O. Reg. 196/05: DRIVERS' LICENCES

 

ontario regulation 196/05

made under the

highway traffic act

Made: May 4, 2005
Filed: May 6, 2005
Printed in The Ontario Gazette: May 21, 2005

Amending O. Reg. 340/94

(Drivers’ Licences)

1. (1) Subsection 6 (1) of Ontario Regulation 340/94 is amended by adding the following paragraph:

3. Between the hours of midnight and 5 a.m., there must not be more than one passenger in the motor vehicle who is under the age of 20, other than a person who is a member of the novice driver’s immediate family.

(2) Section 6 of the Regulation is amended by adding the following subsection:

(1.1) Despite subsection (1), the holder of a Class G2 driver’s licence who has held a valid G2 driver’s licence for at least six months may drive a Class G2 motor vehicle on a highway subject to the following conditions:

1. The novice driver’s blood alcohol concentration must be zero at all times while he or she is operating the motor vehicle.

2. The number of passengers in the motor vehicle must not exceed the number of operable seat belt assemblies installed in it. 

3. Between the hours of midnight and 5 a.m., there must not be more than three passengers in the motor vehicle who are under the age of 20, other than a person who is a member of the novice driver’s immediate family.

(3) Subsection 6 (2) of the Regulation is revoked and the following substituted:

(2) Subsections (1) and (1.1) do not apply to the driving of a motor assisted bicycle. 

(4) Section 6 of the Regulation is amended by adding the following subsections:

(3) For the purpose of subsection (1.1), the requirement that a novice driver has held a valid G2 licence for at least six months means that, at the time the novice driver is driving, he or she held a valid G2 licence for at least the immediately preceding six months.

(4) Paragraph 3 of subsection (1) and paragraph 3 of subsection (1.1) do not apply to,

(a) a novice driver who is at least 20 years old; or

(b) any novice driver if a person who qualifies as an accompanying driver, as described in subsection 5 (2), and who meets the condition for an accompanying driver as set out in paragraph 2 of subsection 5 (1), occupies the seat beside the driver and no person other than the novice driver and the accompanying driver occupies a front seat in the motor vehicle.

(5) The age distinctions in paragraph 3 of subsection (1), paragraph 3 of subsection (1.1) and clause (4) (a) apply despite the Human Rights Code.

(6) In paragraph 3 of subsection (1) and paragraph 3 of subsection (1.1), immediate family includes the novice driver’s guardian and immediate family who are related by blood, marriage, conjugal relationship outside marriage or adoption.

2. The Regulation is amended by adding the following section above the heading “Licences: General”:

11.1 The following information is prescribed for the purposes of section 57.1.1 of the Act:

1. The passenger’s date of birth.

2. The nature of the familial relationship between the passenger and the driver of the motor vehicle, and the name and address of the person or persons through whom the driver and the passenger are related, if any.

3. (1) Subject to subsections (2) and (3), this Regulation comes into force on the day it is filed.

(2) Section 1 comes into force on the later of the day section 2 of the Highway Traffic Statute Law Amendment Act (Child and Youth Safety), 2004 comes into force and the day this Regulation is filed.

(3) Section 2 comes into force on the later of the day section 3 of the Highway Traffic Statute Law Amendment Act (Child and Youth Safety), 2004 comes into force and the day this Regulation is filed.