BILL NO. 11

(as introduced)

3rd Session, 58th General Assembly
Nova Scotia
52 Elizabeth II, 2003

Government Bill

Motor Vehicle Act
(amended)

The Honourable Peter Christie
Minister of Service Nova Scotia and Municipal Relations

First Reading: March 31, 2003

(Explanatory Notes)

Second Reading:

Third Reading:

Subclause 1(1) provides that a licence shall not be issued to a person where a decision has been made to suspend or revoke the person's licence in the person's previous jurisdiction of residence and the suspension or revocation has not yet taken place.

Subclause 1(2) puts back into the Motor Vehicle Act a revocation period for a Criminal Code (Canada) conviction of driving while disqualified where the disqualification was for a non-alcohol-related offence.

Subclause 1(3) specifies a ten-year review period for a subsequent revocation for violations of clause 67(5)(ca) of the Motor Vehicle Act.

Subclause 2(1) requires a private vehicle to display a sign indicating that an individual in the learners class is operating the vehicle.

Subclause 2(2)

(a) expands the eligibility of persons who may apply for a regular driver's licence to include persons from other countries in cases where the person's licence may have expired or been revoked; and

(b) requires completion of a driver education program as a condition of exiting the learners phase rather than the newly licensed phase.

Subclause 3(1) makes a change that is necessary as a result of the change made in subclause 2(2).

Subclause 3(2) removes suspension for failure to appear for an interview as a reason for resetting the start date of the newly licensed phase.

Subclause 4(1) makes a change that is necessary as a result of the change made in subclause 2(1).

Subclause 4(2) makes a change that is necessary as a result of the change made in subclause 2(2).

Clause 5 allows the Minister to delegate the authority to suspend or cancel a motor vehicle inspection station licence.

Clause 6

(a) provides for the twenty-four hour suspension of a person's licence where the person's ability to operate a motor vehicle is affected by a drug other than alcohol; and

(b) removes from Section 279C of the Motor Vehicle Act references to the revocation of a licence as licences are only suspended under that Section.

Clause 7 provides for the coming into force of the Act.

Be it enacted by the Governor and Assembly as follows:

1 (1) Section 67 of Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, as amended by Chapter 12 of the Acts of 1994-95, Chapter 34 of the Acts of 1996, Chapter 32 of the Acts of 1998, Chapter 11 of the Acts of 1999, Chapter 44 of the Acts of 2001 and Chapters 20 and 30 of the Acts of 2002, is further amended by adding immediately after subsection (2) the following subsection:

(2A) The Department shall not issue a license to a person where a decision has been made to suspend or revoke the person's license in the person's previous jurisdiction of residence and the suspension or revocation has not yet taken place.

(2) Clause 67(5)(e) of Chapter 293, as amended by Chapter 32 of the Acts of 1998, is further amended by adding "or subsection (4) of section 259 of the Criminal Code (Canada) where the disqualification under that subsection was for a non-alcohol-related offence" immediately after "1985," in the seventh line.

(3) Section 67 of Chapter 293, as amended by Chapter 12 of the Acts of 1994-95, Chapter 34 of the Acts of 1996, Chapter 32 of the Acts of 1998, Chapter 11 of the Acts of 1999, Chapter 44 of the Acts of 2001 and Chapters 20 and 30 of the Acts of 2002, is further amended by adding immediately after subsection (7) the following subsection:

(7A) For the purpose of clause (ca) 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 referred to in clause (ca) of subsection (5) within the previous ten years.

2 (1) Section 70 of Chapter 293, as enacted by Chapter 24 of the Acts of 1994, is amended by adding immediately after subsection (2) the following subsections:

(2A) A motor vehicle being operated upon the highway by a person who has been issued a learners class driver's license shall display clearly and prominently on the rear of the motor vehicle a new driver sign issued by the Department depicting the letter "L".

(2B) Subsection (2A) does not apply to a motor vehicle owned or leased by a driver training school licensed by the Department.

(2) Subsection 70(6) of Chapter 293, as enacted by Chapter 24 of the Acts of 1994, is amended by

(a) striking out "or state" in the fifth line of clause (a) and substituting ", state or country"; and

(b) adding "and after completing a driver improvement program as approved by the Department" immediately after "learner" in the second line of clause (c).

3 (1) Clause 70A(3)(b) of Chapter 293 is repealed.

(2) Subsection 70A(4) of Chapter 293, as enacted by Chapter 24 of the Acts of 1994 and amended by Chapter 11 of the Acts of 1999, is further amended by striking out ", 279C, 282 or 283" in the fifth and sixth lines and substituting "or 279C or subsections (6) and (10) of Section 282 or subsection (6) of Section 283".

4 (1) Section 70B of Chapter 293, as enacted by Chapter 24 of the Acts of 1994, is amended by adding immediately after subsection (2) the following subsections:

(2A) A motorcycle being operated upon the highway by a person issued a license pursuant to this Section shall display clearly and prominently on the rear of the motorcycle a new driver sign issued by the Department depicting the letter "L".

(2B) Subsection (2A) does not apply to a motorcycle owned or leased by a driver training school licensed by the Department.

(2) Clause 70B(3)(b) of Chapter 293, as enacted by Chapter 24 of the Acts of 1994, is amended by adding "and after completing a driver improvement program as approved by the Department" immediately after "months" in the third line.

5 Subsection 201(2B) of Chapter 293, as enacted by Chapter 12 of the Acts of 2001, is amended by adding "or a person designated by the Minister" immediately after "Minister" in the first and in the second lines.

6 (1) Section 279C of Chapter 293, as enacted by Chapter 32 of the Acts of 1998 and amended by Chapter 11 of the Acts of 1999, is further amended by adding immediately after subsection (3) the following subsection:

(3A) Where a peace officer has reasonable grounds to believe that a person's ability to operate a vehicle is affected by a drug other than alcohol, the peace officer may request the person to surrender the person's license.

(2) Subsection 279C(4) of Chapter 293 is repealed and the following subsection substituted:

(4) Upon a request being made pursuant to subsection (1), (2), (3) or (3A), the person to whom the request is made shall forthwith surrender the person's license to the peace officer and, whether or not the person is unable or fails to surrender the person's license to the peace officer, the person's license is suspended or the person's driving privilege is suspended for a period of twenty-four hours from the time the request is made.

(3) Subsection 279C(5) of Chapter 293, as enacted by Chapter 32 of the Acts of 1998, is amended by striking out "revocation of a license and" in the first line and substituting "suspension of a license or".

(4) Subsection 279C(10) of Chapter 293, as enacted by Chapter 32 of the Acts of 1998, is amended by

(a) striking out "revoked and" in the first line and substituting "suspended or";

(b) striking out "or (3)" in the fourth line and substituting ", (3) or (3A)";

(c) striking out "revocation and" in the second and in the fourth lines of clause (a); and

(d) striking out clause (b) and substituting the following clause:

(b) provide the person with a written statement of the time at which the suspension takes effect, the length of the period during which the person's license or driving privilege is suspended, the place where the license may be recovered upon the termination of the suspension and acknowledging receipt of the license that is suspended.

(5) Subsection 279C(11) of Chapter 293, as enacted by Chapter 32 of the Acts of 1998, is amended by

(a) striking out "revoked and" in the first line and substituting "suspended or"; and

(b) striking out "is revoked and" in the seventh line and substituting "or".

7 This Act, except Sections 1 and 5, comes into force on such day as the Governor in Council orders and declares by proclamation.