Bill No. 118

Motor Vehicle Act (amended)

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

Introduced by:
Honourable John MacDonell
Minister of Service Nova Scotia and Municipal Relations

Explanatory Note

Clause 1 establishes a Medical Advisory Committee and a Motor Vehicle Appeal Board.

Clause 2 adds a cross-reference to two unproclaimed provisions that affect a licensed learner’s ability to change driver status to that of a newly licensed driver if the licensed learner’s driver’s license or privilege of obtaining a driver’s license has been revoked or suspended pursuant to various Sections of the Motor Vehicle Act.

Clause 3 adds a cross-reference to
(a) the existing subsection 70A(4) of the Motor Vehicle Act, which requires a newly licensed driver whose driver’s license or privilege of obtaining a driver’s license has been revoked or suspended pursuant to various Sections of the Act to complete a minimum two-year period as a newly licensed driver upon restoration of the person’s driver’s license; and
(b) an unproclaimed provision of the Motor Vehicle Act that will, upon proclamation, replace the existing subsection 70A(4).
Clause 4 relocates, clarifies and adds new detail to three subsections that are being removed from another Section of the Act that deal with suspensions related to medical conditions and appeals related to those suspensions.

Clause 5 repeals three subsections that are being relocated by Clause 4.

Clause 6 sets out the process for appeals of decisions made pursuant to Section 279B of the Motor Vehicle Act to the Motor Vehicle Appeal Board.

Clause 7 allows the Registrar to designate someone other than an examiner to examine or re-examine a driver who the Registrar requires be examined or re-examined.

Clauses 8, 9 and 10 provide that the Motor Vehicle Appeal Board, rather than the Registrar, hears appeals with respect to orders to impound made pursuant to Section 291A of the Motor Vehicle Act.
Clause 11 makes consequential amendments to the Freedom of Information and Protection of Privacy Act to
(a) provide that provisions in the Motor Vehicle Act that restrict access to medical information prevail over provisions in that Act that may authorize access; and
(b) remove a reference to the Medical Advisory Committee for Driver Licensing that is being replaced by the Medical Advisory Committee established by this Act.

Clause 12 adds a transitional provision with respect to rights to appeals or reviews existing at the time that certain provisions of this Act come into force.
Clause 13 provides that this Act comes into force upon proclamation.

View other bills introduced in Assembly 61, Session 3

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