Criminal Law

                        

JimONeilLaw.com

About Site

About Jim

Contact Us

HOME INDEX

GoTo   | General Topics | Home  

BY THE REGISTRAR

Motor Vehicle Act (NS)


Refusal to issue and restoration of driver's license


67 (1) The Department, with the approval of the Minister, may refuse to issue a driver's license to any person.


(2) The Department, with the approval of the Minister, may refuse to issue a driver's license to any person who, being the holder of a license like a driver's license issued to the person in another province or country, refuses to surrender the license to the Department.


(2A)  The Department shall not issue a license to a person if a decision has been made to suspend or revoke the person's license in the person's previous jurisdiction of residence and the suspension or revocation has not yet taken place.


(3) The Department shall not issue a driver's license


(a) for the operation of any motor vehicle other than a farm tractor to a person who is under the age of sixteen years; or


(b) for the operation of a farm tractor to a person who is under the age of fourteen years.


(4) The Department shall not issue a driver's license to any person whose driver's license has been revoked under Section 278, or to any person who has been convicted in the Province of any of the offences mentioned in Section 278 until the period of revocation set forth in subsection (5) has elapsed or until any order of prohibition made by a court pursuant to section 259 of the Criminal Code (Canada) has expired.


(5) No application for restoration of a driver's license or the privilege of obtaining a driver's license shall be made until there has expired from the date of the revocation a period of


(a) six months in the case of a first revocation or two years in the case of a second revocation or five years in the case of a subsequent revocation where the revocation was for a violation of section 234, 234.1, or 235 of the Criminal Code, being Chapter C-34 of the Revised Statutes of Canada, 1970, that occurred before the first day of July, 1984;


(aa) six months, where the revocation was for a violation of section 334 of the Criminal Code (Canada) respecting theft of gasoline or diesel oil as defined in the Revenue Act;


(ab) six months in the case of a first revocation or two years in the case of a subsequent revocation where the revocation was for a violation of the Criminal Code (Canada) referred to in clause (da) of subsection (1) of Section 278;


Violation of Section 234, 234.1, or 235 of the Criminal Code


(b) one year in the case of a first revocation or two years in the case of a second revocation or five years in the case of a subsequent revocation where the revocation was for a violation of Section 234, 234.1, or 235 of the Criminal Code, being Chapter C-34 of the Revised Statutes of Canada, 1970, that occurred on or after the first day of July, 1984;


Violation of section 253, 254, section 255 or subsection 259(4) of the Criminal Code


(ba) one year in the case of a first revocation, three years in the case of a second revocation and indefinitely in the case of a third or subsequent revocation where the revocation was for a violation of section 253, 254, section 255 or subsection 259(4) of the Criminal Code, being Chapter C-46 of the Revised Statutes of Canada, 1985, where the disqualification under subsection 259(4) was occasioned by an alcohol-related offence that occurred on or after the coming into force of this clause;


Violation of subsection 249(1), 249.1(1), 249.2, 249.3, 249.4 or 252(1) of the Criminal Code


(c) two years in the case of a first revocation and five years in the case of a subsequent revocation where the revocation was for a violation of subsection 249(1), 249.1(1), 249.2, 249.3, 249.4 or 252(1) of the Criminal Code (Canada) and where the offence involved the operation of a motor vehicle;


Violation of section 220, 221 or 236 or subsection 249(3), 249(4), 249.1(3), 252(1.2), 252(1.3), 255(2) or 255(3) of the Criminal Code


(ca) five years in the case of a first revocation and indefinitely in the case of a subsequent revocation where the revocation was for a violation of section 220, 221 or 236 or subsection 249(3), 249(4), 249.1(3), 252(1.2), 252(1.3), 255(2) or 255(3) of the Criminal Code (Canada) and where the offence involves the operation of a motor vehicle;


Theft of a motor vehicle


(d) two years in the case of a first revocation or five years in the case of a subsequent revocation where the revocation was for the theft of a motor vehicle in violation of section 334 of the Criminal Code (Canada) or for a violation of section 335 of the Criminal Code (Canada);


Other


(da) one year in the case of a first revocation or two years in the case of a subsequent revocation where the revocation was for a violation of subsection (1) of Section 287;


(e) except as provided in subsection (10), one year in the case of a first revocation or two years in the case of a subsequent revocation where the revocation was for a violation of section 238 of the Criminal Code, being Chapter C-34 of the Revised Statutes of Canada, 1970, that occurred before the fourth day of December, 1985, or subsection 259(4) of the Criminal Code (Canada) where the disqualification under that subsection was for a non-alcohol-related offence or subsection (2) of Section 287 of this Act, the new revocation period to be concurrent with any period of revocation provided in this subsection, or any prohibition or suspension which may be in effect at the time of the revocation; or


(f) time determined by the Governor in Council for any offence designated pursuant to clause (d) of subsection (1) of Section 278.


(5A) Notwithstanding clause (ba) of subsection (5), application may be made for restoration of a person's driver's license or privilege of obtaining a driver's license by a person where the revocation was for a violation of section 253, 254, 255 or subsection 259(4) of the Criminal Code (Canada) where the disqualification under subsection 259(4) was occasioned by an alcohol-related offence before the expiry of the time periods referred to in clause (ba) of subsection (5), if the Registrar permits the person to participate in an ignition interlock program as established by the regulations.




Ignition interlock program


(5B) The driver's license of a person that has been restored upon application pursuant to subsection (5A) is restored only for the purpose of that person's participation in an ignition interlock program established by the regulations and for all other purposes the license remains revoked.


(6) For the purpose of clause (a) or (b) of subsection (5), a revocation is a second or subsequent revocation where the driver's license or the privilege of obtaining a driver's license of the applicant was revoked for the same or any other offence mentioned in clause (a) or (b) within the previous five years.


(6A) For the purpose of clause (ba) of subsection (5), a revocation is a second or subsequent revocation where the driver's license or the privilege of obtaining a driver's license of the applicant was revoked for the same or any other offence mentioned in clause (ba) within the previous ten years.


(7) For the purpose of clause (c) of subsection (5), a revocation is a subsequent revocation where the driver's license or the privilege of obtaining a driver's license of the applicant was revoked for the same or another offence mentioned in clause (c) within the previous five years.


(7A)  For the purpose of clause (ca) of subsection (5), a revocation is a second or subsequent revocation where the driver's license or the privilege of obtaining a driver's license of the applicant was revoked for the same or any other offence referred to in clause (ca) of subsection (5) within the previous ten years.


(8) For the purpose of clause (d) of subsection (5), a revocation is a subsequent revocation where the driver's license or the privilege of obtaining a driver's license of the applicant was revoked for the same offence within the previous five years.


(9) For the purpose of clause (e) of subsection (5), a revocation is a subsequent revocation where the driver's license or the privilege of obtaining a driver's license of the applicant was revoked for the same or another offence mentioned in clause (e) within the previous five years.


(10) Notwithstanding any other provisions of this Act, the Registrar may restore the driver's license of a person convicted of driving while his license was suspended for a speeding offence under Sections 102, 103, 104 or 106, upon application made after the expiration, from the date of the conviction for driving while suspended, of a period of thirty days where the speeding suspension was for seven days, or two months where the speeding suspension was for fifteen days, or four months where the speeding suspension was for thirty days.


(11) The Registrar shall require that a person whose driver's license or privilege of obtaining a driver's license has been revoked for an alcohol related driving offence or suspended pursuant to Section 279A participate in such alcohol rehabilitation program as may be prescribed by regulation made by the Governor in Council before he is entitled to reinstatement of his license.


(11A) The Registrar may require that a person whose driver's license or privilege of obtaining a driver's license has been revoked on one or more occasions for an alcohol related driving offence participate in such ignition interlock program as may be prescribed by regulation made by the Governor in Council as a condition of the restoration of the person's license.


(12) In this Section, "alcohol related offence" means an offence under sections 253, 254 or 255 of the Criminal Code (Canada).


(13) For the purpose of this Section, the Governor in Council may establish and define "alcohol rehabilitation program" and "ignition interlock program" and make regulations concerning the same, including regulations prescribing offences and penalties for breach of the regulations .


(14) Regulations made by the Governor in Council pursuant to this Section may be made applicable to all or any part of the Province.


(15) Notwithstanding subsections (11) to (14), in the case of a second or subsequent revocation of a driver's license or privilege of obtaining a driver's license for an alcohol related offence or in the case of a suspension pursuant to Section 279A where a prior revocation for an alcohol related offence is recorded on the record of the driver the applicant shall attend an interview with a person designated by the Drug Dependency Services division of the Department of Health and that person shall give a report of the interview to the Registrar.


(16) Where a person pleads guilty to or is found guilty of an offence against section 220, 221, 249, 249.1, 249.2, 249.3, 249.4, 252, 253, 254 or 255 of the Criminal Code (Canada) and an order directing that the accused be discharged is made under section 220, 221, 249, 249.1, 249.2, 249.3, 249.4, 252, 253, 254, 255 or 736 of the Criminal Code (Canada), this Section applies in the same manner as if the person were convicted of the offence.


(17) Upon application being made to him for restoration of a driver's license by the person whose driver's license was revoked, the Registrar may recommend that such license be restored and that the Department issue such person with a driver's license and, where the revocation was the result of an alcohol-related offence, the Registrar may require that the restoration of the driver's license be subject to such conditions and requirements as the Registrar deems necessary.


(18) Before any person applies to the Registrar for restoration of his driver's license he shall cause to be served on the Registrar a notice of his intention to so apply which notice shall state the name and address of the applicant and the date on which his license was revoked, and the notice shall be served at least thirty clear days prior to the application and may be served by sending the same in a prepaid registered letter addressed to the Registrar at Halifax.


(19) to (21)  repealed 2001, c. 44, s. 1.


(21A) Notwithstanding anything contained in this Section, where a driver's license is revoked for the fourth time for a violation of section 249.2, 249.3, 249.4, 253, 254, subsection 255(1) or subsection 259(4) of the Criminal Code, no application may be made pursuant to this Section for the restoration of the driver's license or privilege of obtaining a driver's license and, for greater certainty, the revocation of the driver's license is permanent.


(22) repealed 2001, c. 44, s. 1.


(22A) Notwithstanding subsection (19) of this Act and Section 11 of the Summary Proceedings Act, where a driver's license is revoked indefinitely, no application may be made pursuant to this Section for the restoration of the driver's license until ten years has elapsed from the date of the revocation or subsequent conviction for an offence involving the operation of the motor vehicle.


(23) The Department shall not issue a driver's license to any person whose driver's license has been suspended, during the period for which the license was suspended.


(24) The Department shall not issue a driver's license to any person when, in the opinion of the Department, the person is sufficiently illiterate or is afflicted with or suffering from such physical or mental disability or disease as will serve to prevent him from exercising reasonable and ordinary control over a motor vehicle while operating the same upon the highways, nor shall a license be issued to any person who is unable to understand highway warning or direction signs in the English language. R.S., c. 293, s. 67; 1994-95, c. 12, s. 5; 1996, c. 34, s. 2; 1998, c. 32, s. 1; 1999, c. 11, s. 2; 2001, c. 44, s. 1; 2002, c. 20, s. 2; 2002, c. 30, s. 14; 2004, c. 42, s. 3; 2005, c. 32, s. 3; 2005, c. 38, s. 1; 2005, c. 54, s. 1; 2006, c. 36, s. 1; 2007, c. 45, s. 5; 2008, c. 21, s. 2; revision corrected.


Reinstatement fee


68 (1) An applicant for the restoration of a driver's license or privilege of obtaining a driver's license following a revocation for an alcohol related offence, as defined in Section 67, shall pay a reinstatement fee of one hundred and twelve dollars and nine cents.


(2) In addition to the restoration fee referred to in subsection (1), the applicant may be required to pay the costs of any alcohol rehabilitation program the applicant is required to complete pursuant to this Act.


(3) The costs referred to in subsection (2) are those costs set out in regulations made by the Governor in Council. R.S., c. 293, s. 68; 1994, c. 24, s. 2; 2007, c. 9, s. 30; 2009, c. 5, s. 24.






Newly License Drivers




Twenty-four hour revocation and suspension of license




100B (1) In this Section,




(a) "provincially approved screening device" means a device prescribed by regulation;




(b) "qualified technician" means a qualified technician as defined in subsection 254(1) of the Criminal Code.




(2) Subsection (3) applies and subsection (4) does not apply if a peace officer making a demand of a licensed learner or a newly licensed driver uses one screening device for the purpose of Section 279C and another screening device for the purpose of this Section, and subsection (4) applies and subsection (3) does not apply if the peace officer uses one screening device for the purpose of both Section 279C and this Section.




(3) A peace officer may request a licensed learner or a newly licensed driver to surrender the person's license if, upon demand of the officer made pursuant to Section 100A, the licensed learner or a newly licensed driver fails or refuses to provide a sample of breath or provides a sample of breath that, on analysis by a provincially approved screening device, produces a result indicating, in the manner prescribed by regulation, the presence of alcohol.




(4) A peace officer may request a licensed learner or a newly licensed driver to surrender the person's license if, upon demand made by the peace officer under subsection 254(2) of the Criminal Code, the driver




(a) fails or refuses to provide a sample of breath; or




(b) provides a sample of breath that, on analysis, produces a result indicating, in the manner prescribed by regulation, the presence of alcohol.




(5) A licensed learner or a newly licensed driver whose license has been requested pursuant to subsection (3) or (4) shall surrender the license to the peace officer requesting it forthwith and, whether or not the licensed learner or newly licensed driver is unable or fails to surrender the license to the peace officer, the license is suspended and the licensed learner's or newly licensed driver's driving privilege is suspended for a period of twenty-four hours from the time the request is made.




(6) Where an analysis of the breath of a licensed learner or newly licensed driver is made under Section 100A or subsection (4) and produces a result indicating, in the manner prescribed by regulation, the presence of alcohol, the licensed learner or newly licensed driver may require a further analysis to be made by means of a provincially approved screening device, in which case the result obtained on the second analysis governs and any revocation and suspension resulting from an analysis under Section 100A or subsection (4) continues or terminates accordingly.




(7) Where an analysis of the breath of a licensed learner or newly licensed driver is made pursuant to Section 100A or subsection (4) and produces a test result indicating, in the manner prescribed by regulation, the presence of alcohol, the peace officer who made the demand for the sample of breath shall advise the licensed learner or newly licensed driver of the right under subsection (6) to a further analysis.




(8) The revocation of a license and the suspension of a driving privilege pursuant to this Section are in addition to and not in substitution for any other proceeding or penalty arising from the same circumstances.




(9) Every peace officer who requests the surrender of a license from a licensed learner or newly licensed driver pursuant to Section 279C or this Section shall




(a) keep a written record of the suspension with the name, address and license number of the licensed learner or newly licensed driver and the date and time of the suspension;




(b) provide the licensed learner or newly licensed driver with a written statement setting out the time at which the suspension takes effect, the length of the period during which the license is suspended and the place where the license may be recovered upon the termination of the suspension and acknowledging receipt of the license that is surrendered ; and




(c) forward to the Registrar forthwith a written report setting out the name, address and license number of the licensed learner or newly licensed driver and such particulars respecting the taking of the sample of breath and the conduct and results of the analysis as the Registrar may require in relation to the matter.




(10) Where the motor vehicle driven by a licensed learner or a newly licensed driver whose license is suspended and whose driving privilege is suspended pursuant to this Section is in a location from which, in the opinion of a peace officer, it should be removed and there is no person easily available who may lawfully remove the vehicle with the consent of the licensed learner or a newly licensed driver, the peace officer may remove and store the vehicle or cause it to be removed and stored and shall notify the licensed learner or a newly licensed driver of its location.




(11) The costs and charges incurred in moving and storing a vehicle pursuant to subsection (10) shall be paid, before the vehicle is released, by the person to whom the vehicle is released.




(12) Every person who, without reasonable excuse, fails or refuses to comply with a demand made to the person by a peace officer pursuant to this Section, is guilty of an offence.




(13) Where an analysis of the sample of breath of a licensed learner or a newly licensed driver has been made for the purpose of Section 279C or this Section by means of any device prescribed by regulation for the purpose of this subsection and has produced a result indicating, in the manner prescribed by regulation, the presence of alcohol, that result shall be, in the absence of evidence to the contrary, proof that the licensed learner or newly licensed driver has breached a condition of a license referred to in Section 70A and has committed an offence under subsection (1) of Section 100A.




(14) Subsection (13) shall not be construed by any person, court, tribunal or other body to limit the generality of the nature of proof that a licensed learner or newly licensed driver has breached a condition of a license referred to in Section 70 or 70A, as the case may be.




(15) The Governor in Council may make regulations




(a) prescribing devices for the purpose of the definition "provincially approved screening device" in subsection(1);




(b) prescribing the manner in which the analysis results produced by provincially approved screening devices or other screening devices may indicate the presence of alcohol in samples of breath;




(c) prescribing devices for the purpose of subsection (13). 1998, c. 32, s. 2; 1999, c. 11, s. 6; 2004, c. 42, s. 8.




Intention of suspension




100C The suspension of a license or the suspension of a driving privilege resulting from a conviction of a breach of a condition of a license referred to in Section 70 or 70A or by reason of the operation of Section 100B is intended




(a) to ensure that the licensed learner or newly licensed driver acquire experience and develop or improve safe driving skills in controlled conditions; and




(b) to safeguard the holder of the license and the public. 1998, c. 32, s. 2; 2004, c. 42, s. 9.

Jim O'Neil, LL.B.

GoTo   | General Topics  | Home |