BILL NO. 128

(as introduced)

1st Session, 60th General Assembly
Nova Scotia
55 Elizabeth II, 2007

Private Member's Bill

Motor Vehicle Act
(amended)

Kevin Deveaux
Cole Harbour-Eastern Passage

First Reading: January 8, 2007

(Explanatory Notes)

Second Reading:

Third Reading:

Clause 1

(a) mandates a 0.00% blood alcohol content for all drivers during the first five years of licensed driving; and

(b) provides for a seven-day licence suspension where a driver registers a blood alcohol content of .05% or greater on a breath, blood or urine test.

Clause 2 mandates a 0.00% blood alcohol content for a licensed driver who is supervising a licensed learner.

1 Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, is amended by adding immediately after Section 67 the following Sections:

67A (1) Notwithstanding anything contained in this Act, where a driver, within five years of the issuance of the first license to the person under this Act, is convicted of an alcohol related offence, as defined in Section 67, or where the driver registers a blood alcohol content of greater than 0.00% in a breath, blood or urine test, the driver's license of that person shall be suspended immediately for a twenty-four hour period and the person shall appear before the Registrar to determine if additional restrictions should be placed on the person's driver's license or the privilege of obtaining a driver's license.

(2) The additional restrictions referred to in subsection (1) may include

(a) a further period of license suspension;

(b) attendance at a driving course designated by the Registrar;

(c) restrictions on the number of passengers in a vehicle;

(d) time-of-day restrictions;

(e) such other restrictions as the Registrar deems appropriate.

(3) The license suspension and additional restrictions referred to in subsections (1) and (2) are in addition to any other penalty or restrictions contained in this Act.

67B (1) Notwithstanding anything contained in this Act, where a driver registers a blood alcohol content of .05% or greater on a breath, blood or urine test, the peace officer shall immediately notify the Registrar of that fact and the Registrar shall suspend the driver's license or privilege of obtaining a driver's license of that person for a period of seven days.

(2) The suspension referred to in subsection (1) is in addition to any other penalty contained in this Act.

(ba) has a blood alcohol content of 0.00%;