- Updated to: April 12, 2007 -
(Includes Amendments
Assented to June 7, 2005
and proclaimed on March 27, 2007)
(Click
HERE for Previous Version of this
Act)
CHAPTER R-15
ROADS ACT
|
Definitions
|
1. In this Act |
axle
|
|
(a) "axle" means an assembly
of two or more wheels whose centers are in one transverse vertical plane and
which transmits weight to the road and includes a liftable axle and a
self-steering axle;
2001,c.16,s.1.
|
axle weight
|
|
(b) repealed by 1991,c.36,s.1;
|
commercial motor vehicle
|
|
(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;
|
community
|
|
(d) "community" means a community as defined in clause 1(b)
of the Municipalities Act R.S.P.E.I. 1988, Cap. M-13;
|
controlled access highway
|
|
(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;
|
floating or pony axle
|
|
(f) "floating" or "pony" axle is one which is
designed to carry load only under certain conditions;
|
highway
|
|
(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,
|
|
|
which is designed or intended for or used by the general public for the
passage of vehicles, and includes any bridge over which any such road, or
street or right-of-way is laid; |
line |
|
(g.1.) "line" includes,
in respect of a public utility, |
|
|
|
(i)
any wire, cable or conduit for wire or cable, and
|
|
|
|
(ii) any pipe or channel
for conveying water or sewerage, that is owned, operated, maintained or used
by the public utility to provide service;
2004,c.17.s.1 |
Minister
|
|
(h) "Minister" means the Minister of Transportation and
Public Works;
|
motor vehicle
|
|
(i) "motor vehicle" means a vehicle which is
self-propelled but does not include a motor vehicle running only upon rails;
|
municipality
|
|
(j) "municipality" means a city, town or community;
|
peace officer
|
|
(k) "peace officer" means a member of the Royal
Canadian Mounted Police, 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;
|
permit
|
|
(l) "permit" means a document issued by the Minister
under the provisions of this Act or the regulations made hereunder;
|
pneumatic tire
|
|
(m) "pneumatic tire" means every tire which is designed
to support the load by compressed air;
|
public utility |
|
(m.1) "public utility"
means any person, and the lessees, trustees, liquidators or receivers of any
person, that owners, operates, manages or controls, or is incorporated for
the purpose of owning, operating, managing, using any pole, line, plant, or
equipment, |
|
|
|
(i)
for the conveyance or transmission of any form of telecommunication,
including, computer, radio, telegraph, telephone and television,
|
|
|
|
(ii) for the production,
transmission, distribution or furnishing of electrical energy, or |
|
|
|
(iii) for the provision of
water or sewerage or water and sewerage service, |
|
|
either directly or indirectly,
to or for the public;
2004,c.17.s.1. |
public vehicle
|
|
(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;
|
semi-trailer
|
|
(o) "semi-trailer" means a vehicle
that is designed to be towed by another vehicle and is so designed and used
that a substantial part of its weight and load rests on or is carried by the
other vehicle or a trailer convertor dolly through a fifth wheel and kingpin
combination;
2001,c.16,s.1.
|
tandem axle
|
|
(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;
|
tandem axle weight
|
|
(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;
|
tire
|
|
(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;
|
trailer
|
|
(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;
|
truck
|
|
(t) "truck" means
a motor vehicle, other than a bus, that is either permanently fitted with a
special purpose device, or is designed and normally used to carry load, that
may operate as a single unit or may pull a trailer other than a
semi-trailer; 2001,c.16,s.1. |
truck-tractor
|
|
(u)
"truck-tractor" means a motor vehicle designed and normally used to pull a
semi-trailer or a semi-trailer and a full trailer or semi-trailer and a
semi-trailer; 2001,c.16,s.1. |
Alteration and closure of public road
|
(2)
For the purposes of this Act, in relation to a public road |
|
(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);
|
|
|
(b) "closed" means closed in accordance with section 32.
R.S.P.E.I. 1974, Cap. R-15,s.1; 1976,c.29,s.1; 1980,c.2,s.3; 1983,c.1,s.6; 1983,c.33,s.66;
1985,c.38,s.1; 1991,c.36,s.1; 1996,c.39,s.1 {eff.} June 13/96;
2001,c.16,s.1; 2004,c.17.s.1.
|
Common and public highways defined
|
2.
All parts of the townships of the province
reserved in the grants or patents thereof for public roads, all roads
laid out by virtue of any statute and all roads whereon public money has
been expended for opening them or for keeping them in repair shall be deemed
to be common and public highways unless where the roads have been altered or
closed or shall be altered or closed according to law; but farm lanes shall
in no circumstances be deemed to be common and public highways.
R.S.P.E.I. 1974, Cap.
R-15,s.2. |
Highway vested in the Minister
|
3.
Unless otherwise provided the soil and freehold of any
public road or common and public highway are vested in the "Government of Prince
Edward Island as represented by the Minister of Transportation and Public Works" and
shall remain so vested notwithstanding the alteration or closure of the road or highway
pursuant to this Act. 1 996,c.39,s.2 {eff.} June 13/96.
|
Width of highways
|
4.(1)
Except where the Minister otherwise directs, all highways
shall be laid out at a minimum width of sixty-six feet.
|
Existing highways
|
(2)
All highways laid out or constructed prior to August 10, 1985, shall be the
width as stated or determined in any deed, reservation in a Crown grant, or
warrant of survey prepared by the Surveyor General, and in the absence of
any such instrument, shall be a width of sixty-six feet.
1985,c.38,s.2. |
Public utility easements
|
4.1.(1)
The Minister may grant to a public utility an easement that authorizes the
public utility to have access to any highway or portion of the highway for the
purpose of placing, laying or maintaining the poles, lines, plant or equipment
of the public utility above, across, in, on or under the highway or the
portion of the highway.
2004,c.17s.2.
|
Fee
|
(2)
The Minister may charge a fee in such
amount as may be prescribed or negotiated with the public utility, for the grant of an
easement under subsection (1). |
Liability of utility
|
(3)
Where a public utility conducts any
operations in the exercise of its rights under an easement, the utility is |
|
(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.
|
Relocation expenses
|
(4)
Where an easement may interfere with highway construction or maintenance,
the Minister may relocate the easement and the Minister may recover any
expense incurred by the relocation from the public utility.
1997,c.45,s.1; 2004,c.17.s.2. |
Approval of opening to highway
|
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,
|
|
without the approval of the Minister. |
Costs to be paid by beneficiary
|
(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.
|
Powers of Minister
|
(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;
|
|
|
(c)
make his approval subject to such conditions as he sees fit including a
condition requiring the conveyance of the road to the Crown.
1985,c.38,s.2.
|
Minister to control highway
|
6.
The Minister shall have the supervision and general control over the laying
out, opening, altering, building, improving, maintenance, and repair of all
bridges and other works pertaining to roads, highways and bridges in the
province.
R.S.P.E.I. 1974, Cap.
R-15,s.4.
|
Expenditures under direction of Minister
|
7.
All money granted by the Legislature for laying out, opening, altering,
building, improving, maintenance, repair, and construction of roads, bridges
and other works pertaining to roads, highways and bridges shall be expended,
subject to any resolution of the Legislative Assembly for the apportionment of
the same, under the direction of the Minister.
R.S.P.E.I. 1974, Cap.
R-15,s.5.
|
Report by Minister
|
8.
The Minister shall annually make a report to the Lieutenant Governor in
Council of all the roads, bridges and other works pertaining to roads and
bridges upon which any provincial money has been expended; the report shall be
laid before the Legislative Assembly with a detailed account of the
expenditure for the preceding year, specifying the objects thereof.
R.S.P.E.I. 1974, Cap.
R-15,s.6.
|
Appointment of drivers and machine operators
|
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 Public Works, and such drivers
and operators, before appointment, are required to pass an examination as to their
qualifications.
|
Assignment of operators
|
(2)
The Minister may assign to the respective county engineers such drivers and
operators or such equipment as he shall consider advisable.
R.S.P.E.I. 1974, Cap.
R-15,s.12; 1976,c.29,s.2; 1980,c.2,s.3; 1983,c.1,s.6. |
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.
|
Approval of work
|
(2)
The county engineer shall pass upon and
approve the work of all drivers and operators as a condition precedent to payment
therefor. R.S.P.E.I.
1974, Cap. R-15,s.13. |
Daily record of work to be kept by operators
|
11.
Every driver and operator shall keep a daily record of all work done by him,
on forms furnished for the purpose by the Minister, and shall specify therein
on what road section and at what time the work has been done, and the amount
of work done, and on what road, and the number of days in each section; these
daily records shall be delivered to the district highway supervisor or to the
county engineer each week.
R.S.P.E.I. 1974, Cap.
R-15,s.14.
|
Minister may call and examine witnesses
|
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.
|
Refusal to comply, offence
|
(2)
If any person, on being tendered his reasonable expenses, neglects or
refuses to attend upon the summons of the Minister, or attending neglects or
refuses to produce such books, papers or things, or to answer any questions
that may be put to him by the Minister touching any such matter, he is
guilty of an offence.
R.S.P.E.I. 1974, Cap.
R-15,s.15.
|
Inspectors, appointment and powers
|
13.
The Minister may appoint such and so many persons employed in the Department
of Transportation and Public Works as he may consider advisable as inspectors
under this Act; inspectors have all such powers, duties and responsibilities
in relation to the enforcement of this Act as are vested in a peace officer
under this Act.
1976,c.29,s.3;
1980,c.2,s.3; 1983,c.1,s.6.
|
Officials not personally liable
|
14.
Neither the Minister nor any official or employee of
the Department of Transportation and Public Works is personally liable for any damages
occasioned by the performance in good faith of his duty or by his
carrying out of orders or instructions received by him from a superior.
R.S.P.E.I. 1974, Cap.
R-15,s.16; 1976,c.29,s.4; 1980,c.2,s.3, 1983,c.1,s.6.
|
Conflict of interest, what constitutes
|
15.
No provincial civil servant or any employee of the Department of
Transportation and Public Works shall, directly or indirectly, alone or with
any other person, by himself or by the interposition of any trustee or third
party, have any share or interest whatsoever in any contract let under this
Act.
R.S.P.E.I. 1974, Cap.
R-15,s.17; 1976,c.29,s.4; 1980,c.2,s.3; 1983,c.1,s.6.
|
Winter roads, opening of
|
16.(1)
Where in the opinion of the county engineer it is
considered necessary that winter roads be temporarily opened through fields, they may be
opened by him, without becoming liable to any action for so doing, provided that no
unnecessary damage is done thereby. |
Duration of winter roads
|
(2)
No winter road shall be opened prior to November 15 in any year or continued
to be left open beyond April 15 in the following year.
R.S.P.E.I. 1974, Cap.
R-15,s.18. |
Removing poles etc., an offence
|
17.
Any person who wilfully cuts down or removes any poles or other visible marks
placed at a gateway or opening in fences or entrances to fields to indicate
the course of winter roads is guilty of an offence.
R.S.P.E.I. 1974, Cap.
R-15,s.19. |
Highway development areas
|
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
|
|
|
(b)
to acquire all or a portion of the lands in that area over a period of time
as they become available or are needed for highway purposes,
|
|
the Lieutenant Governor in
Council may by order declare that area of land to be a highway development
area.
1994,c.55,s.1. |
Acquisition of land
|
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.
|
Lease back to owner
|
(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.
|
Lease of expropriated land
|
(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.
|
Termination of lease
|
(4) The Minister may terminate any lease granted under
subsection (2) or (3), notwithstanding the term of the lease, by giving the
lessee ninety days notice to vacate in writing and by sending that notice by
registered mail to the lessee.
1994,c.55,s.1.
|
Request to purchase
|
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.
|
Declaration expires if land not purchased within 2 years
|
(2)
If the Minister, within two years of the receipt by the Minister of a
request to purchase land given under subsection (1), does not purchase the
land made subject to that request to purchase, that land ceases to be
subject to the declaration made under section 17.1.
1994,c.55,s.1. |
Development
|
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,
|
|
within a highway development
area except with the approval in writing of the Minister. |
Approval required
|
(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.
|
Valuation
|
(3) Where approval in writing has been given by the
Minister under subsection (1) or (2), the value of the land shall be
determined as of the date of the declaration under section 17.1 and not
thereafter.
1994,c.55,s.1.
|
Registration
|
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
|
|
|
(c) cause a notice to be sent, by registered mail to the
persons who appear from the records of the registry office in the county in
which the affected land lies to be the owners of the land in the highway
development area, that the land is so affected.
1994,c.55,s.1.
|
Subdivision
|
17.6
Neither the registration of a notice and plan pursuant to section 17.5 nor
the subsequent acquisition of land pursuant to section 17.2 constitutes a
subdivision requiring municipal or other governmental approval.
1994,c.55,s.1. |
Compensation
|
17.7
Where land within a highway development area is expropriated under section
17.2, the owner shall be compensated for that land as though the land were not
in a highway development area.
1994,c.55,s.1.
|
Increase in value |
17.8
Where an owner of land within a highway development
area contravenes section 17.4, no compensation shall be paid to the owner for any increase
in value resulting therefrom.
1994,c.55,s.1.
|
Act prevails on of lands for road purposes
|
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.
|
Expropriation
|
18.
Where any lands are required for the purpose of opening any new road or for
the purpose of altering, widening, raising or diverting any existing public
road or for the construction of any road so opened, altered, widened, raised,
or diverted or for the purpose of draining, any new or existing roads, the
Minister or any other person by his order or under his direction, may enter
upon the lands and make a survey of the same, and a plan and description of
the land shall be filed and registered in the Registry of Deeds for the county
in which the lands lie.
R.S.P.E.I. 1974, Cap.
R-15,s-20.
|
Vesting of land in Crown
|
19.
The filing and registration referred to in section 18 shall vest in Her
Majesty the lands so required and taken over for a public road or for drainage
thereof.
R.S.P.E.I. 1974, Cap. R-
15,s.21.
|
Copy of plan to owners
|
20.
A copy of the plan and description shall be delivered
to the owner or lessee of the lands if known, or if not known shall be posted on the
lands.
R.S.P.E.I. 1974, Cap. R-15,s.22.
|
Agreement on compensation
|
21.
The Minister may make an agreement in writing with the
owner or owners of any lands so expropriated, fixing the compensation to be paid therefor,
which agreement shall contain a description of the lands expropriated, a
reference to the plan and the amount agreed upon for compensation.
R.S.P.E.I. 1974, Cap.
R-15,s.23.
|
Agreement for removal of materials for construction
|
22.
The Minister may make an agreement in writing with the owner or owners
of any land from which it may be necessary or expedient to procure materials
for the construction, repair or maintenance of any roads or bridges, and may,
whether with or without agreement, by his servants or agents enter the land
with such equipment as may be necessary, and dig up and carry away stone, clay
and gravel, or cut and carry away trees, bushes, logs, poles and brush, in a
manner least prejudicial to the owner.
R.S.P.E.I. 1974, Cap.
R-15,s.24.
|
Expropriation
|
23.
Where for any reason, the Minister and the owner of any
lands are unable to enter into any agreement as provided for in sections 21 and 22, the
Minister has and possesses all rights vested in him under the Expropriation Act
R.S.P.E.I. 1988, Cap. E-13, and all of the provisions thereof as to valuation
and appeal apply, with the necessary changes.
R.S.P.E.I. 1974, Cap.
R-15,s.25.
|
Factors in fixing compensation
|
24.
The compensation to which an owner is entitled for lands taken for public
roads under this Act, shall comprise the value of the land taken, and damages
to the land of the owner directly caused by the roads or alterations, after
deducting any benefit accruing to the land of the owner by reason of the
construction of the new road or alteration.
R.S.P.E.I. 1974, Cap.
R-15,s.26.
|
Apportionment of old roads
|
25.
In case of an alteration, the Minister may apportion the old road or parts
thereof to the owners of the land through which the alteration passes, and put
a value thereon as compensation in whole or in part for the land taken for the
alteration and it shall be mentioned in the offer in writing made by the
Minister, and in case of appeal in the certificate of the judge of the Supreme
Court.
R.S.P.E.I. 1974, Cap.
R-15,s.27.
|
Apportionment
|
26.(1)
No apportionment pursuant to section 25 shall be made to
the owner unless the old road passes through or adjoins his lands.
|
Saving for right-of-way and public utility easements
|
(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;
|
|
|
(b) any public utility easement for the purpose of maintaining any line,
plant or system of public utilities located or partially located above, under or on
such apportioned lands existing at the time of apportionment.
1996,c.39,s.3 {eff.} June
13/96.
|
Controlled access highway
|
27.(1)
The Lieutenant Governor in Council may designate any
highway or part thereof as a controlled access highway.
|
Publication where controlled access highway designated
|
(2) A copy of the minute of the Lieutenant Governor in
Council designating a highway or part thereof as a controlled access highway
shall be published in not less than two consecutive issues of the Gazette,
and shall be filed with the Registrar of Deeds for the registration district
in which the highway or part thereof is situated, and notice thereof shall
be posted by registered letter to the adjacent landowner or landowners
concerned and displayed in a conspicuous place on the lands affected.
R.S.P.E.I. 1974, Cap.
R-15,s.29.
|
Restriction where 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
|
|
|
(b) sell, or offer, or expose for sale, any vegetables,
fruit, meat, fish, or other food or produce, or any goods, wares,
merchandise or services, upon or within one hundred and fifty feet of the
limit of the controlled access highway.
R.S.P.E.I. 1974, Cap. R-15,s.30; 1985,c.38,s.4.
|
Designations
|
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
|
|
|
(f)
scenic heritage,
|
|
and may make regulations
respecting the construction or use of any private road, entrance-way or gate
opening onto the class of highways so designated.
(2005,c.52,s.1) |
Contravention of regulations
|
(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.
|
Seasonal highway
|
(3)
A highway or part thereof designated as
seasonal or as scenic heritage shall be deemed to be closed, without further notice, between the dates of
October 31 to December 31 of any year and January 1 to May 1 of the next succeeding year
and no action shall be brought against the Crown for damages sustained by any person using
a seasonal road or a scenic heritage road between those dates.
(2005,c.52,s.1)
|
Non-essential highway, maintenance
|
(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.
|
Application of ss. (4)
|
(5) Subsection (4) applies notwithstanding that the Minister
undertakes some maintenance or improvement of the road.
1985,c.38,s.5;
2005,c.52.s.1.
|
Exemption from municipal bylaw
|
29.1
The Lieutenant Governor in Council may by notice published in the Gazette,
exempt any highway or portion thereof from the application of any municipal
bylaw and any exemption may be made retroactive to a date before the date of
the notice.
1994,c.55,s.2.
|
Costs
|
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.
|
Closure
|
(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.
|
Recovery
|
(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.
|
Filing of order
|
(4) An order for payment under subsection (3) may be filed
with the Supreme Court and shall be deemed to be a judgment obtained in the
Supreme Court for the recovery of a debt in the amount specified in the
order.
1985,c.38,s.5.
|
Closing of private roads, etc. by Minister
|
31.
The Minister or any person acting by or under his authority may at any time
close any private road, entrance-way, or gate constructed, opened or used in
violation of section 28 or 29, and for that purpose may enter himself, or any
person under his authority, if necessary, into and upon any land or part
thereof and adjoining the highway.
R.S.P.E.I. 1974, Cap.
R-15,s.31; 1985,c.38,s.6.
|
Road closure
|
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.
|
Procedure for road closure
|
(2)
Where a road or portion thereof is to be closed under this section |
|
(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,
|
|
and the Minister shall, where he considers it appropriate to do so, publish
the declaration in the Gazette. |
Effect of declaration
|
(3)
A declaration under subsection (2) shall be sufficient public notice that a
road is closed and shall have effect from the date of registration or the
date of execution of the instrument of conveyance, as the case may be. |
Idem, rights-of-way and public utility easements
|
(4)
Where a road or portion of a road is closed, |
|
(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.
|
Removal etc., of public utility infrastructure
|
(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).
|
Transitional
|
(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.
|
Idem
|
(7)
All roads and portions of roads
purporting to have been closed under the authority of this or any other Act before the
date on which this section comes into force shall be deemed to have been validly closed as
if they had been closed in accordance with this section.
1996,c.39,s.4 {eff.} June
13/96. |
Private road, marking of
|
33.
Where a private subdivision road meets a public road the owner of the private
road shall erect a sign at the entrance of the private road indicating that it
is a private road.
R.S.P.E.I. 1974, Cap.
R-15,s.33.
|
Removal of poles, lines, etc.
|
34.(1)
Where
|
|
|
(a) any pole of a public
utility or other person, or any line, plant or equipment of a public
utility, is located above, across, in, on or under a highway; and |
|
|
(b) the Minister
considers it necessary for the pole, line, plant or equipment to be removed
or relocated, |
|
the Minister may cause a
notice to remove the pole, line, plant or equipment to be served on the
public utility or person owning or using the pole, line, plant or equipment. |
Notice to remove
- contents |
(2) The notice
referred to in subsection (1) shall |
|
|
(a) identify |
|
|
|
(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
|
|
|
(b) set out the date by
which the pole, line, plant or equipment shall be removed and relocated. |
Service of
notice to remove |
(3) A notice referred to
in subsection (1) may be served by registered mail to, or personal service
on, the public utility or other person, as the case may be. |
Relocation of
easement |
(4) The Minister may not, under subsection (1), cause a
notice to be given to a public utility until the Minister relocates under
subsection 4.1(4) any easement the public utility may have in respect of the
portion of the highway on which the pole, line, plant or equipment that is
to be removed. |
Obligation to
remove |
(5) A public utility or other person that is served with a
notice in accordance with subsections (1), (2) and (3), shall remove, at the
expense of the public utility or other person, the pole, line, plant or
equipment that is identified in the notice. |
Removal of
poles, lines, etc. by Department |
(6) Where a public utility or other person |
|
(a) is served with a notice under this section to remove any
pole, line, plant or equipment on a public highway; and |
|
|
(b) fails to remove any such pole, line, plant or equipment
by the date specified in the notice, |
|
any official or employee of
the Department of Transportation and Public Works, or any other person
acting by order or direction of the Minister, may without further notice,
remove and relocate to such place as the Minister may designate any such
pole, line, plant or equipment. |
Liability of
government and officials |
(7) Notwithstanding anything to the contrary in any
agreement or purported agreement between a public utility or other person
and the Minister, no public utility or other person has any right of action
or claim against the Government, the Minister, any official or employee of
the Department of Transportation and Public Works or any other person acting
under the authority of this Act for or in respect of the removal and
relocation of any pole, line, plant or equipment of that public utility or
other person. |
Costs of removal
- liability to pay |
(8) Where any pole, line, plant or equipment of a public
utility or other person is moved, removed and relocated under subsection
(6), the public utility or other person, as the case may be, is liable to
pay for all of the costs associated with the removal and relocation, which
shall be a debt due to the Government. |
When costs
payable are due |
(9) Payment of the removal and relocation costs referred to
in subsection (8) is due to the Government on the expiration of 10
days from the date on which a registered letter was sent from the Minister
to the public utility or other person advising of the amount of the costs
payable. |
Certificate
stating amount of costs due and payable |
(10) Where a public utility or other person fails to pay to
the Government any removal or relocation costs before the expiration of 60
days from the date on which payment is due, the Minister may so certify and
may issue a certificate stating the amount due and payable including any
interest chargeable under the regulations and the name of the public utility
or other person by whom it is due and payable. |
Effect of filing
certificate |
(11) A certificate issued under subsection (10) may be filed
with the Registrar of the Supreme Court and, after filing, it shall be
entered and recorded in the court, and when so entered and recorded it has
the same force and effect, and all proceedings may be taken thereunder, as
it were a judgment obtained in the court by the Government against the
public utility or person named in the certificate.
2004, c.17.s.2. |
Financial assistance in moving
|
(2) Repealed
by 1997,c.45,s.2. |
Financial assistance defined
|
(3)
Repealed by 1997,c.45,s.2. R.S.P.E.I. 1974, Cap. R-15,s.34
1980,c.2,s.3; 1983,c.1,s.6; 1997,c.45,s.2; 2004,c.17,s.3. |
Snow fences
|
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.
|
Entry to maintain snow fences
|
(2)
Persons authorized by the Minister may enter any property for the purpose of
setting up and maintaining the snow fences or other structures and no
property owner may claim damage unless through negligence or neglect of the
employees of the Minister. |
Duration of maintenance
|
(3)
Snow fences or other structures may be so
maintained from November 15 in any year to April 15 in the following year.
R.S.P.E.I. 1974,
Cap. R-15,s.35.
|
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;
|
|
|
(d) the owner of the field is compensated for all sub-soil
removed in an amount the rate of which shall be fixed by the Minister from
time to time, but the sub-soil must be measured on the site.
R.S.P.E.I. 1974, Cap. R-15,s.36; 1975,c.26,s.1.
|
Obstruction of highway, offence
|
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.
|
Removal of obstruction
|
(2)
The Minister may order the removal of any
obstruction or encroachment by fencing or otherwise, or by the placing of pulpwood, lumber
or other material on the roads, the opening out or the closing up of any drains,
ditch or water course which has been wrongfully opened out or closed up, or the abating of
any nuisance in respect to highways. |
Rubbish, etc., on or near highway
|
(3)
No person shall put, place, cast, throw, or leave upon or in view of any
road, street, wharf, sidewalk, ditch, gutter, or public place or upon or in
view of any portion of the right-of-way of any road or street aforesaid, any
bottles, dirt, filth or rubbish of any nature whatsoever, or any material,
object or thing which is offensive to the general appearance of the places
set forth above, nor cause obstruction, nuisance, or injury to those places.
R.S.P.E.I. 1974, Cap.
R-15,s.37; 1985,c.38,s.7. |
Sale of obstruction
|
38.
In the case of any person violating the provisions of section 37, the Minister
shall, if the obstruction is saleable, unless sooner claimed, after three days
notice sell it and pay the proceeds to the Provincial Treasurer, if not
saleable he shall cause it to be removed, and the cost of the removal may be
collected from the owner of the obstruction.
R.S.P.E.I. 1974, Cap.
R-15,s.38; 1983,c.1,s.6; 1985,c.38,s.8; 1986,c.5,s.2; 1993,c.29,s.4.
|
Obstructing water course
|
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.
|
Duty of occupier to keep drains open
|
(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.
|
Construction of bridge without approval
|
(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.
|
Removal of obstructions
|
(4) The Minister may cause to be removed any obstructions
so placed as referred to in subsections (1) to (3), in any watercourse or
drain on any highway at the expense of the person causing or being
responsible for the obstruction.
R.S.P.E.I. 1974, Cap.
R-15,s.39; 1985,c.38,s.9.
|
Damage to bridge
|
40.
No person shall cause damage to any bridge within the province by driving a
vehicle in a careless manner or by driving a vehicle loaded beyond its legally
licensed limit or by taking across the bridge loads greater than the posted
safe load of the bridge.
R.S.P.E.I. 1974, Cap.
R-15,s.40.
|
Offence
|
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.
|
Penalty
|
(2) Where any person has been convicted of an offence under
subsection (1), the Minister may recover from that person, as a debt due to
the Crown, the expenses incurred by the Minister in removing the hazard or
material, or repairing the highway.
1997,c.45,s.3.
|
Restriction on building near highway
|
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.
|
Buildings, etc., near intersection
|
(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.
|
Point of intersection defined
|
(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.
|
Billboards or signs near curves
|
(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.
|
Minister's decision final
|
(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.
|
Application of section
|
(6)
This section does not apply to any
incorporated city, town, community or to any area in which the regulations of the Planning
Act R.S.P.E.I. 1988, Cap. P-8 apply.
R.S.P.E.I. 1974, Cap.
R-15,s.41; 1983,c.33,s.66.
|
Cutting down of trees
|
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.
|
Removal of land near highway
|
(2)
When and so often as it may become
necessary in the opinion of the Minister to remove any land in or adjacent to any highway
which obstructs the vision of motorists or otherwise, or buildings or other structure at
the intersection of roads, intersection of road and railroad, dangerous curves in the
highway or where buildings or other structures are considered by the Minister as dangerous
or interfering with the maintenance of the highway, the Lieutenant Governor in Council may
authorize the removal of the land, buildings or other structures by Order in Council. |
Expropriation applies
|
(3)
In the event any buildings or other structures are ordered to be removed by
the Lieutenant Governor in Council the provisions of this Act relating to
expropriation apply.
R.S.P.E.I. 1974, Cap. R-15,s.42. |
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.
|
Removal of dangerous lights
|
(2)
Where, in the opinion of the Minister, a
light is dangerous to travelling safety, the light must be moved or shielded to the
satisfaction of the Minister. |
Correction at expense of owner
|
(3) If the light is not corrected immediately following
written notification from the Minister, the Minister may cause the
correction to be made at the expense of the owner.
R.S.P.E.I. 1974, Cap.
R-15,s.43.
|
Piling, etc., of snow on highways
|
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.
|
Idem
|
(2)
No person shall put, place or pile snow or ice on any part of a public road
which impedes traffic movement or road maintenance, or creates a safety
hazard. R.S.P.E.I.
1974, Cap. R-15,s.44; 1975,c.26,s.2. |
Parking of vehicles on highway
|
45.
No person shall park or leave standing any vehicle, whether attended or
unattended on any part of the public right-of-way at any time or in any manner
which in any way obstructs or otherwise interferes with the operation of any
vehicle or equipment on the highway.
R.S.P.E.I. 1974, Cap.
R-15,s.45.
|
Moving of buildings on highways
|
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.
|
Permit to move, conditions of
|
(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.
|
Overweight vehicle, permit
|
(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.
|
Definition
|
(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.
|
Regulations
|
(3)
The Minister may make regulations prescribing |
|
|
(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;
|
|
|
(d)
penalties for violation of this section or the conditions of a permit.
|
|
R.S.P.E.I. 1974, Cap.
R-15,s.46; 1982,c.27,s.1; 1997,c.44,s.1. |
Penalties
|
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.
|
Injunction
|
(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.
|
Impounding of vehicles
|
(3) A peace officer may impound any vehicle operated by
any person in contravention of section 40, 46, or 49 or any regulations
restricting the weight of vehicles and of loads thereon and may detain the
vehicle until the weight of the load carried thereon is reduced to within
that permitted by the regulations.
R.S.P.E.I. 1974, Cap.
R-15,s.47; 1982,c.27,s.2; 1994,c.58,s.6.
|
Evidence of public road
|
48.(1)
In any suit, information or proceeding of any nature
instituted under this Act, against any person for any offence against this Act, it is
sufficient for the prosecutor or plaintiff to give evidence that the road or highway was
generally known as a public road or highway and that public money has been expended on the
road or highway and no further evidence is necessary to establish the fact that the road
or highway was a public road or highway within the meaning of this Act, and the onus of
proving that the encroachment, obstruction or offence complained of was not upon a part of
a public road or highway is upon the defendant, and every road or highway shall be
presumed to be a width of sixty-six feet, unless where proof is given of its legal
establishment of some other width. |
Proof of
appointment
|
(2) In any action or proceeding under this Act, no proof
is required of the appointment of any highway foreman other than the order
in council appointing the highway foreman.
R.S.P.E.I. 1974, Cap. R-15,s.48.
|
Weighing of vehicles
|
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.
|
Removal of excess 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.
|
Material removed
|
(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.
|
Limitation of action against Minister
|
(4)
No action lies against a peace officer or the Minister or any other person
in respect of any damage done to a vehicle or its load or any loss sustained
by any person as a consequence of anything done or ordered to be done under
this section where the action is not based on malfeasance or misfeasance. |
Offences
|
(5)
A person who |
|
|
(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),
|
|
is guilty of an offence and liable on summary conviction for a first offence to a fine
of not less than $1,000 and for any subsequent offence to a fine of not less than $2,000.
|
Damage to vehicle no defence
|
(6)
An allegation that compliance with an
order under this section would or might damage the tires, wheels, axles or any other part
of the vehicles or load in respect of which the order is made is no defence in
a prosecution for failure to comply with that order.
R.S.P.E.I. 1974, Cap.
R-15,s.49; 1982,c.27,s.3; 1990,c.57,s.1; 1991,c.36,s.2; 1992,c.61,s.1.; 1994,c.58,s.6; 1996,c.39,s.5 {eff.} June 13/96.
|
Production of driver's license and registration
|
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.
|
Offence
|
(2)
Any person who fails to comply with a
demand made under subsection (1) is guilty of an offence and liable on summary conviction
to a fine not exceeding $100.
1985,c.38,s.10.
|
Cash bail bond acceptable from non-residents
|
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.
|
Date of hearing
|
(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.
|
Peace officer agent of non-resident
|
(3)
Where a person gives any sum to a peace officer pursuant to subsection (1)
he thereby appoints the peace officer his agent to appear in the event of
his absence at the place and time provided and plead guilty to the alleged
violation and pay over to the provincial court judge the sum of money
deposited with him.
R.S.P.E.I. 1974, Cap. R-15,s.50; 1982,c.27,s.4. |
Approved weighing device
|
52.(1)
The Lieutenant Governor in Council may
designate a device of a kind that is designed to measure weight as an approved weighing
device for the purpose of weighing vehicles and the loads thereon, and, upon such
designation being published in the Gazette, such device shall be deemed to be an approved
weighing device. |
Approved test weights
|
(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.
|
Accuracy of devices, test by designated person
|
(3)
The Lieutenant Governor in Council may
designate a person as being qualified to test an approved weighing device and certify the
accuracy thereof and, upon such designation being published in the Gazette, a person so
designated shall be deemed to be a person qualified to test an approved weighing device
and certify the accuracy thereof. |
Certificate as
evidence
|
(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.
|
Notice
|
(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.
|
Attendance of signatory
|
(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.
|
Designation of operator of device
|
(7)
The Lieutenant Governor in Council may
designate a person as being qualified to operate an approved weighing device and, upon
such designation being published in the Gazette, a person so designated shall be deemed to
be a person qualified to operate an approved weighing device. |
Evidence of weight
|
(8)
The weight recorded by a person designated under subsection (7) as the
result of the weighing of a vehicle, axle or group of axles on an approved
weighing device is, in the absence of any evidence to the contrary, proof of
the weight of the vehicle, axle or group of axles being weighed.
R.S.P.E.I. 1974, Cap.
R-15,s.52; 1982,c.27,s.4. |
Regulation by city or town
|
53.
Notwithstanding the provisions of this Act the council
of a city or town may make regulations limiting the weight of vehicles which may be driven
on a highway over which such city or town has jurisdiction.
R.S.P.E.I. 1974, Cap.
R-15,s.53. |
|
REGULATIONS
|
Ministerial power regarding weight limits
|
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.
|
Notice
|
(2) The Minister may
erect and maintain signs giving notice of the limit or restriction referred to
insubsection(1), and may publish notice thereof. |
Offence
|
(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,
|
|
contrary to the limit or restriction stated
on the sign or published notice referred to in subsection (2).
2001,c.16,s.2.
|
Regulation by Lieutenant Governor in Council
|
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;
|
|
|
(f) the application
and enforcement of the weight limits, restrictions and tolerances set by the
Minister under section 54;
2001,c.16,s.3.
|
|
|
(g) the relationship between mass in kilograms and weight in kilograms;
|
|
|
(h)
the relationship between weight in kilograms and weight in pounds;
|
|
|
(i)
the allowable dimensions for vehicles or components thereof including
height, width, length, box length, axle and interaxle spacings, rear
overhangs, kingpin setbacks, wheelbase, track width, drawbar length and
fifth wheel offsets;
R.S.P.E.I. 1974, Cap. R-15, s.55; 1982,c.27, s.6; 2001, c.51.s.1.
|
|
|
(j)
prescribing the form of returns to be made, the particulars to be set forth
therein and the persons by whom and the time when or within which the
returns shall be made and all other documents, forms, and returns as may be
considered necessary to give effect to this Act;
2001,c.16,s.3.
|
|
|
(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.
|
|
|
(n) extending or shortening the time for making any report or return
required under this Act.
R.S.P.E.I. 1974, Cap. R-15,s.55;
1982,c.27,s.6; 2001,c.51,s.1; 2001,c.16,s.3; 2005,c.52,s.2.
|
_______ |