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BILL NO. 28





Government Bill




4th Session, 56th General Assembly
Nova Scotia
45 Elizabeth II, 1996




An Act to Amend Chapter 293

of the Revised Statutes, 1989,

the Motor Vehicle Act





The Honourable Richard W. Mann
Minister of Transportation and Public Works




Halifax
Printed by Queen's Printer for Nova Scotia







Explanatory Notes

Clause 1 provides that

(a) a motor vehicle inspector shall be furnished with a certificate of appointment;

(b) the owner or person in control of a motor vehicle inspected pursuant to the Act shall give all reasonable assistance to an inspector; and

(c) a person shall not hinder or obstruct an inspector when the inspector is carrying out duties under the Act.

Subclause 2(1) provides that the Registrar of Motor Vehicles may require a person whose licence has been suspended pursuant to Section 279A to participate in an alcohol rehabilitation program before the person's licence is reinstated.

Subclause 2(2) provides that where a licence is suspended pursuant to Section 279A and the driver has a prior revocation for an alcohol related offence, the driver's licence will not be reinstated until the driver attends an interview with a person designated by the Drug Dependency Services division of the Department of Health.

Clause 3 permits the Minister or the Provincial Traffic Authority to fix rates of speed not to exceed 110 kilometres per hour on certain highways. At present, the maximum speed is 100 kilometres per hour.

Clause 4 provides that a peace officer or a motor vehicle inspector may stop and detain a commercial motor vehicle for the purpose of determining whether the vehicle is complying with by-laws or regulations relating to the operation of commercial vehicles on certain highways and, for that purpose, a peace officer or motor vehicle inspector may require the production of the bill of lading.

Clause 5 provides that a person whose licence is suspended pursuant to Section 279A must apply to the Registrar to have the licence reinstated and satisfy the Registrar that all requirements under the Act have been completed.

Clause 6 provides for a minimum penalty of $100 for a violation of Section 6 of the Act.

Clause 7 provides that the Act is subject to proclamation.


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 Section 6 of Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, is amended by adding "(1)" immediately after the Section number and by adding the following subsections:

(2) An inspector shall be furnished with a certificate of appointment and, on inspecting any document or vehicle, the inspector shall, if requested, produce the certificate of appointment.

(3) The owner or person who has the charge, management or control of any vehicle inspected pursuant to this Act shall give an inspector all reasonable assistance to enable the inspector to carry out the duties and functions of an inspector.

(4) No person shall, while an inspector is exercising the powers or carrying out the duties and functions of an inspector,

(a) fail to comply with any reasonable request of the inspector;

(b) knowingly make false or misleading statements, either verbally or in writing, to the inspector; or

(c) otherwise obstruct or hinder the inspector.

2 (1) Subsection 67(11) of Chapter 293 is amended by adding "or suspended pursuant to Section 279A" immediately after "offence" in the third line.

(2) Subsection 67(15) of Chapter 293 is amended by

(a) adding "or in the case of a suspension pursuant to Section 279A where a prior revocation for an alcohol related offence is recorded on the record of the driver" immediately after "offence" in the fourth line; and

(b) striking out "Nova Scotia Commission on Drug Dependency" in the fifth and sixth lines and substituting "Drug Dependency Services division of the Department of Health".

3 Subsection 106(2) of Chapter 293 is amended by adding "and ten" immediately after "hundred" in the third line.

4 Chapter 293 is further amended by adding immediately after Section 196 the following Section: 196A (1) A peace officer may stop and detain a commercial motor vehicle for the purpose of determining whether a by-law made pursuant to Section 194 or a regulation made pursuant to Section 195 has been contravened and, for that purpose, may require the operator of the vehicle to produce a bill of lading or other document.

(2) A peace officer may examine and make copies and extracts of any document referred to in subsection (1).

5 Section 279A of Chapter 293, as enacted by Chapter 12 of the Acts of 1994-95, is amended by adding immediately after subsection (6) the following subsections:

(7) A person whose driver's license or privilege of obtaining a driver's license has been suspended pursuant to this Section shall, to have the driver's license or privilege of obtaining a driver's license reinstated, apply to the Registrar in the form and manner required by the Registrar.

(8) The Registrar shall not reinstate a driver's license or the privilege of obtaining a driver's license pursuant to subsection (7) until the Registrar is satisfied that all requirements pursuant to this Act have been completed by the applicant.

6 Section 295 of Chapter 293, as amended by Chapter 36 of the Acts of 1990, Chapter 12 of the Acts of 1994-95 and Chapter 23 of the Acts of 1995-96, is further amended by adding "6," immediately after "Section" in the second line.

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



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