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Difference between revisions of "Provincial Driving Offences (13:VI)"
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Provincial Driving Offences (13:VI) (view source)
Revision as of 22:31, 15 September 2022
, 22:31, 15 September 2022→C. Vicarious Liability for Provincial Motor Vehicle Offences
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Pursuant to ''Motor Vehicle Act'' ss 83 and 88, the owner of a motor vehicle is liable for any violation of the ''Motor Vehicle Act'' or ''Motor Vehicle Act Regulations'' unless they prove that: | Pursuant to ''Motor Vehicle Act'' ss 83 and 88, the owner of a motor vehicle is liable for any violation of the ''Motor Vehicle Act'' or ''Motor Vehicle Act Regulations'' unless they prove that: | ||
:a) they did not entrust the motor vehicle to the person in possession or exercised reasonable care and diligence when doing so (''Motor Vehicle Act'' s 83(3)); | |||
:b) although the registered owner, they are not the actual owner (''Motor Vehicle Act'' s 83(5)(b)); or | |||
:c) the person committing the offence was not the registered owner’s employee, servant, agent or worker (''Motor Vehicle Act'' s 88(3)). | |||
Under ''Motor Vehicle Act'' s 83(4), if an owner is liable for an offence committed by the driver, a fine of not more than $2,000 may be imposed in place of the fine or term of imprisonment specified in the enactment. | Under ''Motor Vehicle Act'' s 83(4), if an owner is liable for an offence committed by the driver, a fine of not more than $2,000 may be imposed in place of the fine or term of imprisonment specified in the enactment. | ||
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Under s 83(7), no owner is liable if the driver was convicted under the ''Motor Vehicle Act'' for: | Under s 83(7), no owner is liable if the driver was convicted under the ''Motor Vehicle Act'' for: | ||
:a) driving without a license or without the appropriate class of license (s 24(1)); | |||
:b) driving while prohibited by order of peace officer or Superintendent (s 95); | |||
:c) driving while prohibited by operation of law (s 102); | |||
:d) impaired driving (s 224); or [REPEALED] | |||
:e) refusing to give a blood sample (s 226(1)). [REPEALED] | |||
Generally, where the driver of a motor vehicle has been convicted of an offence, financial liability rests on them and further relief cannot be sought against the owner of the vehicle. | Generally, where the driver of a motor vehicle has been convicted of an offence, financial liability rests on them and further relief cannot be sought against the owner of the vehicle. | ||
== D. Limitation Period == | == D. Limitation Period == | ||
