Acts and Regulations

M-17 - Motor Vehicle Act

Full text
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)
“approved drug screening equipment” means approved drug screening equipment as defined in section 320.11 of the Criminal Code (Canada);(matériel de détection des drogues approuvé)
“approved instrument” means an approved instrument as defined in section 320.11 of the Criminal Code (Canada);(éthylomètre approuvé)
“approved screening device” means an approved screening device as defined in section 320.11 of the Criminal Code (Canada);(appareil de détection approuvé)
“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)
“daytime running lights” means lights designed to be used on a motor vehicle for the purpose of making the motor vehicle more visible when it is viewed from the front in the daylight;(feux de 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)
“evaluating officer” means an evaluating officer as defined in section 320.11 of the Criminal Code (Canada);(agent évaluateur)
“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, not furnished and issued for the current registration year or that is attached to a vehicle other than that for which it was issued, but does not include(fausse plaque d’immatriculation)
(a) a registration plate on a foreign vehicle lawfully operated in New Brunswick,
(b) a novelty plate not furnished and issued by the Division that is attached to the front of a vehicle that has a gross mass of less than 4 500 kg, or
(c) a registration plate not furnished and issued for the current registration year that is attached to the front of a motorcycle, an antique vehicle, a trailer, a semi-trailer or a vehicle that has a gross mass of less than 4 500 kg;
“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 local government as defined in subsection 1(1) of the Local Governance Act; (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)
“motorcycle learner’s licence” means a valid and subsisting licence prescribed by regulation for the purpose of section 84.11;(permis d’apprenti pour 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)
“municipality” means a city, town or village.(municipalité)
“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)
“novice motorcycle driver” means the holder of a motorcycle learner’s licence;(conducteur débutant de motocyclette)
“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)
“professional engineer” means a member or licensee under the Engineering and Geoscience Professions Act;(ingénieur)
“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 Registrars 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 area” means that part of a highway designated as a school area by the Minister of Transportation and Infrastructure under section 140.2, a municipality under subsection 142(2) or a rural community or regional municipality under subsection 142(2.1);(aire scolaire)
“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 as a school zone by the Minister of Transportation and Infrastructure under section 140.1, a municipality under subsection 142(2) or a rural community or regional municipality under subsection 142(2.1);(zone scolaire)
“school zone” Repealed: 2023, c.7, s.1
“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” Repealed: 2020, c.16, s.2
“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 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)
“trail groomer” means a vehicle that is equipped with skis, treads or a combination of both and used to groom trails;(dameuse)
“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” Repealed: 2023, c.7, s.1
“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)
“vehicle-for-hire company” means a person who uses or offers a technology platform to facilitate the offer of vehicle-for-hire services; (société de voiturage)
“vehicle-for-hire service” means a service consisting of the prearranged transportation of passengers for compensation offered by a driver of a private passenger vehicle through a vehicle-for-hire company;(voiturage)
“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; 2014, c.44, s.1; 2016, c.8, s.1; 2016, c.37, s.111; 2017, c.20, s.103; 2017, c.46, s.1; 2017, c.54, s.1; 2017, c.54, s.25; 2019, c.2, s.92; 2019, c.6, s.1; 2020, c.16, s.2; 2020, c.25, s.73; 2020, c.30, s.1; 2022, c.28, s.34; 2023, c.7, s.1
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)
“approved drug screening equipment” means approved drug screening equipment as defined in section 320.11 of the Criminal Code (Canada);(matériel de détection des drogues approuvé)
“approved instrument” means an approved instrument as defined in section 320.11 of the Criminal Code (Canada);(éthylomètre approuvé)
“approved screening device” means an approved screening device as defined in section 320.11 of the Criminal Code (Canada);(appareil de détection approuvé)
“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)
“daytime running lights” means lights designed to be used on a motor vehicle for the purpose of making the motor vehicle more visible when it is viewed from the front in the daylight;(feux de 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)
“evaluating officer” means an evaluating officer as defined in section 320.11 of the Criminal Code (Canada);(agent évaluateur)
“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, not furnished and issued for the current registration year or that is attached to a vehicle other than that for which it was issued, but does not include(fausse plaque d’immatriculation)
(a) a registration plate on a foreign vehicle lawfully operated in New Brunswick,
(b) a novelty plate not furnished and issued by the Division that is attached to the front of a vehicle that has a gross mass of less than 4 500 kg, or
(c) a registration plate not furnished and issued for the current registration year that is attached to the front of a motorcycle, an antique vehicle, a trailer, a semi-trailer or a vehicle that has a gross mass of less than 4 500 kg;
“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 local government as defined in subsection 1(1) of the Local Governance Act; (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)
“motorcycle learner’s licence” means a valid and subsisting licence prescribed by regulation for the purpose of section 84.11;(permis d’apprenti pour 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)
“municipality” means a city, town or village.(municipalité)
“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)
“novice motorcycle driver” means the holder of a motorcycle learner’s licence;(conducteur débutant de motocyclette)
“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)
“professional engineer” means a member or licensee under the Engineering and Geoscience Professions Act;(ingénieur)
“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 Registrars 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” Repealed: 2020, c.16, s.2
“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)
“trail groomer” means a vehicle that is equipped with skis, treads or a combination of both and used to groom trails;(dameuse)
“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 local government as defined in subsection 1(1) of the Local Governance 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)
“vehicle-for-hire company” means a person who uses or offers a technology platform to facilitate the offer of vehicle-for-hire services; (société de voiturage)
“vehicle-for-hire service” means a service consisting of the prearranged transportation of passengers for compensation offered by a driver of a private passenger vehicle through a vehicle-for-hire company;(voiturage)
“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; 2014, c.44, s.1; 2016, c.8, s.1; 2016, c.37, s.111; 2017, c.20, s.103; 2017, c.46, s.1; 2017, c.54, s.1; 2017, c.54, s.25; 2019, c.2, s.92; 2019, c.6, s.1; 2020, c.16, s.2; 2020, c.25, s.73; 2020, c.30, s.1; 2022, c.28, s.34
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)
“approved drug screening equipment” means approved drug screening equipment as defined in section 320.11 of the Criminal Code (Canada);(matériel de détection des drogues approuvé)
“approved instrument” means an approved instrument as defined in section 320.11 of the Criminal Code (Canada);(éthylomètre approuvé)
“approved screening device” means an approved screening device as defined in section 320.11 of the Criminal Code (Canada);(appareil de détection approuvé)
“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)
“daytime running lights” means lights designed to be used on a motor vehicle for the purpose of making the motor vehicle more visible when it is viewed from the front in the daylight;(feux de 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)
“evaluating officer” means an evaluating officer as defined in section 320.11 of the Criminal Code (Canada);(agent évaluateur)
“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, not furnished and issued for the current registration year or that is attached to a vehicle other than that for which it was issued, but does not include(fausse plaque d’immatriculation)
(a) a registration plate on a foreign vehicle lawfully operated in New Brunswick,
(b) a novelty plate not furnished and issued by the Division that is attached to the front of a vehicle that has a gross mass of less than 4 500 kg, or
(c) a registration plate not furnished and issued for the current registration year that is attached to the front of a motorcycle, an antique vehicle, a trailer, a semi-trailer or a vehicle that has a gross mass of less than 4 500 kg;
“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 local government as defined in subsection 1(1) of the Local Governance Act; (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 Justice and 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)
“motorcycle learner’s licence” means a valid and subsisting licence prescribed by regulation for the purpose of section 84.11;(permis d’apprenti pour 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)
“municipality” means a city, town or village.(municipalité)
“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)
“novice motorcycle driver” means the holder of a motorcycle learner’s licence;(conducteur débutant de motocyclette)
“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)
“professional engineer” means a member or licensee under the Engineering and Geoscience Professions Act;(ingénieur)
“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 Registrars 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” Repealed: 2020, c.16, s.2
“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)
“trail groomer” means a vehicle that is equipped with skis, treads or a combination of both and used to groom trails;(dameuse)
“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 local government as defined in subsection 1(1) of the Local Governance 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)
“vehicle-for-hire company” means a person who uses or offers a technology platform to facilitate the offer of vehicle-for-hire services; (société de voiturage)
“vehicle-for-hire service” means a service consisting of the prearranged transportation of passengers for compensation offered by a driver of a private passenger vehicle through a vehicle-for-hire company;(voiturage)
“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; 2014, c.44, s.1; 2016, c.8, s.1; 2016, c.37, s.111; 2017, c.20, s.103; 2017, c.46, s.1; 2017, c.54, s.1; 2017, c.54, s.25; 2019, c.2, s.92; 2019, c.6, s.1; 2020, c.16, s.2; 2020, c.25, s.73; 2020, c.30, s.1
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)
“approved drug screening equipment” means approved drug screening equipment as defined in section 320.11 of the Criminal Code (Canada);(matériel de détection des drogues approuvé)
“approved instrument” means an approved instrument as defined in section 320.11 of the Criminal Code (Canada);(éthylomètre approuvé)
“approved screening device” means an approved screening device as defined in section 320.11 of the Criminal Code (Canada);(appareil de détection approuvé)
“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)
“daytime running lights” means lights designed to be used on a motor vehicle for the purpose of making the motor vehicle more visible when it is viewed from the front in the daylight;(feux de 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)
“evaluating officer” means an evaluating officer as defined in section 320.11 of the Criminal Code (Canada);(agent évaluateur)
“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, not furnished and issued for the current registration year or that is attached to a vehicle other than that for which it was issued, but does not include(fausse plaque d’immatriculation)
(a) a registration plate on a foreign vehicle lawfully operated in New Brunswick,
(b) a novelty plate not furnished and issued by the Division that is attached to the front of a vehicle that has a gross mass of less than 4 500 kg, or
(c) a registration plate not furnished and issued for the current registration year that is attached to the front of a motorcycle, an antique vehicle, a trailer, a semi-trailer or a vehicle that has a gross mass of less than 4 500 kg;
“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 local government as defined in subsection 1(1) of the Local Governance Act; (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 Justice and 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)
“motorcycle learner’s licence” means a valid and subsisting licence prescribed by regulation for the purpose of section 84.11;(permis d’apprenti pour 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)
“municipality” means a city, town or village.(municipalité)
“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)
“novice motorcycle driver” means the holder of a motorcycle learner’s licence;(conducteur débutant de motocyclette)
“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)
“professional engineer” means a member or licensee under the Engineering and Geoscience Professions Act;(ingénieur)
“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 Registrars 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 local government as defined in subsection 1(1) of the Local Governance 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)
“vehicle-for-hire company” means a person who uses or offers a technology platform to facilitate the offer of vehicle-for-hire services; (société de voiturage)
“vehicle-for-hire service” means a service consisting of the prearranged transportation of passengers for compensation offered by a driver of a private passenger vehicle through a vehicle-for-hire company;(voiturage)
“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; 2014, c.44, s.1; 2016, c.8, s.1; 2016, c.37, s.111; 2017, c.20, s.103; 2017, c.46, s.1; 2017, c.54, s.1; 2017, c.54, s.25; 2019, c.2, s.92; 2019, c.6, s.1; 2020, c.25, s.73; 2020, c.30, s.1
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)
“approved drug screening equipment” means approved drug screening equipment as defined in section 320.11 of the Criminal Code (Canada);(matériel de détection des drogues approuvé)
“approved instrument” means an approved instrument as defined in section 320.11 of the Criminal Code (Canada);(éthylomètre approuvé)
“approved screening device” means an approved screening device as defined in section 320.11 of the Criminal Code (Canada);(appareil de détection approuvé)
“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)
“daytime running lights” means lights designed to be used on a motor vehicle for the purpose of making the motor vehicle more visible when it is viewed from the front in the daylight;(feux de 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)
“evaluating officer” means an evaluating officer as defined in section 320.11 of the Criminal Code (Canada);(agent évaluateur)
“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, not furnished and issued for the current registration year or that is attached to a vehicle other than that for which it was issued, but does not include(fausse plaque d’immatriculation)
(a) a registration plate on a foreign vehicle lawfully operated in New Brunswick,
(b) a novelty plate not furnished and issued by the Division that is attached to the front of a vehicle that has a gross mass of less than 4 500 kg, or
(c) a registration plate not furnished and issued for the current registration year that is attached to the front of a motorcycle, an antique vehicle, a trailer, a semi-trailer or a vehicle that has a gross mass of less than 4 500 kg;
“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 local government as defined in subsection 1(1) of the Local Governance Act; (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)
“motorcycle learner’s licence” means a valid and subsisting licence prescribed by regulation for the purpose of section 84.11;(permis d’apprenti pour 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)
“municipality” means a city, town or village.(municipalité)
“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)
“novice motorcycle driver” means the holder of a motorcycle learner’s licence;(conducteur débutant de motocyclette)
“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)
“professional engineer” means a member or licensee under the Engineering and Geoscience Professions Act;(ingénieur)
“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 Registrars 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 local government as defined in subsection 1(1) of the Local Governance 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; 2014, c.44, s.1; 2016, c.8, s.1; 2016, c.37, s.111; 2017, c.20, s.103; 2017, c.46, s.1; 2017, c.54, s.1; 2017, c.54, s.25; 2019, c.2, s.92; 2019, c.6, s.1
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)
“approved drug screening equipment” means approved drug screening equipment as defined in section 320.11 of the Criminal Code (Canada);(matériel de détection des drogues approuvé)
“approved instrument” means an approved instrument as defined in section 320.11 of the Criminal Code (Canada);(éthylomètre approuvé)
“approved screening device” means an approved screening device as defined in section 320.11 of the Criminal Code (Canada);(appareil de détection approuvé)
“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)
“daytime running lights” means lights designed to be used on a motor vehicle for the purpose of making the motor vehicle more visible when it is viewed from the front in the daylight;(feux de 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)
“evaluating officer” means an evaluating officer as defined in section 320.11 of the Criminal Code (Canada);(agent évaluateur)
“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 local government as defined in subsection 1(1) of the Local Governance Act; (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)
“motorcycle learner’s licence” means a valid and subsisting licence prescribed by regulation for the purpose of section 84.11;(permis d’apprenti pour 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)
“municipality” means a city, town or village.(municipalité)
“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)
“novice motorcycle driver” means the holder of a motorcycle learner’s licence;(conducteur débutant de motocyclette)
“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)
“professional engineer” means a member or licensee under the Engineering and Geoscience Professions Act;(ingénieur)
“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 Registrars 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 local government as defined in subsection 1(1) of the Local Governance 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; 2014, c.44, s.1; 2016, c.8, s.1; 2016, c.37, s.111; 2017, c.20, s.103; 2017, c.46, s.1; 2017, c.54, s.1; 2017, c.54, s.25; 2019, c.2, s.92
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)
“approved drug screening equipment” means approved drug screening equipment as defined in section 320.11 of the Criminal Code (Canada);(matériel de détection des drogues approuvé)
“approved instrument” means an approved instrument as defined in section 320.11 of the Criminal Code (Canada);(éthylomètre approuvé)
“approved screening device” means an approved screening device as defined in section 320.11 of the Criminal Code (Canada);(appareil de détection approuvé)
“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)
“daytime running lights” means lights designed to be used on a motor vehicle for the purpose of making the motor vehicle more visible when it is viewed from the front in the daylight;(feux de 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)
“evaluating officer” means an evaluating officer as defined in section 320.11 of the Criminal Code (Canada);(agent évaluateur)
“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 local government as defined in subsection 1(1) of the Local Governance Act; (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 Justice and 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)
“motorcycle learner’s licence” means a valid and subsisting licence prescribed by regulation for the purpose of section 84.11;(permis d’apprenti pour 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)
“municipality” means a city, town or village.(municipalité)
“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)
“novice motorcycle driver” means the holder of a motorcycle learner’s licence;(conducteur débutant de motocyclette)
“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)
“professional engineer” means a member or licensee under the Engineering and Geoscience Professions Act;(ingénieur)
“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 Registrars 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 local government as defined in subsection 1(1) of the Local Governance 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; 2014, c.44, s.1; 2016, c.8, s.1; 2016, c.37, s.111; 2017, c.20, s.103; 2017, c.46, s.1; 2017, c.54, s.1; 2017, c.54, s.25
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)
“approved instrument” means an approved instrument as defined in section 254 of the Criminal Code (Canada);(alcootest approuvé)
“approved screening device” means an approved screening device as defined in section 254 of the Criminal Code (Canada);(appareil de détection approuvé)
“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)
“daytime running lights” means lights designed to be used on a motor vehicle for the purpose of making the motor vehicle more visible when it is viewed from the front in the daylight;(feux de 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 local government as defined in subsection 1(1) of the Local Governance Act; (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 Justice and 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)
“motorcycle learner’s licence” means a valid and subsisting licence prescribed by regulation for the purpose of section 84.11;(permis d’apprenti pour 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)
“municipality” means a city, town or village.(municipalité)
“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)
“novice motorcycle driver” means the holder of a motorcycle learner’s licence;(conducteur débutant de motocyclette)
“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)
“professional engineer” means a member or licensee under the Engineering and Geoscience Professions Act;(ingénieur)
“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 Registrars 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 local government as defined in subsection 1(1) of the Local Governance 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; 2014, c.44, s.1; 2016, c.8, s.1; 2016, c.37, s.111; 2017, c.20, s.103; 2017, c.46, s.1
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)
“approved instrument” means an approved instrument as defined in section 254 of the Criminal Code (Canada);(alcootest approuvé)
“approved screening device” means an approved screening device as defined in section 254 of the Criminal Code (Canada);(appareil de détection approuvé)
“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)
“daytime running lights” means lights designed to be used on a motor vehicle for the purpose of making the motor vehicle more visible when it is viewed from the front in the daylight;(feux de 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 local government as defined in subsection 1(1) of the Local Governance Act; (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 Justice and 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)
“motorcycle learner’s licence” means a valid and subsisting licence prescribed by regulation for the purpose of section 84.11;(permis d’apprenti pour 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)
“novice motorcycle driver” means the holder of a motorcycle learner’s licence;(conducteur débutant de motocyclette)
“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 Registrars 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 local government as defined in subsection 1(1) of the Local Governance 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; 2014, c.44, s.1; 2016, c.8, s.1; 2016, c.37, s.111; 2017, c.20, s.103
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)
“approved instrument” means an approved instrument as defined in section 254 of the Criminal Code (Canada);(alcootest approuvé)
“approved screening device” means an approved screening device as defined in section 254 of the Criminal Code (Canada);(appareil de détection approuvé)
“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)
“daytime running lights” means lights designed to be used on a motor vehicle for the purpose of making the motor vehicle more visible when it is viewed from the front in the daylight;(feux de 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 Justice and 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)
“motorcycle learner’s licence” means a valid and subsisting licence prescribed by regulation for the purpose of section 84.11;(permis d’apprenti pour 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)
“novice motorcycle driver” means the holder of a motorcycle learner’s licence;(conducteur débutant de motocyclette)
“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 Registrars 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; 2014, c.44, s.1; 2016, c.8, s.1; 2016, c.37, s.111
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 Justice and 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)
“motorcycle learner’s licence” means a valid and subsisting licence prescribed by regulation for the purpose of section 84.11;(permis d’apprenti pour 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)
“novice motorcycle driver” means the holder of a motorcycle learner’s licence;(conducteur débutant de motocyclette)
“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; 2014, c.44, s.1; 2016, c.37, s.111
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)
“motorcycle learner’s licence” means a valid and subsisting licence prescribed by regulation for the purpose of section 84.11;(permis d’apprenti pour 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)
“novice motorcycle driver” means the holder of a motorcycle learner’s licence;(conducteur débutant de motocyclette)
“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; 2014, c.44, s.1
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
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
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) forest service 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
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” , used with reference to a vehicle means and includes 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) forest service 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
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 or any person authorized by the Minister of Transportation 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” , used with reference to a vehicle means and includes 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) forest service 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 pursuant to section 140.1, or a local authority pu