BILL NO. 83

1st Session, 57th General Assembly
Nova Scotia
47 Elizabeth II, 1998

Private Member's Bill

Motor Vehicle Act
(amended)

John F. Hamm, M.D.
Pictou Centre

First Reading: November 19, 1998

(Explanatory Notes)

Second Reading: November 23, 1998

Third Reading: December 2, 1998 (WITH COMMITTEE AMENDMENTS)

Clause 1

(a) increases the period of time for which a person's licence is revoked following a conviction for an alcohol-related offence from one year for a first conviction, two years for a second conviction and five years for a third or subsequent conviction to one year for a first conviction, three years for a second conviction and indefinitely for a third or subsequent conviction;

(b) lengthens the time period used to determine whether a conviction is a second or subsequent conviction from a revocation for the same offence within the previous five years to a revocation for the same offence within the previous ten years;

(c) requires a person whose driver's licence has been revoked for an alcohol-related offence to participate in an alcohol rehabilitation program before the Registrar of Motor Vehicles can reinstate the person's licence;

(d) lengthens the period of time which must pass before a person can apply to a judge to have their licence restored from three years to five years;

(e) provides that a person whose driver's licence has been revoked for an alcohol-related offence must comply with the conditions prescribed by the Governor in Council for restoration of a licence before a judge can recommend restoration of driving privileges; and

(f) provides that where a person's licence is revoked for a fourth time for an alcohol-related offence the revocation is permanent and no application may be made to reinstate the person's licence.

Clause 2 provides that the Registrar of Motor Vehicles may impound a vehicle where a peace officer is satisfied that a person was driving a motor vehicle on a highway while the person's licence was suspended for a violation of the Criminal Code.

Clause 3 provides that the Act has effect on and after January 1, 1999.

Be it enacted by the Governor and Assembly as follows:

1 (1) Subsection 67(5) of Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, is amended by

(a) striking out "or for a violation of section 253 or 254 or subsection 255(1) of the Criminal Code, being Chapter C-46 of the Revised Statutes of Canada, 1985, that occurred on or after the fourth day of December, 1985" in the last five lines of clause (b);

(b) adding immediately after clause (b) the following clause:

(ba) one year in the case of a first revocation, three years in the case of a second revocation and indefinitely in the case of a third or subsequent revocation where the revocation was for a violation of section 253, 254, subsection 255(1) or subsection 259(4) of the Criminal Code, being Chapter C-46 of the Revised Statutes of Canada, 1985, that occurred on or after the first day of January, 1999;

(c) striking out "or subsection 259(4) of the Criminal Code, being Chapter C-46 of the Revised Statutes of Canada, 1985, that occurred on or after the fourth day of December, 1985," in the eighth, ninth, tenth and eleventh lines of clause (e).

(2) Section 67 of Chapter 293 is further amended by adding immediately after subsection (6) the following subsection:

(6A) For the purpose of clause (ba) of subsection (5), a revocation is a second or subsequent revocation where the driver's license or the privilege of obtaining a driver's license of the applicant was revoked for the same or any other offence mentioned in clause (ba) within the previous ten years.

(4) Subsection 67(19) of Chapter 293 is amended by striking out "three" in the fifth line and substituting "five".

(5) Subsection 67(21) of Chapter 293 is amended by

(a) striking out "and" in the third line and substituting a comma; and

(b) adding "and that the applicant has complied with the conditions for restoration of a driver's license prescribed by the Governor in Council by regulation" immediately after "license" in the fifth line.

(6) Section 67 of Chapter 293 is further amended by adding immediately after subsection (21) the following subsection:

(21A) Notwithstanding anything contained in this Section, where a driver's license is revoked for the fourth time for a violation of section 253, 254, subsection 255(1) or subsection 259(4) of the Criminal Code, no application may be made pursuant to this Section for the restoration of the driver's license and, for greater certainty, the revocation of the driver's license is permanent.

2 Chapter 293 is further amended by adding immediately after Section 291 the following heading and Sections:

IMPOUNDING OF VEHICLE

291A (1) In this Section,

(a) "operator" means the person directly or indirectly responsible for the operation of a commercial motor vehicle, including the conduct of the driver of, and the carriage of goods or passengers, if any, in the commercial motor vehicle or combination of vehicles;

(b) "owner" means the person whose name appears on the certificate of registration for the vehicle.

(2) Where a peace officer is satisfied that a person was driving a motor vehicle on a highway while the person's license is under suspension pursuant to this Act for a violation of the Criminal Code, including an alcohol-related offence as defined in subsection (12) of Section 67, the peace officer shall

(a) notify the Registrar of the fact or cause the Registrar to be notified; and

(b) detain the motor vehicle that was being driven by the person whose driver's license is under suspension until the Registrar issues an order pursuant to subsection (3).

(3) Upon notification pursuant to subsection (2), the Registrar may, without a hearing, issue an order to release the motor vehicle or issue an order to impound the motor vehicle that was being driven by the driver whose driver's license is under suspension, as follows:

(a) for forty-five days, if an order to impound under this Section has not previously been made, within a prescribed period, with respect to any motor vehicle then owned by the owner of the vehicle currently being impounded;

(b) for ninety days, if one order to impound under this Section has previously been made, within a prescribed period, with respect to any motor vehicle then owned by the owner of the vehicle currently being impounded;

(c) for one hundred and eighty days, if more than one order to impound under this Section has previously been made, within a prescribed period, with respect to any motor vehicle then owned by the owner of the vehicle currently being impounded.

(4) The order to impound issued pursuant to this Section is intended to promote compliance with this Act and to thereby safeguard the public and does not constitute an alternative to any proceeding or penalty arising from the same circumstances or around the same time.

(5) The Registrar shall notify a peace officer of an order made pursuant to subsection (3) and shall send notice of the order to the owner of the motor vehicle at the most recent address for the owner appearing in the records of the Registrar.

(6) Upon notification of the Registrar's order to release the motor vehicle, a peace officer shall forthwith release the motor vehicle to its owner.

(7) Upon notification of the Registrar's order to impound the motor vehicle, a peace officer shall serve the order or notice of it on the driver.

(8) Service of the order, or notice of it, on the driver of the motor vehicle is deemed to be service on and sufficient notice to the owner of the vehicle and the operator of the vehicle, if there is an operator.

(9) If the motor vehicle that is the subject of the order to impound contains goods, the peace officer may require the driver and any other person present who is in charge of the motor vehicle to surrender all documents in that person's possession or in the vehicle that relate to the operation of the vehicle or to the carriage of the goods and to furnish all information within that person's knowledge relating to the details of the current trip and the ownership of the goods.

(10) Upon being served, or being deemed to have been served, with the order to impound or notice of it, the operator of the motor vehicle, or if there is no operator, the owner, shall forthwith remove any vehicle drawn by the motor vehicle and any load from the motor vehicle.

(11) If the goods are dangerous goods within the meaning of the Dangerous Goods Transportation Act, the operator, or if there is no operator, the owner, shall remove the goods in accordance with that Act.

(12) If, in the opinion of the peace officer, the operator or owner fails to remove a drawn vehicle or load as required by subsection (10) within a reasonable time after being served or being deemed to have been served with the order to impound, the peace officer may cause the drawn vehicle or load to be removed and stored or disposed of at the cost and risk of the operator, or if there is no operator, the owner.

(13) If a peace officer is of the opinion that the operator or owner has not made appropriate arrangements for the removal of a drawn vehicle or load, having regard to the nature of the goods, including the fact that they are or appear to be dangerous goods, within the meaning of the Dangerous Goods Transportation Act, or are perishable, the peace officer may cause the drawn vehicle or load to be removed, stored or otherwise disposed of at the cost and risk of the operator, or if there is no operator, the owner.

(14) Upon service or deemed service of the order to impound or notice of it being effected, or, if the motor vehicle that is subject to the order was drawing a vehicle or had a load, once the drawn vehicle and load have been removed, the motor vehicle shall, at the cost of and risk to the owner, be

(a) removed to an impound facility as directed by the peace officer; and

(b) impounded for the period set out in the order to impound or until ordered to be released by the Registrar pursuant to Section 291B.

(15) Any personal property that is left in the impounded motor vehicle and that is not attached to or used in connection with its operation shall, upon request and proof of ownership, be made available, at reasonable times, to the owner of the property.

(16) Upon the expiry of the period of impoundment, the Registrar shall order that the motor vehicle be released to its owner from the impound facility.

(17) Notwithstanding being served with an order pursuant to subsection (16) by the owner of the motor vehicle, the person who operates the impound facility is not required to release the motor vehicle to the owner until the owner pays the removal and impound costs related to the Registrar's order to impound.

(18) The costs incurred by the person who operates the impound facility in respect of an order to impound pursuant to this Section constitute a lien on the motor vehicle.

(19) The costs incurred by the Crown in removing, storing or disposing of a drawn vehicle or load from a motor vehicle pursuant to subsection (10) or (13) are a debt due to the Crown and may be recovered by the Crown in any court of competent jurisdiction.

(20) Persons who provide removal services or load removal services or who operate impound facilities, and their subcontractors, are independent contractors and not agents of the Department for the purpose of this Section and such persons shall not charge more for their services in connection with this Section than is permitted by regulation.

(21) The owner of a motor that is subject to an order to impound pursuant to this Section may bring an action against the driver of the motor vehicle at the time the order was made to recover any costs or other losses incurred by the owner in connection with the order.

(22) No action or other proceeding for damages shall be instituted against the Registrar or any employee of the Department for any act done in good faith in the execution or intended execution of the person's duty under this Section or for any alleged neglect or default in the execution in good faith of that duty.

(23) Subsection (22) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in that subsection to which it would otherwise be subject.

(24) Every person who fails to comply with subsection (10) or with a requirement of a peace officer under subsection (9) is guilty of an offence and is liable to a fine of not less than two hundred dollars and not more than twenty thousand dollars.

(25) Every person who drives or operates or removes a motor vehicle that is subject to an order to impound pursuant to this Section and every person who causes or permits such a motor vehicle to be driven, operated or removed is guilty of an offence and liable to a fine of not less than two hundred and not more than twenty thousand dollars.

(26) Every person who provides removal services or who operates an impound facility and who charges fees for services provided in connection with this Section in excess of those permitted by regulation is guilty of an offence and liable to a fine of not less than one hundred dollars and not more than one thousand dollars.

(27) Every person who obstructs or interferes with a peace officer in the performance of the peace officer's duties under this Section is guilty of an offence and liable to a fine of not less than two hundred and not more than twenty thousand dollars or to imprisonment for a term of not more than six months, or to both.

(28) The Governor in Council may make regulations

(a) prescribing the period for the purpose of subsection (3);

(b) prescribing a schedule of fees that may be charged by independent contractors for services in connection with this Section;

(c) prescribing the manner in which orders may be issued and notification of them given pursuant to this Section;

(d) prescribing methods for and rules of service for any notices or orders required to be served pursuant to this Section;

(e) classifying persons and motor vehicles and exempting any class of person or any class of motor vehicle from any provision of this Section or any regulation made pursuant to this Section and prescribing conditions for any such exemptions;

(f) prescribing fees for the administration of this Section;

(g) deemed necessary or advisable to carry out effectively the intent and purpose of this Section.

291B (1) The owner of a motor vehicle that is subject to an order to impound pursuant to Section 291A may, upon paying the prescribed fee, appeal the order to the Minister.

(2) The owner and the Registrar are the parties to an appeal pursuant to this Section.

(3) The only grounds on which an owner may appeal pursuant to subsection (1) and the only grounds on which the Minister may set aside the order to impound are that

(a) the motor vehicle that is subject to the order was taken without the consent of the owner at the time in respect of which the order was made;

(b) the driver's license of the driver of the motor vehicle at the time in respect of which the order was made was not then under suspension;

(c) the owner of the motor vehicle exercised due diligence in attempting to determine that the driver's license of the driver of the motor vehicle at the time in respect of which the order was made was not then under suspension; or

(d) the order will result in exceptional hardship.

(4) Clause (d) of subsection (3) does not apply if an order to impound under Section 291A was previously made with respect to any motor vehicle then owned by the same owner.

(5) The Minister may confirm or set aside an order to impound.

(6) The Minister shall give written notice of the Minister's decision to the owner and the Registrar.

(7) If the Minister sets aside the order, the Registrar, upon receipt of the notice,

(a) shall issue an order to release the vehicle;

(b) shall pay the owner the amount incurred by the owner as a result of the order to impound, for removing and impounding the vehicle, not including any amount for economic losses; and

(c) shall pay the operator or the owner the amount incurred by the operator or owner, as a result of the order to impound, for removing the load or drawn vehicle from the motor vehicle, not including any amount for economic losses.

(8) The decision of the Minister under this Section is final and binding.

(9) The filing of an appeal pursuant to this Section does not suspend or terminate the order to impound pursuant to Section 291A.

(10) In this Section,

(a) "operator" has the same meaning as in Section 291A;

(b) "owner" means the person whose name appears on the certificate of registration for the vehicle, and, where the certificate of registration for the vehicle consists of a vehicle portion and a plate portion, means the person whose name appears on the vehicle portion.

291C (1) The owner of a commercial motor vehicle or trailer that is subject to an order to impound under Section 291A may, upon paying the prescribed fee, appeal the order to the Minister.

(2) The owner and the Registrar are the parties to an appeal pursuant to this Section.

(3) The only grounds on which an owner may appeal pursuant to subsection (1) and the only grounds on which the Minister may set aside the order to impound are that

(a) the motor vehicle that is subject to the order was taken without the consent of the owner at the time in respect of which the order was made;

(b) the driver's license of the driver of the motor vehicle at the time in respect of which the order was made was not then under suspension;

(c) the owner of the motor vehicle exercised due diligence in attempting to determine that the driver's license of the driver of the motor vehicle at the time in respect of which the order was made was not then under suspension; or

(d) the order will result in exceptional hardship.

(4) Clause (d) of subsection (3) does not apply if an order to impound under Section 291A was previously made with respect to any motor vehicle then owned by the same owner.

(5) The Minister may confirm or set aside the order to impound.

(6) The Minister shall give written notice of the Minister's decision to the owner and the Registrar.

(7) If the Minister sets aside the order, the Registrar, upon receipt of the notice,

(a) shall issue an order to release the vehicle;

(b) shall pay the owner the amount incurred by the owner, as a result of the order to impound, for removing and impounding the vehicle, not including any amount for economic losses;

(c) shall pay the operator of the vehicle the amount incurred by the operator, as a result of the order to impound, for removing the load from the vehicle, not including any amount for economic losses.

(8) The decision of the Minister pursuant to this Section is final and binding.

(9) The filing of an appeal pursuant to this Section does not suspend or terminate the order to impound under Section 291A.