BILL NO. 168

(f) prescribing the competency evaluations that a driver must complete to make a successful application under subsection (6A) of Section 70 and subsection (3A) of Section 70A;

(g) prescribing restrictions on the license of any class or status of driver's license;

(h) creating offences and penalties for breaches of any regulations made under this Section.

(a) at any time if the person held a class 1, 2, 3, 4 or 5 driver's license as set out in regulations made pursuant to Section 66 or an equivalent license in another province of Canada, state or country;

(b) at any time after the completion of three months as a licensed learner if the person has successfully completed a driver education or training program approved by the Department; or

(c) at any time after the completion of six months as a licensed learner.

(6A) Notwithstanding subsection (6), a licensed learner who has been issued a license at anytime after the coming into force of this subsection may only apply to the Registrar for the status of newly licensed driver

(a) at any time if the person held a class 1, 2, 3, 4 or 5 driver's license as set out in regulations made pursuant to Section 66 or an equivalent license in another province of Canada, state or country; or

(b) at any time after the completion of

(i) twelve months as a licensed learner or nine months as a licensed learner if the person has successfully completed a driver education or training program approved by the Department, and

(ii) a competency evaluation where prescribed by the regulations.

(6B) The Registrar shall refuse an application pursuant to subsection (6A) if

(a) the applicant has accumulated four or more points on his or her driving record in the twelve months preceding the application;

(b) the applicant is a probationary driver and has accumulated three or more points on his or her driving record in the twelve months preceding the application;

(c) the Registrar, in the Registrar's sole discretion, is not satisfied that the applicant has demonstrated safe and prudent driving habits; or

(d) the applicant has been convicted of an offence within the twelve months preceding the application that results in a subsequent revocation under Section 278 or a suspension of the driver's license or privilege of obtaining a driver's license pursuant to Section 100A, 100B, 205, 227, 279, 279A or 279C, subsection (6) of Section 282, subsection (10) of Section 282, subsection (3) of Section 283 or subsection (6) of Section 283.

(6C) A licensed learner whose driver's license or privilege of obtaining a driver's license has been revoked or suspended pursuant to Section 100A, 100B, 205, 227, 278, 279, 279A or 279C, subsection (6) of Section 282, subsection (10) of Section 282, subsection (3) of Section 283 or subsection (6) of Section 283 shall, upon restoration of the driver's license, be required to complete the minimum requirements under this Section as a licensed learner from the date of restoration.

(a) the person has

(i) completed two years experience as a licensed driver under this Act, other than as the holder of a class 7 or 8 driver's license, and

(ii) successfully passed a competency evaluation where prescribed by the regulations; or

(b) the person has two years experience as a licensed driver in another province of Canada, state or country recognized by the Department as equivalent experience to the experience required under subclause (i) of clause (a) or a combination of experience as a licensed driver under this Act and as a licensed driver in another province of Canada, state or country.

(a) the applicant has accumulated six or more points on his or her driving record in the twelve months preceding the application;

(b) the applicant is a probationary driver and has accumulated three or more points on his or her driving record in the twelve months preceding the application; or

(c) the Registrar, in the Registrar's sole discretion, is not satisfied that the applicant has demonstrated safe and prudent driving habits.

(4A) A newly licensed driver whose driver's license or privilege of obtaining a driver's license has been revoked pursuant to Section 278 or whose driver's license or privilege of obtaining a driver's license has been suspended pursuant to Section 100A, 100B, 205, 227, 279, 279A or 279C, subsection (6) of Section 282, subsection (10) of Section 282 or subsection (6) of Section 283 shall, upon restoration of the driver's license, be required to complete a minimum two-year period as a newly licensed driver from the date of restoration.

(a) the newly licensed driver is accompanied by an experienced driver who is occupying the front seat of the vehicle; or

(b) each of the passengers in the motor vehicle is a family member of the driver.

(2) Where a peace officer believes on reasonable and probable grounds that a person acting as an experienced driver pursuant to Section 70 or 70A is committing, or at any time within the preceding two hours has committed, as a result of the consumption of alcohol, an offence, the peace officer may, by demand made to that person forthwith or as soon as practicable, require that person to provide then or as soon thereafter as is practicable

(a) such samples of the person's breath as, in the opinion of a qualified technician, are required for analysis; or

(b) where the peace officer has reasonable and probable grounds to believe that, by reason of any physical condition of the person,

(i) the person may be incapable of providing a sample of the person's breath, or

(ii) it would be impracticable to obtain a sample of the person's breath.

such samples of the person's blood, under the conditions referred to in subsection (2), as, in the opinion of the qualified medical practitioner or qualified technician taking the samples,

are necessary to enable proper analysis to be made in order to determine the concentration, if any, of alcohol in the person's blood, and to accompany the peace officer for the purpose of enabling such samples to be taken.

(3) Samples of blood may only be taken from a person pursuant to a demand made by a peace officer pursuant to subsection (2) if the samples are taken by or under the direction of a qualified medical practitioner and the qualified medical practitioner is satisfied that the taking of those samples would not endanger the life or health of the person.

(4) Every person commits an offence who, without reasonable excuse, fails or refuses to comply with a demand made to that person by a peace officer pursuant to this Section.

70AB (1) A licensed learner, who has been issued his or her learner's license after the coming into force of this Section, while operating a motor vehicle on a highway, shall display, in a position clearly visible and prominent from the rear of the motor vehicle that he or she is driving, a "licensed learner" sign, as prescribed by the Registrar, for the purpose of indicating that a motor vehicle is being driven by a person who is licensed learner.

(2) A newly licensed driver, who has been issued such status under subsection (6A) of Section 70, while operating a motor vehicle on a highway, shall display in a position clearly visible and prominent from the rear of the motor vehicle that he or she is driving, a "newly licensed driver" sign, as prescribed by the Registrar, for the purpose of indicating that a motor vehicle is being driven by a person who is a newly licensed driver.

(3) A person who operates a motor vehicle on a highway contrary to this Section is guilty of an offence.