Bill 97 2010
An Act to amend the Highway Traffic Act to create an optional modified driver's licence
This Act amends the Highway Traffic Act. For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. The Highway Traffic Act is amended by adding the following section:
Election to hold modified driver's licence
38.1 (1) The Minister may issue a modified driver's licence to a person who has elected to apply for a licence under this section.
Condition: No highway driving permitted
(2) The holder of a modified driver's licence is prohibited from driving a motor vehicle on the following highways:
1. Those parts of the King's Highway known as Nos. 400, 400A, 401, 402, 403, 404, 405, 406, 407, 409, 410, 416, 417, 420 and 427 with posted speed limits greater than 80 kilometres per hour.
2. All of the King's Highway known as the Queen Elizabeth Way.
3. Those parts of the highway known as the Don Valley Parkway, the Gardiner Expressway and the E. C. Row Expressway.
4. That part of the King's Highway known as the Conestoga Parkway from its westerly limit at its intersection with the King's Highway known as Nos. 7 and 8 to its northerly limit at its intersection with the King's Highway known as No. 86.
5. Other highways which may be prescribed in the regulations.
(3) To obtain a modified driver's licence under this section, an applicant must,
(a) submit to and pass a practical examination as prescribed in the regulations;
(b) submit to and successfully complete other examinations as prescribed in the regulations; and
(c) meet the qualifications and requirements prescribed in the regulations.
(4) A practical examination mentioned in clause (3) (a) shall not include a requirement that the applicant drive on one of the highways listed in subsection (2).
(5) The holder of a modified driver's licence shall, in accordance with the regulations, affix a removable marker to the rear of any vehicle being driven by the holder.
Notation on licence
(6) The Minister shall ensure that every modified driver's licence that is issued includes a visible notation on the licence, in accordance with the regulations, to indicate that the licence is subject to a condition.
(7) The Lieutenant Governor in Council may make regulations,
(a) prescribing a highway for the purposes of paragraph 5 of subsection (2);
(b) prescribing qualifications and requirements for applicants for and holders of a modified driver's licence;
(c) prescribing classes of licence holders who may apply for a modified driver's licence;
(d) prescribing circumstances under which the holder of a modified driver's licence may be required to attend before an official of the Ministry for an interview and the examination or examinations that may be required;
(e) prescribing circumstances under which the holder of a modified driver's licence may be required to produce evidence with regard to successful completion of a Ministry approved driver education or improvement course;
(f) prescribing circumstances under which the class of a modified driver's licence may be changed as a consequence of a conviction for any offence under this Act or for a contravention of any condition on the licence;
(g) prescribing markers to be displayed on or in motor vehicles driven by the holder of a modified driver's licence and governing the conditions of their use and the manner of displaying them;
(h) prescribing notations that must appear on a modified driver's licence;
(i) exempting the holder of a modified driver's licence from any requirement under this Part or any regulation made under this Part and prescribing conditions for the exemption.
(8) A holder of a modified driver's licence who contravenes a condition of his or her driver's licence imposed under subsection (2) or under the regulations is guilty of an offence.
2. This Act comes into force six months after the day it receives Royal Assent.
3. The short title of this Act is the Michelle Krohn Act (Modified Driver's Licence), 2010.
The Bill amends the Highway Traffic Act to add a new section 38.1 which creates a modified driver's licence. The Minister may issue a modified driver's licence to persons who elect to hold this licence and who meet the requirements set out in section 38.1.
A modified driver's licence is subject to the condition that the holder is not permitted to drive a vehicle on specified highways. The Bill also provides that any practical test necessary to obtain the modified driver's licence will not require driving on a specified highway.