Prince Edward Island – Racing & Stunt Driving Regulations

Update:

HIGHWAY TRAFFIC ACT – RACING AND STUNT DRIVING REGULATIONS COME INTO FORCE TODAY

The publishing of these regulations in the Royal Gazette, lays out the Racing and Stunt Driving Regulations pursuant to subsection 231(2) of  Highway Traffic Act R.S.P.E.I., which comes into force today (December 11, 2010).                                                          

Royal Gazette 171 – Prince Edward Island

Postage paid in cash at First Class Rates
PUBLISHED BY AUTHORITY VOL. CXXXVI- NO. 50
Charlottetown, Prince Edward Island, December 11, 2010

EC2010-637

HIGHWAY TRAFFIC ACT
RACING AND STUNT DRIVING REGULATIONS
(Approved by Her Honour the Lieutenant Governor in Council dated 30
November 2010.)

Pursuant to subsection 231(2) of the Highway Traffic Act R.S.P.E.I.
1988, Cap. H-5, Council made the following regulations:

1. (1) For the purposes of subsection 231(1) of the Act, “race” includes
any activity where one or more persons engage in any of the following
driving behaviours:

(a) driving a motor vehicle at a rate of speed that is a marked
departure from the lawful rate of speed and in a manner that
indicates the driver of the motor vehicle is engaged in a competition
with another motor vehicle;

(b) driving a motor vehicle in a manner that indicates an intention to
chase another motor vehicle;

(c) driving a motor vehicle without due care and attention, without
reasonable consideration for other persons using the highway or in a
manner that may endanger any person by

(i) driving a motor vehicle at a rate of speed that is a marked
departure from the lawful rate of speed,

(ii) outdistancing or attempting to outdistance one or more other
motor vehicles while driving at a rate of speed that is a marked
departure from the lawful rate of speed, or

(iii) repeatedly changing lanes in close proximity to other
vehicles so as to advance through the ordinary flow of traffic
while driving at a rate of speed that is a marked departure from
the lawful rate of speed.

Definitions
Definition, marked departure from the lawful rate of speed

(2) In this section, “marked departure from the lawful rate of speed”
means a rate of speed that may limit the ability of a driver of a motor
vehicle to prudently adjust to changing circumstances on the highway.

2. For the purposes of subsection 231(1) of the Act, “stunt” includes any
activity where one or more persons engage in any of the following
driving behaviours:

(a) driving a motor vehicle, including a motorcycle but excluding a
commercial motor vehicle using lift axles, in a manner to lift one or
more of its tires from the surface of the highway;

(b) driving a motor vehicle in a manner to cause some or all of its
tires to lose traction with the surface of the highway while turning;

(c) driving a motor vehicle in a manner to spin it or cause it to circle,
without maintaining control over it;

(d) driving a motor vehicle side by side with one or more other
motor vehicles or in proximity to one or more other motor vehicles,
where one of the motor vehicles occupies a lane of traffic or other
portion of the highway, intended for use by oncoming traffic, for a
period of time that is longer than is reasonably required to pass
another motor vehicle;

(e) driving a motor vehicle with a person in the trunk of the motor
vehicle;

(f) driving a motor vehicle from a position in the vehicle other than
the designated driver’s seat;

(g) permitting any person or thing to occupy the front seat of a
motor vehicle in such a manner so as to impede the driver in the free
and uninterrupted access to and use of the steering wheel, brakes and
other equipment required to be used for the safe operation of the
motor vehicle;

(h) permitting any person to ride in a position in a motor vehicle that
interferes with the driver’s control over the driving mechanism of the
motor vehicle or that obstructs the driver’s clear vision;

(i) permitting any person or thing to protrude from the inside of the
motor vehicle to the outside through a window, moon roof, sun roof
or other opening in the motor vehicle.

3. These regulations come into force on December 11, 2010.

EXPLANATORY NOTES
SECTION 1 provides a definition for “race” for the purposes of

subsection 231(1) of the Act.

SECTION 2 provides a definition for “stunt” for the purposes of
subsection 231(1) of the Act.

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