Bill 24 2003

An Act to amend the
Highway Traffic Act
to protect children
while on school buses

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

1. (1) Clause 207 (2) (b) of the Highway Traffic Act, as re-enacted by the Statutes of Ontario, 1998, chapter 38, section 5, is amended by striking out "175".

(2) Clause 207 (2) (b) of the Act, as set out in subsection 5 (3) of the Red Light Cameras Pilot Projects Act, 1998, is amended by striking out "175".

(3) Section 207 of the Act, as amended by the Statutes of Ontario, 1993, chapter 31, section 2 and 1998, chapter 38, section 5, is amended by adding the following subsections:

Owner convicted under
subs. 175 (17)

(9) Despite subsection 175 (17), the owner of a vehicle convicted under that subsection is liable,

(a) on a first conviction, to a fine of not less than $1,000 and not more than $2,000; and

(b) on a subsequent conviction, to a fine of not less than $2,000 and not more than $3,000.

Application

(10) Subsection (9) does not apply where the owner of the motor vehicle is also the driver who contravened subsection 175 (17).

Same

(11) An owner of a vehicle convicted under subsection 175 (17) shall not be liable to imprisonment, a probation order under subsection 72 (1) of the Provincial Offences Act or a driver's licence suspension as a result of the conviction or as a result of default in payment of a fine resulting from that conviction.

Limitation

(12) The owner of a vehicle shall not be convicted under this section of an offence under subsection 175 (17) if,

(a) the owner was not driving the vehicle at the time the offence was committed; and

(b) the driver of the vehicle has been identified to the police by the owner.

Commencement

2. (1) Subject to subsection (2), this Act comes into force on the day it receives Royal Assent.

Same

(2) Subsection 1 (2) comes into force immediately upon the coming into force of subsection 5 (3) of the Red Light Cameras Pilot Projects Act, 1998.

Short title

3. The short title of this Act is the Protection of Children on School Buses Act, 2003.

EXPLANATORY NOTE

The Bill imposes liability on the owner of a vehicle that fails to stop for a school bus that has its overhead red signal lights flashing.