BILL NO. 7

(as introduced)

2nd Session, 60th General Assembly
Nova Scotia
56 Elizabeth II, 2007



Government Bill



Motor Vehicle Act
(amended)



The Honourable Murray K. Scott
Minister of Transportation and Infrastructure Renewal



First Reading: November 23, 2007

(Explanatory Notes)

Second Reading: November 29, 2007

Third Reading: December 13, 2007 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)

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Explanatory Notes

Clause 1 adds definitions of "image-capturing enforcement system" and "pedestrian-activated beacon" to the Motor Vehicle Act. They are used in new Sections enacted by this Bill.

Clause 2 authorizes the Minister of Transportation and Infrastructure Renewal to appoint testers of image-capturing enforcement systems.

Clause 3 makes it an offence to obstruct a vehicle's number plate so that it cannot be accurately read by an image-capturing enforcement system.

Clause 4 prohibits on public highways, streets, etc., motor vehicles that can use, or from inside the vehicle be made to use, nitrous oxide in the fuel.

Clause 5 adds Criminal Code (Canada) offences respecting street racing to provisions of the Motor Vehicle Act respecting obtaining, revocation and restoration of drivers' licences.

Clause 6 clarifies the duty of a pedestrian facing a "don't walk" light.

Clause 7 authorizes the Governor in Council to prescribe prohibited driver distractions, including the penalty for a breach.

Clause 8 establishes separate offences for speeding in a temporary work area to facilitate the doubling of fines for speeding in a temporary work area.

Clause 9 clarifies the shared responsibilities of pedestrians and drivers for crosswalk safety.

Clause 10 provides for a 7-day driver's licence suspension by a peace officer for a crosswalk violation by the operator of a motor vehicle.

Clause 11 prohibits operating a motor vehicle on a highway in a contest or while performing a stunt.

Clause 12 (a) requires a peace officer to detain a motor vehicle being used on a highway in a race, in a contest, while performing a stunt or on a bet or wager and requires the operator of the motor vehicle to surrender his or her driver's licence; and (b) authorizes the Governor in Council to make regulations.

Clause 13 prohibits certain activities on highways that pose a risk to safety.

Clause 14 authorizes and regulates the use of image-capturing enforcement systems.

Clause 15 provides that the owner of a motor vehicle involved in certain offences is guilty of the offence where the offence is captured by an image-capturing enforcement system unless the vehicle was being driven without the owner's consent, but the owner is not subject to imprisonment and points are not entered on the owner's record.

Clause 16 provides for proof in court of the information captured by or respecting an image-capturing enforcement system.

Clause 17 (a) changes the period of detention of a motor vehicle being used on a highway in a race, in a contest, while performing a stunt or on a bet or wager from 24 hours to 7 days for a first offence; and (b) clarifies that the detention for a second or subsequent offence is subject to Section 274 of the Motor Vehicle Act respecting the seizure for third or subsequent offences.

Clause 18 adds Criminal Code (Canada) offences respecting street racing to a provision of the Motor Vehicle Act respecting revocation of drivers' licences.

Clause 19 makes a change made necessary by Clause 23.

Clause 20 (a) makes changes made necessary by Clauses 21 and 22; and (b) adds a penalty for the new Section 173A enacted by Clause 13.

Clause 21 increases the penalties for a crosswalk violation by the operator of a motor vehicle from $250 to $500 for a first offence, from $500 to $1,000 for a second offence and from $1,000 to $2,000 for a third or subsequent offence.

Clause 22 increases the penalties for a motor vehicle being used on a highway in a race, in a contest, while performing a stunt or on a bet or wager from $250 to $2,000 for a first offence, from $500 to $5,000 for a second offence and from $1,000 to $10,000 for a third or subsequent offence.

Clause 23 provide for doubling the fines for speeding in school zones and temporary work areas.

Clause 24 provides that any excess of revenues over costs for an image-capturing enforcement system must be used for road safety.

Clause 25 makes a change made necessary by Clause 23.

Clause 26 amends the Summary Proceedings Act for the purpose of Clause 22.

Clause 27 provides that the Act comes into force on proclamation.

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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 2 of Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, as amended by Chapter 24 of the Acts of 1994, Chapter 12 of the Acts of 1994-95, Chapter 23 of the Acts of 1995-96, Chapter 12 of the Acts of 2001, Chapter 20 of the Acts of 2002, Chapter 42 of the Acts of 2004, Chapter 35 of the Acts of 2006 and Chapter 20 of the Acts of 2007, is further amended by

(a) re-lettering clause (ua) as (ub) and adding immediately after clause (u) the following clause:

(b) adding immediately after clause (ao) the following clause:

2 Chapter 293 is further amended by adding immediately after Section 7 the following Section:

3 Subsection 37(1) of Chapter 293, as amended by Chapter 6 of the Acts of 2004, is further amended by

(a) striking out the period at the end of clause (g) and substituting a semicolon; and

(b) adding immediately after clause (g) the following clause:

4 Section 47 of Chapter 293 is amended by adding immediately after subsection (2) the following subsection:

5 (1) Clause 67(5)(c) of Chapter 293, as enacted by Chapter 20 of the Acts of 2002 and amended by Chapter 35 of the Acts of 2005, is further amended by adding ", 249.2, 249.3, 249.4" immediately after "249.1(1)" in the fourth line.

(2) Subsection 67(16) of Chapter 293, as amended by Chapter 42 of the Acts of 2004, is amended by striking out "252" in the second and in the fourth lines and substituting in each case "249.2, 249.3, 249.4, 252,".

(3) Subsection 67(21A) of Chapter 293, as enacted by Chapter 32 of the Acts of 1998 and amended by Chapter 42 of the Acts of 2004, is further amended by adding "249.2, 249.3, 249.4," immediately after "section" in the third line.

6 Clause 93(2)(i) of Chapter 293 is repealed and the following clause substituted:

7 Chapter 293 is further amended by adding immediately after Section 100C the following Section:

8 Chapter 293 is further amended by adding immediately after Section 106A the following Section:

9 Section 125 of Chapter 293 is repealed and the following Section substituted:

10 Chapter 293 is further amended by adding immediately after Section 125A the following Section:

11 Subsection 163(1) of Chapter 293 is amended by adding ", in a contest, while performing a stunt" immediately after "race" in the second line.

12 Chapter 293 is further amended by adding immediately after Section 163 the following Sections:

13 Chapter 293 is further amended by adding immediately after Section 173 the following Section:

14 Chapter 293 is further amended by adding immediately after Section 202 the following Section:

15 Chapter 293 is further amended by adding immediately after Section 259 the following Section:

16 Chapter 293 is further amended by adding immediately after Section 265 the following Section:

17 Subsection 273A(3) of Chapter 293, as enacted by Chapter 32 of the Acts of 2005, is amended by

(a) striking out "twenty-four hours" in the second and third lines of clause (a) and substituting "seven days"; and

(b) adding ", subject to Section 274," immediately after "for" in the second line of clause (b).

18 Clause 278(1)(b) of Chapter 293, as amended by Chapter 20 of the Acts of 2002, is further amended by adding ", 249.2, 249.3, 249.4" immediately after "249.1" in the second line.

19 Section 295 of Chapter 293, as enacted by Chapter 10 of the Acts of 2002 and amended by Chapter 8 of the Acts of 2005, is further amended by striking out "(1) or" in the fourth line.

20 Section 297 of Chapter 293, as enacted by Chapter 10 of the Acts of 2002 and amended by Chapter 42 of the Acts of 2004 and Chapter 8 of the Acts of 2005, is further amended by

(a) striking out "125, 125A or" in the third and fourth lines and substituting "subsections (3) to (5) of Section 125, subsections (1) and (2) of Section 125A or Section"; and

(b) striking out "or Section 163, 173," in the fourth and fifth lines and substituting ", Section 173, subsection (1) of Section 173A or Section".

21 Section 298 of Chapter 293, as enacted by Chapter 10 of the Acts of 2002 and amended by Chapter 8 of the Acts of 2005, is further amended by adding ", subsections (1) and (2) of Section 125, subsections (3) and (4) of Section 125A" immediately after "98" in the third line.

22 Chapter 293 is further amended by adding immediately after Section 299A the following Section:

23 Section 300A of Chapter 293 is repealed and the following Section substituted:

24 Chapter 293 is further amended by adding immediately after Section 300J the following Section:

25 Section 8 of Chapter 16 of the Acts of 2006, the Justice Administration Amendment (Fall 2006) Act, is repealed.

26 Section 4B of Chapter 450 of the Revised Statutes, 1989, the Summary Proceedings Act, as enacted by Chapter 10 of the Acts of 2002 and amended by Chapter 4 of the Acts of 2003 and Chapter 1 of the Acts of 2003 (Second Session), is further amended by

(a) striking out the period at the end of clause (j) and substituting a semicolon; and

(b) adding immediately after clause (j) the following clause:

(k) where an enactment makes an offence punishable as a category K offence, a judge shall impose a fine of not less than two thousand dollars for the first offence, not less than five thousand dollars for the second offence and not less than ten thousand dollars for the third or a subsequent offence.

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

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