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Monday, October 4, 2010

CANADA, Province's Highway Traffic Act changes Friday

OFF THE WIRE
N.L. police need no reason to stop drivers

Read more: http://www.cbc.ca/canada/newfoundland-labrador/story/2010/10/3/nl-driving-laws-930.html#ixzz11JwLwR4r
Police in Newfoundland and Labrador will be able to pull over drivers without having to give a reason beginning Friday.

Legislative changes made to the Highway Traffic Act to address safety on the province's highways come into effect Oct. 1.

Government Services Minister Kevin O'Brien said it's part of an effort to crack down on impaired driving.

"We brought that forward because the police were having a problem in regards to having a specific item to pull a driver over, had to be visual and if you didn't have a specific item to pull them over and they were impaired or under the influence of drugs, or whatever, there is a perception that it wouldn't hold up in court," O'Brien said Thursday.

When the change was proposed last spring, St. John's criminal lawyer Bob Simmons said it would give police too much power and could lead to abuse.

"Right now for police to stop people, they have to have a justifiable objective cause. Why is that? Because if we don't have a reasonable rational reason for police to stop someone then the powers can be misused. That's the law as it presently sits," he said in June.

Beginning Friday, texting with a hand-held device while driving will also be illegal. Fines will range from $100 to $400.

According to a government news release, the legislative changes that will be proclaimed as of Oct. 1, 2010, will:

•Authorize police to use traffic safety stops as a means of determining whether drivers are impaired, driving while suspended or driving without insurance, among other serious offences.
•Increase the current 24-hour driver's licence suspension to a minimum of seven days (14 days for a repeat offence) for drivers with a blood alcohol level of greater than 0.05 per cent, down from 0.08 per cent.
•Reduce the allowable blood alcohol level to 0.0 per cent from the current .05 per cent, for drivers accompanying a novice driver.
•Prohibit the use of electronic devices such as cellphones, BlackBerries and iPhones to send or read text messages, or programming GPS devices while the vehicle is in motion, which can distract drivers from driving safely.
Nova Scotia, Prince Edward Island, Quebec, Ontario, Manitoba and British Columbia now have similar legislation, banning not only cellphones but also the use of additional and newer electronic devices.

Read more: http://www.cbc.ca/canada/newfoundland-labrador/story/2010/09/30/nl-driving-laws-930.html#ixzz11JvASFwP