Bill 221 2009

An Act to amend the Highway Traffic Act to create an optional conditional driver's licence for seniors

This Act amends the Highway Traffic Act.  For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History at 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:

Election to hold senior driver's licence

   38.1  (1)  The Minister may issue a senior driver's licence to the holder of a prescribed class of driver's licence who has reached 65 years of age and who has elected to apply for a licence under this section.

Condition: No highway driving permitted

   (2)  A senior driver's licence is subject to the condition that the licence holder is prohibited from driving a motor vehicle on the following highways:

    1.  Those parts of the King's Highway known as Nos. 400, 400A, 401, 402, 403, 404, 405, 406, 407, 409, 410, 416, 417, 420 and 427 with posted speed limits greater than 80 kilometres per hour.

    2.  All of the King's Highway known as the Queen Elizabeth Way.

    3.  Those parts of the highway known as the Don Valley Parkway, the Gardiner Expressway and the E. C. Row Expressway.

    4.  That part of the King's Highway known as the Conestoga Parkway from its westerly limit at its intersection with the King's Highway known as Nos. 7 and 8 to its northerly limit at its intersection with the King's Highway known as No. 86.

    5.  Other highways which may be prescribed in the regulations.

Requirements

   (3)  To obtain a senior driver's licence under this section, an applicant must,

  (a)  submit to and pass a practical examination described in subsection (4);

  (b)  submit to and successfully complete other examinations as prescribed in the regulations; and

   (c)  meet the qualifications and requirements prescribed in the regulations.

Same

   (4)  A practical examination mentioned in clause (3) (a) shall not include a requirement that the applicant drive on one of the highways listed in subsection (2).

Human Rights Code, non-application

   (5)  The age requirement in subsection (1) applies despite the Human Rights Code.

Marker

   (6)  The holder of a senior driver's licence shall, in accordance with the regulations, affix a removable marker to the rear of any vehicle being driven by the holder.

Notation on licence

   (7)  The Minister shall ensure that every senior driver's licence that is issued includes a visible notation on the licence, in accordance with the regulations, to indicate that the licence is subject to a condition.

Regulations

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

  (a)  prescribing a highway for the purposes of paragraph 5 of subsection (2);

  (b)  prescribing qualifications and requirements for applicants and holders of a senior driver's licence;

   (c)  prescribing classes of licence holders who may apply for a senior driver's licence;

  (d)  prescribing circumstances under which the holder of a senior driver's licence may be required to attend before an official of the Ministry for an interview and the examination or examinations that may be required;

  (e)  prescribing circumstances under which the holder of a senior driver's licence may be required to produce evidence with regard to successful completion of a Ministry approved driver education or improvement course;

    (f)  prescribing circumstances under which the class of a senior driver's licence may be changed as a consequence of a conviction for any offence under this Act or for a contravention of any condition on the licence;

  (g)  prescribing markers to be displayed on or in motor vehicles driven by the holder of a senior driver's licence and governing the conditions of their use and the manner of displaying them;

   (h)  prescribing notations that must appear on a senior driver's licence;

    (i)  exempting the holder of a senior driver's licence from any requirement under this Part or any regulation made under this Part and prescribing conditions for the exemption.

Offence

   (9)  A holder of a senior driver's licence who contravenes a condition of his or her driver's licence imposed under subsection (2) or under the regulations is guilty of an offence.

Commencement

   2.  This Act comes into force six months after the day it receives Royal Assent.

Short title

   3.  The short title of this Act is the Highway Traffic Amendment Act (Senior Driver's Conditional Licence), 2009.

EXPLANATORY NOTE

The Bill amends the Highway Traffic Act to add a new section which creates a senior driver's licence. The Minister may issue a senior driver's licence to drivers who have reached 65 years of age, who elect to hold this licence, and who meet the requirements set out in the section.

A senior driver's licence is subject to the condition that the holder is not permitted to drive a vehicle on specified highways. The Bill also provides that any practical test necessary to obtain the senior driver's licence will not require driving on a specified highway.