Acts and Regulations

M-17 - Motor Vehicle Act

Section 142.01
Disposition versions

Full text
Construction zones
142.01(1)When a worker is present in a construction zone for which no signs giving notice of the maximum speed limit are erected, no person shall drive a vehicle in the construction zone at a speed in excess of
(a) 50 km/h in a municipality,
(b) the maximum speed limit prescribed in accordance with the provisions of section 141 or subsection (4), or
(c) 80 km/h in a rural community, regional municipality or rural district.
142.01(2)The Minister of Transportation and Infrastructure or any person authorized by the Minister of Transportation and Infrastructure may designate any part of a provincial highway as a construction zone, and every construction zone shall be marked by signs in accordance with this section.
142.01(3)The Minister of Transportation and Infrastructure may, for the purposes of subsection (2), authorize an official or employee of the New Brunswick Highway Corporation or a project company for the purposes of designating construction zones in respect of any part of a highway under its administration and control.
142.01(4)A local authority may, by by-law, designate parts of highways within its bounds and under its jurisdiction as a construction zone, and may prescribe for such parts a lower maximum speed limit than the maximum speed limit prescribed in subsection (1) for such highways, and every construction zone shall be marked by signs in accordance with this section.
142.01(5)A part of a highway that has been designated as a construction zone shall be marked at the commencement and at the end of the zone with signs facing approaching traffic.
142.01(6)Any person who violates the provisions of subsection (1)
(a) by driving at a speed of 25 km/h or less in excess of a speed limit referred to in that subsection commits an offence,
(b) by driving at a speed of more than 25 km/h but not more than 50 km/h in excess of a speed limit referred to in that subsection commits an offence, or
(c) by driving at a speed of more than 50 km/h in excess of a speed limit referred to in that subsection commits an offence.
142.01(7)Where in a prosecution for an offence under paragraph (6)(b) the offence is not proven but evidence is adduced of facts which would constitute an offence under paragraph (6)(a), the alleged violator may be convicted of an offence under paragraph (6)(a) despite the fact that the alleged violator was not charged with committing an offence under that paragraph.
142.01(8)Notwithstanding section 51 or subsection 56(3), (5) or (8) of the Provincial Offences Procedure Act, where a person is convicted of an offence under paragraph (6)(a), (b) or (c), the minimum fine shall be double the minimum fine specified in the Provincial Offences Procedure Act for that category of offence.
2007, c.44, s.12; 2010, c.31, s.85; 2017, c.46, s.5; 2023, c.7, s.10
Construction zones
142.01(1)No person shall drive a vehicle in a construction zone while a worker is present within the construction zone at a speed in excess of
(a) fifty kilometres per hour in an urban district,
(b) the speed limit prescribed in accordance with the provisions of section 141 or subsection (4), or
(c) eighty kilometres per hour in other locations where the speed limit is not otherwise posted.
142.01(2)The Minister of Transportation and Infrastructure or any person authorized by the Minister of Transportation and Infrastructure may designate any part of a provincial highway as a construction zone, and every construction zone shall be marked by signs in accordance with this section.
142.01(3)The Minister of Transportation and Infrastructure may, for the purposes of subsection (2), authorize an official or employee of the New Brunswick Highway Corporation or a project company for the purposes of designating construction zones in respect of any part of a highway under its administration and control.
142.01(4)A local authority may, by by-law, designate parts of highways within its bounds and under its jurisdiction as a construction zone, and may prescribe for such parts a lower rate of maximum speed than the rate of speed prescribed in subsection (1) for such highways, and every construction zone shall be marked by signs in accordance with this section.
142.01(5)A part of a highway that has been designated as a construction zone shall be marked at the commencement and at the end of the zone with signs facing approaching traffic.
142.01(6)Any person who violates the provisions of subsection (1)
(a) by driving at a speed of twenty-five kilometres per hour or less in excess of a speed limit referred to in that subsection commits an offence,
(b) by driving at a speed of more than twenty-five kilometres per hour but not more than fifty kilometres per hour in excess of a speed limit referred to in that subsection commits an offence, or
(c) by driving at a speed of more than fifty kilometres per hour in excess of a speed limit referred to in that subsection commits an offence.
142.01(7)Where in a prosecution for an offence under paragraph (6)(b) the offence is not proven but evidence is adduced of facts which would constitute an offence under paragraph (6)(a), the alleged violator may be convicted of an offence under paragraph (6)(a) notwithstanding that he was not charged with committing an offence thereunder.
142.01(8)Notwithstanding section 51 or subsection 56(3), (5) or (8) of the Provincial Offences Procedure Act, where a person is convicted of an offence under paragraph (6)(a), (b) or (c), the minimum fine shall be double the minimum fine specified in the Provincial Offences Procedure Act for that category of offence.
2007, c.44, s.12; 2010, c.31, s.85; 2017, c.46, s.5
Rules respecting speed
142.01(1)No person shall drive a vehicle in a construction zone while a worker is present within the construction zone at a speed in excess of
(a) fifty kilometres per hour in an urban district,
(b) the speed limit prescribed in accordance with the provisions of section 141 or subsection (4), or
(c) eighty kilometres per hour in other locations where the speed limit is not otherwise posted.
142.01(2)The Minister of Transportation and Infrastructure or any person authorized by the Minister of Transportation and Infrastructure may designate any part of a highway as a construction zone, and every construction zone shall be marked by signs in accordance with this section.
142.01(3)The Minister of Transportation and Infrastructure may, for the purposes of subsection (2), authorize an official or employee of the New Brunswick Highway Corporation or a project company for the purposes of designating construction zones in respect of any part of a highway under its administration and control.
142.01(4)A local authority may, by by-law, designate parts of highways within its bounds or under its jurisdiction as a construction zone, and may prescribe for such parts a lower rate of maximum speed than the rate of speed prescribed in subsection (1) for such highways, and every construction zone shall be marked by signs in accordance with this section.
142.01(5)A part of a highway that has been designated as a construction zone shall be marked at the commencement and at the end of the zone with signs facing approaching traffic.
142.01(6)Any person who violates the provisions of subsection (1)
(a) by driving at a speed of twenty-five kilometres per hour or less in excess of a speed limit referred to in that subsection commits an offence,
(b) by driving at a speed of more than twenty-five kilometres per hour but not more than fifty kilometres per hour in excess of a speed limit referred to in that subsection commits an offence, or
(c) by driving at a speed of more than fifty kilometres per hour in excess of a speed limit referred to in that subsection commits an offence.
142.01(7)Where in a prosecution for an offence under paragraph (6)(b) the offence is not proven but evidence is adduced of facts which would constitute an offence under paragraph (6)(a), the alleged violator may be convicted of an offence under paragraph (6)(a) notwithstanding that he was not charged with committing an offence thereunder.
142.01(8)Notwithstanding section 51 or subsection 56(3), (5) or (8) of the Provincial Offences Procedure Act, where a person is convicted of an offence under paragraph (6)(a), (b) or (c), the minimum fine shall be double the minimum fine specified in the Provincial Offences Procedure Act for that category of offence.
2007, c.44, s.12; 2010, c.31, s.85
Rules respecting speed
142.01(1)No person shall drive a vehicle in a construction zone while a worker is present within the construction zone at a speed in excess of
(a) fifty kilometres per hour in an urban district,
(b) the speed limit prescribed in accordance with the provisions of section 141 or subsection (4), or
(c) eighty kilometres per hour in other locations where the speed limit is not otherwise posted.
142.01(2)The Minister of Transportation and Infrastructure or any person authorized by the Minister of Transportation and Infrastructure may designate any part of a highway as a construction zone, and every construction zone shall be marked by signs in accordance with this section.
142.01(3)The Minister of Transportation and Infrastructure may, for the purposes of subsection (2), authorize an official or employee of the New Brunswick Highway Corporation or a project company for the purposes of designating construction zones in respect of any part of a highway under its administration and control.
142.01(4)A local authority may, by by-law, designate parts of highways within its bounds or under its jurisdiction as a construction zone, and may prescribe for such parts a lower rate of maximum speed than the rate of speed prescribed in subsection (1) for such highways, and every construction zone shall be marked by signs in accordance with this section.
142.01(5)A part of a highway that has been designated as a construction zone shall be marked at the commencement and at the end of the zone with signs facing approaching traffic.
142.01(6)Any person who violates the provisions of subsection (1)
(a) by driving at a speed of twenty-five kilometres per hour or less in excess of a speed limit referred to in that subsection commits an offence,
(b) by driving at a speed of more than twenty-five kilometres per hour but not more than fifty kilometres per hour in excess of a speed limit referred to in that subsection commits an offence, or
(c) by driving at a speed of more than fifty kilometres per hour in excess of a speed limit referred to in that subsection commits an offence.
142.01(7)Where in a prosecution for an offence under paragraph (6)(b) the offence is not proven but evidence is adduced of facts which would constitute an offence under paragraph (6)(a), the alleged violator may be convicted of an offence under paragraph (6)(a) notwithstanding that he was not charged with committing an offence thereunder.
142.01(8)Notwithstanding section 51 or subsection 56(3), (5) or (8) of the Provincial Offences Procedure Act, where a person is convicted of an offence under paragraph (6)(a), (b) or (c), the minimum fine shall be double the minimum fine specified in the Provincial Offences Procedure Act for that category of offence.
2007, c.44, s.12; 2010, c.31, s.85
Rules respecting speed
142.01(1)No person shall drive a vehicle in a construction zone while a worker is present within the construction zone at a speed in excess of
(a) fifty kilometres per hour in an urban district,
(b) the speed limit prescribed in accordance with the provisions of section 141 or subsection (4), or
(c) eighty kilometres per hour in other locations where the speed limit is not otherwise posted.
142.01(2)The Minister of Transportation or any person authorized by the Minister of Transportation may designate any part of a highway as a construction zone, and every construction zone shall be marked by signs in accordance with this section.
142.01(3)The Minister of Transportation may, for the purposes of subsection (2), authorize an official or employee of the New Brunswick Highway Corporation or a project company for the purposes of designating construction zones in respect of any part of a highway under its administration and control.
142.01(4)A local authority may, by by-law, designate parts of highways within its bounds or under its jurisdiction as a construction zone, and may prescribe for such parts a lower rate of maximum speed than the rate of speed prescribed in subsection (1) for such highways, and every construction zone shall be marked by signs in accordance with this section.
142.01(5)A part of a highway that has been designated as a construction zone shall be marked at the commencement and at the end of the zone with signs facing approaching traffic.
142.01(6)Any person who violates the provisions of subsection (1)
(a) by driving at a speed of twenty-five kilometres per hour or less in excess of a speed limit referred to in that subsection commits an offence,
(b) by driving at a speed of more than twenty-five kilometres per hour but not more than fifty kilometres per hour in excess of a speed limit referred to in that subsection commits an offence, or
(c) by driving at a speed of more than fifty kilometres per hour in excess of a speed limit referred to in that subsection commits an offence.
142.01(7)Where in a prosecution for an offence under paragraph (6)(b) the offence is not proven but evidence is adduced of facts which would constitute an offence under paragraph (6)(a), the alleged violator may be convicted of an offence under paragraph (6)(a) notwithstanding that he was not charged with committing an offence thereunder.
142.01(8)Notwithstanding section 51 or subsection 56(3), (5) or (8) of the Provincial Offences Procedure Act, where a person is convicted of an offence under paragraph (6)(a), (b) or (c), the minimum fine shall be double the minimum fine specified in the Provincial Offences Procedure Act for that category of offence.
2007, c.44, s.12