(b)    repealed by 1991,c.36,s.1;

(c)    "commercial motor vehicle" means a vehicle designed or adapted for the carrying of freight, goods, wares, or merchandise and having attached thereto a truck or delivery body, and any other vehicle used for the transportation of goods, but does not include a private passenger car, other than a private passenger car for the use of which compensation is received;

(d)    "community" means a community as defined in clause 1(b) of the Municipalities Act R.S.P.E.I. 1988, Cap. M-13;

(e)    "controlled access highway" means a highway or part thereof where access to the right-of-way thereto from adjacent properties may be prohibited, or permitted only at fixed locations;

(f)    "floating" or "pony" axle is one which is designed to carry load only under certain conditions;

(g)    "highway" means all the area within the boundary lines of every road or street or right-of-way

(i)    outside the limits of any city or town, or

(ii)    within the limits of a city or town if designated under section 27 or 29,

(i)    any wire, cable or conduit for wire or cable, and

(h)    "Minister" means the Minister of Transportation and Infrastructure Renewal;

(i)    "motor vehicle" means a vehicle which is self-propelled but does not include a motor vehicle running only upon rails;

(j)    "municipality" means a city, town or community;

(k)    "peace officer" means a member of the Royal Canadian Mounted Police, means a police officer or constable appointed by a city, town, or community and any inspector appointed for enforcing or carrying out the provisions of this Act, or the regulations made hereunder;

(l)    "permit" means a document issued by the Minister under the provisions of this Act or the regulations made hereunder;

(m)    "pneumatic tire" means every tire which is designed to support the load by compressed air;

(i)    for the conveyance or transmission of any form of telecommunication, including, computer, radio, telegraph, telephone and television,

(n)    "public vehicle" means a motor vehicle operated on a highway by, for, or on behalf of any person who receives compensation either directly or indirectly for the transportation therein of passengers and express freight which might be carried on a passenger vehicle;

(p)    "tandem axle" means two axles, not more than seventy-two inches apart when measured at right angles from axle to axle, so arranged that the load carried by each is approximately equal;

(q)    "tandem axle weight" means the combined weight which all the wheels on any tandem axle impose on the road when weighed in the manner prescribed;

(r)    "tire" means that part of a wheel, roller or other contrivance for the moving of any object upon a highway, which comes into direct contact with the surface of the highway;

(s)    "trailer" means a vehicle without power designed to carry property or passengers wholly on its own structure and to be drawn by a motor vehicle;

(a)    "alteration" means any action whereby the location of the road is altered that requires

(i)    the acquisition of land, for the new location,

(ii)    the disposal of land no longer required, or

(iii)    both (i) and (ii);

4.(1)      Except where the Minister otherwise directs, all highways shall be laid out at a minimum width of sixty-six feet.

(a)    responsible for the cost of those operations, including all costs necessary to restore the highway to its condition prior to the commencement of the operations;

(b)    liable for any damage suffered by a third party as a result of the operations.

5.(1)    No person or municipality shall

(a)    open or authorize the opening of any highway; or

(b)    permit the interconnection of a highway or proposed highway with another highway,

    (2)    Before giving his approval the Minister shall ensure that all costs associated with such opening or interconnection are or will be paid for by the persons or municipality benefitting therefrom or authorizing the opening or interconnection.

    (3)     For the purposes of this section the Minister may

(a)    develop and implement policies upon which to base his decision;

(b)    enter into agreements with a person or municipality respecting construction and the payment of costs;

9.(1)    The Minister may appoint drivers and operators for the operation and maintenance of motor trucks, tractors, power machines and other equipment owned or operated by the Department of Transportation and Infrastructure Renewal, and such drivers and operators, before appointment, are required to pass an examination as to their qualifications.

County engineers to direct work of operators

10.(1)    The county engineer shall direct the employment as to time, place, and road section of all drivers and operators and equipment assigned to him, and may employ additional assistance in men or equipment.

12.(1)    The Minister may require the attendance of any person as a witness and examine him on oath, which oath the Minister is authorized to administer, touching any matter over which he has control or relating to expenditures of any public money expended upon any road, bridge, or any other public work, and require the production of any books, papers, or things relating thereto.

17.1    Where the Minister proposes

(a)    to expend public money on the acquisition and development of any area of land for highway purposes; and

17.2(1)    The Minister may acquire land within a highway development area by purchase or expropriation, when the land is acquired for and in connection with a highway.

    (2)    Where the Minister is negotiating the purchase of land in a highway development area and the owner indicates that in the event of a sale he wishes to retain possession or the right to possession of the land for any period of time or until it is required for or in connection with a highway, the Minister shall negotiate with that owner in good faith and shall lease that land to that owner until it is required for or in connection with a highway.

    (3)    Where land lying within a highway development area is expropriated, the Minister may lease that land until it is required for or in connection with a highway.

17.3(1)    Where land is made subject to a declaration under section 17.1, the owner of the land may, at any time after the declaration is made, request the Minister to purchase that land.

17.4(1)    No person shall

(a)    subdivide land;

(b)    construct an improvement on land;

(c)    reconstruct or add to an improvement on land; or

(d)    change the use of any land,

    (2)    No municipality or department of the Government shall issue any permit or give any other form of authorization or approval to any person for any work or undertaking including the subdivision of land within a highway development area, except with the approval in writing of the Minister.

17.5    Where a highway development area is created under section 17.1, the Minister shall

(a)    file a copy of the order and a plan of the highway development area in the registry office of the county in which the land lies and shall cause notice of the filing of the order and plan to be published in the Gazette within thirty days of their being filed in the registry office;

(b)    cause to be registered, in the registry office of the county in which the land lies, a notice to the persons who appear from the records of that registry office to be owners of the land in the highway development area, that the land is so affected; and

17.9    Any person who holds or acquires an interest in land within a highway development area holds or acquires that interest subject to the provisions of this Act. 1994,c.55,s.1.

26.(1)    No apportionment pursuant to section 25 shall be made to the owner unless the old road passes through or adjoins his lands.

    (2)    When an apportionment has been made, the land apportioned becomes the property in fee simple of the owner to whom it is apportioned subject to

(a)    the continuation of the public right-of-way thereon until the road is closed;

27.(1)    The Lieutenant Governor in Council may designate any highway or part thereof as a controlled access highway.

28.    Where a highway or portion thereof has been designated as a controlled access highway, no person shall

(a)    construct, use, or allow the use of, any private road, entrance-way or gate which or part of which is connected with or opens upon the controlled access highway; or

29.(1)    The Lieutenant Governor in Council may, by notice published in the Gazette, designate and classify any highway or part thereof, not being a controlled access highway, as

(a)    arterial;

(b)    collector;

(c)    local;

(d)    seasonal;

(e)    non-essential, or

    (2)    Notwithstanding any other Act, no person and no municipality shall construct, use or approve the construction or use of any access contrary to the regulations made under this section.

    (4)    The Minister is not responsible for the maintenance of a non-essential road and no action shall be brought against the Crown for damages sustained by any person using a non-essential road.

30.(1)    Notwithstanding the absence of any designation or regulation under section 29, where an access has been requested by a person and the costs thereof have been determined and made known to that person before the work is undertaken, the Minister may impose, charge and collect the costs associated with the construction, improvement or intensification of the use of any access to the person benefitting therefrom.

    (2)    Where the costs imposed or charged under this section remain unpaid for a period of thirty days, the Minister may close or remove the access and charge the costs of the closure or removal to the person benefitting from the access.

    (3)    Any person neglecting or refusing to pay the costs imposed or charged under this section is guilty of an offence and the provincial court, upon summary conviction, shall order that, in addition to any other penalty imposed by this Act, the amount imposed or charged under this section be paid to the Minister.

32.(1)    The Minister may order any road, or part of any road, closed when it has become unnecessary for public use, and may convey the road, or part of the road, so closed to the adjoining land owner or owners in whole or in part.

(a)    where a road or portion thereof is conveyed to adjoining land owners, the Minister shall issue a declaration of road closure in the prescribed form to be included in the instrument of conveyance; and

(b)    where no conveyance is executed, the Minister shall issue a declaration of road closure in the prescribed form which shall be filed under the Registry Act R.S.P.E.I. 1988, Cap. R-10 and indexed against the names of the owners in fee simple of the road or portion so closed,

Idem, rights-of-way and public utility easements

(a)    it ceases to be a common or public highway and any public right of way thereon is extinguished;

(b)    it shall be subject to a public utility easement for the purpose of maintaining any line, plant or system existing at the time of closure and being located or partially located above, under or on the road or portion thereof.

    (5)    The removal, discontinuance of use or abandonment of any line, plant or system of a public utility terminates any public utility easement provided for under subsection 26(2) or subsection (4).

    (6)    All roads or portions thereof conveyed to any owner before the date on which this section comes into force shall be deemed to have been closed in accordance with this section.

34.(1)    Where

(i)    the pole, line, plant or equipment that is to be removed, by a description of it and its current location on the highway or by other means, and

(ii)    the location on the highway to which it may be moved by the public utility or other person, and

(iii)    advise the public utility or other person owning or using the pole, line plant or equipment of the consequences under this Act of a failure to remove and relocate the pole, line, plant or equipment identified in the notice; and

35.    (1)    The Minister may cause to be erected and maintained, on any property bordering a highway, a snow fence or other structure for the protection of the highway from snow drifts.

Lowering of field to lessen gathering of snow on roads

36.    Where, in the opinion of the Minister, a field adjoining a road is causing snow to gather upon the road, the Minister may cause the field to be lowered to improve winter conditions if

(a)    the top soil of the field is first removed and respread over the field after the sub-soil is removed;

(b)    the back slope of the lowering is so graded that no part thereof, at any point in excess of twenty-five feet distant from the highway right-of-way, is lower than the level of the centre line elevation of the adjoining highway;

(c)    existing fences are removed and re-erected after the job is completed, at department expense;

37.(1)    No person shall cause any obstruction or make any encroachment by fencing or otherwise, placing pulpwood, lumber or any other material, upon any of the public roads of this province, or wrongfully open out or close up any drains or ditches or water course upon or leading to, from or across any public road, or place any obstruction upon or in any wise interfere with the public in travelling upon or over any road or winter roads in actual use as such.

39.(1)    No person shall obstruct or impede the water course of any drain draining any highway in order to facilitate access from his property to the highway or otherwise.

    (2)    It is the duty of every owner or occupier of land fronting on the highway to see that such drains are kept open at the point of approach to any gateway, lane or other way from the property owned or occupied by him on the highway.

    (3)    No owner or occupier of land fronting on a highway shall construct any bridge to the approach of any gateway, lane, or other private property, over any drain, without the approval of the county engineer.

40.1(1)    No person shall

(a)    damage any highway;

(b)    create any unsafe conditions or hazard that may injure or affect users of a highway; or

(c)    interfere with the lawful use of a highway by any other person.

41.(1)    No person shall, without a written permit from the Minister, erect any building at a distance of less than one hundred feet from the centre line of any highway or road, nor shall any building be erected at a distance of less than fifty feet from those of the next adjoining owner.

    (2)    No person shall, without a written permit from the Minister, erect any building, structure, sign or billboard, at a distance of less than two hundred feet from the point of intersection of any intersecting roads or highways or at a point less than two hundred feet from the point of intersection of a road or highway with a railroad.

    (3)    For the purpose of this section the point of intersection of roads or highways is the point at which the centre lines of such roads or highways intersect, and in the case of a road or highway intersecting with a railroad the point of intersection is the point at which the centre line of the road intersects with the centre line of the railroad.

    (4)    No person shall, without a written permit from the Minister, erect at or near a curve or bend in a road or highway any building, structure, sign or billboard which may obstruct or interfere in any manner with a clear view of traffic on the road or highway or which would result in a reduction of the actual sight of traffic on the said road or highway to less than one thousand feet.

    (5)    The Minister upon receiving application for a permit may grant or refuse the permit and his decision to grant or refuse the permit is final and conclusive.

42.(1)    When and so often as it may become necessary in the opinion of the Minister to cut down trees or to remove fences, signs or billboards at the intersection of roads, intersection of road and railway, dangerous curves in the highway or where trees, fences, signs, or billboards are considered by the Minister as dangerous or interfering with the maintenance of the highway, the Minister may authorize any person to enter upon the lands and to cut down the trees and to remove the trees, fences, signs, or billboards, as may be designated by him.

  Blinding lights near highway

43.(1)    No person shall place, station, or operate lights near a highway of such kind or intensity or in such a position that the light blinds the vision of a motor vehicle operator or in any way renders a highway unsafe for night travelling.

44.(1)    No person shall remove any substance from any private lane, road, or other property, or from any part of the public right-of-way which the private lane, road, or property adjoins, and put, place, or pile any substance on any part of a public road, or right-of-way.

46.    (1)    No person shall move any building or any load which is over legal weight, length, width, or height, on any highway, unless he has first procured a permit from the Minister authorizing him to move the building or load.

    (2)    In granting a permit under this section, the Minister may require that the building or load be moved under such conditions as he may impose, and every permit shall be carried by the person engaged in moving the building or load and shall be open to inspection by any peace officer.

    (2.1)    Without prejudice to subsection (1), no person shall operate an overweight vehicle on a highway unless he has first procured a permit from the Minister authorizing him to do so.

    (2.2)    For the purposes of subsection (2.1) an "overweight vehicle" means a vehicle that has a steering axle or any combination of single axle, tandem axle group, triaxle group, tridem axle group or any other combination that exceeds the maximum allowable weight authorized by the regulations under section 55 governing vehicle weights.

(a)    the form of a permit which may be different for a single trip permit or an annual permit;

(b)    the conditions that may be imposed on the issue of a permit;

(c)    the fee for the issue of a permit;

47.(1)    Any person who violates or attempts to violate this Act or the regulations made hereunder in respect of which no specific penalty is provided is guilty of an offence, and upon summary conviction is liable

(a)    in the case of a first offence, to a fine not exceeding $50;

(b)    in the case of a second offence or subsequent offences to a fine not exceeding $200.

    (2)    Any act done or commenced contrary to this Act or the regulations made may be restrained by injunction in the Supreme Court in any action at the suit of the Minister.

49.(1)    A peace officer may weigh a commercial motor vehicle or cause it to be weighed on an approved weighing device and for the purpose of weighing the vehicle the peace officer may

(a)    stop the vehicle by

(i)    placing on or as near as possible to the roadway a sign on which are the words, symbols, letters or colours conveying the order to all vehicles or all vehicles of a certain class to stop for weighing, or

(ii)    signalling manually or by the use of flashing red lights to the driver of the vehicle to stop;

(b)    order the driver of the vehicle to drive and the driver shall drive the vehicle to the approved weighing device located at the site where the vehicle was detained;

(c)    order the driver of the vehicle to assist, and the driver shall assist in and facilitate the weighing of the vehicle by driving the vehicle upon an approved weighing device and performing such other acts, if any, as the peace officer requires or considers necessary for the purpose of weighing the vehicle and its load; and

(d)    if the driver of the vehicle does not obey the order given under clause (b) or (c), drive or authorize some other person to drive the vehicle to and upon the approved weighing device and perform such other acts, if any, as the peace officer requires or considers necessary for the purpose of weighing the vehicle and its load.

    (2)    Where a vehicle is weighed under subsection (1) and it is found that the gross weight or the axle weight of the vehicle exceeds that permitted by the regulations or by a sign applicable to that portion of the highway on which the vehicle was stopped, the peace officer may, subject to any direction given by the Minister,

(a)    order the driver of the vehicle to drive and the driver shall drive the vehicle to a location specified by the peace officer and leave the vehicle standing at that location until such portion of the load is removed as may be necessary to reduce the weight of the vehicle or the axle to within the limit permitted by this Act or the regulations; or

(b)    order the driver of the vehicle to remove and the driver shall remove from the vehicle such portion of the load as may be necessary to reduce the weight of the vehicle or the axle weight to within the limit permitted by this Act or the regulations.

    (3)    Where a portion of a load is removed from a vehicle pursuant to an order under subsection (2) it is the responsibility of the owner of the vehicle to make arrangements for the custody and care of the material removed.

(a)    does not obey a sign placed or a signal given under clause (1)(a);

(b)    does not obey an order given under clause (1)(b) or (c) or clause (2)(a) or (b);

(c)    refuses to have weighed a vehicle which he is driving or which is under his control or direction; or

(d)    does not remove such portion of the load of a vehicle as a peace officer orders under subsection (4),

50.(1)    Where a peace officer has reasonable cause to believe that a person has committed a violation of this Act or of any provision of the regulations restricting the weight of vehicles or of loads thereon, he may demand that the person deliver to him his driver's license and the registration permit for the vehicle for examination by the peace officer.

51.(1)    Where a person is alleged by a peace officer to have committed a violation of this Act or of any provision of the regulations restricting the weight of vehicles and of loads thereon, the peace officer may accept from that person the sum prescribed by the regulations for that violation as a cash bail bond conditioned for his appearance before a provincial court judge at the place and on the date determined by the peace officer.

    (2)    In determining the date referred to in subsection (1) the peace officer shall be guided by the sittings of the provincial court judge and the wishes of the person, but shall in any event set a date for the hearing of the alleged violation within one month thereof.

    (2)    The Lieutenant Governor in Council may designate the weight of various test weights and upon such designation being published in the Gazette each weight shall be deemed to be an approved test weight having the weight as published in the Gazette.

    (4)    A certificate of a person designated under subsection (3) stating that he has tested an approved weighing device using approved test weights and stating the accuracy of such approved weighing device within the period of, but not exceeding, sixty days prior to the time a vehicle was weighed is proof of the accuracy of the approved weighing device, in the absence of any proof of the contrary, without proof of the signature or official character of the person appearing to have signed the certificate.

    (5)    No certificate referred to in subsection (4) shall be received in evidence unless the party intending to produce it has, before the trial, given to the accused reasonable notice of his intention together with a copy of the certificate.

    (6)    Any person against whom a certificate referred to in subsection (4) is produced may, on giving at least seven days notice to the prosecution, require the attendance of the person signing such certificate for the purposes of cross-examination.

54.(1)    Notwithstanding anything in this Act or the regulations, the Minister may

(a)    set

(i)    maximum allowable weight limits that may be carried over any bridge or section of the highway,

(ii)    spring weight restrictions over all highways, and

(iii)    a weight tolerance for each axle on a truck: and

(b)    approve plans describing the routes travelled by vehicles transporting a commodity prescribed in the regulations.

    (3)    It is an offence for any person to operate or cause to be operated any vehicle, whether loaded or not,

(a)    over a bridge or section of highway having a weight in excess of the maximum allowable weight limit; or

(b)    over any highways,

55.  The Lieutenant Governor in Council may make regulations governing

(a)    the weight of a vehicle which may be driven on a highway or bridge, the weight of the load which may be carried by the vehicle and the gross weight thereof, and the ascertaining of the weight;

(b)    the axle weight of the vehicle which may be driven on a highway, the method of ascertaining the weight, and prescribing the penalties for the violation of the regulations, which penalties may be in addition to any other penalty prescribed by this Act;

(c)    the use of a vehicle on a highway or any part thereof and on any bridge;

(d)    the classification of highways with respect to the use that may be made thereof;

(d.1)    scenic heritage highways, with respect to

(i)    the designation of  highways as scenic heritage highways, and

(ii)    the regulation of scenic heritage highways, including prohibiting the cutting or removing of trees, shrubbery or plant life from any scenic heritage highway, or the alteration of the landscape of a scenic heritage highway;

(e)    the hauling or moving of any dwelling, building, erection, or other object over, upon, or along a highway or any part thereof or any bridge;

(g)    the relationship between mass in kilograms and weight in kilograms;

(h)    the relationship between weight in kilograms and weight in pounds;

(k)    regulating the closing of any road or bridge to heavy traffic or such closing to all traffic; 2001,c.16,s.3.

(l)    for any purpose whether general or to meet particular cases that may be desirable in order to carry out the objects and purposes of this Act, or to give effect to anything for which regulations are contemplated or required by this Act; 2001,c.16,s.3.

(m)    regarding the conditions under which buildings may be moved across or along any road or highway; 2001,c.16,s.3.