Bill 115, Highway Traffic Amendment Act (Speed Limiters), 2006

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Bill 115 2006

An Act to amend the
Highway Traffic Act
to improve air quality by
reducing truck emissions

Note: This Act amends the Highway Traffic Act. For the legislative history of the Act, see Public Statutes - Detailed Legislative History on www.e-Laws.gov.on.ca.

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:

Speed limiters

68.1 (1) In this section,

"operator" means the person directly or indirectly responsible for the operation of a motor vehicle, including the conduct of the driver of the vehicle and the carriage of goods or passengers, if any, in the vehicle, and "operate" as a verb has a corresponding meaning; ("utilisateur", "utiliser")

"speed limiter" means a device mounted on a motor vehicle that, when engaged, electronically limits the maximum speed at which the vehicle is driven to the speed set on the device. ("limiteur de vitesse")

Duty of repairer

(2) A person who repairs or maintains a motor vehicle described in subsection (4) shall ensure that, at the time the person releases the vehicle to another person, the vehicle is equipped with a speed limiter and that the speed limiter is engaged and set to a maximum speed of 105 kilometres per hour.

Duty of driver and operator

(3) A person who drives or operates a motor vehicle described in subsection (4) shall ensure that the vehicle is equipped with a speed limiter and that the speed limiter is engaged and set to a maximum speed of 105 kilometres per hour.

Vehicles affected

(4) Subsections (2) and (3) apply to a motor vehicle that,

(a) is manufactured on or after January 1, 1996;

(b) is not an ambulance, bus, fire department vehicle, mobile home, police department vehicle or other emergency vehicle; and

Deemed non compliance

(5) A person who drives or operates a motor vehicle described in subsection (4) is deemed to have failed to comply with subsection (3) if the driver has been convicted of a speeding offence under section 128 for driving the vehicle at a speed greater than 105 kilometres per hour.

Offence

(6) Every person who contravenes subsection (2) or (3) is guilty of an offence and on conviction is liable to a fine of not more than the amount prescribed by the regulations.

Regulations

(7) The Lieutenant Governor in Council may make regulations prescribing an amount for the purpose of subsection (6).

Commencement

2. This Act comes into force on the first anniversary of the day it receives Royal Assent.

Short title

3. The short title of this Act is the Highway Traffic Amendment Act (Speed Limiters), 2006.

EXPLANATORY NOTE

The Bill amends the Highway Traffic Act by requiring a person repairing or maintaining a motor vehicle manufactured after 1995 and having a weight exceeding 11,000 kilograms to have a speed limiter set at a maximum speed of 105 kilometres per hour when the person releases the vehicle to another person. Also, the driver or person responsible for the operation of such a motor vehicle is required to have the speed limiter set at a maximum speed of 105 kilometres per hour. It is an offence to contravene those two requirements. A person is deemed to have contravened the requirement for drivers and operators if the driver is convicted of a speeding offence for driving the motor vehicle at a speed greater than 105 kilometres per hour.