[37] Bill 226 Original (PDF)
Bill 226 2002
An Act in memory of
Jay Lawrence and Bart Mackey
to amend the Highway Traffic Act
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. The Highway Traffic Act is amended by adding the following section:
Prohibited forms of riding
188.1 (1) No person shall drive a commercial motor vehicle on a highway while any person occupies the truck or delivery body of the vehicle.
Trucks
(2) No person shall occupy the truck or delivery body of a commercial motor vehicle while the vehicle is being driven on a highway.
Trailers
(3) No person shall drive a motor vehicle on a highway while any person occupies a vehicle being towed or drawn by the motor vehicle.
Same
(4) No person shall occupy a vehicle being towed or drawn by a motor vehicle on a highway.
Identification of passengers
(5) A police officer or an officer appointed for carrying out this Act who believes that a person is contravening subsection (2) or (4) may require that the person provide identification of himself or herself.
Same, compliance
(6) Every person who is required to provide identification under subsection (5) shall identify himself or herself to the officer by surrendering his or her driver's licence or, if unable to surrender a driver's licence, by giving his or her correct name, address and date of birth.
Power of arrest
(7) A police officer may arrest without warrant any person who does not comply with subsection (6).
Regulations
(8) The Lieutenant Governor in Council may make regulations,
(a) exempting any person or class of persons and any vehicle or class of vehicles from subsections (1), (2), (3) and (4);
(b) prescribing conditions for the exemptions;
(c) prescribing the circumstances in which the exemptions are applicable.
Same
(9) A regulation may prescribe different conditions and different circumstances for different classes of persons or vehicles.
Commencement
2. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.
Short title
3. The short title of this Act is the Jay Lawrence and Bart Mackey Memorial Act (Highway Traffic Amendment), 2002.
EXPLANATORY NOTE
The Bill amends the Highway Traffic Act to prohibit persons from occupying the truck or delivery body of a commercial motor vehicle while the vehicle is being driven on a highway and to prohibit persons from occupying a vehicle that is being towed or drawn on a highway. The Bill also prohibits drivers from driving on a highway while a person is occupying the vehicle in contravention of these prohibitions. Regulations made under the Act can exempt persons or classes of persons and vehicles or classes of vehicles from the prohibitions.
The police may require a person occupying a commercial motor vehicle or a towed or drawn vehicle in contravention of the prohibitions to provide personal identification.