HIGHWAY TRAFFIC ACT
TOWN
OF
TRAFFIC
REGULATIONS
Pursuant
to the power delegated by the Minister of Transportation and Works under
section 189 of the Highway Traffic Act, RSNL 1990 cH-3 and pursuant to
the authority conferred by section 414 (2) (oo) of the Municipalities
Act, 1999, SNL 1999
cM-24, the Town of Reidville hereby enacts the following Regulations
which were adopted at a Public Council Meeting held on the __13__ day of
_____February___, 2012.
MAYOR
1. TITLE
These Regulations shall be known and cited as "The Town
of Reidville Traffic Regulations.”
2. DEFINITIONS
In these Regulations, the following words, unless the
context otherwise requires, shall have the following meanings:
(a) "Bus" means a motor vehicle designed or used for
the transportation of passengers with a seating capacity of 10 or more in
addition to the driver, but excluding those motor vehicles when used for
personal transportation by the owner or with the owner’s permission.
(b) "Commercial Motor Vehicle"
means a vehicle designated to carry goods and persons and includes a bus, a
school bus, a truck (excluding vehicles 1 ¼ tones and under), a truck trailer
and other motor vehicles designed for commercial use but does not include
camper type vehicles designed or adopted exclusively for recreational purposes.
(c) "Council"
means the Town Council of Reidville.
(d) "Crosswalk"
means:
(i) Any part of a roadway at an intersection or elsewhere
distinctly indicated for pedestrian crossing by signs or by lines or other markings
on the surface; or
(ii) The part of a roadway at an intersection that is included
within the connection of the lateral lines of the sidewalks of the opposite
sides of a highway, measured from the curbs, or in the absence of curbs, from
the edge of the roadway.
(e) "Driveway" means a clearly defined private
roadway, path or passage or a like opening or space which is wide enough, but
not wider than is necessary for the passage of a motor vehicle, whereby the
owner, occupier or user of property has vehicular access from the roadway to a
point within the property.
(f) "Emergency
Vehicle" means:
(i) A motor vehicle driven by a constable or by a member of
the police branch of any of Her Majesty's Armed Forces or a peace officer being
a member of the Royal Newfoundland Constabulary or the Royal Canadian Mounted
Police where there is an urgent emergency justifying a rate of speed in excess
of any maximum rate of speed provided for in these Regulations;
(ii) A motor vehicle carrying firefighting
equipment in responding to an alarm of fire;
(iii) An ambulance responding to a call or transporting a patient
where there is an urgent emergency justifying a rate of speed in excess of any
maximum rate of speed provided for in these Regulations; or
(iv) A motor vehicle where there is
an urgent emergency.
(g) "Highway" means a place or way, including a
structure forming part of the place or way, designed and intended for, or used
by the public for the passage of traffic and includes all the space between the
boundary lines of the place or way.
(h) "Intersection" means the area enclosed within
the prolongation or
connection of the lateral curb lines or if there are no curb
lines, the lateral boundary lines of two or more highways that join one another
at an angle, whether or not one of the highways cross the other.
(i) "Motor Vehicle" means a vehicle propelled,
driven or controlled otherwise than by muscular power, other than a trailer or
a vehicle running on fixed rails.
(j) "Municipal Enforcement Officer" means for the
purpose of these Regulations a peace officer with the powers as outlined in the
Municipalities Act, cM-24, RSNL, 1999
and amendments and as outlined in the Highway
Traffic Act, cH-3, RSNL 1990 and amendments.
(k) "Operator" means a person driving a motor vehicle
on a highway or who has the care or control of the motor vehicle on a highway
whether in motion or not.
(l) "Owner" means:
(i) The
person who holds the legal title to a vehicle; or
(ii) In the case of a vehicle that is registered, the person in
whose name it is registered.
(m) "Park" means to permit a vehicle whether occupied
or not, to stand otherwise than temporarily for the immediate purpose of and
while actually engaged in loading or unloading goods or taking up or setting
down passengers or in obedience to traffic Regulations or traffic signs or the
direction of a traffic officer.
(n) "Pedestrian" means a person on foot, a
handicapped person in a wheelchair, or a child in a carriage or on a sleigh
being pushed or pulled.
(o) "Persons" means any persons, firm, partnership,
association, corporation, or any organization of any kind.
(p) "Regulations" means Town of
(q) "Roadway" means a portion of a highway that is
improved, designed, or ordinarily used for vehicular traffic, but does not
include the shoulder unless the shoulder is paved, and where a highway includes
two or more separate roadways, the term "roadway" refers to any one
roadway separately and not to all of the roadways collectively.
(r) "School
bus" means a motor vehicle:
(i) Designed or used to carry 7 or more passengers, in
addition to the driver;
(ii) Owned, operated by or contracted to a school board or
agent of a school board; and
(iii) Used to transport children to or from
school or to and from places other than school for the purpose of school
related activities.
(s) "Sidewalk" means that portion of a highway
between the curb lines or the lateral lines of a roadway and the adjacent
property lines set apart for the use of pedestrians and includes any part of a
highway set apart or marked as being for the exclusive or intended use of
pedestrians and is considered to include an area of a highway lying between the
curb lines or the lateral lines of a roadway and that portion of a highway set
apart for the use of pedestrians.
(t) "Stop"
when required means the complete cessation of movement.
(u) "Stop" or "Stand" when prohibited means
any stopping or standing of a vehicle whether occupied or not except when
necessary to avoid conflict with other traffic or in compliance with the
direction of a traffic officer or traffic control device or signal.
(v) "Town" means the Town
of
(w) "Traffic" includes vehicles, pedestrians and
animals while using a highway for the purpose of travel.
(x) "Traffic Officer" means any
person appointed by Council to enforce these Regulations, including a Municipal
Enforcement Officer.
(y) "Traffic Sign" includes all traffic control
signals, warning sign posts, direction posts, signs, lines, marks or other
devices for the guidance or persons using highways.
(z) "Vehicle" means a device in, upon or by which a
person or property may be transported or driven upon a highway.
3. COUNCIL
AUTHORITY
(a) The Council may cause or permit traffic lights or signs to
be placed on or near any highway within the limits of the Town.
(b) Traffic lights or signs erected or authorized under
subsection (1) of these Regulations may be signs for any of the following
purposes;
(i) To
regulate the movement of traffic;
(ii) To
indicate the route to be followed by traffic;
(iii) To restrict or prohibit the use of any part of any highway,
other than a main highway designed as such by the Minister of Transportation
and Works, within the limits of the Town;
(iv) To indicate maximum speed limits in any area or on any part
of any highway within the limits of the Town, so that vehicles driven in excess
of such speed shall be taken to have failed to conform to the indication given
by the sign;
(v) To restrict or prohibit the parking of vehicles in any
area or on any part of any highway within the limits of the Town;
(vi) To restrict or prohibit temporarily the use of any highway,
other than a main highway designated as such by the Minister of Transportation
and Works, or any part of any highway within the limits of the Town, whenever,
owing to the likelihood of danger to the public or serious damage to the
highway, it appears to the Council to be necessary; and to limit the loads of
vehicles owing to the condition of the highway if the Council deems it
necessary, provided that the traffic lights or signs shall not apply to any
person granted a permit in writing by the Council to use the highway in case of
an emergency;
(vii) To warn
users of the highway of the need for special caution;
(viii) To convey information to users of the highway within the
limits of the Town;
(ix) To set out proper pedestrian crossing on any highway
within the limits of the town; and
(x) To restrict or reserve specific parking spaces for the
sole use of disabled person.
(c) Any person who fails to comply with the directions,
restrictions, prohibitions, or warnings given by traffic lights or signs
erected in accordance with these Regulations shall be guilty of an offence
against these Regulations.
4. PARKING
OFFENCES
(a)
No person shall stop, stand or park a vehicle on a highway
so that the vehicle or any part of it is:
(i) On a shoulder or an area generally used by or intended for
use by pedestrians;
(ii) In front of a public or private driveway or in front of an
authorized loading door designated as such;
(iii) Within 6 metres of an intersection;
(iv) Within 5 metres
from any fire hydrant;
(v) Within a crosswalk;
(vi) Within 6 metres of
the approach side of a crosswalk;
(vii) Within 8 metres upon the approach to any
flashing beacon, stop sign, or traffic-control sign or signal located at any
side of a roadway;
(viii) Within 6 metres either side of the entrance to or exit from a
hotel, church, school, public meeting place, theatre, dance hall or playground;
(ix) Within a distance of 20 metres from a bus stop erected
under these Regulations, except where otherwise provided by a sign erected
under these Regulations;
(x) Within 6 metres of a driveway entrance to a fire station;
(xi) Alongside or opposite a street excavation or obstruction
when stopping, standing or parking obstructs traffic;
(xii) In a place in contravention of a traffic
control device that gives notice that stopping, standing or parking is there
prohibited or restricted;
(xiii) Parked on the left side of the highway in the direction it is
heading, excepting where such parking is designated by proper signs erected by
Council;
(ivxx) Within 150 metres of any site where a fire is in progress
unless permission has been obtained from a police constable, excepting a fire
engine, ambulance, clergy car, police car, medical doctor's car or nurse's car;
(vxx)
Parked in such a manner as to
interfere with, hinder or obstruct the normal flow of traffic;
(vixx)
Parked on highway property between
the curb or edge or the roadway and the boundary line of the highway;
(viixx) On any property classified
as an easement or upon which Council
grants a permit;
(viiixx) For the purpose of displaying the vehicle
for sale;
(ixx) For the purpose of washing, greasing or repairing the
vehicle, except for such repairs as have been necessitated by an emergency;
(xx) Parked in an area designated as a parking space for disabled
persons only.
(b)
No person shall double park any motor vehicle on any highway
within the limits of the Town.
(c)
No person shall stand, stop or park or drive a vehicle upon
any highway or public area within the Town in contravention to any signs that
may be posted by Council.
5. COMMERCIAL
VEHICLES OFFENCES
(a) The Council is hereby authorized to determine and
designate these streets in the Town, which shall be used by commercial motor
vehicles.
(b) These
Regulations shall not prohibit:
(i) The
operation of commercial motor vehicles upon any street
where necessary to
the conduct of business at a destination point, provided that streets upon
which such traffic is permitted are used until reaching the intersection
nearest the destination point;
(ii) The operation of an emergency vehicle upon any street in
the Town;
(iii) The operation of commercial motor vehicle owned or operated
by the Town, Public Utilities or any contractor engaged in the repair, delivery
of materials, maintenance or construction of streets, street improvements, or
street utilities within the Town of Reidville; or
(iv) The operation of
commercial motor vehicles upon any officially established detour in the Town of
(c) No person shall park any commercial motor vehicle in any
residential zone in the Town of
(d) An application for a permit to park any commercial motor
vehicle in any mixed development zone shall be made to the Council in such form
as prescribed by the Council and every applicant for a permit shall furnish
with the application such information as Council may require.
(e) The Council shall attach to the permit such conditions as
it deems fit for the parking of any commercial motor vehicle in a mixed
development zone and may permit parking for such limited time as it deems fit.
(f) The driver of a commercial vehicle loading or unloading
freight within the Town shall, if
possible, place such vehicle off the highway into some private parking space;
where no alternative loading or unloading point exists, place such vehicles as
near as possible to the curb or side of the highway and load or unload as
quickly as possible, but in no case shall a driver place a commercial vehicle
in such a position as to excessively hinder or obstruct the normal flow of
traffic either vehicular or pedestrian.
6. OTHER LIMITATIONS
(a) No structure, object or vehicle, other than a vehicle
licensed under the Highway Traffic Act, shall move over a highway or bridge,
within the Town except with the written approval of Council.
(b) Notwithstanding subsection (1), no vehicle that is
propelled over tracks or other device, other than tires, shall move over a
highway or bridge, within the Town except with the written approval of Council.
7. ANTI
LITTER OFFENCES
(a) A person shall not throw or deposit or cause to be thrown,
deposited or left on a highway, glass, nails, tacks scraps of metal or other
material which may injure tires of vehicles or rubbish, or refuse or waste.
(b) A person who removes a wrecked or damaged vehicle from a
highway shall remove glass or any injurious substance or thing dropped upon the
highway from the vehicle.
(c) No
person shall place any object or structure (including objects or
structures used for
street sports), on any street which interferes with the flow of traffic. Any
object or structure so placed may be removed by any person authorized by
Council, at the owner’s expense.
8. OFFENCE
Notwithstanding
the Summary Proceedings Act, any person who violates any of the provisions of
these Regulations, shall be guilty of an offence and shall be liable on summary
conviction to a fine or not more than the maximum and not less than the minimum
amount as prescribed for the offence in Schedule "A" to these
Regulations and appearing in that Schedule opposite the number or letter or
both of the Regulations, subsection or paragraph.
9. REPEAL
OF PREVIOUS REGULATIONS AND AMENDMENTS
All Previous
Town of Reidville Traffic Regulations and amendments are repealed.
10. COMPLIANCE
WITH OTHER ACTS AND REGULATIONS
Nothing in these Regulations
serves to exempt any person from obtaining any license, permission, permit,
authority or approval required by any other regulation of the Town or any
statute or regulation of the
11. EFFECTIVE
DATE
These
Regulations shall come into force on 1 day of May , 2012.
In witness whereof the Seal of the Town of Reidville has been affixed
hereto and these regulations have been signed by the Mayor and the Chief
Administrative Officer on behalf of Council on this day of , 2012.
NAME
Mayor
NAME
Chief Administrative Officer
SCHEDULE A
Town of _______REIDVILLE______
Schedule of Fines
|
Section |
Subsection |
|
Offence |
Fine |
|
4 |
(a) |
(i) |
Parking on sidewalk |
$50.00 |
|
|
|
(ii) |
Parking in front of public or private driveway |
$50.00 |
|
|
|
(iii) |
Parking within 6 metres of intersection |
$50.00 |
|
|
|
(iv) |
Parking within 5 metres of fire hydrant |
$50.00 |
|
|
|
(v) |
Parking within a crosswalk |
$100.00 |
|
|
|
(vi) |
Parking within 6 metres of a crosswalk |
$50.00 |
|
|
|
(vii) |
Parking within 8 metres of a traffic control device |
$50.00 |
|
|
|
(viii) |
Parking within 6 metres of an entrance or exit to hotel,
church, school, public meeting place, theatre, dance hall or playground |
$50.00 |
|
|
|
(ix) |
Parking within 20 metres of a bus stop |
$50.00 |
|
|
|
(x) |
Parking within 6 metres of a fire station |
$50.00 |
|
|
|
(xi) |
Parking opposite or beside a street excavation |
$50.00 |
|
|
|
(xii) |
Parking contrary to signs |
$100.00 |
|
|
|
(xxiii) |
Parking on left side of highway |
$50.00 |
|
|
|
(ixx) |
Parking within 150 metres of the site of a fire |
$50.00 |
|
|
|
(xx) |
Parking as to obstruct traffic |
$50.00 |
|
|
|
(xxi) |
Parking on highway property outside curb |
$50.00 |
|
|
|
(xxii) |
Parking on property classified as easement |
$50.00 |
|
|
|
(xxiii) |
Parking on highway to display vehicle for sale |
$50.00 |
|
|
|
(ixv) |
Parking on highway for repairs |
$50.00 |
|
|
|
(xv) |
Parking in area for disabled persons |
$75.00 |
|
|
(b) |
|
Double Parking |
$50.00 |
|
|
(c) |
|
Parking away from the curb |
$50.00 |
|
|
(d) |
|
Stop stand or park in area prohibited by signs |
$30.00 |
|
5 |
(c) |
|
Commercial motor vehicles parking in residential zones
without a permit |
$100.00 |
|
6 |
(a) |
|
Parking so as to obstruct snow clearing |
$50.00 |
|
|
(b) |
|
Parking on a highway or municipal parking area between 12
midnight and 10:00 am |
$50.00 |
|
7 |
(a) |
|
Movement of
structure, object or vehicle not licensed under the Highway Traffic Act
without Council approval. |
$50.00 |
|
|
(b) |
|
Movement of vehicle not on tires without approval of
Council |
$50.00 |
|
9 |
(a) |
|
Throwing injurious materials or rubbish on highway |
$50.00 |
|
|
(b) |
|
Failure to remove glass or injurious substance dropped
upon the highway from a wrecked vehicle |
$50.00 |
|
|
(c) |
|
Placing object or structure on a street |
$50.00 |
Date
of Gazette
SNOW
CLEARING REGULATIONS
Pursuant
to the power delegated by the Minister of Transportation and Works under
Section 189 of the Highway Traffic Act,
cH-3, RSNL 1990 and pursuant to the authority conferred by Section 414 (2) (oo)
of the Municipalities Act, 1999,
cM-24, SNL 1999, the Town of Reidville hereby enacts the following Regulations
which were adopted at a Public Council Meeting held on the __13__ day of ___February_____,
2012.
MAYOR
1. TITLE
These Regulations shall be known as
the “Town of
2. DEFINITIONS
(a)
“Regulations” shall mean the Town of
(b)
“Council” shall mean the Town Council of the Town of
(c)
“Municipal Enforcement Officer” means for the purpose of
these Regulations, a peace officer with the powers as outlined in the
Municipalities Act, M-24, RSN 1999 and amendments and as outlined in the
Highway Traffic Act, RSN 1990, Chapter H-3 and amendments.
(d)
“Persons” means any person, firm, partnership, association,
corporation or any organization of any kind.
(e)
“Street” shall mean any street, road or highway or any other
way designed or intended for public use for the passage of vehicles and
pedestrians, owned by the Authority or other public agency and maintained at
public expenses and is accessible to Fire Department vehicles and equipment.
(f)
“Road Reservation” shall mean an area determined by Council
that is reserved for a street, a future street or future street improvements
and shall be a minimum of 12.2 metres (40 feet) in total and 6.1 metres (20
feet) measured from the centreline.
(g)
“Town” shall mean the Town of
3. SNOW CLEARING PERIOD
(a)
The period between the first day of December in each year
and the last day of April in the year following and any other period when
unusual snow and/or ice conditions prevail, shall be known as the “Snow
Clearing Period”.
(b)
The “Snow Clearing Period” shall include the first day of
December and the last day of April.
4. PARKING
(a)
No person shall park an unattended vehicle on any street,
road reservation or municipal parking areas in such a way as to interfere with;
hinder or obstruct snow clearing operations.
(b)
No person shall park an unattended vehicle on any street or
road reservation within the Town:
(i)
between the hours of 12:00 midnight and 10:00 a.m. during
the Snow Clearing Period regardless of weather conditions; or
(ii)
during a snowstorm; or
(iii)
during the 24 hours immediately following a snow storm; or
(iv)
during such other
period as may be declared by Council to enable clean-up after a severe storm or
snowfall.
5. DEPOSITING OF SNOW
No person shall deposit or cause or
permit to be deposited any snow and/or ice from driveways, sidewalks, parking
lots or any other property under their ownership or control, onto any street or
road reservation within the Town.
6. LIABILITY FOR DAMAGES
Claims against the Town for damage
to mobile or portable articles, garbage boxes, buildings, fences, trees,
shrubs, ledges, rock walls and lawns on private property will be accepted by
the Town when they occur, as a result of being struck by equipment operated by
employees of the Town or by Town contractors during the periods of time they
are engaged in work on behalf of the Town and where they occur at a distance
not less than 6.1 metres (20 feet) from the centreline of the street.
7. DISCLAIM OF DAMAGES
No
claims for damages to property will be accepted by the Town where:
(a)
the damages occurred on or to property located within 6.1
metres (20 feet) from the centerline of the street; or
(b)
the damages occurred as a result of the weight of the snow
and/or ice deposited on mobile or portable articles, garbage boxes, buildings,
fences, trees, shrubs, hedges, rock walls and lawns; or
(c)
lawns become brown or decayed as a result of the deposit of
snow and/or ice; or
(d)
a claim for
damages is received by the Town after May 31 of the year in which the snow
clearing period ends.
8. PENALTIES
(a)
Any unattended vehicle parked in contravention of these
Regulations within the Town may be removed by or on behalf of the Town and
impounded, and the total cost of removal and impounding may be recovered from
the owner of the vehicle as a civil debt.
(b)
Every person who violates or fails to comply with any
provisions of these Regulations is guilty of an offence and shall be liable on
summary conviction to a fine as prescribed in the Town of
(c)
Any person who violates or fails to comply with any
provision of these Regulations is guilty of an offence and on summary
conviction is liable to a fine not exceeding one thousand dollars ($1,000.00)
or, in default, to a period of imprisonment not exceeding ninety (90) days, or
to both such fine and period of imprisonment.
(d)
The conviction of a person under sub-section (c) does not
operate as a bar to further prosecution for the continued failure on the part
of a person to comply with these Regulations.
9. PROSECUTION
Prosecution
under these Regulations may be taken summarily by a Municipal Enforcement
Office, Police Constable or by person authorized by Council.
10. PREVIOUS REGULATIONS
All previous Town of
11. COMPLIANCE WITH OTHER ACTS AND
REGUALTIONS
Nothing is these Regulations served
to exempt any person from obtaining any license, permission, permit, authority
or approval required by any other regulations of the Town or any statute or
regulation of the
12. EFFECTIVE DATE
These Regulations shall come into
force the ___1___
day of ____May_________, 2012.
In
witness whereof, the Seal of the Town of
Mayor
Chief Administrative Officer
Date
of Gazette: March 23, 2012