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BILL NO. 44

                                              Government Bill

                 
                                                               
              3rd Session, 56th General Assembly
                         Nova Scotia
                    44 Elizabeth II, 1995

                 
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                 An Act to Amend Chapter 293
                of the Revised Statutes, 1989,
                    the Motor Vehicle Act










                 
                                                               
                                                               
                The Honourable Richard W. Mann
        Minister of Transportation and Communications


                 
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                             
                 
                                                               
                           Halifax
         Printed by Queen''s Printer for Nova Scotia
                               
                               


                      Explanatory Notes


         Clause 1 permits golfers using a golf cart to cross a highway between parts of a golf
course in appropriately marked crosswalks.


         Clause 2 adds the power for the Minister to appoint district traffic authorities and to
prescribe their functions and duties.


         Clause 3 removes the restriction on the maximum speed of a school bus to 75 kilometres
an hour so that the maximum speed becomes the posted speed limit.

         Clause 4 permits the abstract of a driver record to be prima facie evidence in court.



         Clauses 5 and 6 increase the minimum fine for failure to yield to a pedestrian from $100
to $250.


         Clause 7 amends the regulation-making authority of the Governor in Council to permit
better administration of the National Safety Code.

         Clause 8

            (a) clarifies that cities, towns and rural municipalities have the power to regulate
         and license not only taxi drivers but the taxis themselves, including the power to limit the
         number of vehicles used as taxis;

            (b) gives the authority to cities, towns and rural municipalities to establish taxi
         zones, license taxi drivers and vehicles within one or more zones and to transport
         passengers or goods within one or more zones, regulate the transport of passengers or
         goods between zones and require the successful completion of a prescribed course to
         qualify for a taxi-driver licence;

            (c) clarifies that accessible taxicabs cannot be limited under the authority to limit
         the number of taxis;

            (d) ensures that until a regional municipality is established and the council makes
         a by-law or regulation regarding taxi zones, each former city, town or rural municipality
         is deemed to be a zone for the purpose of this Clause; and

            (e) removes the requirement for approval by the Minister of Municipal Affairs
         for a by-law made pursuant to Section 305.


         Clause 9 repeals the provisions relating to regulation and licensing of taxis in the Halifax
Regional Municipality Act.



                  An Act to Amend Chapter 293
                 of the Revised Statutes, 1989,
                     the Motor Vehicle Act



         Be it enacted by the Governor and Assembly as follows:


         1  Clause 2(ao) of Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act,
is amended by adding "and a person riding on a motorized cart designed for and being used to
transport golfers and equipment over a golf course while travelling from one part of it to another
in a crosswalk marked for the purpose on the roadway and approved by a traffic authority
appointed pursuant to this Act" immediately after "wheelchair" in the second line.


         2  Section 86 of Chapter 293 is amended by adding immediately after subsection (2)
the following subsection:

            (2A)    The Minister may appoint district traffic authorities who shall perform such
         functions and duties and have such powers and authorities as are prescribed by the
         Minister.


         3  Subsection 103(6) of Chapter 293 is repealed.


         4    Section 264 of Chapter 293 is amended by adding immediately after subsection (3)
the following subsection:

              (4)  An abstract of the driving record of a driver that purports to be signed by the
         Registrar and bear the seal of the Department shall be received in evidence without proof
         of the signature, seal or official character of the person who appears to have signed the
         abstract, and is prima facie proof of its contents.


         5    Section 295 of Chapter 293, as amended by Chapter 36 of the Acts of 1990 and
Chapter 12 of the Acts of 1994-95, is further amended by striking out " 125," in the second line.


         6    Section 295A of Chapter 293, as enacted by Chapter 36 of the Acts of 1990 and
amended by Chapter 24 of the Acts of 1994 and Chapter 12 of the Acts of 1994-95, is further
amended by adding "Section 125," immediately after "103," in the second line.


         7    Clause 303G(b) of Chapter 293, as enacted by Chapter 30 of the Acts of 1993, is
amended by striking out "Sections 303D and 303E and the regulations made pursuant to this
Section" in the fifth and sixth lines and substituting "enactments of the Province, another
reciprocating province or Canada relating to motor vehicles".


         8    (1)  Subsection 305(1) of Chapter 293 is amended by striking out the period at the
end of clause (b) and substituting a semicolon and adding the following clause:

                   (c)  the vehicles referred to in clause (b).

              (2)  Subsection 305(2) of Chapter 293 is amended by

                   (a)  adding immediately after clause (e) the following clauses:

                        (ea) divide a city, town or municipality into zones for the purpose of
                   regulating persons who or vehicles that transport passengers or goods for
                   hire, or in any way change the boundaries of the zones;

                        (eb) license persons or vehicles to transport passengers or goods for
                   hire within one or more zones;

                        (ec) license persons or vehicles to transport passengers or goods for
                   hire between two or more zones and regulate the transportation for hire of
                   passengers or goods between zones;

                   (b)  adding "or vehicles" immediately after "persons" in the first line of
              clause (f); and

                   (c)  striking out the period at the end of clause (h) and substituting a
              semicolon and adding the following clause:

                        (i)  require the successful completion of a prescribed course of
                   instruction in matters relevant to the taxi industry in the city, town or
                   municipality as a qualification for a taxi-driver license.

              (3)  Clause 305(4)(d) of Chapter 293, as enacted by Chapter 12 of the Acts of
1994-95, is amended by adding ", either directly or indirectly," immediately after "limit" in the
second line.

              (4)  Subsections 305(5) and (6) of Chapter 293 are repealed and the following
subsections substituted:

                   (5)  A regulation made pursuant to clause (f) of subsection (2) may apply
              to one or more zones or to all zones established by or pursuant to this Section and
              there may be different limits for different zones.

                   (6)  Where two or more cities, towns or municipalities have been
              amalgamated as a regional municipality, until the council of the regional
              municipality makes a regulation or by-law under the authority of clause (ea) of
              subsection (2) providing otherwise, each former city, town or municipality is
              deemed to be one zone for the purpose of this Section.

                   (7)  A regulation or by-law passed pursuant to this Section does not require
              the approval of the Minister of Municipal Affairs.


         9    Subsections 143(3), (4) and (5) of Chapter 3 of the Acts of 1995, the Halifax
Regional Municipality Act, are repealed.