Agreed.
---Agreed
Debates of March 24th, 1994
Topics
Bill 9: An Act To Amend The Motor Vehicles Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 847
Some Hon. Members
Bill 9: An Act To Amend The Motor Vehicles Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
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The Chair John Ningark
Clause 20.
Bill 9: An Act To Amend The Motor Vehicles Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 847
Some Hon. Members
Agreed.
---Agreed
Bill 9: An Act To Amend The Motor Vehicles Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
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The Chair John Ningark
Thank you. Clause 21.
Bill 9: An Act To Amend The Motor Vehicles Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 847
Some Hon. Members
Agreed.
---Agreed
Bill 9: An Act To Amend The Motor Vehicles Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 847
The Chair John Ningark
Clause 22.
Bill 9: An Act To Amend The Motor Vehicles Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 847
Some Hon. Members
Agreed.
---Agreed
Bill 9: An Act To Amend The Motor Vehicles Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
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The Chair John Ningark
Qujannamiik. On page five, clause 23.
Bill 9: An Act To Amend The Motor Vehicles Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
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Some Hon. Members
Agreed.
---Agreed
Bill 9: An Act To Amend The Motor Vehicles Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
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The Chair John Ningark
Thank you. Clause 24. Mr. Gargan.
Bill 9: An Act To Amend The Motor Vehicles Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
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Samuel Gargan Deh Cho
Mr. Chairman, was it agreed that there wouldn't be amendments to section 48(2)? It remains the same, right?
Bill 9: An Act To Amend The Motor Vehicles Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 847
The Chair John Ningark
Thank you. The honourable Minister of Transportation.
Bill 9: An Act To Amend The Motor Vehicles Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
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John Todd Keewatin Central
I felt that it was a compromise leaving it the way it was. That's why we left it the way it was. Thank you.
Bill 9: An Act To Amend The Motor Vehicles Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 847
The Chair John Ningark
Thank you. Mr. Gargan.
Bill 9: An Act To Amend The Motor Vehicles Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 847
Samuel Gargan Deh Cho
The compromise was from "reasonably free of dirt and obstacles" to "legible?"
Bill 9: An Act To Amend The Motor Vehicles Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 847
The Chair John Ningark
Thank you. Mr. Minister.
Bill 9: An Act To Amend The Motor Vehicles Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 847
John Todd Keewatin Central
It was my understanding, and I agreed, to leave the legislation the way it was. That's what we agreed to at the meeting, and that's what we brought forward. Thank you.
Bill 9: An Act To Amend The Motor Vehicles Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
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The Chair John Ningark
Mr. Whitford.
Bill 9: An Act To Amend The Motor Vehicles Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
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Tony Whitford Yellowknife South
Under this section, I recall that a considerable amount of debate took place. Yes, there was a proposal to make an amendment that would perhaps change the way this clause read when it came to the responsibility of the vehicle owner to ensure that the licence plate was visible. The way that it read was that it had to be free of dirt and obstruction. This could mean anything. An obstruction or dirt could mean several bugs on your plate, or the ball on your bumper.
Some of the Members were concerned that it could be interpreted -- as it was referred to in the opening statement -- by overzealous police officers and highway patrol officers who wanted to apply strict conformity to this requirement. The highways in the Northwest Territories are improving and will improve in the future to the point where we wouldn't experience the problem we are having today. Anyone who travels the highway between here and Rae during the summer construction period knows all too well that, within half a mile on that highway, the entire back end of the vehicle is totally obscured by mud because of the way they water the roads and they types of conditions that the roads are in. This applies to other dirt highways.
Technically, the driver would be at fault if a police officer checked and there was mud and dirt on the licence plate. Members were concerned with that. In the winter time, we know all too well that the big trucks coming in are covered with snow in the back, as a result of the shape of these trucks. What we were saying is that the word "reasonable" would give them an opportunity to say that the conditions were such that they couldn't see the plate at that time. But, if they were stopped, they could clear it off. They normally do this whenever they stop, and good truckers stop every so often to check their lights and check whatever else they check. They clean these things off. But we know that in a very short period of time again, the condition would apply. That's what we were concerned about.
All I'm going to ask is that we get assurance from the Minister that this will not be interpreted in a strict way, the words "dirt and obstruction." I think that's what the biggest concern was with the trucking industry and with the people using the highways frequently -- was that if there is a little bit of dirt on it, the licence will be deemed obscured by dirt. A ticket could be given. I recognize the fact that the deputy Minister has said that it has never been a problem in the past, but that doesn't necessarily mean it isn't not going to be a problem in the future.
To assure the Members and the constituents who are concerned, can we get some interpretation or assurance that this is not going to be a problem in the future? Thank you.
Bill 9: An Act To Amend The Motor Vehicles Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 847
The Chair John Ningark
Thank you, Mr. Whitford. I can hear you loud and clear.
---Laughter
Mr. Minister.
Bill 9: An Act To Amend The Motor Vehicles Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
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John Todd Keewatin Central
Thank you, Mr. Chairman. Yes, you have my assurances that we'll continue to interpret the act as we have done in the past. As the deputy Minister said in the
Standing Committee on Legislation meeting, there have been no problems to date. That's why we reached the compromise of leaving the act the way it was. Yes, yes, yes. Thank you.
Bill 9: An Act To Amend The Motor Vehicles Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
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The Chair John Ningark
Thank you. Clause 24.
Bill 9: An Act To Amend The Motor Vehicles Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 848
Some Hon. Members
Agreed.
---Agreed
Bill 9: An Act To Amend The Motor Vehicles Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 848
The Chair John Ningark
Thank you. Mr. Gargan.
Bill 9: An Act To Amend The Motor Vehicles Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
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Samuel Gargan Deh Cho
Mr. Chairman, I recognize that if you're on the highway and the conditions are so that your plates are covered, then it might be reasonable for the officer or the driver to clean the plates to have it free of dirt and obstacles. But, if it goes to the courts, how would the legal interpreter interpret this section?
If, at that time, the conditions are such that you cannot control the amount of dirt or obstacles on your plate, then I would think you would have to interpret the case according to the law. That means I would be guilty of the offence under this section, right? There would be no two ways about it.