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New Brunswick’s Demerit Points

 

DRIVER RELATED VIOLATIONS/DEMERIT POINTS

New Brunswick Coat of Arms

Criminal Code (Canada) violations

Column I Column II
Provision number Demerit Points

Criminal Negligence

Criminal Negligence

219. (1) Every one is criminally negligent who
(a) in doing anything, or
(b) in omitting to do anything that it is his duty to do,
shows wanton or reckless disregard for the lives or safety of other persons.

Definition of “Duty”

(2) For the purposes of this section, “duty” means a duty imposed by law.

R.S., c. C-34, s. 202.

(Points)- 10 points

Causing Death by Criminal Negligence

220. Every person who by criminal negligence causes death to another person is guilty of an indictable offence and liable
(a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and
(b) in any other case, to imprisonment for life.

R.S., 1985, c. C-46, s. 220; 1995, c. 39, s. 141.

- 10 points

Causing Bodily Harm by Criminal Negligence

221. Every one who by criminal negligence causes bodily harm to another person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

R.S., c. C-34, s. 204.

- 10 points

Motor Vehicles, Vessels and Aircraft

Dangerous Operation of Motor Vehicles, Vessels and Aircraft

249. (1) Every one commits an offence who operates
(a) a motor vehicle in a manner that is dangerous to the public, having regard to all the circumstances, including the nature, condition and use of the place at which the motor vehicle is being operated and the amount of traffic that at the time is or might reasonably be expected to be at that place;
(b) a vessel or any water skis, surf-board, water sled or other towed object on or over any of the internal waters of Canada or the territorial sea of Canada, in a manner that is dangerous to the public, having regard to all the circumstances, including the nature and condition of those waters or sea and the use that at the time is or might reasonably be expected to be made of those waters or sea;
(c) an aircraft in a manner that is dangerous to the public, having regard to all the circumstances, including the nature and condition of that aircraft or the place or air space in or through which the aircraft is operated; or
(d) railway equipment in a manner that is dangerous to the public, having regard to all the circumstances, including the nature and condition of the equipment or the place in or through which the equipment is operated.

Punishment

(2) Every one who commits an offence under subsection (1)

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.

Dangerous Operation causing Bodily Harm

(3) Every one who commits an offence under subsection (1) and thereby causes bodily harm to any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

Dangerous Operation causing Death

(4) Every one who commits an offence under subsection (1) and thereby causes the death of any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

R.S., 1985, c. C-46, s. 249; R.S., 1985, c. 27 (1st Supp.), s. 36, c. 32 (4th Supp.), s. 57; 1994, c. 44, s. 11.

- 10 points

Failure to Stop at Scene of Accident

252. (1) Every person commits an offence who has the care, charge or control of a vehicle, vessel or aircraft that is involved in an accident with
(a) another person,
(b) a vehicle, vessel or aircraft, or
(c) in the case of a vehicle, cattle in the charge of another person,
and with intent to escape civil or criminal liability fails to stop the vehicle, vessel or, if possible, the aircraft, give his or her name and address and, where any person has been injured or appears to require assistance, offer assistance.
- 10 points

Operation while Impaired

253. (1) Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,
(a) while the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or
(b) having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.

For Greater Certainty

(2) For greater certainty, the reference to impairment by alcohol or a drug in paragraph (1)(a) includes impairment by a combination of alcohol and a drug.

R.S., 1985, c. C-46, s. 253; R.S., 1985, c. 27 (1st Supp.), s. 36, c. 32 (4th Supp.), s. 59; 2008, c. 6, s. 18.

- 10 points

Definitions

254. (1) In this section and sections 254.1 to 258.1,

Failure or Refusal to Comply with Demand

(5) Everyone commits an offence who, without reasonable excuse, fails or refuses to comply with a demand made under this section.

- 10 points

Punishment

255. (1) Every one who commits an offence under section 253 or 254 is guilty of an indictable offence or an offence punishable on summary conviction and is liable,
(a) whether the offence is prosecuted by indictment or punishable on summary conviction, to the following minimum punishment, namely,

(i) for a first offence, to a fine of not less than $1,000,

(ii) for a second offence, to imprisonment for not less than 30 days, and

(iii) for each subsequent offence, to imprisonment for not less than 120 days;

(b) where the offence is prosecuted by indictment, to imprisonment for a term not exceeding five years; and
(c) if the offence is punishable on summary conviction, to imprisonment for a term of not more than 18 months.

Impaired Driving causing Bodily Harm

(2) Everyone who commits an offence under paragraph 253(1)(a) and causes bodily harm to another person as a result is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.

Blood Alcohol Level over Legal Limit — Bodily Harm

(2.1) Everyone who, while committing an offence under paragraph 253(1)(b), causes an accident resulting in bodily harm to another person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.

Failure or Refusal to Provide Sample — Bodily Harm

(2.2) Everyone who commits an offence under subsection 254(5) and, at the time of committing the offence, knows or ought to know that their operation of the motor vehicle, vessel, aircraft or railway equipment, their assistance in the operation of the aircraft or railway equipment or their care or control of the motor vehicle, vessel, aircraft or railway equipment caused an accident resulting in bodily harm to another person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.

Impaired Driving causing Death

(3) Everyone who commits an offence under paragraph 253(1)(a) and causes the death of another person as a result is guilty of an indictable offence and liable to imprisonment for life.

Blood Alcohol Level over Legal Limit — Death

(3.1) Everyone who, while committing an offence under paragraph 253(1)(b), causes an accident resulting in the death of another person is guilty of an indictable offence and liable to imprisonment for life.

Failure or Refusal to Provide Sample — Death

(3.2) Everyone who commits an offence under subsection 254(5) and, at the time of committing the offence, knows or ought to know that their operation of the motor vehicle, vessel, aircraft or railway equipment, their assistance in the operation of the aircraft or railway equipment or their care or control of the motor vehicle, vessel, aircraft or railway equipment caused an accident resulting in the death of another person, or in bodily harm to another person whose death ensues, is guilty of an indictable offence and liable to imprisonment for life.

Interpretation

(3.3) For greater certainty, everyone who is liable to the punishment described in any of subsections (2) to (3.2) is also liable to the minimum punishment described in paragraph (1)(a).

- 10 points

Operation while Disqualified

(4) Every offender who operates a motor vehicle, vessel or aircraft or any railway equipment in Canada while disqualified from doing so, other than an offender who is registered in an alcohol ignition interlock device program established under the law of the province in which the offender resides and who complies with the conditions of the program,

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.
- 10 points

Offences Resembling Theft

Taking Motor Vehicle or Vessel or Found Therein without Consent

335. (1) Subject to subsection (1.1), every one who, without the consent of the owner, takes a motor vehicle or vessel with intent to drive, use, navigate or operate it or cause it to be driven, used, navigated or operated, or is an occupant of a motor vehicle or vessel knowing that it was taken without the consent of the owner, is guilty of an offence punishable on summary conviction.

Exception

(1.1) Subsection (1) does not apply to an occupant of a motor vehicle or vessel who, on becoming aware that it was taken without the consent of the owner, attempted to leave the motor vehicle or vessel, to the extent that it was feasible to do so, or actually left the motor vehicle or vessel.

Definition of “Vessel”

(2) For the purposes of subsection (1), “vessel” has the meaning assigned by section 214.

R.S., 1985, c. C-46, s. 335; R.S., 1985, c. 1 (4th Supp.), s. 15; 1997, c. 18, s. 15.

- 10 points

Moving violations – Motor Vehicle Act

Unauthorized Driver – Section 101 2  Points
Chauffuer – Section 102 2  Points
Refuse direction of a peace officer – Section 104 2  Points
Peace officer requests or signals motorist to stop – Section 105 2  Points
Peace officer can request documentation from driver with respect to the operation of the vehicle or any load being carried or towed by the vehicle – Section 105.1(1) 2  Points
No person shall operate a motor vehicle on a highway with a person riding on a portion of the motor vehicle that is not designed or normally used for carrying passengers unless, motor vehicle is being used in a parade, work or transporting persons to or from a worksite. – Section 107 2  Points
The driver of a vehicle on a highway shall obey the directions showing on a traffic control device placed near or upon the highway. – Section 117 (1) 2  Points
The driver of a vehicle approaching an intersection where a traffic control device is not functioning properly or is not discernable because it has been damaged or defaced shall, unless otherwise directed by a peace officer, proceed through the intersection in accordance with the rules set out in sections 165 and 166. – Section 117.1 2  Points
Traffic control by peace officer – Section 118
2  Points
Traffic control signals – Section 119 (1)
2  Points
Flashing red or yellow light – Section 122 (1)
2  Points
Accidents – The driver of any vehicle involved in an accident resulting in injury to or death of any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of section 127, and every such stop shall be made without obstructing traffic more than is necessary. – Section 125 4  Points
The driver of any vehicle involved in an accident resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall forthwith return to and in every event shall remain at the scene of such accident until he has fulfilled the requirements of section 127, and every such stop shall be made without obstructing traffic more than is necessary. – Section 126 4  Points
The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle that is driven or attended by any person shall give his name, address, and the registration number of the vehicle he is driving and shall upon request and if available exhibit his licence to the person struck, or the driver or occupant of, or person attending any vehicle collided with, and shall render to any person injured in such accident reasonable assistance, including the carrying or the making of arrangements for the carrying of such person to a physician, surgeon, or hospital facility for medical or surgical treatment if it is apparent that such treatment is necessary or if such carrying is requested by the injured person. – Section 127 4  Points
The driver of any vehicle that collides with any vehicle that is unattended shall immediately stop and shall then and there either locate and notify the driver or owner of such vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle or, if unable to locate him, shall leave in a conspicuous place in or on the vehicle struck a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking and a statement of the circumstances thereof. – Section 128 4  Points
The driver of any vehicle involved in an accident resulting only in damage to fixtures or other property legally upon or adjacent to a highway shall take reasonable steps to locate and notify the owner or person in charge of such property of such fact and of his name and address and of the registration number of the vehicle he is driving and shall upon request and if available exhibit his licence and shall make a report of such accident when and as required in section 130. – Section 129 4  Points
REPORTING OF ACCIDENTS – Section 130 (1) 4  Points
The Registrar may require any driver of a vehicle involved in an accident to which report must be made as provided in section 130 to file supplemental reports whenever the original report is insufficient in the opinion of the Registrar and may require witnesses of accidents to render reports to the Registrar and any person failing to file or render any such report when required so to do by the Registrar is guilty of an offence.S 131 (1) 4  Points
Any person who knowingly makes any false statement in any report made pursuant to section 130, 131 or 132 is guilty of an offence. – Section 134 (2) 5  Points
RULES RESPECTING SPEED (Section 140) – Any person who violates the provisions of subsection (1)(a) by driving at a speed to 25 kilometres per hour or less, in excess of a speed limit referred to in that subsection commits an offence – Section 140 (1.1) (a) 2  Points
by driving at a speed of more than twenty-five kilometres per hour but not more than fifty kilometres per hour in excess of a speed limit referred to in that subsection commits an offence – Section 140 (1.1) (b) 3  Points
No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. – Section 140 (2) 2  Points
No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law. – Section 144 2  Points
Any person driving over a structure at which signs are posted as provided in subsection (2) at a speed greater than that specified on those signs is guilty of an offence. – Section 146 (3) 2  Points
RULES OF THE ROAD -

No driver shall drive a vehicle with any part of such vehicle being to the left of the centre line of the roadway except
(a) when overtaking and passing another vehicle proceeding in the same direction,
(b) when the roadway to the right of the centre line is obstructed by a parked vehicle or other object,
(c) when the roadway to the right of the centre line is closed to traffic,
(d) when permitted to do so on a roadway divided into three marked lanes under section 156, or
(e) upon a one-way roadway. – Section 147 (1)
A driver of a vehicle about to enter in a rotary traffic circle shall
(a) on entering a roadway in or around a rotary traffic circle, yield the right of way to the traffic already on a roadway in the circle, and
(b) drive his vehicle in a counterclockwise direction around the island or the centre of the circle. – Section 147 (3) (a) & (b)
2  Points
The driver of a vehicle shall keep to his right when he is meeting and passing another vehicle that is moving in the opposite direction. – Section 148 (1)
The driver of a vehicle upon a roadway that is not marked with lanes for traffic or that has less than three marked lanes shall, when meeting another vehicle that is moving in the opposite direction, give to the other vehicle at least one-half of the roadway as nearly as possible. – Section 148 (2)
2  Points
Except as provided in section 150, the driver of a vehicle overtaking another vehicle, proceeding in the same direction,

(a) when reasonably necessary to insure safe operation, shall sound an audible signal,
(b) shall not pass such vehicle without first signalling his intention to do so by giving a signal for a left turn in the manner prescribed by section 163 or 164,
(c) shall pass to the left at a safe distance,
(d) shall not return to the right side of the roadway until safely clear of the overtaken vehicle,
(e) shall not pass to the left of such vehicle when the vehicle overtaken is making a left turn or its driver has signalled his intention to make a left turn. – Section 149 (1)(a) to (e) inclusive
2  Points
Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle,

(a) upon hearing the audible signal, shall give way to the right in favour of the overtaking vehicle, and
(b) shall not increase the speed of his vehicle until completely passed by the overtaking vehicle. – Section 149 (2) (a) & (b)
2  Points
The driver of a vehicle shall not overtake and pass upon the right of another vehicle except
(a) when the vehicle overtaken is making a left turn or its driver has signalled his intention to make a left turn,
(b) when on a laned highway there are one or more unobstructed lanes available to traffic moving in the direction of travel of the vehicle, or
(c) upon a one-way roadway where the roadway is of sufficient width for two or more lines of moving vehicles and is free from obstructions. – Section 150 (1) (a) to (c) inclusive
Notwithstanding subsection (1), the driver of a vehicle shall not overtake and pass another vehicle upon the right,
(a) when the movement cannot be made safely, or
(b) by driving off the roadway. – Section 150 (2) (a) & (b)
2  Points
Other than on a one-way highway, no person when passing shall drive a vehicle over or to the left of the centre line of the roadway unless the left half of the roadway is clearly visible and free of traffic for a distance sufficient to permit the passing to be completed without interfering with the safe operation of another vehicle. – Section 151 2  Points
No driver shall drive a vehicle on the left of or over the centre line of a roadway, other than a one-way roadway,

(a) when approaching the crest of a grade or upon a curve in a roadway where the driver’s view is obstructed within such distance as to create a hazard,
(b) when approaching within thirty metres of or traversing an intersection or level railway crossing, and
(c) when the driver’s view is obstructed upon approaching within thirty metres of a bridge, viaduct or tunnel. – Section 152 (1) (a) to (c) inclusive.
2  Points
Where markings as described in paragraph (1) (a) or (b) are on a roadway and are clearly visible, no driver shall drive over, or with any part of his vehicle to the left of the solid line except to leave the highway to his left or to enter the roadway from a private road or driveway. – Section 154 (2) 2  Points
No driver shall drive a vehicle on a roadway designated as a one-way roadway under this section or under any other provision of this Act in a direction opposite to that designated by a traffic control device erected to give notice thereof. – Section 155 (2) 2  Points
The Driver of a Vehicle on a Laned Highway,

(a) shall drive his vehicle as nearly as practicable entirely within a single lane and shall not drive from one lane to another unless such movement can be made with safety and in accordance with the provisions of this Act,
(b) shall not drive from one lane to another without first signalling his intention to do so in the manner prescribed by section 163 or 164,
(c) shall not use or drive in the centre lane of a three-lane highway except when overtaking and passing another vehicle proceeding in the same direction or when approaching an intersection where he intends to turn to the left, or when such lane is designated for traffic moving in the direction of travel of the vehicle, and
(d) where a traffic control device directs slow moving traffic to use a designated lane, when driving at less than the normal speed of traffic at the time and place and under the conditions then existing shall use or drive in that lane only. – Section 156 (a) to (d) inclusive
2  Points
Where a driver operating a vehicle on a laned roadway approaches a traffic control device that indicates that the lane in which the vehicle is situated ends, the driver, in moving into the adjacent lane, shall yield the right of way to any vehicles travelling in the adjacent lane. – Section 156.1 2  Points
(1) No driver of a vehicle shall follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles, and the amount and nature of the traffic upon and the condition of the highway.
(2) The driver of a commercial vehicle or truck, or of a motor vehicle that is drawing another vehicle, when driving upon a roadway outside an urban district, and when following a commercial vehicle, or truck, or a motor vehicle drawing another vehicle, unless he intends to overtake and pass the vehicle ahead, shall, if conditions permit, have not less than sixty metres between his vehicle and the vehicle ahead.
(3) The driver of a motor vehicle, when driving upon a roadway outside an urban district, and when following another motor vehicle, unless he intends to overtake and pass the vehicle ahead, shall drive at a sufficient distance behind the motor vehicle next in front of him to enable a vehicle to enter and occupy the space so left without danger. – Section 157 (1) to (3)
2  Points
Where a highway is divided into two roadways by an intervening space or a physical barrier or clearly indicated dividing section constructed so that it impedes vehicular traffic, no driver shall drive a vehicle over, across or within the intervening space, barrier or dividing section, except at a cross-over or intersection clearly marked as such by a traffic control device. – Section 158 2  Points
The driver of a vehicle intending to turn at an intersection shall

(a) both approach for a right turn and make the right turn
(i) subject to subparagraph (ii), as closely as practicable to the right-hand curb or edge of the roadway or, if there is a right turn lane, in the right turn lane, or
(ii) if there is more than one right turn lane, in one of the right turn lanes, without changing in the intersection from one lane to another lane in which traffic is lawfully permitted to travel in the same direction,
(b) if traffic is permitted to move in both directions on each roadway entering the intersection, approach for a left turn in that portion of the right side of the roadway nearest to its centre line and in the left turn lane if one is designated, pass to the right of the centre line where it enters the intersection and, after entering the intersection, make the left turn so as to leave the intersection to the immediate right of the centre line of the roadway being entered, and whenever practicable make the left turn in that portion of the intersection to the left of the centre of the intersection,
(c) at any intersection where traffic is restricted to one direction on one or more of the roadways but where there is no left turn lane, approach for a left turn in the intersection in the extreme left-hand lane in which traffic is lawfully permitted to move in the direction of travel of the turning vehicle and, after entering the intersection, make the left turn so as to leave the intersection, as nearly as practicable, in the extreme left-hand lane in which traffic is lawfully permitted to move in the same direction as the vehicle upon the roadway being entered – Section 161 (1) (a) to (c) inclusive                                                    Local authorities in their respective jurisdictions may cause markers, buttons, or signs to be placed within or adjacent to intersections and thereby direct that a different course from that specified in this section be travelled by vehicles turning at an intersection, and when markers, buttons, or signs are so placed no driver of a vehicle shall turn a vehicle at an intersection other than as directed by such markers, buttons, or signs. – Section 161 (2)
2  Points
SIGNALS – No person shall turn a vehicle so as to proceed in the opposite direction

(a) unless he can do so without interfering with other traffic, or
(b) when he is driving
(i) upon a curve,
(ii) upon an approach to or near the crest of a grade where the vehicle cannot be seen by the driver of another vehicle approaching from either direction within one hundred fifty metres, or
(iii) at a place where a traffic control device prohibits making a U-turn. – Section 162 (1) (a) & (b)
No person shall start a vehicle which is stopped, standing, or parked unless and until such movement can be made with reasonable safety. – Section 162 (2)
No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in section 161, or turn a vehicle to enter a private road or driveway, or otherwise turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety, and no person shall so turn any vehicle without giving an appropriate signal in the manner provided in sections 163 and 164 in the event any other traffic may be affected by such movement- Sec. 162 (3)
A signal of intention to turn right or left when required shall be given continuously during not less than the last thirty metres travelled by the vehicle before turning. – Sec.164 (4)
No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided in section 163 or 164 to the driver of any vehicle immediately to the rear when there is opportunity to give such signal. – Section 162 (5)
2  Points
Any stop or turn signal when required herein shall be given either by means of the hand and arm or by a signal lamp or lamps or mechanical signal device, but when a vehicle is so constructed or loaded that the distance from the centre of the top of the steering post to the left outside limit of the cab, body or load exceeds sixty centimetres or that the distance from the centre of the top of the steering post to the rear limit of the body or load of the vehicle, or the last vehicle where more than one vehicle is included in a single combination, exceeds four hundred twenty centimetres, then the vehicle shall be equipped with, and the said signals shall be given by such a lamp or lamps or signal device. – Section 163 2  Points
RIGHT-OF-WAY – The driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle that has entered the intersection from a different highway. – Section 165 (1)
165 (2)When two vehicles enter an intersection from different highways at approximately the same time the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right. – 165 (2)
2  Points
The driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to any vehicle approaching from the opposite direction that is within the intersection or so close thereto as to constitute an immediate hazard. – Section 166 2  Points
Notwithstanding the provisions of section 165, the driver of a vehicle

(a) about to enter or cross the roadway of a through highway shall yield the right-of-way to any pedestrian legally crossing the roadway and to any vehicle approaching so closely on the through highway as to constitute an immediate hazard,
(b) about to enter or cross the roadway of a highway from a private road or driveway, or about to enter a private road or driveway from a highway shall yield the right-of-way to any pedestrian as may be necessary to avoid a collision and any vehicle approaching so closely on the highway as to constitute an immediate hazard. – Section 167 (a) & (b)
2  Points
AUTHORIZED EMERGENCY VEHICLES – Upon the immediate approach of an authorized emergency vehicle equipped with at least one lighted lamp exhibiting a flashing red light visible from the front of such vehicle, and when the driver is giving an audible signal by siren, exhaust whistle, or bell, the driver of every other vehicle shall yield the right-of-way to such authorized emergency vehicle and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a peace officer.- Section 168 (1)

The driver of every vehicle shall yield the right-of-way to a police vehicle which is being used as an authorized emergency vehicle in the manner provided in subsection (1) when the driver of such police vehicle is giving an audible signal by siren, exhaust whistle or bell, and whether or not such police vehicle is equipped with a flashing red light visible from the front thereof. – Section 168 (2)
2  Points
PEDESTRIANS – The driver of a vehicle shall obey the directions of a flagperson.  Section 169.2 (3) 2  Points
(Subject to the provisions of subsection 171 (2) when traffic control signals are not in place or not in operation the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a cross walk, but no pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield the right-of-way. – Section 170 (1)

No person who is driving a motor vehicle shall overtake and pass any vehicle that is stopped at a marked cross walk or at any unmarked cross walk at an intersection to permit a pedestrian to cross the roadway. – Section 170 (2)
2  Points
Notwithstanding sections 170 and 171 every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precautions upon observing any child or any confused or incapacitated person upon a roadway. – Section 172 2  Points
RAILWAY CROSSINGS - Any person driving a vehicle approaching a railroad grade crossing shall stop such vehicle within fifteen metres, but not less than five metres from the nearest rail of such railroad, when

(a) a clearly visible electric or mechanical signal device, designed to give warning of the approach of a railroad train, is exhibiting a warning signal,
(b) a crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach of a railroad train,
(c) a railroad train approaching within approximately five hundred metres of the highway crossing emits a signal audible from such distance and such railroad train, by reason of its speed or nearness to such crossing, is an immediate hazard, or
(d) an approaching railroad train is plainly visible and is in hazardous proximity to such crossing
and shall not thereafter cross over the railroad track or tracks until the imminent danger from traffic on the railroad has ceased to exist. – Section 182 (1) (a) to (d) inclusive
No person shall drive any vehicle through, around, or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed. – Section 182 (2)
3  Points
The driver of a vehicle that is approaching a railway crossing at which a stop sign has been erected shall stop the vehicle within fifteen metres, but not less than five metres, from the nearest rail of the railway and shall not proceed until it is safe to do so. – Section 183 (3) 3  Points
The driver of any motor vehicle carrying passengers for hire, or of any bus, or of any vehicle carrying explosive substances or flammable liquids as a cargo or part of a cargo, before crossing at grade any tracks of a railroad, shall stop such vehicle within fifteen metres, but not less than five metres from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such tracks for any approaching train, and for signals indicating the approach of a train, and shall not proceed until he can do so safely. – Section 184 (1) 3  Points
After stopping as required by subsection (1), and upon proceeding when it is safe to do so, the driver of any such vehicle shall cross with the vehicle so geared that there will be no necessity for changing gears while traversing such crossing and the driver shall not shift gears while crossing the track or tracks. – Section 184 (2) 2  Points
No person shall operate or move any crawler-type tractor, steam shovel, derrick, roller, or any equipment or structure having a normal operating speed of twenty or less kilometres per hour or a vertical body or load clearance of less than four centimetres for each metre of the distance between any two adjacent axles or in any event of less than twenty centimetres measured above the level surface of a roadway, upon or across any tracks at a railroad grade crossing without first complying with this section. – Section 185 (1) 3  Points
The driver of a vehicle approaching a stop sign shall bring the vehicle to a full stop at a clearly marked stop line, or, if none, then immediately before entering the nearest cross walk, or, if none, then at the point nearest the intersecting highway where the driver has a view of approaching traffic on the intersecting highways before entering the intersection. – Section 186 (3)The driver of a vehicle approaching a yield right-of-way sign shall(a) slow down to a speed reasonable for the existing conditions before and while entering the intersection, and(b) yield the right-of-way in accordance with section 167 – Section 186 (4) 2  Points
Entering roadway from private property -

The driver of a vehicle within a business or residence district emerging from an alley, driveway, or building shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across any alleyway or private driveway, and shall yield the right-of-way to any pedestrian as may be necessary to avoid collision, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on that roadway. – Section 187 (1)

The driver of a vehicle within a business or residence district entering an alley, driveway or building shall yield the right-of-way to any pedestrian as may be necessary to avoid a collision. – Section 187 (2)
2  Points
Stopped School Bus

The driver of a motor vehicle meeting or overtaking a stopped school bus upon a highway when flashing red lights are displayed on such school bus shall bring such motor vehicle to a stop at not less than five metres from such school bus and shall not pass such school bus until it is again in motion or the flashing red lights cease to be displayed. – Section 188 (1)

4  Points
Safety Zone

No person shall drive a vehicle through or within a safety zone – Section 190

2  Points
Riding in Trailer – No person shall operate a motor vehicle or farm tractor with a person riding in or on a trailer or semi-trailer that is being hauled on a highway by the motor vehicle or farm tractor unless – Section 191 (2) 2  Points
Drive Vehicle on Sidewalk – No person shall drive a vehicle on a sidewalk unless it is necessary for the person to do so in order to

(a) enter or leave an alley, driveway or building, or
(b) enter on or leave land that is adjacent to a highway. – Section 191.1
2  Points
Backing up Vehicle – The driver of a vehicle shall not back the same unless such movement can be made with reasonable safety and without interfering with other traffic. – Section 198
2  Points
No Crowding Driver in the Front Seat – No person shall drive a vehicle when it is so loaded, or when there are in the front seat such number of persons as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver’s control over the driving mechanism of the vehicle, and in no event, when there are more than three persons in the front seat. – Section 200 (1)
2  Points
Seat Belt Assembly -  In this section

“properly adjusted” , with reference to a seat belt assembly designed to be worn over the upper torso, means worn snugly across the top of the shoulder and diagonally across the chest with no limb, other object or other material coming between the assembly and the body other than clothing or a sling or other medical aid recommended by a medical practitioner;
“seat belt assembly” means a device or assembly composed of straps, webbing or similar material that restrains the movement of a person in order to prevent or mitigate injury to the person and includes a pelvic restraint or an upper torso restraint or both of them. – Section 2o1 (1)
No person shall drive on a highway a motor vehicle in which a seat belt assembly required under the provisions of the Motor Vehicle Safety Act (Canada) at the time that the vehicle was manufactured or imported into Canada has been removed, rendered partly or wholly inoperative or modified so as to reduce its effectiveness. – Section 201 (2)
2  Points

Fire Trucks – (1) No driver of a vehicle other than an authorized emergency vehicle shall follow fire apparatus closer than one hundred fifty metres or drive or park

(a) where the street or highway on which fire apparatus stops in answer to a fire alarm is divided into blocks, within the block where the apparatus so stops, or
(b) in all other cases within one hundred metres of the place on the same street or highway on which the apparatus so stops. – Section 202 (1)
Unless he has received the consent of the fire department official in command, no person shall drive a vehicle over an unprotected hose of a fire department when laid down on a street, highway or private driveway, at a fire or an alarm of fire. – Section 202 (2)
2  Points
Use of Lights on Highway – No person shall use an artificial light adjacent to a highway which projects a light towards the highway capable of impairing the vision of a driver of a vehicle on the highway. – Section 204 2  Points
LIGHTING EQUIPMENT – No person shall drive a vehicle on a highway at night time or any other time when there is not sufficient light to render clearly discernible persons and vehicles on the highway at a distance of one hundred fifty metres unless the vehicle is equipped with and displays lighted lamps and illuminating devices as hereinafter required for the class of vehicle so driven.  207 2  Points
LIGHTING EQUIPMENT – No driver of a vehicle, equipped with a head lamp or lamps having more than one beam, and being operated on a highway at any of the times mentioned in section 207 shall, while the upper or main beam of such lamp or lamps is in use or lighted,

(a) approach within one hundred fifty metres of a vehicle proceeding in the opposite direction,
(b) follow within sixty metres to the rear of a vehicle proceeding in the same direction, whether in the act of overtaking or not, or
(c) stop, park or leave the vehicle standing on the highway. – Section 209 (5) (a) to (c) inclusive.
2  Points
MISCELLANEOUS EQUIPMENT – No person shall operate on a highway a motor vehicle

(a) with any non-transparent material on the front windshield, side wings or side or rear windows of such vehicle, or
(b) having on the exterior or in the interior thereof, any ornament or other thing
that obstructs or is liable to obstruct the driver’s clear view of the highway or any intersecting highway. – Section 238 (1)
2  Points
Repealed: 2002, c.32, s.12. – Section 239 (b) 2  Points
Notwithstanding section 225, where a motor vehicle is disabled on a highway at night time, the driver shall forthwith place a portable reflector unit or standard at a distance of approximately thirty metres to the rear of the motor vehicle at or near the edge of the roadway. – Section 244 (1) 2  Points
Where a motor truck of two or more metres in width, including load, a passenger bus, truck tractor, trailer, semi-trailer or pole trailer is disabled or otherwise left standing upon a roadway or shoulder thereof, outside the jurisdiction of a local authority, the driver of that vehicle or of the motor vehicle towing the same shall
(a) if the vehicle is stopped during the day time, or at a time when lighted lamps are not required on vehicles under section 207, immediately display two red flags on the roadway in the lane of traffic occupied by the stopped vehicle, or when the vehicle is disabled or standing on the shoulder at the near edge of the roadway, one at a distance of approximately thirty metres in advance of the vehicle and one at a distance of approximately thirty metres to the rear of the vehicle:
(b) if such vehicle is stopped during the night time or at a time when lighted lamps are required on vehicles under section 207,
(i) immediately place a lighted fusee, or electric lantern on the roadway at the traffic side of the vehicle, and
(ii) within the burning period of the fusee, if one is used, and as promptly as possible place three lighted flares or three electric lanterns on the roadway one at a distance of approximately thirty metres in advance of the vehicle and one at a distance of approximately thirty metres to the rear of the vehicle, each in the centre of the lane of traffic occupied by the stopped vehicle or, when the vehicle is disabled or standing on the shoulder, at the near edge of the roadway, and one at the traffic side of the vehicle approximately five metres either rearward or forward thereof;
(c) if the vehicle is stopped during the day time or when lighted lamps are not required as aforesaid, and remains standing at a time when such lighted lamps are required on vehicles, place lighted flares or electric lanterns in the several locations specified in paragraph (b) at or before the time when such lamps are required to be lighted. – Section 245 (1)
When a vehicle used in the transportation of flammable liquids in bulk, or transporting compressed flammable gases, is disabled or otherwise left standing upon a roadway or shoulder thereof, outside the jurisdiction of a local authority, the driver of such vehicle shall comply with the requirements of subsection (1) except that no flare, fusee or other signal produced by flame shall under any circumstances be used. – Section 245 (2)
2  Points
OFFICIAL TESTING STATIONS – Every person commits an offence under this Act who, being the driver or registered owner of a vehicle on a highway,

(a) fails to stop and submit his vehicle to a spot inspection when ordered to do so under subsection 247(1); – Section 250 (1) (a)
2  Points
SIZE AND MASS REQUIREMENTS – An operator or a person having care or control of a vehicle with a load who fails or refuses to comply with a signal to stop or with a direction as to the operation of the vehicle given to him by a peace officer under subsection (9) commits an offence. – Section 256 (10) 2  Points

Offences respecting driving while suspended – Every person who drives a motor vehicle upon a highway while his motor vehicle privilege or driving privilege is suspended other than under section 105.1 commits an offence.- Section 345 (1)

Every person who drives a motor vehicle upon a highway while his driving privilege is suspended under section 105.1 commits an offence. – Section 345 (2)
6  Points
Every person who drives a motor vehicle on a highway
(a) without due care and attention,
(b) without reasonable consideration for any other person using the highway, or – Section 346 (1) (a) & (b)
6  Points
Every person who drives a motor vehicle on a highway (c) in a race, – Section  346 (1) (c) 4  Points

Hours of Service Violations – Motor Vehicle Act

Any provision of the Commercial Vehicle Hours of Service Regulation – Motor Vehicle Act 5

VEHICLE RELATED VIOLATIONS

Equipment Violations – Motor Vehicle Act

200.1 (2) – No person shall drive on a highway a motor vehicle in which a seat belt assembly required under the provisions of the Motor Vehicle Safety Act (Canada) at the time that the vehicle was manufactured or imported into Canada has been removed, rendered partly or wholly inoperative or modified so as to reduce its effectiveness. 2  Points
206 (1) (a) – No person shall operate and no owner shall cause or knowingly permit to be operated any vehicle or combination of vehicles that (a)is in such unsafe condition as to endanger any person, 5  Points
206 (1) (b), (c), (d), (e) and (f) -

(b) is not equipped with lights, reflectors and other equipment of the description and capacity, and located or mounted as required by sections 209, 210, 212, 213, 214, 215, 216, 218, 219, 220 and 222,
(c) is equipped with lamps or on which a lamp or lamps are being used, contrary to the provisions of sections 219, 223, 224 and 225,
(c.1) is equipped with a portable door mirror or fender mirror when not towing a trailer or other vehicle,
(d) is not equipped with brakes as required by section 233,
(e) is not equipped as required by sections 234, 235, 237, 238 and 241 or in which a horn or other warning signal or device is being used contrary to section 234, or
(f) is not equipped with a second attachment as required by section 236.
2  Points
211 (1) – No person shall operate a motor vehicle or other vehicle on a highway unless the vehicle is equipped with a red stop lamp or lamps mounted on the rear thereof,

(a) become illuminated when the main service brakes of the vehicle are applied,
(b) when illuminated, are plainly visible and understandable from a distance of thirty metres to the rear during both day time and night time,
(c) are in good working condition, and
(d) do not project a glaring or dazzling light.
2  Points
217 (1) – No person shall stop or park a vehicle or leave a vehicle standing on a roadway or on the shoulder thereof during the times mentioned in section 207 and whether attended or unattended,

(a) unless there is sufficient light to reveal a person or vehicle at a distance of one hundred fifty metres on the highway, or
(b) unless the vehicle is equipped with one or more lighted lamps that exhibit a white or amber light on the roadway side of the vehicle visible from a distance of one hundred fifty metres to the front of the vehicle, and a lighted red lamp visible from a distance of one hundred fifty metres to the rear.
2  Points
221 (a), (b) – No person shall operate a vehicle equipped with signal lamps and no driver of a vehicle shall use a signal lamp to indicate an intention to turn

(a) unless each lamp when illuminated is clearly visible and understandable during both day time and night time from a distance of thirty metres both to the front and rear, or
(b) if any such signal lamp projects a glaring or dazzling light.
2  Points
224 – Subject to subsection 219(2), whenever a motor vehicle equipped with head lamps is also equipped with additional lamps of any type on the front thereof projecting a beam of intensity greater than 300 candlepower, not more than one such additional lamp shall be lighted at the same time as the headlamps when such vehicle is upon a highway. 2  Points
230 (1) – No owner shall drive or permit to be driven a motor vehicle, trailer, or a semi-trailer, not equipped with tires that conform with the standards prescribed by regulation. 2  Points
234 (1) – Every motor vehicle when operated upon a highway shall be equipped with a horn in good working order and that is capable of emitting sound audible under normal conditions from a distance of not less than sixty metres, but no horn or other warning device shall emit an unreasonably loud or harsh sound or a whistle. 2  Points
235 (1) – The driver of a motor vehicle that is being operated on a highway shall ensure that the motor vehicle is equipped with a muffler and exhaust pipe or pipes in good working order and in constant operation so as to prevent excessive or unusual noise, and no person shall operate a motor vehicle equipped with a muffler cut-out, by-pass or similar device. 2  Points
240 (a), (b) – No person shall drive on a highway a passenger vehicle, bus, or commercial vehicle without

(a) a windshield, except to move the vehicle for the purpose of repairs thereto, and
(b) a speedometer in good working condition so as to show the speed at which the vehicle is travelling.
2  Points
241 (3) – No person shall operate a motor vehicle equipped with a tire having on its periphery any block, stud, flange, cleat or spike, or any other protuberance of any material other than rubber that projects beyond the tread of the traction surface of the tire except as follows:

(a) it is permissible to use farm machinery with tires having protuberances which will not damage the highway,
(b) it is permissible to use tire chains,
(c) it is permissible to use studded snow tires of a type approved by the Registrar at any time except during the period commencing on the first day of May and ending on the fifteenth day of October in every year, and
(d) notwithstanding paragraph (c) the Minister of Transportation may in cases of exceptional weather conditions, by order, enlarge the time for use of studded snow tires of a type approved by the Registrar.
2  Points
243 (1) – No person shall operate on a highway at night time a motor truck having an overall width of two metres or more, a passenger bus, a motor vehicle towing a house trailer, or a truck tractor unless

(a) there are carried in such vehicle three portable reflector units or standards capable of reflecting red light clearly visible at a distance of one hundred fifty metres under normal atmospheric conditions at night time when directly in front of the lawful upper beams of head lamps located at a distance from the reflectors, and of a type approved by the Registrar, or
(b) there are carried in the vehicle at least two red cloth flags, not less than thirty centimetres square, with standards to support them, together with
(i) not fewer than three flares, each
(A) capable of burning continuously for twelve hours in a wind of eight kilometres per hour velocity,
(B) capable of burning in a wind of sixty kilometres per hour velocity,
(C) capable, when burning at night, of being seen and distinguished at a distance of one hundred fifty metres under normal atmospheric conditions,
(D) so constructed as to withstand reasonable shocks without leaking, and
(E) carried in the vehicle in a metal rack or box, and
not fewer than three red fusees, each capable when ignited of being seen and distinguished at night time under normal atmospheric conditions at a distance of one hundred fifty metres, or
(ii) not fewer than three red electric lanterns, each
(A) capable of operating continuously for twelve hours,
(B) capable of being seen and distinguished when lighted at night time under normal atmospheric conditions at a distance of one hundred fifty metres, and
(C) substantially constructed so as to withstand breakage.
243 (2) No person shall operate on a highway at night time a motor vehicle used in the transportation of flammable liquids in bulk or transporting compressed flammable gases unless there are carried in such vehicle
(a) three red electric lanterns meeting the requirements of subparagraph (1)(b)(ii), or
(b) three portable reflector units meeting the requirements of paragraph (1)(a).
243 (3) No person shall operate on a highway at any time a motor vehicle used in the transportation of flammable liquids in bulk or transporting flammable gases, in which there is being carried any flare or other signal produced by a flame.
2  Points
250 (2) – No person shall operate a vehicle or permit any vehicle to be operated after receiving an order with reference thereto under section 247 or 248,

(a)except with the written authority of the peace officer and then only as may be necessary to return such vehicle to the residence or place of business of the owner or driver or to a garage within a specified time, or
(b)until the vehicle and its equipment have been placed in proper repair and adjustment and otherwise made to conform with the requirements of this Act.
2  Points

Mechanical Fitness Requirement Violations – Motor Vehicle Act

250 (1) (b) – Every person commits an offence under this Act who, being the driver or registered owner of a vehicle on a highway,

(b) fails to comply with an order made against him under subsection 247(2) or under subsection 248(3) or (5);
250 (3) – No person shall make, issue, or knowingly use any imitation of an official certificate of inspection issued under the regulations.
250(4) – No person shall display or cause or permit to be displayed upon any vehicle any certificate of inspection knowing the same to be issued for another vehicle or issued without an inspection having been made.
5  Points
250 (1) (c) – Every person commits an offence under this Act who, being the driver or registered owner of a vehicle on a highway, (c) fails to have a current valid certificate of inspection indicating that the vehicle and equipment have been tested pursuant to the provisions of this Act and the regulations displayed on the vehicle in accordance with the regulations. 2  Points

MOTOR CARRIAGE RELATED VIOLATIONS

Load Security Violations – Motor Vehicle Act

256 (1), (3) 4  Points
256 (7) 4  Points
260 (2), (4) 4  Points
260 (4.1), (4.4), (4.5) 2  Points

Dangerous Goods Violations – Transportation of Dangerous Goods Act

4 (1) 6  Points
4 (1) (in relation to failure to give notice or cause notice to be given immediately of dangerous occurrence) 10  Points
7 (6)(a), (d) 6  Points

Vehicle Weight or Dimension Violations – Motor Vehicle Act

251 (1) 2  Points
261 (4) 4  Points
359 2  Points
359 (in relation to excess gross mass or excess mass per axle or combination of axles in excess of 2,000 kilograms 1  Point
any provision of the Vehicle Dimensions and Mass Regulation – Motor Vehicle Act
2  Points

LICENSE, PERMIT OR REGISTRATION VIOLATIONS – Motor Vehicle Act

6 (3) – No person holding a valid licence shall operate any vehicle other than one that his licence entitles him to operate in accordance with regulations made under subsection (1). 2  Points
17 (1) – Except as otherwise expressly provided in this Act, or by a regulation or order made thereunder, no person shall operate, and no owner shall permit to be operated on a highway, a vehicle required to be registered under this Part

(a) that is not registered,
(a.1) that is registered as a salvage vehicle or a non-repairable vehicle;
(b) the registration of which has expired, or
(c) while the registration of such vehicle is revoked or suspended.
10  Points
36 (1), – Whenever any person, after making application for or obtaining the registration of a vehicle, moves from the address named in the application or shown upon a registration certificate such person shall within ten days thereafter notify the Registrar in writing of the change, giving his old and new addresses.

36 (2) – Whenever the name of any person who has made application for or obtained the registration of a vehicle is thereafter changed by marriage or otherwise such person shall within ten days notify the Registrar of the change, giving such former and new name.
2  Points
47 (1) – Subject to subsections (2) and (3) and to any special or temporary permits issued in accordance with the regulations no person shall operate a commercial vehicle or a bus owned or operated by or on behalf of a non-resident unless such vehicle is registered under this Part. 2  Points
65 – Any person who knowingly buys, receives, disposes of, sells, offers for sale, or has in his possession any motor vehicle, or engine removed from a motor vehicle, from which the manufacturer’s serial or engine number or other distinguishing number or identification mark or number placed thereon under assignment from the Registrar has been altered for the purpose of concealing or misrepresenting the identity of the motor vehicle or engine is guilty of an offence. 2  Points
66 (1) – Any person who defaces, destroys, or alters the manufacturer’s serial or engine number or other distinguishing number or identification mark of a motor vehicle or who places or stamps any serial, engine or other number or mark upon a motor vehicle, except one assigned thereto by the Registrar is guilty of an offence. 2  Points
67 – Any person who uses a false name or a name other than his own or his principals in any application for the registration of a vehicle, or knowingly makes a false statement, or knowingly conceals a material fact in any application, is guilty of an offence. 2  Points
68 – No person shall operate, nor shall an owner knowingly permit to be operated, upon any highway any vehicle required to be registered hereunder unless there is

(a) attached thereto and displayed thereon in the manner provided by section 30 the registration plate or plates issued therefor by the Registrar for the current registration year, or
(b) attached thereto and displayed thereon in the manner provided by section 30 the registration plate or plates issued therefor by the Registrar and attached or affixed thereto in the manner ordered by the Minister the device issued therefor by the Registrar for the current registration year,
except as otherwise expressly permitted in this Act.
2  Points
69 – No person shall lend to another any registration certificate, registration plate, special plate, or permit issued to him if the person desiring to borrow the same is not entitled to the use thereof, nor shall any person knowingly permit the use of any of the same by one not entitled thereto, nor shall any person display upon a vehicle any registration certificate, registration plate, or permit not issued for such vehicle or not otherwise lawfully used thereon under this Act. 2  Points
70 (a) to (d) – It is an offence for any person, other than an officer of the Division with respect to paragraph (a), to commit any of the following acts:

(a) to alter any registration certificate, registration plate, or permit issued by the Registrar,
(b) to draw, prepare or manufacture any such document or plate purporting to have been issued by the Registrar that is not in fact issued by the Registrar,
(c) to hold or use any such document or plate knowing the same to have been so altered, drawn, prepared or manufactured, or
(d) to operate or have under his control or in his charge any motor vehicle on which motor vehicle there is displayed any fictitious registration plate.
2  Points
74 – Whenever the Registrar as authorized hereunder cancels, suspends or revokes the registration of a vehicle, registration certificate, or registration plate or plates, or any non-resident operating privilege or other permit, or the licence of any dealer or wrecker, the owner or person in possession of the same shall immediately return the evidence of registration, or licence so cancelled, suspended, or revoked to the central office of the Division at Fredericton. 2  Points
78 ( 1) (in relation to driving without valid licence) 2  Points
78 (1) (in relation to driving without valid licence, while under suspension) 2  Points
92 (1) – Every person while operating a motor vehicle or farm tractor on a highway shall have his licence to operate a motor vehicle in his immediate possession, and shall upon the request of a peace officer forthwith present and deliver into the peace officer’s hands such licence for examination by the peace officer. 2  Points
93 (3) – Any person who being the holder of a restricted licence under the provisions of this section drives a motor vehicle in contravention of any restriction imposed by the Registrar and set forth upon such licence, is guilty of an offence. 2  Points
96 – When any person, after applying for or receiving a licence, moves from the address named in such application, or in the licence issued to him, or when the name of a licensee is changed by marriage or otherwise, such person shall within ten days thereafter notify the Registrar in writing of the change, giving his old and new addresses or such former and new names and the number of any licence then held by him. 2  Points
99 (1) (a) to (f) – It is an offence for any person

(a) to display or cause or permit to be displayed or have in his possession any cancelled, revoked, suspended, or fraudulently altered licence,
(b) to lend his licence to any other person or knowingly permit the use thereof by another,
(c) to display or represent as one’s own any licence not issued to him,
(d) to fail or refuse to surrender to the Registrar upon his lawful demand any licence that has been suspended, revoked, or cancelled,
(e) to use a false name or a name other than his own in any application for a licence or to knowingly make a false statement or to knowingly conceal a material fact in any application, or
(f) to permit any unlawful use of a licence issued to him.
2  Points

RECORD KEEPING VIOLATIONS – Carrier Profile and Compliance Regulation -Motor Vehicle Act

5 (6) - 5  Points
7 (1) - 5  Points
7 (7), (8) - 10  Points

MISCELLANEOUS VIOLATIONS – Motor Vehicle Act

17.1 (2) – No person shall operate and no owner shall permit to be operated a motor vehicle not covered by a policy of insurance as required by subsection (1). 3  Points
28 (1.1) – No person shall operate a motor vehicle that is required to be registered under this Act unless a motor vehicle liability insurance card issued by an insurer and approved by the Registrar under section 279 with respect to that motor vehicle is being carried in the motor vehicle or by the driver of the motor vehicle. 2  Points
189 – No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, nor shall any person leave a door open upon the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers. 2  Points
200.1 (3) – Every person who drives on a highway a motor vehicle in which a seat belt assembly is provided for the driver shall wear the complete seat belt assembly in a properly adjusted and securely fastened manner.
200.1  (6) – No person shall drive on a highway a motor vehicle in which there is a passenger under the age of sixteen years unless
(a)that passenger occupies a seating position for which a seat belt assembly has been provided and is wearing the complete seat belt assembly in a properly adjusted and secure fashion, or
(b)that passenger occupies and is properly secured in a child seating and restraint system prescribed by regulation.
2  Points
203 (4) – Subject to subsection (5), a person who removes a wrecked or damaged vehicle from a highway shall remove glass or other injurious substances or things dropped upon the highway from the vehicle. 2  Points
261 (4) – Every such permit shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by any peace officer or authorized agent of any authority granting such permit, and no person shall violate any of the terms or conditions of that special permit imposed under subsection (3) or (3.1). 2  Points


New Brunswick’s Demerit Points

300(1) Subject to subsections (1.1), (2) and (2.1), when ten or more points are assessed against any driver or non-resident driver, the Registrar shall, if the driver or non-resident driver holds a licence, revoke his licence and suspend his driving privilege, or, if he does not hold a licence, suspend his driving privilege

(a) for a period of twelve months when the ten points are assessed for a conviction under section 220, 221, 249, 253 or 254 or subsection 255(2) or (3) of the Criminal Code (Canada),

(b) for a period of six months when the ten points are assessed for a conviction of any other offence under the Criminal Code (Canada) other than an offence under section 259 of the Criminal Code (Canada), involving the use of a motor vehicle,

(b.1) for a period of twelve months when the ten points are assessed upon an order directing discharge under subsection 255(5) of the Criminal Code (Canada),

(c) for a period of three months when the ten points are assessed for convictions for offences under this Act or the regulations thereunder, subsection 4(1) or (2) or 7(5) or (6) of the Transportation of Dangerous Goods Act or any local by-laws, or any of them.

Demerit Points:

Newly Licensed Driver Point Suspension

A newly licensed driver means any driver who has been licensed for less than four (4) years.

Every driver in this category is credited with four (4) points after being issued with a licence. A further two (2) points will be credited to these drivers each subsequent year to a maximum of ten (10) points.

When a newly licensed driver loses all points, he/she will be suspended by the Registrar.

Ten (10) Point Suspension

Every driver, other than a newly licensed driver, is included in this category for suspension purposes.

Three (3) points accumulated in any way,  is the signal for a warning letter to be issued.  After the loss of seven (7) points, a second letter is sent from the Registrar advising that further loss of points could result in the suspension of your driver’s licence.  Ten (10) accumulated points incur automatic suspension.

No demerit points remain on a driver’s record for more than two years from the date of convictions.  Thus, the points accumulated on any particular day will be removed from the driver’s record two (2) years later, providing ten (10) points have not been accumulated within a two (2) year which resulted in a suspension.

Appeals

Suspension of driving privileges for the first time in three (3) years for loss of all points for offences under the Motor Vehicle Act, may be appealed to the Registrar of Motor Vehicles.

Suspension of driving privileges as the result of a first conviction of a Criminal Code offence in three (3) years may be appealed to a Judge of the Courts of Queen’s Bench.

The Registrar of the Courts cannot recommend reinstatement of a licence unless the applicant’s appeal application states that the ability to operate a motor vehicle is essential in avoiding the loss of the applicant’s livelihood.

The filing of an application does not guarantee the reinstatement of one’s driving privileges.

No appeal can be processed by the Court while a prohibition order is in force.

Suspension of Driving Privilege

Suspensions resulting from accumulation of demerit points for offenses under the Motor Vehicle Act are for a period of three (3) months.

Suspensions resulting from a first conviction under the Criminal Code for the following offenses is twelve (12) months for the first conviction, second or subsequent convictions within a three (3) year period – twenty-four (24) months, fines are from $300.00 to $2,000.00. These are the following offenses:

1.  Criminal negligence;

2.  Dangerous operation of a motor vehicle;

3.  Driving while disqualified

The suspension for the first alcohol related Criminal Code conviction is one year, second conviction is three (3) years and third or subsequent conviction is five (5) years.

Suspension for any other Criminal Code involving the use of a motor vehicle – six (6) months, second or subsequent offence within three (3) years = twelve (12) months.

Suspensions for a conviction for failing to stop when requested by a peace officer or continuing to avoid a peace officer who is pursuing him/her – suspension can be for a period of up to three (3) years, imposed by the court.

Suspensions resulting from a conviction under the Motor Vehicle Act for driving while suspended are twelve (12) months for the first conviction and twenty-four (24) months for a second or subsequent conviction within three (3) years.

Reinstatement

Licences so suspended may be reinstated after the suspension period imposed has elapsed providing certain conditions have been satisfied.

After a suspension for loss of points for offenses under the Motor Vehicle Act, you must pay a reinstatement fee.

After a suspension for conviction under the Criminal Code involving alcohol, you must take a Drinking & Driving Re-Education Course and pay a reinstatement fee.

In come cases, after the period of suspension is completed, the driver regains his/her licence “on probation” for one (1) year.  Any conviction during the year’s probation will automatically bring into effect additional periods of suspension.

IN ALL CASES WHERE A LICENCE HAS BEEN SUSPENDED, IT REMAINS SUSPENDED UNTIL REINSTATED BY THE REGISTRAR REGARDLESS OF THE FACT THAT THE TERM OF SUSPENSION HAS EXPIRED.

Financial Responsibility

A driver involved in a collision in which a person in injured (even slightly) or killed or the total property damage amounts to $1,000.00 or more must be able to prove his/her responsibility at the time of the collision.  The accepted proof is a New Brunswick Liability Insurance Card, issued by an authorized insurance company, showing that public liability and property damage coverage has been issued on behalf of the driver or the owner of the vehicle.

The Registrar, on receipt of a collision report that does not show that the owner or driver has financial responsibility, must suspend the motor vehicle privileges of the owner and operator and cancel all registrations and licences of both the owner and driver.  Before reinstatement can be made, proof of financial responsibility for the future must be filed with the Registrar of Motor Vehicles.

Point System

The point system is designed to protect drivers (and most drivers are careful) against the dangers of sharing the highways with those who cause collisions. The system imposes no hardship on safe drivers – but is strict on law violators!

Nearly every collision is caused by someone who breaks a traffic law.  When traffic laws are obeyed, collision rates drop.  Good drivers can then drive with greater safety.

How it Operates

The point system has proven to be beneficial in many jurisdictions in New Brunswick, it provides a graduated number of demerit points for traffic convictions of different levels of seriousness.  The violator loses his/her licence when his/her total demerits demonstrate he/she is a greater danger to others on the highway.

Suspension resulting from an accumulation of demerit points remains in effect for three (3) months.

19 Responses to “Demerit Points – New Brunswick”
  1. Sarah Tait says:

    Could you please tell me if the points listed above are current as of speeding tickets recieved in June 2011.

  2. Admin says:

    Hi Sarah: Yes

  3. francis gracie says:

    is there a loss of points for excess nose caused by spinning tires?

  4. Admin says:

    Hi Francis:
    You have received a traffic ticket for audible tire friction. You must:

    After receiving an Offence Notice (ticket) you have three options:
    1. Plead guilty by paying the fine
    2. Visit a court office to plead guilty but make submissions about the penalty (amount of fine or time to pay)
    3. Request a trial, which means you will need to visit a court office to file a request for trial. (see address on the back of your ticket)
    If you do not choose one of the above options within 15 days of receiving the ticket, or if you do not appear for your trial, a Justice of the Peace will review your case and may enter a conviction without you there.

    You didn’t specify the section under the HTA that you were charged under. Is this offence under section 75 of the Highway Traffic Act(the HTA)?

    There are no demerit points accumulated under this section of the HTA, but the conviction stays on your driving record with the Ministry of Transportation – but remember, insurance companies don’t raise insurance premiums based on the number of demerit points you receive as a result of a conviciion, they raise auto insurance rates based on highway traffic act “convictions”. Police and the Courts have created a myth that most motorists believe and that is “if there are no points – your insurance rates will not go up” – this is false. Insurance companies only look at “convictions” not demerit points, and will adjust your rates, at a higher premium, if you have been convicted of highway traffic act/insurance offences.. The Ontario Ministry of Transportation utilizes the demerit point system, in which drivers convicted of certain traffic offences have demerit points recorded on their driving records for two years, although the driver’s abstract carries these convictions for three (3) years. All licenced drivers start with 0 demerit points and accumulate demerit points for traffic ticket convictions.

    Unnecessary Noise

    (4) A person having the control or charge of a motor vehicle shall not sound any bell, horn or other signalling device so as to make an unreasonable noise, and a driver of any motor vehicle shall not permit any unreasonable amount of smoke to escape from the motor vehicle, nor shall the driver at any time cause the motor vehicle to make any unnecessary noise, but this subsection does not apply to a motor vehicle of a municipal fire department while proceeding to a fire or answering a fire alarm call. R.S.O. 1990, c. H.8, s. 75 (4).

    The fine associated with section 75 (4) is $85.00, with a victim fine surcharge of $20.00 and a court fee of $5.00 = Total Payable Fine = $110.00

    Here is the victim fine surcharge chart (look at the initial fine – ie $85.00 – if the fine is anywhere between $76 – $100, then the surcharge is $20.00); so you have to add the surcharge to the fine $20 + $85 = $105 and then the $5.00 court fee is added – $105 + $5.00 = $110.00.

    TABLE


    Column 1

    Column 2

    Fine Range

    Surcharge

    $

    $

    0

    -

    50

    10

    51

    -

    75

    15

    76

    -

    100

    20

    101

    -

    150

    25

    151

    -

    200

    35

    201

    -

    250

    50

    251

    -

    300

    60

    301

    -

    350

    75

    351

    -

    400

    85

    401

    -

    450

    95

    451

    -

    500

    110

    501

    -

    1000

    125

    Over 1000

       

    25% of actual fine

    Remember Francis to always http://fightyourtickets.ca

  5. tye says:

    [...]Demerit Points – New Brunswick[...]…

  6. che says:

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  7. Stefan says:

    Hi,
    Can I have someone ( a friend) show up to the courthouse for me. I do not live in the city where my ticket was issued.
    Thanks

  8. Admin says:

    Hi Stefan:
    Yes you can – he/she would be referred to as an “agent”.

    Remember to always http://fightyourtickets.ca

  9. brad says:

    If your speeding fine doubles due to speeding in a school zone do you also lose additional demerit points as well?

  10. Leah says:

    I recently received a ticket 17(1) (b) motor vehicle act ticket for not having my drivers registration renewed 5 days after it expired, it expired July 9th and he checked it at a road block July 14th. I have never had so much as even a parking ticket before and find this rather harsh. Anyway are there points taken away for this as well? Thanks

  11. Admin says:

    Hi Leah:
    Unfortunately this ticket represents 10 demerit points. You have to challenge this one and fight this ticket.
    I have copied the information on the post that you were referring to. The information is as follows:
    LICENSE, PERMIT OR REGISTRATION VIOLATIONS – Motor Vehicle Act
    6 (3) – No person holding a valid licence shall operate any vehicle other than one that his licence entitles him to operate in accordance with regulations made under subsection (1). - 2 Points
    17 (1) – Except as otherwise expressly provided in this Act, or by a regulation or order made thereunder, no person shall operate, and no owner shall permit to be operated on a highway, a vehicle required to be registered under this Part: 10 points;

    (a) that is not registered,
    (a.1) that is registered as a salvage vehicle or a non-repairable vehicle;
    (b) the registration of which has expired, or
    (c) while the registration of such vehicle is revoked or suspended.

    Remember to always http://fightyourtickets.ca

  12. cherise barbour says:

    How do I find out how many points I have left on my liscence?

  13. Admin says:

    Hi Cherise:
    You would have to contact your nearest Motor Vehicle Branch and make an inquiry.
    This may help.

    How You May Lose Your Driving Privilege
    The Registrar MUST suspend your driving privileges for any of the following reasons:
    a) When a total of ten points is assessed against your driving record (other than a newly licensed driver).
    b) When a newly licensed driver loses all points credited to him/her.
    c) Upon conviction for operating or permitting operation of a motor vehicle that is uninsured.
    d) When any points are assessed against an unlicensed driver or a non-resident unlicensed driver.
    e) A conviction for altering a licence.

    Newly Licensed Driver Point Suspension
    A newly licensed driver means any driver who has been licensed for less than four years.
    Every driver in this category is credited with four points after being issued with a licence. A further two points will be credited to these drivers each subsequent year to a maximum of ten points.
    When a newly licensed driver loses all points he/she will be suspended by the Registrar.
    Ten (10) Point Suspension
    Every driver, other than a newly licensed driver, is included in this category for suspension purposes.
    Three points accumulated in any way is the signal for a warning letter to be issued. After loss of seven (7) points, a second letter is sent from the Registrar advising that further loss of points could result in the suspension of your driver’s licence. Ten (10) accumulated points incur automatic suspension.
    No demerit points remain on a driver’s record for more than two years from the date of convictions. Thus the points accumulated on any particular day will be removed from the driver’s record two years later, providing ten (10) points have not been accumulated within a two year period which resulted in a suspension.

    L i ce n s i n g o f Dri ve r s
    Appeals
    Suspension of driving privileges for the first time in three years for loss of all points for offences under the Motor Vehicle Act may be appealed to the Registrar of Motor Vehicles.
    Suspension of driving privileges as the result of a first conviction of a Criminal Code offence in three years may be appealed to a Judge of the Court of Queen’s Bench.
    The Registrar or the Courts cannot recommend reinstatement of a licence unless the applicant’s appeal application states that the ability to operate a motor vehicle is essential in avoiding the loss of the applicant’s livelihood.
    The filing of an application does not guarantee the reinstatement of one’s driving privileges.
    No appeal can be processed by the Court while a prohibition order is in force.

    Suspension of Driving Privilege
    Suspensions resulting from accumulation of demerit points for offenses under the Motor Vehicle Act are for a period of three months.
    Suspensions resulting from a first conviction under the Criminal Code for the following offenses is twelve months for the first conviction, second or subsequent convictions within a three year period – twenty-four (24) months, fines are from $300.00 to $2,000.00.
    1. Criminal negligence;
    2. Dangerous operation of a motor vehicle;
    3. Driving while disqualified.
    The suspension for the first alcohol related Criminal Code conviction is one year, second conviction is three years and third or subsequent conviction is five years.
    Suspension for any other Criminal Code conviction involving the use of a motor vehicle – six months, second or subsequent offence within three years – twelve months.

    Some examples of point loss offences are provided:

    • For any offence under the Criminal Code involving the use of a motor vehicle
    ……………… 10 points
    • For failure to report a collision
    ……………… 5 points
    • For driving without due care
    ……………… 5 points
    • For speeding more than 25 km (15 miles) over speed limit
    ……………… 5 points
    • For speeding 25 km (15 miles) per hour or less over speed limit
    ……………… 3 points
    • For any offence under the Motor Vehicle Act or local by-law involving the use of a motor vehicle in motion
    ……………… 3 points
    • For unlawful parking with view obstructed
    ……………… 3 points
    • For unlawful parking without view obstructed
    ……………… 2 points
    • For any offence under the Motor Vehicle Act involving the equipment of a motor vehicle
    ……………… 2 points
    • For driver not properly wearing a seat belt:
    ……………… 2 points
    • For unlawful parking in a zone reserved for the disabled
    ……………… 2 points

  14. Russ says:

    Are demerit points deducted for driving an ATV with no helmet?

  15. John Cronwell says:

    I got a ticket for not having renewed Motor Vehicle Inspection sticker. In fact, I was just coming from the dealer after booking an appointment for next day but I got stopped on my way back and the officer gave me a ticket. Asked me to appear in court after 3 days. I need to know what to expect here. It is true that my sticker had expired but I had no intention of not having my vehicle inspected since I did make an appointment for the same.

  16. Admin says:

    Hi John:
    The officer could have exercised his/her discretion after having
    heard your explanation.

    If it is simply a matter of having a sticker and the vehicle is/was
    safe at the time that you received the infraction notice, a simple
    explanation to the court should suffice.

    Good luck and remember to always http://fightyourtickets.ca

  17. Susan says:

    I have a driver that has been charged with:

    206 (1) (a) – No person shall operate and no owner shall cause or knowingly permit to be operated any vehicle or combination of vehicles that (a)is in such unsafe condition as to endanger any person, – 5 Points

    If found guilty, I see the amount of points they will seek however I am curious of what kind of fine that might come with this charge?

  18. Luc says:

    Hi I was wondering I got fined for speeding in a school zone on a part of town I never go to and honestly did not k of there was a school there or that see the sing stating it was a 30kmh zone, I have never gotten a ticket before or anything of the sort what would be my best course of action and since the fines double would I also loose twice the points

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