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BILL NO. 44

                                              Government Bill

                 
                                                               
              3rd Session, 56th General Assembly
                         Nova Scotia
                   44 Elizabeth II, 1995-96

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




                          CHAPTER 23
                       ACTS OF 1995-96




                 
                                                               
                                                               
                The Honourable Richard W. Mann
        Minister of Transportation and Communications


                 
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
          AS ASSENTED TO BY THE LIEUTENANT GOVERNOR
                       JANUARY 11, 1996






                 
                                                               
                           Halifax
          Printed by Queen's Printer for Nova Scotia
                               
                               
                               
                               
                               
                  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
            and, for greater certainty, in each such zone the
            regulations or by-laws of the former city, town or
            municipality, as the case may be, respecting the
            transport of passengers or goods for hire in effect when
            the former city, town or municipality, respectively, was
            amalgamated continue to apply as if the city, town or
            municipality, respectively, had not been amalgamated.

                (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.


                                           
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