered, as in this Act provided;(propriétaire immatriculé)
“Registrar” means the Registrar of Motor Vehicles and includes the Deputy Registrar of Motor Vehicles, an Acting Registrar of Motor Vehicles, a person designated by the Registrar to act on the Registrar’s behalf and a person acting under and in accordance with a delegation referred to in subsection 3(3.2) or a sub-delegation referred to in paragraph 3(3.4)(c) but does not include a person with whom the Registrar has made a written contract under section 22.1;(registraire)
“registration plate” means any proof of registration issued by the Division and required to be affixed to a motor vehicle or trailer;(plaque d’immatriculation)
“residence district” means the territory contiguous to and including a highway not comprising a business district when the property on such highway for a distance of one hundred metres or more is in the main improved with residences or residences and buildings in use for business;(zone résidentielle)
“right of way” means the privilege of the immediate use of the roadway;(priorité)
“road test” means the actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle, as required by subsection 89(1);(épreuve de conduite)
“road tractor” means every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the mass of a vehicle or load so drawn;(tracteur routier)
“roadway” means that portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the shoulder unless the shoulder is paved and in the event a highway includes two or more separate roadways the term “roadway” refers to any such roadway separately but not to all such roadways collectively;(chaussée)
“safety zone” means the area or space set apart within a roadway for the exclusive use of pedestrians and that is protected or is so marked or indicated by adequate signs as to be plainly discernible at all times as a safety zone;(zone de sécurité)
“salvage vehicle” means a motor vehicle of a type required to be registered under this Act that has sustained damage through any occurrence, other than ordinary wear and tear, to the extent that the cost of repairing the motor vehicle so that it would be qualified to receive a certificate of inspection referred to in paragraph 249(b) exceeds its market value before the occurrence of the damage;(véhicule récupéré)
“school bus” means every motor vehicle owned by a public or governmental agency and operated for the transportation of children to or from school or privately owned and operated and under contract with a public or governmental agency for the transportation of children to or from school;(autobus scolaire)
“school zone” means that part of a highway designated by the Minister of Transportation and Infrastructure pursuant to section 140.1, or a local authority pursuant to subsection 142(2), as a school zone;(zone d’école)
“semi-trailer” means every vehicle other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its mass and that of its load rests upon or is carried by another vehicle and includes a mobile home;(semi-remorque)
“service station” means a place or premises where, for remuneration, motor vehicles are greased, oiled, cleaned and supplied with gasoline, and are given minor repairs;(station-service)
“service vehicle” means(véhicule de service)
(a) a wrecking or tow truck when stopped at the scene of an accident or returning from the scene of an accident with a damaged vehicle in tow,
(b) any private or public utility corporation vehicle while engaged at the scene of repair work,
(c) snow removal equipment when actually engaged in snow removal operation, or
(d) a truck tractor when actually engaged in moving an oversize load for which a permit has been issued;
“sidewalk” means that portion of a highway or street between the curb lines or the lateral lines of a roadway, and the adjacent property lines set apart for the use of pedestrians, and includes any part of a highway set apart or marked as being for the exclusive use of pedestrians;(trottoir)
“snowmobile” means a vehicle that(autoneige)
(a) is not equipped with wheels, but in place thereof is equipped with tractor treads alone or with tractor treads and skis, or with skis and a propeller, or is a toboggan equipped with tractor treads or a propeller, and
(b) is designed primarily for operating over snow, and is used exclusively for that purpose;
“solid tire” means every tire of rubber or other resilient material that does not depend upon compressed air for the support of the load;(pneu plein)
“special mobile equipment” means every vehicle not designed or used primarily for the transportation of persons or property and incidentally operated or moved over the highways, including road construction or maintenance machinery, ditch digging apparatus, well-boring apparatus, concrete mixers and any other vehicle of the same general class;(matériel mobile spécial)
“speed limit” means a rate of maximum speed or a rate of minimum speed prescribed under this Act by the Minister of Transportation and Infrastructure or a local or other authority;(vitesse limite)
“stop” when required means the complete cessation of movement;(arrêt)
“stop” or “stand” , when prohibited means any stopping or standing of a vehicle, whether occupied or not except when necessary to avoid conflict with other traffic or in compliance with the directions of a peace officer or traffic control sign or signal;(arrêter) ou (immobiliser)
“stop sign” means a sign bearing the word “Stop”;(panneau d’arrêt)
“taxicab” means a motor vehicle, other than a bus, during any period in which the vehicle is being used to transport a person for remuneration, including the period in which a person who is to be, is being or has been transported for remuneration embarks or disembarks and the period in which the luggage of such a person is loaded or unloaded;(taxi)
“through highway” means any highway or portion thereof at the entrances to which stop sign or yield right of way signs are erected and which vehicular traffic from intersecting highways is required by law to stop or to yield the right of way before entering or crossing the same;(route à priorité)
“traffic control device” includes “official traffic control device”, “traffic control signal”, “sign”, and “official sign” and means a sign or device for the regulation, warning or guidance of traffic, or for indicating the provisions of this Act, a regulation thereunder or a local by-law;(dispositif de régulation de la circulation)
“traffic control signal” means any device by which traffic is alternately directed to stop and to proceed;(signal de régulation de la circulation)
“trailer” means every vehicle other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its mass rests upon the towing vehicle and includes a mobile home;(remorque)
“transporter” means every person engaged in the business of delivering vehicles of a type required to be registered hereunder from a manufacturing, assembling or distributing plant to dealers or sales agents of a manufacturer;(livreur)
“truck” means every motor vehicle designed, used or maintained primarily for the transportation of property;(camion)
“truck tractor” means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the mass of the vehicle and load so drawn;(camion-tracteur)
“urban district” means a municipality or rural community under the Municipalities Act;(zone urbaine)
“vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a highway excepting devices moved by human power or used exclusively upon stationary rails or tracks;(véhicule)
“wrecker” means a person who carries on or conducts a business of wrecking or dismantling motor vehicles for resale of the parts thereof;(ferrailleur)
“yield right of way sign” means a sign bearing the words “Yield Right of Way” or “Yield”.(panneau de cession de priorité)
1955, c.13, s.1; 1956, c.19, s.1; 1957, c.21, s.1, 2, 3, 4, 5; 1959, c.23, s.1; 1960, c.53, s.1; 1961-62, c.62, s.1; 1963 (2nd Sess.), c.29, s.1; 1965, c.29, s.1; 1966, c.81, s.1; 1967, c.54, s.1; 1968, c.38, s.1; 1969, c.55, s.1; 1970, c.34, s.1, 2, 3; 1972, c.48, s.2; 1973, c.59, s.2; 1975, c.38, s.1; 1977, c.M-11.1, s.17; 1977, c.32, s.1; 1978, c.D-11.2, s.26; 1979, c.25, s.11; 1979, c.43, s.1, 2; 1980, c.34, s.1; 1981, c.6, s.1; 1982, c.3, s.47; 1983, c.52, s.1; 1985, c.34, s.1; 1986, c.56, s.1; 1986, c.57, s.1; 1987, c.38, s.1; 1987, c.N-5.2, s.23; 1988, c.11, s.21; 1988, c.66, s.1; 1988, c.67, s.6; 1991, c.7, s.1; 1993, c.5, s.1; 1994, c.31, s.1; 1994, c.69, s.1; 1995, c.N-5.11, s.44; 1996, c.18, s.9; 1996, c.43, s.1; 1997, c.50, s.21; 1997, c.62, s.1; 1998, c.5, s.1; 1998, c.30, s.1; 2000, c.26, s.193; 2002, c.32, s.1; 2004, c.12, s.49; 2005, c.7, s.43; 2006, c.13, s.1; 2007, c.44, s.1; 2010, c.31, s.85; 2010, c.33, s.1; 2013, c.39, s.15
“Revoke”, “revoked”, “revoking” or “revocation” defined
2Whenever the words “revoke”, “revoked”, “revoking” or “revocation” are used in this Act, they shall be read and construed as cancel, cancelled, cancelling or cancellation respectively.
1967, c.54, s.1A
I
ADMINISTRATION
Administration
2.1The Minister is responsible for the administration of this Act and may designate persons to act on the Minister’s behalf.
2002, c.32, s.2
Provisions administered by the Minister of Transportation and Infrastructure
2.2Notwithstanding section 2.1, the Minister of Transportation and Infrastructure is responsible for the administration of section 115, subsections 116(1) and (2) and 119(3), subsections 140.1(2) and (3), section 141, subsections 142.01(2) and (3), subsections 142.1(1), (3), (4), (5) and (7), paragraph 143(1)(d), subsections 146(2), 153(1), 154(1) and 155(1), paragraphs 160(1)(c), 183(1)(c) and 186(1)(c), subsections 186(1.1) and 194(4), (5) and (5.1), paragraph 241(4)(d), section 251.1 and subsections 258(1), 261(1), (3), (3.1), (4.3) and (5), 262(3) and 364(1).
2006, c.13, s.2; 2007, c.44, s.2; 2010, c.31, s.85
Registrar of motor vehicles
3(1)There shall be a division of the Department of Public Safety to be called the Motor Vehicle Division over which an officer to be called the Registrar of Motor Vehicles shall preside.
3(2)The Registrar shall act under the instructions of the Minister and Deputy Minister and has general supervision over all matters relating to motor vehicles in the Province, and shall perform such duties as are assigned to him by this Act, by the Lieutenant-Governor in Council or by the Minister or Deputy Minister.
3(3)The Minister may appoint an officer of the Division as Acting Registrar, and during the absence of the Registrar from his office or when the office of the Registrar is vacant, such Acting Registrar has all the powers and is subject to all the duties of the Registrar.
3(3.1)The Registrar may designate persons to act on the Registrar’s behalf.
3(3.2)Without limiting subsection (3.1), the Registrar may delegate to another Minister of the Crown or the head of a corporation that is an agent of the Province any specific power, authority, right, duty or responsibility that is given to the Registrar under a provision of this Act or the regulations and that is prescribed by regulation for the purposes of this subsection and subsection (3.4).
3(3.3)A delegation under subsection (3.2) shall be in writing.
3(3.4)The Registrar shall, in a written delegation under this section,
(a) establish the manner in which the delegate is to exercise or carry out the delegated matter,
(b) set out any limitations, terms, conditions and requirements that the Registrar considers appropriate to impose on the delegate, and
(c) authorize the delegate to sub-delegate the power, authority, right, duty or responsibility to an employee of the department or corporation administered by that delegate, and to impose on the sub-delegate any limitations, terms, conditions and requirements that the delegate considers appropriate, in addition to those set out in the Registrar’s written delegation.
3(3.5)A delegate or sub-delegate to whom this section applies shall exercise the delegated powers, authority and rights and carry out the delegated duties and responsibilities in the manner established in, and in accordance with any limitations, terms, conditions and requirements imposed in the Registrar’s written delegation.
3(3.6)A sub-delegate to whom this section applies shall exercise the delegated powers, authority and rights and carry out the delegated duties and responsibilities in accordance with any limitations, terms, conditions and requirements imposed on the sub-delegate by the delegate.
3(3.7)The Lieutenant-Governor in Council may make regulations prescribing the powers, authority, rights, duties and responsibilities that may be delegated by the Registrar for the purposes of subsections (3.2) and (3.4).
3(4)The signature on any document, purporting to be the signature of the Acting Registrar, shall be received in evidence by any court in the Province without proof of the signature thereon and shall be prima facie evidence that he was appointed and acting in compliance with subsection (3).
3(5)No appointment made under subsection (3) has any force or effect until published in The Royal Gazette.
3(6)There shall be a Deputy Registrar of Motor Vehicles appointed by the Lieutenant-Governor in Council who shall have all the powers and may perform all the duties of the Registrar.
3(7)Where the signature of the Registrar is required for any purpose under this Act, the signature may be written, printed, stamped or otherwise mechanically reproduced.
1955, c.13, s.2; 1966, c.81, s.2; 1968, c.38, s.2; 1972, c.48, s.3; 1978, c.D-11.2, s.26; 1982, c.3, s.47; 1988, c.66, s.2; 2000, c.26, s.193; 2002, c.32, s.3
Liability of Registrar of motor vehicles
4(1)The Registrar, persons appointed under the provisions of this Act or the regulations and persons acting under the instructions of any of them are not personally liable for any loss or damage suffered by any person by reason of anything that any of them have done or omitted to do in good faith under, or in the exercise or supposed exercise of, the powers given to any of them under this Act or the regulations.
4(2)Subsection (1) does not apply to the personal liability of a person with whom the Registrar has made a written contract under section 22.1.
1968, c.38, s.3; 2002, c.32, s.4
Forms prescribed by Registrar
5The Registrar shall prescribe and provide suitable forms of application, registration certificates, licences, and any other forms that he considers necessary to carry out the provisions of this Act.
1955, c.13, s.3; 1972, c.48, s.4
Classes of motor vehicles established by Cabinet
5.1The Lieutenant-Governor in Council may by regulation establish classes of motor vehicles, trailers, semi-trailers, pole trailers and special mobile equipment for purposes of registration under this Act, and may specify the conditions governing the classification of such vehicles.
1983, c.52, s.2
Licences, issue of
6(1)The Lieutenant-Governor in Council may by regulation establish classes of licence and may specify the conditions governing the classification of licences including the defining of the type, size and mass of vehicle that each class of licence entitles an individual to operate as well as the establishment of medical standards that may regulate or restrict an individual’s right to obtain a particular class of licence.
6(2)Any licence issued shall be of a specific class and shall have endorsed thereon the class to which it belongs.
6(3)No person holding a valid licence shall operate any vehicle other than one that his licence entitles him to operate in accordance with regulations made under subsection (1).
6(4)The Lieutenant-Governor in Council may by regulation reclassify in terms of the classes of licence established pursuant to subsection (1) licences that were issued prior to the establishment of such classes as are stipulated in the regulation.
1972, c.48, s.5; 1973, c.59, s.3; 1977, c.M-11.1, s.17; 1979, c.43, s.2
Copies of records of Registrar
7(1)The Registrar is authorized to prepare a certified copy of any record of the Division, the production of which is not regarded by the Minister as being contrary to public policy, and any document purporting to be a copy of any record of the Division, and purporting to be signed by the Registrar, shall be received as evidence of the contents thereof by any court in the Province without proof of the signature thereon.
7(2)The Registrar is authorized to prepare a certificate
(a) that a vehicle is or was on a date therein stated registered in the name of a person therein named,
(b) that the registration of any vehicle had been revoked or suspended or had expired, and that such suspension, revocation, or expiry continued up to a date therein stated,
(c) that any vehicle is, or was on a date therein stated, not registered under this Act,
(c.1) that a vehicle is unregistrable under this Act,
(d) that the driver’s licence, or driver’s instruction permit issued to a person named therein has been suspended or revoked, and his driving privileges suspended and that such suspension or revocation continued up to a date therein stated,
(e) that the motor vehicle privilege or driving privilege of a person had been suspended and that such suspension continued up to a date therein stated,
(f) that the person therein named was not the holder of a valid driver’s licence on the date therein stated,
(g) that no licence of a specific class has been or was on a date therein stated issued to a person therein named,
(g.1) that the permissible gross mass for which a vehicle is or was registered on a date stated therein is as stated therein,
and any such certificate purporting to be signed by the Registrar shall be
(h) received in evidence by any court in the Province without proof of the signature thereon,
(i) prima facie evidence of the facts stated therein, and
(j) on the hearing of an information for a violation of this Act or the regulations or any local by-law prima facie evidence that the person named therein is the accused and that the vehicle referred to therein is the vehicle in respect of which the offence is alleged to have been committed.
1955, c.13, s.4; 1961-62, c.62, s.2; 1964, c.43, s.1; 1965, c.29, s.2; 1972, c.48, s.6; 1977, c.32, s.2; 1981, c.48, s.1; 1982, c.3, s.47; 1983, c.52, s.3; 1985, c.34, s.2
Disclosure by Registrar
7.1(1)The Registrar shall disclose to the Chief Electoral Officer or the Municipal Electoral Officer the name, address, date of birth, sex and other related information of a person found in any record of the Division for the purpose of establishing or maintaining a register of electors or list of electors under the Elections Act or the Municipal Elections Act.
7.1(2)If subsection (1) is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, subsection (1) prevails.
1998, c.32, s.86; 2013, c.34, s.21
Disclosure to The War Amputations of Canada
7.2(1)Subject to subsection (2) and despite the Right to Information and Protection of Privacy Act, if there is an agreement for the sharing of information between the Province and The War Amputations of Canada, the Registrar may communicate to The War Amputations of Canada the names, addresses, postal codes and licence numbers of holders of driver’s licences and learner’s licences for the sole purpose of allowing The War Amputations of Canada to conduct its key tag service.
7.2(2)If the holder of a driver’s licence or a learner’s licence requests that the information referred to in subsection (1) not be provided to The War Amputations of Canada, the Registrar shall not communicate that information to The War Amputations of Canada.
2012, c.3, s.1
Destruction of records of Registrar
8The Registrar may destroy or cause to be destroyed any records of the Division that have been maintained on file for five years and that in his opinion are obsolete and of no further use to the Division.
1955, c.13, s.5; 1982, c.3, s.47
Registration of motor vehicles
9The Registrar shall examine and determine the genuineness, regularity and legality of each application for registration of a vehicle, and for a licence and of any other application lawfully made to him and may in all cases make such investigation as he considers necessary or may require additional information, and shall reject any such application if not satisfied of the genuineness, regularity or legality thereof or the truth of any statement contained therein, or for any other reason when authorized by law.
1955, c.13, s.6; 1972, c.48, s.1
Seizure of plates and permits by Registrar
10The Registrar may seize or cause to be seized any registration certificate, permit, or licence plate issued by him upon expiration, revocation, cancellation or suspension thereof, or which has been unlawfully or erroneously issued.
1955, c.13, s.7
Enforcement of orders of Registrar
11The Court of Queen’s Bench of New Brunswick has jurisdiction upon application by the Registrar, to enforce all lawful orders of the Registrar.
1955, c.13, s.8; 1979, c.41, s.85
Notice of suspension or cancellation by Registrar
12Whenever the Registrar suspends, cancels, refuses, revokes, or reinstates, the motor vehicle privileges, driving privileges, licences or permits, he shall give notice thereof to the person affected thereby in the manner provided by section 13.
1967, c.54, s.2
Form of notice
13(1)The Registrar, if giving notice of any matter under the provisions of this Act, shall do so
(a) by means of personal service to the person to be notified,
(b) by the deposit of the notice in the mail, registered or certified, in an envelope with postage prepaid, addressed to the person at the person’s address as shown by the records of the Registrar, or
(c) by the delivery by prepaid courier of the notice, addressed to the person at the person’s address, as shown by the records of the Registrar.
13(2)The giving of notice by mail as provided for in paragraph (1)(b) shall be deemed to have been effected upon the expiration of ten days after the deposit of the notice in the mail.
13(3)The giving of notice by prepaid courier as provided for in paragraph (1)(c) shall be deemed to have been effected on the date on which the Registrar receives written confirmation from the courier, in the form and manner established by the Registrar, that the notice was delivered to the person to whom it was to be given.
13(4)Proof of the giving of notice as provided for in paragraph (1)(a), (b) or (c) may be made by a certificate or an affidavit purporting to be signed by any officer or employee of the Department of Public Safety or a peace officer acting under section 310.04 naming the person to whom the notice was given and specifying the time, place and manner of the giving of the notice.
13(5)A document that purports to be a certificate of the Registrar, the Deputy Registrar or the Acting Registrar that the notice was given in the manner provided for in paragraph (1)(a), (b) or (c)
(a) shall be admissible in evidence without proof of the signature, and
(b) is, in the absence of evidence to the contrary, proof that the person named in the certificate received notice of the matters referred to in the certificate.
13(6)In any prosecution for an offence under this Act, when proof of the giving of notice is made by certificate or affidavit as provided for under subsection (4), the burden of proving that the person charged is not the person named or referred to in the certificate or affidavit shall be upon the person charged.
1955, c.13, s.9; 1958, c.19, s.1; 1959, c.23, s.2; 1960, c.53, s.2, 3; 1965, c.29, s.3; 1977, c.32, s.3; 1982, c.3, s.47; 1983, c.52, s.4; 1987, c.4, s.10; 1990, c.8, s.1; 2002, c.32, s.5; 2007, c.44, s.3
Evidence of notice
14For the purposes of this Act, a notice issued by or on behalf of the Registrar shall, in any proceedings, be prima facie evidence of the facts stated therein.
1967, c.54, s.2A
Powers of peace officer
15(1)The Minister and such persons as the Minister may designate are deemed to be peace officers for the purpose of this Act and have the power
(a) of peace officers for the purpose of enforcing the provisions of this Act and of any other law regulating the operation of vehicles or the use of the highways,
(b) to arrest in accordance with section 119 of the Provincial Offences Procedure Act a person violating a provision of this Act or any other law regulating the operation of vehicles or the use of highways,
(c) to direct traffic in conformance with law and in the event of a fire or other emergency or to expedite traffic or to insure safety to direct traffic as conditions may require notwithstanding the provisions of law,
(d) when on duty, to require the driver of any vehicle to stop and exhibit his licence and the registration certificate for the vehicle and submit to an inspection of such vehicle, and the registration plates and the registration certificate thereon or to an inspection or test of the equipment of such vehicle,
(e) to inspect any vehicle of a type required to be registered hereunder in any garage other than a private garage or in any repair shop or in any place where such vehicles are held for sale or wrecking, for the purpose of locating stolen vehicles and investigating the registration thereof,
(f) to serve all warrants relating to the enforcement of the laws regulating the operation of vehicles or the use of the highway, and
(g) to investigate traffic accidents and secure testimony of witnesses or of persons involved.
15(1.1)The Minister may designate any
(a) fishery officer designated under the Fisheries Act (Canada),
(b) conservation officer appointed under the Fish and Wildlife Act,
(c) assistant conservation officer appointed under the Fish and Wildlife Act, while accompanied by or acting under the immediate supervision of a conservation officer, and
(d) conservation officer appointed under the Crown Lands and Forests Act,
to be a peace officer for the purposes of paragraph 28(2)(a) and sections 92, 104, 105, 105.01, 105.1, 110, and 168 of this Act and to have the powers specified in paragraph (1)(d) except to require a driver to submit to an inspection or test of the equipment of such vehicle.
15(1.2)The Minister may designate any park warden as defined in the National Parks Act (Canada) to be a peace officer for the purpose of enforcing subsections 28(1) and (1.1), section 68, subsections 78(1) and (2), sections 105, 105.01 and 118, subsections 140(1) and (2), 140.1(1), 142.01(1) and 147(1), section 148, subsections 154(2) and 160(2), section 192, subsections 193.1(1) and 194(1) and sections 196, 198 and 203.
15(2)A person designated under subsection (1), when on duty, may be dressed in distinctive uniform and shall when so dressed display a badge of office.
15(3)A document or card that purports to be a designation under this section
(a) shall be admissible in evidence without proof of signature, and
(b) shall be prima facie evidence that the holder thereof has been duly designated under subsection (1).
1955, c.13, s.10; 1961-62, c.62, s.3; 1968, c.38, s.4; 1972, c.48, s.1; 1973, c.59, s.1; 1978, c.D-11.2, s.26; 1979, c.25, s.12; 1980, c.34, s.2; 1981, c.6, s.1; 1988, c.11, s.21; 1988, c.66, s.3; 1990, c.22, s.33; 1991, c.7, s.2; 1996, c.43, s.2; 1998, c.30, s.2; 2000, c.26, s.193; 2004, c.12, s.49; 2006, c.13, s.3; 2007, c.44, s.4; 2013, c.39, s.15
Authority of commercial vehicle inspectors
15.1A person designated as a commercial vehicle inspector under the Highway Act has all the authority of a peace officer under sections 28, 92, 105.01 260 and 261 for the purpose of enforcing sections 251, 251.1, 256, 257, 258, 259, 260, 261 and 359 and enforcing regulations made under any of those sections.
1980, c.34, s.3; 1994, c.88, s.1; 2007, c.44, s.5
Regulations
16The Lieutenant-Governor in Council may make regulations
(a) prescribing fees not otherwise provided for which may be charged to any person for any service provided by the Registrar under this Act, and
(b) generally for the better carrying out of the purposes of this Act.
1964, c.43, s.2; 1981, c.48, s.2
II
REGISTRATION OF VEHICLES
Registration of vehicles
17(1)Except as otherwise expressly provided in this Act, or by a regulation or order made thereunder, no person shall operate, and no owner shall permit to be operated on a highway, a vehicle required to be registered under this Part
(a) that is not registered,
(a.1) that is registered as a salvage vehicle or a non-repairable vehicle;
(b) the registration of which has expired, or
(c) while the registration of such vehicle is revoked or suspended.
17(2)On the hearing of an information charging a violation of subsection (1) the onus of proof that he did not know that the vehicle was registered as a salvage vehicle or a non-repairable vehicle, that the registration of the vehicle was revoked or suspended or that the registration thereof had expired, or that the vehicle was being operated without his permission shall be on the defendant.
1955, c.13, s.11; 1961-62, c.62, s.4; 1996, c.43, s.3; 1998, c.5, s.2
Registration of vehicles
17.01No person shall operate and no owner shall permit to be operated on a highway a vehicle registered under this Part in a manner that is not in accordance with the vehicle classification for which the registration certificate and registration plates were issued and the fee was charged in relation to that vehicle.
1985, c.34, s.3
Policy of insurance
17.1(1)Every motor vehicle required to be registered under this Act shall be covered by a policy providing the insurance referred to in sections 243, 255 and 264 of the Insurance Act.
17.1(2)No person shall operate and no owner shall permit to be operated a motor vehicle not covered by a policy of insurance as required by subsection (1).
17.1(2.1)Notwithstanding section 51 and subsection 56(8) of the Provincial Offences Procedure Act, a judge shall impose a fine under that Act of not less than one thousand dollars on a person convicted of an offence under subsection (2) and the Provincial Offences Procedure Act shall apply to such a conviction, with the necessary modifications, in all other respects.
17.1(3)No original, renewal or replacement of a registration certificate, registration plate or permit for a motor vehicle shall be issued unless the owner or operator of the motor vehicle furnishes with the application for the original, renewal or replacement, evidence of a policy of insurance with respect to the motor vehicle as required under subsection (1) that is satisfactory to the Registrar.
17.1(3.1)Repealed: 1995, c.18, s.1
17.1(3.2)A peace officer may seize a motor vehicle and cause the motor vehicle to be impounded if
(a) the driver of the motor vehicle is unable to present and deliver to the peace officer a motor vehicle liability insurance card under paragraph 28(2)(b), and
(b) the registered owner has been convicted of an offence under subsection (2) within the previous twenty-four months.
17.1(4)In any prosecution under subsection 17.1(2) or 28(1.1) or paragraph 28(2)(b), the onus of establishing that a motor vehicle was not required to be registered under this Act or that the motor vehicle was covered by a policy of insurance as required by subsection (1) is on the accused.
1975, c.86, s.1; 1980, c.34, s.4; 1983, c.52, s.5; 1987, c.38, s.2; 1989, c.17, s.8; 1994, c.87, s.1; 1995, c.18, s.1; 1997, c.14, s.1; 2004, c.30, s.4; 2004, c.37, s.1
Salvage, rebuilt and non-repairable vehicles
17.2(1)In this section
“contract” means a contract as defined in the Insurance Act;(contrat)
“insurance” means insurance as defined in the Insurance Act;(assurance)
“insurer” means an insurer who covers a motor vehicle under a contract of insurance for damage to that or any other motor vehicle as the result of any occurrence, other than normal wear and tear;(assureur)
17.2(2)The owner of a motor vehicle that sustains damage to the extent that it becomes, as the result of the damage, a salvage vehicle shall, within thirty days after the occurrence giving rise to the damage, notify the Registrar of the occurrence, indicate whether or not the owner considers the vehicle to be non-repairable and obtain from the Registrar a new registration certificate, on which the status of the vehicle is shown as salvage or as non-repairable.
17.2(3)Subsection (2) does not apply to the owner of a motor vehicle if, during the thirty day period referred to in subsection (2), the owner transfers ownership of the vehicle to an insurer who is required to give notice under subsection (4).
17.2(4)If an insurer assumes ownership of a motor vehicle that has sustained damage to the extent that it has become, as the result of the damage, a salvage vehicle, the insurer shall, within fourteen days after assuming ownership, notify the Registrar of the occurrence, indicate whether or not the insurer considers the vehicle to be non-repairable and obtain from the Registrar a new registration certificate, on which the status of the vehicle is shown as salvage or as non-repairable.
17.2(5)The owner of a salvage vehicle who rebuilds it shall, before transferring ownership of the vehicle as a rebuilt vehicle, apply for and obtain from the Registrar a new registration certificate, on which the status of the vehicle is shown as rebuilt.
17.2(6)An owner may apply to the Registrar under subsection (5) by providing the Registrar with
(a) a complete and accurate rebuilding record for the vehicle in accordance with the regulations,
(b) a valid and subsisting certificate of inspection referred to in paragraph 249(b),
(c) any other documentation or information required by the Registrar, and
(d) any applicable fee.
17.2(7)The Registrar, if satisfied with the rebuilding record and any other documentation or information provided under subsection (6) and if otherwise satisfied that the applicant and the rebuilt vehicle are in accordance with this Act and the regulations, may provide the applicant with a new registration certificate, on which the status of the vehicle is shown as rebuilt.
17.2(8)A motor vehicle that is registered as non-repairable under this section may not be registered under any other status at a later date.
17.2(9)The owner of a non-repairable vehicle shall not transfer ownership of it for any purpose other than as a source of parts or as scrap.
1998, c.5, s.3
Unregistrable vehicle
18No person shall operate a motor vehicle on a highway that is unregistrable under this Act.
1965, c.29, s.4; 1985, c.34, s.4
Registration of snowmobile
19The Registrar shall not register a snowmobile except one that
(a) in the opinion of the Registrar, is of such a size that if operated on a highway is not likely to create a hazard or to endanger persons or property, and
(b) is equipped in the manner in which a motor vehicle is under this Act required to be equipped.
1967, c.54, s.3
Registration of go-cart
20(1)The Registrar shall not register any go-cart or any other motor vehicle that, if operated on a highway, might endanger persons or property because of
(a) the size of the vehicle,
(b) substandard equipment on the vehicle, or
(c) lack of equipment on the vehicle.
20(2)Subsection (1) does not apply to the registration of a motor vehicle as a salvage vehicle or a non-repairable vehicle.
1970, c.34, s.4; 1985, c.34, s.5; 1998, c.5, s.4
Exceptions
21(1)Every motor vehicle, trailer, semi-trailer, pole trailer and all special mobile equipment operated on a highway shall be registered under this Part except
(a) any such vehicle operated upon a highway in conformance with the provisions of this Act relating to manufacturers, transporters, dealers, lien holders, or non-residents or under a temporary registration permit issued by the Division as hereinafter authorized,
(b) any implement of husbandry whether of a type otherwise subject to registration hereunder or not that is only incidentally operated upon a highway,
(b.1) any such vehicle being towed by a tow truck in accordance with this Act and the regulations,
(c) any special mobile equipment specifically excepted by the Minister, and
(d) any motor vehicle used exclusively as an ambulance, or by a fire department for protection against fires.
21(2)For the purposes of this section
“tow truck” means a motor vehicle equipped with hoisting and towing apparatus and equipment and designed and used for towing or rendering assistance to disabled motor vehicles.
1955, c.13, s.12; 1961-62, c.62, s.6; 1982, c.3, s.47; 1996, c.43, s.4
APPLICATIONS
Content of application for registration
22Every owner of a vehicle subject to registration hereunder shall make application to the Registrar for the Registration thereof upon the appropriate form furnished by the Registrar and every such application shall, if requested by the Registrar, bear the signature of the owner or the owner’s agent, in the form and manner indicated by the Registrar, which application shall contain
(a) the name, bona fide residence, and mail address of the owner or business address of the owner if a firm, association or corporation,
(b) a description of the vehicle including, in so far as the hereinafter specified data may exist with respect to a given vehicle, the make, model, type of body, the serial or identification number of the vehicle, and whether such vehicle is new or used and if a new vehicle the date of sale by the manufacturer or dealer to the person intending to operate such vehicle,
(c) in the case of a vehicle designed, constructed, converted or rebuilt for the transportation of property, a statement of its curb mass or its equivalent, and
(d) such other information as may reasonably be required by the Registrar to enable him to determine whether the vehicle is lawfully entitled to registration.
1955, c.13, s.13; 1977, c.M-11.1, s.17; 1979, c.43, s.2; 2002, c.32, s.6
Written contracts respecting registration
22.1(1)Notwithstanding any other provision of this Act and without limiting subsection 3(3.1), the Registrar may in a written contract authorize and require a person who is not an employee of the Civil Service, as defined in section 1 of the Civil Service Act,
(a) to take applications for registration of a vehicle as provided for in section 22,
(b) to accept payment of the fee prescribed for the registration,
(c) to require the applicant to furnish evidence of a policy of insurance with respect to the vehicle, as is required under subsection 17.1(3), and to examine that evidence,
(d) to issue or to refuse to issue to the applicant for registration a temporary permit to operate the vehicle as provided for in section 24, and registration plates,
(e) to forward to the Registrar a copy of the application for registration within four business days after accepting the application and prescribed fee, and to forward the prescribed fee to the Registrar in the manner provided for in the contract,
(f) to make and maintain records of each transaction in accordance with the requirements set out in the written contract,
(g) to submit to a periodic audit of the records by a person designated by the Registrar,
(h) to exercise such other powers, authority and rights and carry out such other duties and responsibilities of the Registrar that relate to the registration of vehicles and the issuance of temporary permits as may be set out in the written contract, and
(i) to comply with any other limitations, terms, conditions and requirements that are set out in the written contract.
22.1(2)The Registrar shall ensure that a registration certificate and any other appropriate evidence of registration are issued to the applicant forthwith after receiving the copy of the application for registration.
22.1(3)The Registrar may, in the Registrar’s discretion, amend, renew, suspend, revoke or reinstate a written contract made under this section.
22.1(4)The provisions of this Act and the regulations apply with the necessary modifications to the application for and the handling of the registration of a vehicle and the issuance of or refusing to issue a temporary permit by a person with whom the Registrar has made a written contract under subsection (1), and to all other matters carried out by such a person when acting under the contract.
22.1(5)A person with whom the Registrar has made a written contract under subsection (1) shall accept and handle applications and issue or refuse to issue temporary permits in every respect in accordance with the limitations, terms, conditions and requirements set out in the written contract and with the provisions of this Act and the regulations referred to in subsection (4), as they apply with the necessary modifications.
2002, c.32, s.7
Foreign registration
23(1)In the event the vehicle to be registered is a specially constructed, reconstructed or foreign vehicle, other than a rebuilt vehicle, such fact shall be stated in the application and with reference to every foreign vehicle that has been registered heretofore outside this Province the owner shall surrender to the Registrar all registration plates, registration cards or certificates, or other evidence of such foreign registration as may be in his possession or under his control except as provided in subsection (2) hereof.
23(2)Where in the course of interprovincial or international operation of a vehicle registered in another province or state it is desirable to retain registration of the vehicle in such other province or state, such applicant need not surrender but shall submit for inspection the evidences of such foreign registration and the Registrar upon a proper showing shall register the vehicle in the Province.
1955, c.13, s.14; 1956, c.19, s.2; 1998, c.5, s.5
Temporary permit
24The Registrar in his discretion may grant a temporary permit to operate a vehicle for which application for registration has been made where such application is accompanied by the proper fee, pending action upon application by him.
1955, c.13, s.15
Refusal of application for registration
25(1)The Registrar shall refuse registration or any transfer of registration upon any of the following grounds:
(a) that the application contains any false or fraudulent statement or that the applicant has failed to furnish required information or reasonable additional information requested by the Registrar or that the applicant is not entitled to registration of the vehicle under this Act,
(b) that the vehicle is mechanically unfit or unsafe to be operated or moved upon the highways,
(b.1) that the taxes owing under the Harmonized Sales Tax Act in respect of the motor vehicle have not been paid;
(c) that the Registrar has reasonable ground to believe that the vehicle is a stolen vehicle,
(c.1) that the applicant is under the age of sixteen;
(c.2) that the vehicle was a school bus, if the flashing red and amber lights have not been disconnected or removed and if the vehicle has not been painted a colour other than the school-bus colour,
(d) that the registration of the vehicle stands suspended or revoked for any reason as provided in the motor vehicle laws of this Province, or
(e) that the applicant has not paid the required fee with respect to the vehicle, or with respect to the registration of, or a registration certificate, registration plate or permit for, any vehicle under this Act.
25(2)Paragraph (1)(b) does not apply to the registration or the transfer of registration of a motor vehicle as a salvage vehicle or a non-repairable vehicle.
1955, c.13, s.16; 1977, c.32, s.4; 1978, c.39, s.2; 1983, c.52, s.6; 1985, c.34, s.6; 1997, c.H-1.01, s.53; 1998, c.5, s.6; 2012, c.36, s.6
Records of vehicle registration
26The Registrar shall file each application received and when satisfied as to the genuineness and regularity thereof, and that the applicant is entitled to register such vehicle, shall register the vehicle therein described and keep a record thereof in suitable books or on index cards as follows:
(a) under a distinctive registration number assigned to the vehicle;
(b) alphabetically, under the name of the owner;
(b.1) containing the rebuilding record in accordance with the regulations for a motor vehicle registered as rebuilt; and
(c) in the discretion of the Registrar, in any other manner he may deem desirable.
1955, c.13, s.17; 1998, c.5, s.7
Regulations in relation to rebuilding records
26.1The Lieutenant-Governor in Council may make regulations respecting the making, keeping, content, production, inspection or provision to the Registrar of, and any other matter in relation to, rebuilding records for motor vehicles registered or to be registered as rebuilt vehicles.
1998, c.5, s.8
REGISTRATION CERTIFICATES
Registration certificate
27(1)The Registrar upon registering a vehicle shall issue a registration certificate.
27(2)The registration certificate shall be delivered to the owner and shall contain upon the face thereof the date issued, the name and address of the owner, the registration number assigned to the vehicle and such description of the vehicle as may be determined by the Registrar and upon the reverse side a form for endorsement of notice to the Registrar upon transfer of the vehicle.
27(3)Each owner to whom a registration certificate has been delivered under subsection (2) shall
(a) if the owner is an individual, immediately sign his or her name in the space provided on the face of the certificate for the owner’s signature, or
(b) if the owner is a corporation, immediately ensure that a duly authorized person signs his or her name in the space provided on the face of the certificate for the owner’s signature and indicates the authority under which the certificate is signed.
1955, c.13, s.18; 1986, c.56, s.2; 1994, c.31, s.2
Registration certificate-lease
27.1Notwithstanding subsection 27(2), the registration certificate for a vehicle being leased for a period of thirty days or more shall contain, in the place of the name and address of the owner, the name of the owner together with the name and address of the lessee under the lease.
1988, c.66, s.4
Registration certificates and policies of insurance
28(1)No person shall operate a motor vehicle unless
(a) the registration certificate issued for it has been signed in accordance with subsection 27(3), and
(b) the original registration certificate or a photostatic copy of it is being carried in the vehicle or by the driver of the vehicle.
28(1.1)No person shall operate a motor vehicle that is required to be registered under this Act unless a motor vehicle liability insurance card issued by an insurer and approved by the Registrar under section 279 with respect to that motor vehicle is being carried in the motor vehicle or by the driver of the motor vehicle.
28(2)The driver of a motor vehicle shall, upon the demand of a peace officer, forthwith present and deliver into the peace officer’s hands, for examination in detail by the peace officer,
(a) the original or a photostatic copy of the registration certificate issued for the vehicle and signed in accordance with subsection 27(3), and
(b) a motor vehicle liability insurance card as required under subsection (1.1) with respect to that motor vehicle.
28(3)This section does not apply when and during the time
(a) such registration certificate has been forwarded to the Registrar for the purpose of renewal and the renewal has not been issued or received,
(b) such registration certificate has been endorsed with an application for transfer and immediately forwarded to the Registrar for transfer, and the transfer has not been issued or received, or
(c) the vehicle is being operated under the provisions of section 43.
28(4)The onus of proof that an application for renewal or transfer of registration had been forwarded to the Registrar shall be upon the accused.
1955, c.13, s.19; 1959, c.23, s.4; 1961-62, c.62, s.7; 1966, c.81, s.3; 1967, c.54, s.4, 4A; 1973, c.59, s.1; 1975, c.86, s.2; 1987, c.6, s.65; 1994, c.31, s.3; 1995, c.18, s.2
REGISTRATION PLATES
Registration plates
29(1)On registering a vehicle, the Registrar shall issue to the owner one registration plate for a motorcycle, an antique vehicle, a seasonal vehicle, a trailer or a semi-trailer and 2 registration plates for every other motor vehicle, but the Minister may order that only one registration plate shall be issued for each motor vehicle for the registration year or years specified in the order.
29(2)Every registration plate shall have displayed upon it the registration number assigned to the vehicle for which it is issued, the name of the Province, which may be abbreviated, the number of the year for which it is issued, and such other information as the Minister may by order require.
29(3)Such registration plate and the required letters and numerals thereon, except the year number for which issued, shall be of sufficient size to be plainly readable from a distance of thirty metres during daylight.
29(4)Registration plates issued to any person under this section shall remain at all times the property of the Crown.
1955, c.13, s.20; 1977, c.M-11.1, s.17; 2009, c.4, s.1
Registration plates
30(1)Registration plates issued for a motor vehicle other than a motorcycle, when two are issued, shall be attached thereto, one in the front and the other in the rear, and the registration plate issued for a motorcycle or other vehicle required to be registered hereunder, when only one is issued, shall be attached to the rear thereof; but, when one plate only is issued for a truck tractor, it shall be attached to the front thereof.
30(2)Every registration plate shall at all times be securely fastened to the vehicle for which it is issued so as to prevent the plate from swinging and at a height of not less than thirty centimetres from the ground measuring from the bottom of such plate, in a place and position to be clearly visible and shall be maintained free from foreign materials and in a condition to be clearly legible to a person on the highway in front or in rear of the vehicle as the case may be.
1955, c.13, s.21; 1961-62, c.62, s.8; 1973, c.59, s.4; 1977, c.M-11.1, s.17; 1998, c.30, s.3
Registration plates
31(1)Notwithstanding the provisions of section 29, in any registration year, on a renewal of a vehicle registration that was effective for the immediately preceding registration year, the Minister may authorize the Registrar to issue, instead of a registration plate or plates, a device that may be attached to the registration plate or affixed to the windshield or other part of the vehicle, which device shall bear thereon any other particulars the Minister requires, and the Minister shall order in what manner the device is to be attached or affixed to the vehicle.
31(2)The device referred to in subsection (1) shall be attached to the registration plate or affixed to the windshield or other part of the vehicle within 10 days of the renewal.
31(3)On the demand of a peace officer, an owner or driver of the vehicle shall produce evidence of the renewal of the registration.
1960, c.53, s.4; 2009, c.4, s.2
RECIPROCAL ARRANGEMENTS
RESPECTING REGISTRATIONS
Reciprocal arrangements respecting registrations
32(1)The Lieutenant-Governor in Council may make or authorize to be made with any other province a reciprocal arrangement or agreement with respect to any vehicle or class of vehicle or any class of motor vehicle owners to provide that where
(a) a vehicle is properly registered in that other province, and
(b) the registration certificate, registration plate and any other means of vehicle identification issued by that other province are surrendered to the Registrar,
that vehicle may be registered in New Brunswick and the appropriate registration certificate and registration plates may be issued to the vehicle owner without fee for the unexpired portion of the surrendered registration term.
32(2)An arrangement or agreement made pursuant to subsection (1) shall be made
(a) subject to the condition that no person is entitled to any exemption or privilege thereunder in respect of a motor vehicle in New Brunswick unless the owner of the motor vehicle has complied with the law of his place of residence as to the registration of motor vehicles, and
(b) subject to cancellation by the Lieutenant-Governor in Council.
1972, c.48, s.7
TERM, RENEWAL AND TRANSFER OF
REGISTRATIONS
Term of registrations
33(1)Unless the regulations provide otherwise, every vehicle registration under this Act, other than the registration of a commercial vehicle, and every registration certificate and registration plate issued under this Act for such vehicle, shall expire at midnight on the thirty-first day of March of each year.
33(2)The Minister, with the approval of the Lieutenant-Governor in Council, may make regulations
(a) altering the period of registration or expiry date fixed under subsection (1) in respect of certain vehicles or classes of vehicles;
(b) establishing the period of registration for a commercial vehicle or class of commercial vehicle and fixing the expiry date of the registration, registration certificate and registration plate for the commercial vehicle or class of commercial vehicle.
1955, c.13, s.22; 1967, c.54, s.5; 1971, c.48, s.1; 1977, c.M-11.1, s.17; 1985, c.34, s.7; 1988, c.66, s.5; 1998, c.30, s.4; 2006, c.24, s.1
Application for renewal
34Application for renewal of a vehicle registration shall be made by the owner or his agent upon proper application and by payment of the registration fee for such vehicle, as provided by law.
1955, c.13, s.23; 1977, c.32, s.5
Term, renewal and transfer of registrations
35(1)The Minister, with the approval of the Lieutenant-Governor in Council, may make regulations fixing or altering any fees payable under this Act.
35(2)Notwithstanding any other provision of this Act, the Minister, with the approval of the Lieutenant-Governor in Council, may make regulations fixing or altering fees in relation to the issuance or holding of special licence plates, which fees may be deposited, in whole or part, in a special purpose account under the Financial Administration Act, or a trust,
(a) that is administered by the Minister, by another Minister of the Crown, or by a person designated by such a Minister, as stipulated in the regulations,
(b) from which money shall be disbursed for a purpose specified in the regulations, and
(c) that is otherwise in accordance with the regulations.
1955, c.13, s.24; 1983, c.8, s.23; 1998, c.30, s.5; 2000, c.26, s.193
Fixing or altering fees – classes of licences or vehicles
35.1Fees fixed or altered pursuant to section 35 may vary for different classes of licences or classes of vehicles.
1983, c.52, s.7
Transfer of a fees
35.2The Lieutenant-Governor in Council may make regulations respecting the transfer of a fee paid on the registration of a commercial vehicle to the registration of another commercial vehicle.
1983, c.52, s.7
Name or address change
36(1)Whenever any person, after making application for or obtaining the registration of a vehicle, moves from the address named in the application or shown upon a registration certificate such person shall within ten days thereafter notify the Registrar in writing of the change, giving his old and new addresses.
36(2)Whenever the name of any person who has made application for or obtained the registration of a vehicle is thereafter changed by marriage or otherwise such person shall within ten days notify the Registrar of the change, giving such former and new name.
36(3)Whenever the name and address of the lessee of a vehicle are shown on a registration certificate in accordance with section 27.1 and the lessee’s name or address changes from the name or address shown on the registration certificate, the lessee shall within ten days after the change of name or address notify the Registrar in writing of the change, giving the Registrar the lessee’s former and new name or address, as the case may be.
1955, c.13, s.25; 1988, c.66, s.6; 1998, c.30, s.6
Duplicate, substitute or a new registration
37In the event any registration certificate or registration plate is lost, mutilated, or becomes illegible the owner or legal representative or successor in interest of the owner of the vehicle for which the same was issued as shown by the records of the Registrar shall immediately make application for and may obtain a duplicate or substitute or a new registration under a new registration number, as determined to be most advisable by the Registrar, upon the applicant furnishing information satisfactory to him.
1955, c.13, s.26
Distinguishing number
38The Registrar is authorized to assign a distinguishing number to a motor vehicle whenever the serial number thereon is destroyed or obliterated and to issue to the owner a special plate bearing such distinguishing number which shall be affixed to the vehicle in a position to be determined by the Registrar and such motor vehicle shall be registered under such distinguishing number in lieu of the former serial number.
1955, c.13, s.27
Change or substitution of an engine
39The Minister with the approval of the Lieutenant-Governor in Council is authorized to adopt and enforce such registration rules and regulations as may be deemed necessary and compatible with the public interest with respect to the change or substitution of one engine in place of another in any motor vehicle.
1955, c.13, s.28
Antique vehicles
39.1(1)The Minister, subject to the approval of the Lieutenant-Governor in Council, may make regulations respecting the registration and operation of antique vehicles.
39.1(2)Where the regulations made under this section conflict with this Act and regulations made under any other section of this Act, regulations made under this section prevail.
1977, c.32, s.6
39.2The Minister, subject to the approval of the Lieutenant-Governor in Council, may make regulations respecting the registration and operation of seasonal vehicles.
2009, c.4, s.3
Application for transfer
40Whenever the owner of a registered vehicle transfers or assigns his title or interest thereto and the possession thereof, such owner shall sign the application for transfer and shall endorse the name and address of the transferee or assignee and the date of transfer upon the reverse side of the registration certificate issued for such vehicle, and shall immediately forward such certificate to the Registrar.
1955, c.13, s.29; 1961-62, c.62, s.9
Transfer of registration
41The transferee or assignee of a vehicle under section 40, before storing, dismantling, operating or permitting the operation of such vehicle, shall apply for the transfer of the registration thereof to such transferee or assignee.
1955, c.13, s.30; 1956, c.19, s.3; 1961-62, c.62, s.9; 1977, c.32, s.7; 1986, c.56, s.3
Dealer or wrecker
42Whenever a dealer or wrecker purchases or otherwise acquires a previously registered vehicle the dealer or wrecker shall immediately notify the Registrar giving the name of the former owner and a sufficient description of the vehicle to identify the same.
1955, c.13, s.31; 1985, c.34, s.8
Title or interest passes otherwise than by voluntary transfer or death
43(1)Whenever the title or interest of an owner in or to a registered vehicle passes to another otherwise than by voluntary transfer or by death, no person shall operate such vehicle except as may be necessary to move such vehicle to the residence or place of business of the person entitled to the possession thereof, or to a garage, if within a distance of not exceeding one hundred twenty kilometres, unless and until the person entitled to such possession applies for and obtains the transfer to him of the registration thereof.
43(2)Upon any such transfer the new owner may secure the transfer of the registration of such vehicle to him upon proper application.
1955, c.13, s.32; 1961-62, c.62, s.10; 1977, c.M-11.1, s.17
Manufacturer or dealer
44(1)Every manufacturer or dealer upon transferring a vehicle of a type subject to registration hereunder, whether by sale, lease, or otherwise to any person other than a manufacturer or dealer, shall immediately give written notice of such transfer to the Registrar upon the official form provided by the Registrar.
44(2)Every such notice shall contain the date of such transfer, the names and addresses of the transferor and transferee, and such description of the vehicle as may be called for in such official form.
1955, c.13, s.33
Termination of lease
44.1Where the name and address of the lessee of a vehicle are shown on a registration certificate in accordance with section 27.1 and the lease terminates, the owner of the vehicle shall within ten days after the termination of the lease notify the Registrar in writing of the termination of the lease giving the Registrar the name and address of the lessee under the terminated lease.
1988, c.66, s.7
Dismantling or wrecking vehicle
45Any owner dismantling or wrecking any registered vehicle shall immediately forward to the Division the registration certificate and the registration plate or plates last issued for such vehicle.
1955, c.13, s.34
NON-RESIDENTS
Private passenger vehicle
46(1)Any private passenger vehicle owned by a non-resident and duly and fully registered in his home province or state may be operated on the highways of the Province without being registered in the Province.
46(2)The provisions of subsection (1) do not apply to a private passenger vehicle owned or operated by
(a) a non-resident who enters the Province with such vehicle to solicit business and who remains in the Province for more than thirty days during any one year or who uses such vehicle to make deliveries to purchasers in the Province,
(b) a non-resident who resides or remains in the Province more than six months in any year,
(c) a non-resident who allows such vehicle to be operated in the Province for a period in excess of thirty days, except as a chauffeur, by a person resident or ordinarily resident in the Province, or
(d) a non-resident other than one described in paragraph (a) who is gainfully employed in the Province.
1955, c.13, s.38; 1985, c.34, s.9
Commercial vehicle or bus
47(1)Subject to subsections (2) and (3) and to any special or temporary permits issued in accordance with the regulations no person shall operate a commercial vehicle or a bus owned or operated by or on behalf of a non-resident unless such vehicle is registered under this Part.
47(2)Subsection (1) does not apply to a commercial vehicle or bus owned or operated by or on behalf of a non-resident if
(a) the commercial vehicle or bus is registered in the province or state in which the owner resides,
(b) the law of that province or state respecting the carrying and displaying of the registration certificate, plates, any other evidence of registration or a temporary permit, transit marker or other evidence of temporary permission to relocate a vehicle is complied with while the vehicle is operated in this Province,
(c) there are in effect between this Province and the province or state in which the non-resident owner resides reciprocal provisions as provided for by subsection (4) or (5), and
(d) the reciprocal provisions applicable to the operation in this Province of the commercial vehicle or bus are complied with.
47(3)The Registrar may, where there are in effect no reciprocal provisions as provided for by subsection (4) or (5), upon application and upon payment of the required fee, issue a special permit allowing a bus owned or operated by or on behalf of a non-resident and duly registered in its home province or state to be operated on the highways of the province where such bus
(a) is being driven without passengers from the place in which it was manufactured to the province or state in which it is registered,
(b) is from a home province or state which allows buses registered in the Province to be operated on the highways of that province or state without being registered therein,
(c) is driven through the Province without taking on or letting off passengers therein,
(d) is brought into the Province temporarily for repairs and is not used in the Province to transport passengers, or
(e) is used in making tours of the Province, if passengers are not taken on or let off in the Province.
47(4)The Minister, with the approval of the Lieutenant-Governor in Council, may enter into a reciprocal arrangement or agreement with any province or state
(a) to grant exemptions, partial exemptions, privileges or concessions to a class or classes of owners of commercial vehicles or buses who are ordinarily resident in that other province or state in respect of the application of the provisions of this Act to their operations in the Province, and
(b) to provide for the granting by that other province or state of similar exemptions, privileges or concessions to owners of commercial vehicles or buses who are ordinarily resident in the Province in respect of their operations in that other province or state.
47(5)The Minister, with the approval of the Lieutenant-Governor in Council, may enter into an agreement with any province or state to apportion registration fees on commercial vehicles or buses in respect of commercial vehicles or buses engaged in interprovincial or international travel on the basis of distance travelled by those vehicles within each jurisdiction that is a party to the agreement.
47(6)An arrangement or agreement made pursuant to subsection (4) or (5) may contain provisions denying any exemptions, privileges or concessions granted by the arrangement or agreement to any person who breaches a condition contained in it or who contravenes any regulation made for the administration of the arrangement or agreement.
47(7)No arrangement or agreement may be made under subsection (4) or (5) to provide an exemption, privilege or concession with respect to fuel taxes, tolls or any other fees or taxes levied, charged or assessed against the use of highways or the operation or ownership of vehicles except registration fees.
47(8)The Lieutenant-Governor in Council may make regulations
(a) respecting the implementation of any agreement entered into pursuant to subsection (4) or (5);
(a.1) respecting fees to be paid upon any registration of a commercial vehicle or bus referred to in subsection (5), for the purpose of funding expenditures in connection with the administration of an agreement referred to in that subsection;
(b) respecting the issuance of special or temporary permits for commercial vehicles owned or operated by or on behalf of a non-resident, including the fees payable therefor and terms and conditions applicable thereto.
1955, c.13, s.39; 1960, c.53, s.5, 6; 1961-62, c.62, s.11; 1980, c.34, s.5; 1981, c.48, s.3; 1986, c.56, s.4; 1994, c.31, s.4; 1995, c.N-5.11, s.44; 2002, c.32, s.8
Repealed
48Repealed: 1980, c.34, s.6
1955, c.13, s.40; 1961-62, c.62, s.12; 1980, c.34, s.6
All motor vehicles, mass of commercial vehicle or bus
49(1)All motor vehicles owned or operated by non-residents on the highways in the Province are subject to all restrictions and regulations as to dimensions, equipment and traffic control required in the case of motor vehicles registered in the Province.
49(2)A commercial vehicle or bus registered outside the Province shall, while being operated in the Province under the provisions of subsection 47(2) be deemed to be registered hereunder at either the maximum mass permitted by the laws of this Province for that type of vehicle, or the maximum mass for which it is registered in its home province or state, whichever is the lesser, but a vehicle operated in the Province under paragraph 47(2)(c) shall be deemed to be registered in this Province for the maximum mass permitted by the laws of this Province for that type of vehicle.
1955, c.13, s.41; 1977, c.M-11.1, s.17; 1979, c.43, s.3; 1980, c.34, s.7
MANUFACTURERS, TRANSPORTERS
AND DEALERS
Special plates
50(1)A manufacturer or dealer who owns any vehicle of a type otherwise required to be registered hereunder may operate or move the same upon the highways solely for purposes of transporting, testing, demonstrating, or selling the same without registering each such vehicle upon condition that there is displayed thereon in the manner prescribed in section 30 a special plate or plates issued to that owner as provided in this Part.
50(2)A transporter may operate or move any vehicle of like type upon the highways solely for the purpose of delivery upon likewise displaying thereon like plates issued to him as provided in this Part.
50(3)The provisions of this section do not apply to work or service vehicles owned by a manufacturer, transporter, or dealer.
1955, c.13, s.43
Application for special plates
51(1)Any manufacturer, transporter or licensed dealer may make application to the Registrar upon the appropriate form for a certificate containing a general distinguishing number and for one or more special plates or single special plates as appropriate to various types of vehicles subject to registration hereunder, and the applicant shall also submit such proof of his status as a bona fide manufacturer, transporter, or dealer as may reasonably be required by the Registrar.
51(2)The Registrar, upon granting any such application, shall issue to the applicant a certificate containing the applicant’s name and address and the general distinguishing numbers assigned to the applicant, and special plates as applied for, which shall have displayed thereon the general distinguishing numbers assigned to the applicant and any other information the Minister may by order require.
1955, c.13, s.44; 1987, c.38, s.3
Expiry of special plates
52Special plates issued hereunder shall expire at midnight on the thirty-first day of March of each year, and new plates for the ensuing year may be obtained by the person to whom such expired plates were issued upon application to the Registrar and payment of the fees provided by law.
1955, c.13, s.45; 1991, c.61, s.1
Record
53Every manufacturer, transporter, or dealer shall keep a written record of the vehicles upon which such special plates are used and the time during which each set of plates is used on a particular vehicle, which record shall be open to inspection by any peace officer or any officer or employee of the Division.
1955, c.13, s.46; 1982, c.3, s.47
LICENSING OF DEALERS
Application for licence, bond
54(1)No person unless licensed so to do by the Registrar, under this Act, shall carry on or conduct the business of
(a) a dealer or sub-dealer in new or used motor vehicles, or new trailers or new semi-trailers of a type subject to registration, a heavy equipment dealer or a farm machinery dealer, or
(b) wrecking or dismantling motor vehicles for resale of the parts thereof.
54(2)Application for a dealer’s, sub-dealer’s, used motor vehicle dealer’s or wrecker’s licence shall be made on a form provided by the Registrar and shall contain the name and address of the applicant; and when the applicant is a partnership, the name and address of each partner; or when the applicant is a corporation, the names of the principal officers of the corporation, and the place where the business for which the licence is applied is to be conducted, and the nature of such business, and such other information as may be required by the Registrar and every such application shall be verified by the oath or affirmation of the applicant, if an individual, or in the event an applicant is a partnership or corporation, then by a partner or officer thereof, and every such application shall be accompanied by the fee required by law.
54(3)An applicant making application under subsection (2) and a holder of a subsisting dealer’s licence shall furnish and maintain a security bond for the purpose of compensating purchasers for losses due to dishonest conduct, misappropriation or wrongful conversion of money or property intrusted to or received by the dealer or a dealer’s employee or agent arising out of the purchase of a motor vehicle, heavy equipment, farm machinery, trailers and semi-trailers.
54(4)The bond required under subsection (3) shall be on a form provided by the Registrar and in an amount prescribed by the regulations.
54(5)For the purpose of bringing an action arising out of an act or omission occurring during the security term of a bond, the bond continues in force for two years after the end of the security term; and for the purpose of making any claim in respect of the bond, the action shall be brought within the two-year period.
54(6)The obligee may, upon notice in writing to the surety before the expiration of the period during which the bond continues in force pursuant to subsection (5), extend that period for a further period of not longer than one year.
1955, c.13, s.47; 1967, c.54, s.5A; 1968, c.38, s.5; 1977, c.32, s.8; 1996, c.43, s.5; 1998, c.30, s.7
Issuance of licence, supplemental licence, special licence
55(1)The Registrar, upon receiving application accompanied by the required fee, and when satisfied that the applicant is of good character, and so far as can be ascertained has complied with this Act and the regulations, shall issue to the applicant a licence valid up to and including December thirty-first of each year which shall entitle the licensee to carry on and conduct the business of a dealer, sub-dealer, used motor vehicle dealer or wrecker, as the case may be, at any one place of business during the calendar year in which the licence is issued, and may renew each such licence upon application and payment of the fee required by law.
55(2)The Registrar may refuse to issue a licence or, after written notice to the licensee may cancel a licence in the case of a dealer in new motor vehicles, a sub-dealer in new motor vehicles, a dealer in used motor vehicles, or a wrecker where the applicant or licensee does not maintain a book-keeping system and records adequate to provide full information on all motor vehicles wrecked, sold or held for sale and repair.
55(3)Any licensee, before moving any one or more of his places of business, shall apply to the Registrar for and obtain a supplemental licence, for which the ordinary fee shall be charged.
55(4)Any licensee before opening and operating a satellite place of business shall apply for and obtain in accordance with the regulations a special licence for which the ordinary fee shall be charged, and such licence shall be subject to such terms and conditions as are prescribed by regulation.
1955, c.13, s.48; 1983, c.52, s.8
Record
56(1)Every holder of a licence issued under section 55 shall maintain a record of
(a) every vehicle of a type subject to registration hereunder that is bought, sold, or exchanged by such licensee or received or accepted by such licensee for sale or exchange, and
(b) every such vehicle which is bought or otherwise acquired and wrecked by such licensee.
56(2)Every record shall state the name and address of the person from whom such vehicle was purchased or acquired and the date thereof and the name and address of the person to whom any such vehicle was sold or otherwise disposed of and the date thereof and a sufficient description of every such vehicle, by name and identifying numbers thereon, to identify the same.
56(3)Every such record shall be open to inspection by any peace officer during reasonable hours.
1955, c.13, s.49; 1996, c.43, s.6
Rules and regulations
57Subject to the approval of the Lieutenant-Governor in Council, the Minister may from time to time make such rules and regulations
(a) respecting the bonding and regulating of dealers and wreckers, including
(i) respecting the issue, transfer, suspension, cancellation, renewal and reinstatement of dealer’s licences,
(ii) establishing or authorizing the Registrar to impose, in addition to any terms and conditions imposed under this Act, further terms and conditions upon which dealer’s licences may be refused, issued, transferred, held, suspended, cancelled, renewed or reinstated, and
(iii) respecting fees and penalties in relation to the licensing, bonding and regulating of dealers and wreckers;
(a.1) respecting the application for and the granting of special licences for satellite places of business and prescribing the terms and conditions to which such licences shall be subject;
(b) Repealed: 1994, c.31, s.5
(c) respecting appeals from any decision of the Registrar, including the designation of a body or person to whom appeals may be made, in relation to applications for and the issuance, renewal, suspension, cancellation and reinstatement of licences of dealers and wreckers and special licences referred to in paragraph (a.1).
1961-62, c.62, s.13; 1967, c.54, s.5B; 1978, c.39, s.3; 1983, c.52, s.9; 1985, c.34, s.10; 1994, c.31, s.5; 1996, c.43, s.7
TRANSIT MARKERS
Transit markers
58(1)On payment of the prescribed fee, a Transit Marker may be issued in respect of any vehicle
(a) whether it is registered under this Act or not, to enable the vehicle to be operated without load on a single return trip from one place to another place named in the Transit Marker in order to have the vehicle inspected as required by this Act and the regulations, or
(b) that is not registered under this Act to enable the vehicle to be operated without load on the highways of the Province for a period of twenty-four hours from the time of the issuance of the Transit Marker.
58(2)The driver of the vehicle shall ensure that the Transit Marker is displayed on the vehicle in respect of which it is issued in the same manner as a certificate of inspection is required to be displayed.
58(3)A Transit Marker
(a) issued under paragraph (1)(a) shall be destroyed by the driver of the vehicle immediately after the vehicle has made the trip for which the Transit Marker was issued,
(b) issued under paragraph (1)(b) shall be destroyed by the driver of the vehicle immediately after the expiration of the twenty-four hour period for which the Transit Marker was issued.
1955, c.13, s.50; 1983, c.52, s.10; 1986, c.56, s.5; 1987, c.38, s.4; 1990, c.61, s.84
GARAGE AND
SERVICE STATION LICENCES
Rules and regulations, fees and penalties
59Subject to the approval of the Lieutenant-Governor in Council the Minister may from time to time make such rules and regulations and prescribe such fees and penalties as he may deem necessary or expedient for the licensing and regulating of garages and service stations.
1955, c.13, s.51
Report
60Every garage or service station keeper shall transmit to the Registrar, a report of all second hand or used motor vehicles bought, sold, wrecked or junked.
1955, c.13, s.52
Investigation and inspection
61Any official of the Division, any peace officer or any person authorized by the Registrar may enter into any place where motor vehicles are stored or any garage other than a private garage, and make such investigation and inspection as he thinks fit, in order to ascertain whether the provisions of this Act or the regulations have been complied with.
1955, c.13, s.54; 1982, c.3, s.47
STOLEN VEHICLES
Report chief of police or peace officer
62Every chief of police, or peace officer upon receiving reliable information that any vehicle registered hereunder has been stolen shall immediately report such theft to the Registrar unless prior thereto information has been received of the recovery of such vehicle, and the officer upon receiving information that any vehicle, which he has previously reported as stolen, has been recovered, shall immediately report the fact of such recovery to the Registrar.
1955, c.13, s.55
Report by owner
63The owner of a registered vehicle that has been stolen may notify the Registrar of such theft and every owner or other person who has given any such notice shall notify the Registrar of the recovery of such vehicle.
1955, c.13, s.56
Duties of Registrar
64(1)The Registrar upon receiving a report of a stolen vehicle as hereinbefore provided shall file and appropriately index the same and shall immediately suspend the registration of the vehicle so reported and shall not transfer the registration of the same until such time as he is notified in writing that the vehicle has been recovered.
64(2)The Registrar shall at least once each week compile or cause to be compiled and maintain at the central office of the Division at Fredericton a list of all vehicles that have been stolen or recovered as reported to it during the preceding week and such lists shall be open to inspection by any peace officer or other person interested in any such vehicle.
1955, c.13, s.57; 1982, c.3, s.47
OFFENCES RESPECTING
SERIAL NUMBERS
Offences respecting serial numbers
65Any person who knowingly buys, receives, disposes of, sells, offers for sale, or has in his possession any motor vehicle, or engine removed from a motor vehicle, from which the manufacturer’s serial or engine number or other distinguishing number or identification mark or number placed thereon under assignment from the Registrar has been altered for the purpose of concealing or misrepresenting the identity of the motor vehicle or engine is guilty of an offence.
1955, c.13, s.58
Idem
66(1)Any person who defaces, destroys, or alters the manufacturer’s serial or engine number or other distinguishing number or identification mark of a motor vehicle or who places or stamps any serial, engine or other number or mark upon a motor vehicle, except one assigned thereto by the Registrar is guilty of an offence.
66(2)This section does not prohibit the restoration by an owner of an original serial, engine, or other number or mark when such restoration is made under permit issued by the Registrar, nor prevent any manufacturer from placing in the ordinary course of business numbers or marks upon motor vehicles or parts thereof.
1955, c.13, s.59
OFFENCES RESPECTING REGISTRATION
Offences respecting registration
67Any person who uses a false name or a name other than his own or his principals in any application for the registration of a vehicle, or knowingly makes a false statement, or knowingly conceals a material fact in any application, is guilty of an offence.
1955, c.13, s.60
Plates required for operation of vehicle
68No person shall operate, nor shall an owner knowingly permit to be operated, upon any highway any vehicle required to be registered hereunder unless there is
(a) attached thereto and displayed thereon in the manner provided by section 30 the registration plate or plates issued therefor by the Registrar for the current registration year, or
(b) attached thereto and displayed thereon in the manner provided by section 30 the registration plate or plates issued therefor by the Registrar and attached or affixed thereto in the manner ordered by the Minister the device issued therefor by the Registrar for the current registration year,
except as otherwise expressly permitted in this Act.
1955, c.13, s.61; 1960, c.53, s.8; 1961-62, c.62, s.14; 1971, c.48, s.2
Offences respecting registration certificates and plates
69No person shall lend to another any registration certificate, registration plate, special plate, or permit issued to him if the person desiring to borrow the same is not entitled to the use thereof, nor shall any person knowingly permit the use of any of the same by one not entitled thereto, nor shall any person display upon a vehicle any registration certificate, registration plate, or permit not issued for such vehicle or not otherwise lawfully used thereon under this Act.
1955, c.13, s.62
Alteration of certificates and plates
70It is an offence for any person, other than an officer of the Division with respect to paragraph (a), to commit any of the following acts:
(a) to alter any registration certificate, registration plate, or permit issued by the Registrar,
(b) to draw, prepare or manufacture any such document or plate purporting to have been issued by the Registrar that is not in fact issued by the Registrar,
(c) to hold or use any such document or plate knowing the same to have been so altered, drawn, prepared or manufactured, or
(d) to operate or have under his control or in his charge any motor vehicle on which motor vehicle there is displayed any fictitious registration plate.
1955, c.13, s.63; 1965, c.29, s.5; 1982, c.3, s.47
Repealed
71Repealed: 2000, c.28, s.9
1967, c.54, s.6; 1977, c.M-11.1, s.17; 2000, c.28, s.9
REVOCATION OF REGISTRATION
Revocation of registration
72The Registrar is hereby authorized to suspend or revoke the registration of a vehicle, registration certificate, or registration plate, or any non-resident operating privilege or other permit in any of the following events:
(a) when he is satisfied that such registration, card, plate, or permit was erroneously issued,
(b) when he determines that a registered vehicle or a vehicle owned or operated by a non-resident is mechanically unfit or unsafe to be operated or moved upon the highways,
(c) when a registered vehicle has been dismantled or wrecked,
(d) when he determines that the required fee has not been paid and the same is not paid upon reasonable notice and demand,
(d.1) when he determines that the owner has not paid any other fee required by this Act to be paid with respect to the registration of a vehicle, or with respect to a registration certificate, registration plate, privilege or permit, and the fee is not paid upon reasonable notice and demand,
(d.2) when the Registrar determines that the circumstances established by the regulations made under paragraph 72.1(1) exist,
(d.3) when the Registrar is authorized to do so under a reciprocal agreement entered into under subsection 72.1(2),
(e) when a registration certificate, registration plate, or permit is knowingly displayed upon a vehicle other than the one for which it is issued,
(f) when he determines that the owner has committed any offence under this Part involving the registration certificate, plate, or permit that is to be suspended or revoked, or
(g) when he is so authorized under any other provision of law.
1955, c.13, s.64; 1961-62, c.62, s.15; 1983, c.52, s.11; 1997, c.62, s.2
Regulations, reciprocal agreements
72.1(1)The Lieutenant-Governor in Council may make regulations respecting the suspension, revocation or reinstatement of the registration, the registration certificate or the registration plate of a vehicle or any non-resident operating privilege or other permit for the purposes of the enforcement of the collection of tolls or interest, fees or charges in relation to tolls, in circumstances not already provided for in this Act.
72.1(2)The Minister, with the approval of the Lieutenant-Governor in Council, may enter into reciprocal agreements with a government of another jurisdiction or a person or agency in another jurisdiction and may include in the agreements terms respecting the disclosure or exchange of information or the suspension of the registration, the registration certificate or the registration plate of a vehicle or any non-resident operating privilege or other permit for the purposes of, and any other matter in relation to, the enforcement of the collection of tolls or interest, fees or charges in relation to tolls.
72.1(3)Regulations made under subsection (1) or reciprocal agreements entered into under subsection (2) may relate to the collection of tolls, or interest, fees or charges in relation to tolls, by the New Brunswick Highway Corporation, a project company or a delegate or sub-delegate of either of them, under the authority of the New Brunswick Highway Corporation Act.
1997, c.62, s.3
Special plates
73The Registrar shall suspend or revoke the special plates issued to a manufacturer, transporter, or dealer upon determining that any person is not lawfully entitled thereto or has made or knowingly permitted any illegal use of such plates or failed to give notices of transfers when and as required by this Act.
1955, c.13, s.65
Return of evidence of registration
74Whenever the Registrar as authorized hereunder cancels, suspends or revokes the registration of a vehicle, registration certificate, or registration plate or plates, or any non-resident operating privilege or other permit, or the licence of any dealer or wrecker, the owner or person in possession of the same shall immediately return the evidence of registration, or licence so cancelled, suspended, or revoked to the central office of the Division at Fredericton.
1955, c.13, s.66; 1982, c.3, s.47
DISPOSITION OF FEES
Return or refund of fees
75(1)When any application to the Registrar is accompanied by any fee as required by law and the application is refused or rejected the fee shall be returned to the applicant.
75(2)When the Registrar through error collects any fee not required to be paid hereunder the same shall be refunded to the person paying the same.
75(3)No refund shall be made unless a claim for refund has been filed within two years from the date of payment.
75(4)This section does not apply to a fee paid in respect of an oral hearing under section 310.05.
1955, c.13, s.67; 1967, c.54, s.7; 2007, c.44, s.6
Disposition of fees
76(1)A vehicle registration may be surrendered at any time during the registration year for which it is issued upon application to the Registrar and upon the return of the registration certificate and licence plate or plates.
76(2)On the surrender of a vehicle registration under this section, the registered owner is entitled, subject to the regulations, to receive as a refund of the registration fee paid by him or her an amount determined in accordance with the regulations.
76(2.1)The Lieutenant-Governor in Council may make regulations respecting refunds for the purposes of this section, including the amount of the refund and the circumstances in which a refund shall not be made.
76(3)Repealed: 1981, c.48, s.4
1955, c.13, s.68; 1969, c.55, s.2, 3; 1981, c.48, s.4; 2004, c.33, s.1
Consolidated Fund
77Subject to section 363, all fees paid under this Act or any regulation made hereunder shall form part of the revenue of the Province and shall be paid over into the Consolidated Fund.
1955, c.13, s.69
III
DRIVER’S LICENCES
Driver’s licences
78(1)No person, except a person expressly exempted or authorized under this Act, shall drive any motor vehicle or farm tractor upon a highway in the Province unless the person has a valid licence issued under the provisions of this Act.
78(2)No person shall drive a motorcycle upon a highway unless he is in possession of a valid licence endorsed either “valid for motorcycle” or “valid for motorcycle only” as the case may be.
78(3)Any person licensed under this Act may exercise the privilege thereby granted upon all highways in the Province and is not required to obtain any other licence from any local authority to exercise such privilege.
78(4)Any person not previously licensed in New Brunswick or in any other jurisdiction shall be required to obtain a class of licence as prescribed by regulation before operating a motor vehicle in New Brunswick.
78(5)No person who has been licensed to operate a vehicle in any other jurisdiction shall be issued a licence to operate a vehicle in New Brunswick unless he surrenders to the Registrar the licence issued by the other jurisdiction.
78(5.1)If the person referred to in subsection (5) is under the age of 21 years, the Registrar shall issue to the person a licence that is subject to the restriction referred to in subsection 91(1.01).
1955, c.13, s.70; 1960, c.53, s.9; 1967, c.54, s.8, 9; 1968, c.38, s.6; 1971, c.48, s.3; 1972, c.48, s.9; 1994, c.31, s.6; 1996, c.43, s.8; 2008, c.33, s.1
Reciprocal agreements
79(1)The Minister may make or authorize to be made with any other province a reciprocal arrangement or agreement with respect to licences or any class of licence to provide that if
(a) a licence has been issued by that province, and
(b) the licence is surrendered to the Registrar,
the holder of the licence may obtain a licence of an appropriate class for the balance of the period of the surrendered licence without fee and without being required to take any test with respect to his or her driving ability unless the Registrar has reason to believe that a test should be taken.
79(2)The Minister may make or authorize to be made with any foreign country or any political subdivision of a foreign country a reciprocal arrangement or agreement with respect to the mutual recognition and exchange of licences or any class of licence to provide that if
(a) a licence has been issued by that foreign country or political subdivision of the foreign country, and
(b) the licence is surrendered to the Registrar,
the holder of the licence may obtain a licence of an appropriate class without fee and without being required to take any test with respect to his or her driving ability unless the Registrar has reason to believe that a test should be taken.
79(3)An arrangement or agreement made pursuant to subsection (1) or (2) shall be made
(a) subject to the condition that no person is entitled to any exemption or privilege under the arrangement or agreement in respect of obtaining a licence in this Province unless the holder has complied with the law of his or her place of residence as to the obtaining of a valid licence, and
(b) subject to cancellation by the Minister.
1972, c.48, s.10; 2006, c.24, s.2
Exemptions
80(1)The following persons are exempt from licence hereunder:
(a) any person while operating a motor vehicle in the service of the Army, Navy or Air Force of Canada;
(b) any person while driving or operating a vehicle designed for and used in the construction, maintenance or repair of highways, other than a truck, while the vehicle is being so used at the actual site of the work on the highway;
(c) any person while driving or operating an implement of husbandry, other than a farm tractor, incidentally operated or moved on the highway;
(d) any person while driving or operating a motor vehicle at the time of and in the course of a driving test under the provisions of subsection 89(1).
80(2)A non-resident who is at least sixteen years of age and who has in his immediate possession a valid licence issued to him in his home province or country may operate a motor vehicle in the Province, subject to such conditions and restrictions as the Lieutenant-Governor in Council imposes by regulation.
80(3)The provisions of subsection (2) do not apply to
(a) a resident of any other province or country who resides or carries on business in New Brunswick for more than six consecutive months in any one year, or
(b) a non-resident driver who was formerly a resident of New Brunswick and whose licence was revoked and his driving privileges suspended in New Brunswick.
1955, c.13, s.71; 1958, c.19, s.3, 4; 1961-62, c.62, s.17; 1967, c.54, s.10; 1971, c.48, s.4; 1972, c.48, s.11, 12; 1978, c.39, s.4; 2002, c.32, s.9
Qualifications
81(1)The Registrar shall not issue any licence hereunder
(a) to any person who is under the age of sixteen years,
(b) to any person whose licence has been suspended, during the period of such suspension, nor to any person whose licence has been revoked,
(c) to any person who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to competency by the methods provided by law,
(d) to any person who is required by this Act to take an examination, unless such person shall have successfully passed such examination,
(e) to any person who is required under the provisions of the motor vehicle financial responsibility laws of this Province to deposit proof of financial responsibility and who has not deposited such proof, or
(f) to any person when the Registrar has reason to believe that the person, because of physical or mental impairment, disease or condition, would not be able to operate a motor vehicle with safety on the highways.
81(2)The Registrar shall not issue any class of licence to a person who as defined by regulation is not entitled to that class of licence.
1955, c.13, s.72; 1972, c.48, s.13; 1994, c.4, s.1
Licence for farm tractor
82(1)Notwithstanding any other provisions herein, but subject to regulations of the Lieutenant-Governor in Council, the Registrar may issue a restricted licence, which shall be of a distinctive class as defined by regulation, to a minor between the ages of fourteen and sixteen years that shall entitle the licensee to operate a farm tractor only on those parts of highways designated by the Registrar and appearing on the licence.
82(2)For the purpose of subsection (1), the Lieutenant-Governor in Council may make regulations
(a) prescribing the circumstances for which a licence may be issued, and
(b) prescribing the restrictions in any given case which shall be designated by the Registrar.
82(3)All provisions of this Act in respect of minors between the ages of sixteen and eighteen years, including applications, examinations and the obligations imposed upon the person signing the application of a minor, apply mutatis mutandis with respect to an application for the issuance of a restricted licence as provided for in subsection (1).
1960, c.53, s.10; 1972, c.48, s.14
Examinations
83(1)The Registrar upon issuing a licence shall indicate thereon the class of licence issued and shall appropriately examine or cause to be examined each applicant according to the class of licence applied for.
83(2)The Minister with the approval of the Lieutenant-Governor in Council may impose such rules and regulations classifying and regulating the use of the various classes of licences as he may consider necessary for the safety and welfare of the travelling public.
83(3)No person shall drive a school bus unless he holds a class of licence for that purpose and meets such conditions and has such qualifications as the Lieutenant-Governor in Council prescribes by regulation.
83(4)No person who holds a licence issued under section 301 shall drive any school bus transporting school children.
1955, c.13, s.73; 1970, c.34, s.5, 6; 1972, c.48, s.15
LEARNER’S LICENCES
1994, c.69, s.2
Learner’s licences
84(1)In this section
“accompanying driver” means a licensed driver referred to in paragraph 84(4)(a) or (b) or subparagraph 84(5)(a)(i) or (ii);(conducteur accompagnateur)
“stage one” means the period during which a novice driver is the holder of a stage one learner’s licence;(première étape)
“stage two” means the period during which a novice driver is the holder of a stage two learner’s licence.(deuxième étape)
84(2)A person who is at least sixteen years of age may apply to the Registrar for a learner’s licence and the Registrar may, after the applicant has successfully passed all parts of the examination required by section 89 other than the road test, issue to the applicant a stage one learner’s licence.
84(3)A learner’s licence shall, subject to this section, entitle the holder, while having possession of the licence, to drive a motor vehicle, other than a motorcycle or a motor driven cycle, upon a public highway for a period of two years.
84(4)A novice driver who, during stage one, operates or has care or control of a motor vehicle, whether in motion or not, does so subject to, and shall comply with, the following conditions:
(a) if the motor vehicle has accommodation for a passenger alongside the driver, the novice driver shall be accompanied by a licensed driver who is occupying a seat alongside the novice driver and who is the holder of a valid and subsisting licence, other than a learner’s licence, that authorizes the holder to operate that type of motor vehicle;
(b) if the motor vehicle does not have accommodation for a passenger alongside the driver, the novice driver shall be under the direct observation and supervision of a licensed driver who is occupying a seat inside the motor vehicle and who is the holder of a valid and subsisting licence, other than a learner’s licence, that authorizes the holder to operate that type of motor vehicle;
(c) no other person, other than a licensed driver referred to in paragraph (a) or (b), shall be in or on that motor vehicle;
(c.1) the novice driver shall not operate the motor vehicle between the hours of 12 midnight and 5 a.m.; and
(d) the novice driver shall not have consumed alcohol in such a quantity that the concentration in the novice driver’s blood exceeds zero milligrams of alcohol in one hundred millilitres of blood.
84(5)A novice driver who, during stage two, operates or has care or control of a motor vehicle, whether in motion or not, does so subject to, and shall comply with, the following conditions:
(a) if the novice driver is under the age of 21 years, the novice driver shall, subject to subsections (5.1) and (5.2), only operate a motor vehicle between 12 midnight and 5 a.m. in the following circumstances:
(i) if the motor vehicle has accommodation for a passenger alongside the driver, the novice driver is accompanied by a licensed driver who is occupying a seat alongside the novice driver and who is the holder of a valid and subsisting licence, other than a learner’s licence, that authorizes the holder to operate that type of motor vehicle;
(ii) if the motor vehicle does not have accommodation for a passenger alongside the driver, the novice driver is under the direct observation and supervision of a licensed driver who is occupying a seat inside the motor vehicle and who is the holder of a valid and subsisting licence, other than a learner’s licence, that authorizes the licensed driver to operate that type of motor vehicle;
(iii) no other person, other than a licensed driver referred to in subparagraph (i) or (ii), is in or on the motor vehicle;
(b) the novice driver shall not be accompanied by more than 3 passengers, only one of whom may occupy a seat alongside the novice driver; and
(c) the novice driver shall not have consumed alcohol in such a quantity that the concentration in the novice driver’s blood exceeds zero milligrams of alcohol in one hundred millilitres of blood.
84(5.1)The condition referred to in paragraph (5)(a) does not apply to a novice driver who is operating a motor vehicle between 12 midnight and 5 a.m. for educational or employment purposes.
84(5.2)The Registrar may, upon application and as soon as practicable after receiving the application, exempt a holder of a stage two learner’s licence, upon such terms and conditions as the Registrar considers appropriate, from the application of paragraph (5)(a) if the purpose for which the exemption is required is not a purpose referred to in subsection (5.1) and, in the opinion of the Registrar, is reasonable.
84(5.3)A person acting as an accompanying driver shall hold a valid driver’s licence issued under the provisions of this Act or by another jurisdiction for at least 3 years.
84(5.4)It is a defence to a charge against a novice driver under paragraph (4)(a), (b), (c) or (c.1) or subparagraph (5)(a)(i), (ii) or (iii) or paragraph (5)(b) if the novice driver can establish that an immediate threat to the novice drivers’s health or safety, or the health or safety of an occupant of the vehicle, existed or was likely to exist if paragraph (4)(a), (b), (c) or (c.1) or subparagraph (5)(a)(i), (ii) or (iii) or paragraph (5)(b), as the case may be, was complied with.
84(6)A novice driver is qualified to hold a stage two learner’s licence when
(a) the driver has held a stage one learner’s licence without interruption for the preceding 8 or more calendar months, has successfully passed a licensed driver training course during the previous 2 years and has successfully passed the required road test, or
(b) the driver has held a stage one learner’s licence without interruption for the preceding 12 or more calendar months and has successfully passed the required road test.
84(7)A novice driver who is qualified to hold a stage two learner’s licence may apply for one by presenting the driver’s stage one licence, along with documentary proof of having successfully passed a licensed driver training course, if applicable, to the Registrar, and the Registrar, if satisfied that the novice driver is fully qualified, may issue a stage two learner’s licence to the novice driver.
84(8)Subject to subsection (9), no person may apply for a driver’s licence unless the person
(a) has complied with all of the requirements of this Act, any rules or regulations imposed under subsection 83(2) and any other requirements or terms and conditions to be met respecting that licence that may be established under the regulations, and
(b) has been the holder of a learner’s licence without interruption for the preceding twenty-four or more calendar months, at least twelve of which were spent by the holder in stage two.
84(9)Paragraph (8)(b) does not apply to
(a) persons applying for a learner’s licence,
(b) persons applying for a licence authorizing the holder to drive only a farm tractor or only a motor-driven cycle and a farm tractor, or
(c) persons who are exempted or are members of a class of persons who are exempted by regulation from the application of paragraph (8)(b).
84(10)For the purposes of subsections (6) and (8), a period of time during which a novice driver is a licensed 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 driver would be required to hold a learner’s licence or to spend in stage one or stage two or both, 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)Notwithstanding any other provision of this Act or the regulations, if a person is convicted of an offence under section 253 or 254 of the Criminal Code (Canada), paragraph (4)(d) or (5)(c) or subsection 310.02(13) and if the offence was committed while the person was the holder of a learner’s licence, the Registrar shall revoke any licence that is held by the person at the time of conviction, and shall suspend the driving privilege of the person, whether or not the person holds a licence, for a period expiring upon 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(12)A person whose learner’s licence is revoked or whose driving privilege is suspended by operation of
(a) subsection (11) shall, if again applying for a learner’s licence, not be permitted to hold another learner’s licence until the person has successfully completed, and paid the fee prescribed by regulation for, the drinking driver re-education course approved by the Minister of Health and assigned to the person by the Registrar, and
(b) subsection (11), 298(4) or 300(1) or (2) shall, if again holding a learner’s licence, start anew at the beginning of stage one and fulfill all the requirements of this section before applying for a stage two learner’s licence and before applying for another driver’s licence in accordance with subsection (8).
84(12.01)A person whose licence, other than a learner’s licence, is revoked under subsection (11) shall not be permitted to hold another licence until
(a) the applicable period referred to in subsection (11) has expired, and
(b) the person has, subsequent to the revocation, successfully completed the drinking driver re-education course approved by the Minister of Health and assigned to the person by the Registrar, and paid the fee prescribed by regulation for the course.
84(12.1)Subsection 301.01(1) applies with the necessary modifications to a fee paid under paragraph (12)(a) or subsection (12.01).
84(13)A novice driver who starts anew under subsection (12) to fulfill the requirements of this section shall not receive credit
(a) under subsection (6) or paragraph (8)(b), for any time spent in stage one or stage two or as the holder of a Class 7 licence referred to in subsection 14 before starting anew, or
(b) under paragraph (6)(a), for any licensed driver training course passed before starting anew.
84(13.1)A driver’s licence that is valid on the day this subsection comes into force
(a) is subject to any conditions imposed on it under subsection 84(4) or (5), if the licence is a stage one or stage two learner’s licence, and
(b) is deemed to be subject to the restriction referred to in subsection 91(1.01), if the holder of the driver’s licence is under the age of 21 years.
84(14)On the commencement of this subsection, every subsisting Class 7 licence shall be deemed to be a stage one learner’s licence.
84(15)For the purposes of determining the period of time spent in stage one or as the holder of a learner’s licence by the holder of a Class 7 licence referred to in subsection (14), credit shall be given for the period of time during which the holder held that specific class 7 licence before the commencement of that subsection.
1955, c.13, s.74; 1961-62, c.62, s.18; 1964, c.43, s.3; 1967, c.54, s.11; 1968, c.38, s.7; 1972, c.48, s.16; 1994, c.4, s.2; 1994, c.31, s.7; 1994, c.69, s.3; 1998, c.30, s.8; 2000, c.26, s.193; 2002, c.32, s.10; 2006, c.16, s.113; 2008, c.33, s.2
Deeming provision respecting learner’s licences
84.01(1)For all purposes of this or any other Act and the regulations under this or any other Act, including, without restricting the foregoing, for the purposes of any prosecution or other proceeding under such an Act or regulation, in or on any licence, permit, notice or other document issued, renewed or given before, on or after the commencement of this section,
(a) a reference to “Graduated Licence” or “Graduated License” shall be deemed to be a reference to “Learner’s Licence”, a reference to “Graduated Licence 1” shall be deemed to be a reference to “Stage One Learner’s Licence” and a reference to “Graduated Licence 2” shall be deemed to be a reference to “Stage Two Learner’s Licence”,
(b) a reference to “Permis Gradué” or “permis progressif” shall be deemed to be a reference to “Permis d’apprenti”, a reference to “Permis Gradué 1” shall be deemed to be a reference to “Permis d’apprenti de la première étape” and a reference to “Permis Gradué 2” shall be deemed to be a reference to “Permis d’apprenti de la deuxième étape”,
(c) a reference to “Level 1” or “learner phase” shall be deemed to be a reference to “Stage One” and a reference to “Level 2” shall be deemed to be a reference to “Stage Two”,
(d) a reference to “Niveau 1” or “période d’apprentissage” shall be deemed to be a reference to “Première étape” and a reference to “Niveau 2” shall be deemed to be a reference to “Deuxième étape”,
(e) a reference to “new driver” shall be deemed to be a reference to “novice driver”,
(f) a reference to “nouveau conducteur” shall be deemed to be a reference to “conducteur-débutant”, and
(g) a reference to “graduated period” shall be deemed to be a reference to the minimum period of twenty-four calendar months during which a person is required to be the holder of a learner’s licence without interruption under paragraph 84(8)(b).
84.01(2)The deeming provisions in subsection (1) shall apply
(a) to words and terms that are the same as those referred to in subsection (1), other than that they lack accents, and
(b) where Roman numerals or Arabic number characters are used instead of words for numbers, as in this Act.
1999, c.26, s.1
Examiners and instructors
84.1(1)Notwithstanding subsection 84(4), more than one examiner may be in a motor vehicle, other than a motor driven cycle or a motorcycle, that is being operated by a person who is undergoing a road test.
84.1(2)Notwithstanding subsection 84(4), the Registrar may issue an instructor’s permit to persons approved by the Registrar as instructors, which permit may provide that two or more novice drivers may occupy a vehicle for instruction purposes when accompanied by the holder of the permit.
84.1(3)The Registrar may, in the Registrar’s discretion, revoke a permit issued under this section.
1994, c.69, s.4
Regulations
84.2The Lieutenant-Governor in Council may make regulations
(a) prescribing one or more licences that are learner’s licences for the purposes of section 84;
(b) Repealed: 1998, c.46, s.1
(c) Repealed: 1998, c.46, s.1
(d) respecting terms and conditions to be met by applicants for licences, permits or endorsements to be issued, given, renewed or reinstated and by the holders of licences, permits or endorsements;
(e) respecting persons or classes of persons who are exempted under paragraph 84(9)(c) from the application of paragraph 84(8)(b) and establishing conditions respecting such exemptions.
1994, c.69, s.4; 1998, c.46, s.1
LICENSING OF
DRIVER TRAINING COURSES
1998, c.46, s.2
Licensing of driver training courses
84.3(1)No person shall operate a business enterprise offering or providing to others a driver training course, whether the instruction in the course is given by the owner or by an employee of the business enterprise, unless the course is operated under the authority of a valid and subsisting driver training course licence issued in accordance with the regulations, in the location specified in the licence.
84.3(2)Any person who instructs another person or offers instruction to another person in the operation of a motor vehicle in exchange, directly or indirectly, for consideration, other than as an employee of a business operation referred to in subsection (1), shall be deemed to be operating a business enterprise referred to in subsection (1) and the instruction shall be deemed to be a driver training course referred to in subsection (1).
84.3(3)An applicant for the issuance, renewal or reinstatement of a driver training course licence, and any holder of such a licence on the commencement of this subsection, shall furnish to the Registrar and maintain a security bond for the sole purpose of compensating former, current or potential students of the course for losses of money, paid to or received by the operator or agent of the operator of the course for the purpose of paying for the course, that arise from failure of the business enterprise, misappropriation or wrongful conversion of the money or suspension or revocation of the operator’s driver training course licence.
84.3(4)One bond shall be furnished to the Registrar, and maintained, in the prescribed amount for each driver training course licence.
84.3(5)A bond shall not be cancelled, expire or lapse except after sixty days’ written notice has been given to the Registrar.
84.3(6)A bond shall be in the form approved by the Registrar and in an amount prescribed by the regulations.
84.3(7)For the purpose of bringing an action arising out of an act or omission occurring during the security term of a bond, the bond continues in force for two years after the end of the security term, and any action relating to any claim made in respect of the bond shall be brought within the two-year period.
1998, c.46, s.2
Regulations
84.4The Lieutenant-Governor in Council may make regulations
(a) respecting the establishment and operation of licensed driver training courses, including the keeping of records and the inspection of records, vehicles, facilities and premises, and including delegating to the Registrar the authority to establish standards or qualifications to be met respecting courses, instructors, vehicles, facilities and premises and to adopt standards or qualifications by reference for that purpose;
(b) respecting the expiry dates of and the issuance, renewal, suspension, revocation or reinstatement by the Registrar of driver training course licences;
(c) respecting terms and conditions to be met by applicants for the issuance, renewal or reinstatement of driver training course licences and by the holders of such licences;
(d) respecting the furnishing and maintenance of bonds, and the amount of bonds, under section 84.3;
(e) respecting classes of persons who are exempt from the requirement to furnish and maintain a bond under section 84.3;
(f) respecting the circumstances in which one driver training course licence may authorize the operation of driver training courses in more than one location.
1998, c.46, s.2
APPLICATIONS
Application for driver’s licence
85(1)Every application for a licence shall be made upon a form furnished by the Registrar, and every application shall be accompanied by the proper fee.
85(2)Every application shall state the full name, date of birth, sex, and resident address of the applicant, and briefly describe the applicant, and shall state whether the applicant has theretofore been licensed, and, if so, when and by what province or country, and whether any such licence has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for such suspension, revocation, or refusal and such other information as the Minister may require.
85(3)An application under this section shall, if the applicant is applying for the first time, include a copy of the applicant’s birth certificate, baptismal certificate or such other proof of age as is satisfactory to the Registrar.
1955, c.13, s.75; 1956, c.19, s.4; 1960, c.53, s.11, 12, 13; 1961-62, c.62, s.19; 1972, c.48, s.17
APPLICATIONS BY MINORS
Written consent
86(1)The application for any person under the age of 18 years for a licence or for an exemption referred to in subsection 84(5.2) shall be accompanied by a written consent signed
(a) by either the father or the mother of the applicant, if either is living and has custody of the applicant,
(b) in the event neither parent of the applicant is living or the applicant is in the custody of another person or guardian, by the person or guardian having custody of the applicant,
(c) in the event neither parent of the applicant is living and there is no other person or guardian having custody of the applicant, by an employer of the applicant, or
(d) in the event neither parent of the applicant is living, there is no other person or guardian having custody of the applicant and there is no employer of the applicant, by any other responsible person.
86(2)The signature of the person signing the consent must be witnessed by a person not related to the minor and the person giving the consent, nor otherwise interested in whether or not the minor obtains a licence.
1955, c.13, s.76; 1961-62, c.62, s.20; 1966, c.81, s.5; 1972, c.48, s.18; 1988, c.66, s.8; 2008, c.33, s.3
Request that licence be cancelled
87Any person who signs a consent as required under section 86 may thereafter file with the Registrar a written request that the licence issued to the minor or the exemption granted to the minor be cancelled and the Registrar shall cancel the licence or exemption, as the case may be.
1955, c.13, s.77; 1961-62, c.62, s.21; 1966, c.81, s.5; 1972, c.48, s.19; 2008, c.33, s.4
Cancellation of licence – death of person who gave consent
88(1)The Registrar upon receipt of satisfactory evidence of the death of the person who gave his consent pursuant to section 86, shall cancel the licence issued to the minor and shall not issue a new licence until such time as a new application and consent is submitted in accordance with section 86.
88(2)Subsection (1) does not apply in the event the minor has attained the age of eighteen years.
1955, c.13, s.78; 1966, c.81, s.5; 1972, c.48, s.20
EXAMINERS
Examinations
89(1)The Minister shall designate examiners who shall examine every applicant for a licence, except as otherwise provided in this section, and such examination shall include a test of the applicant’s eyesight, his ability to read and understand highway signs regulating, warning, and directing traffic, his knowledge of the traffic laws of the Province, and shall include an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle.
89(2)The Registrar shall make provision for giving an examination either in the county where the applicant resides or at a place adjacent thereto reasonably convenient to the applicant within thirty days of the date the application is received.
89(3)An applicant shall pay to an examiner for an examination or a re-examination a fee which the Lieutenant-Governor in Council may prescribe by regulation.
89(3.1)If a licensed driver is required under section 309 to submit to an examination under this section and does not pass all parts of the examination, the examiner may require the driver to surrender the driver’s licence to the examiner.
89(3.2)A driver required to surrender a driver’s licence under subsection (3.1) shall surrender it to the examiner immediately upon being requested to do so.
89(3.3)An examiner who has conducted an examination referred to in subsection (3.1) shall forthwith send to the Registrar
(a) the results of the examination, and
(b) any driver’s licence that has been surrendered to the examiner.
89(4)Without the consent of the Attorney General no action shall be brought against a person designated as an examiner under this Part in respect of the operation of a motor vehicle by an applicant for or the holder of a licence while being examined pursuant to this Act.
89(5)This section does not apply to a non-resident over the age of sixteen years who
(a) has been duly licensed under a law requiring the examination and licensing of all drivers
(i) in his home province, in Canada,
(ii) in his home state, in the United States of America, or
(iii) in the Canadian Armed Forces, in Europe.
(b) has in his immediate possession a valid licence issued to him in his home province or state,
(c) surrenders the licence to the Registrar, and
(d) pays to the Registrar the licence fee required under this Act.
1955, c.13, s.79; 1961-62, c.62, s.22; 1967, c.38, s.2; 1968, c.38, s.8, 9; 1969, c.55, s.4; 1972, c.48, s.1, 21; 1977, c.32, s.9; 1978, c.39, s.6; 1981, c.6, s.1; 1981, c.48, s.5; 1994, c.31, s.8
Licensing of instructors
90(1)In this section
“driving instructor” means a person who teaches other persons to operate motor vehicles and receives compensation for doing so.
90(2)No person shall act as a driving instructor without a licence of the class prescribed by regulation issued by the Registrar.
90(3)The Lieutenant-Governor in Council may make regulations respecting
(a) the licensing of driving instructors, and
(b) the teaching of persons to operate motor vehicles.
1972, c.48, s.22; 1994, c.31, s.9
Issuance of licences
91(1)Subject to subsection (1.01), the Registrar shall, upon payment of the required fee, issue to every qualified applicant a licence as applied for, which licence shall include
(a) a distinguishing number assigned to the licensee,
(b) the full name and residence address of the licensee,
(c) a brief description of the licence,
(d) subject to and in accordance with the regulations, a photograph of the licensee taken by equipment provided by the Minister,
(e) a facsimile of the signature of the licensee or a space for the licensee to write his or her usual signature, and
(f) such particulars as the Minister may require.
91(1.01)If the qualified applicant is under the age of 21 years, the Registrar shall, on issuing the licence, impose the restriction that a holder under the age of 21 years shall not operate or have care or control of a motor vehicle, whether in motion or not, if the holder has consumed alcohol in such a quantity that the concentration in his or her blood exceeds zero milligrams of alcohol in one hundred millilitres of blood.
91(1.02)Any person who, being the holder of a restricted licence under the provisions of subsection (1.01) or 78(5.1), drives a motor vehicle in contravention of the restriction imposed by the Registrar and set forth upon the licence, is guilty of an offence.
91(1.03)The Registrar may suspend or revoke the licence of any person convicted of an offence under subsection (1.02).
91(1.04)In any prosecution under subsection (1.02), a certificate purporting to be signed by the Registrar indicating that a person was authorized to drive a motor vehicle in the Province subject to the restriction referred to in subsection (1.01), and stating the restriction, is admissible in evidence and shall be, in the absence of evidence to the contrary, proof of the facts stated therein without proof of the signature or official character of the person by whom it purports to be signed.
91(1.1)A licensee shall write his or her usual signature with pen and ink in the space referred to in paragraph (1)(e) immediately upon receipt of the licence.
91(1.2)No licence is valid until the licensee has signed the licence or it bears a facsimile of the signature of the licensee as required by this section.
91(1.3)The Lieutenant-Governor in Council may make regulations
(a) respecting the circumstances in which the Registrar may issue a licence that does not bear the photograph of the licensee as required by paragraph (1)(d), and
(b) respecting any other matter in relation to photographs taken for a licence.
91(2)Repealed: 1994, c.4, s.3
1955, c.13, s.80; 1960, c.53, s.14; 1972, c.48, s.1; 1994, c.4, s.3; 2004, c.33, s.2; 2008, c.33, s.5
Possession of driver’s licence
92(1)Every person while operating a motor vehicle or farm tractor on a highway shall have his licence to operate a motor vehicle in his immediate possession, and shall upon the request of a peace officer forthwith present and deliver into the peace officer’s hands such licence for examination by the peace officer.
92(2)The provisions of subsection (1) do not apply to
(a) a person who, being the holder of a valid licence issued to him under the provisions of this Act, has forwarded such licence to the Registrar for the purpose of renewal or exchange, or
(b) a person who, by any provision of this Act, is permitted to operate a vehicle without a licence.
1955, c.13, s.81; 1956, c.19, s.5; 1959, c.23, s.5; 1960, c.53, s.15, 16; 1961-62, c.62, s.23; 1968, c.38, s.10; 1972, c.48, s.23
Restricted licence
93(1)The Registrar may, on issuing a licence, 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 licensee, including, but not limited to,
(a) restrictions suitable to the licensee’s driving ability, and
(b) restrictions with respect to the type of special mechanical control devices required on a motor vehicle that the licensee may operate.
93(1.1)Repealed: 1988, c.24, s.1
93(2)The Registrar may either issue a special restricted licence or may set forth such restriction upon the usual licence form.
93(3)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, is guilty of an offence.
93(4)The Registrar may suspend or revoke the licence of any person convicted of an offence under subsection (3).
93(5)In any prosecution under subsection (3) a certificate purporting to be signed by the Registrar that a person was authorized to drive a motor vehicle in the Province subject to a restriction or restrictions, and stating the restriction or restrictions, is admissible in evidence and shall be prima facie evidence of the facts stated therein without proof of the signature or official character of the person by whom it purports to be signed.
1955, c.13, s.82; 1961-62, c.62, s.24; 1972, c.48, s.1; 1981, c.48, s.6; 1988, c.24, s.1; 1994, c.4, s.4
Lost licence
94In the event that a licence issued under the provisions of this Act is lost or destroyed, the person to whom the same was issued may, upon payment of the required fee, obtain a duplicate or substitute thereof, upon furnishing proof satisfactory to the Registrar that such permit or licence has been lost or destroyed.
1955, c.13, s.83; 1972, c.48, s.24
Expiry date of licence
95(1)Subject to subsection (1.1), every licence shall state on the face of the licence the date on which it will expire, which date shall be
(a) the last day of the month specified by the applicant as his natal month, being not less than thirteen nor more than thirty-five months after the month of its issue, or
(b) such other date as may be specified by the Minister.
95(1.1)Every licence that does not bear the photograph of the licensee shall state on the face of the licence the date on which it will expire, which date shall be specified by the Registrar.
95(2)Every licence shall, subject to the other provisions of this Act, be valid until midnight on the date on which it is stated to expire.
95(3)Every such licence is renewable on its expiration, upon application and surrender of the existing licence and payment of the required fee, but the Registrar in his discretion may require an examination of the applicant as upon an original application.
95(4)The Registrar may extend the expiry date of an individual’s licence
(a) for a period of up to sixty days when it is apparent that such individual will, within sixty days from the date of application,
(i) cease to be resident within the Province, and
(ii) have his or her licence expire, or
(b) for a period of time that the Registrar considers appropriate, when the Registrar has issued a licence that does not bear the photograph of the licensee.
95(5)The individual shall make application for the extension mentioned in subsection (4) by forwarding to the Registrar his licence and details of his change of residence and such other information as the Registrar may from time to time require.
1955, c.13, s.84; 1958, c.19, s.5; 1961-62, c.62, s.25; 1971, c.48, s.5, 6; 1972, c.48, s.1, 25; 2004, c.33, s.3
Change of name or address
96When any person, after applying for or receiving a licence, moves from the address named in such application, or in the licence issued to him, or when the name of a licensee is changed by marriage or otherwise, such person shall within ten days thereafter notify the Registrar in writing of the change, giving his old and new addresses or such former and new names and the number of any licence then held by him.
1955, c.13, s.85; 1972, c.48, s.1
Medical Review Board
97The Minister may establish a medical review board
(a) to advise the Minister with respect to matters of health relating to the operation of motor vehicles and physical conditions that constitute a hazard to the general public,
(b) to inform the Minister of the qualified medical practitioners available to perform examinations of drivers and applicants for licences,
(c) to act in such other capacity as may be required by the Minister.
1972, c.48, s.26
RECORDS
Records
98(1)The Registrar shall file or cause to be filed every application for a licence and shall maintain suitable indexes containing, in alphabetical order
(a) all applications denied and on each thereof note the reasons for such denial,
(b) all applications granted,
(b.1) all exemptions granted under subsection 84(5.2) to the holders of a stage two learner’s licence, and
(c) the name of every licensee whose licence has been suspended or revoked by the Registrar and after each such name the reasons for such actions.
98(2)The Registrar shall also file or cause to be filed all accident reports and abstracts of court records of convictions received by him under the laws of the Province and in connection therewith maintain convenient records or make suitable notations in order that an individual record of each licensee showing the convictions of such licensee and the traffic accidents in which he has been involved is readily available for the consideration of the Registrar upon any application for renewal of licence and at other suitable times.
1955, c.13, s.86; 2008, c.33, s.6
OFFENCES RESPECTING LICENCES
Display of licence
99(1)It is an offence for any person
(a) to display or cause or permit to be displayed or have in his possession any cancelled, revoked, suspended, or fraudulently altered licence,
(b) to lend his licence to any other person or knowingly permit the use thereof by another,
(c) to display or represent as one’s own any licence not issued to him,
(d) to fail or refuse to surrender to the Registrar upon his lawful demand any licence that has been suspended, revoked, or cancelled,
(e) to use a false name or a name other than his own in any application for a licence or to knowingly make a false statement or to knowingly conceal a material fact in any application, or
(f) to permit any unlawful use of a licence issued to him.
99(2)In any prosecution for an offence under paragraph (1)(a),
(a) evidence that the person charged displayed or caused or permitted to be displayed or had in his possession, as the case may be, at the time of the alleged offence, a document that purported to be a licence issued to him, and
(b) a certificate of the Registrar or Acting Registrar that at the time of the alleged offence the licence, as the case may be, of the person was cancelled, revoked or suspended,
shall be prima facie evidence of the offence charged, and the burden of proving that he is not the person named or referred to in the certificate shall be upon the person charged.
99(3)In any prosecution for an offence under paragraph (1)(a), a document that purports to be a certificate of the Registrar or Acting Registrar shall be admissible in evidence without proof of the signature thereto.
1955, c.13, s.87; 1959, c.23, s.6; 1961-62, c.62, s.26; 1972, c.48, s.1
Driver under 18 years
100No person shall cause or knowingly permit his child or ward under the age of eighteen years to drive a motor vehicle or farm tractor upon any highway when such minor is not authorized hereunder or in violation of this Act.
1955, c.13, s.88; 1957, c.21, s.6
Unauthorized drivers
101No person shall authorize or knowingly permit a motor vehicle or farm tractor owned by him or under his control to be driven upon any highway by any person who is not authorized hereunder or in violation of this Act.
1955, c.13, s.89; 1958, c.19, s.6
Chauffeurs
102No person shall employ as a chauffeur of a motor vehicle any person who does not have a class of licence as defined by regulation that would allow him to operate a motor vehicle as a chauffeur.
1955, c.13, s.90; 1972, c.48, s.28
Renting a vehicle
103(1)No person shall rent a motor vehicle to any other person unless the latter person is duly licensed hereunder or, in the case of a non-resident, is duly licensed under the laws of the province or country of his residence.
103(2)No person shall rent a motor vehicle to another until he has inspected the licence of the person to whom the vehicle is to be rented and compared and verified the signature thereon with the signature of such person written in his presence.
103(3)Every person renting a motor vehicle to another shall keep a record of the registration number of the motor vehicle so rented, the name and address of the person to whom the vehicle is rented, the number of the licence of that latter person and the date and place when and where the licence was issued and such record shall be open to inspection by any peace officer.
1955, c.13, s.91; 1972, c.48, s.1, 29
IV
TRAFFIC RULES
Traffic rules
104No person shall wilfully fail or refuse to comply with any order or direction of a peace officer given in respect to the direction, control or regulation of traffic.
1955, c.13, s.92; 1961-62, c.62, s.27
Signal or request to stop
105Every driver of a vehicle shall, immediately upon being signalled or requested to stop by a peace officer, bring the vehicle to a stop and keep it at a stop until directed to proceed by a peace officer.
1972, c.48, s.30; 1975, c.86, s.2.1; 1994, c.31, s.10
Request for documentation
105.01(1)Notwithstanding paragraph 15(1)(d), a peace officer while on duty may request from the driver of a vehicle any documentation that the driver has in his or her possession that relates to the operation of the vehicle or any load being carried or towed by the vehicle.
105.01(2)A driver to whom a request has been made under subsection (1) shall forthwith present and deliver into the peace officer’s hands for inspection such documentation that he or she has in his or her possession and that has been requested by the peace officer.
2007, c.44, s.7
Offence re bringing vehicle to a stop
105.1(1)Every driver who, having been signalled or requested by a peace officer to bring his vehicle to a stop,
(a) fails to stop, and
(b) wilfully continues to avoid a peace officer who is recognizable as such and who is pursuing him
commits an offence.
105.1(2)Subject to subsection (2.1), when a person is convicted of an offence under subsection (1) the judge shall, in addition to any other penalty imposed, make an order revoking the licence and suspending the driving privilege of the person for a period of one to three years or, if the person does not hold a licence, suspending the person’s driving privilege for a period of one to three years, and the suspension shall be in addition to any other period for which the driving privilege is already suspended and consecutive thereto.
105.1(2.1)When a person is convicted of an offence under subsection (1), the judge shall not make an order revoking the licence and suspending the driving privilege of the person, or an order suspending the driving privilege of the person, unless the prosecutor satisfies the judge that the person, before entering a plea, was notified of all penalties that could be incurred as a consequence of conviction including revocation of licence and suspension of driving privilege.
105.1(2.2)A person may be notified under subsection (2.1) by serving the person with a notice in the form prescribed by regulation and the notice may be served and service of the notice may be proved in accordance with the Provincial Offences Procedure Act.
105.1(3)A revocation and suspension or a suspension ordered under subsection (2) shall commence on conviction and the judge shall
(a) if the convicted person is present in court, require the surrender to the judge of all licences held by the person under this Act, and
(b) forward to the Registrar a record of the conviction, revocation and suspension, or of the conviction and suspension, together with any licences surrendered to the judge under paragraph (a).
105.1(3.1)Upon receipt of a record referred to in paragraph (3)(b), the Registrar shall
(a) give the convicted person written notice of the revocation and suspension or of the suspension, and
(b) if the Registrar has not received all licences of the person under paragraph (3)(b), give the person written notice requiring the surrender to the Registrar of all licences held by the person under this Act.
105.1(3.2)Any person who receives notice from the Registrar under paragraph (3.1)(b) shall immediately comply with the notice.
105.1(4)Where an order is made under subsection (2) imposing a revocation and suspension, or a suspension, that is longer than one year in duration, an appeal may be taken from the order in respect of the period of revocation or suspension that exceeds one year in the same manner as an appeal may be taken from a conviction or acquittal in respect of an offence under this Act.
105.1(5)When an appeal is taken from an order under subsection (2), the court being appealed to may direct that the order being appealed from shall be stayed pending the final disposition of the appeal or until otherwise ordered by that court.
105.1(6)In this section “driving privilege” has the same meaning as it has in section 294.
105.1(7)Repealed: 1988, c.24, s.2
105.1(8)The Lieutenant-Governor in Council may by regulation prescribe a form for the purposes of subsection (2.2).
1985, c.34, s.11; 1987, c.38, s.5; 1988, c.24, s.2; 1990, c.22, s.33; 1990, c.61, s.84; 1998, c.30, s.9
Offence under section 105
105.2Where in a prosecution for an offence under section 105.1 the offence is not proven but evidence is adduced of facts which would constitute an offence under section 105, the alleged violator may be convicted of an offence under section 105 notwithstanding that he was not charged with committing an offence thereunder.
1985, c.34, s.11
Application
106Unless specifically made applicable, this Part does not apply to persons, teams, motor vehicles, and other equipment while actually engaged in work upon the surface of a highway at the actual site of such work, but does apply to such persons and vehicles when travelling to or from such work.
1955, c.13, s.93; 1958, c.19, s.7
Carrying passengers
107No person shall operate a motor vehicle on a highway with a person riding on a portion of the motor vehicle that is not designed or normally used for carrying passengers unless
(a) the motor vehicle is used in a parade that is approved by an appropriate governmental authority,
(b) the motor vehicle is transporting persons who are working while being transported on the motor vehicle, or
(c) the motor vehicle is transporting persons to or from a worksite.
1958, c.19, s.8; 1961-62, c.62, s.28; 1977, c.32, s.10; 1991, c.61, s.2
Idem
108No person shall ride on a portion of a motor vehicle that is not designed or normally used for carrying passengers unless
(a) the person is taking part in a parade that is approved by an appropriate governmental authority,
(b) the person is working while being transported on the motor vehicle, or
(c) the person is being transported to or from a worksite.
1958, c.19, s.8; 1961-62, c.62, s.28; 1991, c.61, s.3
Noise
109No driver or person in control or charge of a motor vehicle shall cause the tires of such vehicle to squeal or make any other unnecessary or unreasonable noise.
1970, c.34, s.7
EMERGENCY VEHICLES
Emergency vehicles
110(1)The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions herein stated.
110(2)The driver of an authorized emergency vehicle may
(a) park or stand, irrespective of the provisions of this Act,
(b) proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation,
(c) exceed the speed limits so long as he does not endanger life or property, and
(d) disregard regulations governing direction of movement or turning in specified directions.
110(3)Subject to subsections (3.1) and (3.2), the privileges set forth in this section apply only when the driver of the authorized emergency vehicle sounds a bell, siren or exhaust whistle while the vehicle is in motion and when the vehicle is equipped with at least one lighted lamp displaying a flashing red light visible under normal atmospheric conditions from a distance of one hundred fifty metres to the front of the vehicle.
110(3.1)An authorized emergency vehicle operated as a police vehicle by a peace officer is not required to be equipped with a lighted lamp displaying a flashing red light or display a red light visible from in front of the vehicle and the peace officer when following a suspected violator of the law is not required to sound a bell, siren or exhaust whistle.
110(3.2)The driver of an ambulance is required to sound a bell, siren or exhaust whistle only when the ambulance is approaching a vehicle, a pedestrian or an intersection.
110(4)This section does not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons and property.
1955, c.13, s.94; 1957, c.21, s.7; 1959, c.23, s.6A; 1961-62, c.62, s.29; 1977, c.M-11.1, s.17; 1993, c.5, s.2
Search and rescue organization
110.1(1)The Minister may authorize a search and rescue organization to operate motor vehicles as authorized emergency vehicles under this Act.
110.1(2)At the time an authorization is given under this section or at any later time, the Minister may place conditions on the authorization.
110.1(3)The Minister may revoke or suspend an authorization given under this section.
1993, c.5, s.3
ANIMAL-DRAWN VEHICLES
Animal-drawn vehicles
111Every person riding an animal or driving any animal-drawn vehicle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this Act; except those provisions of this Act that by their very nature can have no application.
1955, c.13, s.95
APPLICATION OF ACT
Application of Act
112Notwithstanding any other Act of the Legislature, this Act applies uniformly throughout the Province and local authorities, with respect to the subject matter of this Act, shall be limited in their powers by the provisions of this Act.
1955, c.13, s.96; 1961-62, c.62, s.30
POWERS OF LOCAL AUTHORITIES
By-laws
113(1)A local authority may make by-laws as expressly authorized herein and in addition to the provisions of this Act, but not in conflict therewith, for:
(a) regulating the standing or parking of vehicles;
(a.01) exempting any person or class of persons or any vehicle or class of vehicles from any by-law made under paragraph (a) and providing for permits to be issued to those persons exempted or for those vehicles exempted;
(a.1) establishing or regulating the use of locations reserved for parking for disabled persons;
(b) regulating traffic by means of police officers or traffic-control signals;
(b.1) regulating the control of traffic and the use of highways by commercial vehicles;
(c) regulating or prohibiting processions or assemblages on the highways;
(d) designating particular highways as one-way highways and requiring that all vehicles thereon be moved in one specific direction;
(e) regulating the speed of vehicles in public parks;
(f) designating any highway or portion thereof as a through highway;
(g) regulating the operation of bicycles and requiring the registration and licensing of same, including the requirement of a registration fee;
(h) regulating or prohibiting the turning of vehicles or specified types of vehicles at intersections;
(i) adopting such other traffic regulations as are deemed advisable and are approved by the Registrar.
113(1.1)Notwithstanding subsection (1), a local authority shall not make a by-law under subsection (1) which duplicates or substantially duplicates any provision of this Act or the regulations, and any such by-law if made shall be invalid.
113(2)No provision of a by-law of a local authority affecting the use of a provincial highway is valid or effective until the local authority has applied for and obtained from the Registrar written notice of the Registrar’s approval of the by-law.
113(3)No provision of a by-law of the Saint John Harbour Bridge Authority with respect to the regulation of traffic on the Saint John Harbour Bridge and approaches thereto is valid or effective until approved by the Lieutenant-Governor in Council.
113(4)No provision of a by-law of a local authority is effective until a traffic control device giving notice of the local traffic regulation is placed upon or at the entrance to the highway or portion thereof affected.
113(5)Subsection (4) does not apply to provisions of by-laws of a local authority prohibiting parking between the hours of midnight and seven o’clock in the forenoon for the purpose of snow removal.
113(6)A local authority may, by the imposition of penalties not exceeding one hundred and twenty-five dollars for each offence, enforce by-laws enacted under the authority of the Act.
113(7)Repealed: 1990, c.62, s.1
113(8)Repealed: 1990, c.62, s.1
113(9)Repealed: 1990, c.62, s.1
1955, c.13, s.97; 1957, c.21, s.8; 1959, c.23, s.6B; 1960, c.53, s.18; 1961-62, c.62, s.31; 1966, c.81, s.6; 1970, c.34, s.8; 1972, c.48, s.31; 1977, c.32, s.11; 1978, c.39, s.10; 1980, c.34, s.8; 1981, c.48, s.7; 1984, c.51, s.1; 1990, c.22, s.33; 1990, c.62, s.1; 1994, c.31, s.11; 1994, c.87, s.2; 1996, c.43, s.9; 2002, c.32, s.11; 2003, c.17, s.1; 2006, c.13, s.4
Interpretation
114Nothing in this Act shall be construed to prevent the owner of real property used by the public for purposes of vehicular travel by permission of the owner and not as matter of right from prohibiting such use, or from requiring other or different or additional conditions than those specified in this Act.
1955, c.13, s.98
TRAFFIC CONTROL DEVICES
Uniformity
115The Minister of Transportation and Infrastructure shall adopt a manual and specifications for a uniform system of traffic control devices for use upon highways within the Province and shall provide the manual and specifications to local authorities for their use.
1955, c.13, s.99; 1960, c.53, s.19; 1978, c.D-11.2, s.26; 2006, c.13, s.5; 2010, c.31, s.85
Placement and maintenance
116(1)The Minister of Transportation and Infrastructure and local authorities shall, in conformity with any specifications provided by the Minister of Transportation and Infrastructure, cause traffic control devices to be placed and maintained near or on the highways for the purpose of carrying out the provisions of this Act, the regulations or local by-laws.
116(2)The Minister of Transportation and Infrastructure may, in writing, authorize a local authority to place and maintain traffic control devices near or on provincial highways within the jurisdiction of the local authority.
116(2.1)In the written authorization referred to in subsection (2), the Minister of Transportation and Infrastructure may specify any term and condition that he or she considers appropriate.
116(3)In a prosecution for contravening this Act or the regulations or a local by-law, the existence of a traffic control device is prima facie proof that the device was properly placed and maintained by the proper authorities, without other or further proof thereof.
1955, c.13, s.100; 1960, c.53, s.19; 1968, c.38, s.10A; 1972, c.48, s.32, 33; 1978, c.D-11.2, s.26; 1995, c.N-5.11, s.44; 2006, c.13, s.6; 2010, c.31, s.85
Driver’s duties
117(1)The driver of a vehicle on a highway shall obey the directions showing on a traffic control device placed near or upon the highway.
117(2)When any provision of the Act, or a regulation thereunder or of a local by-law, requires that a sign or signs be erected giving notice of any traffic regulation, such provision shall not be enforced against an alleged violator thereof unless such traffic control devices as are required or contemplated thereby
(a) have been erected on or near the highway,
(b) are so erected at the time of the alleged offence, and
(c) are in a position to be sufficiently legible to an ordinary observant driver of a vehicle on the highway affected thereby.
117(3)Where the driver of a motor vehicle is subject to the directions of a traffic control device, he shall not drive the motor vehicle off the roadway in order to avoid the directions.
1955, c.13, s.101; 1956, c.19, s.6; 1960, c.53, s.19; 1961-62, c.62, s.32; 1968, c.38, s.10A; 1969, c.55, s.5; 1972, c.48, s.34, 35; 1973, c.59, s.1
Disfunction of traffic control devices
117.1The driver of a vehicle approaching an intersection where a traffic control device is not functioning properly or is not discernable because it has been damaged or defaced shall, unless otherwise directed by a peace officer, proceed through the intersection in accordance with the rules set out in sections 165 and 166.
1987, c.38, s.6
Traffic control by peace officer
118The driver of a vehicle shall obey the direction of and proceed as and when directed by a peace officer engaged in directing traffic, notwithstanding the presence on or near the highway of any traffic control device or signal directing otherwise.
1961-62, c.62, s.33
Traffic control signals
119(1)Except when otherwise directed by a peace officer, drivers and pedestrians shall obey the instructions exhibited by a traffic control signal exhibiting the words “Go”, “Passez”, “Caution”, “Attention”, or “Stop”, “Arrêt”, or exhibiting different coloured lights successively, one at a time or in combination or with arrows, in accordance with the following provisions:
(a) green alone or “Go”, “Passez”,
(i) the driver of a vehicle facing the signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn, but shall yield the right-of-way to other vehicles or to pedestrians lawfully within the intersection or on an adjacent cross walk at the time such signal is exhibited, and
(ii) a pedestrian facing the signal may proceed across the roadway within any marked or unmarked cross walk;
(b) yellow or amber alone or “Caution”, “Attention”, when shown immediately following the green or “Go”, “Passez”, signal,
(i) the driver of a vehicle facing the signal is thereby warned that the red or “Stop”, “Arrêt”, signal will be exhibited immediately thereafter, and such driver shall not enter the intersection unless he is so close thereto that it is impossible to stop before so entering, and
(ii) a pedestrian facing the signal is thereby warned that there is insufficient time to cross the roadway in safety, and if he starts to cross he shall yield the right-of-way to all vehicles;
(c) red alone or “Stop”, “Arrêt”,
(i) subject to the other provisions of this paragraph, the driver of a vehicle that is approaching an intersection and facing the signal shall bring his vehicle to a full stop at a clearly marked Stop line, or if none, then immediately before entering the crosswalk on the near side of the intersection, or if none, then immediately before entering the intersection, and shall not enter the intersection until the green alone or “Go”, “Passez”, signal is exhibited, but the driver may cautiously enter the intersection for the purpose of making a right turn after bringing his vehicle to a full stop, and shall yield the right-of-way to pedestrians lawfully within a crosswalk and to other traffic lawfully using the intersection, and
(ii) no pedestrian facing such signal shall enter the roadway unless he can do so safely and without interfering with any vehicular traffic;
(d) yellow or amber in conjunction with a red light,
(i) the driver of a vehicle facing such signal shall stop and leave his vehicle standing as required by subparagraph (c)(i),
(ii) a pedestrian may proceed across the intersection in any direction;
(e) a green arrow or a green arrow in conjunction with a red light,
(i) the driver of a vehicle facing such signal may enter the intersection to make the movement indicated by such arrow, but shall yield the right-of-way to pedestrians lawfully within a cross walk and to other traffic lawfully using the intersection, and
(ii) no pedestrian facing such signal shall enter the roadway unless he can do so safely and without interfering with any vehicular traffic.
119(2)Where a traffic control signal is erected and maintained at a place other than an intersection, the provisions of subsection (1) apply and drivers and pedestrians shall obey the instructions exhibited thereby; but a driver, when required to stop his vehicle, shall stop at a clearly marked stop line, or if none, then at or opposite the signal.
119(3)Notwithstanding subparagraph (1)(c)(i), the Minister of Transportation and Infrastructure and local authorities may cause traffic control devices to be erected prohibiting a right turn on a red alone or “Stop”, “Arrêt”, signal and when such traffic control devices are erected no person shall make a right turn when a traffic control signal exhibits a red alone or “Stop”, “Arrêt”, signal.
1955, c.13, s.103; 1961-62, c.62, s.34; 1972, c.48, s.36, 37; 1978, c.D-11.2, s.26; 2006, c.13, s.7; 2010, c.31, s.85
Idem
120Whenever special pedestrian-control signals, exhibiting the words “Walk”, “Passez”, “Don’t Walk”, “Ne passez pas”, or “Wait”, “Attendez”, are in place such signals shall indicate as follows:
(a) “Walk”, “Passez”, — pedestrians facing such signal may proceed across the roadway in the direction of the signal and shall be given the right-of-way by the drivers of all vehicles, and
(b) “Don’t Walk”, “Ne passez pas”, or “Wait”, “Attendez”, — no pedestrian shall start to cross the roadway in the direction of such signal, but any pedestrian who has partially completed his crossing on the walk signal shall proceed to a sidewalk or safety island while the wait signal is showing.
1955, c.13, s.104; 1961-62, c.62, s.35
Pedestrian control signals
121(1)Pedestrians shall obey the directions indicated by any special pedestrian control signals that exhibit any symbol prescribed by regulation.
121(2)For purposes of subsection (1), the Lieutenant-Governor in Council may adopt by reference a form of pedestrian control device that is contained in such publication as the regulation prescribes.
1972, c.48, s.38
Flashing red or yellow light
122(1)Whenever an illuminated intermittently flashing red light is exhibited in a traffic control signal at an intersection, such signal shall be treated as and have the effect of a stop sign, and the driver of a vehicle facing such signal shall stop as required by subsection 186(3) and shall yield the right-of-way to other vehicles or to pedestrians as required by paragraph 167(a).
122(2)Whenever an illuminated intermittently flashing yellow or amber light is exhibited in a traffic control signal at an intersection the driver of a vehicle facing such signal may proceed through the intersection or past such signal only with caution.
1955, c.13, s.105; 1961-62, c.62, s.36; 1966, c.81, s.7
Commercial signs on highways
123(1)No person shall place, maintain, or display upon or in view of any highway any unauthorized sign, signal, marking, or device which purports to be or is an imitation of or resembles so closely as to likely to be confused with an official traffic-control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view, or interferes with the effectiveness of, any official traffic-control device or any railroad sign or signal.
123(2)No person shall place or maintain nor shall any public authority permit upon any highway any traffic sign or signal bearing thereon any commercial advertising.
123(3)This section shall not be deemed to prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official signs.
123(4)Every sign, signal, or marking prohibited by this section is hereby declared to be a public nuisance and the authority having jurisdiction over the highway is hereby empowered to remove the same or cause it to be removed without notice.
123(5)Nothing in this section applies to any traffic or warning sign placed by the workers of any telephone or telegraph company, electric railway or other electric company, or steam railway, oil, gas, water or public service company, in pursuance of powers conferred by any Act of the Legislature.
1955, c.13, s.106; 1965, c.29, s.6
Offences respecting highway signs
124No person shall without lawful authority attempt to or in fact alter, deface, injure, knock down, or remove any official traffic-control device or any railroad sign or signal or any inscription, shield, or insignia thereon, or any other part thereof.
1955, c.13, s.107
ACCIDENTS
Duty to remain at scene
125The driver of any vehicle involved in an accident resulting in injury to or death of any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of section 127, and every such stop shall be made without obstructing traffic more than is necessary.
1955, c.13, s.108
Idem
126The driver of any vehicle involved in an accident resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall forthwith return to and in every event shall remain at the scene of such accident until he has fulfilled the requirements of section 127, and every such stop shall be made without obstructing traffic more than is necessary.
1955, c.13, s.109
Duty to give information and assistance
127The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle that is driven or attended by any person shall give his name, address, and the registration number of the vehicle he is driving and shall upon request and if available exhibit his licence to the person struck, or the driver or occupant of, or person attending any vehicle collided with, and shall render to any person injured in such accident reasonable assistance, including the carrying or the making of arrangements for the carrying of such person to a physician, surgeon, or hospital facility for medical or surgical treatment if it is apparent that such treatment is necessary or if such carrying is requested by the injured person.
1955, c.13, s.110; 1972, c.48, s.1; 1992, c.52, s.20
Collision with unattended vehicle
128The driver of any vehicle that collides with any vehicle that is unattended shall immediately stop and shall then and there either locate and notify the driver or owner of such vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle or, if unable to locate him, shall leave in a conspicuous place in or on the vehicle struck a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking and a statement of the circumstances thereof.
1955, c.13, s.111; 1961-62, c.62, s.37; 1973, c.59, s.1
Damage to property
129The driver of any vehicle involved in an accident resulting only in damage to fixtures or other property legally upon or adjacent to a highway shall take reasonable steps to locate and notify the owner or person in charge of such property of such fact and of his name and address and of the registration number of the vehicle he is driving and shall upon request and if available exhibit his licence and shall make a report of such accident when and as required in section 130.
1955, c.13, s.112; 1972, c.48, s.1
REPORTING OF ACCIDENTS
Duty to notify, make accident report
130(1)The driver of a vehicle involved in an accident resulting in injury to or death of any person or total property damage to an apparent extent of one thousand dollars or more shall immediately by the quickest means of communication available to the driver give notice of such accident and his name and address and the name and address of the owner of the vehicle to the local police department, if such accident occurred within the limits of a municipality or region as defined in the Police Act, otherwise to the Royal Canadian Mounted Police, and, upon the request of a member of the local police department or of the Royal Canadian Mounted Police, shall make an accident report giving all the information required by the registrar on the form for accident reports as provided for by section 133 whether by completing the form himself or by verbally supplying the information required therein.
130(2)On the hearing of an information charging a failure to comply with a provision of subsection (1), a document that purports to be a certificate of a person in charge of the police department or office of the Royal Canadian Mounted Police to which the notice was required to be given to the effect that no notice in the manner or within the time required was given to the department or office, as the case may be, by a person by the name of the person charged shall be admissible in evidence without proof of the signature and shall be prima facie proof that the person charged failed to comply with the provisions as charged.
1955, c.13, s.113; 1959, c.23, s.7; 1960, c.53, s.20; 1961-62, c.62, s.38; 1965, c.29, s.7; 1967, c.54, s.12; 1969, c.55, s.6; 1970, c.34, s.9; 1977, c.32, s.12; 1980, c.34, s.9; 1981, c.59, s.32; 1986, c.56, s.6; 1988, c.67, s.6; 1993, c.5, s.4
Reports to Registrar
131(1)The Registrar may require any driver of a vehicle involved in an accident to which report must be made as provided in section 130 to file supplemental reports whenever the original report is insufficient in the opinion of the Registrar and may require witnesses of accidents to render reports to the Registrar and any person failing to file or render any such report when required so to do by the Registrar is guilty of an offence.
131(2)Every law enforcement officer who investigates a motor vehicle accident, of which report must be made as required in section 130, either at the time of and at the scene of the accident or thereafter by interviewing participants or witnesses shall, within twenty-four hours after the occurrence of such accident, forward a written report of such accident to the Registrar.
1955, c.13, s.114; 1961-62, c.62, s.39
Driver physically incapable
132When a driver of a vehicle is physically incapable of giving notice of an accident or making a report thereof as required in section 130, and there was another occupant in the vehicle at the time of the accident capable of giving such report, such occupant shall give the notice and make the report required to be made by the driver.
1955, c.13, s.115; 1961-62, c.62, s.40
Forms for accident reports
133(1)The Registrar shall prepare and upon request supply to police departments, sheriffs, garages, and other suitable agencies or individuals, forms for accident reports required hereunder, and such reports shall call for sufficiently detailed information to disclose, with reference to a traffic accident, the cause, conditions then existing, and the persons and vehicles involved.
133(2)Every accident report required to be made in writing shall be made on the appropriate form supplied by the Registrar and shall contain all of the information required therein unless such information is not available.
133(3)Subject to section 137, the Registrar, or any law enforcement officer who has forwarded a report to the Registrar under section 131, may cause certain factual information on accident report forms to be made available to the persons involved in the accident, their insurers or the authorized agents of the insurers, any other person having an interest or claim recognized by law arising out of the accident, and the solicitors of such persons.
133(4)The Registrar may prescribe forms and fees with respect to the provision of information mentioned in subsection (3).
1955, c.13, s.116; 1973, c.59, s.6; 1986, c.56, s.7
Failure to make accident report, false statement in report
134(1)The Registrar shall suspend the motor vehicle privilege and any non-resident operating privileges of any person failing to make an accident report as required by section 130 until such report has been made.
134(2)Any person who knowingly makes any false statement in any report made pursuant to section 130, 131 or 132 is guilty of an offence.
1955, c.13, s.117; 1960, c.53, s.21; 1961-62, c.62, s.41
Report to Chief Coroner
135The Chief Coroner shall on or before the tenth day of each month report in writing to the Registrar the death of any person within the Province during the preceding calendar month as the result of a traffic accident giving the time and place of the accident and the circumstances relating thereto.
1955, c.13, s.118
Report of person in charge of garage or repair shop
136The person in charge of any garage or repair shop to which is brought any motor vehicle that shows evidence of having been involved in a serious accident or of having been struck by any bullet, shall report to the Registrar or the Royal Canadian Mounted Police within twenty-four hours after such motor vehicle is received, giving the serial number, registration number, and the name and address of the owner or driver of such vehicle.
1955, c.13, s.119; 1973, c.59, s.1
Reports made without prejudice
137(1)All accident reports made to peace officers or the Registrar by persons involved in accidents or by garages shall be without prejudice to the individual so reporting and shall not be admissible in evidence in any court in the Province in any civil proceeding, or any prosecution under an Act of the Legislature except for an alleged violation of subsection 134(2).
137(2)Notwithstanding subsection (1) the Registrar may furnish upon demand of any person who has, or claims to have, made such a report, or upon demand of any court, a certificate showing that a specified accident report has or has not been made to the Division solely to prove a compliance or a failure to comply with this Act.
1955, c.13, s.120; 1960, c.53, s.22; 1961-62, c.62, s.42; 1964, c.43, s.4; 1973, c.59, s.7; 1982, c.3, s.47
Statistical information
138The Registrar shall tabulate and may analyze all accident reports and shall publish annually, or at more frequent intervals, statistical information based thereon as to the number and circumstances of traffic accidents.
1955, c.13, s.121
By-law of local authority
139Any local authority may by by-law require that the driver of a vehicle involved in an accident file with a designated department thereof a copy of any report herein required to be filed with the Registrar and all such reports shall be for the confidential use of that department and subject to the provisions of section 137.
1955, c.13, s.122
RULES RESPECTING SPEED
Maximum speed
140(1)Except as otherwise expressly provided in the Act and subject to subsections 140.1(1) and 142.01(1), no person shall drive a vehicle on a highway at a speed in excess of
(a) fifty kilometres per hour in an urban district,
(b) the speed limit prescribed in accordance with the provisions of section 141, or
(c) eighty kilometres per hour in other locations where the speed limit is not otherwise posted.
140(1.1)Any person who violates the provisions of subsection (1)
(a) by driving at a speed of twenty-five kilometres per hour or less in excess of a speed limit referred to in that subsection commits an offence,
(b) by driving at a speed of more than twenty-five kilometres per hour but not more than fifty kilometres per hour in excess of a speed limit referred to in that subsection commits an offence, or
(c) by driving at a speed of more than fifty kilometres per hour in excess of a speed limit referred to in that subsection commits an offence.
140(1.2)Where in a prosecution for an offence under paragraph (1.1)(b) the offence is not proven but evidence is adduced of facts which would constitute an offence under paragraph (1.1)(a), the alleged violator may be convicted of an offence under paragraph (1.1)(a) notwithstanding that he was not charged with committing an offence thereunder.
140(2)No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.
1955, c.13, s.123; 1956, c.19, s.7, 8; 1959, c.23, s.8; 1960, c.53, s.23; 1961-62, c.62, s.43; 1971, c.48, s.7; 1973, c.59, s.8; 1977, c.M-11.1, s.17; 1977, c.32, s.13; 1981, c.48, s.8; 1983, c.52, s.12; 1990, c.61, s.84; 1996, c.79, s.6; 2001, c.30, s.3; 2007, c.44, s.8
Rules respecting speed
140.1(1)No person shall drive a vehicle in a school zone during the hours of 7:30 a.m. to 4:00 p.m., on the days during which a public school or private school in the vicinity of that school zone is in session, at a speed in excess of
(a) fifty kilometres per hour in an urban district,
(b) the speed limit prescribed in accordance with the provisions of subsection (2) or subsection 142(2), or
(c) eighty kilometres per hour in other locations where the speed limit is not otherwise posted.
140.1(2)The Minister of Transportation and Infrastructure may designate parts of highways that are in the vicinity of public or private schools to be designated as school zones and may prescribe for such parts a lower rate of maximum speed than the rate of speed prescribed in subsection (1) for such highways, and such rate of speed shall be in effect during the hours of 7:30 a.m. to 4:00 p.m. on the days during which a public school or private school in the vicinity of that school zone is in session.
140.1(3)The Minister of Transportation and Infrastructure shall erect signs on those parts of highways that are designated as school zones to mark each school zone.
140.1(4)A part of a highway that has been designated as a school zone shall be marked at the commencement and at the end of the zone with signs facing approaching traffic.
140.1(5)Any person who violates the provisions of subsection (1)
(a) by driving at a speed of twenty-five kilometres per hour or less in excess of a speed limit referred to in that subsection commits an offence,
(b) by driving at a speed of more than twenty-five kilometres per hour but not more than fifty kilometres per hour in excess of a speed limit referred to in that subsection commits an offence, or
(c) by driving at a speed of more than fifty kilometres per hour in excess of a speed limit referred to in that subsection commits an offence.
140.1(6)Where in a prosecution for an offence under paragraph (5)(b) the offence is not proven but evidence is adduced of facts which would constitute an offence under paragraph (5)(a), the alleged violator may be convicted of an offence under paragraph (5)(a) notwithstanding that he was not charged with committing an offence thereunder.
140.1(7)Notwithstanding section 51 or subsection 56(3), (5) or (8) of the Provincial Offences Procedure Act, where a person is convicted of an offence under paragraph (5)(a), (b) or (c), the minimum fine shall be double the minimum fine specified in the Provincial Offences Procedure Act for that category of offence.
1977, c.32, s.14; 1978, c.D-11.2, s.26; 2006, c.13, s.8; 2007, c.44, s.9; 2010, c.31, s.85
Rules respecting speed
141Subject to subsection 140.1(2), the Minister of Transportation and Infrastructure may prescribe a higher or lower rate of maximum speed than the rate of speed prescribed in section 140 for
(a) any highway or part of a highway, or
(b) any class or classes of motor vehicles,
and such rate of speed may be different for any period or periods of the day or night.
1955, c.13, s.124; 1956, c.19, s.9; 1959, c.23, s.9; 1961-62, c.62, s.44; 1978, c.D-11.2, s.26; 2006, c.13, s.9; 2007, c.44, s.10; 2010, c.31, s.85
Rules respecting speed
142(1)Subject to subsection (5), a local authority may, by by-law, prescribe a higher or lower rate of maximum speed than the rate of speed prescribed in paragraph 140(1)(a) for any highway or part of a highway within its bounds or jurisdiction, other than for a school zone or a construction zone, and such rate of speed may be different for any period or periods of the day or night.
142(2)Subject to subsection (5), a local authority may, by by-law, designate parts of highways within its bounds or jurisdiction that are in the vicinity of public or private schools to be designated as school zones, and may prescribe for such parts a lower rate of maximum speed than the rate of speed prescribed in paragraph 140.1(1)(a) for such highways and such rate of speed shall be in effect during the hours of 7:30 a.m. to 4:00 p.m. on the days during which a public school or private school in the vicinity of that school zone is in session.
142(3)A local authority shall erect signs on those parts of highways that are designated as school zones to mark each school zone.
142(4)A part of a highway that has been designated as a school zone shall be marked at the commencement and at the end of the zone with signs facing approaching traffic.
142(5)A local authority shall not make a by-law that purports to prescribe a higher or lower rate of maximum speed than the rate of speed prescribed in paragraph 140(1)(a) or 140.1(1)(a), as the case may be, for a provincial highway or part of a provincial highway and any such by-law has no force or effect in so far as it relates to the maximum speed for a provincial highway or part of a provincial highway.
1955, c.13, s.125; 1959, c.23, s.10; 1961-62, c.62, s.45; 1963 (2nd Sess.), c.29, s.2; 1977, c.32, s.15; 1994, c.31, s.12; 2007, c.44, s.11
Rules respecting speed
142.01(1)No person shall drive a vehicle in a construction zone while a worker is present within the construction zone at a speed in excess of
(a) fifty kilometres per hour in an urban district,
(b) the speed limit prescribed in accordance with the provisions of section 141 or subsection (4), or
(c) eighty kilometres per hour in other locations where the speed limit is not otherwise posted.
142.01(2)The Minister of Transportation and Infrastructure or any person authorized by the Minister of Transportation and Infrastructure may designate any part of a highway as a construction zone, and every construction zone shall be marked by signs in accordance with this section.
142.01(3)The Minister of Transportation and Infrastructure may, for the purposes of subsection (2), authorize an official or employee of the New Brunswick Highway Corporation or a project company for the purposes of designating construction zones in respect of any part of a highway under its administration and control.
142.01(4)A local authority may, by by-law, designate parts of highways within its bounds or under its jurisdiction as a construction zone, and may prescribe for such parts a lower rate of maximum speed than the rate of speed prescribed in subsection (1) for such highways, and every construction zone shall be marked by signs in accordance with this section.
142.01(5)A part of a highway that has been designated as a construction zone shall be marked at the commencement and at the end of the zone with signs facing approaching traffic.
142.01(6)Any person who violates the provisions of subsection (1)
(a) by driving at a speed of twenty-five kilometres per hour or less in excess of a speed limit referred to in that subsection commits an offence,
(b) by driving at a speed of more than twenty-five kilometres per hour but not more than fifty kilometres per hour in excess of a speed limit referred to in that subsection commits an offence, or
(c) by driving at a speed of more than fifty kilometres per hour in excess of a speed limit referred to in that subsection commits an offence.
142.01(7)Where in a prosecution for an offence under paragraph (6)(b) the offence is not proven but evidence is adduced of facts which would constitute an offence under paragraph (6)(a), the alleged violator may be convicted of an offence under paragraph (6)(a) notwithstanding that he was not charged with committing an offence thereunder.
142.01(8)Notwithstanding section 51 or subsection 56(3), (5) or (8) of the Provincial Offences Procedure Act, where a person is convicted of an offence under paragraph (6)(a), (b) or (c), the minimum fine shall be double the minimum fine specified in the Provincial Offences Procedure Act for that category of offence.
2007, c.44, s.12; 2010, c.31, s.85
Minimum speed
142.1(1)The Minister of Transportation and Infrastructure may prescribe a rate of minimum speed for any highway or part of a highway, or any class or classes of vehicle, and such rate of minimum speed may be different for any period or periods of the day or night.
142.1(2)Subject to subsection 140(2), any person who drives a vehicle on a highway at a speed of less than the rate of minimum speed prescribed under subsection (1) for that highway commits an offence.
142.1(3)Subject to subsection (4), on application and on payment of any fee prescribed by regulation, the Minister of Transportation and Infrastructure may issue a permit, in such form and subject to such terms and conditions as he or she may determine, authorizing a person to drive a vehicle on a highway at a speed of less than the rate of minimum speed prescribed under subsection (1) for that highway.
142.1(4)If a vehicle for which an application is made under subsection (3) is a type that may not be operated on a highway unless its operation is authorized by a special permit issued under subsection 241(4), the Minister of Transportation and Infrastructure shall not issue the permit under subsection (3) unless the special permit has been issued in accordance with subsection 241(4) for the vehicle.
142.1(5)On payment of any fee prescribed by regulation, the Minister of Transportation and Infrastructure may amend or renew a permit issued under subsection (3), subject to such terms and conditions as he or she may determine.
142.1(6)Subsection (2) does not apply to a person driving a vehicle on a highway at a speed of less than the rate of minimum speed prescribed under subsection (1) for that highway if the person is acting under, and in accordance with, the terms and conditions of, a valid and subsisting permit issued or renewed under this section.
142.1(7)The Minister of Transportation and Infrastructure may, in his or her discretion, revoke or suspend a permit issued or renewed under this section and may reinstate a suspended permit subject to such terms and conditions as he or she may determine.
1997, c.62, s.4; 2006, c.13, s.10; 2010, c.31, s.85
Signs
143(1)A sign or signs may be erected on a highway giving notice of the speed limit prescribed for the highway, or for any class of motor vehicles, under sections 140, 140.1, 142, 142.01 or 142.1, as follows:
(a) by a local authority, within its jurisdiction;
(b) by the New Brunswick Highway Corporation, on a highway under its administration and control;
(c) by a project company, on a highway under its administration and control; and
(d) by the Minister of Transportation and Infrastructure, on all highways not referred to in paragraphs (a) to (c).
143(2)Where a sign giving notice of a speed limit is erected on a highway, the speed limit so indicated shall be deemed to be the speed limit on that portion of the highway extending from the place where the sign is erected to the first point where a sign indicating a different speed limit is erected.
143(3)On a prosecution for speeding under sections 140, 140.1 and 142.01
(a) evidence that a sign giving notice of a speed limit was at the time of the offence erected on a highway at a point in, and facing, the direction from which the accused was proceeding, and that no such sign indicating any other speed limit was then erected between the first mentioned sign and the place of the alleged offence, shall be prima facie proof that the speed limit on such highway at the place of the alleged offence was as indicated on such sign;
(b) evidence that a sign giving notice of a speed limit for any class of vehicles, was at the time of the alleged offence erected on a highway, and that no such sign indicating any other speed limit for such class or classes of vehicles was then erected between the first mentioned sign and the place of the alleged offence, shall be prima facie proof that the speed limit for such class of vehicle on such highway at the place of the alleged offence was as indicated on such sign;
(c) where the offence is alleged to have taken place in an urban district
(i) the court shall take judicial notice of the bounds of such urban district, and
(ii) evidence describing the place of such offence as being within the said urban district shall be prima facie evidence that such place was within the urban district.
1959, c.23, s.10A; 1961-62, c.62, s.46; 1968, c.38, s.10A; 1973, c.59, s.9, 10; 1977, c.32, s.16; 1978, c.D-11.2, s.26; 1997, c.62, s.5; 2006, c.13, s.11; 2007, c.44, s.13; 2010, c.31, s.85
Radar warning devices
143.1(1)In this section
“radar warning device” means a device or equipment designed or intended for use in a motor vehicle to warn the driver of the presence of radar or other electronic speed measuring equipment in the vicinity and includes a device or equipment designed or intended for use in a motor vehicle to interfere with the transmission of radar or other electronic speed measuring equipment.
143.1(2)No person shall have care or control of a motor vehicle that is equipped with, that carries or that contains a radar warning device.
143.1(3)A peace officer who has reasonable grounds to believe that a person, in violation of subsection (2), has care or control of a motor vehicle that is equipped with, carries or contains a radar warning device may at any time, without a warrant, stop, enter and search the motor vehicle and seize and take away any radar warning device found in or upon the motor vehicle.
143.1(4)If a person is convicted of an offence under this section that was committed by means of a radar warning device seized under subsection (3), the device shall be forfeited to Her Majesty the Queen in right of the Province and may be disposed of in conformity with the directions of the Minister.
143.1(5)Subsection (2) does not apply to a peace officer who is transporting a radar warning device that has been seized under subsection (3) to a place of storage or disposal.
1994, c.31, s.13
Slow speeds
144No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law.
1955, c.13, s.126; 1965, c.29, s.8
Motor-driven cycle
145No person shall operate any motor-driven cycle at a speed greater than sixty kilometres per hour during the times specified in section 207 unless such motor-driven cycle is equipped with a head lamp or lamps which are adequate to reveal a person or vehicle at a distance of one hundred metres.
1955, c.13, s.127; 1977, c.M-11.1, s.17
Solid rubber or cushion tires, bridge or elevated structure
146(1)No person shall drive any vehicle equipped with solid rubber or cushion tires at a speed greater than a maximum of twenty kilometres per hour.
146(2)The Minister of Transportation and Infrastructure may conduct an investigation of any bridge or other elevated structure constituting a part of a highway, and if he thereupon finds that such structure cannot with safety withstand vehicles travelling at the speed otherwise permissible under this Act, he shall determine and declare the maximum speed of vehicles that such structure can withstand, and shall cause or permit suitable signs stating such maximum speed to be erected and maintained at or near each end of such structure.
146(3)Any person driving over a structure at which signs are posted as provided in subsection (2) at a speed greater than that specified on those signs is guilty of an offence.
1955, c.13, s.128; 1977, c.M-11.1, s.17; 1978, c.D-11.2, s.26; 2006, c.13, s.12; 2010, c.31, s.85
RULES OF THE ROAD
Rules of the road
147(1)No driver shall drive a vehicle with any part of such vehicle being to the left of the centre line of the roadway except
(a) when overtaking and passing another vehicle proceeding in the same direction,
(b) when the roadway to the right of the centre line is obstructed by a parked vehicle or other object,
(c) when the roadway to the right of the centre line is closed to traffic,
(d) when permitted to do so on a roadway divided into three marked lanes under section 156, or
(e) upon a one-way roadway.
147(2)The driver of a vehicle who is proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall drive in the right hand lane then available for traffic, or as close as practicable to the right hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left hand turn at an intersection or into a private road or driveway.
147(3)A driver of a vehicle about to enter in a rotary traffic circle shall
(a) on entering a roadway in or around a rotary traffic circle, yield the right of way to the traffic already on a roadway in the circle, and
(b) drive his vehicle in a counterclockwise direction around the island or the centre of the circle.
1955, c.13, s.130; 1961-62, c.62, s.47; 1967, c.54, s.13
Meeting another vehicle
148(1)The driver of a vehicle shall keep to his right when he is meeting and passing another vehicle that is moving in the opposite direction.
148(2)The driver of a vehicle upon a roadway that is not marked with lanes for traffic or that has less than three marked lanes shall, when meeting another vehicle that is moving in the opposite direction, give to the other vehicle at least one-half of the roadway as nearly as possible.
1955, c.13, s.131; 1961-62, c.62, s.47
Rules of the road
149(1)Except as provided in section 150, the driver of a vehicle overtaking another vehicle, proceeding in the same direction,
(a) when reasonably necessary to insure safe operation, shall sound an audible signal,
(b) shall not pass such vehicle without first signalling his intention to do so by giving a signal for a left turn in the manner prescribed by section 163 or 164,
(c) shall pass to the left at a safe distance,
(d) shall not return to the right side of the roadway until safely clear of the overtaken vehicle,
(e) shall not pass to the left of such vehicle when the vehicle overtaken is making a left turn or its driver has signalled his intention to make a left turn.
149(2)Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle,
(a) upon hearing the audible signal, shall give way to the right in favour of the overtaking vehicle, and
(b) shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.
1955, c.13, s.132; 1961-62, c.62, s.47; 1971, c.48, s.8
Rules of the road
150(1)The driver of a vehicle shall not overtake and pass upon the right of another vehicle except
(a) when the vehicle overtaken is making a left turn or its driver has signalled his intention to make a left turn,
(b) when on a laned highway there are one or more unobstructed lanes available to traffic moving in the direction of travel of the vehicle, or
(c) upon a one-way roadway where the roadway is of sufficient width for two or more lines of moving vehicles and is free from obstructions.
150(2)Notwithstanding subsection (1), the driver of a vehicle shall not overtake and pass another vehicle upon the right,
(a) when the movement cannot be made safely, or
(b) by driving off the roadway.
1955, c.13, s.133; 1957, c.21, s.10; 1961-62, c.62, s.47
Left half of roadway visible and free of traffic
151Other than on a one-way highway, no person when passing shall drive a vehicle over or to the left of the centre line of the roadway unless the left half of the roadway is clearly visible and free of traffic for a distance sufficient to permit the passing to be completed without interfering with the safe operation of another vehicle.
1955, c.13, s.134; 1961-62, c.62, s.47; 1969, c.55, s.7
Rules of the road
152(1)No driver shall drive a vehicle on the left of or over the centre line of a roadway, other than a one-way roadway,
(a) when approaching the crest of a grade or upon a curve in a roadway where the driver’s view is obstructed within such distance as to create a hazard,
(b) when approaching within thirty metres of or traversing an intersection or level railway crossing, and
(c) when the driver’s view is obstructed upon approaching within thirty metres of a bridge, viaduct or tunnel.
152(2)Notwithstanding subsection (1) a driver may with caution drive a vehicle on the left of or over the centre line of a roadway under the circumstances mentioned in subsection (1) when a left turn is made at an intersection or into a private road or driveway.
152(3)Notwithstanding paragraph (1)(b), the driver of a vehicle approaching an intersection outside an urban district may, if driving on a laned roadway with markings that permit the driver to overtake and pass on the left, overtake and pass with caution another vehicle proceeding in the same direction.
1955, c.13, s.135; 1960, c.53, s.24; 1961-62, c.62, s.47; 1977, c.M-11.1, s.17; 1988, c.66, s.9
Dividing highway
153(1)Subject to subsection (2), the Minister of Transportation and Infrastructure and local authorities in their respective jurisdictions may cause any highway to be divided into two or more clearly marked lanes for vehicular traffic by means of dotted or solid lines or by means of traffic control devices suspended above the highway, or both and may designate one or more lanes for traffic moving in each direction.
153(2)If a highway referred to in subsection (1) is under the administration and control
(a) of the New Brunswick Highway Corporation, that Corporation may divide the highway as provided for in that subsection and that subsection applies with any other necessary modifications, or
(b) of a project company, that project company may divide the highway as provided for in that subsection and that subsection applies with any other necessary modifications.
1961-62, c.62, s.48; 1972, c.48, s.39; 1978, c.D-11.2, s.26; 1995, c.N-5.11, s.44; 1997, c.62, s.6; 2006, c.13, s.13; 2010, c.31, s.85
Markings re overtaking and passing
154(1)Subject to subsection (1.1), the Minister of Transportation and Infrastructure and local authorities in their respective jurisdictions shall cause markings as described in paragraph (a) or (b) to be made on roadways when overtaking and passing or driving on the left of or over the centre line of the roadway would be especially hazardous,
(a) on a two lane roadway, a solid line on the roadway approximately along the centre line thereof either alone or in conjunction with and to the driver’s right of a dotted line or another solid line running approximately parallel thereto, and
(b) on a three or more lane roadway, a solid line on the roadway approximately along the centre line of two lanes of travel either alone or in conjunction with and to the driver’s right of a dotted line or another solid line running approximately parallel thereto.
154(1.1)If a highway referred to in subsection (1) is under the administration and control
(a) of the New Brunswick Highway Corporation, that Corporation may cause markings to be made on roadways as provided for in that subsection and that subsection applies with any other necessary modifications, or
(b) of a project company, that project company may cause markings to be made on roadways as provided for in that subsection and that subsection applies with any other necessary modifications.
154(2)Where markings as described in paragraph (1)(a) or (b) are on a roadway and are clearly visible, no driver shall drive over, or with any part of his vehicle to the left of the solid line except to leave the highway to his left or to enter the roadway from a private road or driveway.
154(3)In any prosecution for an offence under subsection (2),
(a) the offence may be described as
(i) “driving on the left of a solid line on a roadway”, or
(ii) “driving over a solid line on a roadway”, and
(b) markings as described in paragraph (1)(a) or (b) shall be deemed conclusively to have been made on the roadway under the authority of and in accordance with subsection (1) or (1.1), as the case may be.
1955, c.13, s.136; 1959, c.23, s.11; 1960, c.53, s.25; 1961-62, c.62, s.49; 1971, c.48, s.9; 1972, c.48, s.40; 1978, c.D-11.2, s.26; 1997, c.62, s.7; 2006, c.13, s.14; 2010, c.31, s.85
One-way roadway
155(1)Subject to subsection (1.1), the Minister of Transportation and Infrastructure may designate any roadway, or any section thereof, as a one-way roadway and shall cause to be erected a traffic control device giving notice thereof.
155(1.1)If a roadway referred to in subsection (1) is under the administration and control of the New Brunswick Highway Corporation, that Corporation may designate the roadway as provided for in that subsection and that subsection applies with any other necessary modifications.
155(2)No driver shall drive a vehicle on a roadway designated as a one-way roadway under this section or under any other provision of this Act in a direction opposite to that designated by a traffic control device erected to give notice thereof.
155(3)Notwithstanding the provisions of subsection (2) a snow removal vehicle while in use may be driven in either direction on a one-way roadway.
1955, c.13, s.137; 1957, c.21, s.11; 1961-62, c.62, s.50; 1978, c.D-11.2, s.26; 1995, c.N-5.11, s.44; 1997, c.62, s.8; 2006, c.13, s.15; 2010, c.31, s.85
Driver on laned highway
156The driver of a vehicle on a laned highway,
(a) shall drive his vehicle as nearly as practicable entirely within a single lane and shall not drive from one lane to another unless such movement can be made with safety and in accordance with the provisions of this Act,
(b) shall not drive from one lane to another without first signalling his intention to do so in the manner prescribed by section 163 or 164,
(c) shall not use or drive in the centre lane of a three-lane highway except when overtaking and passing another vehicle proceeding in the same direction or when approaching an intersection where he intends to turn to the left, or when such lane is designated for traffic moving in the direction of travel of the vehicle, and
(d) where a traffic control device directs slow moving traffic to use a designated lane, when driving at less than the normal speed of traffic at the time and place and under the conditions then existing shall use or drive in that lane only.
1955, c.13, s.138; 1961-62, c.62, s.51
When lane ends
156.1Where a driver operating a vehicle on a laned roadway approaches a traffic control device that indicates that the lane in which the vehicle is situated ends, the driver, in moving into the adjacent lane, shall yield the right of way to any vehicles travelling in the adjacent lane.
1987, c.38, s.7
Space between vehicles
157(1)No driver of a vehicle shall follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles, and the amount and nature of the traffic upon and the condition of the highway.
157(2)The driver of a commercial vehicle or truck, or of a motor vehicle that is drawing another vehicle, when driving upon a roadway outside an urban district, and when following a commercial vehicle, or truck, or a motor vehicle drawing another vehicle, unless he intends to overtake and pass the vehicle ahead, shall, if conditions permit, have not less than sixty metres between his vehicle and the vehicle ahead.
157(3)The driver of a motor vehicle, when driving upon a roadway outside an urban district, and when following another motor vehicle, unless he intends to overtake and pass the vehicle ahead, shall drive at a sufficient distance behind the motor vehicle next in front of him to enable a vehicle to enter and occupy the space so left without danger.
157(4)Subsection (3) does not apply to vehicles being driven in a funeral procession.
1955, c.13, s.139; 1961-62, c.62, s.52; 1971, c.48, s.10, 11; 1977, c.M-11.1, s.17
Highway divided in two roadways
158Where a highway is divided into two roadways by an intervening space or a physical barrier or clearly indicated dividing section constructed so that it impedes vehicular traffic, no driver shall drive a vehicle over, across or within the intervening space, barrier or dividing section, except at a cross-over or intersection clearly marked as such by a traffic control device.
1955, c.13, s.140; 1960, c.53, s.26; 1961-62, c.62, s.53
Controlled-access roadway
159No person shall drive a vehicle onto or from any controlled-access roadway except at such entrances and exits as are clearly marked as such.
1955, c.13, s.141
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
Turning at intersection or point on roadway, left turn lanes, different course
161(0.1)In this section
“left turn lane” means, with reference to a roadway on which a vehicle is travelling, a lane designated by a traffic control device as a lane from which left turns may be made by vehicles travelling in the direction of travel of the vehicle;(voie de virage à gauche)
“right turn lane” means, with reference to a roadway on which a vehicle is travelling, a lane designated by a traffic control device as a lane from which right turns may be made by vehicles travelling in the direction of travel of the vehicle.(voie de virage à droite)
161(1)The driver of a vehicle intending to turn at an intersection shall
(a) both approach for a right turn and make the right turn
(i) subject to subparagraph (ii), as closely as practicable to the right-hand curb or edge of the roadway or, if there is a right turn lane, in the right turn lane, or
(ii) if there is more than one right turn lane, in one of the right turn lanes, without changing in the intersection from one lane to another lane in which traffic is lawfully permitted to travel in the same direction,
(b) if traffic is permitted to move in both directions on each roadway entering the intersection, approach for a left turn in that portion of the right side of the roadway nearest to its centre line and in the left turn lane if one is designated, pass to the right of the centre line where it enters the intersection and, after entering the intersection, make the left turn so as to leave the intersection to the immediate right of the centre line of the roadway being entered, and whenever practicable make the left turn in that portion of the intersection to the left of the centre of the intersection,
(c) at any intersection where traffic is restricted to one direction on one or more of the roadways but where there is no left turn lane, approach for a left turn in the intersection in the extreme left-hand lane in which traffic is lawfully permitted to move in the direction of travel of the turning vehicle and, after entering the intersection, make the left turn so as to leave the intersection, as nearly as practicable, in the extreme left-hand lane in which traffic is lawfully permitted to move in the same direction as the vehicle upon the roadway being entered, and
(d) at any intersection where traffic is restricted to one direction on one or more of the roadways and where there is at least one left turn lane, approach for a left turn in the intersection in one of the left turn lanes and, after entering the intersection, make the left turn so as to leave the intersection as nearly as practicable, in the left-hand lane or one of the left-hand lanes in which traffic is lawfully permitted to move in the same direction of travel as the vehicle upon the roadway being entered, without changing in the intersection from one lane to another lane in which traffic is lawfully permitted to travel in the same direction.
161(1.1)The driver of a vehicle intending to turn at a point on a roadway that is not at an intersection shall
(a) both approach for a right turn and make the right turn as closely as practicable to the right-hand curb or edge of the roadway,
(b) if traffic is permitted to move in both directions on the roadway and if there is no left turn lane, both approach for a left turn and make the left turn from that portion of the right side of the roadway nearest to its centre line,
(c) if traffic is restricted to one direction on the roadway and if there is no left turn lane, both approach for a left turn and make the left turn from the extreme left-hand lane in which traffic is lawfully permitted to move in the direction of travel of the vehicle, and
(d) if there is a left turn lane in the direction of travel of the vehicle, both approach for a left turn in that lane and make the left turn from that lane.
161(1.2)The driver of a vehicle travelling on a roadway that has a left turn lane in the direction of travel of the vehicle designated by a traffic control device solely for making left turns shall not use the left turn lane
(a) to overtake another vehicle travelling on the driver’s right on the roadway,
(b) to pass another vehicle travelling on the driver’s right on the roadway, or
(c) for any other purpose that is not expressly authorized under this Act.
161(2)Local authorities in their respective jurisdictions may cause markers, buttons, or signs to be placed within or adjacent to intersections and thereby direct that a different course from that specified in this section be travelled by vehicles turning at an intersection, and when markers, buttons, or signs are so placed no driver of a vehicle shall turn a vehicle at an intersection other than as directed by such markers, buttons, or signs.
1955, c.13, s.143; 1998, c.30, s.10
SIGNALS
Signals
162(1)No person shall turn a vehicle so as to proceed in the opposite direction
(a) unless he can do so without interfering with other traffic, or
(b) when he is driving
(i) upon a curve,
(ii) upon an approach to or near the crest of a grade where the vehicle cannot be seen by the driver of another vehicle approaching from either direction within one hundred fifty metres, or
(iii) at a place where a traffic control device prohibits making a U-turn.
162(2)No person shall start a vehicle which is stopped, standing, or parked unless and until such movement can be made with reasonable safety.
162(3)No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in section 161, or turn a vehicle to enter a private road or driveway, or otherwise turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety, and no person shall so turn any vehicle without giving an appropriate signal in the manner provided in sections 163 and 164 in the event any other traffic may be affected by such movement.
162(4)A signal of intention to turn right or left when required shall be given continuously during not less than the last thirty metres travelled by the vehicle before turning.
162(5)No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided in section 163 or 164 to the driver of any vehicle immediately to the rear when there is opportunity to give such signal.
1955, c.13, s.144; 1956, c.19, s.10; 1961-62, c.62, s.55; 1977, c.M-11.1, s.17
Means of giving signals
163Any stop or turn signal when required herein shall be given either by means of the hand and arm or by a signal lamp or lamps or mechanical signal device, but when a vehicle is so constructed or loaded that the distance from the centre of the top of the steering post to the left outside limit of the cab, body or load exceeds sixty centimetres or that the distance from the centre of the top of the steering post to the rear limit of the body or load of the vehicle, or the last vehicle where more than one vehicle is included in a single combination, exceeds four hundred twenty centimetres, then the vehicle shall be equipped with, and the said signals shall be given by such a lamp or lamps or signal device.
1955, c.13, s.145; 1956, c.19, s.11; 1977, c.M-11.1, s.17
Signals by hand and arm
164All signals herein required to be given by hand and arm shall be given from the left side of the vehicle in the following manner and such signals shall indicate as follows:
(a) to indicate a left turn the left hand and arm shall be extended horizontally,
(b) to indicate a right turn the left hand and arm shall be extended upward, and
(c) to indicate a stop or decrease speed the left hand and arm shall be extended downward.
1955, c.13, s.146
RIGHT-OF-WAY
Right-of-way
165(1)The driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle that has entered the intersection from a different highway.
165(2)When two vehicles enter an intersection from different highways at approximately the same time the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.
1955, c.13, s.147
Idem
166The driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to any vehicle approaching from the opposite direction that is within the intersection or so close thereto as to constitute an immediate hazard.
1955, c.13, s.148; 1960, c.53, s.27
Idem
167Notwithstanding the provisions of section 165, the driver of a vehicle
(a) about to enter or cross the roadway of a through highway shall yield the right-of-way to any pedestrian legally crossing the roadway and to any vehicle approaching so closely on the through highway as to constitute an immediate hazard,
(b) about to enter or cross the roadway of a highway from a private road or driveway, or about to enter a private road or driveway from a highway shall yield the right-of-way to any pedestrian as may be necessary to avoid a collision and any vehicle approaching so closely on the highway as to constitute an immediate hazard.
1955, c.13, s.149; 1960, c.53, s.28; 1961-62, c.62, s.56; 1987, c.38, s.8
AUTHORIZED EMERGENCY VEHICLES
Authorized emergency vehicles
168(1)Upon the immediate approach of an authorized emergency vehicle equipped with at least one lighted lamp exhibiting a flashing red light visible from the front of such vehicle, and when the driver is giving an audible signal by siren, exhaust whistle, or bell, the driver of every other vehicle shall yield the right-of-way to such authorized emergency vehicle and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a peace officer.
168(2)The driver of every vehicle shall yield the right-of-way to a police vehicle which is being used as an authorized emergency vehicle in the manner provided in subsection (1) when the driver of such police vehicle is giving an audible signal by siren, exhaust whistle or bell, and whether or not such police vehicle is equipped with a flashing red light visible from the front thereof.
1955, c.13, s.150
Idem
168.1(1)If an authorized emergency vehicle equipped with at least one lighted lamp exhibiting a flashing red light visible from the front of the vehicle is stopped on a highway, the driver of a vehicle travelling on the same side of the highway shall slow down and proceed with caution, having due regard for traffic on the highway, the condition of the highway and the weather conditions, to ensure that the driver does not collide with the authorized emergency vehicle or endanger any person outside of the authorized emergency vehicle.
168.1(2)If an authorized emergency vehicle equipped with at least one lighted lamp exhibiting a flashing red light visible from the front of the vehicle is stopped on a highway with two or more lanes for traffic on the same side of the highway, the driver of a vehicle travelling in the same lane that the authorized emergency vehicle is stopped or in a lane that is adjacent to the authorized emergency vehicle, in addition to slowing down and proceeding with caution as required by subsection (1), shall move into another lane if such movement can be made with safety.
168.1(3)Nothing in subsection (1) or (2) prevents a driver from stopping his or her vehicle and not passing the stopped authorized emergency vehicle if stopping can be done in safety and is not otherwise prohibited by law.
2010, c.16, s.1
PEDESTRIANS
By-laws of local authority
169(1)Pedestrians are subject to traffic control signals at intersections as provided for in this Part unless required by by-law of a local authority, within its jurisdiction, to comply strictly with such signals in such jurisdiction.
169(2)Local authorities are hereby empowered by by-law to require that pedestrians comply with the directions of any official traffic-control signal in their jurisdiction and may by by-law prohibit pedestrians from crossing any roadway in a business district or any designated highways except in a cross walk.
1955, c.13, s.151
Pedestrians
169.1(1)In this section
“school crossing guard” means a person employed by a municipality or rural community, or employed by a person under contract to a municipality or rural community, to direct the movement of children across a roadway.
169.1(2)A school crossing guard may direct children across a roadway only at a cross walk that has been posted with signs in accordance with the regulations.
169.1(3)Before directing children across a roadway at a cross walk, a school crossing guard shall
(a) clearly display to all approaching vehicles a stop sign that conforms with the specifications prescribed by regulation,
(b) enter into the middle of the roadway while continuing to display the stop sign, and
(c) ensure that all approaching vehicles have stopped.
169.1(4)When a stop sign is displayed as provided in subsection (3), the driver of any vehicle approaching the cross walk shall stop the vehicle no closer than five metres from the cross walk.
169.1(5)When directing children across a roadway, a school crossing guard shall wear the clothing prescribed by regulation.
1987, c.38, s.9; 2005, c.7, s.43
Flagperson
169.2(1)When construction is being carried out on or near a roadway so that it interferes with the ordinary movement of traffic on the roadway, a flagperson employed by the person or government carrying out the construction may direct traffic on the roadway.
169.2(2)When directing traffic on a roadway, a flagperson shall wear the clothing prescribed by regulation and may use traffic control devices if the devices conform with the requirements prescribed by regulation.
169.2(3)The driver of a vehicle shall obey the directions of a flagperson.
1987, c.38, s.9
Regulations
169.3The Lieutenant-Governor in Council may make regulations prescribing
(a) the design, specifications and placement of signs to be placed at cross walks at which school crossing guards direct children across a roadway,
(b) the design and specifications of
(i) stop signs to be used by school crossing guards,
(ii) traffic control devices that may be used by a flagperson, and
(iii) clothing to be worn by school crossing guards and flagpersons.
1987, c.38, s.9
Cross walk
170(1)Subject to the provisions of subsection 171(2) when traffic control signals are not in place or not in operation the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a cross walk, but no pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield the right-of-way.
170(2)No person who is driving a motor vehicle shall overtake and pass any vehicle that is stopped at a marked cross walk or at any unmarked cross walk at an intersection to permit a pedestrian to cross the roadway.
1955, c.13, s.152; 1986, c.57, s.2
Crossing roadway
171(1)Every pedestrian crossing a roadway at any point, other than within a marked cross walk or within an unmarked cross walk at an intersection, shall yield the right-of-way to all vehicles upon the roadway.
171(2)Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.
171(3)Between adjacent intersections at which traffic-control signals are in operation pedestrians shall not cross at any place except in a marked cross walk.
1955, c.13, s.153
Drivers shall exercise due care
172Notwithstanding sections 170 and 171 every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precautions upon observing any child or any confused or incapacitated person upon a roadway.
1955, c.13, s.154
Right half of cross walks
173Pedestrians shall move, whenever practicable, upon the right half of cross walks.
1955, c.13, s.155
Sidewalks
174(1)Where sidewalks are provided it is unlawful for any pedestrian to travel along or upon an adjacent roadway.
174(2)Where sidewalks are not provided any pedestrians travelling along or upon a highway shall, when practicable, travel only on the extreme left side of the roadway or its shoulder, not more than two abreast, facing traffic which may approach from the opposite direction and shall give way to the left to traffic approaching on the roadway.
174(3)No person shall be on a roadway for the purpose of soliciting a ride, employment or business from an occupant of a vehicle.
1955, c.13, s.156; 1960, c.53, s.29; 1987, c.38, s.10
Children and wards
175No parent of any child nor the guardian of any ward shall authorize or knowingly permit any such child or ward to play on a highway or to violate any of the provisions of this Act.
1955, c.13, s.157; 1957, c.21, s.12
BICYCLES
Right and duties
176Every person riding a bicycle upon a roadway has all of the rights and is subject to all of the duties applicable to the driver of a vehicle by this Act, except those provisions which by their very nature can have no application.
1955, c.13, s.158
Prohibitions, regulations
177(1)A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto.
177(2)No person shall use a bicycle to carry more persons at one time than the number for which it was designed or equipped.
177(3)No person shall ride on or operate a bicycle on a highway unless the person is wearing a bicycle helmet in accordance with the regulations and the chin strap of the helmet is securely fastened under the person’s chin.
177(4)No parent or guardian of a person who is under sixteen years of age shall authorize or knowingly permit that person to ride on or operate a bicycle on a highway unless the person is wearing a helmet in accordance with subsection (3).
177(4.1)A person sixteen years of age or older who violates or fails to comply with subsection (3) or (4) commits an offence.
177(4.2)The minimum and the maximum fine that may be imposed on a person convicted of an offence under subsection (3) or (4) shall be twenty-one dollars.
177(5)The Lieutenant-Governor in Council may make regulations
(a) respecting standards to be met by helmets required to be worn under subsection (3);
(b) respecting the identification and marking of helmets required to be worn under subsection (3);
(c) exempting persons or classes of persons in whole or in part from the application of subsection (3) or (4) or both and establishing conditions respecting such exemptions.
1955, c.13, s.159; 1961-62, c.62, s.57; 1993, c.5, s.6; 1994, c.107, s.1; 1998, c.46, s.3
Attaching person or item to vehicle
178(1)No person riding upon any bicycle, coaster, roller skates, sled, or toy vehicle shall attach the same or himself to any vehicle upon a roadway.
178(2)No person shall operate a motor vehicle on a highway while allowing any person to be towed or attached in any manner while the person is riding upon a bicycle, coaster, roller skates, sled, toboggan, skis or any other device not capable of being registered under this Act.
1955, c.13, s.160; 1966, c.81, s.8
Where to ride
179(1)Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.
179(2)Persons riding bicycles upon a roadway shall not ride abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.
179(3)Wherever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use such path and shall not use the roadway.
1955, c.13, s.161; 1960, c.53, s.30
Carrying item
180No person operating a bicycle shall carry any package, bundle, or article which prevents the driver from keeping at least one hand upon the handle bars of such bicycle.
1955, c.13, s.162
Lamp, audible signal, brakes
181(1)No person shall operate a bicycle at night unless it is equipped with a lamp on the front that emits a white light visible from a distance of at least one hundred fifty metres to the front and with a red reflector on the rear of type approved by the Registrar which shall be visible from one hundred metres to the rear when directly in front of lawful upper beams of head lamps on a motor vehicle, but a lamp emitting a red light visible from a distance on one hundred fifty metres to the rear may be used in addition to the red reflector.
181(2)No person shall operate a bicycle unless it is equipped with a bell or other device capable of giving a signal audible for a distance of at least thirty metres except that a bicycle shall not be equipped with nor shall any person use upon a bicycle any siren or whistle.
181(3)No person shall operate a bicycle unless it is equipped with brakes adequate to control the movement of the bicycle, and to stop and hold the bicycle.
1955, c.13, s.163; 1961-62, c.62, s.58, 59; 1973, c.59, s.1; 1977, c.M-11.1, s.17; 1993, c.5, s.7
Motor driven cycles
181.1The Lieutenant-Governor in Council may make regulations
(a) respecting the registration of motor driven cycles and fees thereof;
(b) respecting equipment for motor driven cycles;
(c) respecting the licensing of operators of motor driven cycles;
(d) respecting the carrying of passengers on motor driven cycles;
(e) respecting the application of any of the provisions under this Act with such variations as are necessary to the operation of a motor driven cycle; and
(f) regulating the operation of a motor driven cycle on the highway.
1975, c.38, s.2
RAILWAY CROSSINGS
Stopping at railway crossings
182(1)Any person driving a vehicle approaching a railroad grade crossing shall stop such vehicle within fifteen metres, but not less than five metres from the nearest rail of such railroad, when
(a) a clearly visible electric or mechanical signal device, designed to give warning of the approach of a railroad train, is exhibiting a warning signal,
(b) a crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach of a railroad train,
(c) a railroad train approaching within approximately five hundred metres of the highway crossing emits a signal audible from such distance and such railroad train, by reason of its speed or nearness to such crossing, is an immediate hazard, or
(d) an approaching railroad train is plainly visible and is in hazardous proximity to such crossing
and shall not thereafter cross over the railroad track or tracks until the imminent danger from traffic on the railroad has ceased to exist.
182(2)No person shall drive any vehicle through, around, or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed.
1955, c.13, s.165; 1961-62, c.62, s.61; 1977, c.M-11.1, s.17
Stop signs at railway crossings
183(1)The following may cause stop signs to be erected at railway crossings:
(a) local authorities, within their jurisdictions;
(b) the New Brunswick Highway Corporation, with respect to railway crossings at highways under its administration and control; and
(c) the Minister of Transportation and Infrastructure, with respect to railway crossings at all other highways, including, without limiting the generality of the foregoing, those under the administration and control of a project company.
183(2)No such stop sign shall be erected by a local authority without the approval of the Lieutenant-Governor in Council.
183(3)The driver of a vehicle that is approaching a railway crossing at which a stop sign has been erected shall stop the vehicle within fifteen metres, but not less than five metres, from the nearest rail of the railway and shall not proceed until it is safe to do so.
1955, c.13, s.166; 1961-62, c.62, s.62; 1977, c.M-11.1, s.17; 1978, c.D-11.2, s.26; 1994, c.31, s.14; 1995, c.N-5.11, s.44; 1997, c.62, s.10; 2006, c.13, s.17; 2010, c.31, s.85
Motor vehicle carrying passengers for hire, bus or vehicle carrying explosive substances or flammable liquids
184(1)The driver of any motor vehicle carrying passengers for hire, or of any bus, or of any vehicle carrying explosive substances or flammable liquids as a cargo or part of a cargo, before crossing at grade any tracks of a railroad, shall stop such vehicle within fifteen metres, but not less than five metres from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such tracks for any approaching train, and for signals indicating the approach of a train, and shall not proceed until he can do so safely.
184(1.1)Subject to subsection 182(1), subsection (1) does not apply to the driver of a motor vehicle carrying passengers for hire, of a bus or of a vehicle carrying explosive substances or flammable liquids as a cargo or part of a cargo, before crossing the tracks of a railroad if the crossing is equipped with a railroad sign that
(a) is installed before the crossing so as to be clearly visible to approaching drivers,
(b) bears a symbol depicting a railroad crossing, and
(c) is equipped with two yellow lights that flash alternately when they are activated upon the approach of a train.
184(2)After stopping as required by subsection (1), and upon proceeding when it is safe to do so, the driver of any such vehicle shall cross with the vehicle so geared that there will be no necessity for changing gears while traversing such crossing and the driver shall not shift gears while crossing the track or tracks.
184(3)No stop need be made at any such crossing where a police officer or a traffic control signal directs traffic to proceed.
1955, c.13, s.167; 1977, c.M-11.1, s.17; 1983, c.52, s.13; 2002, c.4, s.1
Equipment or structures
185(1)No person shall operate or move any crawler-type tractor, steam shovel, derrick, roller, or any equipment or structure having a normal operating speed of twenty or less kilometres per hour or a vertical body or load clearance of less than four centimetres for each metre of the distance between any two adjacent axles or in any event of less than twenty centimetres measured above the level surface of a roadway, upon or across any tracks at a railroad grade crossing without first complying with this section.
185(2)Notice of any such intended crossing shall be given to the railway agent of such railroad and a reasonable time shall be given to such railroad to provide proper protection at such crossing.
185(3)Before making any such crossing the person operating or moving any such vehicle or equipment shall first stop the same not less than five metres nor more than fifteen metres from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train, and shall not proceed until the crossing can be made safely.
185(4)No such crossing shall be made when warning is given by automatic signal or crossing gates or a flagman or otherwise of the immediate approach of a railroad train or car, and if a flagman is provided by the railroad, movement over the crossing shall be under his direction.
1955, c.13, s.168; 1977, c.M-11.1, s.17
Stop signs or yield right-of-way signs at specified entrances to highways
186(1)Subject to subsection (1.1), the following may designate through highways and cause stop signs or yield right-of-way signs to be erected at specified entrances to the highways:
(a) local authorities, within their jurisdictions;
(b) the New Brunswick Highway Corporation, with respect to highways under its administration and control; and
(c) the Minister of Transportation and Infrastructure, with respect to all other highways, including, without limiting the generality of the foregoing, those under the administration and control of a project company.
186(1.1)A project company having the administration and control of a highway shall cause signs referred to in subsection (1) to be erected at entrances to the highway in accordance with the directions of the Minister of Transportation.
186(2)Where a highway within the jurisdiction of a local authority is divided into separate lanes at its point of intersection with another highway, the local authority may designate one or more of such lanes as stop lanes, and cause a stop sign or yield right-of-way sign to be erected on or suspended over any such lane or lanes.
186(3)The driver of a vehicle approaching a stop sign shall bring the vehicle to a full stop at a clearly marked stop line, or, if none, then immediately before entering the nearest cross walk, or, if none, then at the point nearest the intersecting highway where the driver has a view of approaching traffic on the intersecting highways before entering the intersection.
186(3.1)Where a driver is required to stop pursuant to subsection (3),
(a) he shall not proceed until the condition of the traffic on the highway being entered upon is such that he can enter upon it safely, and
(b) he shall yield the right-of-way in accordance with section 167.
186(4)The driver of a vehicle approaching a yield right-of-way sign shall
(a) slow down to a speed reasonable for the existing conditions before and while entering the intersection, and
(b) yield the right-of-way in accordance with section 167.
186(5)Evidence that a stop sign or yield right-of-way sign is erected at an entrance to a highway is prima facie proof of the designation of such highway as a through highway at that location.
1955, c.13, s.169; 1957, c.21, s.13, 14, 15, 16, 17; 1960, c.53, s.31, 32, 33, 34, 35; 1961-62, c.62, s.63; 1968, c.38, s.10A; 1972, c.48, s.42; 1978, c.D-11.2, s.26; 1981, c.48, s.9; 1995, c.N-5.11, s.44; 1997, c.62, s.11; 2006, c.13, s.18; 2010, c.31, s.85
MISCELLANEOUS RULES
Entering roadway from private property
187(1)The driver of a vehicle within a business or residence district emerging from an alley, driveway, or building shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across any alleyway or private driveway, and shall yield the right-of-way to any pedestrian as may be necessary to avoid collision, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on that roadway.
187(2)The driver of a vehicle within a business or residence district entering an alley, driveway or building shall yield the right-of-way to any pedestrian as may be necessary to avoid a collision.
1955, c.13, s.170; 1987, c.38, s.11
Stopped school bus
188(1)The driver of a motor vehicle meeting or overtaking a stopped school bus upon a highway when flashing red lights are displayed on such school bus shall bring such motor vehicle to a stop at not less than five metres from such school bus and shall not pass such school bus until it is again in motion or the flashing red lights cease to be displayed.
188(1.1)Subsection (1) does not apply to the driver of a motor vehicle meeting a bus displaying flashing red lights on a highway divided by a median.
188(1.2)The owner of a motor vehicle shall be guilty of a violation of subsection (1) committed by any person operating the motor vehicle unless the owner establishes that another person
(a) was operating the motor vehicle and had possession of it without the owner’s consent, express or implied, at the time of the alleged violation,
(b) has been charged with and convicted of the violation, or
(c) admits to being the driver of the vehicle at the time of the alleged violation.
188(1.3)Notwithstanding subsection (1.2), if the registration certificate for a motor vehicle respecting which a violation of subsection (1) is committed shows the name and address of a lessee of the vehicle as provided for in section 27.1, the lessee shall be guilty of the violation unless the lessee establishes that another person
(a) was driving the motor vehicle and had possession of it without the lessee’s consent, express or implied, at the time of the alleged violation,
(b) has been charged with and convicted of the violation, or
(c) admits to being the driver of the vehicle at the time of the alleged violation.
188(1.4)A lessee charged with a violation by virtue of subsection (1.3) may be charged as the principal offender, but the information shall show that the charge is laid by virtue of subsection (1.3).
188(1.5)Notwithstanding section 362, proof that any person is or was, on a date stated in the proof, shown on a registration certificate as provided for in section 27.1 as the lessee of a motor vehicle respecting which a violation is alleged to have been committed on the same date under subsection (1) shall be prima facie evidence that the person was operating the motor vehicle at the time of the alleged violation.
188(2)The flashing lights referred to in subsection (1), and mounted on a vehicle painted yellow, shall consist of two alternately flashing red lights visible to the front and two alternately flashing red lights visible to the rear.
1955, c.13, s.171; 1961-62, c.62, s.64; 1963 (2nd Sess.), c.29, s.3; 1965, c.29, s.9; 1977, c.M-11.1, s.17; 1977, c.32, s.17; 1983, c.52, s.14; 1990, c.32, s.1; 1994, c.31, s.15
Opening vehicle door
189No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, nor shall any person leave a door open upon the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.
1957, c.21, s.18
Safety zone
190No person shall drive a vehicle through or within a safety zone.
1961-62, c.62, s.65
Riding in trailer
191(1)No person shall ride in or on a trailer or semi-trailer that is being hauled on a highway by a motor vehicle or a farm tractor unless
(a) the person is taking part in a parade that is approved by an appropriate governmental authority,
(b) the person is working while being transported in or on the trailer or semi-trailer, or
(c) the person is being transported to or from a worksite.
191(2)No person shall operate a motor vehicle or farm tractor with a person riding in or on a trailer or semi-trailer that is being hauled on a highway by the motor vehicle or farm tractor unless
(a) the trailer or semi-trailer is being used in a parade that is approved by an appropriate governmental authority,
(b) the trailer or semi-trailer is transporting persons who are working while being transported in or on the trailer or semi-trailer, or
(c) the trailer or semi-trailer is transporting persons to or from a worksite.
1965, c.29, s.10; 1991, c.61, s.4
Driving motor vehicle on sidewalk
191.1No person shall drive a vehicle on a sidewalk unless it is necessary for the person to do so in order to
(a) enter or leave an alley, driveway or building, or
(b) enter on or leave land that is adjacent to a highway.
1975, c.38, s.3; 1987, c.38, s.12
PARKING RULES
Parking prohibitions
192(1)No person shall stop, park or leave standing any vehicle outside of an urban district, whether such vehicle is attended or not
(a) upon the paved or main-travelled part of the highway when it is practicable to stop, park or leave standing such vehicle off such part of the highway, or
(b) unless an unobstructed width of five metres of the roadway opposite such standing vehicle is left for the free passage of other vehicles and a clear view of such stopped vehicle may be had from a distance of sixty metres in each direction upon such roadway, or
(c) on any highway on which a sign has been erected under subsection 194(5) prohibiting or restricting such stopping, standing or parking, except as may be permitted in accordance with such sign.
192(2)No person shall stop a vehicle on a street or roadway to let off or take on passengers or to load or unload the vehicle.
192(2.1)Notwithstanding subsection (2), a driver of a school bus displaying flashing red lights may stop the school bus on a street or roadway to let off or take on children going to or coming from school.
192(2.2)Notwithstanding subsection (2), a driver of a vehicle may stop a vehicle to let off or take on passengers or to load or unload the vehicle at or near the curb or the outer edge of the shoulder of the street or roadway in compliance with section 194.
192(3)This section does not apply to the driver of any vehicle which is disabled while on the paved or main-travelled portion of a highway in such a manner and to such an extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position.
192(4)When any peace officer finds a vehicle standing upon a highway in violation of any of the foregoing provisions of this section such officer may move such vehicle, or require the driver or other person in charge of the vehicle to move the same, to a position off the paved or main-travelled part of such highway.
192(5)Whenever any peace officer finds a vehicle unattended upon any bridge or causeway or in any tunnel where such vehicle constitutes an obstruction to traffic, such officer may take such vehicle into his custody and remove or provide for the removal of the vehicle to the nearest garage or other place of safety.
192(6)Repealed: 1977, c.M-11.1, s.17
1955, c.13, s.172; 1956, c.19, s.12, 13; 1961-62, c.62, s.66; 1977, c.M-11.1, s.17; 1977, c.32, s.18; 2006, c.13, s.19
Idem
193(1)No person shall stop, stand, or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a peace officer or traffic-control device, in any of the following places:
(a) on a sidewalk,
(b) in front of a public or private driveway,
(c) within an intersection,
(d) within five metres from the point on the curb or edge of the roadway immediately opposite a fire hydrant,
(e) on a cross walk,
(f) within five metres of a cross walk at an intersection,
(g) within ten metres upon the approach to any flashing beacon, stop sign, or traffic control signal located at the side of a roadway,
(h) between a safety zone and the adjacent curb or within ten metres of points on the curb immediately opposite the ends of a safety zone, unless the local authority indicates a different length by signs or markings,
(i) within fifteen metres of the nearest rail of a railroad crossing,
(j) within ten metres of the driveway entrance to any fire station and on the side of a street opposite to any fire station within twenty-five metres of said entrance,
(k) alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic,
(l) on the roadway side of any vehicle stopped, parked or left standing at the edge or curb of a roadway,
(m) upon any bridge or other elevated structure of a highway or within a highway tunnel, or
(n) at any place where official signs prohibit stopping.
193(2)No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such distance as is unlawful.
1955, c.13, s.173; 1961-62, c.62, s.68; 1977, c.M-11.1, s.17
Parking prohibitions re disabled
193.1(1)Subject to subsection (1.1), no person shall park a vehicle on a highway in a location reserved for parking for disabled persons unless there is displayed on or in the vehicle a disabled persons identification plate, permit or placard issued by the Registrar.
193.1(1.1)If a local authority has made a by-law establishing and regulating the use of locations for parking for disabled persons under paragraph 113(1)(a.1), subsection (1) does not apply within the boundaries of the local authority and the local authority shall have sole authority to regulate the use of the locations for parking.
193.1(2)The Registrar, upon application, may issue disabled persons identification plates, permits or placards for the purpose of display on or in vehicles to be used for the transportation of disabled persons.
193.1(3)The Minister, with the approval of the Lieutenant-Governor in Council, may enter into a reciprocal arrangement or agreement with another province or state for the mutual recognition of disabled persons identification plates, permits or placards issued by either jurisdiction.
193.1(4)Notwithstanding paragraph 113(1)(a.1) and subsection (1.1), a local authority that is establishing and regulating the use of locations reserved for parking for disabled persons shall recognize disabled persons identification plates, permits or placards that are issued under subsection (2) or are the subject of any agreement made under subsection (3) for the purpose of establishing and regulating such parking and shall not issue identification plates, permits, placards or other means of identification that in any way are, are intended to be or appear to be for the same purpose.
1985, c.34, s.12; 1994, c.31, s.16
Stopping or parking of vehicles
194(1)Subject to subsections (2) and (4), no person shall stop or park a vehicle, or leave a vehicle standing upon a highway other than on the right hand side of the highway and with the right-hand wheels of the vehicle parallel to and within fifty centimetres of the curb or outer edge of the shoulder.
194(2)Local authorities may by by-law authorize parking of vehicles on the left side of a highway, but any vehicle so parked shall be parked with the left wheels of such vehicle parallel to and within fifty centimetres of the left-hand curb or outer edge of the left shoulder of a one way roadway.
194(3)Where a local authority by by-law authorizes parking of vehicles under subsection (2), no person shall stop or park a vehicle, or leave a vehicle standing upon the left side of such highway other than with the left hand wheels of the vehicle parallel to and within fifty centimetres of the curb or outer edge of the shoulder.
194(4)Local authorities may by by-law permit angle parking on any roadway, except that angle parking shall not be permitted on any provincial highway unless the Minister of Transportation and Infrastructure has determined by order that the roadway is of sufficient width to permit angle parking without interference with the free movement of traffic.
194(5)Subject to subsection (5.1), the Minister of Transportation and Infrastructure may cause signs to be erected on a provincial highway or any part thereof prohibiting or restricting the stopping, standing or parking of vehicles thereon, where in his opinion such stopping, standing or parking
(a) would be dangerous to those using the highway, or
(b) would unduly interfere with the free movement of traffic.
194(5.1)If a provincial highway referred to in subsection (5) is under the administration and control of the New Brunswick Highway Corporation, the reference in that subsection to the Minister of Transportation and Infrastructure shall be read as a reference to the Corporation and that subsection applies with any other necessary modifications.
194(6)No person shall park a vehicle upon a provincial highway outside the jurisdiction of any local authority so as to interfere with snowplowing operations.
194(7)Notwithstanding anything contained in this or any other Act, no person shall have a right of action against Her Majesty the Queen in right of the Province or against any officer, servant or agent of Her Majesty for damages done to any vehicle parked in violation of subsection (6) where such damage was caused by such officer, servant or agent in the course of his duties or employment, unless such officer, servant or agent is guilty of gross negligence or wanton misconduct.
1955, c.13, s.174; 1958, c.19, s.9; 1961-62, c.62, s.68; 1963 (2nd Sess.), c.29, s.4; 1966, c.81, s.9; 1968, c.38, s.10A; 1972, c.48, s.43; 1977, c.32, s.19; 1977, c.M-11.1, s.17; 1978, c.D-11.2, s.26; 1995, c.N-5.11, s.44; 1996, c.43, s.10; 2000, c.26, s.193; 2006, c.13, s.20; 2010, c.31, s.85
Duties of driver
195(1)No person driving or in charge of a motor vehicle shall permit it to stand unattended on the roadway without first
(a) stopping the engine,
(b) locking the ignition,
(c) removing the ignition key,
(d) effectively setting the brake thereon, and
(e) when standing upon any grade, turning the front wheels to the curb or side of the roadway.
195(2)Paragraph (1)(a), (b) and (c) do not apply to a motor vehicle used for the purpose of door to door deliveries when the driver is in the vicinity of the vehicle.
195(3)Any means of rendering a motor vehicle immobile is a sufficient compliance with paragraph (1)(d).
1955, c.13, s.175; 1956, c.19, s.14
ABANDONED VEHICLES
Abandoned vehicles
196(1)No person shall abandon a vehicle or leave a vehicle standing for a period of more than twenty-four hours
(a) within the limits of a highway, or
(b) upon any land not owned or controlled by him, without the consent of the owner thereof.
196(2)Any official of the Division or any peace officer upon discovery of any vehicle apparently abandoned, whether situated within or without any highway of this Province, or of any vehicle without proper registration or of any vehicle that apparently has been involved in an accident and that is a menace to traffic or any vehicle that, in the opinion of such official or peace officer, is a menace to traffic by reason of any mechanical defect in such vehicle, or any vehicle parked upon a highway in such a position to obstruct traffic, or any vehicle parked at any place where official signs prohibit stopping in front of a public or private driveway shall take such vehicle into his custody and shall deal with the same as provided in section 197.
196(3)There shall be no liability attached to an official of the Division or a peace officer for any damages to a vehicle taken into his custody under this section.
1955, c.13, s.176; 1956, c.19, s.15; 1957, c.21, s.19; 1961-62, c.62, s.69; 1982, c.3, s.47
Abandoned vehicles
197(1)A vehicle detained, seized, impounded or taken into custody of law under this Act, shall be stored in such place as the Minister or the Registrar may direct and the owner of such vehicle at the time of such detention, seizure, impounding or taking into custody shall be liable for the costs and charges for the storage and moving thereof.
197(2)The Minister has a lien upon a vehicle detained, seized, impounded, moved or taken into custody of law under this Act for the costs and charges incident to the moving and storage of that vehicle and also and in addition thereto for the amount of any fine imposed upon the owner of such vehicle under this Act in respect to the operation of such vehicle.
197(3)If the costs and charges referred to in subsection (2) incident to the moving and storage of such vehicle, or if the fine therein referred to or any part thereof remained unpaid for a period of three months after the date of such detention and seizure, and if it has been found impossible to enforce the term of imprisonment to which the person so convicted of an offence under this Act is liable, in default of payment of such fine the Minister shall have the right in addition to all other remedies provided by law, to sell such vehicle by public auction.
197(4)Whenever a vehicle registered under this Act is seized upon process of law by any authority, the registration of the vehicle shall terminate and the registration plate and the certificate of registration respecting the vehicle shall be returned to the Registrar at the central office of the Division at Fredericton within ten days from the date of the seizure, but the Minister may in his discretion release the certificate of registration and registration plate.
197(5)In the event of the Minister proceeding to sell the vehicle at public auction under subsection (3) notice of such sale shall be published in The Royal Gazette, and in a newspaper having a general circulation in the county in which the sale will take place for at least two issues prior to such sale; the notice shall set out the name of the registered owner of the vehicle, the total amount covered by the lien thereon, a description of the vehicle, the time and place of the sale, and the name of the auctioneer, and in addition to the publication, a like notice in writing shall be left at the latest known place of residence of such registered owner, if a resident of this Province, at least two weeks prior to the sale.
197(6)The Minister shall apply the proceeds of the sale in payment of the costs and charges of storage and the fine, damages to property or persons if any, and the costs of advertising and sale; and, upon application, the Minister shall pay over any surplus then remaining to the registered owner of such vehicle.
197(7)Notwithstanding subsection (6), where any person, other than the registered owner thereof, claims to be the owner of such vehicle or to have an interest therein by reason of a lien or otherwise, the Minister upon receiving notice of such claim or claims shall pay over the surplus to the Registrar of The Court of Queen’s Bench of New Brunswick, there to be disposed of as between the registered owner and claimant or claimants as a judge of the Court may by order direct.
197(8)Notwithstanding anything hereinbefore contained in this section, when within seven days after a vehicle has been detained, seized, impounded or taken into custody of law under this Act, the registered owner cannot be found after enquiry or no one notifies the Registrar that he is the owner of such vehicle, and the Registrar ascertains that the vehicle has a market value of five hundred dollars or less, the Registrar may
(a) with the authorization of the Minister, and
(b) upon notice in The Royal Gazette specifying the name of the registered owner, if any, a short description of the vehicle, and giving notice of the day after which it is proposed to dispose of the vehicle,
dispose of the vehicle as he sees fit getting the best price possible therefor under the circumstances, and the proceeds therefrom, if any, shall be applied by the Minister in the manner provided for in subsections (6) and (7).
1955, c.13, s.177; 1956, c.19, s.15, 16; 1959, c.23, s.12; 1961-62, c.62, s.70; 1979, c.41, s.85; 1981, c.48, s.10; 1982, c.3, s.47
GENERAL
Backing up vehicle
198The driver of a vehicle shall not back the same unless such movement can be made with reasonable safety and without interfering with other traffic.
1955, c.13, s.178
Motorcycle passengers
199(1)A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such driver shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular passenger seat, or in a side-car.
199(2)The driver of a motorcycle on a highway shall not ride abreast another motorcycle except in the act of overtaking and passing.
199(3)The driver of a motorcycle being operated on a laned roadway is entitled to the full and unobstructed use of the lane in which the motorcycle is being operated and no person shall interfere with that use.
199(4)The driver of a motorcycle being operated on a laned roadway shall not attempt to pass another vehicle
(a) within the lane in which the other vehicle is being operated, or
(b) on an outer boundary of that lane.
1955, c.13, s.179; 1966, c.81, s.10; 1973, c.59, s.1; 1987, c.38, s.13
Motor vehicle passengers
200(1)No person shall drive a vehicle when it is so loaded, or when there are in the front seat such number of persons as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver’s control over the driving mechanism of the vehicle, and in no event, when there are more than three persons in the front seat.
200(2)No passenger in a vehicle shall ride in such a position as to interfere with the driver’s view ahead or to the sides, or to interfere with his control over the driving mechanism of the vehicle.
200(3)The driver of a motor vehicle travelling through defiles or canyons or on hilly or winding highways shall hold such motor vehicle under control and as near the right-hand edge of the highway as reasonably possible and, upon approaching any curve where the view is obstructed within a distance of sixty metres along the highway, shall give audible warning with the horn of such motor vehicle.
1955, c.13, s.180; 1977, c.M-11.1, s.17; 1985, c.34, s.13
Seat belt assembly
200.1(1)In this section
“properly adjusted” , with reference to a seat belt assembly designed to be worn over the upper torso, means worn snugly across the top of the shoulder and diagonally across the chest with no limb, other object or other material coming between the assembly and the body other than clothing or a sling or other medical aid recommended by a medical practitioner;(réglée proprement)
“seat belt assembly” means a device or assembly composed of straps, webbing or similar material that restrains the movement of a person in order to prevent or mitigate injury to the person and includes a pelvic restraint or an upper torso restraint or both of them.(ceinture de sécurité)
200.1(2)No person shall drive on a highway a motor vehicle in which a seat belt assembly required under the provisions of the Motor Vehicle Safety Act (Canada) at the time that the vehicle was manufactured or imported into Canada has been removed, rendered partly or wholly inoperative or modified so as to reduce its effectiveness.
200.1(3)Every person who drives on a highway a motor vehicle in which a seat belt assembly is provided for the driver shall wear the complete seat belt assembly in a properly adjusted and securely fastened manner.
200.1(4)Every person who is at least sixteen years old and who is a passenger in a motor vehicle being driven on a highway shall
(a) occupy a seating position for which a seat belt assembly is provided, and
(b) wear the complete seat belt assembly in a properly adjusted and securely fastened manner.
200.1(5)Subsections (3) and (4) do not apply to a person
(a) driving a motor vehicle in reverse,
(b) who holds a certificate signed by a medical practitioner certifying that the person
(i) for the period stated in the certificate is unable for medical reasons to wear a seat belt assembly, or
(ii) because of his physical characteristics is unable to wear a seat belt assembly, or
(c) who is actually engaged in work which requires him to alight from and re-enter a motor vehicle at frequent intervals and, while engaged in such work, does not drive or travel in that vehicle at a speed exceeding forty kilometres per hour.
200.1(6)No person shall drive on a highway a motor vehicle in which there is a passenger under the age of sixteen years unless
(a) that passenger occupies a seating position for which a seat belt assembly has been provided and is wearing the complete seat belt assembly in a properly adjusted and secure fashion, or
(b) that passenger occupies and is properly secured in a child seating and restraint system prescribed by regulation.
200.1(7)Subsection (6) does not apply in respect of a passenger if
(a) the passenger holds a certificate signed by a medical practitioner certifying that the passenger
(i) for the period stated in the certificate is unable for medical reasons to wear a seat belt assembly, or
(ii) because of his physical characteristics is unable to wear a seat belt assembly, or
(b) the passenger is actually engaged in work which requires him to alight from and re-enter a motor vehicle at frequent intervals and, while engaged in such work, does not drive or travel in that vehicle at a speed exceeding forty kilometres per hour.
200.1(8)A person who drives on a highway a motor vehicle in which one or more seat belt assemblies are required under the provisions of the Motor Vehicle Safety Act (Canada) shall not transport more passengers in the motor vehicle than there are effectively operating seat belts assemblies in the motor vehicle.
200.1(9)The Lieutenant-Governor in Council may make regulations
(a) requiring the use of child seating and restraint systems in motor vehicles on highways and prescribing the specifications thereof;
(b) providing for the exemption from any of the provisions of this section of
(i) any type or class of motor vehicles, and
(ii) any class of drivers or passengers in motor vehicles.
1983, c.52, s.15; 1994, c.31, s.17; 1998, c.30, s.11; 2007, c.44, s.14
Travelling upon a down grade
201(1)The driver of any motor vehicle when travelling upon a down grade shall not coast with the gears of such vehicle in neutral.
201(2)The driver of a commercial motor vehicle when travelling upon a down grade shall not coast with the clutch disengaged.
1955, c.13, s.181
Fire trucks
202(1)No driver of a vehicle other than an authorized emergency vehicle shall follow fire apparatus closer than one hundred fifty metres or drive or park
(a) where the street or highway on which fire apparatus stops in answer to a fire alarm is divided into blocks, within the block where the apparatus so stops, or
(b) in all other cases within one hundred metres of the place on the same street or highway on which the apparatus so stops.
202(2)Unless he has received the consent of the fire department official in command, no person shall drive a vehicle over an unprotected hose of a fire department when laid down on a street, highway or private driveway, at a fire or an alarm of fire.
1955, c.13, s.182; 1961-62, c.62, s.71; 1977, c.M-11.1, s.17
Litter
203(1)In this section “litter” means throw, drop, or deposit or cause to be deposited any glass bottle, glass, nails, tacks, cans or scraps of metals or any rubbish, refuse or waste.
203(2)No person shall litter a highway.
203(3)A person who litters a highway shall immediately remove the material so deposited in the highway.
203(4)Subject to subsection (5), a person who removes a wrecked or damaged vehicle from a highway shall remove glass or other injurious substances or things dropped upon the highway from the vehicle.
203(5)A person to whom subsection (4) applies is not required under that subsection to remove products, substances or organisms that are dangerous goods to which the Transportation of Dangerous Goods Act applies.
1955, c.13, s.183; 1961-62, c.62, s.72; 1996, c.43, s.11
Transporting certain materials
203.1No person shall operate or tow on a highway a vehicle containing glass bottles, glass, nails, tacks, cans, scraps of metals, rubbish, refuse or waste unless the vehicle is constructed or covered to prevent any of the load from dropping, sifting, leaking or otherwise escaping from the vehicle.
1993, c.5, s.8
Use of lights on highway
204No person shall use an artificial light adjacent to a highway which projects a light towards the highway capable of impairing the vision of a driver of a vehicle on the highway.
1961-62, c.62, s.73
Regulations respecting school buses
205(1)The Lieutenant-Governor in Council on the recommendation of the Minister may make regulations not inconsistent with this Act to govern the design and operation of all school buses used for the transportation of school children when owned and operated by any school district or privately owned and operated under contract with any school district in the Province and such regulations shall by reference be made a part of any such contract with a school district, and every school district, its officers and employees, and every person employed under contract by a school district shall be subject to those regulations.
205(2)Any officer or employee of any school district who violates any regulations or fails to include obligation to comply with the regulations in any contract executed by him on behalf of a school district is guilty of misconduct and subject to removal from office or employment, and any person operating a school bus under contract with a school district who fails to comply with any regulations is guilty of breach of contract and such contract shall be cancelled after notice and hearing by the responsible officers of such school district.
1955, c.13, s.184
EQUIPMENT
Equipment
206(1)No person shall operate and no owner shall cause or knowingly permit to be operated any vehicle or combination of vehicles that
(a) is in such unsafe condition as to endanger any person, or
(b) is not equipped with lights, reflectors and other equipment of the description and capacity, and located or mounted as required by sections 209, 210, 212, 213, 214, 215, 216, 218, 219, 220 and 222,
(c) is equipped with lamps or on which a lamp or lamps are being used, contrary to the provisions of sections 219, 223, 224 and 225,
(c.1) is equipped with a portable door mirror or fender mirror when not towing a trailer or other vehicle,
(d) is not equipped with brakes as required by section 233,
(e) is not equipped as required by sections 234, 235, 237, 238 and 241 or in which a horn or other warning signal or device is being used contrary to section 234, or
(f) is not equipped with a second attachment as required by section 236.
206(2)Nothing contained in this Part shall be construed to prohibit the use of additional parts and accessories on any vehicle not inconsistent with or forbidden by the provisions of this Part.
206(3)This Part, with respect to equipment on vehicles, shall not apply to implements of husbandry, road machinery, or road rollers, except as herein made applicable, but the driver of a tractor equipped with an electric lighting system shall while operating such vehicle on a highway at any of the times mentioned in section 207 have displayed and lighted on such tractor
(a) a red tail lamp, meeting the requirements of subsection 210(1), and either
(b) multiple beam head lamps meeting the requirements of subsection 209(4), or
(c) single beam head lamps meeting the maximum requirements of paragraph 209(6)(a) for head lamps on motorcycles.
206(4)Except when directly crossing the highway, every farm tractor and self-propelled implement of husbandry, and any other type of vehicle prescribed by regulation, when operated on a highway, or any vehicle towed by them, shall have a slow moving vehicle emblem as prescribed by the Lieutenant-Governor in Council by regulation, attached to the rear thereof in accordance with the regulations.
1955, c.13, s.185; 1960, c.53, s.36; 1961-62, c.62, s.74; 1964, c.43, s.5; 1965, c.29, s.11; 1971, c.48, s.12; 1972, c.48, s.44; 1977, c.32, s.20; 1983, c.52, s.16
LIGHTING EQUIPMENT
Lighted lamps and illuminating deices
207No person shall drive a vehicle on a highway at night time or any other time when there is not sufficient light to render clearly discernible persons and vehicles on the highway at a distance of one hundred fifty metres unless the vehicle is equipped with and displays lighted lamps and illuminating devices as hereinafter required for the class of vehicle so driven.
1955, c.13, s.186; 1960, c.53, s.37; 1961-62, c.62, s.75; 1977, c.M-11.1, s.17
Interpretation
208(1)Where the provisions of this Part impose requirements as to the distance from which certain lamps and devices shall render objects visible or within which such lamps or devices shall be visible, those provisions shall apply during the times stated in section 207 in respect of a vehicle without load when upon a straight, level unlighted highway under normal atmospheric conditions unless a different time or condition is expressly stated.
208(2)Where the provisions of this Part impose requirements as to the mounted height of lamps or devices, the height of such lamps or devices shall be measured from the centre of such lamp or device to the level ground upon which the vehicle stands when such vehicle is unloaded.
1955, c.13, s.187
Head lamps
209(1)Every motor vehicle other than a motorcycle or motor-driven cycle shall be equipped with at least two head lamps displaying white lights with at least one on each side of the front of the motor vehicle, which head lamps shall comply with the requirements and limitations set forth in this Part.
209(2)Every motorcycle and every motor-driven cycle shall be equipped with at least one and not more than three head lamps displaying white lights that shall comply with the requirements and limitations of this Part.
209(3)Every head lamp upon every motor vehicle, including every motorcycle and motor-driven cycle, shall be located at a height of not more than one hundred forty centimetres and not less than sixty centimetres except in the case of a motor vehicle that is used, from time to time, in conjunction with snow removal equipment, or that is so designed as to require head lamps at a greater height.
209(4)The head lamps on a motor vehicle shall provide at least two beams, either of which may be selected by the driver according to the requirements of traffic, subject to the following requirements and limitations:
(a) there shall be an upper or main beam, so aimed and of such intensity as to reveal persons and vehicles at a distance of at least one hundred metres ahead for all conditions of loading, and
(b) there shall be a lower or passing beam, so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least thirty metres ahead; and on a straight level road under any condition of loading none of the high-intensity portion of the beam shall be directed to strike the eyes of an approaching driver.
209(5)No driver of a vehicle, equipped with a head lamp or lamps having more than one beam, and being operated on a highway at any of the times mentioned in section 207 shall, while the upper or main beam of such lamp or lamps is in use or lighted,
(a) approach within one hundred fifty metres of a vehicle proceeding in the opposite direction,
(b) follow within sixty metres to the rear of a vehicle proceeding in the same direction, whether in the act of overtaking or not, or
(c) stop, park or leave the vehicle standing on the highway.
209(6)The head lamp or head lamps upon every motorcycle and motor-driven cycle may be of the single-beam or multiple-beam type but in either event shall comply with the requirements and limitations as follows:
(a) every head lamp or head lamps on a motorcycle or motor-driven cycle shall be of sufficient intensity to reveal a person or a vehicle at a distance of not less than thirty metres when the motorcycle or motor-driven cycle is operated at any speed less than forty kilometres per hour and at a distance of not less than sixty metres when the motorcycle or motor-driven cycle is operated between the speeds of forty and sixty kilometres per hour, and at a distance of not less than one hundred metres when the motorcycle or motor-driven cycle is operated at a speed of more than sixty kilometres per hour,
(b) in the event the motorcycle or motor-driven cycle is equipped with a multiple beam head lamp or head lamps the upper or main beam shall meet the minimum requirements set forth in paragraph (a) and the lower beam shall meet the requirements applicable to a lower or passing beam as set forth in subsection 209(4), and
(c) in the event the motorcycle or motor-driven cycle is equipped with a single beam lamp or lamps, the lamp or lamps shall be so aimed that when the vehicle is loaded none of the high-intensity portion of light, at a distance of seven hundred fifty centimetres ahead, shall project higher than the level of the centre of the lamp from which it comes.
1955, c.13, s.188; 1956, c.19, s.17; 1957, c.21, s.20; 1961-62, c.62, s.76; 1969, c.55, s.8, 9; 1977, c.M-11.1, s.17; 1998, c.30, s.12
Tail lamps
210(1)Subject to this section, every motor vehicle, trailer, semi-trailer and pole trailer and any other vehicle that is being drawn at the end of a train of vehicles shall be equipped with at least two tail lamps, mounted one on either side of the rear of the vehicle, that, when lighted as required under this Act, emit a red light plainly visible from a distance of one hundred and fifty metres to the rear.
210(2)Subsection (1) does not apply to an antique vehicle that was originally manufactured with, and is equipped with, one tail lamp mounted on its left, rear side that, when lighted as required under this Act, emits a red light plainly visible from a distance of one hundred and fifty metres to the rear.
210(3)Every tail lamp to which subsection (1) or (2) applies shall be located at a height of not more than one hundred and eighty-three centimetres and not less than thirty-eight centimetres.
210(4)Every vehicle to which subsection (1) or (2) applies shall be equipped with either a tail lamp or a separate lamp so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of fifteen metres to the rear.
210(5)Only the tail lamps, tail lamp or separate lamp, as the case may be, on the rearmost vehicle in a train of vehicles is required to meet the visibility requirements under subsection (1) or (2) or to meet the requirements of subsection (4).
210(6)Every tail lamp and every separate lamp for illuminating the rear registration plate shall be wired so that they are lighted whenever the head lamps or auxiliary driving lamps of the vehicle on which they are mounted are lighted.
1955, c.13, s.189; 1977, c.M-11.1, s.17; 1996, c.43, s.12; 1998, c.30, s.13
Red stop lamps
211(1)No person shall operate a motor vehicle or other vehicle on a highway unless the vehicle is equipped with a red stop lamp or lamps mounted on the rear thereof,
(a) become illuminated when the main service brakes of the vehicle are applied,
(b) when illuminated, are plainly visible and understandable from a distance of thirty metres to the rear during both day time and night time,
(c) are in good working condition, and
(d) do not project a glaring or dazzling light.
211(2)Subsection (1) does not apply in respect of the operation of an implement of husbandry during daytime.
1955, c.13, s.190; 1961-62, c.62, s.77; 1973, c.59, s.11; 1977, c.M-11.1, s.17
Other equipment
212In addition to other equipment required in this Act the following vehicles shall be equipped as herein stated:
(a) on every bus or truck, whatever its size, there shall be on the rear, two red reflectors, one at each side, and one stop light;
(b) on every commercial vehicle, semi-trailer or trailer two metres or more in overall width, in addition to the requirements in paragraph (a):
(i) on the front, two amber clearance lamps, one at each side,
(ii) on the rear, two red clearance lamps, one at each side,
(iii) on each side, an amber reflector at or near the front and a red reflector at or near the rear, and
(iv) mud flaps mounted immediately behind the rear wheels thereof that effectively reduce spray or splash to the rear of mud, water or slush caused by the rear wheels;
(c) any commercial vehicle, semi-trailer or trailer may be equipped with the following additional equipment:
(i) on the front, three amber identification lamps to be mounted in a row either vertically or horizontally, and
(ii) on the back, three red identification lamps to be mounted in a row either vertically or horizontally;
(d) on every commercial vehicle which has any part of the body of a width greater than the width between the fenders measured from the outer edge thereof, but less than two metres, the equipment required under paragraphs (a) and (b), with the exception that reflectors or reflectorized tape may be used instead of clearance lamps.
1955, c.13, s.191; 1956, c.19, s.18; 1957, c.21, s.21, 22; 1958, c.19, s.10; 1959, c.23, s.13; 1977, c.M-11.1, s.17; 1985, c.34, s.14; 1998, c.30, s.14
Clearance lamps
213Clearance lamps shall be mounted on the permanent structure of the vehicle in such a manner as to indicate its extreme width.
1955, c.13, s.192; 1985, c.34, s.15
Reflectors, clearance lamps
214(1)Every reflector upon any vehicle referred to in section 212 shall be of such size and characteristics and so maintained as to be readily visible at nighttime from all distances within one hundred fifty metres of the vehicle when directly in front of lawful upper beams of head lamps.
214(2)Front and rear clearance lamps shall be capable of being seen and distinguished under normal atmospheric conditions at the times lights are required at a distance of one hundred fifty metres from the front and rear, respectively of the vehicle.
1955, c.13, s.193; 1977, c.M-11.1, s.17
Vehicles operated in combination
215Whenever motor and other vehicles are operated in combination during the time that lights are required, any lamp, except tail lamps, need not be lighted that, by reason of its location on a vehicle of the combination, would be obscured by another vehicle of the combination, but this does not effect the requirement that lighted clearance lamps be displayed on the front of the foremost vehicle required to have clearance lamps, and that all lights required on the rear of the rearmost vehicle of any combination be lighted.
1955, c.13, s.194
Load
216Whenever the load upon any vehicle extends to the rear one hundred twenty-five centimetres or more beyond the bed or body of such vehicle there shall be displayed at the extreme rear end of the load, at the times specified in section 207 hereof, a red light or lantern plainly visible from a distance of at least one hundred fifty metres to the sides and rear, and the red light or lantern required under this section shall be in addition to the red rear light required upon every vehicle, and at any other time there shall be displayed at the extreme rear end of such load a red flag or cloth not less than thirty centimetres square and so hung that the entire area is visible to the driver of a vehicle approaching from the rear.
1955, c.13, s.195; 1977, c.M-11.1, s.17
Stopping or parking vehicle or leaving vehicle standing
217(1)No person shall stop or park a vehicle or leave a vehicle standing on a roadway or on the shoulder thereof during the times mentioned in section 207 and whether attended or unattended,
(a) unless there is sufficient light to reveal a person or vehicle at a distance of one hundred fifty metres on the highway, or
(b) unless the vehicle is equipped with one or more lighted lamps that exhibit a white or amber light on the roadway side of the vehicle visible from a distance of one hundred fifty metres to the front of the vehicle, and a lighted red lamp visible from a distance of one hundred fifty metres to the rear.
217(2)This section does not apply to a motor-driven cycle.
1955, c.13, s.196; 1960, c.53, s.38; 1961-62, c.62, s.78; 1963 (2nd Sess.), c.29, s.5; 1977, c.M-11.1, s.17
Lighted lamp or lantern
218All vehicle, including animal-drawn vehicles not hereinbefore specifically required to be equipped with lamps, shall at the time specified in section 207 be equipped with at least one lighted lamp or lantern exhibiting a light visible from the front and rear a distance of one hundred fifty metres.
1955, c.13, s.197; 1977, c.M-11.1, s.17
Spot lamps, fog lamps
219(1)Any motor vehicle may be equipped with not more than one spot lamp that shall be so aimed and used upon approaching another vehicle that no part of the high-intensity portion of the beam is directed to the left of the prolongation of the extreme left side of the vehicle nor more than thirty metres ahead of the vehicle.
219(2)Any motor vehicle may be equipped with not more than two fog lamps mounted on the front, so aimed that none of the high-intensity portion of the light to the left of the centre of the vehicle at a distance of seven hundred fifty centimetres ahead projects higher than a level of ten centimetres below the level of the centre of the lamp from which it comes, but such fog lamps shall only be used in conjunction with the lower or passing beams of head lamps, or with a single-beam head lamp or lamps where such head lamp or lamps are lawfully used.
1955, c.13, s.198; 1977, c.M-11.1, s.17; 1983, c.52, s.17
Indicating intention to turn
220Any motor vehicle may be equipped with a lamp or lamps or mechanical signal device capable of clearly indicating an intention to turn either to the right or to the left and that are visible both from the front and rear.
1955, c.13, s.199
Signal lamps
221No person shall operate a vehicle equipped with signal lamps and no driver of a vehicle shall use a signal lamp to indicate an intention to turn
(a) unless each lamp when illuminated is clearly visible and understandable during both day time and night time from a distance of thirty metres both to the front and rear, or
(b) if any such signal lamp projects a glaring or dazzling light.
1955, c.13, s.200; 1961-62, c.62, s.79; 1977, c.M-11.1, s.17
Self-illuminated signal devices
222All mechanical signal devices shall be self-illuminated when in use at the times mentioned in section 207.
1955, c.13, s.201
Cowl or fender lamps, running-board courtesy lamps, back-up lamps
223(1)Any motor vehicle may be equipped with not more than two side cowl or fender lamps that emit an amber or white light without glare.
223(2)Any motor vehicle may be equipped with not more than one running-board courtesy lamp on each side thereof that emits a white or amber light without glare.
223(3)Any motor vehicle may be equipped with not more than two back-up lamps either separately or in combination with other lamps, but any such back-up lamp shall not be lighted when the motor vehicle is in forward motion.
1955, c.13, s.202
Additional lamps
224Subject to subsection 219(2), whenever a motor vehicle equipped with head lamps is also equipped with additional lamps of any type on the front thereof projecting a beam of intensity greater than 300 candlepower, not more than one such additional lamp shall be lighted at the same time as the headlamps when such vehicle is upon a highway.
1955, c.13, s.203; 1957, c.21, s.23; 1983, c.52, s.18
Lighting equipment
225(1)Any lighted lamp or illuminating device upon a motor vehicle other than the head lamps, spot lamps, auxiliary lamps, or flashing front-direction signals which projects a beam of light of an intensity greater than three hundred candela shall be so directed that no part of the beam will strike the level of the roadway on which the vehicle stands at a distance of more than twenty-five metres from the vehicle.
225(2)Subject to subsection 188(2) and except as herein especially authorized, no person shall drive or move any vehicle or equipment except an authorized emergency vehicle upon any highway with any lamp or device thereon displaying a red light visible from directly in front of the centre thereof.
225(3)Flashing or revolving lights are prohibited on motor vehicles except in the following cases:
(a) an authorized emergency vehicle,
(a.1) a motor vehicle operated for the purpose of implementing or training for the implementation of an emergency measures plan under the Emergency Measures Act,
(b) a Department of Public Safety or Department of Transportation vehicle,
(c) a school bus,
(d) a service vehicle,
(e) any vehicle as a means of indicating a right or left turn, and
(f) any vehicle equipped with an emergency flashing switch permitting the parking and tail lights to flash only when such vehicle is parked on the highway or any portion thereof due to an emergency or under circumstances beyond the control of the driver.
225(3.1)No person shall drive or operate a motor vehicle equipped with flashing or revolving combination red and blue lights except where the motor vehicle is being used by the Royal Canadian Mounted Police, a police force as defined in the Police Act or a person designated under section 15.
225(3.2)No person shall drive or operate a motor vehicle equipped with a flashing or revolving green light except
(a) an officer of the Emergency Measures Organization as defined in the Emergency Measures Act, or
(b) a person designated to operate the vehicle for the purpose of implementing or training for the implementation of an emergency measures plan under the Emergency Measures Act.
225(4)Where a service vehicle is equipped with a revolving or flashing light the light shall be amber in colour.
225(4.1)A school bus may display flashing amber lights prior to stopping to let off or take on children going to or coming from school, the lights to consist of two alternately flashing amber lights visible from the front and two alternately flashing amber lights visible from the rear.
225(5)The Minister may authorize the carrying and display of one or more revolving lights showing amber to the front and red to the rear upon any motor vehicle operated on a highway and one or more revolving lights showing amber and red shall not be carried or displayed on any motor vehicle on a highway except by authority of the Minister.
225(6)The Minister may by order designate a mode or method of painting or marking motor vehicles used by peace officers, and upon the making of such an order no person who is not a peace officer shall paint or mark any motor vehicle in his possession in such a way that it may be confused or is likely to be confused with a motor vehicle used by a peace officer.
1955, c.13, s.204; 1960, c.53, s.39; 1961-62, c.62, s.80; 1965, c.29, s.12; 1966, c.81, s.11; 1967, c.54, s.14; 1973, c.59, s.1; 1977, c.32, s.21; 1977, c.M-11.1, s.17; 1978, c.D-11.2, s.26; 1980, c.34, s.10; 1981, c.6, s.1; 1981, c.59, s.32; 1983, c.52, s.19; 1988, c.11, s.21; 1993, c.5, s.9; 1997, c.62, s.12; 1998, c.30, s.15; 2000, c.26, s.193; 2006, c.13, s.21
APPROVED EQUIPMENT
Lamps and devices – approved by Registrar
226No person shall have for sale, sell, or offer for sale for use upon or as a part of the equipment of a motor vehicle, trailer, or semi-trailer or use upon any such vehicle, trailer, or semi-trailer any head lamp, auxiliary or fog lamp, rear lamp, clearance lamp, signal lamp or reflector or parts of any of the foregoing which tend to change the original design or performance of such equipment, unless of a type that has been submitted to the Registrar and approved by him.
1955, c.13, s.205; 1986, c.56, s.8
Lamps and devices – trademark or name
227No person shall have for sale, sell, or offer for sale for use upon or as a part of the equipment of a motor vehicle, trailer, or semi-trailer any lamp or device mentioned in section 226 that has been approved by the Registrar unless such lamp or device bears thereon the trade-mark or name under which it is approved so as to be legible when installed.
1955, c.13, s.206
Lamps – bulbs
228No person shall use upon any motor vehicle, trailer, or semi-trailer any lamps mentioned in section 226 unless the lamps are equipped with bulbs of a rated candlepower and are mounted and adjusted as to focus and aim in accordance with this Act.
1955, c.13, s.207
Motorcycle helmet
229No person shall drive a motorcycle or ride thereon as a passenger unless he is wearing a helmet protection for his head which helmet conforms with the standards prescribed by regulation.
1967, c.54, s.15; 1977, c.32, s.22
Motorcycle tires
229.1(1)No owner shall drive or permit to be driven a motorcycle with tires that do not meet the minimum tire tread depth prescribed by regulation.
229.1(2)No owner shall drive or permit to be driven a motorcycle with tires that have any of the conditions prescribed by regulation.
2014, c.44, s.8
Tires
230(1)No owner shall drive or permit to be driven a motor vehicle, trailer, or a semi-trailer, not equipped with tires that conform with the standards prescribed by regulation.
230(2)No person shall have for sale, sell, or offer for sale, for use upon or as part of the equipment of a motor vehicle, trailer, or semi-trailer, any tire that does not conform to the standards prescribed by regulation.
1967, c.54, s.16
Regulations
231(1)The Lieutenant-Governor in Council may make regulations requiring the use or incorporation of any equipment, material or device, in or on any vehicle that may be conducive to the safe operation of the vehicle on the highway, or that may reduce or prevent injury to persons in a vehicle on a highway or to persons using the highway, and prescribing the specifications thereof.
231(2)Regulations made under subsection (1) may adopt by reference or otherwise, standards or specifications established or approved by the Canadian Standards Association or other testing organization with or without modifications or variation or may require that any equipment conform to standards or specifications established or approved by the Canadian Standards Association or other testing organization or bear the approval of the Canadian Standards Association or other testing organization.
231(3)The Lieutenant-Governor in Council may make regulations respecting the installation of any equipment, material or device referred to in subsection (1) and respecting the identification of such equipment, material or device as complying with standards or specifications set out in the regulations and as having been installed in accordance with the regulations.
1971, c.48, s.13; 1983, c.52, s.20
National safety mark or statement of compliance
232No person who deals in motor vehicles shall sell or offer to sell a new motor vehicle manufactured after the date this section comes into force that does not bear the national safety mark or a statement of compliance in accordance with the Motor Vehicle Safety Act (Canada).
1973, c.59, s.12; 1985, c.34, s.16; 1998, c.30, s.16
BRAKES
Brakes
233(1)Every motor vehicle, other than a bus, a commercial vehicle, a motorcycle or a motor driven cycle, when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and hold such vehicle, including two separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two wheels, and if the two separate means of applying the brakes are connected in any way, they shall be so constructed that failure of any one part of the operating mechanism shall not leave the motor vehicle without adequate and effective brakes on at least two wheels.
233(1.1)Every bus and every commercial vehicle, when operated upon a highway, shall be equipped with brakes adequate to control the movement of and to stop and hold the bus or commercial vehicle, including two separate means of applying the brakes, each of which means shall be effective to apply the brakes to all the wheels on every axle of the bus or commercial vehicle, and if the two separate means of applying the brakes are connected in any way, they shall be so constructed that failure of any one part of the operating mechanism shall not leave the bus or commercial vehicle without adequate and effective brakes on all the wheels on every axle of the bus or commercial vehicle.
233(1.2)Subsection (1.1) does not apply to buses and commercial vehicles that were not manufactured with brakes on all the wheels on every axle.
233(2)Every motorcycle and every motor-driven cycle, when operated upon a highway, shall be equipped with at least one brake which may be operated by either hand or foot.
233(3)Every trailer or semi-trailer of a gross mass of one and one-half tonnes or more when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and to hold such vehicle and so designed as to be applied by the driver of the towing motor vehicle from its cab in the case of every trailer or semi-trailer equipped with air brakes, and the brakes shall be so designed and connected that in case of an accidental break-away of the towed vehicle the brakes shall be automatically applied.
233(4)Every new motor vehicle, trailer, or semi-trailer hereafter sold in this Province and operated upon the highways shall be equipped with service brakes except that any semi-trailer or trailer of less than 1.5 tonnes gross mass need not be equipped with brakes.
233(5)In any combination of motor-driven vehicles in which a trailer equipped with brakes is included, such brakes shall be so designed that the brakes of the rearmost trailer may be applied in approximate synchronism with the brakes on the towing vehicle and so that the brakes on the trailer develop the required braking effort on the rearmost wheels at the fastest rate; or shall be so designed that the braking effort applies first on the rearmost trailer equipped with brakes; or shall be designed to include both of the above systems so installed as to be capable of being used alternatively.
233(6)One of the means of brake operation shall consist of a mechanical connection from the operating lever to the brake shoes or bands and this brake shall be capable of holding the vehicle, or combination of vehicles, stationary under any condition of loading on any upgrade or down grade upon which it is operated.
233(7)The brake shoes operating within or upon the drums on the vehicle wheels of any motor vehicle may be used for both service and hand operation.
233(8)Every motor vehicle or combination of motor-drawn vehicles shall be equipped with service (foot) brakes adequate and effective under all conditions of travelling, and on one application thereof while travelling on a dry, smooth, level roadway, free from loose material,
(a) at a speed of thirty kilometres per hour, to stop the vehicle or combination of vehicles within ten metres when all wheels thereof are equipped with such brakes, and otherwise within twelve metres, and
(b) to decelerate the vehicle or combination of vehicles at a sustained rate of four hundred twenty-six centimetres per second when all wheels thereof are equipped with such brakes and otherwise at a sustained rate of three hundred twenty-six centimetres per second.
233(9)All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle.
1955, c.13, s.208; 1960, c.53, s.40; 1961-62, c.62, s.81; 1977, c.M-11.1, s.17; 1978, c.38, s.6; 1978, c.39, s.11; 1998, c.30, s.17
MISCELLANEOUS EQUIPMENT
Horns
234(1)Every motor vehicle when operated upon a highway shall be equipped with a horn in good working order and that is capable of emitting sound audible under normal conditions from a distance of not less than sixty metres, but no horn or other warning device shall emit an unreasonably loud or harsh sound or a whistle.
234(2)The driver of a motor vehicle shall when necessary to insure safe operation of a vehicle, or to give warning of his approach, sound his horn but shall not otherwise use such horn when upon a highway.
234(3)For the purposes of subsection (2) “highway” means any place accessible to the public as of right or by invitation expressed or implied and for greater certainty, but not so as to restrict the generality of the foregoing, includes drive-in theatres, parking lots, school yards, parks, picnic sites, beaches, highways under the administration and control of the New Brunswick Highway Corporation or a project company and winter roads across river ice.
234(4)No vehicle shall be equipped with nor shall any person use upon a vehicle any siren, whistle, or bell, except as otherwise permitted in this section.
234(5)A commercial vehicle may be equipped with a theft alarm signal device that is so arranged that it cannot be used by the driver as an ordinary warning signal.
234(6)Any authorized emergency vehicle may be equipped with a siren, whistle, or bell, capable of emitting sound audible under normal conditions from a distance of not less than one hundred fifty metres, but such siren shall not be used except when such vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law.
1955, c.13, s.210; 1971, c.48, s.14; 1977, c.M-11.1, s.17; 1995, c.N-5.11, s.44; 1997, c.50, s.21
Mufflers and exhaust pipes
235(1)The driver of a motor vehicle that is being operated on a highway shall ensure that the motor vehicle is equipped with a muffler and exhaust pipe or pipes in good working order and in constant operation so as to prevent excessive or unusual noise, and no person shall operate a motor vehicle equipped with a muffler cut-out, by-pass or similar device.
235(2)The driver of a motor vehicle shall ensure that the engine and power mechanism of every motor vehicle are equipped and adjusted so as to prevent the escape of excessive fumes or smoke.
1955, c.13, s.211; 1961-62, c.62, s.83; 1990, c.61, s.84; 1998, c.30, s.18
Two separate means of attachment
236No motor vehicle, other than a motor vehicle in which there is a person licensed to operate a motor vehicle on a highway, trailer or other object or device shall be drawn by a motor vehicle on a highway unless there are two separate means of attachment so constructed and attached that the failure of one such means will not permit the motor vehicle, trailer, object or device being drawn to become detached, but this section does not apply to a trailer so designed and used that part of its own mass and of its load rests upon or is carried by another vehicle.
1965, c.29, s.13; 1977, c.M-11.1, s.17; 1979, c.43, s.5
Mirrors
237Every motor vehicle shall be equipped with a mirror so located and adjusted as to reflect to the driver without obstruction by any part of the vehicle or load thereon a view of the highway for a distance of at least sixty metres to the rear of such vehicle.
1955, c.13, s.212; 1958, c.19, s.11; 1977, c.M-11.1, s.17
Obstruction of driver's view
238(1)No person shall operate on a highway a motor vehicle
(a) with any non-transparent material on the front windshield, side wings or side or rear windows of such vehicle, or
(b) having on the exterior or in the interior thereof, any ornament or other thing
that obstructs or is liable to obstruct the driver’s clear view of the highway or any intersecting highway.
238(1.1)Subject to subsection (1.11), no person shall place or install in or on the front windshield of a motor vehicle or in or on the side wings or side windows to the right or the left of the driver of a motor vehicle any colour spray or other coloured material or any opaque or reflective material that may
(a) obstruct the driver’s clear view of the highway or any intersecting highway, or
(b) substantially obscure the interior of the motor vehicle when viewed from outside the motor vehicle.
238(1.11)No person shall place or install in or on the front windshield of a motor vehicle or in or on the side wings or side windows to the right or the left side of the driver of a motor vehicle, any colour spray or other coloured material or any opaque or reflective material that prevents more than thirty per cent of any light from passing through in either direction when measured by a photometer.
238(1.2)Subsections (1.1) and (1.11) do not apply in relation to the installation of front windshields, side wings or side windows during the initial construction or assembly of the motor vehicle nor to the replacement of windshields, side wings or side windows with equivalents to those installed during the initial construction or assembly.
238(1.3)Subject to subsection (1.4), no person shall operate on a highway a motor vehicle
(a) on which the front windshield, or the side wings or side windows to the right or the left of the driver, have been treated, coated or covered with a colour spray or other coloured material or any opaque or reflective material in such a manner as to obstruct the driver’s clear view of the highway or any intersecting highway, or
(b) on which the front windshield, or the side wings or side windows to the right or left of the driver, have been treated, coated or covered with a colour spray or other coloured material or any opaque or reflective material that substantially obscures the interior of the motor vehicle when viewed from outside the motor vehicle.
238(1.4)No person shall operate on a highway a motor vehicle on which the front windshield, or the side wings or side windows to the right or the left of the driver, have been treated, coated or covered with a colour spray or other coloured material or any opaque or reflective material that prevents more than thirty per cent of any light from passing through in either direction when measured by a photometer.
238(2)The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow, or moisture from the windshield, which device shall be so constructed as to be controlled or operated by the driver of the vehicle.
238(3)Every windshield wiper upon a motor vehicle shall be maintained in good working order.
1955, c.13, s.213; 1961-62, c.62, s.84; 1986, c.56, s.9; 1996, c.43, s.13
Repealed
239Repealed: 2002, c.32, s.12
1957, c.21, s.24; 2002, c.32, s.12
Windshield, speedometer
240No person shall drive on a highway a passenger vehicle, bus, or commercial vehicle without
(a) a windshield, except to move the vehicle for the purpose of repairs thereto, and
(b) a speedometer in good working condition so as to show the speed at which the vehicle is travelling.
1960, c.53, s.41
Tires, tracks
241(1)Every solid rubber tire on a vehicle shall have rubber on its entire traction surface at least twenty-five millimetres thick above the edge of the flange or rim on the entire periphery.
241(2)No person shall operate or move on any highway any motor vehicle, trailer, or semi-trailer having any metal tire in contact with the roadway.
241(3)No person shall operate a motor vehicle equipped with a tire having on its periphery any block, stud, flange, cleat or spike, or any other protuberance of any material other than rubber that projects beyond the tread of the traction surface of the tire except as follows:
(a) it is permissible to use farm machinery with tires having protuberances which will not damage the highway,
(b) it is permissible to use tire chains,
(c) it is permissible to use studded snow tires of a type approved by the Registrar at any time except during the period commencing on the first day of May and ending on the fifteenth day of October in every year, and
(d) notwithstanding paragraph (c) the Minister of Transportation and Infrastructure may in cases of exceptional weather conditions, by order, enlarge the time for use of studded snow tires of a type approved by the Registrar.
241(4)The following may, in their discretion, issue special permits authorizing the operation upon a highway of farm tractors, of other farm machinery or of traction engines or tractors having movable tracks with transverse corrugations upon the periphery of the movable tracks, where such operation would otherwise be prohibited under this Act:
(a) local authorities, within their jurisdictions;
(b) the New Brunswick Highway Corporation, with respect to highways under its administration and control;
(c) a project company with the written consent of the New Brunswick Highway Corporation, with respect to highways under the administration and control of a project company; and
(d) the Minister of Transportation and Infrastructure, with respect to all other highways.
1955, c.13, s.214; 1965, c.29, s.14; 1972, c.48, s.45; 1977, c.M-11.1, s.17; 1978, c.D-11.2, s.26; 1978, c.39, s.12; 1986, c.56, s.10; 1997, c.62, s.13; 2006, c.13, s.22; 2010, c.31, s.85
Safety glass
242(1)No person shall sell any new motor vehicle as specified herein, nor shall any new motor vehicle as specified herein be registered, unless such vehicle is equipped with safety glass of a type approved by the Registrar wherever glass is used in doors, windows and windshields.
242(2)Subsection (1) applies to all passenger-type motor vehicles, including passenger buses and school buses, but in respect to trucks, including truck tractors, the requirements as to safety glass apply only to all glass in doors, windows, and windshields in the drivers’ compartments of such vehicles.
242(3)The term “safety glass” means any product composed of glass, so manufactured, fabricated, or treated as substantially to prevent shattering and flying of the glass when struck or broken, or such other or similar product as may be approved by the Registrar.
1955, c.13, s.215
Highway at night, highway at any time
243(1)No person shall operate on a highway at night time a motor truck having an overall width of two metres or more, a passenger bus, a motor vehicle towing a house trailer, or a truck tractor unless
(a) there are carried in such vehicle three portable reflector units or standards capable of reflecting red light clearly visible at a distance of one hundred fifty metres under normal atmospheric conditions at night time when directly in front of the lawful upper beams of head lamps located at a distance from the reflectors, and of a type approved by the Registrar, or
(b) there are carried in the vehicle at least two red cloth flags, not less than thirty centimetres square, with standards to support them, together with
(i) not fewer than three flares, each
(A) capable of burning continuously for twelve hours in a wind of eight kilometres per hour velocity,
(B) capable of burning in a wind of sixty kilometres per hour velocity,
(C) capable, when burning at night, of being seen and distinguished at a distance of one hundred fifty metres under normal atmospheric conditions,
(D) so constructed as to withstand reasonable shocks without leaking, and
(E) carried in the vehicle in a metal rack or box, and
not fewer than three red fusees, each capable when ignited of being seen and distinguished at night time under normal atmospheric conditions at a distance of one hundred fifty metres, or
(ii) not fewer than three red electric lanterns, each
(A) capable of operating continuously for twelve hours,
(B) capable of being seen and distinguished when lighted at night time under normal atmospheric conditions at a distance of one hundred fifty metres, and
(C) substantially constructed so as to withstand breakage.
243(2)No person shall operate on a highway at night time a motor vehicle used in the transportation of flammable liquids in bulk or transporting compressed flammable gases unless there are carried in such vehicle
(a) three red electric lanterns meeting the requirements of subparagraph (1)(b)(ii), or
(b) three portable reflector units meeting the requirements of paragraph (1)(a).
243(3)No person shall operate on a highway at any time a motor vehicle used in the transportation of flammable liquids in bulk or transporting flammable gases, in which there is being carried any flare or other signal produced by a flame.
1955, c.13, s.216; 1956, c.19, s.19; 1957, c.21, s.25; 1959, c.23, s.14; 1961-62, c.62, s.85; 1965, c.29, s.15; 1977, c.M-11.1, s.17; 1983, c.52, s.21; 1998, c.30, s.19
Disabled on highway at night
244(1)Notwithstanding section 225, where a motor vehicle is disabled on a highway at night time, the driver shall forthwith place a portable reflector unit or standard at a distance of approximately thirty metres to the rear of the motor vehicle at or near the edge of the roadway.
244(2)The portable reflector unit or standard displayed as required under subsection (1) shall conform with the requirements of section 243.
1965, c.29, s.16; 1966, c.81, s.12; 1973, c.59, s.1; 1977, c.M-11.1, s.17
Disabled on roadway or shoulder
245(1)Where a motor truck of two or more metres in width, including load, a passenger bus, truck tractor, trailer, semi-trailer or pole trailer is disabled or otherwise left standing upon a roadway or shoulder thereof, outside the jurisdiction of a local authority, the driver of that vehicle or of the motor vehicle towing the same shall
(a) if the vehicle is stopped during the day time, or at a time when lighted lamps are not required on vehicles under section 207, immediately display two red flags on the roadway in the lane of traffic occupied by the stopped vehicle, or when the vehicle is disabled or standing on the shoulder at the near edge of the roadway, one at a distance of approximately thirty metres in advance of the vehicle and one at a distance of approximately thirty metres to the rear of the vehicle:
(b) if such vehicle is stopped during the night time or at a time when lighted lamps are required on vehicles under section 207,
(i) immediately place a lighted fusee, or electric lantern on the roadway at the traffic side of the vehicle, and
(ii) within the burning period of the fusee, if one is used, and as promptly as possible place three lighted flares or three electric lanterns on the roadway one at a distance of approximately thirty metres in advance of the vehicle and one at a distance of approximately thirty metres to the rear of the vehicle, each in the centre of the lane of traffic occupied by the stopped vehicle or, when the vehicle is disabled or standing on the shoulder, at the near edge of the roadway, and one at the traffic side of the vehicle approximately five metres either rearward or forward thereof;
(c) if the vehicle is stopped during the day time or when lighted lamps are not required as aforesaid, and remains standing at a time when such lighted lamps are required on vehicles, place lighted flares or electric lanterns in the several locations specified in paragraph (b) at or before the time when such lamps are required to be lighted.
245(2)When a vehicle used in the transportation of flammable liquids in bulk, or transporting compressed flammable gases, is disabled or otherwise left standing upon a roadway or shoulder thereof, outside the jurisdiction of a local authority, the driver of such vehicle shall comply with the requirements of subsection (1) except that no flare, fusee or other signal produced by flame shall under any circumstances be used.
245(3)It shall be deemed a sufficient compliance with the provisions of this section if three portable reflector units are displayed at the times, in the locations and under the conditions specified in subsection (1).
245(4)The flares, fusees, lanterns, flags or reflector units displayed as required in this section shall conform with the requirements of section 243.
1955, c.13, s.217; 1956, c.19, s.19A; 1959, c.23, s.15; 1961-62, c.62, s.86; 1977, c.M-11.1, s.17
Repealed