Bill 20, Road Safety Act, 2003

Klees, Hon. Frank Minister of Transportation

Versions

Bill 20 2003

An Act to enhance
safety and mobility
on Ontario's roads

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Highway Traffic Act

1. (1) Subsection 16 (1) of the Highway Traffic Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 138, 1996, chapter 33, section 1 and 2002, chapter 18, Schedule P, section 3, is amended by adding the following definition:

"other prescribed vehicle" means a vehicle, other than a commercial motor vehicle, belonging to a class of vehicles prescribed under clause 22 (1) (b); ("autre véhicule prescrit")

(2) Subsection 16 (2) of the Act, as amended by the Statutes of Ontario, 2002, chapter 18, Schedule P, section 3, is amended by striking out "a commercial motor vehicle" and substituting "a commercial motor vehicle or other prescribed vehicle".

(3) Subsection 16 (3) of the Act, as amended by the Statutes of Ontario, 2002, chapter 18, Schedule P, section 3, is amended by striking out "Every driver of a commercial motor vehicle" at the beginning and substituting "Every driver of a commercial motor vehicle or other prescribed vehicle".

(4) Subsection 16 (4) of the Act is amended by striking out "Every driver of a commercial motor vehicle" at the beginning and substituting "Every driver of a commercial motor vehicle or other prescribed vehicle".

(5) Subsection 16 (6) of the Act, as amended by the Statutes of Ontario, 2002, chapter 18, Schedule P, section 3, is amended by striking out "A commercial motor vehicle" at the beginning and substituting "A commercial motor vehicle or other prescribed vehicle".

(6) Subsection 16 (7) of the Act, as amended by the Statutes of Ontario, 2002, chapter 18, Schedule P, section 3, is repealed and the following substituted:

Substitution for CVOR certificate

(7) For a commercial motor vehicle or other prescribed vehicle for which an Ontario permit is not in force, which bears number plates from another province or a state of the United States of America and which is registered in another province or state of the United States of America, the motor vehicle permit may be substituted for a CVOR certificate for the purposes of subsections (2) and (3) if the operator of the vehicle is not the holder of a CVOR certificate.

2. (1) Subsection 17 (2) of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 33, section 2, is amended by striking out "that the applicant will not operate a commercial motor vehicle safely or in accordance with this Act, the regulations and other laws relating to highway safety" at the end and substituting "that the applicant will not operate a commercial motor vehicle or other prescribed vehicle safely or in accordance with this Act, the regulations and other laws relating to highway safety".

(2) Clause 17 (3) (c) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 33, section 2, is repealed and the following substituted:

(c) a person who the Registrar has reason to believe, having regard to the person's safety record and any other information that the Registrar considers relevant, will not operate a commercial motor vehicle or other prescribed vehicle safely or in accordance with this Act, the regulations and other laws relating to highway safety.

3. Subsection 18 (2) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 33, section 4, is repealed and the following substituted:

Same

(2) Every holder of a CVOR certificate shall notify the Registrar of any change in the holder's commercial motor vehicle or other prescribed vehicle fleet size or in the total distance travelled by the fleet in a specified period, in accordance with the regulations.

4. Section 19 of the Act, as re-enacted by the Statutes of Ontario, 2002, chapter 18, Schedule P, section 6, is amended by striking out "applicable to a commercial motor vehicle" and substituting "applicable to a commercial motor vehicle or other prescribed vehicle".

5. (1) Subsection 20 (1) of the Act, as amended by the Statutes of Ontario, 2002, chapter 18, Schedule P, section 7, is amended by striking out "a commercial motor vehicle" and substituting "a commercial motor vehicle or other prescribed vehicle".

(2) Subsection 20 (2) of the Act is amended by striking out "a commercial motor vehicle" in the portion before clause (a) and substituting "a commercial motor vehicle or other prescribed vehicle".

(3) Section 20 of the Act, as amended by the Statutes of Ontario, 1999, chapter 12, Schedule R, section 7 and 2002, chapter 18, Schedule P, section 7, is amended by adding the following subsection:

Vehicle detained, permits seized for operating
without an operating licence

(2.1) A member of the Ontario Provincial Police or an officer appointed for carrying out the provisions of this Act who has reason to believe that a public vehicle is being operated in contravention of clause 2 (1) (a) of the Public Vehicles Act may,

(a) detain the vehicle at any location that is reasonable in the circumstances; and

(b) seize the permits and number plates for the vehicle,

until the vehicle can be moved without a contravention of clause 2 (1) (a) of that Act occurring.

(4) Subsection 20 (3) of the Act is amended by striking out "subsection (2)" and substituting "subsection (2) or (2.1)".

(5) Subsection 20 (4) of the Act is amended by striking out "subsection (2)" and substituting "subsection (2) or (2.1)".

(6) Subsection 20 (5) of the Act, as amended by the Statutes of Ontario, 1999, chapter 12, Schedule R, section 7, is repealed and the following substituted:

Court application

(5) The person entitled to possession of a vehicle that is detained or the permits or plates of which are seized under subsection (2) or (2.1) may apply to the Superior Court of Justice for an order that the vehicle be released or the permits and plates returned, as the case may be.

6. Subsection 22 (1) of the Act, as amended by the Statutes of Ontario, 1996, chapter 33, section 6 and 2002, chapter 18, Schedule P, section 9, is amended by adding the following clause:

(b) prescribing classes of vehicles, other than commercial motor vehicles, for which a CVOR certificate is required;

7. Section 40 of the Act is repealed and the following substituted:

Agreements with reciprocating jurisdictions

40. (1) The Minister, with the approval of the Lieutenant Governor in Council, may enter into a reciprocal agreement with the government of any province or territory of Canada or any state of the United States of America providing for,

(a) the sanctioning by the licensing jurisdiction of drivers from that jurisdiction who commit offences in the other jurisdiction;

(b) the suspension by the licensing jurisdiction of the driver's licence of a person who fails to pay a fine, penalty or costs imposed on the person upon being convicted under a prescribed provision enacted by the reciprocating jurisdiction; and

(c) on a driver's change of residence, the issuance of a driver's licence by one jurisdiction in exchange for a driver's licence issued by the other jurisdiction.

Effect of agreement

(2) The provisions of this Act and the regulations are subject to any agreement made under subsection (1).

Regulations

(3) The Lieutenant Governor in Council may make regulations,

(a) prescribing provisions of reciprocating jurisdictions for the purposes of clause (1) (b);

(b) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the intent and purpose of this section.

8. (1) Clause 47 (1) (f) of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 33, section 7, is repealed and the following substituted:

(f) the Registrar having reason to believe, having regard to the safety record of the holder or of a person related to the holder, and any other information that the Registrar considers relevant, that the holder will not operate a commercial motor vehicle or other prescribed vehicle safely or in accordance with this Act, the regulations and other laws relating to highway safety; or

(2) Subsection 47 (2) of the Act, as amended by the Statutes of Ontario, 1996, chapter 33, section 7, is amended by striking out "the number of commercial motor vehicles that may be operated" and substituting "the number of commercial motor vehicles and other prescribed vehicles that may be operated".

(3) Clause 47 (8) (a) of the Act is amended by striking out "a commercial motor vehicle" and substituting "a commercial motor vehicle or other prescribed vehicle".

(4) Clause 47 (8) (b) of the Act, as amended by the Statutes of Ontario, 1996, chapter 33, section 7, is amended by striking out "a commercial motor vehicle" and substituting "a commercial motor vehicle or other prescribed vehicle".

(5) Subsection 47 (9) of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 33, section 7 and amended by 2001, chapter 9, Schedule O, section 4, is repealed and the following substituted:

Definitions

(9) For the purposes of this section and section 47.1,

"commercial motor vehicle", "operator", "other prescribed vehicle" and "safety record" have the same meanings as in subsection 16 (1). ( "véhicule utilitaire", "utilisateur", "autre véhicule prescrit", "fiche de sécurité")

9. (1) Subsection 47.1 (1.1) of the Act, as enacted by the Statutes of Ontario, 2001, chapter 9, Schedule O, section 5, is amended by striking out "may not operate a commercial motor vehicle safely" and substituting "may not operate a commercial motor vehicle or other prescribed vehicle safely".

(2) Subsection 47.1 (4) of the Act, as re-enacted by the Statutes of Ontario, 2001, chapter 9, Schedule O, section 5, is amended by striking out "transfer or lease any commercial motor vehicle or trailer" and substituting "transfer or lease any commercial motor vehicle, other prescribed vehicle or trailer".

10. (1) Subsections 73 (2) and (3) of the Act are repealed and the following substituted:

Window tinting prohibited

(2) No person shall drive on a highway a motor vehicle with a windshield or any window made of coloured glass or coated with any colour spray, colour coating, glazing material or reflective material except in accordance with the regulations.

(2) Section 73 of the Act is amended by adding the following subsections:

Regulations

(5) The Lieutenant Governor in Council may make regulations,

(a) exempting any class of persons or motor vehicles from any provision of this section or of a regulation made under this section, and prescribing conditions or circumstances for any such exemptions;

(b) prescribing the types, specifications, standards and levels of coloured glass, colour spray, colour coating, glazing material or reflective material that are permitted;

(c) prescribing procedures for examining or inspecting windshields and windows of motor vehicles to determine compliance with this section and approving measuring devices for that purpose.

Same

(6) A regulation made under clause (5) (b) may prescribe different types, specifications, standards and levels of coloured glass, colour spray, colour coating, glazing material or reflective material for different classes of persons and motor vehicles.

11. Subsections 85 (1) and (2) of the Act are repealed and the following substituted:

Prohibition where evidence of inspection required

(1) No person shall drive or permit to be driven on a highway a vehicle of a type or class that is prescribed by the regulations made under section 87, unless the vehicle displays, affixed in the place and manner prescribed in the regulations, a device issued by the Ministry as evidence that the inspection procedures and requirements and the performance standards prescribed by the regulations have been complied with.

12. Clauses 87 (a) and (b) of the Act are repealed and the following substituted:

(a) prescribing the types or classes of vehicles requiring the device mentioned in section 85, including types or classes based on the use to which the vehicle is put or the requirements governing its licensing or operation;

(b) prescribing classes or types of vehicles that are exempt from subsection 85 (1), including classes or types based on the use to which a vehicle is put or the requirements governing its licensing or operation, prescribing classes of drivers, owners or operators who are exempt from subsection 85 (1) and prescribing the circumstances in which any such exemptions apply, including the requirement that evidence be produced to show that the vehicle has met the inspection requirements and performance standards of a reciprocating province or territory or state of the United States of America, and prescribing those provinces, territories or states;

13. Section 88 of the Act is amended by adding the following definitions:

"CVOR certificate" and "safety record" have the same meanings as in subsection 16 (1); ("certificat d'immatriculation UVU", "fiche de sécurité")

14. (1) Section 91 of the Act is amended by adding the following subsection:

Same

(3.1) Subject to section 95, the Director may refuse to issue a motor vehicle inspection station licence to an applicant who also holds a CVOR certificate if, in the Director's opinion, the applicant's safety record with respect to vehicle maintenance and inspections as a CVOR certificate holder is unacceptable.

(2) Subsection 91 (8) of the Act is amended by striking out "or" at the end of clause (f), by adding "or" at the end of clause (g) and by adding the following clause:

(h) the licensee also holds a CVOR certificate and, in the Director's opinion, the licensee's safety record with respect to vehicle maintenance and inspections as a CVOR certificate holder is unacceptable.

15. (1) Subsection 106 (7) of the Act is repealed and the following substituted:

Child required to occupy seating position with seat belt assembly

(7) No person shall drive on a highway a motor vehicle in which there is a child passenger who weighs less than 27 kilograms and whose seated height to the top of his or her head is less than 63 centimetres unless the child occupies, if available, a seating position for which a seat belt assembly is provided.

(2) Clause 106 (8) (c) of the Act is repealed and the following substituted:

16. Part VII of the Act is amended by adding the following section:

Load point markings and certificate

111.1 (1) No person shall operate or permit to be operated on a highway a prescribed class of vehicle, or a combination of vehicles that includes a prescribed class of vehicle, unless,

(a) the vehicle has plainly visible load point markings placed in accordance with this section;

(b) the driver has in his or her possession a load point marking certificate issued by an authorized person in respect of the vehicle; and

Same

(2) No person shall load or cause to be loaded a prescribed class of vehicle unless,

(a) the vehicle has plainly visible load point markings placed in accordance with this section; and

(b) the vehicle is loaded in accordance with the load point markings.

Application and issuance

(3) Upon application by the owner or operator of a prescribed class of vehicle, an authorized person shall,

(a) place or cause to be placed load point markings on the vehicle to indicate the places at which loads should be loaded in order to promote the proper weight distribution; and

(b) issue a load point marking certificate in respect of the vehicle.

Pre-existing conditions required

(4) An authorized person may attach to a load point marking certificate the conditions, as the authorized person considers appropriate, that must exist for the vehicle to be loaded in accordance with the load point markings and an authorized person may specify different conditions for different circumstances.

Production of certificate

(5) A person driving on a highway a prescribed class of vehicle, or a combination of vehicles that includes a prescribed class of vehicle, shall produce the load point marking certificate for the vehicle at the request of a police officer or of an officer appointed for carrying out the provisions of this Act.

Improper load point markings

(6) If a police officer or an officer appointed for carrying out the provisions of this Act determines that the load point markings on a vehicle have not been placed in accordance with this section or that a load point marking certificate has not been issued in accordance with this section, he or she may remove and seize the load point markings and, if there is one, seize the certificate.

Load point markings to be visible

(7) No person shall operate or permit to be operated on a highway a prescribed class of vehicle, or a combination of vehicles that includes a prescribed class of vehicle, if the load point markings are obscured or obstructed by equipment, dirt or other material so that they are not plainly visible.

Authorized persons

(8) The Minister may, for the purposes of this section, authorize persons and organizations to place or cause to be placed load point markings and to issue load point marking certificates.

Same

(9) No person, other than an authorized person, shall place or alter load point markings, cause load point markings to be placed or altered or issue load point marking certificates.

Offence

(10) Every person who contravenes a provision of this section or of a regulation made under this section is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $2,000.

Evidence

(11) In a prosecution under this section, any statement containing information from the authorized person's records that has been signed by an employee of the authorized person or a copy of any writing, paper or document signed by an employee of an authorized person shall be received in evidence without proof of the signature and, in the absence of evidence to the contrary, is proof of the facts contained in the statement, writing, paper or document.

Fees

(12) The Minister may,

(a) set fees for placing and altering load point markings and for issuing load point marking certificates; and

(b) require that the fees be paid to authorized persons.

Same

(13) Where, pursuant to a regulation made under clause (15) (e), authorized persons are required to remit to the Province the fees paid to them or a specified part of those fees, the authorized persons may collect the fees and retain the part of the fees not required to be remitted to the Province, despite section 2 of the Financial Administration Act.

Forms

(14) The Minister may require that forms approved by the Minister be used for any purpose of this section.

Regulations

(15) The Lieutenant Governor in Council may make regulations,

(a) prescribing classes of vehicles for the purposes of this section, including by reference to the kind of load carried, to the owner's or operator's safety record, as defined in subsection 16 (1), or to the safety rating assigned under section 17.1 to the owner or operator;

(b) governing the application for and issuance of load point marking certificates;

(c) requiring drivers, operators and owners of prescribed classes of vehicles, or of combinations of vehicles that include a prescribed class of vehicle, to keep specified records and governing the filing of such records, reports and other documents;

(d) governing the recognition of load point markings from other jurisdictions;

(e) requiring that authorized persons remit to the Province all or a specified part of the fees for placing or altering load point markings or issuing load point marking certificates;

(f) exempting any class of persons or vehicles from any provision of this section or of the regulations made under this section.

Definitions

(16) In this section,

"authorized person" means a person or organization authorized by the Minister under subsection (8); ("personne autorisée")

"load point marking certificate" means a certificate issued by an authorized person under this section; ("certificat d'indications concernant la charge")

"operator" means,

(a) the person directly or indirectly responsible for the operation of a commercial motor vehicle, as defined in subsection 16 (1), including the conduct of the driver of, and the carriage of goods or passengers, if any, in the commercial motor vehicle or combination of vehicles, and

(b) in the absence of evidence to the contrary, where no CVOR certificate, as defined in subsection 16 (1), or lease applicable to the commercial motor vehicle is produced, the holder of the plate portion of the permit for the commercial motor vehicle. ("utilisateur")

17. (1) Clause 128 (1) (d) of the Act, as amended by the Statutes of Ontario, 1997, chapter 26, Schedule, is repealed and the following substituted:

(d) the maximum rate of speed posted in a construction zone designated under subsection (8) or (8.1).

(2) Subsection 128 (3) of the Act is repealed and the following substituted:

Same

(3) The rate of speed prescribed under subsection (2) or assigned under subsection (10.1) shall be 40, 50, 60, 70, 80, 90 or 100 kilometres per hour.

(3) Section 128 of the Act, as amended by the Statutes of Ontario, 1993, chapter 31, section 2, 1997, chapter 26, Schedule, 2002, chapter 17, Schedule C, section 15, 2002, chapter 17, Schedule F, Table and 2002, chapter 18, Schedule P, section 29, is amended by adding the following subsection:

Rate in traffic calming areas

(3.1) Where the roadway of a highway, or of a portion of a highway, is designed so that a motor vehicle may not safely travel on it at a rate of speed that is higher than 40 kilometres per hour, the council of a municipality may by by-law prescribe a rate of speed of 30 kilometres per hour for motor vehicles driven on the highway or portion of the highway.

(4) Section 128 of the Act, as amended by the Statutes of Ontario, 1993, chapter 31, section 2, 1997, chapter 26, Schedule, 2002, chapter 17, Schedule C, section 15, 2002, chapter 17, Schedule F, Table and 2002, chapter 18, Schedule P, section 29, is amended by adding the following subsections:

Same

(8.1) An official or delegate of a municipality, appointed by the municipality for the purpose of this subsection, may designate a highway or portion of a highway under the municipality's jurisdiction as a construction zone, and every construction zone shall be so marked by signs in accordance with the regulations.

Same

(8.2) The presence of signs posted under subsection (8) or (8.1) is proof, in the absence of evidence to the contrary, of the designation of the portion of the highway as a construction zone, of the authority of the person authorized under subsection (8) or (8.1) to make the designation and of the speed limit assigned to the portion of the highway under subsection (10) or (10.1).

(5) Subsection 128 (9) of the Act is repealed and the following substituted:

Regulations Act does not apply

(9) A designation under subsection (8) or (8.1) and the assignment of a speed limit under subsection (10) or (10.1) are not regulations within the meaning of the Regulations Act.

(6) Subsection 128 (10) of the Act is repealed and the following substituted:

Speed limit in construction zones

(10) The Ministry official authorized under subsection (8) may assign a lower rate of speed for motor vehicles driven in the construction zone designated by the official than is prescribed in subsection (1), and the speed limit shall not become effective until the highway or portion of it affected is signed in accordance with subsections (8) and (10.2).

Same

(10.1) The official or delegate of a municipality authorized under subsection (8.1) may assign a lower rate of speed for motor vehicles driven in the construction zone designated by the official than is prescribed in subsection (1), and the speed limit shall not become effective until the highway or portion of it affected is signed in accordance with subsections (8.1) and (10.2).

Speed limit signs in construction zones

(10.2) Signs posting the maximum rate of speed at which motor vehicles may be driven in a construction zone may be erected in accordance with the regulations.

(7) Subsection 128 (11) of the Act is repealed and the following substituted:

By-laws, regulations effective when posted

(11) No by-law passed under this section or regulation made under clause (7) (c) becomes effective until the highway or portion of it affected by the by-law or regulation, as the case may be, is signed in accordance with this Act and the regulations.

(8) Section 128 of the Act, as amended by the Statutes of Ontario, 1993, chapter 31, section 2, 1997, chapter 26, Schedule, 2002, chapter 17, Schedule C, section 15, 2002, chapter 17, Schedule F, Table and 2002, chapter 18, Schedule P, section 29, is amended by adding the following subsection:

Penalty for speeding in construction zones

(14.1) Every person who contravenes this section in a construction zone is liable, on conviction, not to the fines set out in subsection (14), but, where the rate of speed at which the motor vehicle was driven,

(a) is less than 20 kilometres per hour over the posted maximum speed limit, to a fine of double the fine set out in clause (14) (a) for each kilometre per hour that the motor vehicle was driven over the maximum speed limit;

(b) is 20 kilometres per hour or more but less than 35 kilometres per hour over the posted maximum speed limit, to a fine of double the fine set out in clause (14) (b) for each kilometre per hour that the motor vehicle was driven over the maximum speed limit;

(c) is 35 kilometres per hour or more but less than 50 kilometres per hour over the posted maximum speed limit, to a fine of double the fine set out in clause (14) (c) for each kilometre per hour that the motor vehicle was driven over the maximum speed limit; and

(d) is 50 kilometres per hour or more over the posted maximum speed limit, to a fine of double the fine set out in clause (14) (d) for each kilometre per hour that the motor vehicle was driven over the maximum speed limit.

18. Part X of the Act is amended by adding the following section:

Blocking vehicle and contents
removed

134.1 (1) A police officer or First Nations Constable may remove or order the removal of a vehicle that is blocking any part of a highway and the cargo or property spilled from a vehicle, if the cargo or property is blocking any part of a highway, to a location away from the highway, without the consent of the owner, operator or driver of the vehicle, if the officer or Constable considers it reasonably necessary in order to ensure the orderly movement of traffic or to prevent or lessen the risk of injury or damage to persons or property.

Costs of removal

(2) Where a vehicle, cargo or property has been removed in accordance with subsection (1), all costs and charges for their removal, care and storage, if any, are a lien upon the vehicle, which may be enforced in the manner provided by the Repair and Storage Liens Act.

Same

(3) Where a vehicle, cargo or property has been removed in accordance with subsection (1), all costs and charges for their removal, care and storage, if any, are a debt due by the owner, operator and driver of the vehicle, for which the owner, operator and driver are jointly and severally liable, and the debt may be recovered in any court of competent jurisdiction.

Protection from liability

(4) No action or other proceeding shall be instituted against a police officer, a First Nations Constable, a police force, a police services board, any member of a police services board, the Crown, an employee of the Crown, an agent of the Crown or any person acting on the direction of any of them for any act done in good faith in the execution or intended execution of a duty or for any alleged neglect or default in the execution in good faith of a duty under this section.

Environmental Protection Act prevails

(5) In the event of a conflict between this section and Part X of the Environmental Protection Act with respect to a spill of a pollutant on a highway, the provisions of the Environmental Protection Act prevail.

Definition

(6) In this section,

"operator" means,

(b) in the absence of evidence to the contrary, where no CVOR certificate, as defined in subsection 16 (1), or lease applicable to the commercial motor vehicle, is produced, the holder of the plate portion of the permit for the commercial motor vehicle.

19. Part X of the Act is amended by adding the following section:

Traffic control stop and slow signs

146.1 (1) A traffic control person on a highway or adjacent to a highway where construction or maintenance work is being carried out may display a traffic control stop or slow sign so that one side of the sign is visible to vehicular traffic approaching from any direction.

Driver required to stop

(2) Where a traffic control person displays a traffic control stop sign as provided in subsection (1), the driver of any vehicle or street car approaching the traffic control person shall stop before reaching the traffic control person and shall not proceed until the traffic control person stops displaying the sign.

Driver required to slow down

(3) Where a traffic control person displays a traffic control slow sign as provided in subsection (1), the driver of any vehicle or street car approaching the traffic control person shall approach the traffic control person and proceed past him or her with caution and at a slow rate of speed so as not to endanger any person or vehicle on or adjacent to the highway until the vehicle or street car has passed the construction or maintenance work.

Unauthorized use of sign

(4) No person other than a traffic control person shall display on a highway a traffic control stop or slow sign.

Offence

(5) A person who contravenes subsection (2), (3) or (4) is guilty of an offence.

Regulations

(6) The Lieutenant Governor in Council may make regulations prescribing the type, design and specifications of traffic control stop and slow signs.

Definition

(7) In this section,

"traffic control person" means a person who is directing traffic and who is employed by the road authority with jurisdiction over the highway, by a public utility within the meaning of the Public Utilities Corporations Act or by a person under contract with the road authority or public utility to do construction or maintenance work on or adjacent to the highway.

20. Part X of the Act is amended by adding the following section:

Left lane restricted to passing

147.1 (1) A driver shall not drive a vehicle in the left-most lane for traffic moving in one direction on a highway described in subsection (2) except,

(a) for the purpose of passing another vehicle;

(b) where the roadway is clearly visible and the left-most lane is clear of traffic within a reasonably safe distance; and

Same

(2) Subsection (1) applies on a highway or portion of a highway,

(a) that is divided into three or more clearly marked lanes for traffic in one direction; and

(b) where the speed limit is not less than 100 kilometres per hour.

Regulations

(3) The Lieutenant Governor in Council may make regulations,

(a) exempting classes of vehicles or persons from the application of this section and prescribing conditions or circumstances for any such exemptions;

(b) exempting all vehicles from the application of this section in prescribed conditions or circumstances;

21. Part X of the Act is amended by adding the following section:

Licence suspension, vehicle impoundment
for street racing

172.1 (1) Where a police officer is satisfied that a person is driving, or has driven, a motor vehicle on a highway in a race, the officer may,

(a) request that the person surrender his or her driver's licence;

(b) order the motor vehicle that was being driven by the person to be impounded; or

(c) both request the surrender of the driver's licence as provided in clause (a) and order the motor vehicle to be impounded as provided in clause (b).

48-hour driver's licence suspension

(2) Upon a request being made under clause (1) (a) or (c), the person to whom the request is made shall forthwith surrender his or her driver's licence to the police officer and, whether or not the person is unable or fails to surrender the licence to the police officer, his or her licence is suspended and invalid for any purpose for a period of 48 hours from the time the request is made.

48-hour vehicle impoundment

(3) Upon giving an order to impound a motor vehicle, as described in subsection (7), to the driver of the motor vehicle, the motor vehicle shall, at the cost of and risk to the owner,

(a) be removed to an impound facility as directed by a police officer; and

(b) be impounded for 48 hours.

Vehicle released from impound facility

(4) Subject to subsection (11), the motor vehicle shall be released to its owner from the impound facility upon the expiry of the period of impoundment.

Release of vehicle before end of impound
period

(5) Despite an order to impound being made under this section, a police officer may order that the motor vehicle be released to the owner before the expiry of the 48 hours if the officer is satisfied that the motor vehicle was stolen at the time that it was driven on a highway in a race.

Duty of officer re licence suspension

(6) Every officer who asks for the surrender of a licence under this section shall keep a written record of the licence received with the name and address of the person and the date and time of the suspension and, at the time of receiving the licence, shall provide the licensee with a written statement of the time from which the suspension takes effect, the length of the period during which the licence is suspended and the place where the licence may be recovered.

Duty of officer re impoundment

(7) Every officer who orders that a motor vehicle be impounded under this section shall keep a written record of the motor vehicle impounded with the name and address of the driver and the date and time of the impoundment and, at the time of the impoundment, shall provide the driver with a written order that includes a statement of the time from which the impoundment takes effect, the length of the period during which the motor vehicle is impounded and the place where the vehicle may be recovered.

No appeal or review

(8) There is no appeal or review from a licence suspension or impound order under this section.

Removal of vehicle

(9) If the motor vehicle of a person whose licence is suspended under this section is at a location from which, in the opinion of a police officer, it should be removed and there is no person available who may lawfully remove the vehicle, the officer may remove and store the vehicle or cause it to be removed and stored, in which case the officer shall notify the person whose licence is suspended of the location of the storage.

Lien for removal and storage costs

(10) The costs incurred in moving and storing a vehicle under subsection (9) and the costs incurred by the person who operates the impound facility where a vehicle is impounded under this section are a lien on the vehicle that may be enforced under the Repair and Storage Liens Act.

Costs to be paid before release

(11) The person who operates the impound facility where a motor vehicle is impounded under subsection (3) or stored under subsection (9) is not required to release the motor vehicle until the removal and impound costs for the vehicle have been paid.

Intent of suspension and order to impound

(12) The suspension of a licence or order to impound a motor vehicle under this section is intended to safeguard the driver and the public and to promote compliance with this Act and does not constitute an alternative to any proceeding or penalty arising from the same circumstances or around the same time.

Meaning of suspension for out-of-province licences

(13) With respect to a driver's licence issued by another jurisdiction, instead of the person's driver's licence being suspended, the person's privilege to drive a motor vehicle in Ontario is suspended for 48 hours.

Forms

(14) The Minister may require that forms approved by the Minister be used for any purpose of this section.

Regulations

(15) The Lieutenant Governor in Council may make regulations,

(a) prescribing the criteria that a police officer shall take into consideration in order to be satisfied that a person has driven a motor vehicle on a highway in a race;

(b) requiring police officers to keep records with respect to licence suspensions and impound orders under this section for a specified period of time and to report specified information with respect to licence suspensions and impound orders to the Registrar and governing such records and reports;

(c) exempting any class of persons or class of vehicles from any provision of this section or of any regulation made under this section, prescribing conditions for any such exemptions and prescribing different requirements for different classes of persons or vehicles.

22. Part X of the Act is amended by adding the following section:

Nitrous oxide fuel systems prohibited

172.2 (1) No person shall drive or permit to be driven on a highway a motor vehicle equipped with a nitrous oxide fuel system unless the part of the nitrous oxide fuel system comprising the canister, bottle, tank or other store of nitrous oxide is completely disconnected from the other parts of the system, the disconnection can be observed by looking at the interior or exterior of the motor vehicle and the disconnected parts cannot be reconnected from the driver or passenger seats.

Sample inspection

(2) A police officer exercising his or her powers under section 82 may take or cause to be taken a sample of any substance from a motor vehicle to determine whether or not the motor vehicle contains nitrous oxide.

Seizure and disposal of nitrous oxide, etc.

(3) A police officer exercising his or her powers under section 82 may,

(a) remove nitrous oxide, or the part of the nitrous oxide fuel system comprising the canister, bottle, tank or other store of nitrous oxide, from a vehicle and dispose of them, or cause their removal and disposal, at the cost and risk of the driver and owner, who are jointly and severally liable; or

(b) order the driver or owner of the vehicle to remove nitrous oxide, or the part of the nitrous oxide fuel system comprising the canister, bottle, tank or other store of nitrous oxide, from a vehicle and dispose of them appropriately.

Deemed service

(4) Service of an order under clause (3) (b) to the driver of the vehicle shall be deemed to be service on the owner of the vehicle.

Offence

(5) Every person who contravenes or fails to comply with subsection (1) or an order of a police officer under clause (3) (b) is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $1,000 or to imprisonment for a term of not more than six months, or to both.

Sample analysis

(6) The Minister may authorize any person or class of persons to analyze a sample of a substance taken under subsection (2) at the request of a police officer.

Evidence

(7) In any proceeding instituted under this Act, a certificate of analysis of a substance, in a form approved by the Minister, that is issued and signed by a person authorized under subsection (6) is proof, in the absence of evidence to the contrary, of the facts stated therein and of the authority of the person signing the certificate to make the analysis, without other proof of his or her authorization.

Forms

(8) The Minister may require that forms approved by the Minister be used for any purpose of this section.

Regulations

(9) The Lieutenant Governor in Council may make regulations exempting any class of persons or vehicles from any requirement or provision of this section, prescribing conditions for any such exemptions and prescribing different requirements for different classes of persons or vehicles.

23. Section 203 of the Act is repealed and the following substituted:

Reports by doctors re conditions and impairments

203. (1) Every legally qualified medical practitioner shall report to the Registrar every person who is at least 16 years old and who the medical practitioner has examined or to whom he or she has provided medical services who, in the opinion of the medical practitioner, has a prescribed medical condition or functional impairment.

Same

(2) A legally qualified medical practitioner may report to the Registrar a person who is at least 16 years old and who the medical practitioner has examined or to whom he or she has provided medical services who, in the opinion of the medical practitioner, has a medical condition or functional impairment, other than a prescribed medical condition or functional impairment, that may make it dangerous for the person to operate a motor vehicle.

Authority to report prevails over duty of confidentiality

(3) The authority to make a report under subsection (2) prevails over any duty of confidentiality imposed on the medical practitioner by or under any other Act or by a standard of practice or rule of professional conduct that would otherwise preclude him or her from providing the information described in that subsection to the Registrar.

Required to personally meet the person

(4) Subsections (1) and (2) only apply if the medical practitioner attended in person on the reported person for an examination or the provision of medical services, or in the circumstances prescribed by regulation.

Authority to report is not a duty

(5) Nothing in subsection (2) or (3) imposes a duty on a legally qualified medical practitioner to report to the Registrar under subsection (2).

24. Section 204 of the Act, as amended by the Statutes of Ontario, 1998, chapter 18, Schedule G, section 56, is repealed and the following substituted:

Reports by doctors re visual impairment

204. (1) Every legally qualified medical practitioner shall report to the Registrar every person who is at least 16 years old and who the medical practitioner has examined or to whom he or she has provided medical services who, in the opinion of the medical practitioner, has a visual impairment that may make it dangerous for the person to operate a motor vehicle.

Reports by optometrists re visual impairment

(2) Every member of the College of Optometrists of Ontario shall report to the Registrar every person who is at least 16 years old and who the optometrist has examined or to whom he or she has provided optometric services who, in the opinion of the optometrist, has a visual impairment that may make it dangerous for the person to operate a motor vehicle.

Required to personally meet the person

(3) Subsections (1) and (2) only apply if the medical practitioner or member of the College of Optometrists of Ontario has attended in person on the reported person for an examination or the provision of medical or optometric services, or in the circumstances prescribed by regulation.

25. Part XIV of the Act is amended by adding the following section:

Reports authorized by prescribed persons
re conditions and impairments

204.1 (1) A prescribed person or a person who is a member of a prescribed class of persons may report to the Registrar a person who is at least 16 years old who, in the opinion of the prescribed person or member of a prescribed class, has or appears to have a medical condition, functional impairment or visual impairment that may make it dangerous for the person to operate a motor vehicle.

Authority to report prevails over duty of confidentiality

(2) The authority to make a report under subsection (1) prevails over any duty of confidentiality imposed on the prescribed person or person of a prescribed class by or under any other Act or by a standard of practice or rule of professional conduct that would otherwise preclude him or her from providing the information described in that subsection to the Registrar.

Required to personally meet the person

(3) Subsection (1) only applies if the prescribed person or member of a prescribed class has attended in person on the reported person for an examination or the provision of services, or in the circumstances prescribed by regulation.

Authority to report is not a duty

(4) Nothing in subsection (1) or (2) imposes a duty on a prescribed person or a member of a prescribed class to report to the Registrar under subsection (1).

26. Part XIV of the Act is amended by adding the following section:

Mandatory reports by prescribed persons
re conditions and impairments

204.2 (1) A prescribed person or a person who is a member of a prescribed class of persons shall report to the Registrar every person who is at least 16 years old who, in the opinion of the prescribed person or member of a prescribed class, has or appears to have a prescribed medical condition or functional impairment.

Required to personally meet the person

(2) Subsection (1) only applies if the prescribed person or member of a prescribed class has attended in person on the reported person for an examination or the provision of services, or in the circumstances prescribed by regulation.

27. Part XIV of the Act is amended by adding the following section:

General reporting requirements

204.3 (1) A report required or authorized by section 203, 204, 204.1 or 204.2 shall include the information prescribed by the regulations.

No liability for compliance

(2) No action or other proceeding shall be brought against a person required or authorized to make a report under section 203, 204, 204.1 or 204.2 for making such a report or for reporting to the Registrar in good faith with the intention of reporting under the section.

Reports privileged

(3) A report made under section 203, 204, 204.1 or 204.2, or made to the Registrar in good faith with the intention of reporting under one of those sections, is privileged for the information of the Registrar only and shall not be open to public inspection.

Reports inadmissible in evidence

(4) A report made under section 203, 204, 204.1 or 204.2, or made to the Registrar in good faith with the intention of reporting under one of those sections, is inadmissible in any trial except to prove that a person required or authorized by one of those sections to make a report acted, or intended in good faith to act, in accordance with the section.

Regulations

(5) The Lieutenant Governor in Council may make regulations,

(a) prescribing medical conditions and functional impairments for the purposes of subsections 203 (1) and 204.2 (1);

(b) prescribing persons and classes of persons for the purpose of sections 204.1 and 204.2;

(d) prescribing information to be included in a report under section 203, 204, 204.1 or 204.2, including,

(i) the name, address and date of birth of the person who is the subject of the report,

(ii) the diagnosis and, if possible, the prognosis, including a brief description of the circumstances relevant to each, and

(iii) relevant clinical information, including medication and treatment and, if available, investigation results.

Same

(6) For the purpose of making a regulation under clause (5) (a), a medical condition or functional impairment may include any circumstances relevant to the medical condition or functional impairment, to its cause or onset or to the prospect of recovery or of the success or failure of treatment, including the person's failure to seek treatment or to follow medical or other professional advice.

City of Toronto Act (Traffic Calming), 2000

28. (1) The City of Toronto Act (Traffic Calming), 2000, being chapter Pr9, is repealed.

(2) Despite subsection (1), any by-law made under the City of Toronto Act (Traffic Calming), 2000, being chapter Pr9, and in force on the day subsection (1) comes into force shall be deemed to have been made under subsection 128 (3.1) of the Highway Traffic Act and shall remain in force until it is amended or repealed under that subsection.

Red Tape Reduction
Act, 1999

29. Section 7 of Schedule R to the Red Tape Reduction Act, 1999 is repealed.

Commencement and Short Title

Commencement

30. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

31. The short title of this Act is the Road Safety Act, 2003.

EXPLANATORY NOTE

The Bill amends the Highway Traffic Act as follows:

The Act currently requires commercial motor vehicles to be operated under a CVOR certificate. This requirement is extended to other prescribed classes of vehicles.

Police and enforcement officers are authorized to detain a vehicle and seize its permits and number plates if the vehicle is being operated without the operating licence required under the Public Vehicles Act.

Section 40 currently allows the Minister, with the approval of the Lieutenant Governor in Council, to enter into reciprocal agreements with a state of the United States of America to provide for sanctioning by the licensing jurisdiction for offences committed in the reciprocal jurisdiction and for issuing driver's licences in exchange for the driver's licence issued by the reciprocal jurisdiction. This is amended in two ways: provinces and territories of Canada are added to the reciprocal jurisdictions with which agreements can be made; authority is added to enter into agreements for the suspension of a person's driver's licence for failure to pay a fine, penalty or costs imposed for an offence committed in the reciprocal jurisdiction.

Section 73 currently prohibits driving a motor vehicle with tinted windshields or windows. This is amended so that the kinds and levels of tinting will be regulated by regulation.

Section 85 requires that a vehicle display a device as evidence that the inspection requirements and performance standards prescribed by the regulations have been complied with. Added to section 85 is that the device is evidence that the inspection procedures prescribed by the regulations have been complied with. Sections 85 and 87 are amended so that the classes of vehicles that are required to display this device are to be prescribed by regulation and the regulation may classify the vehicles based on the use to which the vehicles are put or the requirements governing their licensing or operation. Vehicles exempted from this requirement will be determined by regulation, and the power to classify the exempted vehicles is very broad.

The Director of Vehicle Inspection Standards is authorized to refuse to issue or renew a motor vehicle inspection station licence or to revoke such a licence based on an applicant's or licensee's poor safety record with respect to vehicle maintenance and inspections as a CVOR certificate holder.

Subsection 106 (7) requires a child passenger who weighs less than 23 kilograms to occupy a position where there is a seat belt. This is amended to apply to children who weigh less than 27 kilograms and whose seated height to the top of the head is less than 63 centimetres.

A passenger in a motor vehicle is currently exempted from the requirement to wear a seat belt if he or she is secured in another manner prescribed by the regulations. Clause 106 (8) (c) is amended so that the exemption applies if the regulations require the passenger to be secured in another manner.

New section 111.1 is added to Part VII (Load and Dimensions). Prescribed classes of vehicles will be required to display load point markings indicating the places at which loads should be loaded in order to promote their proper weight distribution. The drivers of such vehicles will also be required to carry a load point marking certificate in the vehicle.

Section 128 (Rate of speed) is amended as follows: municipalities are authorized to pass by-laws prescribing a speed limit of 30 kilometres per hour in traffic calming areas; officials and delegates of municipalities are authorized to designate construction zones and to prescribe a speed limit not less than 40 kilometres per hour in construction zones; the Ministry's power respecting speed limits in construction zones is clarified; the fines for speeding in a construction zone are doubled. As a consequence of the traffic calming provision, the City of Toronto Act (Traffic Calming), 2000, being chapter Pr9, is repealed.

New section 134.1 empowers police officers and First Nations Constables to remove or order the removal of a vehicle, or its spilled contents, that is blocking a highway.

New section 146.1 requires drivers to obey traffic control stop and slow signs displayed by a traffic control person on or adjacent to a highway where construction or maintenance work is being carried out.

New section 147.1 prohibits drivers from driving in the left-most lane except for the purpose of passing another vehicle. This applies only on highways divided into three or more lanes for traffic in one direction where the speed limit is at least 100 kilometres per hour.

New section 172.1 authorizes a police officer to suspend a person's driver's licence for 48 hours or impound the vehicle he or she is driving for 48 hours, or both, if the person drives the vehicle on a highway in a race.

New section 172.2 prohibits driving a motor vehicle equipped with a nitrous oxide fuel system unless the part of the system where the nitrous oxide is stored is disconnected from the rest of the system and cannot be reconnected from the driver or passenger seats, and the disconnection is observable by looking at either the interior or exterior of the vehicle.

Sections 203 and 204 currently require doctors and optometrists to report to the Registrar of Motor Vehicles the name, address and clinical condition of every person 16 years old or older who, in the opinion of the doctor or optometrist, suffers from a condition that may make it dangerous for the person to drive. These are amended so that doctors will be required to make the report if the person has a prescribed medical condition or functional impairment and may make the report if the person has a medical condition or functional impairment that is not prescribed and that may make it dangerous for the person to drive. Doctors and optometrists will be required to make the report if the person has a visual impairment that may make it dangerous for the person to drive. New sections 204.1 and 204.2 authorize prescribed persons or persons belonging to a prescribed class to make similar reports to the Registrar. All these provisions specify that a report is to be made only if the doctor, optometrist or prescribed person actually meets the person about whom he or she makes a report, or in circumstances that may be prescribed by regulation. The amendments also provide that when a doctor or prescribed person is authorized, but not required, to make a report to the Registrar, he or she may do so despite any other duty of confidentiality that he or she may have.