BILL NO. 15. Highway Traffic (Combating Impaired Driving) Amendment Act

Transcription

1 HOUSE USE ONLY CHAIR: WITH / WITHOUT 3rd SESSION, 64th GENERAL ASSEMBLY Province of Prince Edward Island 61 ELIZABETH II, 2012 BILL NO. 15 Highway Traffic (Combating Impaired Driving) Amendment Act Honourable Robert S. Vessey Minister of Transportation and Infrastructure Renewal GOVERNMENT BILL MICHAEL D. FAGAN Queen s Printer Charlottetown, Prince Edward Island

2 For House Use Only Prince Edward Island Legislative Assembly AMENDMENTS ASSEMBLY / SESSION / YEAR 64th General / 3rd / 2012 BILL NUMBER: 15 PAGE No. of PAGES TITLE: HIGHWAY TRAFFIC (COMBATING IMPAIRED DRIVING) AMENDMENT ACT # SECTION AMENDMENT DATE NOTED: CERTIFIED CORRECT: COMMITTEE CLERK CHAIRMAN, IN COMMITTEE

3 BILL NO Highway Traffic (Combating Impaired Driving) Amendment Act BE IT ENACTED by the Lieutenant Governor and the Legislative Assembly of the Province of Prince Edward Island as follows: 1. The Highway Traffic Act R.S.P.E.I. 1988, Cap. H-5 is amended by this Act. 2. Section 73 of the Act is amended (a) by the repeal of clause (o) and the substitution of the following: (o) to a person if the person s last driver s license was cancelled under subsection 261(1) or 261(1.2), except in accordance with subsections (1.1) to (1.5). (b) by the addition of the following after subsection (1): (1.1) Where a person s license has been cancelled and the person has been disqualified under subsection 261(1) or 261(1.2) from holding or obtaining a license, the person may apply to the Registrar in accordance with subsection 261(1.1) for the issuance of a subsequent license. Mandatory use of alcohol ignition interlock device (1.2) The Registrar may issue a license to a person referred to in subsection (1.1) only on the condition that the person who is subject to the disqualification, in addition to complying with the other requirements imposed under this Act, (a) shall not operate a motor vehicle during the term set out in subsection (1.3) unless the vehicle is equipped with an alcohol ignition interlock device satisfactory to the Registrar; and (b) shall comply with any terms or conditions imposed by the Registrar. Issuance of license (1.3) Subject to subsections (1.4) and (1.5), the term during which a person referred to in subsection (1.1) shall not operate a motor vehicle unless the vehicle is equipped with an alcohol ignition interlock device satisfactory to the Registrar is (a) for a first conviction, one year from the expiration of the prohibition period imposed by the court; (b) for a second conviction within ten years, two years from the expiration of the prohibition period imposed by the court; (c) for a third or subsequent conviction within ten years, five years from the expiration of the prohibition period imposed by the court. Term 1

4 2 Bill No. 15 Highway Traffic (Combating Impaired Driving) Amendment Act 2012 Reduction of term Additional term (1.4) Where a person referred to in subsection (1.1), during the prohibition period imposed by the court in respect of the offence under the Criminal Code, has been registered and has participated in, and has complied with the terms and conditions of, an alcohol ignition interlock program approved by the Registrar, the term set out under subsection (1.3) is reduced by the period of the person s participation in the alcohol ignition interlock program during the prohibition period. (1.5) Where, following a review under section 264.4, the Registrar is satisfied that a child was present at the time an offence was committed under section 253 or 254(5) of the Criminal Code, and the person charged with the offence is convicted of, pleads guilty to or is found guilty of the offence, the Registrar may add a further term of up to twelve months, to be served consecutively, to the term pursuant to clause (1.3)(a), (b) or (c) during which the person is required to use an alcohol ignition interlock device when operating a vehicle. 3. Section of the Act is amended (a) by the addition of the following after subsection (1): Impoundment for specific offences (1.1) A peace officer may cause a motor vehicle to be taken to and impounded at a place directed by the peace officer if the peace officer is satisfied that by means of or in relation to the person s operation of the motor vehicle (a) an offence under one of the following provisions of the Criminal Code has been committed: (i) section 220 (criminal negligence causing death), (ii) section 221 (criminal negligence causing bodily harm), (iii) section 236 (manslaughter), (iv) subsection 249(3) (dangerous operation of a motor vehicle causing bodily harm), (v) subsection 249(4) (dangerous operation of a motor vehicle causing death), (vi) paragraph 249.1(4)(a) (flight from police causing bodily harm), (vii) paragraph 249.1(4)(b) (flight from police causing death), (viii) section (criminal negligence causing death while street racing), (ix) section (criminal negligence causing bodily harm while street racing), (x) subsection 249.4(3) (dangerous operation of a motor vehicle causing bodily harm while street racing), (xi) subsection 249.4(4) (dangerous operation of a motor vehicle causing death while street racing), (xii) subsection 255(2) (impaired driving causing bodily harm), 2

5 2012 Highway Traffic (Combating Impaired Driving) Amendment Act Bill No (xiii) subsection 255(2.1) (blood alcohol over.08 causing bodily harm), (xiv) subsection 255(2.2) (refusal to supply sample causing bodily harm), (xv) subsection 255(3) (impaired driving causing death), (xvi) subsection 255(3.1) (blood alcohol over.08 causing death), (xvii) subsection 255(3.2) (refusal to supply sample causing death); (b) an offence under one of the following provisions of the Criminal Code has been committed and within 10 years before the commission of the offence the person has been convicted of one of the offences listed in clause (a) or two or more of the offences listed in subclauses (i) to (viii): (i) subsection 249(2) (dangerous operation of a motor vehicle), (ii) subsection 249.1(2) (flight from police), (iii) subsection 249.4(1) (dangerous operation of a motor vehicle while street racing), (iv) section 252 (failure to stop at accident), (v) paragraph 253(1)(a) (impaired driving), (vi) paragraph 253(1)(b) (blood alcohol over.08), (vii) subsection 254(5) (refusal to supply sample), (viii) subsection 259(4) (driving while disqualified). (1.2) All of the offences giving rise to liability to impoundment for the purposes of clause (1.1)(b) must arise out of separate incidents. (b) in subsection (2), by the deletion of the words subsection (1) and the substitution of the words subsection (1) or (1.1) ; Separate incidents (c) in subsection (3), by the deletion of the words subsection (1) and the substitution of the words subsection (1) or (1.1) ; and (d) in subsection (4), by the deletion of the words subsection (1) wherever they occur and the substitution of the words subsection (1) or (1.1). 4. Section of the Act is amended (a) in subsection (1), by the deletion of the words section and the substitution of the words subsection 255.1(1) ; (b) in subsection (2), by the deletion of the words section wherever they occur and the substitution of the words subsection 255.1(1) ; (c) by the addition of the following after subsection (2): 3

6 4 Bill No. 15 Highway Traffic (Combating Impaired Driving) Amendment Act 2012 Period of impoundment (2.1) A motor vehicle impounded under section 255.1(1.1) is to remain impounded for a period of six months from the date it is impounded. (d) in subsection (3), by the deletion of the words subsection (2) wherever they occur and the substitution of the words subsection (2) or (2.1). 5. The Act is amended by the addition of the following after section 264: Definition Report to Registrar Required information Notice of review (1) In this section and sections to 264.5, child means a person under the age of sixteen years. (2) Where a peace officer has reason to believe that a person committed an offence under section 253 or subsection 254(5) of the Criminal Code in relation to operating or having care and control of a motor vehicle and that a child was present in the motor vehicle at the time of the alleged offence, the peace officer shall prepare and submit to the Registrar a report of the matter. (3) A report made under subsection (2) shall include the driver s name, the circumstances of the alleged offence and, where available, the child s name and date of birth, and any other information prescribed in the regulations (1) On receipt of a report made under subsection 264.1(2), the Registrar shall provide a copy of the report to the person named in the report together with a written notice advising the person that (a) the Registrar shall review the matter to determine to the Registrar s satisfaction whether a child was present in the motor vehicle at the time of the alleged offence; (b) the person has a right to participate in the review by providing a written submission to the Registrar within 30 days of receipt of the notice; (c) where the person fails to provide a written submission in accordance with clause (b), the Registrar shall make a determination following a review based on the report provided by the peace officer; (d) the determination made by the Registrar cannot be appealed; and (e) where the person is convicted, pleads guilty to or is found guilty of the alleged offence, and the Registrar is satisfied that a child was present in the motor vehicle at the time of the offence, the person is subject to an additional period of required participation in an alcohol ignition interlock program as set out in subsection 73(1.5). 4

7 2012 Highway Traffic (Combating Impaired Driving) Amendment Act Bill No (2) The notice referred to in subsection (1) shall be delivered in accordance with section 9 to the person s address on file with the Registrar (1) Unless otherwise permitted by the Registrar, a review shall be conducted by consideration of written submissions. Service of notice Review written submissions (2) A person to whom a notice has been issued under section may participate in the review by providing a written submission to the Registrar within 30 days of receipt of the notice. (3) The person s submission shall include (a) the prescribed fee, if any; (b) a written statement, including any sworn or solemnly affirmed statements to be considered during the review; (c) the person s full name, current mailing address, telephone number and fax number, if any; and (d) contact information for the person s legal counsel or agent, if any. (4) Where the submission states that the person is represented by legal counsel or an agent, the registrar shall communicate with the person through the legal counsel or agent, as the case may be. Submission within 30 days Requirements for submission Legal counsel or agent (5) A submission and any related documents may be delivered to the office of the Registrar by hand, mail, courier or facsimile. (6) A document that is received outside the Registrar s business hours is deemed to have been delivered on the next day on which the Registrar s office is open for business. Delivery to Registrar Deemed delivery (7) Where a person fails to make a submission in accordance with this section within 30 days of receipt of the notice, the participation of that person is deemed to have been waived by that person and the Registrar may proceed to make any determination that the Registrar could make following a review. Failure to make submission (1) In conducting a review, the registrar shall consider (a) the report of the peace officer; (b) the submission, if any, of the person named in the report; and (c) where the review is conducted in person or by telephone, information delivered verbally. Conduct of review (2) In conducting a review under this section, the Registrar may do any or all of the following: (a) request additional information from the person in the form and within the time period specified by the Registrar, including sworn or solemnly affirmed statements; Authority of Registrar on review 5

8 6 Bill No. 15 Highway Traffic (Combating Impaired Driving) Amendment Act 2012 (b) request or permit a request to receive a submission in person or by telephone or other electronic means, if the Registrar determines that (i) to do so would be more efficient than a review by written submissions only, or (ii) there may be issues of credibility; (c) allow additional time for information to be submitted; (d) request additional information from the peace officer who prepared the report, or from any other person. Question for determination Results of review Written reasons Delivery Determination final (3) In conducting a review under this section, the sole question for determination by the Registrar is whether a child was in the motor vehicle at the time of the alleged offence (1) On completion of a review, where the Registrar is satisfied that a child was present in the motor vehicle at the time of the alleged offence, the Registrar shall make a note of that determination on the record of the person with respect to whom the review was conducted. (2) The Registrar s determination shall (a) be in writing; and (b) state the reasons for making the determination. (3) The Registrar s determination shall be delivered in accordance with section 9 to (a) the person s address as indicated in the person s submission; (b) the person s legal counsel or agent if one is designated; or (c) where no submission was received from the person, to the last address of the person on file with the Registrar. (4) The Registrar s determination on review is final and is not subject to any review or appeal. 6. Clause 312(aa.2) of the Act is repealed and the following substituted: (aa.2) prescribing the form and content of combined notices of driving suspension and prohibition for the purposes of (i) subsection 264.1(2), (ii) subsections 277.1(3) and (4) and section 277.2, or (iii) subsections 277.9(4 ) and (8) and section 277.2; 7. This Act comes into force on a date that may be fixed by proclamation of the Lieutenant Governor in Council. 6

9 2012 Highway Traffic (Combating Impaired Driving) Amendment Act Bill No EXPLANATORY NOTES SECTION 1 provides that the Highway Traffic Act R.S.P.E.I. 1988, Cap. H-5 is amended by this Act. SECTION 2 amends section 73 of the Act to add additional conditions governing the issuing of a driver s license to a person whose previous driver s license was cancelled. The new subsections (1.1) to (1.4) set out the rules for mandatory periods of alcohol ignition interlock use: one year for a first conviction; two years for a second conviction within 10 years; five years for a third or subsequent conviction within 10 years. The new subsection (1.5) authorizes the Registrar to impose an additional period of up to 12 months of alcohol ignition interlock use where a driver has been convicted of, pleaded guilty to or was found guilty of an offence under section 253 or subsection 254(5) of the Criminal Code and a child under the age of 16 was present in the vehicle at the time of the offence. SECTION 3 amends section of the Act to provide for a longer impoundment period for the vehicle of a driver who has committed any offence listed in clause (1.1)(a), or an offence listed in clause (1.1)(b) where the driver has been convicted within the previous ten years of one of the offences listed in clause (a) or two or more of the offences listed in clause (b). The new long-term impoundment period is 6 months. SECTION 4 amends section of the Act to incorporate references to the amendments in section SECTION 5 adds new sections to to provide a review process by the Registrar in order to determine whether a child was present in the vehicle at the time when an offence was committed under section 253 or subsection 254(5) of the Criminal Code. The peace officer who arrested the person for the offence is required to make a report to the Registrar respecting the presence of a child under the age of 16 in the vehicle when the offence was committed. The person affected must be given a copy of the report and notice of the review by the Registrar and is given 30 days to provide a written submission to the Registrar regarding the matter. Following the review, the Registrar is authorized to make a determination as to the presence of the child in the vehicle at the time of the offence, and the Registrar s determination is final and not subject to review or appeal. SECTION 6 amends clause 312(aa.2) of the Act to provide for the form of the report to be provided for the purposes of subsection 264.1(2). 7

10 8 Bill No. 15 Highway Traffic (Combating Impaired Driving) Amendment Act 2012 SECTION 7 provides for the commencement of this Act. 8

11 BILL NO. 15 Highway Traffic (Combating Impaired Driving) Amendment Act STAGE: DATE: 1st Reading: November 22, nd Reading: To Committee: Reported: 3rd Reading and Pass: Assent: SIGNATURES: Honourable H. Frank Lewis, Lieutenant Governor Honourable Carolyn I. Bertram, Speaker Clerk Honourable Robert S. Vessey Minister of Transportation and Infrastructure Renewal GOVERNMENT BILL rd SESSION, 64th GENERAL ASSEMBLY