38:1 Bill 129, Highway Traffic Amendment Act, 2004

Milloy, John

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Bill 129 2004

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(2.1) and (2.2) of the Highway Traffic Act, as enacted by the Statutes of Ontario, 1993, chapter 18, section 1, are repealed and the following substituted: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

(2.1)  No person shall ride on or operate a bicycle, scooter, skateboard or other vehicle powered by muscular power, except a wheelchair, on a highway unless the person is wearing a 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 the person to ride on or operate a bicycle, scooter, skateboard or other vehicle powered by muscular power, except a wheelchair, on a highway unless the person is wearing a helmet as required by subsection (2.1).

Helmet, in-line skates

(2.3)  No person shall in-line skate or roller skate on a highway unless the person is wearing a 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 the person to in-line skate or roller skate on a highway unless the person is wearing a helmet as required by subsection (2.3).

Exception

(2.5)  Subsections (2.1) and (2.3) do not apply to a person who does not wear a helmet because to do so would interfere with his or her religious beliefs or practices.

Same

(2.6)  Subsections (2.2) and (2.4) do not apply to a parent or guardian of a person under 16 years of age to whom subsection (2.5) applies.

Same

(2.7)  Nothing in subsection (2.5) relieves a person of his or her obligations to comply with subsections (2.8) and (2.9).

Requirement to provide identification

(2.8)  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

(2.9)  Every person who is required to stop by a police officer acting under subsection (2.8) shall stop and identify himself or herself to the police officer.

Same

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

Same

(2.11)  A police officer may arrest without warrant any person who does not comply with subsection (2.9).

(2)  Clause 104 (3) (c) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 18, section 1, is repealed.

2.  (1)  Section 160 of the Act is amended by striking out "bicycle, coaster, roller skates, skis, toboggan, sled or toy vehicle" and substituting "bicycle, scooter, skateboard, toboggan, sled or toy vehicle or wearing roller skates, in-line skates or skis".

(2)  Section 160 of the Act is amended by adding the following subsection:

Same

(2)  No person who is riding upon a bicycle, scooter, skateboard, toboggan, sled or toy vehicle or wearing roller skates, in-line skates or skis shall attach the same, himself or herself to a vehicle or streetcar.

Commencement

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

Short title

4.  The short title of this Act is the Highway Traffic Amendment Act, 2004.

EXPLANATORY NOTE

The Bill amends the Highway Traffic Act to make it an offence for any person to use a skateboard, a scooter, in-line skates 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 this restriction. There is an exemption for a person who does not wear a helmet because to do so would interfere with his or her religious beliefs or practices.

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.

The Bill also amends the Highway Traffic Act to extend the prohibition against towing a person to include in-line skates and prohibits the person riding a bicycle, scooter, skateboard, toboggan, sled or toy vehicle or wearing roller skates, in-line skates or skis from attaching themselves to a vehicle or streetcar.

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