Bill 74 2008

An Act in memory of Jay Lawrence and Bart Mackey to amend the Highway Traffic Act

This Act amends the Highway Traffic Act.  For the legislative history of the Act, see the Table of Consolidated 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:

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 except in those circumstances and in accordance with those conditions prescribed by the regulations.

Same

   (2)  No person shall occupy the truck or delivery body of a commercial motor vehicle while the vehicle is being driven on a highway except in those circumstances and in accordance with those conditions prescribed by the regulations.

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 except in those circumstances and in accordance with those conditions prescribed by the regulations.

Same

   (4)  No person shall occupy a vehicle being towed or drawn by a motor vehicle on a highway except in those circumstances and in accordance with those conditions prescribed by the regulations.

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 Minister may make regulations prescribing circumstances and conditions for the purpose of subsection (1), (2), (3) or (4).

Scope of regulations

   (9)  A regulation made under subsection (8) may be general or specific in its application and may apply differently to different classes of persons or classes or types of 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), 2008.

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, except in those circumstances and in accordance with those conditions prescribed by the regulations made under the Act. A person is also prohibited from occupying a vehicle that is being towed or drawn on a highway, except in those circumstances and in accordance with those conditions prescribed by the regulations made under the Act.

Drivers are prohibited 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.