The Vehicles Act - NET

The Vehicles Act

being

Chapter V-3 of The Revised Statutes of Saskatchewan, 1978(effective February 26, 1979).

NOTE:This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

UNEDITED

SHORT TITLE1 Short title

INTERPRETATION2 Interpretation

PART I

Highway Traffic Board

ORGANIZATION3 Organization4 Board responsible to minister5 Board a body corporate6 Where member interested7 Staff8 Director of Motor Vehicle Administration

GENERAL JURISDICTION, DUTIES AND POWERS

9 Records of business10 Powers under Motor Vehicle Transport Act (Canada)11 General duties12 Chairman’s duties13 Regulations14 Publication of regulations15 Evidence of schedule, etc., referred to in regulations16 Powers re routing and granting exclusive rights17 Requirements respecting issue of certificates of

registration for operation of public service vehicles18 Prohibition against parking in certain areas19 Powers re returns, etc.20 Powers re capacity of vehicles21 Sittings of and conduct of proceedings by board22 Powers of board and certain persons23 Certain sittings held in municipal hall24 Inquiry, etc. by persons appointed by board25 Records of accidents, convictions. etc.26 Reports not available to the public27 Tolls and rates28 Board’s decision final29 Powers of board restricted

PART II

Registration Certificates, Permits and Licences

MOTOR VEHICLES, TRAILERS AND SEMI-TRAILERS

30 Registration necessary31 Motor Vehicle Transport Act (Canada) licences32 Application33 Registration34 Conditions governing issue of certificate35 Rights conferred not exclusive36 Lapse of certificate on non-exercise of powers37 Renewal of certificate

38 Power to refuse issue of certificate39 Procedure where serial number of vehicle obliterated40 Exchange or transfer of certificate41 Additional fee where vehicle reconstructed42 Fee for convertible vehicle43 Certificate carried on vehicle or on person of driver44 Issue of number plates45 Issue of plates pending completion of registration46 Number plates property of the Crown47 Display of plates48 Prohibitions re display, defacement and alteration

of plates, certificates, etc.49 Re-registration in case of loss or defacement of

number plate50 Number plate removed on sale51 Procedure on disposal of registered vehicle52 Alterations of vehicle to be reported53 Permits54 Same

DEALERS55 Dealer’s certificate56 Revocation of dealer’s certificate57 Monthly statement of sales58 Certificate displayed on premises

BUYERS, SELLERS AND MOVERS OF TRAILERS AND SEMI-TRAILERS

59 Special registration

MANUFACTURERS60 Distinguishing numbers or marks

WRECKERS61 Licence62 Records and reports 63 Inspections

RENTING OF VEHICLES64 Records

NON-RESIDENTS65 Privileges

DRIVERS’ LICENCES AND PERMITS66 Driver’s licence67 Driver instructors and training schools68 One licence to one person69 “Motor vehicle” defined70 Exemptions71 Exemption in case of dual control training vehicle72 Issue of licence or perm it prohibited in certain cases73 Report of qualified medical practitioner74 Power of board to issue licences75 Receipt may be permit to drive76 Driver examinations

Table of Contents

77 Receipt for licence fee authority to drive78 Power of agent to make application79 Licence to be signed by licensee80 Endorsement restricting scope of licence81 Production of licence when demanded82 Minimum age of driver83 Prohibitions84 Intoxicating liquor85 Use of tobacco

GRANT, DURATION, SUSPENSION AND REVOCATION OF CERTIFICATES AND LICENCES

86 Revocation of licences87 Interviews88 Appeal of certain orders to board89 Prohibitions re issuance of licence in certain cases90 Reinstatement of licence after appeal, etc.91 Grant of certificates and licences92 Duration of registrations, certificates and licences93 Granting of international driving permits by board94 Power to refuse to issue certificates, etc., in

certain cases95 General power to refuse to issue licences96 Suspension or revocation by board for misconduct,

lack of skill, etc.97 Suspension by board of certain licences and certificates98 Suspension or revocation by board of certain

certificates, etc.99 Suspension and revocation by board of public service

vehicle certificates100 Suspension or revocation by board where vehicle

mechanically unfit, etc.101 Revocation of certificate, etc., issued in error102 Revocation of certificate, etc., upon dishonour of

cheque103 Notice of suspension or revocation by board104 Certificate of suspension, etc., prima facie evidence105 Power of Lieutenant Governor to reinstate certificate,

licence or permit, etc.106 Return of suspended or revoked certificate, licence,

etc., to board107 Suspension of driver’s licence of driver who has

consumed alcohol

PART III

Accommodation and Equipment108 Rights of public to carriage109 Exits110 Prohibitions affecting all motor vehicles111 No passengers on certain trucks, etc.112 Restriction on luggage113 Trailers

114 Regulations115 Public service vehicles to be properly maintained116 Fire extinguisher on public service vehicles117 Brakes118 Special requirements respecting brakes of certain

power units and semi-trailers119 Hydraulic-brake fluid120 Horns and sirens121 Muffler 122 Prohibition respecting use of muffler cut-outs, etc.123 Lamps124 Spot lamps125 Television126 Windshield and windows127 Mirrors128 Trailers and semi-trailers to be securely connected129 Protection of vehicles carrying liquid explosives130 Prohibition respecting leakage from gasoline

tanks, etc.131 Certain motor vehicles to be equipped with signalling

device132 Certain motor vehicles to be equipped with signalling

device133 Snowmobiles and snowplanes134 Restrictions respecting the operation of a motor cycle135 Driving improperly equipped vehicle136 Restrictions as to sale and operation of improperly

equipped vehicles137 Prohibition respecting sale or safety belts, etc.138 Use of seat belt assembly required

PART IV

Speed and Rules of the Road139 Speed 140 Careless driving141 Excessive or unusual noise, offence142 Following vehicles143 Racing144 Right of way 145 Duty of driver of vehicle when approached by

fire engine, etc.146 Driving of snowmobile on travelled portion of certain

highways prohibited147 Driving in traffic lanes148 Driving on divided highways149 Entering or leaving controlled access highway150 Control of traffic by signals151 Interfering with funeral processions152 School bus signals to be activated in certain cases153 Passing school bus154 Overtaking vehicles at intersections

155 Entering and leaving garage156 Entering provincial highways and certain other

highways157 Entering public highway from private road158 Stopping159 Stopping at stop signs and level railway crossings160 Stop signs 161 Dimming or deflecting of lights162 Extinguishing of spot lights163 Signals to be given by drivers164 Crossing highways in urban municipalities165 Offences on parking lots166 Precautions against accidents167 Speed when approaching or passing cattle168 Certain vehicles not to be left unattended169 Right of way for road equipment170 Towing bicycles, etc., prohibited171 Pedestrian to walk on left side of highway172 Rules of road apply to tractors

PART V

Accidents173 Accident report required174 Report by holder of public service vehicle certificate175 Duly of police officer investigating accident176 Reports by owners of repair shops, etc.177 Onus of proving report178 Liability of owner and driver for loss, damage or injury179 Onus of proof180 Time limit for instituting civil actions

PART VI

Financial Responsibility of Owners and Operators

181 Application of part182 Suspension of licence and registration for failure to

pay judgment183 Suspension of privileges of non-resident for failure

to pay judgment184 Payment of judgment instalments185 Minimum requirements respecting financial

responsibility186 Manner of proof187 Proof for non-resident188 Chauffeurs or members of owner’s family189 Voluntary filing of proof of financial responsibility190 Form of policy and duties of insurer191 Default by insurer of non-resident192 Application of bond, money or securities193 Action on bond194 Cancellation and return of security195 Return of certificate, licence and plates on suspension

196 Driver may drive for owner who has furnished proof197 Impounding of motor vehicles involved in accidents198 Reciprocal application of legislation of other

jurisdictions199 Penalty for producing false proof of financial

responsibility

PART VII

Fees and Expenses200 Fees 201 Recovery of fees, etc.202 Refunds of fees203 Fees, etc., deposited in consolidated fund204 Expenses of board

PART VIII

Miscellaneous205 Use of bills of lading, express recipients and

passenger tickets206 Records 207 Time schedules to be observed208 Holder of certificate not to discontinue service209 Applications of sections 27, 34(1), and 116210 Suspension of application of sections 65 and 70211 Alteration of schedule of tolls or rates212 Signs and particulars to be exposed on vehicles and

in premises of owners213 Gross weight not to be exceeded214 Prohibition against certain operations of public

service vehicles215 Prohibitions216 Presumption217 Prohibition against driving certain vehicles without

keeping log218 Prohibition against certain persons driving, etc., in

excess of time prescribed by regulations219 Municipal fees220 Municipal bylaws221 Operation of vehicle with plates for following

registration year222 Driving with licence for following licence year223 Notice of change of name or address224 Compliance with municipal licensing bylaws225 Observance of weight restricting regulation, order

or bylaw226 Power to except certain non-residents from

application of Act

PART IX

Enforcement Provisions227 Power to prohibit operation of certain vehicles228 Power of certain officers to examine and test

229 Periodic examinations of vehicles229 Inspection of motor vehicles, etc.230 Seizure or vehicles illegally operated or stopped231 Information to be furnished232 Drivers to stop on request or officer233 Traffic tickets 234 Report of convictions235 Presumption of authority of traffic officer236 Enforcement of Highways Act by traffic officers237 Certificate of speedometer tester prima facie

evidence238 Certain certificates of chairman prima facie evidence

PART X

Offences and Penalties239 Tampering with motor vehicle240 Placing nails, etc., upon highway241 Throwing burning matches, ashes, etc., on highway242 Loading of vehicles insecurely243 Driving certain vehicles in contravention of

regulations244 Prohibition respecting carrying or use of licence245 False information246 Prohibition against applying for licence during

certain period247 Impounding of motor vehicles248 Penalty for violation of certain provisions249 General penalty250 Continuing offences251 Evidence of records252 Disposal of fines253 Liability of owner of vehicle other than public

service vehicle254 Liability of person in charge of vehicle other than

public service vehicle where owner not liable255 Liability of owner of public service vehicle256 Application of sections 253, 254 and 255

CHAPTER V-3An Act respecting the Operation of Vehicles

SHORT TITLE

Short title1 This Act may be cited as The Vehicles Act.

R.S.S. 1978, c.V-3, s.1.

INTERPRETATION

Interpretation2 In this Act:

“authorized insurer”(a) “authorized insurer” means an insurer duly licensed under The Saskatchewan Insurance Act to carry on in Saskatchewan the business of automobile insurance;

“board” (b) “board” means The Highway Traffic Board mentioned in section 3;

“certificate”(c) “certificate” means a document, issued by the board, granting authority to operate a vehicle;

“commercial vehicle”(d) “commercial vehicle” means a motor vehicle, trailer or semi-trailer classified by and registered with the board as a commercial vehicle;

“compensation”(e) “compensation” means remuneration in specie or otherwise or any other recompense whatever obtained for transporting passengers or goods but does not include compensation received for the transportation of children to and from school;

“controlled access highway”(f) “controlled access highway” means a public highway or a part of a public highway designated as a controlled access highway by the Lieutenant Governor in Council;

“conversion axle”(g) “conversion axle” means a mechanical device consisting of a single axle designed to convert a two-axle power unit into a three-axle power unit;

“dealer”(h) “dealer” means a person or firm that is a dealer under The Motor Dealers Act, and is the holder of a subsisting licence under that Act;

“director’’(i) “director” means the Director of Motor Vehicle Administration appointed pursuant to section 8;

“driver’s licence”(j) “driver’s licence” means a licence or a permit to drive a motor vehicle on a public highway issued under this Act;

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“farm truck”(k) “farm truck” means a motor vehicle classified by and registered with the board as a farm truck;

“financial responsibility card”(l) “financial responsibility card” means a card issued by the board in the form and containing the particulars prescribed by the board and showing that the person named therein is maintaining in effect proof of financial responsibility as required by Part VI;

“goods”(m) “goods” includes live stock, liquids, wares, merchandise, gravel, sand and other material;

“gross weight”(n) “gross weight” means the combined weight of a vehicle and of the load carried thereon;

“instructor’’ or “driver instructor’’(o) “instructor” or “driver instructor” means a person who holds a driver instructor’s certificate issued by the Department of Education and who is engaged in the business of giving instructions for hire, fee or tuition in the driving of motor vehicles or the preparation of an applicant for an examination for a licence;

“intersection’’(p) “intersection” means the area embraced within the straight production:

(i) of the lateral curb lines; or(ii) in the absence of curb lines, of the lateral boundary lines;

of two or more public highways that join one another at an angle, whether or not one such public highway crosses the other;

“live stock” (q) “live stock” means poultry and domestic animals, including horses, cattle, sheep and pigs;

“loaded truck”(r) “loaded truck” means a truck having on or in it goods or a passenger or passengers;

“manufacturer”(s) “manufacturer” means a person who manufactures or assembles motor vehicles;

“minister”(t) “minister” means the member of the Executive Council to whom for the time being is assigned the administration of this Act;

“misconduct”(u) “misconduct” means any act, deed or practice that in the opinion of the board is not in the public interest;

“motor cycle”(v) “motor cycle” means a motor vehicle, other than a tractor, that:

(i) is designed to travel on not more than three wheels on the ground; and

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(ii) has a seat or saddle for use of the rider sitting astride thereof;and includes a bicycle with a motor attached by which it is driven and a motor scooter;

“motor vehicle”(w) “motor vehicle” includes motor cars, locomobiles, power units, motor cycles, pedal bicycles with motor attachment, snowmobiles, snowplanes, tractors, units formed by attaching power units to semi-trailers and all other self-propelled vehicles, excepting cars of electric and steam railways and other motor vehicles running only upon rails or tracks or solely upon railway company property, fire engines, fire department apparatus, road rollers, street sprinklers, snowploughs and machinery used for the removal of snow and road building and maintenance machinery, and excepting tractors when used by farmers in connection with their farming operations or when used by implement vendors, licensed under The Agricultural Implements Act, in connection with their implement agency businesses;

“motor vehicle liability insurance card”(x) “motor vehicle liability insurance card” means a card, in the form and containing the particulars prescribed by the board, issued:

(i) by an authorized insurer; or(ii) where the person named in the card is a non-resident, by an authorized insurer or by an insurer that is authorized to transact insurance in the province, state or country in which that person resides or formerly resided, as the case may require, and that has filed with the Superintendent of Insurance, in the form prescribed by him, the power of attorney and undertakings mentioned in section 187;

and evidencing the issue by the insurer to the person named in the card of a motor vehicle liability policy insuring that person to the extent of not less than the amounts mentioned in section 185, and includes a motor vehicle liability insurance card issued pursuant to subsection (3) of section 12 of The Automobile Accident Insurance Act;

“night”(y) “night” means the period from one-half hour after sunset to one-half hour before sunrise;

“non-resident”(z) “non-resident” means a person who is not a resident of the province, and for the purpose of this Act a person who resides in the province for any period not exceeding ninety days shall with respect to that period be deemed to be a non-resident;

“operator”(aa) “operator” means a person who drives a motor vehicle on a public highway;

“owner”(bb) “owner” includes a person who is in possession of a motor vehicle under a contract by which he may become the owner of the motor vehicle upon full compliance with the terms of the contract;

“parking”(cc) “parking” means the standing of a vehicle whether occupied or not, upon a public highway, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading, or in obedience to traffic regulations, signs or signals, and “park” has a corresponding meaning;

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“power unit”(dd) “power unit” means a motor vehicle used solely for the purpose of drawing a semi-trailer;

“private trailer”(ee) “private trailer” means a trailer classified by and registered with the board as a private trailer;

“proof of financial responsibility”(ff) “proof of financial responsibility” means a certificate of insurance, a bond or a deposit of money or securities given or made pursuant to section 186 or 187;

“public highway”(gg) “public highway” means a road, parkway, driveway, square or place designed and intended for or used by the general public for the passage of vehicles but does not include any privately or publicly owned area primarily intended to be used for the parking of vehicles and the necessary passageways thereon;

“public service vehicle”(hh) “public service vehicle” means a motor vehicle, trailer or semi-trailer classified by and registered with the board as a public service vehicle;

“reconstructed vehicle”(ii) “reconstructed vehicle” means a vehicle of a type required to be registered under this Act and materially altered from its original construction by the removal, addition or substitution of essential parts, new or used;

“register number”(jj) “register number” means the number assigned by the board to a motor vehicle, trailer or semi-trailer;

“sale”(kk) “sale”, where used with reference to sale of a motor vehicle, includes a conditional sale;

“semi-trailer”(ll) “semi-trailer” means a vehicle that is at any time drawn upon a public highway by a motor vehicle and is designed for the conveyance of goods or persons or as living quarters for persons and is so designed that its weight and the weight of its load is carried partly upon its own axle or axles and partly upon another vehicle, but does not include:

(i) timbers with wheels attached thereto when used for the purpose of transporting buildings; or(ii) an asphalt distributor used for the construction or maintenance of bituminous surfaced highways;

“snowmobile”(mm) “snowmobile” means a motor vehicle equipped with either a single or a dual-tread and skis;

“state”(nn) “state” means a state of the United States of America, or the District of Columbia;

“stop”(oo) “stop” means:

(i) when required, a complete cessation from movement;

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and(ii) when prohibited, any stopping, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a traffic officer, police officer or police constable or a traffic-control signal;

“Superintendent of Insurance”(pp) “Superintendent of Insurance” means the Superintendent of Insurance under The Saskatchewan Insurance Act;

“toll” or “rate”(qq) “toll” or “rate” means a fee charged or collected for the carriage of passengers or goods by a public service vehicle;

“traffic lane”(rr) “traffic lane” means a longitudinal division of a public highway of sufficient width to accommodate the passage of a single line of vehicles;

“traffic officer”(ss) “traffic officer” means an officer or employee of the board appointed as a traffic officer under section 7;

“trailer”(tt) “trailer” means a vehicle, other than a semi-trailer, that is at any time drawn upon a public highway by a motor vehicle and is designed for the conveyance of goods or as living quarters for persons, but does not include:

(i) a motor vehicle towed for sale, storage or repair purposes; or(ii) a vehicle owned or used by a department of the government or a municipality, or by a contractor engaged in work for or under the direction of a department of the government or a municipality, and which is used exclusively as living quarters for employees of the department, municipality or contractor; or(iii) timbers with wheels attached thereto when used for the purpose of moving buildings; or(iv) an asphalt distributor used for the construction or maintenance of bituminous surfaced highways; or(v) a vehicle, other than a house trailer, camping trailer or boat trailer while such vehicle:

(A ) is being drawn by a motor vehicle registered as a farm truck or special farm truck; and(B) is being used for a purpose for which a vehicle registered as a farm truck or special farm truck may be used under the regulations;

and a trailer shall be deemed to be a separate vehicle and not part of the motor vehicle by which it is drawn;

“truck”(uu) “truck” means a motor vehicle designed for the conveyance of goods, a motor vehicle equipped with a lifting device or a motor vehicle on which any machinery is permanently mounted;

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“vehicle”(vv) “vehicle” includes motor vehicles, trailers, buses, semi-trailers, fire engines, fire department apparatus, road rollers, street sprinklers, steam, gasoline or kerosene traction engines and all vehicles propelled by muscular power; but does not include cars of electric and steam railways and other motor vehicles running only upon rails or tracks or solely upon railway company property;

“wheel base”(ww) “wheel base” means the distance from the centre of the hub of a front wheel to the centre of the hub of the rear wheel on the same side of a motor vehicle, as specified in the lists supplied to the board by the manufacturers or, in the case of a motor vehicle that has been remodelled, as ascertained by actual measurement;

“wrecker”(xx) “wrecker” means a person who in the course of his business buys or acquires motor vehicles and dismantles them for the purpose of selling or otherwise disposing of the parts thereof, but a person who buys or acquires tractors only shall not be deemed to be a wrecker.

R.S.S. 1965, c.377, s.2; 1967, c.82, s.2; 1968, c.83, s.2; 1969, c.72, s.2; 1972, c.144, s.2; 1976-77, c.99, s.2; R.S.S. 1978, c.V-3, s.2.

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PART I

Highway Traffic Board

ORGANIZATION

Organization3(1) The Highway Traffic Board, composed of five or more members to be appointed by the Lieutenant Governor in Council, one of whom shall be appointed as chairman and shall be entitled to hold the position of chairman as long as he continues as a member of the board, is continued.(2) If a person who is employed in the public service of Saskatchewan is appointed as a member of the board, he shall nevertheless be deemed to continue to be an employee within the meaning of The Public Service Superannuation Act and to be subject to its provisions and entitled to the benefits thereby conferred.(3) Three members of the board shall constitute a quorum.(4) In the absence or disability of the chairman all orders, rules, regulations and other documents may be signed by any one member and when so signed shall have the like effect as if signed by the chairman. Whenever it appears that a member other than the chairman has acted for and in place of the chairman it shall be conclusively presumed that he has so acted in the absence or disability of the chairman.

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(5) Vacancies caused by death, resignation or otherwise may be filled by the Lieutenant Governor in Council but a vacancy shall not impair the power of the remaining members to act. In any such case the signature of one member shall be sufficient.(6) The members shall serve without remuneration or shall receive such remuneration as is approved by the Lieutenant Governor in Council and shall perform such duties in addition to the duties assigned to them by this Act as may be provided by the Lieutenant Governor in Council.

R.S.S. 1965, c.377, s.3; 1968, c.83, s.3; R.S.S. 1978, c.V-3, s.3.

Board responsible to minister4 In the performance of the duties and exercise of the powers imposed or conferred upon it by this Act the board shall be responsible to the minister.

R.S.S. 1965, c.377, s.4; R.S.S. 1978, c.V-3, s.4.

Board a body corporate5 The board shall be a body corporate with perpetual succession and a common seal of such design as may be provided by the Lieutenant Governor in Council, and the seal shall be judicially noticed.

R.S.S. 1965, c.377, s.5; R.S.S. 1978, c.V-3, s.5.

Where member interested6 Whenever a member is interested in a matter before the board, the Lieutenant Governor in Council, may, upon the application of that member or otherwise, appoint some disinterested person to act as a member with respect to that matter only, and the Lieutenant Governor in Council may also appoint a person to act during the absence or disability of a member.

R.S.S. 1965, c.377, s.6; R.S.S. 1978, c.V-3, s.6.

Staff7(1) The Public Service Commission may, upon the recommendation of the minister, appoint such officers and other employees as the minister may deem necessary for carrying out the provisions of this Act.(2) An officer or employee appointed a traffic officer under subsection (1) is, during the term of such appointment, a peace officer for the purposes of enforcing this Act and The Fuel Petroleum Products Act.

R.S.S 1965, c.377, s.7; 1972, c.144, s.3; R.S.S. 1978, c.V-3, s.7.

Director of Motor Vehicle Administration8(1) The Lieutenant Governor in Council may appoint a Director of Motor Vehicle Administration to carry out such powers and duties prescribed by this Act and in the exercise of such powers and duties, he shall be responsible to the minister.(2) The board may assign to the director such other powers and duties as the board sees fit and the board may require the director to be responsible directly to the minister in the exercise of those powers and duties.(3) The director shall be the registrar of motor vehicles for the province within the meaning of section 238 of the Criminal Code.

1969, c.72, s.3; 1970, c.79, s.2; 1972, c.144, s.4; R.S.S. 1978, c.V-3, s.8.

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GENERAL JURISDICTION, DUTIES AND POWERS

Records of business9 The board shall make provision for keeping an acccurate record of its business.

R.S.S. 1965, c.377, s.8; R.S.S. 1978, c.V-3, s.9.

Powers under Motor Vehicle Transport Act (Canada)10 The board shall have capacity to accept and exercise the powers conferred upon it by the Motor Vehicle Transport Act (Canada).

R.S.S. 1965, c.377, s.9; R.S.S. 1978, c.V-3, s.10.

General duties11(1) The board shall do all things necessary for the proper conduct of its business and in particular, without restricting the generality of the foregoing, shall when deemed advisable by it to do so make regulations or orders governing:

(a) the amount of deposit, insurance policy or bond required from the owner of a motor vehicle before registration of the vehicle;(b) the nature of goods that may be carried on a public service vehicle;(c) the terms and conditions under which goods may be carried on a public service vehicle and the liability of the transporter who carries goods on such vehicle;(d) routes and the nature of routes whether local or through;(e) areas within which public service vehicles may be operated;(f) the passenger capacity of public service vehicles;(g) the weight that may be carried on the top of a passenger carrying public service vehicle;(h) the maximum weight of express freight and baggage that may be carried on public service vehicles, and the size and eight of packages;(i) tolls, express and freight rates;(j) the commission chargeable for collecting on “cash on delivery” shipments;(k) the maintenance of depots and the location thereof;(l) the time schedules of public service vehicles operated on a specified route;(m) the classification of vehicles and the respective purposes for which vehicles classified by the board may be operated, and authorizing the operation for compensation of any designated class or classes of vehicles;(n) the hours of employment and wages of drivers of public service and commercial vehicles;(o) the design, equipment and operation of vehicles used or to be used by the board of a school unit or the board of trustees of a school district, or by a person under a contract with any such board, for the transportation of school children;

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(p) the inspection of motor vehicles or trailers driven or operated on the public highway and the method and manner of examining and testing a vehicle.(q) the classification of drivers’ licences and the purpose for which a class of driver’s licence may be used;(r) the conditions under which a driver’s licence may be issued;(s) the terms and conditions to which a driver’s licence is subject;(t) the taking of medical examinations and other examinations by drivers and by applicants for a driver’s licence.

(2) The board may also make regulations:(a) providing for a uniform bill of lading;(b) providing for the issue of numbered tickets by owners of passenger-carrying public service vehicles operated on a specified route;(c) classifying goods;(d) respecting the nature of goods that may be carried as express freight;(e) respecting the nature of containers that may be used in freight shipments;(f) prescribing the form of certificates and permits to be issued by the board.(g) prescribing procedures in respect of the issuance of certificates of registration to operate public service vehicles;(h) prescribing fees to be paid by applicants in respect of hearings for the issuance of certificates of registration to operate public service vehicles and providing for the return of all or a part of such fees to persons making payment thereof.

R.S.S. 1965,c.377,s.10;1967,c.82,s.3; 1968, c.83, s.4; 1970, c.79, s.3; 1972, c.144, s.5; R.S.S. 1978, c.V-3, s.11.

Chairman’s duties12 The chairman shall perform such of the duties and exercise such of the powers of the board as are imposed upon or delegated to him by the board.

R.S.S. 1965, c.377, s.11; R.S.S. 1978, c.V-3, s.12.

Regulations13(1) The board may, with the approval of the Lieutenant Governor in Council, make regulations for the better carrying out of the provisions of this Act according to their true intent.(2) Without limiting the generality of subsection (1), the board may, with the approval of the Lieutenant Governor in Council, make regulations:

(a) requiring the use or incorporation, and prescribing the specifications, of any component, equipment or material in, for or on any vehicle that will effect the safe operation of the vehicle on a public highway or that, in the opinion of the board, will reduce or prevent injury to persons in a vehicle on a public highway or to persons using the public highway;

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(b) specifying components, equipment or material and designating an organization to test and mark its approval of any item so specified, and prohibiting the incorporation or use in, for or on a vehicle of any item so specified that is not marked as approved by the testing organization;(c) prohibiting the sale or use of any component, equipment or material for use in, for or on any motor vehicle that is intended for use on a public highway.(3) A regulation made under this section may adopt by reference, in whole or in part, with such changes as the board considers necessary, any code of standards or specifications of any component, equipment or material to be used or installed in, for or on vehicles.

1972, c.144, s.6; R.S.S. 1978, c.V-3, s.13.

Publication of regulations14 All regulations made under this Act shall be published in The Saskatchewan Gazette and shall take effect upon the date of such publication, unless some other date is specified in the regulations, and shall have the same force and effect as if enacted herein.

R.S.S. 1965, c.377, s.13; 1971, c.50, s.8; R.S.S. 1978, c.V-3, s.14.

Evidence of schedule, etc., referred to in regulations15 Where in a regulation or order made under this Act reference is made to a schedule of charges or rates or a classification or articles or to a part of any such schedule or classification, a copy of the schedule or classification or part thereof referred to in the regulation or order, to which is attached or on which is endorsed a certificate signed or purporting to be signed by the chairman of the board that the copy is a true copy of the schedule or classification or part thereof referred to in the regulation or order, shall be received in any prosecution before a judge, provincial magistrate or justice of the peace as prima facie evidence of such schedule or classification or part thereof and of the authority of the chairman without proof of his appointment or signature.

R.S.S. 1965, c.377, s.14; R.S.S. 1978, c.V-3, s.15.

Powers re routing and granting exclusive rights16 The board may route public service vehicles through cities, towns and villages, restrict services, and grant local, through and exclusive rights and special charters.

R.S.S. 1965, c.377, s.15; 1971, c.50, s.8; R.S.S. 1978, c.V-3, s.16.

Requirements respecting issue of certificates of registration for operation of public service vehicles

17(1) Subject to subsection (2), no certificate of registration for the operation of a public service vehicle shall be issued by the board:

(a) under this Act or the regulations; or(b) under the powers conferred upon the board by the Motor Vehicle Transport Act (Canada);

until the applicant has complied with regulations made by the board pursuant to subsection (2) of section 11.

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(2) Nothing in this Act or in the regulations requires or shall be deemed to require the board to publish a notice of the receipt of or to hold a public or any hearing in respect of an application for a certificate of registration for the operation of a public service vehicle the certificate of registration number of which is preceded by the letter “L” of the letters “UL”.

1970, c.79, s.4; R.S.S. 1978, c.V-3, s.17.

Prohibition against parking in certain areas18(1) The board may prohibit the parking of vehicles on any portion of a provincial highway or within areas adjacent to or bordering on buildings or property owned or used by the province.(2) A person who parks a vehicle in any place where parking is prohibited under subsection (1) is guilty of a violation of this Act.

R.S.S. 1965, c.377, s.16; R.S.S. 1978, c.V-3, s.18.

Powers re returns, etc.19 The board may require the filing of returns, reports and any other data by holders of certificates and permits and regulate and supervise such persons in all matters affecting the relationship between them and the public.

R.S.S. 1965, c.377, s.17; R.S.S. 1978, c.V-3, s.19.

Powers re capacity of vehicles20 The board may, where it considers it in the public interest, make regulations providing that, for the purposes of this Act, the regulations thereunder or fees prescribed under section 200, a motor vehicle, trailer or semi-trailer or class or model of motor vehicles, trailers or semi-trailers shall be deemed to have a different manufacturer’s rated capacity than that claimed or advertised by the manufacturer.

R.S.S. 1965, c.377, s.18; R.S.S. 1978, c.V-3, s.20.

Sittings of and conduct of proceedings by board21 The board shall sit at such times and places within the province as the board may designate and shall conduct its proceedings in such manner as may seem to it most convenient for the speedy and effective dispatch of business.

R.S.S. 1965, c.377, s.19; R.S.S. 1978, c.V-3, s.21.

Powers of board and certain persons22 The board and each member thereof , and a person appointed or directed under section 24 to make an inquiry, may:

(a) exercise the powers of commissioners under The Public Inquiries Act; and(b) administer an oath to any witness at a hearing.

1968, c.83, s.6; R.S.S. 1978, c.V-3, s.22.

Certain sittings held in municipal hall23 Where sittings of the board or of any member thereof are appointed to be held in a city, town or village in which there is a hall belonging to the corporation, the council shall upon request allow the sittings to be held in that hall.

R.S.S. 1965, c.377, s.21; R.S.S. 1978, c.V-3, s.23.

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Inquiry, etc. by persons appointed by board24(1) The board may appoint or direct one or more persons:

(a) to make an inquiry and report upon any complaint or dispute in relation to any matter over which the board has jurisdiction; and(b) to be interview officers for the purpose of holding hearings under section 87.

(2) The director or a person appointed by the board under this section may, for the purpose of clause (b) of subsection (1), take into account any statement, document, information or matter that, in his opinion, will assist him in dealing with the matter before him, whether or not the statement, document, information or matter would be admissible as evidence in a court of law.

1968, c.83, s.8; 1969, c.72, s.4; R.S.S. 1978, c.V-3, s.24.

Records of accidents, convictions. etc.25 The board shall keep the following records:

(a) a record of all motor vehicle accidents occurring on public highways in the province, reported to it or concerning which it procures information, except accidents in which only non residents are involved;(b) a record of all convictions reported to it and all convictions or forfeitures of bail of which it has received official notice, except convictions of, and forfeitures of bail given by, non-residents;(c) a record of all certificates of registration, licences and permits issued, suspended, revoked or revived under this Act;(d) a record of all unsatisfied judgments rendered againt persons holding certificates of registration, licences or permits under this Act or against non-residents, reported to the board pursuant to this Act;(e) a record of all persons required to show evidence of financial responsibility;(f) an operating record of every driver of a motor vehicle, which record shall show:

(i) all reported convictions of the driver for a violation of any provision of any statute relating to the operation of motor vehicles, and all accidents in which, according to the records of the board, the driver has been involved;(ii) all reported unsatisfied judgments against the driver for any injury or damage caused by the driver while operating a motor vehicle; and(iii) such other information as the board may deem proper;

but any record kept pursuant to subclause (i) with respect to a driver and any correspondence relating thereto may be destroyed after the expiration of five years from the date of the conviction or accident, as the case may be;(g) a record of all persons who have, in accordance with this Act, been reported to the board to be afflicted with or suffering from such physical or mental disability or disease as might prevent them from exercising reasonable and ordinary control over a motor vehicle while driving it upon a public highway;

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(h) such other records as the board deems advisable. R.S.S. 1965, c.377, s.23; 1968, c.83, s.9; R.S.S. 1978, c.V-3, s.25.

Reports not available to the public26(1) Reports made to the board pursuant to the provisions of this Act, other than the reports made under subsection (1) of section 57 or subsection (3) of section 59, are the property of the Crown and shall not be made public.(2) Notwithstanding subsection (1), the board may, with the written consent of the person concerning whom a report has been made to the board, furnish the person named in the consent with the information as set forth in the report.

R.S.S. 1965, c.377, s.24; 1967, c.82, s.5; R.S.S. 1978, c.V-3, s.26.

Tolls and rates27(1) Subject to section 209, holders of public service vehicle certificates or permits shall charge such tolls and rates as are from time to time prescribed by the board or that are filed with and approved by the board.(2) Subject to section 209, every passenger on a public service vehicle and every person who ships goods by a public service vehicle shall pay the tolls or rates from time to time prescribed by the board or that are filed with and approved by the board.(3) A person who, in contravention of subsection (1) or (2), charges or pays a toll or rate other than that prescribed by the board or filed with and approved by the board is guilty of an offence and liable on summary conviction, in case of the first offence, to a fine of not less than $25 nor more than $100 and, in case of a subsequent offence, to a fine of not less than $50 nor more than $250, and in either case, in default of payment to imprisonment for a term not exceeding two years, or to both fine and imprisonment.

R.S.S. 1965, c.377, s.25; 1970, c.79, s.6; R.S.S. 1978, c.V-3, s.27.

Board’s decision final28 The board’s decision in all matters shall be final, but if new evidence is submitted to it within thirty days of its decision the board may rehear the case or may renew, rescind, change, alter or vary any decision or order made by it.

R.S.S. 1965, c.377, s.26; R.S.S. 1978, c.V-3, s.28.

Powers of board restricted29 Notwithstanding anything in this Act, the powers vested in The Local Government Board under The Public Utilities Companies Act respecting public service vehicles used wholly for the purpose of carrying out the terms of a franchise agreement shall not be exercised by The Highway Traffic Board with respect to those vehicles.

R.S.S. 1965, c.377, s.27; R.S.S. 1978, c.V-3, s.29.

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PART II

Registration Certificates, Permits and Licences

MOTOR VEHICLES, TRAILERS AND SEMI-TRAILERS

Registration necessary30(1) Subject to the other provisions of this Act, no person by himself or by an agent or employee shall operate a motor vehicle or semi-trailer on a public highway unless the vehicle is registered with the board and a certificate of registration or permit is obtained pursuant to this Act.(2) Where a person, not disqualified to do so, has made application in the form required by the board and paid the prescribed fee for registration and has received, and displays on the vehicle in respect of which the application was made, number plates or the departmental receipt in accordance with section 45, the vehicle shall, pending receipt by him of a certificate of registration, be deemed to be sufficiently registered for the purposes of this section.(3) In this section “motor vehicle, trailer or semi-trailer” does not include:

(a) a trolley bus;(b) farm machinery other than:

(i) tractors when used otherwise than by farmers in connection with their farming operations or when used by implement vendors, licensed under The Agricultural Implements Act, in connection with their implement agency businesses;(ii) motor cars;(iii) trucks;

(c) road building or road maintenance machinery or equipment;(d) machinery used for the construction of drainage works or water conservation projects except a truck on which any machinery or equipment is permanently mounted;

(e) machinery used for excavation purposes except a truck on which any machinery or equipment is permanently mounted.

R.S.S. 1965, c.377, s.28; 1969, c.72, s.5; R.S.S. 1978, c.V-3, s.30.

Motor Vehicle Transport Act (Canada) licences31(1) For the purposes of this Act, a licence issued by the board under the authority of the Motor Vehicle Transport Act (Canada) is an authority to operate an extra-provincial undertaking into, through or out of Saskatchewan but is not a certificate of registration to authorize the operation of any vehicle.(2) Upon application by the owner or applicant and upon payment of the prescribed fee, the board may:

(a) issue a certificate of registration for a motor vehicle, trailer or semi-trailer to the owner or applicant who holds a licence under the Motor Vehicle Transport Act (Canada) ; or

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(b) subject to section 17, issue a certificate of registration for a commerical or public service vehicle for the purpose of transporting passengers or goods by motor vehicle as an intra-provincial operation, provided the applicant is a resident of Saskatchewan.

(3) Notwithstanding clause (b) of subsection (2), the board may, by regulation, exempt an owner or applicant from the residence requirement mentioned in that subsection.

1969, c.72, s.6; R.S.S. 1978, c.V-3, s.31.

Application32 Application for a certificate of registration shall be made to the board in the form and manner required by the board and shall be accompanied by the prescribed fee.

R.S.S. 1965, c.377, s.29; R.S.S. 1978, c.V-3, s.32.

Registration33(1) The board, upon receiving an application for registration of a vehicle to be operated for private purposes or as a commercial vehicle and on payment of the prescribed fee, shall, subject to this Act and the regulations, cause the name and address of the owner and the description of his vehicle to be registered and issue to the owner a numbered certificate showing registration in accordance with this Act.(2) The board, upon receiving an application for registration of a vehicle to be operated as a public service vehicle and on payment of the prescribed fee, may, if it finds that public business will be promoted by the establishment of a proposed transportation service, or a part thereof, issue to the applicant a certificate of registration allowing the operation of the vehicle in the manner determined by the board and as set forth in the certificate.(3) Notwithstanding any other provision of this Act, the board may issue a certificate of registration:

(a) for any period; or(b) for a twelve-month period commencing on the first day of any month the board may designate;

and if the period is more or less than twelve months the board shall make an appropriate adjustment in the fee to be paid for the certificate of registration.

R.S.S. 1965, c.377, s.30; 1967, c.82, s.6; 1970, c.79, s.7; 1976-77, c.99, s.3; R.S.S. 1978, c.V-3, s.32.

Conditions governing issue of certificate34(1) Subject to subsection (1) of section 209, no certificate for a public service vehicle shall be issued unless the applicant has filed with the board such of the following insurance policies or bonds as may be required by the board:

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(a) a motor vehicle liability policy or a bond of a guarantee insurance or surety company authorized to carry on business in Saskatchewan, the covering of which shall be extended to provide for any loss or damage resulting from bodily injury to or the death of any person being carried in or upon or entering or getting onto or alighting from the vehicle, having due regard to the number of passengers, and for loss of personal property of passengers that is carried in or upon the vehicle, and for damage to property of any person other than the insured;(b) a policy of inland transportation insurance or a bond of a company mentioned in clause (a) in such form and amounts and covering against such risks in respect of the loss of or damage to goods in the course of transit or during delay incidental to transit as shall be prescribed by the regulations; and(c) a policy of guarantee insurance or a bond of a company mentioned in clause (a) covering the payment to the consignor of all sums collected by the transporter on behalf of the consignor.

(2) Where an applicant for a certificate for a public service vehicle desires to operate the vehicle inter-provincially the board may in lieu of the policies or bonds required under subsection (1), accept those that have been deposited with the officials of another province and shall, before issuing a certificate, take up all matters pertaining to the interprovincial operation with the officials of the province concerned.(3) No certificate for a motor vehicle other than a public service vehicle shall be issued unless the applicant has, where required to do so under the regulations of the board, filed with the board a motor vehicle liability policy or a bond of a guarantee insurance or surety company authorized to carry on business in Saskatchewan, the covering of which shall be extended to provide, in case of property damage, to the limit of at least $1,000 exclusive of interest and costs, for damage to property resulting from any one accident.(4) No certificate for a vehicle shall be issued unless the applicant has complied with the provisions of The Automobile Accident Insurance Act relating to the application and payment of premium for insurance thereunder.(5) No certificate for a public service vehicle that is to be used in the operation of a taxi service within a city, town or village shall be issued unless the applicant has filed with the board a certificate of good character furnished by the chief constable or acting chief constable of the city, town or village.(6) No certificate for a public service vehicle that is to be used in the operation of a taxi service shall be issued unless the applicant has his application signed and recommended by:

(a) the city clerk or such other person authorized by the city if the taxi service is to be operated within a city;(b) the town clerk or such other person authorized by the town if the taxi service is to be operated within a town;(c) the village secretary or such other person authorized by the village if the taxi service is to be operated within a village; or(d) the secretary treasurer or such other person authorized by the rural municipality if the taxi service is to be operated within a rural municipality.

R.S.S. 1965, c.377, s.31; 1967, c.82, s.7; 1968, c.83, s.10; R.S.S. 1978, c.V-3, s.34.

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Rights conferred not exclusive35 No public service vehicle certificate shall be deemed to confer exclusive rights upon any person.

R.S.S. 1965, c.377, s.32; R.S.S. 1978, c.V-3, s.35.

Lapse of certificate on non-exercise of powers36 Unless exercised within a period of thirty days from the date on which it is issued, or within such further period as the board may on application allow, the authority conferred by a public service vehicle certificate shall cease and terminate and the certificate shall be deemed to be revoked.

R.S.S. 1965, c.377, s.33; R.S.S. 1978, c.V-3, s.36.

Renewal of certificate37(1) Every person who holds a public service vehicle certificate shall, prior to the expiration of his existing registration or such later date as the board may allow, make application to the board for renewal thereof for the next registration period and the application shall be accompanied by the prescribed fee.(2) Subject to subsection (3), the board may, if satisfied with the service rendered by the applicant, issue a renewal certificate.(3) Such certificate shall not be renewed where the applicant has not complied with the provisions of The Automobile Accident Insurance Act relating to the application and payment of premium for insurance thereunder.(4) If renewal is refused the applicant shall not operate a public service vehicle beyond the end of the current registration period.

R.S.S. 1965, c.377, s.34; 1976-77, c.99, s.4; R.S.S. 1978, c.V-3, s.37.

Power to refuse issue of certificate38(1) The board may refuse to issue a certificate to an applicant if satisfied that he is not a fit and proper person to be in charge of a motor vehicle or is subject to disabilities that might render his operation of a motor vehicle a public danger.(2) Where an applicant for a certificate of registration of a vehicle is indebted to the board in the amount of any fees and charges payable in respect of the operation of any vehicle in the current or any preceding registration period or periods, the board may refuse to issue a certificate or a driver’s licence to the applicant until the amount of the fees and charges has been paid.(3) If an applicant for a certificate of registration of a vehicle is indebted to Her Majesty in right of Saskatchewan in the amount of any tax payable under The Education and Health Tax Act, The Education and Health Tax Act, chapter 66 of The Revised Statutes of Saskatchewan, 1965, The Education and Health Tax Act, chapter 61 of The Revised Statutes of Saskatchewan, 1953, The Education and Hospitalization Tax Act, 1950, or the enactments repealed by the last mentioned Act, in respect of the vehicle, the board shall refuse to issue a certificate until it is satisfied that the tax has been paid to the Minister of Finance.(4) The board may refuse to issue a certificate of registration to an applicant, if in the opinion of the board, the vehicle for which the certificate is required is mechanically unfit or unsafe for transportation.

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(5) Where an applicant for a certificate of registration of a vehicle or for a licence or permit is indebted to The Saskatchewan Government Insurance Office in the amount of a premium assessed in the current or any preceding year, and the board has received notice of the indebtedness, the board shall refuse to issue the certificate, licence or permit.(6) Where an applicant for a certificate of registration of a vehicle has failed to file with the board an annual report in the prescribed form as required by the regulations, the board may refuse to issue a certificate until the report has been filed.(7) The board shall refuse to issue a certificate to an applicant if he is a person to whom subsection (5) or (6) of section 54 of The Automobile Accident Insurance Act applies.

R.S.S. 1965, c.377, s.35; 1976-77’ c.99, s.5; R.S.S. 1978, c.V-3, s.38.

Procedure where serial number of vehicle obliterated39 Where:

(a) the manufacturer’s serial number or similar identifying mark on a vehicle has been obliterated, defaced or lost; or(b) a vehicle has been built in whole or in part, or rebuilt or made up, of parts from one or more vehicles, and, as a result of the building or rebuilding or for any other reason, has no serial number or identifying mark;

the board may, before issuing a certificate of registration in respect of the vehicle, require the applicant to furnish satisfactory proof of ownership and upon receipt of such proof shall issue a special identification number or mark, which shall be attached to the vehicle and shall be deemed sufficient identification for the purpose of registration.

R.S.S. 1965, c.377, s.36; 1971, c.50, s.8; R.S.S. 1978, c.V-3, s.39.

Exchange or transfer of certificate40(1) Upon receipt of an application for an exchange or transfer of a certificate of registration and on payment of the prescribed fee the board may, pending completion of the exchange or transfer, issue to the applicant a receipt for the fee.(2) The receipt shall be displayed on the vehicle in respect of which the application was made, and shall for a period of twenty days including the day of its date constitute a valid authority for the operation of the vehicle.

R.S.S. 1965, c.377, s.37; R.S.S. 1978, c.V-3, s.40.

Additional fee where vehicle reconstructed41(1) Where a motor vehicle for which a certificate has been issued is thereafter reconstructed, the board shall, on return of the certificate and number plates and on payment of the prescribed fee, register the motor vehicle and issue a new certificate and new number plates.(2) Notwithstanding subsection (1), where a power unit has been reconstructed by the addition of a conversion axle the board shall, on payment of the prescribed fee, register the conversion axle and issue a certificate and number plate for the conversion axle.

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(3) Where the owner of a registered motor vehicle requests, in the form required by the board, that the motor vehicle be registered in a class different from that for which the subsisting certificate of registration has been issued, the board may re-register the vehicle upon payment of the prescribed fee.(4) For the purposes of this section “certificate” and “certificate of registration” include a certificate of registration issued under section 55.

R.S.S. 1965, c.377, s.38; R.S.S. 1978, c.V-3, s.41.

Fee for convertible vehicle42 Every motor vehicle usually operated as a passenger car but which is sometimes used with a truck body, and every motor vehicle usually operated as a truck but which is sometimes used with a touring, sedan, coupe or roadster body, shall be registered in the class requiring the greater fee and the certificate issued in respect of such vehicle shall bear the inscription “Convertible Vehicle”.

R.S.S. 1965, c.377, s.39; R.S.S. 1978, c.V-3, s.42.

Certificate carried on vehicle or on person of driver43 The certificate of registration of a vehicle shall be carried on the vehicle in a reasonably conspicuous position in the driver’s compartment, or on the person of the driver, and produced for inspection upon the demand of a traffic officer, police officer or constable or other authorized person; provided that if in any case the certificate of registration is not so carried but is produced, at such time and place as may be designated by the person demanding production, within forty-eight hours after the demand for production is made this section shall be deemed to have been complied with.

R.S.S. 1965, c.377, s.39; R.S.S. 1978, c.V-3, s.43.

Issue of number plates44 The board having duly registered a vehicle shall, subject to this Act, issue to the person to whom the certificate of registration of the vehicle is issued a distinctive number plate or plates and a current validation sticker or stickers to be displayed on the vehicle while in use on a public highway.

R.S.S. 1965, c.377, s.41; 1976-77, c.99, s.6; R.S.S. 1978, c.V-3, s.44.

Issue of plates pending completion of registration45 Upon receipt of an application for a certificate of registration of a vehicle other than a public service vehicle and on payment of the prescribed fee, the plate or plates and a current validation sticker or stickers or a departmental receipt may be issued pending completion of registration and the issue of a certificate bearing the same number as the plate or plates. The plate or plates with the current validation sticker or stickers attached thereto or the departmental receipt shall be immediately affixed to the vehicle described in the application.

R.S.S. 1965, c.377, s.42; 1976-77, c.99, s.7; R.S.S. 1978, c.V-3, s.45.

Number plates property of the Crown46(1) Every number plate and validation sticker furnished by the board under this Act shall be and remain the property of the Crown, and shall be returned to the board when requested by it.

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(2) A person who fails to comply with such request is guilty of an offence and liable on summary conviction to a fine of not less than $5 nor more than $25 and in default of payment to imprisonment for a term not exceeding seven days.

R.S.S. 1965, c.377, s.43; 1976-77, c.99, s.8; R.S.S. 1978, c.V-3, s.46.

Display of plates47(1) Every number plate shall bear:

(a) such letters and numbers as the board may require to indicate the classification and registration of the vehicle for which the number plate is issued;(b) an imprint or a validation sticker or stickers showing the year or abbreviation thereof and the month or abbreviation thereof in which the registration period expires;(c) the word “Saskatchewan” or the abbreviation “Sask.”; and(d) such other distinguishing marks as the board may require.

(2) Every motor vehicle, other than a power unit, a motor cycle, a pedal bicycle with motor attachment or a vehicle to which a certificate issued under subsection (1) of section 55 applies, shall carry and expose two number plates, one on the front and one on the rear, issued under this Act; every power unit shall carry one such number plate which shall be attached to the front; and every motor cycle, pedal bicycle with motor attachment, vehicle to which a certificate issued under subsection (1) of section 55 applies, trailer and semi-trailer shall carry one such number plate which shall be attached to the rear.(3) Every snowmobile shall carry one number plate on the rear exposed as required by this Act and the second plate obtained at the time of registration shall be returned to the board forthwith.(4) Every person who fails to comply with subsection (3) is guilty of an offence.(5) Every number plate shall be firmly secured so as to prevent swinging, be so placed as to be distinctly visible and kept free from oil, grease, dirt and other substances likely to impair legibility; and the view thereof shall not be obscured or obstructed by spare tires, bumper bars, or by any part of the motor vehicle, trailer or semi-trailer, or any attachment thereto, or by the load carried, nor shall any plate, disc or article be so attached to a number plate that the plate, disc or article is likely to obstruct the view of the number plate.(6) No person shall drive or operate, and no owner shall cause or allow to be driven or operated, on a public highway, a motor vehicle, trailer or semi-trailer on which a number plate is not displayed or on which number plates are not displayed, as the case may require, in accordance with the requirements of subsections (2) and (5).(7) Notwithstanding subsection (2), the Lieutenant Governor in Council may, by order, declare that:

(a) subject to such terms and conditions as may be prescribed in the order; and(b) during such period or periods of time as may be designated in the order;

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motor vehicles or any class of motor vehicles, other than power units, motor cycles and pedal bicycles with motor attachments, shall not be required to carry and expose on the front thereof the distinctive number plates issued by the board.


Prohibitions re display, defacement and alteration of plates, certificates, etc.48(1) Subject to section 65, no person shall operate on a public highway a trailer or semi-trailer or a motor vehicle on which is carried or exposed a number plate other than one issued by the board for the current registration year or by the government of a state or another province, or pursuant to any bylaw of a municipal corporation within the province.(2) Subject to section 51, no person shall use or permit the use of his certificate, number plate or plates on any vehicle other than the registered vehicle for which the certificate, plate or plates were issued.(3) No person shall wilfully deface or alter any number plate, certificate of registration, licence or permit.(4) A person operating, or causing to be operated, a vehicle bearing a wilfully defaced or altered number plate and a person who has in his possession a wilfully defaced or altered certificate of registration, licence or permit is guilty of an offence and liable on summary conviction, for a first offence to a fine of not less than $25 nor more than $50, and for a subsequent offence to a fine of not less than $50 nor more than $100.

R.S.S. 1965, c.377, s.45; R.S.S. 1978, c.V-3, s.48.

Re-registration in case of loss or defacement of number plate49(1) If the number plate or plates or one of the number plates of a registered vehicle is lost or destroyed, the owner shall forthwith apply to the board for re-registration of his vehicle, returning the certificate and remaining plate, if any, and accompanying his application with an affidavit that the original plate or plates or one of them has been lost or destroyed, and he shall thereupon and upon payment of the prescribed fee receive a new certificate and a new plate or plates.(2) If a number plate of a registered vehicle is so defaced as to be illegible, the owner shall forthwith apply to the board for re-registration of his vehicle, returning the defaced plate and the other plate, if any, and he shall thereupon and upon payment of the prescribed fee receive a new certificate and a new plate or plates.(3) Upon receipt of an application in compliance with subsection (1) or (2), the board may, pending the issue of the new certificate and the new plate or plates, issue to the applicant a receipt for the fee. The receipt shall be displayed on the vehicle and shall for a period of twenty days including the day of its date constitute a valid authority for the operation of the vehicle.(4) Where the board has pursuant to subsection (1) or (2) issued new plates and a certificate of registration in respect thereof to replace plates lost, destroyed or defaced, the plates so lost, destroyed or defaced and the certificate of registration in respect thereof shall be deemed to be cancelled.

R.S.S. 1965, c.377, s.46; 1968, c.83, s.11; R.S.S. 1978, c.V-3, s.49.

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Number plate removed on sale50(1) No person shall sell, exchange or otherwise dispose of a motor vehicle, trailer or semi-trailer belonging to him, or in respect of which he is the agent, without removing the number plate or plates attached thereto at the time of the sale, exchange or disposal.(2) Every person who sells, exchanges or otherwise disposes of a motor vehicle, trailer or semi-trailer shall, if the plate or plates are not then required for use in accordance with section 51, forward the plate or plates to the nearest office of the board where they shall be held and reissued to the owner if he obtains another motor vehicle, trailer or semi-trailer.(3) No person selling a motor vehicle, trailer or semi-trailer shall hold out or represent to the party purchasing or to any one acting for him that any plate or plates theretofore issued for the vehicle will authorize or permit the operation of the vehicle by the purchaser.

R.S.S. 1965, c.377, s.47; R.S.S. 1978, c.V-3, s.50.

Procedure on disposal of registered vehicle51(1) If an owner sells, exchanges or otherwise disposes of his registered motor vehicle, trailer or semi-trailer he shall immediately notify the board and furnish the name and address of the new owner thereof.(2) If the owner of a motor vehicle, trailer or semi-trailer that has been registered in Saskatchewan transfers the number plate or plates from the vehicle to another he shall immediately apply, in the form required by the board, for a transfer of registration and pay the prescribed fee, and the vehicle to which the number plate or plates have been transferred shall be deemed to be sufficiently registered for the purposes of this Act if the application and fee have been filed with or mailed to the board.(3) The board shall on payment of the prescribed transfer fee register the vehicle to which the plate or plates have been transfered in the name of the owner.

R.S.S. 1965, c.377, s.48; R.S.S. 1978, c.V-3, s.51.

Alterations of vehicle to be reported52 If:

(a) the body of a motor vehicle is replaced by another body;or

(b) the class of a motor vehicle is changed or the type of a motor vehicle is converted;

the person making the alteration shall forthwith report it to the board. R.S.S. 1965, c.377, s.49; R.S.S. 1978, c.V-3, s.52.

Permits53 Where an application is made to the board for permission to operate:

(a) an unregistered motor vehicle, trailer, semi-trailer;(b) a registered motor vehicle, trailer or semi-trailer for a purpose other than one authorized by the regulations for the class of vehicles to which the vehicle belongs; or

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(c) a registered vehicle with a gross weight in excess of that specified in the current certificate of registration of the vehicle;

the board may, subject to sections 68 and 70 of The Highways Act, after inquiring into the circumstances and upon being satisfied that it is in the public interest to do so and upon payment of such fee as the board may determine, issue a permit for the operation of the vehicle for the purpose and for such period as may be specified in the permit.

1967, c.82, s.9; R.S.S. 1978, c.V-3, s.53.

Same54 Where a person has been authorized by a permit issued under section 70 of The Highways Act to operate a vehicle on a public highway he shall apply to the board for a permit authorizing the operation of the vehicle and upon receiving payment of the prescribed fee the board may issue the permit.

R.S.S. 1965, c.377, s.51; R.S.S. 1978, c.V-3, s.54.

DEALERS

Dealer’s certificate55(1) Every dealer shall, instead of registering every vehicle owned or controlled by him, apply for a general distinguishing number or mark, and the board may, upon production of satisfactory evidence by the applicant that he is a bona fide dealer and on payment of the prescribed fee, issue a certificate of registration containing the name, place of business and address of the applicant, and the general distinguishing number or mark allotted to him; and each vehicle owned and operated by the dealer shall, until sold or let for hire, be deemed sufficiently registered when bearing that number or mark.(2) No dealer shall permit any dealer plate issued to him to be displayed or used on a vehicle not owned or controlled by him and no dealer shall lend his dealer plate to another person to be displayed or used on a vehicle not owned or controlled by the dealer.(3) No dealer who has sold a vehicle shall hold our or represent to the purchaser or to anyone acting for him that his dealer plate will authorize or permit the operation of the vehicle by the purchaser when the dealer plate issued to the dealer is displayed thereon.(4) The board may make regulations respecting the purposes for which a vehicle that is deemed to be registered under subsection (1) may be operated.(5) If a dealer has an established place of business in more than one city, town or village, he shall obtain a separate and distinctive certificate and a distinguishing number or mark for each place of business.(6) Every dealer shall account for all number plates issued to him.

R.S.S. 1965, c.377, s.52; 1972, c.144, s.7; R.S.S. 1978, c.V-3, s.55.

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Revocation of dealer’s certificate56 The board may, if satisfied that a person who is in possession of a dealer’s certificate is not a bona fide dealer, revoke the certificate and require him to obtain a certificate for each motor vehicle owned by him.

R.S.S. 1965, c.377, s.53; R.S.S. 1978, c.V-3, s.56.

Monthly statement of sales57(1) Every dealer shall, within the first five days of every month, forward to the board a statement signed by him, giving full particulars of all motor vehicles, whether new or second-hand, sold and delivered by him in Saskatchewan during the preceding month, or declaring that he has sold none during that period; and in the former case the statement shall contain, in addition to any further particulars required by the board, the name and address of the purchaser of each vehicle.(2) The board may suspend or revoke a dealer’s certificate for non-compliance with subsection (1).(3) A dealer who forwards to the board a statement false in any material particular is guilty of an offence and liable on summary conviction to a fine of not less than $10 nor more than $50.

R.S.S. 1965, c.377, s.54; R.S.S. 1978, c.V-3, s.57.

Certificate displayed on premises58 Every certificate issued to a dealer shall be displayed in his place of business so as to be readily visible to the public.

R.S.S. 1965, c.377, s.55; R.S.S. 1978, c.V-3, s.58.

BUYERS, SELLERS AND MOVERS OF TRAILERS AND SEMI-TRAILERS

Special registration59(1) A person or firm engaged in the business of buying, selling or moving trailers or semi-trailers may, instead of registering every trailer or semi-trailer owned, controlled or moved by the person or firm, apply for a general distinguishing number or mark, and the board may, upon payment of the prescribed fee, issue a certificate of registration, to be called a T trailer certificate of registration, containing the name, place of business and address of the applicant, and the general distinguishing number or mark allotted to the person or firm; and each trailer or semi-trailer owned or moved by that person or firm shall, until sold or let for hire, be deemed sufficiently registered when bearing that number or mark.(2) Nothing in subsection (1) shall be construed to apply to a trailer or semi-trailer operated for service purposes or for the transportation of goods or passengers and every person or firm to whom or to which a certificate has been issued under subsection (1) shall, before he or it uses or permits to be used a trailer or semi trailer for any of the said purposes, obtain the necessary certificate therefor.

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(3) Every person or firm to whom or to which a certificate has been issued under subsection (1) shall, within the first five days of every month, forward to the board a statement signed by him or by one of the members of the firm, giving full particulars of all trailers or semi-trailers, whether new or second-hand, sold and delivered or moved by him in Saskatchewan during the preceding month, or declaring that he has sold or moved none during that period; and in the former case the statement shall contain, in addition to any further particulars required by the board, the name and address of the purchaser of each such trailer or semi-trailer or the name and address of the person or firm to whom each such trailer or semi-trailer has been delivered.

R.S.S. 1965, c.377, s.56; R.S.S. 1978, c.V-3, s.59.

MANUFACTURERS

Distinguishing numbers or marks60(1) Every manufacturer shall apply for a general distinguishing number or mark and the board may, upon payment of the prescribed fee, issue a certificate of registration containing the name, place of business and address of the applicant and the general distinguishing number or mark allotted; and all motor vehicles operated for the purpose of testing their efficiency or transfer ring them from the manufacturing plant to a place of storage and vice versa shall be deemed sufficiently registered under that number or mark.(2) No motor vehicle displaying such distinguishing number or mark shall be operated by a person for hire, for service purposes or for the delivery of goods.

R.S.S. 1965, c.377, s.57; 1971, c.50, s.8; R.S.S. 1978, c.V-3, s.60.

WRECKERS

Licence61(1) No person shall carry on the business of a wrecker in a place in respect of which he does not hold a subsisting licence issued to him under this Act.(2) Every person who desires to do business as a wrecker shall obtain a licence from the board in respect of each place used for the purposes of his business.(3) The licence shall be displayed in the place of business in respect of which it is issued in such manner as to be readily visible to the public.(4) The board may suspend or revoke a licence issued under this section for violation of any provision of this Act by the holder thereof or by any of his employees, or for any other reason that, in the opinion of the board, justifies the suspension or revocation.(5) A licence shall not be granted to a person whose business or part of whose business is that of dealing in second-hand motor vehicles that are brought into the province for the purpose of resale, but this subsection does not apply to a dealer who accepts such motor vehicle in exchange for an unused motor vehicle.

R.S.S. 1965, c.377, s.58; R.S.S. 1978, c.V-3, s.61.

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Records and reports 62(1) Every wrecker shall:

(a) keep a record of all motor vehicles wrecked on his premises, containg such information including serial number, type of body and make, as will enable each motor vehicle to be readily identified, and shall within the first five days of each month transmit to the board, on forms furnished by it, a statement specifying the motor vehicles wrecked and containing such other information as may be required by the board; and(b) if a motor vehicle comes into his possession, on which the manufacturer’s serial number or other identifying mark has been obliterated or defaced or is not easily recognized, forthwith make a report thereof to the board or to a police officer or police constable.

(2) Where a motor vehicle is placed in the possession of a wrecker and remains in his possession without good reason, he shall forthwith make a report to the board stating the facts.

R.S.S. 1965, c.377, s.59; R.S.S. 1978, c.V-3, s.62.

Inspections 63 A traffic officer, police officer or police constable may enter the premises of any wrecker and make such investigation and inspection of the premises and of the records as he thinks proper in order to ascertain whether this Act is being complied with.

R.S.S. 1965, c.377, s.60; R.S.S. 1978, c.V-3, s.63.

RENTING OF VEHICLES

Records 64(1) Every person engaged in the business of renting motor vehicles without drivers shall keep a record, which shall be signed by each person to whom a vehicle is rented, and shall contain particulars showing each vehicle rented, the identity of the person to whom it is rented, the number and particulars of his operator’s or chauffeur’s licence, the day on which and time at which the vehicle is rented, the time for which it is rented, the time during which it is in the possession of the person to whom it is rented, and such further information as may be required by the board.(2) Every person engaged in the business of renting trailers shall keep a record containing particulars showing each trailer rented, the number of the Saskatchewan certificate of registration issued in respect of the trailer, the day on which and the time for which it is rented and the name and address of the person to whom it is rented.(3) A record kept pursuant to subsection (1) or (2) shall be a public record and open to inspection of any person during business hours.(4) A person who is an agent of a non-resident engaged in the business of renting vehicles in Saskatchewan shall for the purpose of section 253 be deemed be the owner of such vehicles.

R.S.S. 1965, c.377, s.61; R.S.S. 1978, c.V-3, s.64.

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NON-RESIDENTS

Privileges65(1) Subject to subsection (3), a non-resident may use his motor vehicle, trailer or semi-trailer within the province for a period not exceeding ninety days, and during that period he shall not be required to register his vehicle under this Act if:

(a) he has complied with the law of the province, state or country in which he resides or formerly resided, as the case may require, as to the registration of the vehicle; and(b) such certificate or certificates are carried, and such number plate or plates are exposed on the vehicle, as are required by the law of that province, state or country.

(2) Subject to subsection (3), where a person who ordinarily resides in another province of Canada or in a state or in a country other than Canada enters Saskatchewan and resides therein for the purpose of attending a school, university or college in Saskatchewan as a student, he may use his motor vehicle within Saskatchewan for the period during which he is so attending such school, university or college, and during that period he shall not be required to register his vehicle under this Act if:

(a) he has complied with the law, as to the registration of the vehicle, of the province, state or country in which he resided before entering Saskatchewan for the purpose of attending a school, university or college as a student; and(b) such certificate or certificates are carried, and such number plate or plates are exposed on the vehicle, as are required by the law of that province, state or country; and(c) he gives proof of financial responsibility in the manner and for the amounts required by Part VI when requested to do so by the board or by a traffic officer, police officer or police constable.

(3) Subsections (1) and (2) do not apply to a motor vehicle, trailer, or semi-trailer owned by a non-resident or by a person to whom subsection (2) applies and used as a commercial or public service vehicle or to a truck or trailer owned by a non-resident or by a person to whom subsection (2) applies and used in connection with the carrying on of farming operations.(4) Notwithstanding any other provision of this Act, a person using a trailer leased from a non-resident engaged in the business of trailer rental, may tow the trailer into the province to the destination shown on the rental agreement or to the place of business with in the province of any of the lessor’s agents where it is to be delivered; and the trailer need not be registered under this Act if:

(a) the lessor has complied with the law of the province, state or country in which he resides as to the registration of the trailer; and(b) the registration certificate is carried and the number plate or plates for the trailer are exposed thereon as required by the law of the province, territory, state or country where the trailer is registered.

(5) No person shall lease to another person a trailer of the kind mentioned in subsection (4) unless it is leased for the purpose of returning it to the province, territory, state or country from which it came.

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(6) For the purpose of this section the word “non-resident” includes a company incorporated otherwise than by or under the authority of an Act of the Legislature.


DRIVERS’ LICENCES AND PERMITS

Driver’s licence66(1) Subject to sections 70, 71 and 75, subsection (3) of section 76 and section 77, no person shall drive a motor vehicle on a public highway unless he holds an appropriate subsisting driver’s licence issued to him by the board permitting him to operate the vehicle being driven.(2) In a prosecution for violation of subsection (1) the onus is on the accused to show that he holds an appropriate subsisting driver’s licence.(3) A person who violates subsection (1) is guilty of an offence and liable on summary conviction to a fine of not more than $100 and in default of payment to imprisonment for a term not exceeding thirty days.

1976-77, c.99, s.10; R.S.S. 1978, c.V-3, s.66.

Driver instructors and training schools67(1) In this section “driver training school” means a person, firm or association that is engaged in the business of giving instructions for hire, fee or tuition in the driving of motor vehicles or the preparation of an applicant for an examination for a licence.(2) No person, firm or association shall engage in the operation of a driver training school unless he or it has been issued a certificate of registration by the director for the current year.(3) No person shall hold himself out as, or give instructions as a driver instructor, unless he has been issued an instructor’s certificate by the director for the current year.(4) The Lieutenant Governor in Council may make regulations:

(a) classifying driver training schools and driver instructors, prescribing the respective qualifications and conditions under which they may apply for registration, and may operate;(b) prescribing the fees to be paid for a certificate of registration or a licence under this section;(c) prescribing the amount of bond, if any, required to be furnished by an applicant or a registrant or licensee mentioned in this section;(d) prescribing contracts, forms and returns to be used and made by driver training schools and driver instructors;(e) prescribing performance standards for driver training schools and driver instructors; and(f) prescribing minimum standards for vehicles and training aids used by driver training schools and driver instructors.

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(5) The director may suspend or revoke:(a) the certificate of registration of a driver training school where the driver training school fails to comply with or is found guilty of a violation of any provision of this Act or the regulations; or(b) the certificate of a driver instructor where the driver instructor fails to comply with or is found guilty of a violation of any provision of this Act or the regulations.

(6) No driver instructor’s certificate shall be issued to any person unless:(a) he is eighteen years of age or more; and(b) he files with his application a driver instructor’s certificate issued to him by The University of Saskatchewan or by such other institution as may be approved by the board.

1969, c.72, s.7; 1972, c.144, s.10; 1976-77, c.99, s.12; R.S.S. 1978, c.V-3, s.67.

One licence to one person68 No person shall hold more than one driver’s licence issued under this Act.

1976-77, c.99, s.14; R.S.S. 1978, c.V-3, s.68.

“Motor vehicle” defined69 In sections 66 and 67 “motor vehicle” does not include:

(a) farm machinery other than:(i) tractors when used otherwise than by farmers in connection with their farming operations;(ii) motor cars; and(iii) farm trucks;

(b) road building or road maintenance machinery or equipment;(c) machinery used for the construction of drainage works or water conservation projects; or(d) machinery used for excavation purposes.

R.S.S. 1965, c.377, s.68; 1976-77, c.99, s.15; R.S.S. 1978, c.V-3, s.69.

Exemptions70(1) No provision of section 66 shall apply to a person:

(a) who is the holder of a Department of National Defence driver’s licence or any other driver’s licence issued by the Government of Canada, when that person is operating a vehicle in the service of and owned by the Government of Canada; or(b) who is not a resident of Canada but holds a subsisting International Driving Permit issued by a contracting state under the Convention on Road Traffic of the United Nations Conference on Road and Motor Transport.

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(2) A non-resident may drive a motor vehicle within the province for a period not exceeding ninety days without obtaining a driver’s licence under this Act if he carries with him a subsisting licence that permits him to drive that motor vehicle on a public highway in the province, state or country in which he resides or formerly resided, as the case may require, and produces the licence at the request of any police officer, police constable or traffic officer.(3) Where a person who ordinarily resides in another province of Canada or in a state or in a country other than Canada enters Saskatchewan and resides therein for the purpose of attending a school, university or college in Saskatchewan as a student, he may drive a motor vehicle within Saskatchewan for the period during which he is so attending such school, university or college without obtaining a driver’s licence under this Act if he carries with him a subsisting licence that permits him to drive that motor vehicle on a public highway in the province, state or country in which he resided before entering Saskatchewan for the purpose of attending a school, university or college as a student and produces the licence at the request of any police officer, police constable or traffic officer.

R.S.S. 1965, c.377, s.69; 1967, c.82, s.13; 1976-77, c.99, s.16; R.S.S. 1978, c.V-3, s.70.

Exemption in case of dual control training vehicle71 A dual-control training vehicle shall be deemed to be driven by an instructor when he is in the driving position for one set of driving controls.

R.S.S. 1965, c.377, s.70; R.S.S. 1978, c.V-3, s.71.

Issue of licence or perm it prohibited in certain cases72 No licence or permit shall be issued by the board to any person:

(a) who is under the minimum age permitted by the board for the holder of a driver’s licence in the class being applied for;(b) who fails to submit to the board a birth certificate or other evidence satisfactory to the board showing his name and age;(c) who is under eighteen years of age and who has not previously held an operator’s licence, unless his application bears, in addition to any other signature required, the signature of one of his parents or his guardian;(d) who holds a subsisting licence that permits him to drive a motor vehicle on a public highway in another province, state or country, unless he surrenders that licence to the board;(e) who fails to attach to his application form a driver’s licence, issued under this Act, with an expiry date that is within five years of the date of his application, unless he passes a driver’s examination, but no provision of this clause shall apply where the application form has been furnished to the person by the board to be used only as an application for renewal of licence;(f) who is known to the board to be an habitual drunkard or addicted to the use of narcotic drugs;(g) who is known to the board to be afflicted with or suffering from a physical or mental disability or disease that might prevent him from exercising reasonable and ordinary control over a motor vehicle while operating it upon a public highway;

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(h) who is required to take an examination under this Act, unless he has successfully passed the examination;(i) whose habits or conduct are known to the board to be such as to make his operation of a motor vehicle a source of danger to the public;(j) who has not complied with the provisions of The Automobile Accident Insurance Act relating to the application and payment of premium for insurance thereunder;(k) who is a person to whom subsection (5) or (6) of section 54 of The Automobile Accident Insurance Act applies.

1976-77, c.99, s.17; R.S.S. 1978, c.V-3, s.72.

Report of qualified medical practitioner73(1) Any legally qualified medical practitioner may report to the board the name, address and clinical condition of every person fifteen years of age or over attending upon the medical practitioner for medical services who, in the opinion of such medical practitioner, is suffering from a condition that may make it dangerous for such person to operate a vehicle.(2) No action may be brought against a qualified medical practitioner who makes a report in good faith in accordance with subsection (1).(3) The report referred to in subsection (1) is privileged for the information of the board only and shall not be open for public inspection, and such report is inadmissible in evidence for any purpose in any trial, except to show that a report has been made in good faith in accordance with this section.

1976-77, c.100, s.2; R.S.S. 1978, c.V-3, s.73.

Power of board to issue licences74(1) Subject to section 72, upon receipt of an application in such form as the board may require and upon payment of the prescribed fee, the board may issue to the applicant the licence for which he has applied.(2) Notwithstanding any other provision of this Act, the board may issue a driver’s licence:

(a) for any period; or(b) for a twelve-month period commencing on the first day of the month following the month in which the applicant for the driver’s licence has his birthday;

and if the period is more or less than twelve months the board shall make an appropriate adjustment in the fee to be paid for the driver’s licence.

1976-77, c.99, s.18; R.S.S. 1978, c.V-3, s.74.

Receipt may be permit to drive75 Notwithstanding clause (j) of section 72 and section 74, where a surcharge is levied on an applicant for a driver’s licence under the provisions of section 6 of The Automobile Accident Insurance Act and the applicant:

(a) pays the prescribed fee under this Act;(b) pays the basic rate and any additional premium under sections 5 and 8 of The Automobile Accident Insurance Act; and

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(c) has filed a duly completed notice and fee of $3 with the insurer in compliance with subsection (6) of section 6 of The Automobile Accident Insurance Act;

the board may issue to the applicant a receipt permitting him to drive under this Act; and the receipt so issued shall, subject to subsection (9) of section 7 of The Automobile Accident Insurance Act be valid for a period of sixty days from the date of its issue unless the board in writing extends the duration thereof.

1967, c.82, s.15; 1976-77, c.99, s.19; R.S.S. 1978, c.V-3, s.75.

Driver examinations76(1) Subject to any reciprocity agreement, the director may, upon such terms and conditions as he may prescribe, require any applicant for, or holder of, a driver’s licence to:

(a) pass a driver’s examination and pay the fee prescribed therefor by the regulations; and(b) file with the board a medical certificate that is in a form prescribed for the purpose by the board and has been completed by a duly qualified medical practitioner.

(2) Where the holder of a driver’s licence fails to comply with a requirement made of him pursuant to subsection (1), the director may suspend or revoke the driver’s licence of that holder.(3) Where an applicant for a driver’s licence is required to pass a driver’s examination he may, for the purpose of the examination, drive a motor vehicle upon a public highway when accompanied by or under the direction of a person authorized to conduct the examination.

1972, c.144, s.14; 1976-77, c.100, s.3; R.S.S. 1978, c.V-3, s.76.

Receipt for licence fee authority to drive77 Upon application for a licence, or for a duplicate licence where the original has been lost or destroyed, and upon payment of the prescribed fee, the board may, pending the issue of a licence or a duplicate licence, issue to the applicant a receipt for the fee, which receipt shall for a period of sixty days including the date of its issue constitute a valid authority to the applicant to drive a motor vehicle unless the authority granted is sooner cancelled by the board.

R.S.S. 1965,c.377,s.74; 1967,c.82, s.18; R.S.S. 1978, c.V-3, s.77.

Power of agent to make application78 Application for a licence or application under section 77 for a duplicate licence may be made by a person acting on behalf of the person who requires the licence or duplicate. Where an application is so made, section 245 applies to the person making the application as well as to the person on whose behalf the application is made.

R.S.S. 1965, c.377, s.75; R.S.S. 1978, c.V-3, s.78.

Licence to be signed by licensee79 Every licence issued under section 74 shall be signed with ink by the licensee in the space provided for that purpose and such licence shall not be valid unless so signed.

R.S.S. 1965, c.377, s.76; R.S.S. 1978, c.V-3, s.79.

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Endorsement restricting scope of licence80(1) Notwithstanding anything in this Act, the board may by endorsation of a licence restrict the licensee to the operation of a specified class of motor vehicle or restrict the licensee to the operation of a motor vehicle in such manner and on such conditions as the board may specify.(2) A person who operates a motor vehicle other than one belonging to a class to which he has been restricted by the endorsation of his licence or who operates a motor vehicle in a manner other than that, or contrary to the conditions, specified in the endorsation of his licence is guilty of a violation of this Act.

R.S.S. 1965, c.377, s.78; R.S.S. 1978, c.V-3, s.80.

Production of licence when demanded81 Every person who holds a licence issued under section 74 shall produce his licence when requested to do so by a traffic officer, police officer or police constable either at the time of request or within forty-eight hours thereafter at such time and place as may be designated by the person making the request.

R.S.S. 1965, c.377, s.80; R.S.S. 1978, c.V-3, s.81.

Minimum age of driver82 Subject to section 70 and the regulations passed under this Act no person under the age of sixteen years shall drive a motor vehicle or tractor upon a public highway.


Prohibitions83(1) No person shall drive a public service vehicle used for the transportation of passengers unless there is filed with the board a subsisting certificate of approval, respecting that person, furnished by the chief constable or acting chief constable of the city in which he resides or, if he does not reside within a city, by the clerk, secretary treasurer or chief constable of the municipality in which he resides, by a member of the Royal Canadian Mounted Police, by a provincial magistrate or by some other person satisfactory to the board.(2) No certificate of approval shall be considered subsisting if the person who furnished the certificate, or a successor in office to that person, has subsequently filed with the board a certificate of withdrawal of approval.(3) No person whose certificate of approval has been furnished by a person other than the chief constable or acting chief constable of a city shall drive a public service vehicle used for the transportation of passengers in a city unless his licence has been endorsed with the approval of the chief constable or acting chief constable of that city, and no person whose certificate of approval has been furnished by the chief constable or acting chief constable of a city shall drive a public service vehicle for the transportation of passengers in any other city unless his licence has been endorsed by the chief constable or acting chief constable of that other city.

1976-77, c.99, s.22; R.S.S. 1978, c.V-3, s.83.

Intoxicating liquor84 No driver of a public service or commercial vehicle shall drink intoxicating liquor while on duty.

R.S.S. 1965, c.377, s.83; R.S.S. 1978, c.V-3, s.84.

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Use of tobacco85 No driver of a public service vehicle carrying passengers shall use tobacco while driving the vehicle.

R.S.S. 1965, c.377, s.84; R.S.S. 1978, c.V-3, s.85.

GRANT, DURATION, SUSPENSION AND REVOCATION OF CERTIFICATES AND LICENCES

Revocation of licences86(1) In this section and in sections 87, 88, 89 and 90:

(a) “licence” means any driver’s licence issued or that may be issued under this Act;(b) “second conviction” means a conviction for an offence:

(i) committed at any time within a period of five years after the date of a conviction for the first time for an offence either before or after this section comes into force; and(ii) that next follows such first conviction;

(c) “subsequent conviction” means a conviction for an offence:(i) committed at any time within a period five years after the date of a conviction for the first time for an offence either before or after this section comes into force; and(ii) that follows a second conviction.

(2) A person whose licence is cancelled or whose right to secure a licence is suspended pursuant to this section is hereby:

(a) disqualified from driving a motor vehicle on a public highway, such disqualification to continue until he lawfully obtains a licence pursuant to this Act; and(b) prohibited from applying for a licence until the expiration of the applicable period of time as provided for by this section.

(3) The licence of a person who is convicted of an offence under section 203, 204 or 219, of the Criminal Code committed by means of a motor vehicle or of an offence under subsection (1) of section 233 of the Criminal Code is thereupon and hereby cancelled and his right to secure a licence is thereupon and hereby suspended and that person shall not apply for a licence and no licence shall be issued to that person:

(a) in the case of a first conviction for the offence, until after a period of one year from the date of the conviction;(b) in the case of a second conviction for the offence, until after a period of two years from the date of the second conviction;(c) in the case of each subsequent conviction for the offence, until after a period of five years from the date of the subsequent conviction.

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(4) The licence of a person who is convicted of an offence under subsection (4) of section 233, section 234, section 234.1 subsection (2) of section 235 or section 236 of the Criminal Code is thereupon and hereby cancelled and his right to secure a licence is thereupon and hereby suspended and that person shall not apply for a licence and no licence shall be issued to that person.

(a) in the case of a first conviction for the offence, until after a period of six months from the date of the conviction;(b) in the case of a second conviction for the offence, until after a period of one year from the date of the second conviction;(c) in the case of each subsequent conviction for the offence, until after a period of three years from the date of the subsequent conviction.

(5) The licence of a person who is convicted of an offence under subsection (2) of section 233 of the Criminal Code is thereupon and hereby cancelled and his right to secure a licence is thereupon and hereby suspended and that person shall not apply for a licence and no licence shall be issued to that person:

(a) in the case of a first conviction for the offence, until after a period of three months from the date of the conviction;(b) in the case of a second conviction for the offence, until after a period of six months from the date of the second conviction;(c) in the case of each subsequent conviction for the offence, until after a period of two years from the date of the subsequent conviction.

(6) Subject to subsection (7), the licence of a person who is convicted of an offence under subsection (3) of section 238 of the Criminal Code, or subsection (3) of section 238 of the Criminal Code as it existed on the twenty-fifth day of April, 1976, is thereupon and hereby cancelled and his right to secure a licence is thereupon and hereby suspended and that person shall not apply for a licence and no licence shall be issued to that person:

(a) in the case of a first conviction for the offence, until after a period of six months;(b) in the case of a second conviction for the offence, until after a period of one year;(c) in the case of each subsequent conviction for the offence, until after a period of three years;

after the expiration of the period:(d) provided in an order issued under subsection (1) of section 238 of the Criminal Code, as it existed on the twenty-fifth day of April, 1976, prohibiting the person from operating a motor vehicle on a public highway; or(e) during which his licence is cancelled and his right to secure a licence is suspended under this Act;

whichever is longer.

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(7) Where a person has been convicted of an offence under subsection (3) of section 238 of the Criminal Code for operating a motor vehicle while his licence is suspended under section 107 of this Act, the licence of that person is thereupon and hereby cancelled and his right to secure a licence is thereupon and hereby suspended and that person shall not apply for a licence and no licence shall be issued to that person until after the expiration of a period of six months from the date of the conviction.(8) Where a person who has been convicted of an offence mentioned in subsection (3) is within five years thereafter:

(a) convicted of any other offence mentioned in subsection (3) or of an offence mentioned in subsection (4), the conviction for the other offence or for the offence mentioned in subsection (4) shall be deemed to be a second conviction for the purpose of clause (b) of subsection (3);(b) convicted of any offence mentioned in subsection (3) or (4) after being convicted for an offence that is deemed pursuant to clause (a) to be a second conviction, the conviction for the offence mentioned in subsection (3) or (4) shall be deemed to be subsequent conviction for the purpose of clause (c) of subsection (3);

and that person shall not apply for a licence and no licence shall be issued to that person until after the expiration of the period mentioned in clause (b) or (c) of subsection (3), as the case requires.(9) Where a person who has been convicted of an offence mentioned in subsection (4) or of the offence mentioned in subsection (5) or (6) is within five years thereafter:

(a) convicted of any other offence mentioned in subsection (4) or of the offence mentioned in subsection (5) or (6), the conviction for the other offence or for the offence mentioned in subsection (5) or (6) shall be deemed to be a second conviction for the purpose of clause (b) of subsection (4);(b) convicted of any offence mentioned in subsection (4) or of the offence mentioned in subsection (5) or (6) after being convicted for an offence that is deemed pursuant to clause (a) to be a second conviction, the conviction for the offence mentioned in subsection (4), (5) or (6) shall be deemed to be a subsequent conviction for the purpose of clause (c) of subsection (4);

and that person shall not apply for a licence and no licence shall be issued to that person until after the expiration of the period mentioned in clause (b) or (c) of subsection (4), as the case requires.(10) Notwithstanding anything in this section, where:

(a) a person is, pursuant to any of these subsections, prohibited from applying for a licence for a period of time; and(b) a person is subject to an order issued under subsection (1) of section 238 of the Criminal Code, as it existed on the twenty-fifth day of April, 1976, prohibiting the person from operating a motor vehicle for a period of time longer or shorter than the period of time referred to in clause (a);

that person shall not apply for a licence and no licence shall be issued to that person until after the expiration of the longer period of time.

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(11) Where a person who is not the holder of a valid and subsisting licence is convicted, or is convicted for the second time or more, of any offence mentioned in subsection (3), (4), (5) or (6), his right to secure a licence is thereupon and hereby suspended and that person shall not apply for a licence and no licence shall be issued to that person until after the expiration of the period applicable thereto set out in subsection (3), (4), (5), (6), (8) or (9), as the case requires.(12) Where a person who is not a resident of Saskatchewan is convicted in Saskatchewan of any offence mentioned in subsection (3), (4), (5) or (6), the director may:

(a) by order prohibit that person from operating a motor vehicle in Saskatchewan for the period of time set out in clause (a) of subsection (3), (4), (5) or (6), as the case requires and(b) notify the proper authorities of the jurisdiction in which the person resides of the conviction and of any order made by him under clause (a).

(13) where the director makes an order under subsection (12) prohibiting a person from operating a motor vehicle in Saskatchewan for a period of time, the director shall cause notice of the order to be served by personal service or by registered mail, postage prepaid, on the person affected by the order and upon the service of the notice the person is prohibited from operating a motor vehicle in Saskatchewan according to the terms of the order.(14) Where a person who is a resident of Saskatchewan is convicted, or is convicted for the second time or more, in Canada outside Saskatchewan of any offence mentioned in subsection (3), (4), (5) or (6), the licence of that person is thereupon and hereby cancelled and his right to secure a licence is thereupon and hereby suspended and, where that person is not the holder of a valid and subsisting licence, his right to secure a licence is thereupon and hereby suspended, and that person shall not apply for a licence and no licence shall be issued to that person until after the expiration of the period applicable thereto set out in subsection (3), (4), (5), (6), (8) or (9), as the case requires.(15) Where:

(a) the holder of a valid and subsisting licence has his licence cancelled and his right to secure a licence suspended pursuant to this section; or(b) a person who is not the holder of a valid and subsisting licence has his right to secure a licence suspended pursuant to this section;

the convicting provincial magistrate, judge or court, as the case may be, shall:(c) in the case of a person to whom clause (a) applies:

(i) secure the licence from the person and forward it forthwith to the director; and(ii) notify the person that his licence is immediately cancelled, that his right to secure a licence is immediately suspended and that he is disqualified from driving a motor vehicle on a public highway until he lawfully obtains a licence pursuant to this Act;

(d) in the case of a person to whom clause (b) applies, notify the person that his right to secure a licence is immediately suspended and that he is disqualified from driving a motor vehicle on a public highway until he lawfully obtains a licence pursuant to this Act.

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(16) The notice required by clauses (c) and (d) of subsection (15) shall be endorsed on the information charging a person with any offence or offences mentioned in this section and the endorsement of the information shall be conclusive proof that the person convicted has been notified as required by clauses (c) and (d) of subsection (15) .(17) Where a person launches an appeal against a conviction for any of the offences mentioned in subsections (3), (4), (5) and (6) or makes an application for the issue of a prerogative writ in respect of a conviction for any of those offences, the cancellation of his licence and the suspension of his right to secure a licence remains in force unless the judge or court hearing the appeal or application orders that the cancellation and suspension be suspended pending the determination of the appeal or the application.(18) The director shall, on receipt of a certified copy of an order made by a judge or court under subsection (17) suspending the cancellation of the licence of a person and the suspension of his right to secure a licence, return the licence to the person.(19) Where an appeal against a conviction for any of the offences referred to in subsection (17) is dismissed or an application for the issue of a prerogative writ in respect of a conviction for any of those offences is denied:

(a) the cancellation of the licence and the suspension of the right to secure a licence of the person who launched the appeal or made the application for the issue of a prerogative writ shall be immediately revived and the period of time during which such cancellation and suspension was suspended shall not be included in determining the time when the period for which the licence was cancelled, and the right to secure a licence suspended, terminates; and(b) t he person shall forthwith forward his licence to the director.

(20) Where the conviction of a person for any of the offences referred to in subsection (17) is set aside on appeal or quashed, the cancellation of his licence and the suspension of his right to secure a licence is thereupon terminated and the director shall, on receipt of a certified copy of the order of the judge or court setting aside or quashing the conviction, return the licence to the person.(21) Notwithstanding any other provision of this section, where a judge or court, as the case may be, finds a person guilty of an offence under the Criminal Code mentioned in this section, and considers it desirable for the protection of persons using the public highways, the judge or court may make an order extending the period for which such person’s licence is cancelled and his right to secure a licence suspended or, in the event that such person has no licence, the judge or court may make an order extending the period for which such person’s right to secure a licence is suspended:

(a) for any period in addition to the period specified in this section that the judge or court considers proper, if the person is liable to imprisonment for life in respect of the offence; or(b) for any period in addition to the period specified in this section that the judge or court considers proper but not exceeding three years, if the person is not liable to imprisonment for life in respect of the offence.

(22) An appeal may be taken from an order extending the period of disqualification pursuant to subsection (21), and the provisions of the Criminal Code with respect to an appeal from sentence shall apply mutatis mutandis.

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(23) Where an appeal is taken under subsection (22), the appeal court shall consider the fitness of the sentence appealed against and may, upon such evidence, if any, as it considers fit to require or receive, by order:

(a) dismiss the appeal;(b) vary the extended period of disqualification within the limits prescribed by subsection (21) ; or(c) set aside the extended period of disqualification;

but the appeal court shall have no authority to decrease the mandatory periods of disqualification provided for by this section.

1970, c.79, s.10; 1971, c.50, s.8; 1972, c.144, s.16; 1976-77, c.100, s.4; R.S.S. 1978, c.V-3, s.86.

Interviews87(1) In this section, “interviewing officer” means a person appointed under clause (b) of subsection (1) of section 24.(2) The Lieutenant Governor in Council may by regulation prescribe the criteria under which a holder of a licence may be required to appear for an interview under this section.(3) The director may by notice sent by ordinary mail to the holder of a licence require the holder to appear for a hearing before an interviewing officer at the time and place stated in the notice.(4) The notice mailed under subsection (3) shall be deemed to have been received ten clear days after the date of mailing thereof, and the time stated for the hearing shall be at least ten days after the date the notice is deemed to have been received.(5) Where the person to whom a notice has been sent pursuant to subsection (3):

(a) fails to appear for the hearing on the date and at the time and place mentioned in the notice, the interviewing officer shall report to the director that the person failed to appear; or(b) appears before the interviewing officer, the interviewing officer shall hold a hearing, and he shall report his findings to the director and make such recommendations as he deems advisable and justified.

(6) Where the director has received the report of an interviewing officer pursuant to subsection (5), the director may by order, after considering the report:

(a) suspend, revoke or restrict the use of the licence of the holder on such terms and conditions, if any, as may be set out in the order;(b) make the retention of the licence by the holder conditional upon the holder’s compliance with such conditions or requirements as the director sees fit to set out in the order; or(c) cancel any suspension or restriction of the licence of the holder.

(7) In a case where a licence is suspended, revoked or restricted under clause (a) of subsection (6), a copy of an order made under that subsection shall be sent to the person affected thereby, by ordinary mail and the effective date of the order shall be ten clear days after the date of mailing thereof; and the order shall be deemed to have been received ten clear days after the day it is mailed.

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(8) Where a person whose licence is suspended, revoked or restricted by an order pursuant to subsection (6) fails to surrender his licence to the director when requested to so by the director, he is guilty of an offence unless he proves to the satisfaction of the court that he did not receive the order sent to him pursuant to subsection (7).(9) Where, pursuant to section 88, a person appeals against an order made under clause (a) of subsection (6), the licence of that person shall remain suspended, revoked or restricted, as the case may be, until the appeal is disposed of.(10) The director may make rules governing the procedure for conducting hearings under this section, but the director or an interviewing officer may act in the absence of any such rules.

1969, c.72, s.9; 1976-77, c.100, s.5; R.S.S. 1978, c.V-3, s.87.

Appeal of certain orders to board88(1) Any person affected by an order made pursuant to clause (a) of subsection (6) of section 87 may, within thirty days after the effective date of the order, appeal against the order by filing in the office of the board, a notice of appeal setting out the grounds of the appeal.(2) Upon receipt of a notice of appeal, the board shall within ten clear days thereof fix a date for the hearing of the appeal.(3) The board, after having held the hearing, may:

(a) dismiss the appeal;(b) remove or alter any restrictions imposed by the order; or(c) in the case of a suspension:

(i) restore the licence; or(ii) alter the period of suspension imposed by the order; and may place any restrictions on the licence that are considered appropriate by the board.

(4) The board, after having held the hearing, may, in the case of a revocation, issue a new licence subject to any restrictions the board considers appropriate.(5) A decision of the board is final and there shall be no appeal from an order or decision of the board under this section and the board shall have full power to determine any question of fact necessary to its jurisdiction, and its proceedings, orders and decisions shall not be reviewable by any court of law or by any certiorari, mandamus, prohibition, injunction or other proceeding whatever.

1969, c.72, s.9; 1976-77, c.100, s.6; R.S.S. 1978, c.V-3, s.88.

Prohibitions re issuance of licence in certain cases89(1) Every unrescinded order of the board made on or after the twenty-sixth day of August, 1968, and before the fifteenth day of March, 1969, suspending or revoking the licence of a person because of his having been convicted of an offence under section 222 or section 223 of the Criminal Code, for any period, is hereby confirmed and that person shall not apply for a licence and shall not be issued a licence until after the expiration of that period.(2) Where a person has been convicted of an offence:

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(a) under section 222 of the Criminal Code; or(b) under section 223 of the Criminal Code;

after the twenty-sixth day of August, 1968, and prior to the fifteenth day of March, 1969, and the board has not made an order suspending or revoking the licence of that person with respect to the conviction, his licence is hereby revoked and that person shall not apply for a licence:

(c) in the case to which clause (a) applies, for a period of one year after the date of the conviction; or(d) in the case to which clause (b) applies, for a period of six months after the date of the conviction.

(3) Where an appeal has been taken or is hereafter taken from a conviction mentioned in subsection (1) or (2), the suspension or revocation shall not take effect until the appeal is disposed of or unless the conviction is confirmed or the appeal is withdrawn.(4) A person whose licence is suspended or revoked pursuant to this section and who, when requested to do so by the board, fails to surrender his licence to it, is guilty of an offence.

1969, c.72, s.9; R.S.S. 1978, c.V-3, s.89.

Reinstatement of licence after appeal, etc.90 Where a licence has been suspended, revoked or restricted pursuant to section 86, 87 or 88 and:

(a) the conviction of the holder of the licence has been quashed; or(b) the director’s order under subsection (6) of section 87 has been altered by the board on appeal; as the case may be, the director shall, upon delivery to him of satisfactory evidence of the quashing of the conviction, or the altering of his order, as the case may be, authorize the issuance or restoration of a licence to the person as the case may require.

1969, c.72, s.9; R.S.S. 1978, c.V-3, s.90.

Grant of certificates and licences91 All certificates of registration and licences under this Act shall be granted by the board.

R.S.S. 1965, c.377, s.90; R.S.S. 1978, c.V-3, s.91.

Duration of registrations, certificates and licences92(1) Subject to subsections (3), (4) and (5) , every registration, certificate or licence made or issued under this Act or the regulations shall expire at midnight on the thirtieth day of April of the licence year for which it was made or issued or on the expiry date shown thereon.(2) For the purposes of subsection (1), “licence year” means the period of twelve months commencing on the first day of May in any year and ending at midnight on the thirtieth day of April in the next succeeding year.

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(3) A special registration of a farm truck pursuant to the regulations and the certificate showing such registration shall be valid only from the time of registration or the first day of August, whichever is the later, until midnight on the thirtieth day of November in the year in which the truck was registered, at which time they shall expire.(4) The registration and certificate of registration of a vehicle shall expire on the expiration of thirty days after the date of the death of the holder of the certificate.(5) Except for the purposes of subsection (2) of section 51, the registration and certificate of registration of a vehicle shall expire upon the sale, exchange or other disposal of the vehicle by the owner.

R.S.S. 1965, c.377, s.9; 1972, c.144, s.17; R.S.S. 1978, c.V-3, s.92.

Granting of international driving permits by board93(1) International driving permits provided for in the Convention on Road Traffic of the United Nations Conference on Road and Motor Transport may be granted by the board.(2) Notwithstanding anything in this Act, the board may delegate all or part of its authority under subsection (1), to a person, organization or association.

1967, c.82, s.22; R.S.S. 1978, c.V-3, s.93.

Power to refuse to issue certificates, etc., in certain cases94(1) Notwithstanding anything in this Act, if a driver of a vehicle who is convicted of a violation of any of the provisions of this Act or section 233, 234, 235, 236, 238 or 295 of the Criminal Code or of a violation of a bylaw of a city, town, village or rural municipality respecting the speed of vehicles is not the holder of a certificate of registration, licence or permit, the board may refuse to issue to the offender a certificate of registration, licence or permit either in the same year or in any subsequent year.(2) The power of the board, under subsection (1), to refuse to issue a licence may be exercised without prior notice to the offender and without holding a hearing, for a period not exceeding ninety days.

R.S.S. 1965, c.377, s.92; 1972, c.144, s.18; R.S.S. 1978, c.V-3, s.94.

General power to refuse to issue licences95 Notwithstanding anything in this Act, where a person is not the holder of an operator’s, chauffeur’s or learner’s licence, the board may, without prior notice and without holding a hearing, refuse to issue to him any such licence, under the same circumstances and in the same manner as it may suspend or revoke a licence issued under this Act.

R.S.S. 1965, c.377, s.93; 1972, c.144, s.19; R.S.S. 1978, c.V-3, s.95.

Suspension or revocation by board for misconduct, lack of skill, etc.96(1) Subject to subsection (2), the board may suspend for a stated period or cancel any registration under this Act and may suspend for a stated period or revoke any certificate of registration, licence or permit issued under this Act:

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(a) when the holder of the certificate of registration, licence or permit has heretofore been or is hereafter convicted of an infraction of any of the provisions of:

(i) this Act or the regulations;(ii) The Highways Act or the regulations made thereunder;(iii) The Fuel Petroleums Products Act or the regulations made thereunder;(iv) The Education and Hospitalization Tax Act or The Education and Health Tax Act or the regulations made under those Acts;(v) The Liquor Act or the regulations made thereunder;(vi) the Criminal Code; or

(b) when a Saskatchewan resident has been convicted in any province of Canada or in any state of:

(i) reckless, dangerous or drunken driving; or(ii) driving a motor vehicle without due care and attention;

or(iii) driving a motor vehicle while his ability to drive was impaired by alcohol; or(iv) driving a motor vehicle while he was under the influence of intoxicating liquor or any narcotic;

(c) where it is found that a motor vehicle or trailer is used for a purpose other than that for which vehicles of the class specified in the certificate of registration may lawfully be used;(d) where it is found that a statement, false in any material particular, has been made in the application for a certificate of registration, licence or permit or in any information, report or document required by or for the purposes of this Act to be furnished by the holder of a certificate, licence or permit;(e) where suspension or revocation of a certificate of registration, licence or permit is recommended by a judge or jury, provincial magistrate, justice of the peace, superintendent of police or a chief constable or acting chief constable or an officer of The Saskatchewan Government Insurance Office.

(2) Where an appeal is taken from a conviction mentioned in clause (a) of subsection (1), the board shall not suspend, cancel or revoke the registration, certificate, licence or permit until the appeal is disposed of and unless the appeal is dismissed.(3) Where the holder of a licence issued under this Act is involved in a fatal accident while in charge of a motor vehicle on a public highway, the board may suspend his licence pending issue of a coroner’s report or judicial disposal of the case.(4) If after a hearing, reasonable notice of which has been given to the holder of a driver’s licence, the board is satisfied that:

(a) the holder is afflicted with or suffering from a physical or mental disability or disease that might prevent him from exercising reasonable and ordinary control over a motor vehicle;(b) the holder is not well-skilled in the operation of a motor vehicle;

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(c) the holder’s habits or conduct are such as to make his operation of a motor vehicle dangerous to public safety; or(d) when suspected of driving, or of having driven, a motor vehicle while under the influence of intoxicating liquor, the holder refused to comply with the request of a police officer or police constable that he submit to the taking of a specimen of his breath the board may suspend the licence for a stated period, change the class of the licence or revoke it.

(5) For the purposes of clause (d) of subsection (4) a person shall be deemed to have refused to submit to the taking of a specimen of his breath if he fails to provide one or more specimens of his breath in sufficient quantity to enable a test of each specimen thereof to be carried out by means of a device of a type approved for the purpose of such a test by the Attorney General pursuant to this section.(6) If a registration, certificate of registration, licence or permit is suspended the board may refuse to reinstate the registration, certificate of registration, licence or permit, and if a registration is cancelled or a certificate of registration, licence or permit is revoked the board may refuse to issue to the offender another certificate, licence or permit either in the same or in any subsequent year. The board’s power of refusal under this subsection may be exercised without prior notice and without holding a hearing, for a period not exceeding ninety days.(7) A certificate from an officer of The Saskatchewan Government Insurance Office that a person has made default in the payment of an insurance premium under The Automobile Accident Insurance Act shall be received by the board as conclusive evidence of the facts therein certified to and it shall not be necessary to prove the corporate seal affixed thereto or the office or signature of the person purporting to sign the certificate and upon receipt of such certificate the board shall forthwith suspend the certificate of registration of the motor vehicle or the operator’s licence, chauffeur’s licence or other permit to drive in respect of which default is made and the suspension shall remain in effect until the board receives written notice from an officer of The Saskatchewan Government Insurance Office that the holder of the suspended certificate, licence or permit is no longer in default.

R.S.S. 1965, c.377, s.94; 1968, c.83, s.19; 1976-77, c.100, s.7; R.S.S. 1978, c.V-3, s.96

Suspension by board of certain licences and certificates97 The board shall suspend the licence and the certificate of registration issued to a person to whom subsection (5) or (6) of section 54 of The Automobile Accident Insurance Act applies.

R.S.S. 1965, c.377, s.95; R.S.S. 1978, c.V-3, s.97.

Suspension or revocation by board of certain certificates, etc.98 Where a registration, certificate of registration, licence or permit has been or is made or granted to a person engaged in transporting goods interprovincially or internationally, for the fee provided in that behalf in the schedule of fees prescribed under section 200, the board may suspend for a stated period, or for a period the registration, certificate of registration; licence or permit if, in its opinion, it should not have been so made or granted, and the board’s decision shall be final.

R.S.S. 1965, c.377, s.96; R.S.S. 1978, c.V-3, s.98.

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Suspension and revocation by board of public service vehicle certificates99(1) The board may for cause suspend a public service vehicle certificate and, after at least ten days’ notice to the holder of the certificate granting him an opportunity to be heard, revoke, alter or amend the certificate.(2) If, in the opinion of the board, the holder of a public service vehicle certificate has not given convenient, efficient and sufficient service, the board shall allow him a reasonable time, not less than ten days, to provide such service before revoking his certificate or granting a certificate to any other owner for the operation of a vehicle over the same route.(3) Where an insurance policy or bond referred to in clause (a) of subsection (1) of section 34 or in subsection (3) of section 34 has been filed with or accepted by the board and has been heretofore or is hereafter cancelled or suspended and another policy or bond has not been filed with or accepted by the board in place of the one cancelled or suspended, the board may revoke the -certificate of registration of any vehicle in respect of which the cancelled or suspended policy or bond was filed or accepted and may cause possession to be taken of the certificate of registration and number plates issued upon registration of the vehicle.(4) Where the board is satisfied that the holder of a certificate of registration is indebted to Her Majesty in the right of Saskatchewan for any arrears of taxes payable under any of the Acts referred to in subsection (3) of section 38, the board may suspend or revoke the certificate of registration and may by notice require the holder to surrender to the board the certificate and the number plates issued upon registration of the vehicle; and if the certificate of registration is suspended the board may refuse to reinstate the certificate or if the certificate of registration is revoked it may refuse to issue another certificate to the debtor in the same or any subsequent year.(5) A holder mentioned in subsection (4) who fails to comply with a notice under that subsection is guilty of an offence.

R.S.S. 1965, c.377, s.97; 1968, c.83, s.20; R.S.S. 1978, c.V-3, s.99.

Suspension or revocation by board where vehicle mechanically unfit, etc.100 The board may suspend or revoke a certificate of registration, if, in its opinion, the vehicle for which the certificate was issued is mechanically unfit or unsafe for transportation.

R.S.S. 1965, c.377, s.98, R.S.S. 1978, c.V-3, s.100.

Revocation of certificate, etc., issued in error101 The board may revoke any certificate of registration licence or permit that has been issued in error.

R.S.S. 1965, c.377, s.99; R.S.S. 1978, c.V-3, s.101.

Revocation of certificate, etc., upon dishonour of cheque102 Where the board has received a cheque in payment of the fee payable in respect of a certificate of registration, licence or permit issued by the board and the cheque is dishonoured, the authority granted by the certificate, licence or permit shall, upon notice being mailed by the board to the registered owner or the licensee or permittee, as the case may be, cease and terminate and the certificate, licence or permit shall be deemed to be revoked.

R.S.S. 1965, c.377, s.100; 1967, c.82, s.23; R.S.S. 1978, c.V-3, s.102.

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Notice of suspension or revocation by board103 Notice of suspension or revocation by the board of a certificate, licence or permit shall be delivered to the holder or forwarded to him by registered letter at his address as shown in the records of the board.

R.S.S. 1965, c.377, s.101; 1967, c.82, s.24; R.S.S. 1978, c.V-3, s.103.

Certificate of suspension, etc., prima facie evidence104 The certificate of the chairman of the board that a certificate, licence or permit has been suspended or revoked and that notice of the suspension or revocation has been given pursuant to section 103 shall be received in any prosecution before a judge, provincial magistrate or justice of the peace as prima facie evidence of the suspension or revocation of the certificate, licence or permit and of the giving of the notice and of the authority of the chairman without proof of his appointment or signature.

R.S.S. 1965, c.377, s.102; R.S.S. 1978, c.V-3, s.104.

Power of Lieutenant Governor to reinstate certificate, licence or permit, etc.105 Notwithstanding anything in this Act, where a registration, certificate of registration, licence or permit has been suspended, cancelled or revoked by or under this Act, the Lieutenant Governor in Council may, upon application, having regard to all the facts, relieve any person from furnishing proof of financial responsibility, cancel the suspension or reinstate the registration, certificate, licence or permit upon such terms, conditions or restrictions as the Lieutenant Governor in Council sees fit or confirm the suspension, cancellation or revocation.

R.S.S. 1965, c.377, s.103; 1967, c.82, s.25; R.S.S. 1978, c.V-3, s.105.

Return of suspended or revoked certificate, licence, etc., to board106(1) When a certificate, licence or permit is suspended or revoked the board may, in its discretion, require the holder to return any certificate, licence, permit or number plate or plates issued to him, in which event he shall forthwith do so.(2) Where a person is convicted of failure to return to the board any certificate, licence, permit or number plate or plates, when required to do so, the convicting magistrate or justice of the peace shall order him to return the certificate, licence, permit or number plate or plates within a specified time.

R.S.S. 1965, c.377, s.104; R.S.S. 1978, c.V-3, s.106.

Suspension of driver’s licence of driver who has consumed alcohol107(1) In this section:

(a) “driver” includes a person who has the care or control of a motor vehicle whether it is in motion or not;(b) “driver’s licence” means a subsisting operator’s licence,(c) “peace officer” means:

(i) a member of a police force in the province;(ii) a traffic officer; and

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(iii) any person appointed under The Police Act as a special constable or peace officer for the enforcement of this Act.

(2) The driver’s licence of a person whose venous blood contains not less than six parts of alcohol to ten thousand parts of blood is subject to suspension under this section.(3) A peace officer may, at any time and at any place, request a driver of a motor vehicle to surrender his driver’s licence to him if the peace officer has reason to suspect that the driver may have consumed alcohol in an amount that would make his driver’s licence liable to suspension.(4) Subject to subsection (5), where a peace officer makes a request pursuant to this section for the surrender of a driver’s licence the driver’s licence is thereupon and hereby suspended for a period of twenty-four hours from the time of the request, whether or not:

(a) the driver surrenders the licence;(b) the driver refuses to surrender the licence; or(c) the driver is, or states that he is, for any reason unable to surrender the licence.

(5) Where a driver whose licence is suspended pursuant to this section:(a) forthwith voluntarily requests to undergo and does forthwith undergo a test of a kind authorized to be given for the purpose by the Attorney General that in the opinion of the peace officer indicates that the venous blood of the driver contains less than six parts of alcohol to ten thousand parts of blood; or(b) after the suspension but before it has expired, obtains and produces to the peace officer a certificate from a duly qualified medical practitioner stating that the venous blood of the driver contains less than six parts of alcohol to ten thousand parts of blood;

the suspension of the licence is thereupon and hereby terminated. (6) Notwithstanding anything in this section where:

(a) a peace officer makes a request pursuant to this section;and

(b) the peace officer is satisfied that the delay resulting from the driver undergoing a test of the kind mentioned in clause (a) of subsection (5) is likely to endanger the life of a person;

the suspension of the driver’s licence is thereupon and hereby terminated.(7) Unless sooner terminated under subsection (5) or subsection (6), the suspension of a driver’s licence by a peace officer pursuant to this section shall terminate upon the expiry of a period of twenty-four hours from the time of suspension.(8) Upon the termination of the suspension of a driver’s licence pursuant to subsection (7) the licence shall, if it was surrendered, be returned to the driver by ordinary mail at the address shown on the licence unless the driver calls for the licence in person.(9) Where under this section a peace officer suspends the licence of a driver the peace officer shall:

(a) keep a written record of every licence suspended by him;

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(b) provide the driver whose licence is suspended, but the suspension is not terminated pursuant to clause (a) of sub section (5) or subsection (6), with a written statement of the time from which the suspension takes effect; and(c) where the driver surrenders his licence, give the driver a receipt therefor.

1968, c.83, s.21; 1969, c.72, s.11; 1972, c.144, s.20; 1974-75, c.59, s.3; R.S.S. 1978, c.V-3, s.107.

PART III

Accommodation and EquipmentRights of public to carriage

108(1) No driver or operator of a vehicle used for passenger carriage transportation on a specified route shall refuse to carry any person offering himself at a regular stopping place for carriage and who tenders the regular fare to a regular stopping place on the route of the vehicle or between the termini thereof, unless at the time of the offer the seats of the vehicle are fully occupied, but the driver or operator may refuse transportation to any person who is in an intoxicated condition or is conducting himself in a boisterous or disorderly manner or using profane or obscene language.(2) No driver or operator of a public service vehicle shall refuse to carry the commodities stated in the certificate of registration of the vehicle, if they are offered in proper condition, unless at the time of the offer the vehicle is loaded to capacity or owing to climatic conditions the property is liable to perish in transit.(3) The board may declare that the prohibition contained in subsection (2) shall not apply with respect to any specified public service vehicle used for the purpose of collecting cream, milk or other dairy products.

R.S.S. 1965, c.377, s.105; R.S.S. 1978, c.V-3, s.108.

Exits109 Every vehicle used for conveying passengers shall have at least two exits.

R.S.S. 1965, c.377, s.106; R.S.S. 1978, c.V-3, s.109.

Prohibitions affecting all motor vehicles110(1) No person shall ride and no driver shall permit any person to ride upon any exterior part of a motor vehicle except in a space designed for the accommodation of passengers or in the box attachment or on the platform attachment.(2) No person shall sit on the front seat to the left of the driver of a left-hand drive vehicle, or to the right of the driver of a right-hand drive vehicle, and the driver shall not allow any person to do so.

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(3) No driver of a motor vehicle shall allow the compartment containing the steering wheel to be overcrowded while the vehicle is in operation on a public highway.(4) Subject to subsection (5), not more than two persons shall ride on a motor cycle and no person shall ride on a motor cycle in front of the driver.(5) No driver of a motor cycle shall carry a passenger thereon unless;

(a) the saddle is designed for two persons; or(b) a pillion seat and handgrips are provided and the passenger is capable of reaching and using a separate set of standard footrests.

R.S.S. 1965, c.377, s.107; 1967, c.82, s.26; R.S.S. 1978, c.V-3, s.110.

No passengers on certain trucks, etc.111(1) With the exception of the holder of the certificate of registration thereof or his bona fide employee, no person shall be carried on a truck, power unit, trailer or semi-trailer operated as a public service vehicle, unless with the authority of the board.(2) Every holder of a public service vehicle certificate and every driver who permits a person to be carried on a vehicle in contravention of subsection (1) and every person so carried is guilty of an offence.

R.S.S. 1965, c.377, s.108; R.S.S. 1978, c.V-3, s.111.

Restriction on luggage112 No public service vehicle used for the transportation of passengers shall carry or transport any luggage, baggage, package, trunk, crate or other load that extends beyond the body of the vehicle.

R.S.S. 1965, c.377, s.109; 1967, c.82, s.27; R.S.S. 1978, c.V-3, s.112.

Trailers113 Except where specially authorized by the board, no public service vehicle used for the transportation of passengers shall be operated or driven with a trailer attached thereto.

R.S.S. 1965, c.377, s.110; R.S.S. 1978, c.V-3, s.113.

Regulations114 The board may make regulations or orders prohibiting the operation of particular combinations of vehicles unfit or unsafe for transportation.

1976-77, c.100, s.8; R.S.S. 1978, c.V-3, s.114.

Public service vehicles to be properly maintained115 Every public service vehicle shall be maintained in a safe and sanitary condition and shall be at all times subject to the inspection of the board or its duly authorized representatives or of a police officer or police constable.

R.S.S. 1965, c.377, s.111; R.S.S. 1978, c.V-3, s.115.

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Fire extinguisher on public service vehicles116 Every commercial vehicle transporting any fuel petroleum product and every public service vehicle, except a trailer, shall be equipped with a fire extinguisher of a design or type approved by Underwriter’s Laboratories, and the extinguisher shall at all times be kept in satisfactory operative condition.

R.S.S. 1965, c.377, s.112; R.S.S. 1978, c.V-3, s.116.

Brakes117(1) Every motor vehicle, other than a motor cycle, snowmobile or pedal bicycle with motor attachment, when driven upon a public highway shall be equipped with brakes adequate to stop and to hold the vehicle and having two separate means of application each of which means shall be effective to apply a brake or brakes to at least two wheels on opposite ends of the same axle, and if two separate means of application are connected in any way they shall be so constructed that failure of any one part of the operating mechanism will not leave the vehicle without brakes effective on at least two wheels on opposite ends of the same axle.(2) Every motor cycle and pedal bicycle with motor attachment shall be equipped with at least one brake.(3) In the case of a motor vehicle having a trailer or semi-trailer in tow, where the combined weight of the vehicle and its load exceeds 3,000 pounds the trailer or semi-trailer shall be equipped with brakes capable of being operated by the driver of the towing vehicle when he is seated in the driver’s seat.(4) One of the means of application of the brakes shall consist of a mechanical connection from the operating lever to the brake shoes or bands, and:

(a) the brakes applied by those means; or(b) in the case of a motor vehicle having a trailer or semi-trailer in tow, the brakes so applied, either alone or in combination with the brakes of the trailer or semi-trailer;

shall be capable of holding the vehicle or combination of vehicles stationary, under any condition of loading, on any slope upon which it is operated.(5) All brakes shall be maintained in good working order and the brakes mentioned in subsections (1) and (3) shall be adjusted so as to operate equally or as nearly so as practicable on the wheels on opposite ends of the same axle.(6) The brakes required by this section shall be capable, at all times and under all conditions of loading, of stopping the vehicle or vehicles on a dry, smooth, level road, free from loose material, upon application of the foot brake, within the distances specified below:

Feet to stop from 30 kilometres

(18.64 miles)per hour

Passenger vehicles other than buses ...................................................... 25Single-unit vehicles (including buses but not including other passenger vehicles) and combinations of vehicles, having a gross weight of less than 10,000 pounds........................................................... 30

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Single-unit two-axle vehicles (including buses but not including other passenger vehicles) having a gross weight of 10,000 pounds or more.. 40All other vehicles and all combinations of vehicles having a gross weight of 10,000 pounds or more............................................................. 50(7) No person shall drive a motor vehicle, other than a motor cycle, upon a public highway if the foot brake pedal of the vehicle can be depressed to a point at which the lower surface of the pedal is less than one inch from the surface of the floor.(8) A traffic officer, police officer or police constable may, for the purpose of testing the brakes of a motor vehicle, use a brake-testing instrument approved by the board, and the testimony of a traffic officer, police officer or police constable that a test of the brakes of a motor vehicle, by means of such instrument, showed that the brakes were not capable of stopping the vehicle within the distance applicable to the vehicle as specified in subsection (6) shall be received in any prosecution before a judge, provincial magistrate or justice of the peace as prima facie evidence that the brakes were not capable of stopping the vehicle within that distance.

R.S.S. 1965, c.377, s.113; 1967, c.82, s.281976-77, c.100, s.9; R.S.S. 1978, c.V-3, s.117.

Special requirements respecting brakes of certain power units and semi-trailers

118(1) Without limiting the requirements of section 117, where, in the case of a power unit having a semi-trailer in tow, the combined weight of the semi-trailer and its load exceeds 3,000 pounds, the brakes and the means of application thereof shall be so designed, constructed and maintained that in the event of the semi-trailer accidently becoming separated from the power unit:

(a) the brakes of the semi-trailer will immediately be applied automatically and(b) it will be possible for the driver to stop the power unit within the distance applicable thereto as specified in subsection (6) of section 117.

(2) Without limiting the requirements of section 117, where, in the case of a power unit having a semi-trailer in tow, the combined weight of the semi-trailer and its load exceeds 3,000 pounds, the braking system of the power unit and semi-trailer shall include a control device or devices so designed, constructed and maintained that, in the event of failure of the mechanism by which the brakes are controlled by the driver, the brakes of the semi-trailer will be applied automatically and that the brakes of the power unit will not be applied automatically without application at the same time of the brakes of the semi-trailer, but not so as to permit automatic application of the brakes on the front axle of the power unit nor so as to interfere with the automatic brake application required by clause (a) of subsection (1).(3) This section applies with respect to power units and semi-trailers manufactured or assembled on or after the first day of July, 1957, and shall on and from a day to be fixed by proclamation of the Lieutenant Governor apply with respect to power units and semi-trailers manufactured or assembled before the first day of July, 1957.

R.S.S. 1965, c.377, s.114; R.S.S. 1978, c.V-3, s.118.

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Hydraulic-brake fluid119(1) For the purpose of this section “hydraulic-brake fluid” means liquid by means of which force is transmitted to the brakes in the hydraulic-brake system of a vehicle.(2) No person shall sell, distribute or offer or keep for sale any hydraulic-brake fluid, or service a vehicle with any hydraulic-brake fluid, that does not conform to the standards and specifications prescribed by the board.

R.S.S. 1965, c.377, s.115; R.S.S. 1978, c.V-3, s.119.

Horns and sirens120(1) Every motor vehicle except a snowmobile shall, while driven on a public highway, be equipped with a suitable horn or other device capable of emitting sound audible under normal conditions at a distance of not less than 200 feet, and the horn or device shall be sounded only when it is reasonably necessary to notify pedestrians or others of the approach of the vehicle.(2) No motor vehicle other than a police or fire department vehicle used for official business or an ambulance used for emergencies shall be equipped with a siren or a device producing a sound that resembles the sound produced by a siren.

R.S.S. 1965, c.377, s.116; 1967, c.82, s.29; R.S.S. 1978, c.V-3, s.120.

Muffler 121(1) Every motor vehicle using gasoline or other fluid of a similar nature as a motive power shall be equipped with:

(a) an exhaust-pipe, which shall be connected to the motor and so constructed and maintained that fumes cannot escape therefrom except at the end thereof farthest from the motor and that fumes expelled through the exhaust-pipe cannot enter any part of the vehicle; and(b) a muffler, which shall be so constructed and maintained that fumes cannot escape therefrom except through the exhaust-pipe and that it will prevent excessive or unusual noise.

(2) No part of the fuel system of the motor vehicle and no tank or other container containing gasoline or any other fuel petroleum product, or liquid that is inflammable, shall be nearer than six inches to the point of discharge from the muffler or the exhaust-pipe connected thereto.

R.S.S. 1965, c.377, s.117; R.S.S. 1978, c.V-3, s.121.

Prohibition respecting use of muffler cut-outs, etc.122 No person in control of a motor vehicle, other than a truck, on a public highway, whether the vehicle is being driven or not, shall by means of a muffler cut-out or muffler by-pass or a similar device cause the muffler of the vehicle to be cut out or by-passed.

R.S.S. 1965, c.377, s.18; R.S.S. 1978, c.V-3, s.122.

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Lamps123(1) Every motor vehicle, other than a pedal bicycle with motor attachment, shall while in operation on a public highway, during night and at all times when fog or other atmospheric conditions render the operation of a motor vehicle dangerous to the traffic on or use of the highway:

(a) subject to subsection (3), carry on the front, with the same number at each side, at least two lighted lamps displaying a white light and equipped with non-glare devices, the lights or beams of light being visible under normal atmospheric conditions at a distance of 500 feet in the direction towards which the motor vehicle is proceeding, and being sufficient to enable the operator to see any person, vehicle or substantial object upon the highway for a distance of 300 feet, and upon either side thereof for a distance of 10 feet, but not such as to interfere with the convenient or safe use of the highway;(b) carry on the rear at least one lighted, red lamp the light from which shall be visible under normal atmospheric conditions at a distance of 200 feet from the rear of the vehicle.

(2) Subject to subsection (5), the lamp required by clause (b) of subsection (1) or one of the lamps, if more than one, shall be so arranged that a white light is cast on the number plate, sufficient to cause the number thereon to be easily legible, or the vehicle shall carry at the rear a lighted lamp showing a white light and so arranged that the number on the number plate is easily legible.(3) In the case of a motor cycle and snowmobile, one lamp on the front shall be sufficient compliance with the provision of clause (a) of subsection (1) as to number of lamps.(4) Subject to subsection (5), every pedal bicycle with or without motor attachment shall, when on a public highway during night:

(a) carry on the front a lighted lamp displaying a white light visible under normal atmospheric conditions at a distance of 200 feet in the direction towards which the vehicle is proceeding;(b) carry on the rear a lighted red lamp the light from which shall be visible under normal atmospheric conditions at a distance of 200 feet from the rear of the vehicle, or a red reflecting device so placed as to be illuminated by the lights of an approaching motor vehicle and so constructed as to be visible when illuminated at a distance of 200 feet from the rear of the motor cycle or bicycle.

(5) Subsection (2) does not apply with respect to trucks and subsection (4) does not apply to bicycles while in use by police officers or constables on duty.(6) A person who operates a pedal bicycle with or without motor attachment on a public highway during night not equipped in all respects in accordance with subsection (4) is guilty of an offence and liable on summary conviction to a fine of not less than $1 nor more than $25.

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(7) Every motor vehicle, trailer and semi-trailer, and every self propelled machine and self-propelled agricultural implement, having a width, including the load thereon, in excess of eighty inches at any part, shall during night and at all times when necessary owing to fog or other atmospheric conditions, carry four lighted clearance lamps in a conspicuous position as near the top as practicable, one on each side of the front, which shall cast an amber light only, and one on each side of the rear, which shall cast a red light only. The lights so used shall be visible under normal atmospheric conditions at a distance of 200 feet but where by reason of the mechanical construction of the motor vehicle it is impossible or impracticable to carry lighted clearance lamps on the front of the vehicle as required by this subsection, there may be substituted in their place and stead, at the top of the compartment containing the driver’s seat, three lighted lamps exhibiting to the front an amber light visible under normal atmospheric conditions at a distance of 200 feet but where by reason of the mechanical construction of the motor vehicle it is impossible or impracticable to carry lighted clearance lamps on the rear of the vehicle as required by this subsection, there may be substituted in their place and stead two reflecting devices exhibiting to the rear a red light visible under normal atmospheric conditions at a distance of 200 feet from the rear of the vehicle.(8) Every trailer and semi-trailer shall, while in operation on a public highway during night and at all times when neccessary owing to fog or other atmospheric conditions, carry on the rear a lighted red lamp the light from which shall be visible under normal atmospheric conditions at a distance of 200 feet from the rear of the vehicle, or in the case of a trailer, a red reflecting device so placed as to be illuminated by the light of an approaching motor vehicle and so constructed as to be visible, when illuminated, at a distance of 200 feet from the rear of the trailer.(9) Every vehicle carrying a load that overhangs the rear or side of the vehicle or having a rack or other attachment that so over hangs shall, in addition to the lamp mentioned in clause (b) of subsection (1), or in addition to the light or reflecting device mentioned in subsection (10), as the case may be, display a red light upon the overhanging load or attachment at the extreme rear or sides thereof, or both, as the case may require, at all times during night, and at all times when fog or other atmospheric conditions render the operation of the vehicle dangerous to the traffic on or use of the highway, and at all other times a red flag sufficient to indicate the projection of the load or attachment and no person shall drive such vehicle, and no owner shall cause or allow such vehicle to be driven, on a public highway unless such red light or flag, as the case may require, is so displayed.(10) Every vehicle other than a motor vehicle shall while in operation on a public highway designated as a provincial highway under The Highways Act or on a grid road designated as such under The Municipal Road Assistance Authority Act, during night and at all times when necessary owing to fog or other atmospheric conditions, carry on the rear a lighted red lamp the light from which shall be visible under normal atmospheric conditions at a distance of 200 feet from the rear of the vehicle, or a red reflecting device so placed as to be illuminated by the lights of an approaching motor vehicle and so constructed as to be visible, when illuminated, at a distance of 200 feet from the rear of the vehicle.(11) Every vehicle other than a motor vehicle, trailer, semi-trailer or tractor shall while in operation on a public highway designated as a provincial highway under The Highways Act, during night and at all times when necessary owing to fog or other atmospheric conditions, carry on the front:

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(a) a lamp or lantern displaying a white light, visible under normal atmospheric conditions at a distance of 200 feet and so placed as to ensure safety of the vehicle and load, if any; or(b) a white reflecting devise so placed as to be illuminated by the lights of an approaching motor vehicle and to ensure safety of the vehicle and load, if any:

but, in the case of a horse-drawn vehicle, this subsection is sufficiently complied with if a white reflecting devise is fixed on the front of the bridle or bridles of the horse or horses.(12) All stationary vehicles, machinery and other obstructions wholly or partly on the travelled portion or shoulder of a public highway shall, during night and at all times when necessary owing to fog or other atmospheric conditions, be illuminated in such a manner as to give users of the public highway due warning of the obstruction.(13) Every public service vehicle and commercial vehicle shall while in operation on a public highway outside a city or town during night carry in a metal rack or box:

(a) at least two flares visible, when burning during night, under normal atmospheric conditions at a distance of 500 feet, capable of burning for at least twelve hours in wind of a velocity of eight kilometres (4.97 miles) per hour and of burning in wind of any velocity up to sixty kilometres 37.28 miles per hour and substantially constructed so as to withstand reasonable shock without leaking;(b) at least two red electric lanterns visible, when lighted during night, under normal atmospheric conditions at a distance of 500 feet, capable of operating continuously for at least twelve hours and substantially constructed so as to withstand reasonable shock without breaking; or(c) at least two reflectors approved by the board and visible, when illuminated by the lights of an approaching motor vehicle during night, under normal atmospheric conditions at a distance of 500 feet.

(14) Every public service vehicle and commercial vehicle shall, when it is required by subsection (12) to be illuminated, have its position marked by or be illuminated by means of two of the flares, lanterns or reflectors mentioned in subsection (13) placed on the highway in line with the vehicle, one at a distance of approximately 100 feet in front of the vehicle and one at a distance of approximately 100 feet behind the vehicle.(15) A person who is in charge of any vehicle, machinery or other obstruction, or who permits to remain wholly or partly on the travelled portion or shoulder of a public highway any vehicle, machinery or other obstruction, that is required by subsection (12) to be illuminated, and who fails to illuminate or mark the position of the vehicle, machinery or obstruction in accordance with subsection (12) or (14), as the case may require, is guilty of a violation of this Act.

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(16) A person who, while an obstruction remains on a public highway, removes or tampers with any flare, electric lantern, reflector or any other thing placed on the highway for the purpose of complying with subsection (12) or (14) in respect of the obstruction, is guilty of an offence and liable on summary conviction, in case of the first offence, to a fine of not less than $25 nor more than $100 and, in case of a subsequent offence, to a fine of not less than $50 nor more than $200, and in either case, in default of payment to imprisonment for a term not exceeding thirty days, or to both fine and imprisonment.(17) Every tractor shall, while in operation on a public highway during night and at all times when fog or other atmospheric conditions render the operation of a motor vehicle dangerous to the traffic on or use of the highway:

(a) carry on the front, one at each side, two lighted lamps of equal power, displaying a white light, each of not more than fifty watts and equipped with non-glare devices, the lights or beams of light being visible under normal atmospheric conditions at a distance of 500 feet in the direction towards which the motor vehicle is proceeding, and being sufficient to enable the operator to see any person, vehicle or substantial object upon the highway for a distance of 300 feet, and upon either side thereof for a distance of 10 feet, but not such as to interfere with the convenient or safe use of the highway;(b) carry on the rear at least one lighted red lamp the light from which shall be visible under normal atmospheric conditions at a distance of 200 feet from the rear of the vehicle.

(18) Every snow-plough shall, in addition to the lamps required by subsection (1), carry in a conspicuous position as near the top of the plough as practicable at least one lamp showing a flashing or oscillating blue light.(19) Road maintenance equipment shall, in addition to the lamps required by subsection (1) , carry such lamps and other warning devices as may be designated by the board.(20) Anything, other than a trailer or semi-trailer, being drawn along a public highway shall:

(a) during night and at all times when fog or other atmospheric conditions render it dangerous to the traffic on or use of the highway, carry at its extreme rear a red light visible under normal atmospheric conditions at a distance of 200 feet from the rear, or a red reflecting device so placed as to be illuminated by the lights of an approaching motor vehicle and so constructed as to be visible; when illuminated, at a distance of 200 feet from the rear;(b) if its width exceeds the width of the vehicle by which it is being drawn, during night and at all times when fog or other atmospheric conditions render it dangerous to the traffic on or use of the highway, carry at each extreme side a reflecting device exhibiting to the rear a red colour and a reflecting device exhibiting to the front a white colour, and so placed as to be illuminated by the lights of an approaching motor vehicle and so constructed as to be visible, when illuminated, at a distance of 200 feet;(c) at all other times carry at its extreme rear a red flag sufficient to indicate its presence.

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(21) A vehicle used for the transportation of school children that has exposed thereon a sign containing the words “School Bus” in letters not less than six inches in height shall, in addition to any other equipment required by this Act, be equipped with;

(a) four signal lamps at least five inches in diameter, two mounted on the front and two mounted on the rear as high and as widely spaced latterly as practicable, capable of displaying to the front two alternately-flashing red lights situated at the same level and to the rear two alternately-flashing red lights situated at the same level, and visible under normal atmospheric conditions at a distance of 500 feet; and(b) a visible or audible signal inside the vehicle capable of clearly indicating to the driver that the lamps mentioned in clause (a) are operating.

(22) The driver of a vehicle equipped with lamps as mentioned in clause (a) of subsection (21) shall not cause the lamps to operate except when the vehicle is stationary on a public highway for the purpose of taking on or discharging school children.(23) No person shall drive or operate on a pubic highway a motor vehicle equipped with a lamp casting to the front or sides of the vehicle a red light unless it is a vehicle to which subsection (21) applies and is equipped as mentioned in that subsection or the vehicle is being used:

(a) for the transportation of fire-fighting equipment or a member of a fire brigade;(b) for the transportation of a traffic officer, police officer or police constable on duty;(c) as an ambulance; or(d) for transporting dynamite, gunpowder or other explosive substances.

(24) No person shall drive or operate on a public highway a motor vehicle equipped with a lamp casting to the front, sides or rear of the vehicle a blue light unless the vehicle is being used as a snow-plough.

R.S.S. 1965, c.377, s.119; 1967, c.82, s.30; 1968, c.83, s.22; 1971, c.50, s.8; 1972, c.114, s.21; 1974-75, c.59, s.4; 1976-77, c.100, s.10; R.S.S. 1978, c.V-3, s.123.

Spot lamps124 A motor vehicle, other than a motor cycle or pedal bicycle with motor attachment, shall not be equipped with more than one spot lamp in addition to any other lamps with which the vehicle is lawfully equipped.

R.S.S. 1965, c.377, s.120; R.S.S. 1978, c.V-3, s.124.

Television125 No person shall drive or operate on a public highway a motor vehicle that is equipped with any television viewer, screen or other thing by means of which a television broadcast may be received, if the viewer, screen or other thing is at a place in the motor vehicle in front of the back of the driver’s seat or if it is visible to the driver while operating the motor vehicle.

R.S.S. 1965, c.377, s.121; R.S.S. 1978, c.V-3, s.125.

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Windshield and windows126(1) The windshield, and the windows on either side of the compartment containing the steering wheel, of every motor vehicle shall be maintained at all times in such a condition as to ensure a clear view to the chauffeur or operator and no person shall drive and no owner shall cause or allow to be driven on a public highway a motor vehicle on which the windshield or any such window is not so maintained.(2) Subject to subsection (3), the rear window of every motor vehicle shall be maintained at all times in such a condition as to ensure a clear view, to the rear of the vehicle, to the chauffeur or operator and no person shall drive and no owner shall cause or allow to be driven on a public highway a motor vehicle on which the rear window is not so maintained.(3) Subsection (2) does not apply with respect to a motor vehicle equipped with a mirror or mirrors securely attached and placed in such a position as to afford the chauffeur or operator, otherwise than through the rear window, a clearly reflected view of the roadway in the rear and of any vehicle approaching therefrom.(4) No person shall drive a motor vehicle upon a public highway with any sign, poster or other material or object placed on or near the windshield or on or near any window of the vehicle in such manner as to obstruct the driver’s view of the highway or any intersecting highway.(5) When replacement of the windshield or any such window of a motor vehicle is necessary the owner shall replace the windshield or window with glass or other material so manufactured, fabricated or treated as substantially to prevent shattering or flying of the material when struck or broken.

R.S.S. 1965, c.377, s.122; R.S.S. 1978, c.V-3, s.126.

Mirrors127 Every motor car, truck and power unit shall be equipped with a mirror securely attached and placed in such a position as to afford the chauffeur or operator a clearly reflected view of the road way in the rear and of any vehicle approaching therefrom.

R.S.S. 1965,c.377, s.123; R.S.S. 1978, c.V-3, s.127.

Trailers and semi-trailers to be securely connected128(1) When a motor vehicle or tractor is in operation with a trailer attached thereto they shall be connected by a safe clevis or catch.(2) When a power unit is operated with a semi-trailer attached thereto they shall be securely connected.

R.S.S. 1965, c.377, s.124; R.S.S. 1978, c.V-3, s.128.

Protection of vehicles carrying liquid explosives129 No truck carrying in bulk gasoline or any other fuel petroleum product, or liquid that is inflammable or explosive, shall be driven on a public highway unless the truck is provided with a special rear bumper and a safety valve.

R.S.S. 1965, c.377, s.125; R.S.S. 1978, c.V-3, s.129.

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Prohibition respecting leakage from gasoline tanks, etc.130 No person shall drive or operate on a public highway a truck, trailer or semi-trailer carrying in bulk gasoline or any other fuel petroleum product, or liquid that is inflammable or explosive, unless the tank or other container in which the gasoline or other fuel container in which the gasoline or other fuel petroleum product or liquid is carried and the valves, faucets and other attachments are free from leakage.

R.S.S. 1965, c.377, s.126; R.S.S. 1978, c.V-3, s.130.

Certain motor vehicles to be equipped with signalling device131 Where the load or body of a motor vehicle extends more than twenty-four inches to the left of the centre of the steering wheel, or where a public service vehicle is used for the transportation of passengers, the vehicle shall be equipped with a signalling device approved by the board, and no owner shall drive or permit the operation or use of such vehicle on a highway unless it is so equipped.

R.S.S. 1965, c.377, s.127; R.S.S. 1978, c.V-3, s.131.

Certain motor vehicles to be equipped with signalling device132 Every motor vehicle on the front of which are carried lamps in excess of twenty-three candlepower shall be equipped with a device for dimming the lamps or deflecting the beams issuing therefrom, in such a manner that they are incapable of dazzling the driver of a motor vehicle proceeding in the opposite direction.

R.S.S. 1965, c.377, s.128; R.S.S. 1978, c.V-3, s.132.

Snowmobiles and snowplanes133(1) No person shall operate or have upon a public highway a motor vehicle known as a snowmobile or snowplane driven by a propeller unless the propeller is enclosed by a guard or frame adequate to prevent injury by the propeller to any person.(2) The front of the guard or frame may be hinged or detachable but shall be in place at all times when the propeller is in motion.(3) When a snowmobile or snowplane stops in a city, town or village the engine shall immediately be shut off and shall not be started until necessary for the purpose of propelling the vehicle.

R.S.S. 1965, c.377, s.129; R.S.S. 1978, c.V-3, s.133.

Restrictions respecting the operation of a motor cycle134(1) No person shall operate or ride on a motor cycle upon a public highway unless:

(a) he is wearing a helmet equipped with an adjustable chin strap as approved by the board; and(b) where the motor cycle is not equipped with a windshield, he is wearing a face shield, safety glasses or goggles.

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(2) No person shall operate a motor cycle upon a public highway that is constructed or adapted so that the uppermost part of the handle bars rises more than fifteen inches above the level of the seat when it is depressed by the weight of the driver.(3) No person shall operate a motor cycle upon a public highway without a mirror so attached to the motor cycle as to afford an unrestricted view of the roadway for at least two hundred feet to the rear.(4) No operator of a motor cycle shall allow a passenger to ride in the position commonly known as side saddle.

1967, c.82, s.31; R.S.S. 1978, c.V-3, s.134.

Driving improperly equipped vehicle135 No person shall drive, and no owner shall cause or allow to be driven, on a public highway, a vehicle not equipped in all respects in accordance with this Act and the regulations.

R.S.S. 1965, c.377, s.130; R.S.S. 1978, c.V-3, s.135.

Restrictions as to sale and operation of improperly equipped vehicles136(1) No person engaged in the business of buying, selling or exchanging vehicles shall sell, or give in exchange, a vehicle that the person to whom it is sold or given in exchange intends to drive or operate on a public highway:

(a) if the vehicle is unfit or unsafe for transportation or dangerous to passengers or the public;(b) in the case of a vehicle other than a motor cycle, pedal bicycle with motor attachment or a tractor, unless the vehicle is equipped in accordance with sections 117, 120 and 121, subsections (1), (2), (3) , (7) and (8) of section 123 and sections 127, 131 and 132;(c) in the case of a motor cycle or pedal bicycle with motor attachment, unless it is equipped in accordance with subsection (2) of section 117, section 120, subsections (1), (2), (3) and (4) of section 123, section 132 and subsections (2) and (3) of section 134;(d) in the case of a motor vehicle, trailer or semi-trailer manufactured or assembled after the first day of July, 1956, unless it is equipped with a signalling device approved by the board; but for the purposes of this clause a motor cycle is not deemed to be a motor vehicle;(e) in the case of a motor car having a seating capacity of eight or less and manufactured or assembled after the first day of July, 1962, or after a day fixed by the Lieutenant Governor in Council for the purpose of this clause, whichever is the later, unless it is equipped with sufficient anchorage units at the attachment points for attaching at least two sets of seat safety belts for the front seat of the motor car and unless the construction, design and strength of the anchorage units conform to the standards and specifications prescribed by the board.

(2) No person shall drive or operate on a public highway a motor vehicle, trailer or semi-trailer manufactured or assembled after the first day of July, 1956, and registered under this Act unless it is equipped with a signalling device approved by the board; but for the purposes of this subsection a motor cycle is not deemed to be a motor vehicle.

R.S.S. 1965, c.377, s.131; 1968, c.83, s.23; R.S.S. 1978, c.V-3, s.136.

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Prohibition respecting sale or safety belts, etc.137(1) No person shall sell or offer or keep for sale any tire for use on a motor vehicle that does not conform to the standards and specifications prescribed by the regulations of the board.(2) No person shall sell or offer for sale for use on a motor vehicle any component, equipment or material that does not comply with the standards and specifications prescribed for such equipment by the regulations.(3) No person shall sell, offer for sale or give in exchange any component, equipment or material prohibited for use on motor vehicles by the regulations.


Use of seat belt assembly required138(1) In this section “seat belt assembly” means a device or required assembly composed of straps, webbing or similar material that restrains the movement of a person in order to prevent or mitigate injury to the person and includes a pelvic restraint or a pelvic restraint in combination with a torso restraint.(2) No person shall operate on a public highway a vehicle in which a seat belt assembly required under the provisions of the Motor Vehicle Safety Act (Canada) at the time that the vehicle was manufactured or imported into Canada has been removed, rendered partly or wholly inoperative or modified so as to reduce its effectiveness.(3) Subject to subsection (5), every person who operates on a public highway a vehicle in which a seat belt assembly is provided for the driver shall wear the complete seat belt assembly in a properly adjusted and securely fastened manner but, where a seat belt assembly comprises a pelvic restraint and a torso restraint which are not joined, the driver shall be required to wear the pelvic restraint only.(4) Subject to subsection (5), every person who is a passenger on a public highway, and is seated to the right or left of the driver at approximately the same distance from the windshield as the driver, in a vehicle in which a seat belt assembly is provided for the seating position occupied by the passenger shall wear the complete seat belt assembly in a properly adjusted and securely fastened manner but, where a seat belt assembly comprises a pelvic restraint and a torso restraint which are not joined, the passenger shall be required to wear the pelvic restaint only.(5) Subsections (3) and (4) do not apply to a person:

(a) driving a vehicle in reverse;(b) who holds a certificate signed by a duly qualified medical practitioner certifying that the person is:

(i) for the period stated in the certificate, unable for medical reasons to wear a seat belt assembly; or(ii) because of his size, build or other physical characteristic, unable to wear a seat belt assembly;

(c) who is actually engaged in work which requires him to alight from and re-enter a vehicle at frequent intervals and who, while engaged in the work, does not drive or travel in that vehicle at a speed exceeding forty kilometres (24.86 miles) per hour; or

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(d) under the age of sixteen years.(6) No person shall operate on a public highway a vehicle in which there is a passenger who has attained the age of five years or whose weight exceeds fifty pounds, and who is under sixteen years of age and occupies a seating position for which a seat belt assembly has been provided and who is seated to the right or left of the driver at approximately the same distance from the windshield as the driver, unless that passenger is wearing the complete seat belt assembly in a properly adjusted and securely fastened manner.(7) Subsection (6) does not apply where the passenger:

(a) is the holder of a certificate signed by a duly qualified medical practitioner certifying that the passenger is:

(i) for the period stated in the certificate, unable for medical reasons to wear a seat belt assembly; or(ii) because of his size, build or other physical characteristic, unable to wear a seat belt assembly;

(b) is actually engaged in work which requires him to alight from and re-enter the vehicle at frequent intervals and the vehicle does not travel at a speed exceeding forty kilometres (24.86 miles) per hour; or(c) is occupying and properly secured in a child seating and restraint system as prescribed under the regulations.

(8) No person shall sell or offer or keep for sale for use in a vehicle any seat belt assembly that does not conform to the standards and specifications prescribed by the board.(9) No person shall install in a vehicle or use any seat belt assembly that does not conform to the standards and specifications prescribed by the board.(10) The board may, with the approval of the Lieutenant Governor in Council, make regulations:

(a) requiring the use of child seating and restraint systems in vehicles on public highways;(b) providing for the exemption from any of the provisions of this section of:

(i) any type or class of vehicle;(ii) any class of drivers or passengers in vehicles.

1976-77, c.100, s.12; R.S.S. 1978, c.V-3, s.138.

_______________

PART IV

Speed and Rules of the RoadSpeed

139(1) No person shall drive a truck or power unit having a manufacturer’s rated capacity in excess of one-half ton or a gross weight in excess of 4,000 pounds, at a speed greater than eighty kilometres (49.72 miles) per hour.

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(2) No person shall drive any other vehicle at a speed greater than eighty kilometres (49.72 miles) per hour.(3) Notwithstanding subsections (1) and (2), the board may in the public interest fix a maximum speed on any public highway or any portion of any public highway and shall cause to be erected and maintained at each end of the highway or portion thereof and at intervals along the highway or portion thereof signs indicating such maximum speed; and where any part of a public highway is situated within the corporate limits of a city, town or village and the maximum speed signs are erected at each end, no further signs need be posted at intervals along such portion.(4) No person shall drive a motor vehicle on a public highway or portion thereof, upon which such signs have been erected, at a speed greater than that so indicated.(5) The power of the board under subsection (3) to fix a maximum speed includes the power to fix, in respect of any public highway or any portion of any public highway, a maximum speed applicable during night and a different maximum speed applicable during the part of the day other than night.(6) Notwithstanding anything in this Act, where, under The Highways Act, or any former Highways Act or The Highways and Transportation Act, chapter 23 of The Revised Statutes of Saskatchewan, 1953, or any former Highways and Transportation Act, a speed zone has been established by the erection of official signs indicating the maximum speed applicable to the zone, no person shall drive a motor vehicle on the portion of the public highway within the zone at a greater speed than that so indicated.(7) Notwithstanding anything in this Act, the authority having jurisdiction over a park or parkway may, by bylaw, rule or regulation fix the maximum speed of motor vehicles within the park or on the parkway; and shall by signs conspicuously placed at each entrance to the park and along the parkway indicate such maximum speed and no person shall drive a motor vehicle in the park or along the parkway at a speed greater than that so indicated.(8) Notwithstanding subsections (1), (2), (3), (6) and (7), no person shall drive a vehicle on a public highway at a speed greater than is reasonable and safe having regard to all the circumstances including, without restricting the generality of the foregoing, the nature, condition and use of the highway and the traffic that at the time is, or might reasonably be expected to be, on the highway.(9) No person shall drive a motor vehicle on a public highway at such a slow rate of speed as to impede or block the normal and reasonable movement of traffic on the highway except when such slow rate of speed is necessary for safe operation of the vehicle having regard to all the circumstances.(10) A person who violates subsection (9) is guilty of an offence and liable on summary conviction, in case of the first offence, to a fine of not less than $5 nor more than $50 and, in case of a subsequent offence, to a fine of not less than $10 nor more than $100.(11) In a prosecution for a violation of this section, the onus of proof shall be upon the accused.(12) Nothing in this section applies to a traffic officer, police officer or police constable when engaged in the performance of his duties.

R.S.S. 1965, c.377, s.133; 1967, c.82, s.32; 1968, c.83, s.25; 1972, c.144, s.23; 1976-77, c.100, s.13; R.S.S. 1978, c.V-3, s.139.

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Careless driving140 Every person who drives a motor vehicle on a public highway without due care and attention or without reasonable consideration for other persons using the public highway is guilty of a violation of this Act.

R.S.S. 1965, c.377, s.134; R.S.S. 1978, c.V-3, s.140.

Excessive or unusual noise, offence141 Every person who creates excessive or unusual noise in the operation of a vehicle upon a public highway is guilty of a violation of this Act whether or not the noise is caused by the mechanical state of the vehicle or the manner in which the vehicle is operated and whether or not the vehicle is stationary or moving at the time when the noise is created.

1976-77, c.100, s.14; R.S.S. 1978, c.V-3, s.141.

Following vehicles142(1) No person driving a motor vehicle upon a public highway outside a city or town shall follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicle and the amount and nature of traffic upon and the condition of the highway.(2) A person driving a motor vehicle towing a semi-trailer or any other vehicle when upon a public highway outside a city or town and following another motor vehicle towing a semi-trailer or any other vehicle shall, if conditions permit, leave sufficient space between his vehicle and the vehicle ahead to enable an overtaking vehicle to enter and occupy the space without danger.(3) A person driving a motor vehicle upon a public highway outside a city or town in a caravan or motorcade, other than a funeral procession, whether towing another vehicle or not, shall leave sufficient space between his vehicle and the vehicle ahead to enable an overtaking vehicle to enter and occupy the space without danger.(4) Subsections (1), (2) and (3) shall not be construed to prohibit the driver of a motor vehicle from overtaking and passing another vehicle.

R.S.S. 1965, c.377, s.135; R.S.S. 1978, c.V-3, s.142.

Racing143 No person shall drive a motor vehicle upon a public highway in a race or on a bet or wager.

R.S.S. 1965, c.377, s.136; R.S.S. 1978, c.V-2, s.143.

Right of way 144(1) A person driving a vehicle or riding or driving an animal upon a public highway:

(a) shall, upon meeting another person so using the highway, seasonably turn to the right of the centre of the main travelled portion of the highway and shall drive to the right of the centre of the main-travelled portion of the highway until he has passed the other person;(b) upon overtaking another person so using the highway shall pass to the left; provided that:

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(i) where he is approaching an intersection of public highways at which he intends to make a right turn, or where he is approaching an intersection of public highways that he intends to cross without turning and the other person is making or has indicated that he is about to make a left turn, he shall pass to the right;(ii) where the highway is designated as a one-way highway by signs on, or erected or posted along, the highway directing traffic to proceed in only one direction, he may pass to the right if the highway is free from obstructions and of sufficient width for two or more lines of moving vehicles and the movement can be made safely, but he shall not so pass by driving off the pavement or main-travelled portion of the highway;(iii) within a city or town he may pass to the right if the highway is divided into clearly marked traffic lanes and is free from obstructions and is of sufficient width for two or more lines of moving vehicles on each side of the centre of the highway and the movement can be made safely, but he shall not so pass by driving off the pavement or main travelled portion of the highway;

(c) shall not, after having overtaken and passed another person so using the highway, drive in front of the other person until it is safe to do so;(d) shall, when about to be overtaken on the left by another person so using the highway as soon as practicable turn to the right so as to allow free passage on the left, and shall not increase his speed until the other person has passed and reached the right-hand side of the highway.

(2) When the driver of a vehicle intends to turn to the right at an intersection, he shall approach the intersection and make the turn as close as practicable to the right-hand curb or edge of the roadway.(3) When the driver of a vehicle intends to make a left turn he shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of the vehicle and after entering the intersection shall make the left turn so as to leave the intersection, as nearly as practicable, in the left-hand lane lawfully available to traffic moving in the same direction on the roadway into which the vehicle is entering.(4) Notwithstanding subsections (2) and (3), where marks, signs or lights within or adjacent to an intersection indicate more than one traffic lane or position from which drivers of vehicles may make right or left turns, the driver of a vehicle may turn the vehicle from any of those lanes or positions in the direction or either of the directions indicated by the mark, sign or light applying to the lane or position in which the vehicle is travelling.(5) No person driving a vehicle shall, at an intersection of highways where an automatic signal is in operation, turn the vehicle so as to proceed in the opposite direction.(6) Where two vehicles approach or enter an intersection at approximately the same time the driver of the vehicle on the left shall yield the right of way to the vehicle on the right.(7) Subsection (6) does not apply to the operation of vehicles at an intersection of highways where a traffic officer or police constable is on duty or an automatic signal is in operation.

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(8) When the driver of a vehicle within an intersection intends to turn to the left across the path of any vehicle approaching from the opposite direction, he shall give a signal or warning as required by section 163 and shall yield the right of way and shall not make the left turn until he has afforded a reasonable opportunity to the driver of such other vehicle to avoid a collision.(9) When the driver of a vehicle at a point other than at an inter section intends to turn to the left across the centre line and across the path of any vehicle approaching from the opposite direction, he shall give a signal or warning as required by section 163 and shall not make the left turn until he has afforded a reasonable opportunity to the driver of such other vehicle to avoid collision.(10) No person driving a motor vehicle shall pass or attempt to pass any other vehicle proceeding in the same direction on a grade that obstructs the driver’s view along the highway within a distance of 200 yards, or on a curve or bridge or any of the approaches thereto nor shall the driver of a motor vehicle in any event drive to the left of the centre of the highway when approaching the crest of a grade or on a curve in the highway where the driver’s view along the highway is obstructed within a distance of 200 yards.(11) Subsection (10) does not apply where the highway is divided into traffic lanes and the driver of the vehicle is permitted by clause (b) or (d) of section 147 to drive from one traffic lane to another.(12) No person shall drive a vehicle or ride an animal to the left of the centre line of the main-travelled portion of a highway except:

(a) when overtaking and passing a vehicle or animal proceeding in the same direction;(b) when the portion to the right of the centre line is obstructed by a vehicle or other object or is closed to traffic; or(c) where the highway has been designated as a one-way highway by signs on, or erected or posted along, the highway directing traffic to proceed in only one direction.

(13) Where a public highway has been designated as a one-way highway by signs on, or erected or posted along, the highway directing traffic to proceed in only one direction, no person shall drive a vehicle on the highway in a direction other than the direction indicated by the signs.(14) The driver of a vehicle upon a public highway within a city, town or village shall, at an intersection of highways where no traffic officer or police constable is on duty and no automatic signal is in operation and if pedestrians are crossing the public highway:

(a) within a clearly marked pedestrian crossing; or(b) if there is no clearly marked pedestrian crossing, within the prolongation of the lateral boundary lines of the adjacent or intersecting sidewalks at the end of a block;

stop the vehicle and yield the right of way to the pedestrians if they are upon the half of the highway upon which the vehicle is travelling or if they are approaching so closely from the other half of the highway that they are in danger. Where a vehicle has been stopped as required by this subsection, the driver of a vehicle proceeding in the same direction shall not overtake and pass the first mentioned vehicle.

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(15) Subsection (14) applies mutatis mutandis to the operation of vehicles upon a lane in a city, town or village and to pedestrians using a sidewalk on a street or avenue which the lane meets.(16) No pedestrian shall leave a curb or other place of safety and walk or run into the path of a vehicle that is so close that it is impracticable for the driver to yield the right of way.(17) Nothing in subsection (14), (15) or (16) relieves the driver of a vehicle from the duty to exercise due care for the safety of pedestrians.(18) Notwithstanding anything in this Act or in any municipal bylaw, fire engines, fire department apparatus, ambulances and police cars, when on emergency duty only and when continually sounding the emergency siren, gong or horn and showing to the front a clearly visible flashing red light, shall have the right of way upon all public highways over all other vehicles and shall not be bound to stop at stop streets pursuant to any municipal bylaw or at places or times mentioned in this Act.(19) A vehicle to which priority of right of way is given by subsection (18) shall have priority of right of way over other vehicles to which the same right is given in accordance with the order which the vehicles are mentioned in subsection (18).


Duty of driver of vehicle when approached by fire engine, etc.145 Except when otherwise directed by a traffic officer, police officer or police constable, the driver of a vehicle upon a public highway, upon being approached by a fire engine, fire department apparatus, ambulance or police car continually sounding the emergency siren, gong or horn and showing to the front a clearly visible flashing red light, shall immediately drive as close as possible to the right-hand side of the highway and shall not thereafter drive closer to the centre of the highway, or enter an intersection of public highways, until the fire engine, fire department apparatus, ambulance or police car has passed.

R.S.S. 1965, c.377, s.138; R.S.S. 1978, c.V-2, s.145.

Driving of snowmobile on travelled portion of certain highways prohibited146(1) In this section “travelled portion of a highway” means that portion of a public highway within the corporate boundaries of a city and that portion of a provincial highway as defined by The Highways Act that lies between the established curb lines, if any, and that is intended for vehicular travel and includes the parking lane of a provincial highway.(2) Except as otherwise provided in subsection (3), no person shall drive a snowmobile across or onto the travelled portion of a highway unless:

(a) he brings the snowmobile to a halt before entering on or crossing the travelled portion of the highway; and(b) he yields the right-of-way to any vehicle on the travelled portion of the highway and takes all necessary precautions to enter or cross the highway in safety.

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(3) No person shall drive a snowmobile upon the travelled portion of a highway within the corporate limits of a city, and no person shall drive a snowmobile upon the travelled portion of a highway outside a city unless the untravelled portion of the highway is unsuitable or unavailable for the driving of a snowmobile.

1967, c.82, s.34; 1968, c.83, s.27; R.S.S. 1978, c.V-3, s.146.

Driving in traffic lanes147 Where a public highway is divided into traffic lanes:

(a) every driver of a vehicle shall drive as nearly as practicable entirely within one lane and shall not drive from that lane to another unless he has first ascertained that it is safe to do so;(b) no driver of a vehicle shall drive from one traffic lane to another where solid lines exist between lanes except where solid and broken lines exist together when a driver may cross the solid line from a lane in which the broken line exists;(c) no driver of a vehicle shall drive to the left of the centre of the highway where a solid line exists in the right-hand lane thereof;(d) no driver of a vehicle may drive from one traffic lane to another where broken lines exist between lanes;(e) no driver of a motor cycle shall drive so that more than two motor cycles move abreast in a traffic lane at any time;(f) no driver of a motor cycle overtaking another motor vehicle, other than a motor cycle travelling in the same direction, shall drive abreast of or pass the preceding vehicle within the same traffic lane.

R.S.S. 1965, c.377, s.139; 1967, c.82, s.35; R.S.S. 1978, c.V-3, s.147.

Driving on divided highways148(1) Where a public highway is divided into two roadways highways by an intervening space or a physical barrier or clearly indicated dividing section constructed so that it impedes vehicular traffic, a driver of a vehicle shall drive only on the right-hand roadway, and no driver of a vehicle shall drive over, across or within the intervening space, barrier or section except at a crossover or intersection established by the public authority having jurisdiction over the highway.(2) Where a roadway of a public highway to which subsection (1) applies is divided into clearly marked traffic lanes a driver of a vehicle may, notwithstanding anything in subsection (1) of section 144, upon overtaking another vehicle on the roadway pass to the right if the roadway is free from obstructions and the movement can be made safely.

R.S.S. 1965, c.377, s.140; R.S.S. 1978, c.V-3, s.148.

Entering or leaving controlled access highway149(1) Where on a controlled access highway there is a sign indicating a place at which vehicles are permitted to enter, no person shall drive a vehicle onto the highway except at that place.

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(2) Where on a controlled access highway there is a sign indicating a place at which vehicles are permitted to leave, no person shall drive a vehicle from the highway except at that place.

R.S.S. 1965, c.377, s.141; R.S.S. 1978, c.V-3, s.149.

Control of traffic by signals150(1) Whenever traffic is controlled by traffic-control by signals exhibiting coloured lights or arrows, or both, only the colours mentioned in this section shall be used, and, except when otherwise directed by a traffic officer, police officer or police constable, the lights or arrows, or the lights and arrows, as the case may be, shall indicate and apply to drivers of vehicles and to pedestrians as follows, and drivers of vehicles, and pedestrians, shall obey the instructions of the traffic-control signals in accordance with the following provisions:

(a) green alone without an arrow, at an intersection of public highways:(i) vehicular traffic facing the signal may proceed straight through the intersection, or, subject to subsection (8) of section 144, turn right or left unless a clearly visible sign at the intersection prohibits such turn, but such traffic, including vehicles turning right or left, shall yield the right of way to other vehicles lawfully using the intersection and to pedestrians lawfully within a cross-walk at the time the signal is exhibited;(ii) pedestrians facing the signal may proceed across the roadway within a cross-walk unless otherwise directed by a special pedestrian-control signal;

(b) green alone without an arrow, at a place other than an intersection of public highways:

(i) the vehicular traffic facing the signal may proceed to pass the signal but shall yield the right of way to any pedestrian still in the roadway or within a cross-walk at which the signal is situated if the light is shown after the pedestrian entered the roadway or cross-walk;(ii) pedestrians facing the signal may proceed across the roadway, unless otherwise directed by a special pedestrian-control signal, and while so proceeding have the right of way over all vehicular traffic;

(c) yellow or amber alone, at an intersection of public highways:(i) vehicular traffic facing the signal shall stop at the nearest place marked by a line or sign, or, if there is no line or sign, immediately before entering the nearest cross-walk, and shall not proceed until a green light alone is exhibited; provided that where a vehicle cannot be brought to a stop with safety before passing that place or entering that cross-walk, as the case may be, it may be driven cautiously across the intersection;(ii) pedestrians facing the signal shall not enter the roadway until a green light alone is exhibited;

(d) yellow or amber alone, at a place other than an intersection of public highways:

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(i) vehicular traffic facing the signal shall stop at the nearest place marked by a line or sign, or, if there is no line or sign, immediately before reaching the signal, and shall not proceed until a green light alone is exhibited; provided that where a vehicle cannot be brought to a stop with safety before passing that place or reaching the signal, as the case may be, it may be driven cautiously past the place or signal;(ii) pedestrians facing the signal shall not enter the roadway until a green light alone is exhibited;

(e) red alone, at an intersection of public highways:(i) vehicular traffic facing the signal shall stop at the crosswalk and shall not proceed until a green light alone is exhibited or until the red light is no longer exhibited; but notwithstanding the foregoing where there is no sign prohibiting a right turn when a red light is exhibited, the driver of a motor vehicle, after stopping at the crosswalk and yielding the right of way to pedestrians within the intersection and all vehicles approaching or in the intersection, may turn and proceed to the right;(ii) pedestrians facing the signal shall not enter the roadway until a green light alone is exhibited unless a special pedestrian-control signal or sign indicates that pedestrians may cross the roadway while the red light is exhibited in which case they may proceed across the roadway in the direction of the signal or, where the signal or a sign indicates that they may do so, in any direction;

(f) red alone, at a place other than an intersection of public highways:(i) vehicular traffic facing the signal shall stop at the nearest place marked by a line or sign, or, if there is no line or sign, immediately before reaching the signal, and shall not proceed until a green light alone is exhibited;(ii) pedestrians facing the signal shall not enter the roadway until a green light alone is exhibited;

(g) green arrow alone, or any combination of green arrows, at an intersection of public highways:

(i) vehicular traffic facing the signal may enter the intersection and make only the movement indicated by the arrow or, if more than one, by any one of the arrows, but shall yield the right of way to other vehicles lawfully using the intersection and to pedestrians lawfully within a cross-walk at the time the signal is exhibited;(ii) pedestrians facing the signal may proceed across the roadway within a cross-walk unless otherwise directed by a special pedestrian-control signal;

(h) green arrow in conjunction with red or any combination of green arrows in conjunction with red, at an intersection of highways:

(i) vehicular traffic facing the signal may enter the intersection and make only the movement indicated by the arrow or, if more than one, by any one of the arrows, but shall yield the right of way to other vehicles lawfully using the intersection and to pedestrians lawfully within a cross-walk at the time the signal is exhibited;

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(ii) pedestrians facing the signal shall not enter the roadway until a green light alone is exhibited unless a special pedestrian-control signal indicates that pedestrians may cross the roadway while the red light is exhibited in which case they may proceed across the roadway in the direction of the signal;(i) where a public highway is divided into traffic lanes and a green arrow is exhibited directly over one of the lanes the driver of a vehicle proceeding in that lane toward the green arrow shall make only the movement indicated by the arrow.

(2) Whenever special pedestrian-control signals exhibiting the word “Walk” or “Wait” or the words “Don’t Walk” are used the word or words shall indicate and apply to pedestrians and to drivers of vehicles as follows:

(a) “Walk”: pedestrians facing the signal may proceed across the roadway in the direction of the signal or, where the signal or a sign indicates that pedestrians may do so, in any direction, and vehicular traffic shall yield the right of way to the pedestrians;(b) “Wait” or “Don’t Walk”: pedestrians facing the signal shall not start to cross the roadway in the direction of the signal, and a pedestrian who has partially crossed the roadway on the “Walk” signal shall proceed to a sidewalk or safety island while the word “Wait” or the words “Don’t Walk” are showing.

(3) Whenever a flashing red, yellow or amber traffic-control signal is used it shall indicate and apply to drivers of vehicles as follows:

(a) flashing red: when a red lens is illuminated with rapid intermittent flashes vehicular traffic facing the signal shall stop at the nearest place marked by a line or sign, or;

(i) where the signal is at an intersection of public highways and there is no line or sign, immediately before entering the nearest cross-walk;(ii) where the signal is at a place other than such intersection and there is no line or sign, immediately before passing the signal;

and shall not proceed until it is safe to do so;(b) flashing yellow or amber: when a yellow or amber lens is illuminated with rapid intermittent flashes vehicular traffic facing the signal may proceed through the intersection or past the signal only with caution.

(4) In this section “cross-walk” means a portion of a public highway at an intersection distinctly indicated for pedestrian crossing by lines or other marks on the surface or, where there are no such lines or marks, that portion of a public highway at an intersection that is within:

(a) the prolongation of the property lines and curb lines; or(b) the lines representing the connection of the property lines and curb lines;

as the case may require.(5) A pedestrian who violates any provision of this section is guilty of an offence and liable on summary conviction to a fine of not less than $2 nor more than $25.


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Interfering with funeral processions151 No person driving a vehicle shall drive it through or cause it to obstruct or interfere with a funeral procession.

R.S.S. 1965, c.377, s.143; R.S.S. 1978, c.V-3, s.151.

School bus signals to be activated in certain cases152(1) The driver of a school bus equipped as provided by subsection (21) of section 123 shall, unless driving on a public highway with a posted limit of fifty-five kilometres (34.18 miles) per hour or less:

(a) activate the flashing signals when stopping for the purpose of loading and unloading school children, at least three hundred and fifty feet before the point of loading or unloading;(b) maintain the operation of the flashing signals while stopped to load or unload school children; and(c) when unloading school children, discontinue the operation of the flashing signals after the school children have reached a place of safety before continuing along the public highway.

(2) No driver of a school bus shall activate the flashing signals unless engaged in the process of stopping the school bus for the purpose of loading or unloading school children.(3) Notwithstanding subsection (1), the council of a city, town, village or rural municipality may, with the approval of the board, pass a bylaw requiring the driver of a school bus to comply with subsection (1) while operating a school bus on any public highway or portion thereof located within the corporate limits of the city, town, village or rural municipality and designated in the bylaw.

1976-77, c.100, s.16; R.S.S. 1978, c.V-2, s.152.

Passing school bus153(1) Every person who drives a vehicle upon a public highway and who while driving the vehicle is about to meet or overtake a school bus that:

(a) is stationary on the highway; and(b) is displaying alternately flashing red lights;

shall stop his vehicle at a distance of at least fifteen feet from the rear or front of the school bus, as the case may require, and shall not proceed until the flashing red lights are no longer displayed at which time he may proceed with caution.(2) Subsection (1) does not apply to a person driving a vehicle on a public highway which has a physical barrier or an unpaved strip of ground that separates traffic travelling in one direction from traffic travelling in the other direction, where the person is driving the vehicle in a direction opposite to the direction in which the school bus is facing.

1976-77, c.100, s.17; R.S.S. 1978, c.V-3, s.153.

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Overtaking vehicles at intersections154 No person driving a motor vehicle shall overtake or pass, at intersections an intersection of public highways, any motor or other vehicle travelling in the same direction, except in the cases provided for in subclause (i) of clause (b) of subsection (1) of section 144.

R.S.S. 1965, c.377, s.145; R.S.S. 1978, c.V-3, s.154.

Entering and leaving garage155. Due care shall be taken by the driver of a motor vehicle while in the act of entering or leaving a garage not to cause accident through his manner of ingress or egress.

R.S.S. 1965, c.377, s.146; R.S.S. 1978, c.V-3, s.155.

Entering provincial highways and certain other highways156(1) The driver of a vehicle shall, before entering a public highway designated as a provincial highway under The Highways Act, outside a city or town, yield the right of way to other vehicles upon the provincial highway that have entered the intersection or that are approaching so closely upon the highway as to constitute an immediate hazard, and having so yielded the right of way shall not proceed until it is safe to do so.(2) The driver of a vehicle shall at every intersection of public highways where a “yield the right-of-way” sign or “yield” sign is erected yield the right-of-way to other vehicles that have entered the intersection or that are approaching so closely as to constitute an immediate hazard, and having so yielded the right-of-way shall not proceed until it is safe to do so.

R.S.S. 1965, c.377, s.147; 1972, c.144, s.25; R.S.S. 1978, c.V-3, s.156.

Entering public highway from private road157 No driver of a vehicle shall enter or cross a public highway from a place, private road, driveway, lane or alley that is not a public highway unless he yields the right-of-way to pedestrians and vehicles that are approaching so closely upon the sidewalk or public highway as to constitute an immediate hazard and, having so yielded the right-of-way, does not proceed until it is safe to do so.

1976-77, c.100, s.18; R.S.S. 1978, c.V-2, s.157.

Stopping158(1) No person driving a motor or other vehicle shall stop the vehicle on a public highway outside a city, town, village or hamlet unless at the right-hand shoulder of the highway as far as possible from the centre thereof.(2) No person shall stop a vehicle on a public highway , outside a city, town, village or hamlet, within a distance of 100 feet from any vehicle stopped on the opposite side of the highway.(3) Nothing in this section applies to a traffic officer, police officer or police constable when engaged in the performance of his duties.

R.S.S. 1965, c.377, s.148; R.S.S. 1978, c.V-3, s.158.

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Stopping at stop signs and level railway crossings159(1) The driver of a vehicle shall at every place where a stop sign is erected bring the vehicle to a dead stop and shall not proceed until it is safe to do so.(2) The driver of a vehicle approaching a level railway crossing shall, when a signal man, an automatic signal or other safety device indicates the approach of a train, bring the vehicle to a dead stop, and shall not proceed until the signal man, automatic signal or device indicates that it is safe to do so.(3) The driver of a vehicle shall, before proceeding over a level railway crossing on the approach to which a sign indicating danger, or stop sign, is erected, whether or not a train can be seen or heard approaching the crossing, bring the vehicle to a dead stop at the danger or stop sign and shall not proceed until it is safe to do so.(4) The driver of a vehicle, when transporting gasoline or any other fuel petroleum product, or liquid that is inflammable or explosive, other than in the fuel tank of a motor vehicle, shall, before proceeding over a level railway crossing, whether or not a train can be seen or heard approaching the crossing, bring the vehicle to a dead stop and shall not proceed until it is safe to do so.(5) The driver of:

(a) a public service vehicle used for the transportation of passengers, other than a vehicle in respect of which a class UL public service vehicle certificate of registration has been issued by the board; or(b) a vehicle used for the transportation of school children and having exposed thereon a sign containing the words “School Bus”; shall, before proceeding over a level railway crossing, whether or not a train can be seen or heard approaching the crossing, bring the vehicle to a dead stop and shall not proceed until it is safe to do so.

(6) Subsections (4) and (5) do not apply if a signal man is stationed, or an automatic signal or other safety device is erected, at the level railway crossing and the signal man, automatic signal or other safety device indicates that traffic may proceed.

R.S.S. 1965, c.377, s.149; R.S.S. 1978, c.V-3, s.159.

Stop signs 160 Unless authorized by the Minister of Highways and Transportation, no person shall erect on a public highway designated as a provincial highway under The Highways Act a sign containing the word “stop” or in any way resembling the official stop sign issued by the Department of Highways and Transportation.

R.S.S. 1965, c.377, s.150; R.S.S. 1978, c.V-3, s.160.

Dimming or deflecting of lights161(1) Subject to subsection (6) every person driving a motor vehicle equipped with a light dimming or deflecting device shall, when the lights are in use, dim the headlights or deflect the beams issuing therefrom when he is at a distance of not less than 500 feet from a motor vehicle proceeding in the opposite direction and shall keep the headlights dimmed or the beams deflected until the approaching motor vehicle has passed.

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(2) Every person driving a motor vehicle equipped with a light dimming or deflecting device who is following another motor vehicle proceeding in the same direction shall, when the lights are in use, dim the headlights or deflect the beams issuing therefrom when he is at a distance of not less than 200 feet from the vehicle he is following and shall keep the headlights dimmed or the beams deflected at all times while following the other vehicle within the said distance.(3) Every person driving a motor vehicle equipped with a light dimming or deflecting device who intends to pass another motor vehicle proceeding in the same direction shall, when the lights are in use, dim the headlights or deflect the beams issuing therefrom when he is at a distance of not less than 200 feet from the other vehicle and shall keep the headlights dimmed or the beams deflected until he is abreast of the other vehicle.(4) Every person driving a motor vehicle equipped with a light dimming or deflecting device shall, when the lights are in use and upon being overtaken by another vehicle proceeding the same direction, dim the headlights or deflect the beams issuing therefrom and he shall keep the headlights dimmed or the beams deflected until the other vehicle has proceeded a distance of not less than 200 feet beyond him.(5) Subject to subsection (6), every person who has possession or control of a motor vehicle equipped with a light dimming or deflecting device shall, when the vehicle is stationary and the lights are in use, dim the headlights or deflect the beams issuing therefrom when another motor vehicle that is approaching toward the front of the stationary vehicle and shall keep the headlights dimmed or the beams deflected until the approaching vehicle has passed.(6) Subsection (1) does not apply where the vehicle is being driven on a public highway that is divided into two roadways and the distance between the roadways at the place where the vehicle is being driven is 70 feet or more, and subsection (5) does not apply where the stationary vehicle is on a public highway that is divided into two roadways and the distance between the roadways at the place where the vehicle is standing is 70 feet or more.

R.S.S. 1965, c.377’ s.151; R.S.S. 1978, c.V-3, s.161.

Extinguishing of spot lights162(1) Every person driving a motor vehicle equipped with a spot lamp shall, when the light is in use, extinguish it when he is at a distance of not less than 1,500 feet from a motor vehicle proceeding in the opposite direction and shall not cause it to be illuminated until the approaching vehicle has passed.(2) Every person driving a motor vehicle equipped with a spot lamp who is following another motor vehicle proceeding in the same direction shall, when the light is in use, extinguish it when he is at a distance of not less than 200 feet from the vehicle he is following and shall not cause it to be illuminated while following the other vehicle within the said distance.(3) Every person driving a motor vehicle equipped with a spot lamp who intends to pass another motor vehicle proceeding in the same direction shall, when the light is in use, extinguish it when he is at a distance of not less than 200 feet from the other vehicle and shall not cause it to be illuminated until he is abreast of the other vehicle.

R.S.S. 1965, c.377, s.152; R.S.S. 1978, c.V-3, s.162.

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Signals to be given by drivers163(1) Subject to subsection (2), every driver of a vehicle shall signal as follows:

(a) when intending to make a left-hand turn or when turning out from a stationary position at the side of a public highway, by extending the left arm horizontally;(b) when intending to make a right-hand turn, by extending the left arm from the shoulder to the elbow horizontally and from the elbow to the hand vertically upwards;(c) when intending to stop by extending the left arm diagonally downwards;(d) when intending to drive from one traffic lane to another, by extending the left arm horizontally if intending to drive to the left and by extending the left arm from the shoulder to the elbow horizontally and from the elbow to the hand vertically upwards if intending to drive to the right.

(2) Compliance with subsection (1) is not required where a vehicle is equipped with efficient signalling devices and where due warning of the intention of the driver is clearly given by means of the devices.(3) Where in compliance with subsection (1) or (2) a signal of intention to make a left-hand or right-hand turn or to stop is required, the driver shall give the signal continuously for sufficient distance, before making the turn or stopping, to warn traffic.

R.S.S. 1965, c.377, s.153; 1967, c.82, s.38; R.S.S. 1978, c.V-3, s.163.

Crossing highways in urban municipalities164 No person driving a vehicle shall cause it to cross a public highway within a city, town or village except:

(a) at an intersection by another highway not a lane or alley;or

(b) if not prohibited by municipal bylaw, at an intersection by a lane or alley.

R.S.S. 1965, c.377, s.154; R.S.S. 1978, c.V-3, s.164.

Offences on parking lots165(1) Any person who, in or on any place that is not a public highway and that the public is ordinarily entitled or permitted to use for the parking of vehicles, including the necessary passageways thereon, does anything that, if done on a public highway, would be a violation of the provisions of:

(a) subsection (8) of section 139; (b) section 140;(c) subsection (1) of section 142;(d) section 143;(e) clause (a) of subsection (1) or subsection (2), (3), (6) , (8) or (13) of section 144;

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(f) section 150;(g) subsection (1) of section 159; or(h) section 163;

of this Act shall be deemed to have violated that provision and is guilty of an offence and is liable on summary conviction to the penalty herein provided for a violation of that provision.(2) Subsection (1) does not apply with respect to a vehicle or the driver thereof in any place where vehicles are stored by the owners thereof, subject to payment of a charge therefor, with the intention and understanding, on the part of both the owner of such vehicle and the owner or operator of the place, that the vehicle will not be removed for a period of two weeks or longer unless removed for the purpose of the sale thereof.(3) Notwithstanding subsection (1), a person may operate a motor cycle on any place that is not a public highway while engaged in learning or attaining proficiency in the operation thereof.

1968, c.83, s.30; R.S.S. 1978, c.V-3, s.165.

Precautions against accidents166(1) Every person driving a motor vehicle upon a public highway shall, when approaching either a vehicle drawn by one or more horses or other animals, or a horse with a rider, operate, manage and control the motor vehicle in such manner as to avoid frightening the animals.(2) If the animals appear frightened, the person in control of a motor vehicle shall reduce speed thereof and, upon being requested or signalled to do so shall stop the vehicle, including the motor, and remain stationary as long as may be necessary to allow the rider or driver to pass, or until directed by him to proceed.(3) Where it appears necessary, the occupants of the motor vehicle shall render assistance to the rider or driver.

R.S.S. 1965, c.377, s.156; R.S.S. 1978, c.V-3, s.167.

Speed when approaching or passing cattle167 No person shall drive a motor vehicle at a greater speed than twenty-five kilometres (15.94 miles) per hour when approaching and within a distance of 200 feet from and when passing cattle upon or beside a public highway, whether or not the cattle are legally there and whether or not a person is in charge thereof. For the purpose of this section “cattle” does not include a horse with a rider or driver.

R.S.S. 1965, c.377, s.157; 1976-77, c.100, s.20; R.S.S. 1978, c.V-3, s.167.

Certain vehicles not to be left unattended168 No person in charge of a vehicle drawn by one or more horses or other animals shall leave it or allow it to proceed unattended upon a public highway.

R.S.S. 1965, c.377, s.158; R.S.S. 1978, c.V-3, s.168.

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Right of way for road equipment169(1) Every person in charge of equipment used in connection with the maintenance of public highways, other than a snow plough, may operate the equipment on such portion of a public highway as may be necessary for the discharge of his duties and has the right-of-way over every person operating or driving a vehicle on the public highway; and every person so operating or driving a vehicle shall yield the right-of-way to the person in charge of the equipment if the equipment he is operating:

(a) has affixed thereto a red flag; or(b) is equipped with signal lamps mounted as high and as widely spaced laterally as is practicable and which are displaying to the front and to the rear two alternately flashing amber lights at least five inches in diameter situated at the same level and visible under normal atmospheric conditions at a distance of 500 feet.

(2) A person in charge of a snow-plough carrying in a conspicuous position as near the top of the plough as practicable at least one lamp showing a flashing or oscillating blue light shall be entitled to operate the snow-plough on such portion of a public highway as may be necessary for the discharge of his duties and shall have the right of way over every person operating or driving a vehicle on the public highway and every person so operating or driving a vehicle shall yield the right-of-way to the person in charge of the snow-plough.(3) A truck used for hauling gravel shall be deemed not to be equipment within the meaning of subsection (1) while being operated elsewhere than on the portion of a public highway on which the gravel is to be placed.

R.S.S. 1965, c.377, s.159; 1972, c.144, s.26; R.S.S. 1978, c.V-3, s.169.

Towing bicycles, etc., prohibited170 No person using a bicycle, hand sleigh, trailer sled used to carry passengers, toboggan or skis on a public highway shall take hold of a moving vehicle or cause or permit the bicycle, hand sleigh, trailer sled used to carry passengers, toboggan or skis to be attached to or drawn by a moving vehicle, and no driver of a moving vehicle shall permit such person to take hold of the vehicle or permit a bicycle, hand sleigh, trailer sled used to carry passengers, toboggan or skis to be attached thereto or drawn thereby.

R.S.S. 1965, c.377, s.160; 1968, c.83, s.31; R.S.S. 1978, c.V-3, s.170.

Pedestrian to walk on left side of highway171(1) No person shall walk along the portion of a public highway used for vehicular traffic otherwise than close to the edge thereof on his left.(2) Subsection (1) does not apply to a pedestrian in charge of an animal.

R.S.S. 1965, c.377, s.161; R.S.S. 1978, c.V-3, s.171.

Rules of road apply to tractors172(1) No person who drives a tractor upon a public highway shall violate any rules of the road contained in this Part.

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(2) For the purpose of any rule of the road contained in this Part or any other provision of this Act relating to the enforcement of any such rule of the road, every tractor that is driven upon a public highway shall be deemed to be a motor vehicle within the meaning of this Act.

R.S.S. 1965, c.377, s.162; R.S.S. 1978, c.V-3, s.172.

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PART V

AccidentsAccident report required

173(1) Every person in charge of a motor vehicle who is directly or indirectly involved in an accident shall, if the accident results in personal injuries, or in damage to property apparently exceeding $200, report the accident forthwith to the nearest police officer or police constable and furnish him with such information or written statement concerning the accident as he may require but where the accident results in damage to property only to an apparent extent of $200 or less, the driver shall forthwith take reasonable steps to locate and notify the owner or person in charge of the property of the damage and provide the owner or person in charge of the property with:

(a) the name and address of the driver;(b) the number of the driver’s licence;(c) the registration number of the vehicle; and(d) particulars of insurance affecting the motor vehicle.

(2) Where such person is physically incapable of making a report and there is another occupant of the motor vehicle, that occupant shall make the report.(3) A police officer or police constable receiving a report of an accident shall secure from the person making the report, or by other inquires where necessary, such particulars of the accident, the persons involved, the extent of the personal injuries or property damage, if any , and such other information as may be necessary to complete a written report concerning the accident to the board, and shall transmit such report forthwith to the board. The report shall be in a form prescribed by the board.(4) The board may require any person involved in an accident, or having knowledge of an accident, the parties thereto or any personal injuries or property damage resulting therefrom, to furnish, and any police officer or police constable to secure, such additional information and make such supplementary reports of the accident as the board may deem necessary to complete its records, and to establish, as far as possible, the causes of the accident, the persons responsible and the extent of the personal injuries and property damage, if any, resulting therefrom.

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(5) Subject to subsection (6) and (7), a written report or statement made or furnished pursuant to this section shall be without prejudice, shall be for the information of the board, and shall not be open to public inspection, and the fact that such report or statement has been so made or furnished shall be admissible in evidence solely to prove compliance with this section, and no such report or statement, and no part of any such report or statement, shall be admissible in evidence for any other purpose in any trial arising out of a motor vehicle accident.(6) A report received by the board pursuant to this section shall, upon the request of a person involved in the accident to which the report relates or of a person authorized by him for the purpose or upon the request of a person who has paid or may be liable to pay for injury or damages resulting from the accident, be made available by the board to the person requesting such report upon payment to the board of any fee prescribed by the board for such purpose.(7) Notwithstanding section 26 and subsection (5) of this section, the board may furnish persons engaged in road safety research with information contained in any report received by it pursuant to this section, provided that none of the information so furnished shall be made public by any person in a form that would enable any particulars to be identified as being particulars relating to any other person or persons or to any business.(8) Any person who makes information public in a form which contravenes subsection (7) is guilty of a violation of this Act(9) For the purpose of this section a tractor used by a farmer in connection with his farming operations shall, when driven on a public highway, be deemed to be a motor vehicle.

R.S.S. 1965, c.377, s.163; 1968, c.83, s.32; 1970, c.79, s.11; 1973-74, c.122, s.1; 1976-77, c.100, s.21; R.S.S. 1978, c.V-3, s.173.

Report by holder of public service vehicle certificate174 Every holder of a public service vehicle certificate of registration shall within forty-eight hours report to the board, in full detail, any accident causing the death of or injury to any person or damage to any property, other than that of such holder, arising from and in connection with his operations, and the board, if it deems necessary, may hold an investigation.

R.S.S. 1965, c.377, s.164; R.S.S. 1978, c.V-3, s.174.

Duly of police officer investigating accident175 A police officer or police constable investigating an accident involving a motor vehicle or motor vehicles shall, if the accident has resulted in personal injuries, or damage to property apparently exceeding $200, attach to the motor vehicle or motor vehicles a written notice in a form approved by the board that the accident has been reported to him.


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Reports by owners of repair shops, etc.176 Every owner of a garage or an automobile repair or wrecker’s business and every dealer shall, upon receiving a motor vehicle that to his knowledge or in his belief has been in an accident involving personal injuries, or damage to property exceeding $200, and that has not attached thereto a written notice by a police officer or police constable that the accident has been reported to him, forthwith report the matter to the nearest police officer or police constable and furnish him with such information as he may require.

R.S.S. 1965, c.377, s.166; 1970, c.79, s.13; R.S.S. 1978, c.V-3, s.176.

Onus of proving report177 Where a person is charged with a violation of any provision of section 173, 174 or 176 the onus of proving delivery of the report required to be made thereunder is on the accused.

R.S.S. 1965, c.377, s.167; R.S.S. 1978, c.V-3, s.177.

Liability of owner and driver for loss, damage or injury178(1) Subject to subsection (2), when any loss, damage or injury is caused to a person by a motor vehicle, the person driving it at the time is liable for the loss, damage or injury, if it was caused by his negligence or improper conduct, and the owner thereof is also liable to the same extent as the driver unless at the time of the incident causing the loss, damage or injury the motor vehicle had been stolen from the owner or otherwise wrongfully taken out of his possession or out of the possession of a person entrusted by him with the care thereof.(2) The owner or driver of a motor vehicle, other than a vehicle ordinarily used for carrying passengers for hire or gain, is not liable for loss or damage resulting from bodily injury to or the death of a person being carried in or upon or entering, or getting onto, or alighting from the motor vehicle, unless there has been wilful and wanton misconduct on the part of the driver of the vehicle and unless the wilful and wanton misconduct contributed to the injury.

R.S.S. 1965, c.377, s.168; R.S.S. 1978, c.V-2, s.178.

Onus of proof179(1) Where loss, damage or injury is sustained by a person by reason of a motor vehicle upon a highway, the onus of proof that the loss or damage did not entirely or solely arise through the negligence or improper conduct of the owner or driver of the motor vehicle is on the owner or driver.(2) This section does not apply in case of a collision between motor vehicles upon a highway, nor to an action brought by a passenger in a motor vehicle, other than a public service vehicle, in respect of injuries sustained by him while a passenger.

R.S.S. 1965, c.377, s.169; R.S.S. 1978, c.V-3, s.179.

Time limit for instituting civil actions180(1) Subject to subsections (2) and (3), no action shall be brought against a person for the recovery of damages occasioned by a motor vehicle after the expiration of twelve months from the time when the damages were sustained.

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(2) Where death is caused the action may be brought within the time limited by The Fatal Accidents Act.(3) The limitations of time mentioned in this section do not apply with respect to a counterclaim for damages set up or third party proceedings instituted by a defendant in an action for the recovery of damages occasioned by a motor vehicle.

R.S.S. 1965, c.377, s.170; R.S.S. 1978, c.V-3, s.180.

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PART VI

Financial Responsibility of Owners and OperatorsApplication of part

181 Nothing in this Part prevents the plaintiff in any action from proceeding upon any other remedy or security available at law.

R.S.S. 1965, c.377, s.171; R.S.S. 1978, c.V-3, s.181.

Suspension of licence and registration for failure to pay judgment182(1) If:

(a) a judgment is rendered, by a court in Canada, for damages on account of the death of or injury to a person, or on account of damage to property in excess of $50, occasioned by a motor vehicle; and(b) the person against whom the judgment is rendered fails to satisfy the judgment within thirty days from the date upon which it becomes final by affirmation on appeal or by expiry, without appeal, of the time allowed for appeal;

the board shall, upon receipt of a certificate of the judgment, suspend the licence issued to the person against whom the judgment is rendered and the registration of every motor vehicle registered in his name.(2) Every such licence and registration shall remain so suspended and shall not at any time thereafter be renewed, nor shall a new licence be thereafter issued to or registration permitted to be made by the person liable on the judgment, until:

(a) in the case of one or more judgments resulting from(i) bodily injury to, or the death of, one or more persons;

or(ii) loss of, or damage to, property; in one accident or from both the causes stated in subclauses (i) and (ii),(iii) it is, or they are, discharged (otherwise than by a discharge in bankruptcy); or

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(iv) if not discharged, the total amount or total of the amounts owing thereunder is satisfied to the extent of at least $30,000 in the case of a judgment or judgments arising from bodily injury or death, if any, and at least $5,000 in the case of a judgment or judgments arising from damage to property, if any, and in any event, to the extent of at least $35,000; and

(b) the person so liable gives proof of his financial responsibility for future motor vehicle accidents in the manner required by this Part.

(3) If, after proof of financial responsibility has been given, any other judgment against such person, for an accident that occurred before the proof was furnished and after the thirtieth day of April, 1933, is reported to the board, the board shall suspend the licence issued to that person and the registration of every motor vehicle registered in his name, and the licence and registration shall remain so suspended until the judgment is satisfied and discharged, otherwise than by a discharge in bankruptcy, to the extent set out in subsection (2).(4) The Lieutenant Governor in Council, upon the report of the board that a state has enacted legislation similar in effect to subsections (1) and (2) and that the legislation extends and applies to judgments rendered and become final against residents of that state by any court of competent jurisdiction in Saskatchewan, may, by order declare that the said subsections extend and apply to judgments rendered and become final against residents of Saskatchewan by any court of competent jurisdiction in that state.

R.S.S. 1965, c.377, s.172; R.S.S. 1978, c.V-3, s.183.

Suspension of privileges of non-resident for failure to pay judgment183 If the person failing to satisfy the judgment is a non-resident, the privilege of driving a motor vehicle in the province and the privilege of using or having in the province a motor vehicle registered in his name; shall be and become suspended forthwith upon the recovery of the judgment and shall remain suspended until he has complied with section 182 by payment or discharge of the judgment and furnished proof of financial responsibility for future motor vehicle accidents.

R.S.S. 1965, c.377, s.173; R.S.S. 1978, c.V-2, s.183.

Payment of judgment instalments184(1) A judgment debtor to whom section 182 or 183 applies may, on due notice to the judgment creditor, apply to the court that tried the action for the privilege of paying the judgment against him in instalments, and the court may in its discretion so order, fixing the amounts and times of payment of the instalments.(2) While the judgment debtor is not in default in payment of such instalments he shall, for the purpose of this Part, be deemed not in default in payment of the judgment, and upon proof of financial responsibility for future accidents the board may restore the licence and registration or privilege of the judgment debtor, but when default is made in paying an instalment the board shall suspend, and as often as such default is remedied may restore, the licence and registration or privilege.

R.S.S. 1965, c.377, s.174; R.S.S. 1978, c.V-3, s.184.

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Minimum requirements respecting financial responsibility185 Proof of financial responsibility when required by this Part shall be given by every operator, chauffeur or instructor not being an owner, and by every owner for each motor vehicle registered in his name, in at least $35,000 (exclusive of interest and costs) in respect of liability resulting from:

(a) bodily injury to, or the death of, one or more persons; or(b) loss of, or damage to, property;

in one accident, or from both the causes stated in clauses (a) and (b); and shall include a provision that:

(c) claims arising out of bodily injury or death have priority, to the extent of $30,000, over claims arising out of loss of, or damage to, property; and(d) claims arising out of loss of, or damage to, property have priority, to the extent of $5,000, over claims arising out of bodily injury or death.

R.S.S. 1965, c.377, s.175; R.S.S. 1978, c.V-3, s.185.

Manner of proof186 Proof of financial responsibility may be given in any one of the following forms, namely:

(a) the written certificate or certificates, filed with the board, of an authorized insurer that it has issued to, or for the benefit of, the insured named therein a motor vehicle liability policy or policies, in the form required by The Saskatchewan Insurance Act, that at the date of the certificate or certificates, is or are in full force and effect and the certificate or certificates shall certify that the motor vehicle liability policy or policies therein mentioned shall not be cancelled or expire except after ten days’ written notice to the board, and until such notice is duly given the certificate or certificates shall be valid and sufficient to cover the term of renewal of the policy or policies by the insurer or any renewal or extension of the term of the insured’s licence or registration by the board; or(b) the bond of a guarantee insurance or surety company duly authorized to carry on business in the province and the bond shall be payable to the Minister of Finance, shall be in form approved by the board and filed with it, and it shall be conditioned for the payment of the amounts specified in this Part and shall not be cancelled or expire except after ten days’ written notice to the board; or(c) the certificate of the Minister of Finance that the person named therein has deposited with the Minister of Finance a sum of money or security for money approved by him in the amount or value of $35,000 for each motor vehicle registered in the name of that person and the Minister of Finance shall accept such deposit and issue a certificate therefor;(d) a certificate of insurance issued under The Automobile Accident Insurance Act.

R.S.S. 1965, c.377, s.176; R.S.S. 1978, c.V-3, s.186.

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Proof for non-resident187 A non-resident may give proof of financial responsibility as provided in section 186 or by filing with the board or, for the purpose of subsection (10) of section 197, by producing a certificate of insurance, in form approved by the board, issued by an insurer authorized to transact insurance in the province, state or country in which the non-resident resides or formerly resided, as the case may require, if the insurer has filed with the Superintendent of Insurance, in the form prescribed by him:

(a) a power of attorney authorizing the Superintendent of Insurance to accept service of notice or process for itself and for its insured in any action or proceeding arising out of a motor vehicle accident in Saskatchewan;(b) an undertaking to appear in any such action or proceeding of which it has knowledge;(c) an undertaking that upon receipt from the Superintendent of Insurance of any notice or process served on him in respect of its insured, or in respect of its insured and another or others, it will forthwith cause the notice or process to be personally served on its insured; and(d) an undertaking not to set up a defence to any claim, action or proceeding under a motor vehicle liability policy issued by it that might not be set up if the policy had been issued in Saskatchewan in accordance with the law of Saskatchewan relating to motor vehicle liability policies, and to satisfy, up to the limits of liability stated in the policy, any judgment rendered and become final against it or its insured by a court in Saskatchewan in any such action or proceeding.

R.S.S. 1965, c.377, s.177; R.S.S. 1978, c.V-3, s.187.

Chauffeurs or members of owner’s family188 If the board finds that a driver was, at the time of an offence for which he is convicted, employed by the owner of the motor vehicle involved therein as motor vehicle operator or chauffeur, whether or not so designated, or was a member of the family or household of the owner, and that there was no motor vehicle registered in Saskatchewan in the name of the driver as an owner, then, if the owner of the motor vehicle submits to the board, which is hereby authorized to accept it, proof of his financial responsibility, as provided by this Part, the operator, chauffeur or other person shall be relieved from the requirement of giving proof of financial responsibility on his own behalf.

R.S.S. 1965, c.377, s.178; R.S.S. 1978, c.V-3, s.188.

Voluntary filing of proof of financial responsibility189(1) An owner’s registration or a licence, or, in the case of a non-resident, the privilege of operating a motor vehicle in Saskatchewan, or the privilege of operating within Saskatchewan a motor vehicle owned by a non-resident, shall not be suspended or withdrawn if the owner, licensee or non-resident has voluntarily filed or deposited with the board, prior to an offence or accident, out of which any conviction, judgment or order arises, proof of financial responsibility that, at the date of the conviction, judgment or order, is valid and sufficient for the requirements of this Part.

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(2) The board shall receive and record proof of financial responsibility voluntarily offered, and if any conviction or judgment against such person is thereafter notified to the board that, in the absence of proof of financial responsibility, would have caused the suspension of the operator’s, chauffeur’s or instructor’s licence or owner’s registration, the board shall forthwith notify the insurer or surety of such person of the conviction or judgment so reported.

R.S.S. 1965, c.377, s.179; R.S.S. 1978, c.V-3, s.189.

Form of policy and duties of insurer190(1) A motor vehicle liability policy referred to in this Part shall be in the form prescribed by The Saskatchewan Insurance Act for an owner’s policy or a driver’s policy, as the case may require, and approved thereunder by the Superintendent of Insurance for the purposes of this Part.(2) An insurer that has issued a motor vehicle liability policy shall, as and when the insured requests, deliver to him for filing, or file direct with the board, a certificate for the purpose of this Part.(3) The certificate when filed with the board shall be deemed to be a conclusive admission by the insurer that a policy has been issued in the form prescribed by subsection (1) and in accordance with the terms of the certificate.(4) Every insurer shall notify the board of the cancellation or expiry of any motor vehicle liability policy, for which a certificate has been issued, at least ten days before the effective date of the cancellation or expiry, and in the absence of such notice the policy shall remain in full force and effect.(5) Where a non-resident is a party to an action for damages arising out of a motor vehicle accident in the province, for which indemnity is provided by a motor vehicle liability policy, the insurer named in the policy shall, as soon as it has knowledge of the action from any source, and whether or not liability under the policy is admitted, notify the board in writing, specifying the date and place of the accident and the names and addresses of the parties to the action and of the insurer, which notification shall be open to inspection by parties to the action.(6) Notwithstanding anything in this Part, the board may decline to accept as proof of financial responsibility the certificates of any insurer that fails to comply with subsection (5).

R.S.S. 1965, c.377, s.180; R.S.S. 1978, c.V-3, s.190.

Default by insurer of non-resident191 If an insurer that has filed the documents described in section 187 defaults thereunder, its certificates shall not thereafter be accepted as proof of financial responsibility under this Part so long as default continues, and the board shall forthwith notify the Superintendent of Insurance and the registrar of motor vehicles, or the officer or officers, if any, in charge of the registration of motor vehicles and the licensing of operators and chauffeurs in all provinces and states where the certificates of that insurer are accepted as proof of financial responsibility.

R.S.S. 1965, c.377, s.181; R.S.S. 1978, c.V-3, s.191.

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Application of bond, money or securities192(1) The bond, money or securities filed or deposited pursuant to the foregoing sections, shall be held by the Minister of Finance or the board, as the case may be, as security for payment of any judgment that may be obtained against the owner, operator, chauffeur or instructor filing the bond or making the deposit, in an action arising out of damage caused, after the filing or deposit, by the driving of a motor vehicle, owned by the owner, or driven by the operator, chauffeur or instructor, or by any other person for whose negligence the owner, operator, chauffeur or instructor is found liable.(2) Money and securities deposited with the Minister of Finance shall be paid or handed over by him on the order of the court or a judge thereof to satisfy a judgment recovered in the court for damages for personal injuries or death, or damage to property , occurring after the deposit, but the money or securities shall not be subject to any other claim or demand.

R.S.S. 1965, c.377, s.182; R.S.S. 1978, c.V-3, s.192.

Action on bond193 If a judgment to which this Part applies is rendered against the principal named in the bond filed with the board and the judgment is not satisfied within fifteen days after it has been rendered , the judgment creditor may, for his own use and benefit and at his sole expense, bring an action on the bond to the extent thereof but no more, in the name of the Minister of Finance, and may, to the extent of the bond but no more, recover the amount of his judgment and costs against the person executing the bond, and the amount so recovered shall; on the order of the court in which the judgment is obtained, or a judge thereof, be paid over to the person recovering the judgment.

R.S.S. 1965, c.377, s.183; R.S.S. 1978, c.V-3, s.193.

Cancellation and return of security194(1) The board may cancel any bond or return any certificate of insurance, and the Minister of Finance may, at the request of the board, return any money or securities deposited pursuant to this Part as proof of financial responsibility, at any time after one year from the date of the original deposit thereof, provided that no action for damages is pending and no judgment is outstanding and unsatisfied in respect of personal injury or damage to property in excess of $100, resulting from the operation of a motor vehicle. A statutory declaration of the applicant under this section shall be sufficient evidence of the facts in the absence of evidence to the contrary in the records of the board.(2) The board may direct the return of any bond, money or security to the person who furnished it, upon the acceptance and substitution of other adequate proof of financial responsibility, pursuant to this Part.(3) The board may direct the return of any bond, money or security to the person who furnished it, at any time after one year from the date of the expiration or surrender of the last owner’s certificate or the last licence issued to that person:

(a) if no written notice has been received by the board within that period of any action brought against him in respect of the ownership, maintenance or operation of a motor vehicle; and

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(b) upon the filing by him with the board of a statutory declaration that he no longer resides in Saskatchewan, or that he has made a bona fide sale of all motor vehicles owned by him, naming the purchasers thereof, and that he does not intend to own or operate any motor vehicle in Saskatchewan within a period of one or more years.

R.S.S. 1965, c.377, s.184; R.S.S. 1978, c.V-3, s.194.

Return of certificate, licence and plates on suspension195 An owner, operator, or chauffeur whose certificate of registration or licence has been suspended, or whose policy of insurance or surety bond has been cancelled or terminated, or who fails to furnish proof of financial responsibility upon being required to do so, shall immediately deliver to the justice, or return to the board, the certificate of registration, his licence and the number plates, and if he does not do so the board may cause a peace officer or traffic officer to recover possession thereof, and the owner, operator a chauffeur is guilty of an offence and liable on summary conviction to a fine of not less than $10 nor more than $100 for each offence.

R.S.S. 1965, c.377, s.185; 1972, c.144, s.27; R.S.S. 1978, c.V-3, s.195.

Driver may drive for owner who has furnished proof196 If an operator or chauffeur is required to furnish proof of financial responsibility and his licence is or remains suspended solely on the ground of his failure to do so, the board may permit him to drive the motor vehicle of an owner who furnishes or has furnished proof of financial responsibility on his own behalf, but in that case the board shall endorse the licence to that effect, and the operator, or chauffeur shall not drive a motor vehicle other than one described in the licence unless and until he furnishes the proof required of him.

R.S.S. 1965, c.377, s.186; 1972, c.144, s.28; R.S.S. 1978, c.V-3, s.196.

Impounding of motor vehicles involved in accidents197(1) In this section “owner” includes any person, firm or corporation who or which has sold the motor vehicle under the terms of a conditional sale agreement or lien note upon which all or part of the purchase price remains unpaid, or to whom or to which a bill of sale by way of chattel mortgage thereon has been given in respect of which all or part of the money secured thereby remains unpaid and also includes an assignee of any such vendor or mortgagee.(2) For the purposes of this section proof of financial responsibility in respect of any vehicle may be given, in addition to any other manner authorized by this Part, by producing to the traffic officer, police officer or police constable seeking to impound the motor vehicle, or to the board if the occasion so requires, a financial responsibility card or a motor vehicle liability insurance card relating to the vehicle and subsisting at the time of the accident.(3) Where bodily injury to or the death of a person, or damage in an amount apparently exceeding $200 to property, results from an accident in which a motor vehicle is in any manner, directly or indirectly, involved, any traffic officer, police officer or police con stable present at the scene of the accident, or who arrives thereat while any or all of the motor vehicles so involved in the accident are still at the scene thereof, shall, subject to subsection (10) impound each motor vehicle so involved and require it to be taken:

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(a) if repairs are necessary and immediately desired by the owner, to such repair shop or garage as the owner may select, for the purpose of having it repaired; or(b) if repairs are not necessary or are not immediately desired by the owner, to such garage or storage place as the owner may select, unless otherwise required by the police, in which case the traffic officer, police officer or police constable may direct it to be taken to a garage or storage place maintained by a police force or other public authority, if such is available, and otherwise to a privately maintained garage or storage place designated by him, there to be kept at the expense of the owner of the motor vehicle.

(4) Where, pursuant to subsection (3), a motor vehicle has been taken to a repair shop, garage or storage place selected by the owner, a traffic officer, police officer or police constable, upon receipt of a written application by the owner, may, at the cost of the applicant, have the motor vehicle transferred to such other repair shop, garage or storage place as the applicant may select, and may give all necessary directions to that end; and shall, in that case, give to the owner, operator, manager or other person in charge of the repair shop, garage or other storage place to which the motor vehicle is transferred a notice as prescribed by subsection (8).(5) Where any or all of the motor vehicles directly or indirectly involved in the accident are not impounded as provided in subsection (3), if the accident is reported to, or otherwise comes to the attention of, a traffic officer, police officer or police constable, he shall, subject to subsection (10), forthwith impound each motor vehicle so involved, or report the matter to the officer in command in Saskatchewan of the Royal Canadian Mounted Police Force, who shall, subject as aforesaid, cause each of the motor vehicles to be impounded; and the person impounding the motor vehicle shall require it to be disposed of as provided in subsection (3) .(6) All costs and charges in respect of the care or storage of a motor vehicle impounded under this section shall be a lien thereon in favour of the keeper of the repair shop, garage or storage place, and he may sell the vehicle for the purpose of recovering the amount of the costs and charges. Subsections (2) and (3) of section 61 of The Mechanics’ Lien Act shall apply mutatis mutandis to the sale, the application of the proceeds of the sale and the disposition of any surplus moneys.(7) Where a motor vehicle is impounded under this section the person who impounds it shall, directly or through his superior officer, if any, in writing notify the board of the impoundment on a form prescribed by the board.(8) Where a motor vehicle impounded under this section is placed in a repair shop, garage or storage place, the person impounding the vehicle shall, in writing on a form prescribed by the board, notify the owner, operator, manager or other person in charge of the repair shop, garage or storage place that the motor vehicle is impounded and must not be removed or permitted to be removed or released from impoundment except upon the order of the board or of a traffic officer, police officer or police constable acting under subsection (4) .(9) Subject to subsection (4), no .person shall remove, or permit to be removed, from the place of impoundment or release from impoundment any motor vehicle impounded under this section except upon the written order of the board.

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(10) If the driver, owner or other person in charge of a motor vehicle that is in any manner, directly or indirectly, involved in an accident produces to a traffic officer, police officer or police constable seeking to impound the motor vehicle pursuant to this section proof of financial responsibility in the manner and for the amounts required by this Part, he shall not impound the motor vehicle unless by any other provision of this Act or by any other Act it is required to be impounded or unless it is required by the Crown as evidence in a prosecution for a criminal offence.(11) Where a motor vehicle has been impounded under this section and:

(a) the board is satisfied that at the time of the accident the motor vehicle was a stolen motor vehicle;(b) the only damage resulting from the accident is to the person or property of the owner or the driver or both; or(c) the driver, owner or other person in charge of the motor vehicle produces to the board proof of financial responsibility in respect of the motor vehicle, in effect at the time of the accident;

the board shall order the release of the motor vehicle from impoundment unless by any other provision of this Act or by any other Act it is required to be impounded or unless it is required by the Crown as evidence in a prosecution for a criminal offence.(12) Where the owner of a motor vehicle impounded under this section gives proof of satisfaction of claims for damages up to the amounts mentioned in subsection (2) of section 182 or furnishes to the board security, in the form and amount determined by the board, for the payment of such claims up to those amounts and in either case gives proof of financial responsibility in the manner and for the amounts required by this Part, the board shall upon the application of the owner, order the release of the motor vehicle from impoundment:Provided that if the motor vehicle is not, and is not required to be, registered under this Act, the board shall order the release thereof:

(a) upon the owner giving such proof of satisfaction of claims for damages or furnishing such security and giving to the board a written undertaking signed by him that he will not drive the motor vehicle in Saskatchewan other than to drive it directly and immediately from the place of impoundment to the boundary of the province on such day and over such highway as the board may specify; or(b) upon the owner satisfying the board that he is insured, under a motor vehicle liability policy issued by an insurer satisfactory to the board, in amounts not less than those mentioned in section 185.

(13) If a motor vehicle is driven on a public highway contrary to an undertaking given under clause (a) of the proviso to subsection (12), the owner and the driver thereof are each guilty of an offence and liable on summary conviction to a fine of not less than $50 nor more than $200 and, in addition, to imprisonment for a term not exceeding thirty days; and the board may order the motor vehicle to be impounded until the owner thereof gives proof of financial responsibility in the manner and for the amounts required by this Part.

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(14) Where the owner of a motor vehicle impounded under this section satisfies the board that he has in good faith sold it, subject only to its being released from impoundment, and that he has not directly or indirectly retained any right to use the motor vehicle or to control the use thereof, the board may, upon the application of the owner and upon his giving proof of satisfaction of claims for damages up to the amounts mentioned in subsection (2) of section 182, order the release of the motor vehicle from impoundment.(15) Where a motor vehicle is impounded under this section and the owner fails to give proof of satisfaction of claims or to furnish security and in either case to give proof of financial responsibility, or fails to give proof of satisfaction of claims or to furnish security and in either case to give an undertaking, as provided in subsection (12):(a) if six months have elapsed since the date of the accident and no notice that an action for the recovery of damages resulting from the accident has been commenced and is pending has been filed with the board; or(b) if such notice has been filed with the board and proof has been given to its satisfaction that:

(i) the action has been decided in favour of the owner and that no appeal against the judgment is pending or any appeal against the judgment has been dismissed;(ii) any judgment recovered against the owner has been satisfied or settled; or(iii) the action has not been brought to trial within twelve months after it was begun;

the board shall order the release of the motor vehicle from impoundment.(16) Where judgment has been recovered in an action against the owner of a motor vehicle impounded under this section and the motor vehicle has been seized under a writ of execution issued to enforce the judgment, the board shall order that the motor vehicle be released to the person making the seizure.(17) Where judgment has been recovered in an action against the owner of a motor vehicle impounded under this section and the motor vehicle has been released from impoundment upon the furnishing of security under subsection (12) and the security has been seized under a writ of execution issued to enforce the judgment, the board shall release the security to the person making the seizure; provided that where the amount of the security is greater than the amount required to satisfy the judgment the board shall release only a portion of the security sufficient to satisfy the judgment and shall return the remainder to the person who furnished the security.(18) Where the board is satisfied by a certificate signed by a qualified mechanic, or by such other written evidence as it deems sufficient, that a motor vehicle impounded under this section:

(a) is so damaged that it is impracticable to repair it so that it can be driven on a public highway; or(b) is worth not more than $100;

the board may, in a case to which clause (a) applies, order the release of the motor vehicle from impoundment and, in a case to which clause (b) applies, authorize the keeper of the repair shop, garage or storage place in which the motor vehicle is impounded to sell it as provided in subsection (19) .

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(19) Upon receipt of an authorization under subsection (18), the person authorized may, if the motor vehicle mentioned therein has been stored for not less than thirty days in a repair shop, garage or storage place operated by him, sell the motor vehicle after having given the owner thereof ten days’ written notice of his intention to do so, and he shall apply the proceeds of the sale in payment of the amount due to him and pay any surplus to the person entitled thereto.

R.S.S. 1965, c.377, s.187; R.S.S. 1978, c.V-3, s.197.

Reciprocal application of legislation of other jurisdictions198(1) Where the law in force in a province or territory of Canada or in a state, hereinafter in this section and in section 199 called the “other jurisdiction”, contains provisions that, in the opinion of the Lieutenant Governor in Council, are similar to those set out in section 197, this section and section 199, the Lieutenant Governor in Council may upon the report of the board authorize the Minister of Finance on behalf of the Government to enter into an agreement with the proper minister or public officer or other proper authority on behalf of the other jurisdiction or the executive government thereof for the reciprocal application, as hereinafter provided:

(a) of section 197, this section and section 199, or of such parts thereof as may be specified in the agreement, to motor vehicles registered in the other jurisdiction and the owners, drivers and persons in charge thereof; and(b) of the provisions in the legislation of the other jurisdiction that are similar to section 197 , this section and section 199, or of such parts thereof as may be specified in the agreement, to motor vehicles registered in Saskatchewan and the owners, drivers and persons in charge thereof.

(2) On the making of an agreement under subsection (1), the Lieutenant Governor in Council may by order declare that on and after a date to be fixed by the order section 197, this section and section 199, or such parts thereof as may be specified in the order, shall apply to motor vehicles registered in the other jurisdiction and to the owners, drivers and persons in charge thereof.(3) An order made under subsection (2) shall be published forthwith in the Gazette.(4) Where an order is made under subsection (2), if the driver, owner or other person in charge of a motor vehicle registered in the other jurisdiction that is subject to impoundment under section 197 produces, as provided in subsection (10) of section 197, a card similar to a financial responsibility card or similar to a motor vehicle liability insurance card, issued under the legislation of the other jurisdiction, and to which the legislation of the other jurisdiction similar to this section applies, subsections (10) and (11) of section 197 shall apply as if he had produced a financial responsibility card or a motor vehicle liability insurance card.

R.S.S. 1965, c.377, s.188; R.S.S. 1978, c.V-3, s.198.

Penalty for producing false proof of financial responsibility199(1) A person who produces to a traffic officer, police officer or police constable or to the board:

(a) a financial responsibility card or a motor vehicle liability insurance card purporting to show that at the time of an accident in which a motor vehicle was in any manner, directly or indirectly, involved there was in force:

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(i) a policy of insurance; or(ii) a certificate of insurance issued pursuant to The Automobile Accident Insurance Act;

that was, in fact in force;(b) a financial responsibility card purporting to show that he is at that time maintaining in effect proof of financial responsibility as required by this Act when such is not the case; or(c) a financial responsibility card purporting to show that the person named in the card as the insured is, at the time of an accident in which a motor vehicle is in any manner, directly or indirectly, involved, insured in respect of loss resulting from that accident and occasioned by the operation or use of that motor vehicle, when such is not the case;

is guilty of an offence and liable on summary conviction, if an individual, to a fine of not less than $50 nor more than $200 and to imprisonment for a term not exceeding thirty days, and, if a corporation, to a fine of not less than $200 nor more than $1,000.(2) Where an order is made under subsection (2) of section 198, if a person produces, as mentioned in subsection (1) of this section, a card to which subsection (4) of section 198 applies for any of the purposes, and under any of the circumstances, mentioned in clause (a), (b) and (c) of subsection (1) of this section:

(a) the board, on the matter being brought to its attention, shall forthwith report the facts to the Registrar of Motor Vehicles, or other person, in the other jurisdiction responsible for the administration of the legislation thereof similar to this section; and(b) the person shall be deemed to have committed an offence under subsection (1) of this section and shall be subject to the penalty therein provided.

R.S.S. 1965, c.377, s.189; R.S.S. 1978, c.V-3, s.199.

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PART VII

Fees and ExpensesFees

200(1) The Lieutenant Governor in Council may make orders prescribing the fees and charges that shall be payable to the board under this Act.(2) No reduction in the amount of the annual fees prescribed under subsection (1) shall become effective before the first day of August in the year in which the reduction is ordered.(3) Without limiting the generality of subsection (1), the Lieutenant Governor in Council may make orders:

(a) classifying vehicles according to the use, passenger capacity, design or any other characteristics of the vehicles;(b) establishing a tariff of fees payable for the registration with the board of:

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(i) any vehicle or class or classes of vehicles;(ii) any vehicle in combination with any vehicle or combination of vehicles;

(c) providing for the registration of any vehicle or class or classes of vehicles or any vehicle in combination with any other vehicle or combination of vehicles on any terms or conditions of operation of the vehicles or class or classes of vehicles or vehicle in combination with any vehicle or combination of vehicles.

1974-75, c.60, s.2; R.S.S. 1978, c.V-3, s.200.

Recovery of fees, etc.201 Notwithstanding anything in this or any other Act or that the board has suspended or revoked a certificate, licence or permit or has caused a plate or plates to be returned to it or has impounded a motor vehicle, any fee or charge payable under this Act or any former Vehicles Act or the regulations under this Act or any former Vehicles Act may be recovered by action.

R.S.S. 1965, c.377, s.191; R.S.S. 1978, c.V-3, s.201.

Refunds of fees202 The board may, subject to retention of such portion of the moneys paid as shall reimburse the board for relevant work and expense, authorize refunds of fees paid for registrations, transfers or exchanges where the issue of certificates or the registration of transfers or exchanges has not been completed.

R.S.S. 1965, c.377, s.192; R.S.S. 1978, c.V-3, s.202.

Fees, etc., deposited in consolidated fund203 All fees and other moneys collected under this Act shall be deposited in the consolidated fund.

R.S.S.1965, c.377, s.193; R.S.S. 1978, c.V-3, s.203.

Expenses of board204 The expenses of the board shall be paid out of such sums as may be appropriated by the Legislature for the purpose.

R.S.S. 1965, c.377, s.194; R.S.S. 1978, c.V-3, s.204.

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PART VIII

MiscellaneousUse of bills of lading, express recipients and passenger tickets

205(1) Every person who is the holder of a certificate of registration of a public service vehicle, or who operates a public service vehicle, used for the transportation of freight shall use a form of bill of lading approved by the board.

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(2) Every person who is the holder of a certificate of registration of a public service vehicle, or who operates a public service vehicle, used for the transportation of express freight over a specified route shall use a form of express receipt approved by the board and the express receipt shall accompany each shipment.(3) Every person who is the holder of a certificate of registration of a public service vehicle, or who operates a public service vehicle, used for the transportation of passengers over a specified route shall use only tickets approved by the board.(4) The board may, after an examination of the circumstances, exempt any person from the requirements of subsections (1) and (2).

R.S.S. 1965, c.377, s.1951; R.S.S. 1978, c.V-3, s.205.

Records 206(1) Every person required to use bills of lading or express receipts under section 205 shall retain a copy of every such document issued for at least one year from the date of issue thereof.(2) Every person required by this Act to keep records, books or accounts shall retain the records, books or accounts for a period of at least one year from the date of the last entry therein.(3) All records, books, accounts or documents required by this Act to be kept shall at all times during business hours be open to the inspection of the board or its appointed representatives and no person shall refuse to allow the board or its representatives access to any such records, books, accounts or documents or to produce them for inspection when requested to do so.

R.S.S. 1965, c.377, s.196; R.S.S. 1978, c.V-3, s.206.

Time schedules to be observed207 Every holder of a certificate issued under this Act who operates a public service vehicle over a specified route or routes shall, insofar as road conditions permit, operate in accordance with the approved schedule of arrival at and departure from each point.

R.S.S. 1965, c.377, s.197; R.S.S. 1978, c.V-3, s.207.

Holder of certificate not to discontinue service208(1) No holder of a public service vehicle certificate shall, without the authority of the board, abandon or discontinue any service established thereunder, except as provided in subsection (3) or in the regulations.(2) Subject to subsection (1), if the holder of a certificate abandons or discontinues in whole or in part any service established by virtue thereof, without the authority of the board, the certificate may be revoked by the board.(3) If at any time, in the opinion of the Minister of Highways and Transportation, a public highway is being or would be damaged by the operation thereon of a vehicle, he may request the board to order an immediate discontinuance of such operation for such time as he considers advisable, and the board shall so order.

R.S.S. 1965, c.377, s.198; R.S.S. 1978, c.V-3, s.208.

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Applications of sections 27, 34(1), and 116209(1) Section 27, subsection (1) of section 34 and section 116 do not apply to a motor vehicle owned and operated by a city.(2) Sections 27 and 116 do not apply to the holder of a public service vehicle certificate of registration whose principal business is the operation of a taxi service within a city, town or village.(3) Section 27 does not apply to the holder of a certificate of registration of a public service vehicle operated principally in that part of the province lying north of township 70 or to a passenger on or a person who ships goods by such vehicle.

R.S.S. 1965, c.377, s.199; R.S.S. 1978, c.V-3, s.209.

Suspension of application of sections 65 and 70210(1) The board may at any time suspend for a stated period or revoke the application of section 65 or section 70 or both with respect to any person under the same circumstances and in the same manner as it may suspend, cancel or revoke a registration, certificate or licence issued under this Act(2) Where the board, in the exercise of the authority conferred on it by subsection (1), suspends or revokes the application of section 65 with respect to any person, it may, by a written permit signed by the chairman of the board or any person lawfully acting on his behalf, authorize the operation of any motor vehicle affected by the suspension or revocation to the boundary of the province by a route and by the person named in the permit.(3) A person with respect to whom the application of section 70 is suspended or revoked shall not:

(a) in the case of suspension, during the period of suspension;or

(b) in the case of revocation, during the period specified by the board at the time of revocation;

apply for a driver’s licence. R.S.S. 1965, c.377, s.200; 1972, c.144, s.29; 1976-77, c.99, s.27; R.S.S. 1978, c.V-3, s.210.

Alteration of schedule of tolls or rates211 Except with the consent of the board, no person shall alter any schedule of tolls or rates prescribed or approved by the board.

R.S.S. 1965, c.377, s.201; R.S.S. 1978, c.V-3, s.211.

Signs and particulars to be exposed on vehicles and in premises of owners212(1) All public service vehicles while in operation on chartered trips shall have exposed on the front thereof a sign marked “chartered” and the driver shall have the permit, issued under section 53, in his possession and shall produce it on demand.(2) A truck or power unit registered as a public service vehicle shall have painted on each side in legible letters not less than four inches in height the name and address of the holder of the certificate of registration of the truck or power unit

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(3) In or on each public service vehicle and on the premises of the holder of the certificate of registration of the vehicle there shall be prominently displayed the schedule of times and tolls or rates approved by the board.(4) The sign and particulars referred to in subsections (1) and (2) shall at all times be kept well painted, clean and legible.(5) The requirements of subsection (2) with respect to the name of the holder of the certificate of registration shall be deemed to be complied with if an abbreviation of the name, or a reproduction not less than six inches in height of the holder’s trade mark, is substituted.

R.S.S. 1965, c.377, s.202; 1967, c.82, s.39; R.S.S. 1978, c.V-3, s.212.

Gross weight not to be exceeded213 Unless authorized by a permit granted under this Act, no person by himself or by an agent or employee shall operate a vehicle or combination of vehicles in contravention of any term or condition of operation of the vehicle or combination of vehicles prescribed under clause (c) of subsection (3) of section 200 in respect of the vehicle or combination of vehicles.

1974-75, c.60, s.3; R.S.S. 1978, c.V-3, s.213.

Prohibition against certain operations of public service vehicles214 No person, by himself or by an agent or employee, shall operate a public service vehicle off the route or outside the area described or stated in the certificate of registration of the vehicle, without a permit issued by the board specifically authorizing him to do so.

R.S.S. 1965, c.377, s.204; R.S.S. 1978, c.V-3, s.214.

Prohibitions215(1) Subject to section 53, no person shall operate or cause to be operated for compensation a motor vehicle, trailer or semi-trailer that does not belong to a class of vehicles that may, pursuant to regulation of the board, be operated for compensation, and no person shall pay compensation for such operation.(2) Subject to section 53, no person shall operate or cause to be operated a motor vehicle, trailer or semi-trailer for any purpose other than or in addition to one or more of the purposes authorized by regulation of the board for the class of vehicles to which the vehicle operated or caused to be operated belongs, and no person shall pay compensation for such operation.(3) A person who violates any provision of subsection (1) or (2) is guilty of an offence and liable on summary conviction, in case of the first offence, to a fine of not less than $25 nor more than $100 and, in case of a subsequent offence, to a fine of not less than $50 nor more than $250, and in either case, in default of payment to imprisonment for a term not exceeding two years, or to both fine and imprisonment.

R.S.S. 1965, c.377, s.205; R.S.S. 1978, c.V-3, s.215.

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Presumption216 The fact that a certificate of registration bears the title “Commercial Vehicle Certificate of Registration”, “Public Service Vehicle Certificate of Registration”, “Farm Truck Certificate of Registration”, “Power-unit Certificate of Registration” or “Private Trailer Certificate of Registration” or other words of like intent shall be prima facie evidence that the vehicle described in the certificate has been classified by and registered with the board in the class indicated by the title.

R.S.S. 1965, c.377, s.206; R.S.S. 1978, c.V-3, s.216.

Prohibition against driving certain vehicles without keeping log217(1) A holder of a certificate of registration who is required by the regulations to use a driver’s log shall not permit a driver in his employ to drive the motor vehicle described in the certificate unless the driver keeps a driver’s log in accordance with the regulations.(2) Where the holder of a certificate of registration is required by the regulations to use a driver’s log, no person shall drive the motor vehicle described in the certificate unless he keeps a driver’s log in accordance with the regulations.

R.S.S. 1965, c.377, s.207; R.S.S. 1978, c.V-3, s.217.

Prohibition against certain persons driving, etc., in excess of time prescribed by regulations

218(1) A holder of a certificate of registration to whom the regulations governing hours of employment of drivers apply shall not permit or require a driver in his employ to remain on duty or drive the motor vehicle described in the certificate, during any period of time specified in the regulations, for a greater number of hours than that prescribed by the regulations.(2) Such holder shall not remain on duty or drive the motor vehicle described in the certificate, during any period of time specified in the regulations, for a greater number of hours than that prescribed by the regulations.(3) A person employed by such holder shall not remain on duty or drive the motor vehicle described in the certificate, during any period of time specified in the regulations, for a greater number of hours than that prescribed by the regulations.

R.S.S. 1965, c.377, s.208; R.S.S. 1978, c.V-3, s.218.

Municipal fees219(1) No city, town, village or rural municipality shall impose any fee or charge upon a person who holds a public service vehicle certificate under this Act except a business or property tax in cases where the certificate holder maintains an office.(2) Subsection (1) does not apply to the holder of a public service vehicle certificate the major portion of whose revenue from the operation of a taxi or dray service is secured from the operation of that service within a city, town or village.

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(3) If, in a prosecution of an operator of a taxi or dray service for non-payment of a licence fee imposed by a city, town or village or in an action by a city, town or village for recovery from such operator of a licence fee, it is proved that he derives some portion of his revenue from the operation of a taxi or dray service from operations within the municipality, then it shall be presumed that he derives the major portion of such revenue from that source, unless it is proved to the contrary.

R.S.S. 1965, c.377, s.209; R.S.S. 1978, c.V-3, s.219.

Municipal bylaws220(1) No bylaw of a city, town, village or rural municipality heretofore or hereafter passed, regulating vehicles, the parking of vehicles or the use of public highways, shall have any effect unless it is approved by the board but where any such bylaw has heretofore been approved in accordance with any former Vehicles Act or any former Act of like intent, it shall, insofar as it is not inconsistent with this Act, be deemed to have been approved by the board under this subsection.(2) Where, in the opinion of the board, it is in the public interest, in a city, town, village or rural municipality, to vary the traffic regulations contained in this Act, the board may approve a bylaw containing such variation, in which case the bylaw shall supersede those regulations, and it shall not on that account be open to question or review.(3) Where a provision of a bylaw of a city, town, village or rural municipality, heretofore or hereafter passed, has the same meaning as a provision of this Act, the last mentioned provision governs and the provision of the bylaw is ineffective notwithstanding any approval thereof by the board, and any such approval is annulled.(4) Subject to subsection (3), a certificate by the clerk or secretary treasurer of a municipality, under his hand and the seal of the municipality, specifying the bylaw and stating that it has been approved by the board and the date of the approval, shall be prima facie evidence that the bylaw has been so approved and of authority to approve it.


Operation of vehicle with plates for following registration year221 Notwithstanding anything in this Act respecting registration and number plates, a motor vehicle, trailer or semi-trailer may be operated on a public highway on and after the fifteenth day of March in any registration year if the vehicle has affixed thereto a number plate or plates, as the case may require, issued by the board in respect of the following registration year.

R.S.S. 1965, c.377, s.211; R.S.S. 1978, c.V-3, s.221.

Driving with licence for following licence year222 Notwithstanding anything in this Act respecting licences, a person may drive a motor vehicle on a public highway on and after the fifteenth day of March in any licence year if he holds a licence for the following licence year.

R.S.S. 1965, c.377, s.212; R.S.S. 1978, c.V-3, s.222.

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Notice of change of name or address223(1) Where the name of a holder of a certificate of registration, licence or permit is changed under The Change of Name Act or as a result of marriage, or otherwise, or where such holder changes his place of residence, he shall within fifteen days thereafter send to the board by registered mail, or file with the board, a written notice setting forth his new name or new address and return to the board all certificates of registration, licences and permits held by him.(2) Upon receipt of the notice and the certificates, licences and permits mentioned in subsection (1), the board shall make the appropriate alterations in the certificates, licences and permits and return them to the holder.

R.S.S. 1965, c.377, s.13; R.S.S. 1978, c.V-3, s.223.

Compliance with municipal licensing bylaws224 Nothing in this Act shall relieve any person, nor shall the issue of a licence under this Act relieve the licensee, from compliance with any licensing bylaw of a city, town, village or rural municipality passed under statutory authority.

R.S.S. 1965, c.377, s.214; R.S.S. 1978, c.V-3, s.224.

Observance of weight restricting regulation, order or bylaw225 Nothing in this Act shall relieve any person, nor shall the issue of a certificate or registration under this Act relieve the holder of the certificate, or his agent or employee, from observance of or compliance with any weight restricting regulation, order or bylaw made or passed under statutory authority.

R.S.S. 1965, c.377, s.215; R.S.S. 1978, c.V-3, s.225.

Power to except certain non-residents from application of Act226 The Lieutenant Governor in Council may by regulation except, subject to the conditions, if any, set forth in the regulation, the owners of any class or classes of motor vehicles who are ordinarily resident in any province, state or country, other than Saskatchewan, specified in the regulation, from the application, wholly or partly, of this Act or any Part or section thereof.

R.S.S. 1965, c.377, s.216; R.S.S. 1978, c.V-3, s.227.

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______________

PART IX

Enforcement ProvisionsPower to prohibit operation of certain vehicles

227 Subject to the regulations made under section 229, upon receipt of a report that a motor vehicle, trailer or semi-trailer is unfit or unsafe for transportation, or is not equipped in accordance with this Act, the board may after investigation prohibit the operation of the vehicle on the public highway until it receives a certificate by the owner of a garage that the necessary repairs or additions to equipment have been made and that in his opinion the vehicle may be operated on the public highway without being a source of danger to passengers or the public, and no person shall operate the vehicle on the public highway until the board receives the certificate.

R.S.S. 1965, c.377, s.217; 1967, c.82, s.41; R.S.S. 1978, c.V-3, s.227.

Power of certain officers to examine and test228(1) Every police officer or police constable and every traffic officer appointed for the purpose of enforcing this Act may require a driver of a motor vehicle to submit the motor vehicle, together with its equipment and the trailer or semi-trailer, if any, attached thereto, to such examination and tests as the police officer, police constable or traffic officer may deem expedient.(2) If the vehicle, equipment, trailer or semi-trailer is found to be unfit or unsafe for transportation or dangerous to passengers or the public, the police officer, police constable or traffic officer making the examination or tests may require the driver of the vehicle to have the vehicle, equipment, trailer or semi-trailer placed in a safe condition and may order that the vehicle, trailer or semi-trailer be removed from the public highway and may prohibit the operation thereof on the public highway until the vehicle, equipment, trailer or semi-trailer has been rendered fit and safe for transportation.(3) A driver of a motor vehicle who fails to comply with a requirement under subsection (1) or a requirement or an order under subsection (2) or who, in contravention of a prohibition under subsection (2) , operates the vehicle, equipment, trailer or semi-trailer on the public highway before it has been rendered fit and safe for transportation is guilty of a violation of this Act.

R.S.S. 1965, c.377, s.218; R.S.S. 1978, c.V-3, s.228.

Periodic examinations of vehicles229(1) The owner of a vehicle registered under this Act shall submit the vehicle together with its equipment to such periodic examinations and tests as are required by the regulations and the board may prohibit the operation of a vehicle that does not pass the examinations and tests.(2) Subsection (1) is repealed on the day on which the section immediately following this section comes into force.

R.S.S. 1965, c.377, s.219; 1967, c.82, s.42; R.S.S. 1978, c.V-3, s.229.

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Note Please see the note at the end of the section immediately following this section.

Inspection of motor vehicles, etc.229(1) Subject to the approval of the Lieutenant Governor in Council, the director may make regulations:

(a) for the inspection of motor vehicles, trailers and semi-trailers operated on any public highway;(b) for the inspection of motor vehicles, trailers and semi trailers before they may be offered for sale by any person or a dealer;(c) prescribing the method and manner of examining and testing motor vehicles, trailers and semi-trailers;(d) prescribing the criteria for the certification of inspection stations;(e) prescribing the criteria for the certification of inspection mechanics;(f) prescribing the fees, if any, for the certification of inspection stations and mechanics;(g) prescribing the fees to be charged for the inspection of motor vehicles, trailers and semi-trailers; and(h) such other matters necessary to give effect to the intent of this subsection.

(2) Subject to subsection (3), no person shall:(a) operate or cause to be operated a motor vehicle, trailer or semi-trailer upon a public highway; or(b) sell a used motor vehicle, trailer or semi-trailer;

unless it has displayed thereon a current inspection sticker issued in accordance with the regulations under this section.(3) Subject to the approval of the Lieutenant Governor in Council, the director may exempt any class or types of motor vehicles, trailers and semi-trailers from the requirements of this section.(4) This section comes into force on a day to be fixed by proclamation of the Lieutenant Governor.

1969, c.72, s.12; R.S.S. 1978, c.V-3, s.229.

Note Pursuant to section 12 of An Act to amend The Vehicles Act, chapter 72 of the Statutes of 1969, section 219 of The Vehicles Act was repealed and a new section 219 was substituted. Chapter 72 of the Statutes of 1969 provided that section 12 which effected the repeal and substitution would come into force on a day fixed by proclamation of the Lieutenant Governor. At the time of the coming into force of these Revised Statutes such a proclamation had not been issued.Section 219 as so repealed and section 219 as so substituted appear above as the two sections numbered 229. The first section appearing as number 229 remains in force until repealed by the coming into force of the section numbered 229 appearing before this note.

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Seizure or vehicles illegally operated or stopped230(1) A traffic officer, police officer or police constable may, without warrant, seize any vehicle that, in his opinion:

(a) is being operated in violation of this Act;(b) has been stopped on a public highway contrary to section 158; or(c) is parked on a public highway at such place or in such manner as to constitute a hazard to other persons using the highway;

and may retain it in his possession or store it in a suitable place until the expenses of the seizure and the retention or storage are paid.(2) Where a vehicle has been seized under subsection (1) no person shall take it out of the possession of the person making the seizure or remove it from the place in which it has been stored, without the written consent of a traffic officer, police officer or police constable.(3) The expenses mentioned in subsection (1) are a lien upon the vehicle seized and if the owner of the vehicle cannot after reasonable inquiry be found or if he fails to pay the expenses within fourteen days after the day on which a notice requiring him to do so has been served on him or sent to him by registered mail the vehicle may be sold for the purpose of recovering the expenses, and subsections (2) and (3) of section 61 of The Mechanics’ Lien Act shall apply mutatis mutandis to the sale, the application of the proceeds of the sale and the disposition of any surplus moneys.

R.S.S. 1965, 377, s.220; R.S.S. 1978, c.V-3, s.230.

Information to be furnished231 Every person to whom a certificate or licence has been issued under this Act shall furnish any traffic officer, police officer or police constable, upon request, with such information as he requires in the fulfilment of his duties.

R.S.S. 1965, c.377, s.221; R.S.S. 1978, c.V-3, s.231.

Drivers to stop on request or officer232 Every person driving a vehicle shall, upon being requested or signalled so to do by a traffic officer, police officer or police constable, stop the vehicle and, upon request, furnish him with such information as he requires in the fulfilment of his duties.

R.S.S. 1965, c.377, s.222; R.S.S. 1978, c.V-3, s.232.

Traffic tickets 233(1) An information may be laid and a summons issued by means of a traffic ticket in accordance with this section instead of the procedure set out in the Criminal Code for laying an information and issuing a summons, for a violation of any of the provisions of:

(a) this Act or the regulations;(b) the Highways Act or the regulations made thereunder;(c) a bylaw made under The Wascana Centre Act controlling traffic or regulating the speed or parking of vehicles in Wascana Centre;

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(d) a bylaw of a city, town, village or rural municipality regulating vehicles or the use of public highways and approved by the board under section 220.

(2) A traffic ticket shall be in four parts, as follows:(a) information;(b) report of conviction; (c) police record;(d) summons.

(3) The board may make regulations:(a) prescribing the form of traffic ticket;(b) defining any word or expression used in the regulations;(c) authorizing the use on a traffic ticket of any word or expression to designate an offence under:

(i) this Act or the regulations;(ii) The Highways Act or the regulations made thereunder; (iii) a bylaw made under The Wascana Centre Act controlling traffic or regulating the speed or parking of vehicles in Wascana Centre;(iv) a bylaw of a city, town, village or rural municipality regulating vehicles or the use of public highways and approved by the board under section 220;

(d) respecting any matter that the board deems necessary to provide for the use of traffic tickets.

(4) The use on a traffic ticket of a word or expression authorized by a regulation made under this section to designate an offence under:

(a) this Act or the regulations;(b) The Highways Act or the regulations made thereunder; (c) a bylaw made under The Wascana Centre Act controlling traffic or regulating the speed or parking of vehicles in Wascana Centre;(d) a bylaw of a city, town, village or rural municipality regulating vehicles or the use of public highways and approved by the board under section 220;

shall be deemed sufficient for all purposes to describe the offence designated by that word or expression.(5) A traffic officer, police officer or police constable shall indicate the offence to be charged by placing on the traffic ticket, a cross, thus “X”, in the box applicable to the description of the offence to be charged as set out in the traffic ticket, or if the offence to be charged does not appear on the traffic ticket he shall indicate the offence in the space provided for that purpose on the traffic ticket.(6) Upon completing a traffic ticket and affixing his signature thereto in the space provided for that purpose, the traffic officer, police officer or police constable shall deliver the part of the traffic ticket constituting the summons to the person to be charged with an offence and such delivery shall be deemed to be personal service of the summons upon the person to be charged with an offence.

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(7) Where the part of a traffic ticket constituting the summons is not delivered by a traffic officer, police officer or a police constable in accordance with subsection (6), the part of the ticket constituting the information may be used to lay an information before a judge of the magistrates’ courts or a provincial magistrate or justice of the peace, in which case the summons may, for the purpose of information only, be attached to the summons issued by the judge of the magistrates’ courts or a provincial magistrate or justice of the peace.(8) The part of a traffic ticket constituting the information shall:

(a) either before or after delivery of the part of the ticket constituting the summons to the person to be charged, be signed by an informant and the facts therein set forth sworn to before a judge of the magistrates’ courts or a provincial magistrate or justice of the peace; and(b) be deposited, together with the part of the traffic ticket constituting the report of conviction, with a judge of the magistrates’ courts or a provincial magistrate or justice of the peace.

(9) Failure to set forth in a traffic ticket any information respecting age, birthday, occupation or other similar information called for by the ticket does not invalidate the ticket or any part thereof.

R.S.S. 1965, c.377, s.223; R.S.S. 1978, c.V-3, s.233.

Report of convictions234(1) Every provincial magistrate and justice of the peace by whom a person holding, or required by this Act to hold, a certificate of registration, an operator’s, chauffeur’s, or learner’s licence is convicted of a violation of this Act or section 233, 234, 235, 238 or 295 of the Criminal Code or of a provision of a bylaw made pursuant to The Wascana Centre Act applicable to motor vehicles in operation or of a provision of a bylaw of a city, town, village or rural municipality applicable to motor vehicles in operation shall forthwith forward to the board particulars of the conviction.(2) Where, in a case to which subsection (1) applies, the information has, under section 233, been laid by means of a traffic ticket, the provincial magistrate or justice of the peace shall furnish particulars of the conviction by forthwith forwarding to the board the part of the traffic ticket constituting the report of conviction, duly completed.


Presumption of authority of traffic officer235 In a prosecution under any provision of this Act the fact that a person purports to act or has purported to act as a traffic officer shall be prima facie evidence of his appointment and authority so to act.

R.S.S. 1965, c.377, s.225; R.S.S. 1978, c.V-3, s.235.

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Enforcement of Highways Act by traffic officers236 Every traffic officer heretofore or hereafter appointed for the purpose of enforcing this Act shall be deemed to have been and to be appointed also for the purpose of enforcing The Highways Act and the regulations thereunder relating to vehicles and shall act accordingly, under the direction of the minister; and the board may make such regulations as it deems advisable for the purpose of carrying out this section.

R.S.S. 1965, c.377, s.226; 1967, c.82, s.44; R.S.S. 1978, c.V-3, s.236.

Certificate of speedometer tester prima facie evidence237(1) The Lieutenant Governor in Council may appoint one or more qualified persons as testers of the speedometers on motor vehicles.(2) In a prosecution under this Act or a bylaw of a city, town, village or rural municipality a certificate bearing date not more than thirty days prior or subsequent to the date of the offence charged in the information or complaint, signed by a tester appointed under subsection (1) and stating the result of a test of the speedometer on the motor vehicle mentioned therein, shall be received as prima facie evidence of the facts stated therein and of the authority of the person issuing the certificate without proof of appointment or signature.

R.S.S. 1965, c.377, s.227; R.S.S. 1978, c.V-3, s.237.

Certain certificates of chairman prima facie evidence238 The certificate of the chairman of the board that a brake-testing instrument, signalling device, reflector, form of bill of lading, form of express receipt, ticket, schedule of arrival at and departure from a point or schedule of tolls or rates has been approved or prescribed by the board shall be received in any prosecution before a judge, provincial magistrate or justice of the peace as prima facie evidence of the facts stated therein and of the authority of the chairman without proof of his appointment or signature.

R.S.S. 1965, c.377, s.228; R.S.S. 1978, c.V-3, s.238.

PART X

Offences and PenaltiesTampering with motor vehicle

239(1) No person shall:(a) tamper with a motor vehicle without the consent of the owner or driver;(b) without the consent of the owner or driver, climb upon or into a motor vehicle, whether it is in motion or at rest;(c) hurl stones or other missiles at a motor vehicle or occupant thereof;(d) while a motor vehicle is at rest and unattended, sound the horn or other signalling device, or manipulate or attempt to manipulate any lever, starting crank, brakes or machinery thereof, or set the vehicle in motion; or(e) otherwise damage or interfere with a motor vehicle.

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(2) A person who violates any provision of subsection (1) is, in addition to liability for all damages caused by the violation, guilty of an offence.(3) Clauses (a), (b), (d) and (e) of subsection (1) do not apply to a traffic officer, police officer or police constable acting in the performance of his duty.

R.S.S. 1965, c.377, s.229; R.S.S. 1978, c.V-3, s.339.

Placing nails, etc., upon highway240 No person shall put upon a public highway any nails, tacks, glass or other material that might destroy or cause damage to the tires of a vehicle.

R.S.S. 1965, c.377, s.230; R.S.S. 1978, c.V-3, s.240.

Throwing burning matches, ashes, etc., on highway241 No person shall throw or drop from a vehicle upon a public highway a burning match, burning ashes of a pipe, a lighted cigar or cigarette or any other burning substance.

R.S.S. 1965, c.377, s.231; R.S.S. 1978, c.V-3, s.241.

Loading of vehicles insecurely242 No person shall cause or allow a vehicle to be so loaded that when the vehicle is driven on a public highway the load or any part thereof might drop onto the highway, and no person shall drive on a public highway a vehicle so loaded.

R.S.S. 1965, c.377, s.232; R.S.S. 1978, c.V-3, s.242.

Driving certain vehicles in contravention of regulations243 No person shall drive, and no owner shall cause or allow to be driven, on a public highway, a vehicle to which the regulations under clause (o) of subsection (1) of section 11 apply, if the operation of the vehicle constitutes a violation of those regulations or if the vehicle does not comply in all respects with the requirements of those regulations.

R.S.S. 1965, c.377, s.233; R.S.S. 1978, c.V-3, s.243.

Prohibition respecting carrying or use of licence244(1) No person other than one to whom an operator’s, chauffeur’s, learner’s or instructor’s licence has been issued shall carry the licence while driving a motor vehicle.(2) No licensed operator, chauffeur, learner or instructor shall permit another person to use his licence.

R.S.S. 1965, c.377, s.234; R.S.S. 1978, c.V-3, s.244.

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False information245 A person who, in any information, report or document required by or for the purposes of this Act, makes a statement false in any material particular is upon summary conviction liable for the first offence to a fine of not less than $5 nor more than $50 and costs and for a subsequent offence to a fine of not less than $25 nor more than $300 and costs, and in default of payment the offender may be imprisoned for a term not exceeding sixty days.

R.S.S. 1965, c.377, s.235; R.S.S. 1978, c.V-3, s.245.

Prohibition against applying for licence during certain period246(1) In this section “licence” means any driver’s licence issued or that may be issued under this Act or any operator’s, chauffeur’s, instructor’s or learner’s licence issued under any former Vehicles Act.(2) No person whose licence has been suspended or revoked by or under this Act or who has been prohibited under the Criminal Code or any former Criminal Code from driving a motor vehicle shall, during the period of the suspension or revocation or of the prohibition from driving, apply for a licence.(3) No person to whom the board or director has sent a notice of refusal to issue a licence shall apply for a licence:

(a) before the expiration of the period of refusal specified in the notice; or(b) where no period of refusal is specified in the notice, before the person is notified by the director that he may apply for a licence.

(4) A person who violates subsection (2) or (3) is guilty of an offence and liable on summary conviction to a fine of not less than $25 or more than $100 and in default of payment to imprisonment for a term not exceeding thirty days.

1970, c.79, s.14; R.S.S. 1978, c.V-3, s.247.

Impounding of motor vehicles247(1) In the event of a conviction under subsection (3) of section 238 of the Criminal Code, the convicting judge, provincial magistrate or justice of the peace may order that the motor vehicle driven at the time of the commission of the offence shall be seized, taken into the custody of the law and impounded for a period not exceeding thirty days or until the expenses of seizing and impounding the motor vehicle and keeping it impounded are fully paid, whichever is the longer period, unless the person convicted is not the owner of the motor vehicle and:

(a) was driving it without the consent, express or implied, of the owner thereof; or(b) the owner thereof did not know that the person convicted had been disqualified or prohibited from driving a motor vehicle.

(2) Subsection (1) does not apply where the person convicted was convicted of driving a motor vehicle while he was disqualified from driving a motor vehicle by reason of a suspension under sub section (7) of section 96.


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Penalty for violation of certain provisions248 A person whose certificate of registration, licence or permit has been revoked or suspended under subsection (1) of section 96 or to whom the board has, under section 94 or subsection (6) of section 96 refused to issue a certificate of registration, licence or permit or to whom the board has pursuant to section 86 refused to issue a licence, and a person who by reason of section 86 is not eligible for a licence, and who is guilty of a violation of subsection (1) of section 66 or subsection (2) of section 67 is liable on summary conviction:

(a) for a first offence to a fine of not less than $50 or more than $200 or to imprisonment for a term not exceeding thirty days or to both and in default of payment of the fine to imprisonment for a term not exceeding thirty days;(b) for a subsequent offence to a fine of not less than $100 or more than $500 or to imprisonment for a term not exceeding ninety days or to both and in default of payment of the fine to imprisonment for a term not exceeding ninety days;

and the convicting judge, provincial magistrate or justice of the peace may order that the motor vehicle driven by the person convicted at the time of the commission of the offence be immediately seized, taken into custody of the law and impounded for a specified period not exceeding thirty days or until the expenses of seizing and impounding the motor vehicle and keeping it impounded are fully paid, whichever is the longer period, unless he is satisfied that the person convicted is not the owner of the motor vehicle and:

(c) was driving it without the consent, express or implied, of the owner thereof; or(d) the owner thereof did not know that the licence of the convicted person had been revoked;

but this section does not apply where the act constituting the offence is also an offence punishable under the Criminal Code.

1967, c.82, s.46; R.S.S. 1978, c.V-3, s.248.

General penalty249(1) A person who is guilty of a violation of any provision of this Act or the regulations, for which no other penalty is imposed, is liable on summary conviction:

(a) for the first offence to a fine of not more than $100 and in default of payment to imprisonment for a term of not less than seven days or more than thirty days; and(b) for a subsequent offence to a fine of not less than $20 or more than $200 and in default of payment to imprisonment for a term of not less than fourteen days or more than sixty days.

(2) Subsection (1) does not apply to a violation mentioned in subsection (3) of section 228 or a violation of section 232 where the act or omission constituting the violation is also an offence punishable under the Criminal Code.

R.S.S. 1965, c.377, s.239; 1967, c.82, s.47; R.S.S. 1978, c.V-3, s.249.

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Continuing offences250 If an offence continues after a conviction therefor, the offender is upon summary conviction liable to a further fine of not less than $1 nor more than $5 for each day on which the offence is continued.

R.S.S. 1965, c.377, s.240; R.S.S. 1978, c.V-3, s.250.

Evidence of records251 Where, in a prosecution for a violation of any provision of this Act or the regulations, or a bylaw approved under section 220, a record kept by the director or board or any portion of such record could be received in evidence, a copy of the record or portion thereof certified by:

(a) the director or by a person appointed to act in his stead; or(b) the chairman of the board or by a person appointed to act in his stead;

having the care and control of such record, to be a true copy, shall be received as prima facie evidence of the record or portion thereof, as the case may be, and of the authority of the director or chairman or person appointed to act in his stead without proof of his appointment or signature.

1970, c.79, s.15; R.S.S. 1978, c.V-3, s.251.

Disposal of fines252 Where a person has been convicted and fined for violation:

(a) within a city, town or village; or(b) on a road under the control of a rural municipality, other than a public highway designated as a provincial highway under The Highways Act;

of any provision of this Act or the regulations upon the information of a policeman or constable or other official employed and paid by the city, town, village or rural municipality and not a member of a force directly or indirectly employed and paid by the province, the fine imposed shall belong to the city, town, village or rural municipality and the convicting justice shall dispose of the fine accordingly.

R.S.S. 1965, c.377, s.242; 1972, c.122, s.10; R.S.S. 1978, c.V-3, s.252.

Liability of owner of vehicle other than public service vehicle253 The owner of a motor vehicle, tractor or trailer, other than a public service vehicle, is liable for violation of any provision of this Act in connection with the operation of the motor vehicle, tractor or trailer, unless he proves to the satisfaction of the provincial magistrate or justice of the peace trying the case that at the time of the offence the vehicle, tractor or trailer was not being operated by him, nor by any other person with his consent, express or implied.

R.S.S. 1965, c.377, s.243; 1967, c.82, s.48; R.S.S. 1978, c.V-3, s.253.

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Liability of person in charge of vehicle other than public service vehicle where owner not liable

254 Where, at the time of violation of any provision of this Act in connection with the operation of a motor vehicle, other than a public service vehicle, the vehicle was not being operated by the owner of the vehicle, nor by any other person with his consent, express or implied, the person in charge of the vehicle is liable for the violation unless he proves to the satisfaction of the provincial magistrate or justice of the peace trying the case that the vehicle was not being operated by him, nor by any other person with his consent, express or implied.

R.S.S. 1965, c.377, s.244; R.S.S. 1978, c.V-3, s.254.

Liability of owner of public service vehicle255(1) Subject to subsection (2), the owner of a public service vehicle is liable for violation of any provision of this Act in connection with the operation of the vehicle whether or not at the time of the offence the vehicle was being operated by him.(2) The owner is not liable to imprisonment if he proves to the satisfaction of the provincial magistrate or justice of the peace trying the case that at the time of the offence the vehicle was not being operated by him, nor by any other person with his consent, express or implied.

R.S.S. 1965, c.377, s.245; R.S.S. 1978, c.V-3, s.255.

Application of sections 253, 254 and 255256 Sections 253, 254 and 255 apply to any bylaw heretofore or hereafter passed by a city, town, village or rural municipality regulating vehicles or the use of public highways including the regulating and prohibiting of parking of vehicles on such public highways.

1967, c.82, s.49; R.S.S. 1978, c.V-3, s.256.

The Vehicles Act - NET

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