37:3 Bill 111, Highway Traffic Amendment Act (Helmets), 2002

Levac, Dave

Viewing: Original (current version) pdf

Bill 111 2002

An Act to amend the
Highway Traffic Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1.  (1)  Subsections 104 (2.1) and (2.2) of the Highway Traffic Act, as enacted by the Statutes of Ontario, 1993, chapter 18, section 1, are repealed and the following substituted:

Helmets, self-propelled vehicle

(2.1)  No person shall ride on or operate a bicycle, scooter, skateboard or other self-propelled vehicle on a highway unless the person is wearing a bicycle helmet that complies with the regulations and the chin strap of the helmet is securely fastened under the chin.

Duty of parent or guardian

(2.2)  No parent or guardian of a person under 16 years of age shall authorize or knowingly permit that person to ride on or operate a bicycle, scooter, skateboard or other self-propelled vehicle on a highway unless the person is wearing a bicycle helmet as required by subsection (2.1).

Helmet, roller-blades

(2.3)  No person shall roller-blade or roller-skate on a highway unless the person is wearing a bicycle helmet that complies with the regulations and the chin strap of the helmet is securely fastened under the chin.

Duty of parent or guardian

(2.4)  No parent or guardian of a person under 16 years of age shall authorize or knowingly permit that person to roller-blade or roller-skate on a highway unless the person is wearing a bicycle helmet as required by subsection (2.3).

Requirement to provide identification

(2.5)  A police officer who finds any person contravening subsection (2.1) or (2.3) may require that person to stop and to provide identification of himself or herself.

Same

(2.6)  Every person who is required to stop, by a police officer acting under subsection (2.5), shall stop and identify himself or herself to the police officer.

Same

(2.7)  For the purposes of this section, giving one's correct name and address is sufficient identification.

Same

(2.8)  A police officer may arrest without warrant any person who does not comply with subsection (2.6).

(2)  Clause 104 (3) (c) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 18, section 1, is repealed.

Commencement

2.  This Act comes into force on the day it receives Royal Assent.

Short title

3.  The short title of this Act is the Highway Traffic Amendment Act (Helmets), 2002.

EXPLANATORY NOTE

The Bill amends the Highway Traffic Act to make it an offence for any person to use a skateboard, a scooter, roller blades or roller skates on a highway without wearing a helmet. Parents and guardians of a person under the age of 16 years are also guilty of an offence if they authorize or knowingly permit the person to contravene that restriction.

A police officer may require a person to provide identification if the police officer finds the person contravening the restriction.

The authority to make regulations to exempt persons from the requirement to wear helmets is repealed.

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