Driver's Licence Demerit Point Regulations

Regulation
Registration
R-093-93
Source
Unofficial consolidation PDF (justice.gov.nt.ca)
Under
Motor Vehicles Act

This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.

  • s.1 amended by R-051-94,s.2
  • s.1 amended by R-076-2005,s.2 in force Aug. 1, 2005
  • s.2 amended by R-031-2013,s.2
  • s.3 amended by R-051-94,s.3
  • s.3 amended by R-082-2001,s.2
  • s.3 amended by R-076-2005,s.3 in force Aug. 1, 2005
  • s.3 amended by R-031-2013,s.3,4
  • s.4 amended by R-076-2005,s.4 in force Aug. 1, 2005
  • s.4 amended by R-031-2013,s.2
  • s.5 amended by R-008-2001,s.2
  • s.5 amended by R-082-2001,s.3
  • s.5.1 amended by R-076-2005,s.6 in force Aug. 1, 2005
  • s.5.1 amended by R-031-2013,s.2
  • s.6 amended by R-076-2005,s.7 in force Aug. 1, 2005
  • s.6 amended by R-031-2013,s.2
  • s.7 amended by R-051-94,s.4
  • s.7 amended by R-082-2001,s.4
  • s.7 amended by R-031-2013,s.2
  • s.8 amended by R-082-2001,s.5
  • s.8 amended by R-031-2013,s.2
  • s.8.1 amended by R-008-2001,s.3
  • s.8.1 amended by R-082-2001,s.6
  • s.8.1 amended by R-076-2005,s.8 in force Aug. 1, 2005
  • s.9 amended by R-082-2001,s.7
  • s.9 amended by R-076-2005,s.9 in force Aug. 1, 2005
  • s.10 amended by R-076-2005,s.10 in force Aug. 1, 2005
  • s.11 amended by R-051-94,s.5
  • s.11 amended by R-082-2001,s.8
  • s.11 amended by R-031-2013,s.3
  • s.12 repealed by R-076-2005,s.11 in force Aug. 1, 2005
  • s.13 repealed by R-076-2005,s.11 in force Aug. 1, 2005
  • s.sched_1 amended by R-076-2005,s.12 in force Aug. 1, 2005
  • s.sched_1 amended by R-101-2011,s.2 in force Jan. 1, 2012
  • s.sched_1 amended by R-092-2013,s.2
  • s.sched_1 amended by R-055-2016,s.2 in force May 1, 2016
Contents
1. 1 2. 2 3. 3 4. 4 5. 5 5.1. 5.1 6. 6 7. 7 8. 8 8.1. 8.1 9. 9 10. 10 11. 11 12. Repealed 13. Repealed SCHEDULE (subsection 3(2))

Whereas the Commissioner considers it necessary and advisable for carrying out the purposes and provisions of the Motor Vehicles Act to make the following regulations:

The Commissioner, on the recommendation of the Minister, under section 349 of the Motor Vehicles Act and every enabling power, makes the Driver's Licence Demerit Point Regulations.

DEMERIT POINTS

1.

In these regulations,

"Act" means the Motor Vehicles Act; (Loi)

"driving record" means driving record as defined in section 110 of the Act; (dossier de conducteur)

"novice driver" means a person who is named in

(a) a driver’s licence that is categorized as a learner’s driver’s licence under the Driver’s Licence Regulations made under the Act, or

(b) a driver’s licence that is categorized as a probationary driver’s licence under the Driver’s Licence Regulations made under the Act. (conducteur débutant)

R-051-94,s.2; R-076-2005,s.2.

2.

If a notice is sent by registered mail under these regulations,

(a) the addressee is deemed to have received the notice 10 days after the day on which the notice is mailed; and

(b) the notice takes effect 14 days after the day on which the notice is deemed to have been received.

R-031-2013,s.2.

3.

(1) The Registrar shall maintain a driving record for every driver for whom the Registrar issues a driver's licence.

(2) The Registrar shall, in accordance with the Schedule, add demerit points to a driving record as the Registrar becomes aware of the convictions of the driver.

(2.1) The Registrar shall add demerit points to a driving record if

(a) the Minister has entered into an agreement with the government of an extra-territorial jurisdiction to confer rights and obligations on persons driving in that jurisdiction; and

(b) the Registrar is notified that the driver has been convicted of an offence in the extra-territorial jurisdiction referred to in paragraph (a), if an equivalent offence is listed in the Schedule.

(2.2) The Registrar shall add demerit points to a driving record if the Registrar is notified or becomes aware that the driver has been convicted of an offence under a bylaw made under Part XII of the Act that deals with the operation of a motor vehicle on a highway.

(2.3) The number of demerit points added under subsection (2.1) or (2.2) for a conviction shall be equal to the number of demerit points that may be added under subsection (2) for an equivalent offence.

(3) Subject to sections 9 and 11, the Registrar shall remove demerit points from a driving record 24 months after the points were added to the driving record. R-051-94,s.3;R-082-2001,s.2;R-076-2005,s.3; R-031-2013,s.3,4.

4.

If a driver other than a novice driver has accumulated eight demerit points, the Registrar shall notify the driver by registered mail of the number of demerit points accumulated by the driver. R-076-2005,s.4; R-031-2013,s.2.

5.

(1) If a driver other than a novice driver has accumulated 12 or more demerit points, the Registrar shall

(a) notify the driver by registered mail of the number of demerit points accumulated by the driver; and

(b) arrange a telephone or personal interview between the driver and a driver examiner or driver's licence review officer.

(2) The driver shall attend the interview arranged under subsection (1).

(3) If a driver fails to attend the interview arranged under subsection (1), the Registrar may suspend the driver's licence of the driver and prohibit the driver from operating a motor vehicle until such time as the driver attends an interview under subsection (1). R-076-2005,s.5; R-031-2013,s.2.

R-008-2001,s.2; R-082-2001,s.3.

SUSPENSION OF LICENCE

5.1.

(1) If a novice driver has accumulated 6 or more demerit points, the Registrar shall suspend the driver’s licence of the driver and prohibit the driver from operating a motor vehicle for a period of one month.

(2) If a novice driver has accumulated 12 or more demerit points, the Registrar shall suspend the driver’s licence of the driver and prohibit the driver from operating a motor vehicle for a period of three months.

(3) If a novice driver has accumulated 15 or more demerit points, the Registrar shall suspend the driver’s licence of the driver and prohibit the driver from operating a motor vehicle for a period of six months. R-076-2005,s.6; R-031-2013,s.2.

6.

If a driver other than a novice driver has accumulated 15 or more demerit points, the Registrar shall suspend the driver's licence of the driver and prohibit the driver from operating a motor vehicle for a period of one month. R-076-2005,s.7; R-031-2013,s.2.

7.

(1) If a driver has been required to serve three or more suspensions as a result of the accumulation of demerit points, the Registrar may, for each subsequent accumulation of 15 demerit points, suspend the driver’s licence of the driver and prohibit the driver from operating a motor vehicle for a period that exceeds one month and does not exceed 24 months.

(2) A person who is the subject of a suspension or prohibition under subsection (1) may appeal the suspension or prohibition in accordance with section 112 of the Act. R-051-94,s.4; R-082-2001,s.4; R-031-2013,s.2.

8.

(1) If the Registrar suspends a driver's licence under these regulations, the Registrar shall, by registered mail, send a notice of suspension to the driver.

(2) The Registrar may include in the notice of suspension sent under subsection (1) a demand that the driver surrender his or her driver's licence to the Registrar.

(3) On receipt of a demand for surrender of his or her driver's licence, the driver shall, without delay, deliver or mail the licence to the Registrar. R-082-2001,s.5; R-031-2013,s.2.

8.1.

A suspension of a driver’s licence under section 5.1, section 6 or subsection 7(1) remains in effect until

(a) the period for which the driver is prohibited from operating a motor vehicle is concluded; and

(b) the driver pays the reinstatement set out in Schedule E of the Driver’s Licence Regulations, made under the Act.

R-008-2001,s.3; R-082-2001,s.6; R-076-2005,s.8.

9.

(1) The Registrar shall remove all but seven demerit points from the driving record of a driver at the conclusion of the period for which the driver was prohibited from operating a motor vehicle under subsection 5.1(3), section 6 or subsection 7(1).

(2) The Registrar shall remove the seven demerit points remaining on the driving record of a driver under subsection (1) 24 months after the conclusion of the period for which the driver was prohibited from operating a motor vehicle under section 6 or subsection 7(1). R-082-2001,s.7; R-076-2005,s.9.

DRIVER IMPROVEMENT

10.

The Registrar may approve driver improvement courses. R-076-2005,s.10.

11.

(1) Subject to subsections (3) and (4), if a driver holds a class of driver's licence other than a class 7 and completes an approved driver improvement course, the Registrar shall either remove half of the demerit points on the driving record of the driver or, if the total number of points on the driving record is five or less, remove all the demerit points from the driving record.

(2) The completion of a driver improvement course does not reduce the term of a suspension in effect at the time the driver completes the course.

(3) If a driver's licence is under suspension, the completion of a driver improvement course by the driver does not reduce the number of demerit points on the driving record.

(4) The Registrar shall only remove demerit points from the driving record of a driver in respect of the completion of one approved driver improvement course in any 24 month period. R-051-94,s.5; R-082-2001,s.8; R-031-2013,s.3.

12.

Repealed, R-076-2005,s.11.

13.

Repealed, R-076-2005,s.11.

SCHEDULE (subsection 3(2))

PART 1 - MOTOR VEHICLES ACT

ITEM PROVISION GENERAL DESCRIPTION DEMERIT POINTS

NUMBER CONTRAVENED OF OFFENCE TO BE ADDED

1. 5 Operating a motor vehicle without valid certificate of 2 registration

2. 54 Operating a motor vehicle while certificate of registration 2 suspended or cancelled

3. 66(1) Operating a motor vehicle without valid driver’s licence 2

4. 78(3) Operating a motor vehicle in contravention of term or 2 condition

5. 119 Operating a motor vehicle while prohibited or disqualified 5 or while driver’s licence suspended

6. 128(1) Operating a motor vehicle without lights in operation 1

7. 128(2) Failing to dim lights 2

8. 138(1) Sounding horn or bell so as to make unreasonable noise 1

9. 138(2) Operating a motor vehicle in manner causing loud and 2 unnecessary noise

10. 146(1) Operating a motor vehicle without seat belt assembly 2

11. 146(2) Operating a motor vehicle without properly wearing seat 2 belt assembly

12. 146(4)(a) Operating a motor vehicle in which passenger under the 2 age of 15 is not properly wearing seat belt assembly

13. 146(4)(b) Operating a motor vehicle in which child is not properly 2 secured in prescribed child restraint system

14. 154(1) Careless driving 6

14.1. 155.1(2) Driving while using a restricted electronic device 3

14.2. 155.2(2) Driving while using a restricted electronic device in a 3 construction zone or school zone

15. 161(1) Failing to stop a motor vehicle at red light 3

16. 163 Failing to obey traffic control device 2

17. 166 Failing to stop 3

18. 169(3) Speeding in excess of the maximum speed limit in other 2 than a construction zone or school zone less than or equal to 15 km/h in excess

19. 169(3) Speeding in excess of the maximum speed limit in other 3 than a construction zone or school zone more than 15 km/h but less than or equal to 30 km/h in excess

19.1. 169(3) Speeding in excess of the maximum speed limit in other 5 than a construction zone or school zone more than 30 km/h but less than or equal to 50 km/h in excess

20. 169(4) Speeding in excess of the maximum speed limit in a 2 construction zone or school zone less than or equal to 15 km/h in excess

20.1. 169(4) Speeding in excess of the maximum speed limit in a 3 construction zone or school zone more than 15 km/h but less than or equal to 30 km/h in excess

20.2. 169(4) Speeding in excess of the maximum speed limit in a 5 construction zone or school zone more than 30 km/h but less than or equal to 50 km/h in excess

21. 171 Driving at unreasonable speed 3

22. 172 Driving unreasonably slowly 2

23. 174 Driving on the left when prohibited 2

24. 177 Driving across median 3

25. 182, 183 Overtaking on left unsafely 2

26. 184 Overtaking turning vehicle unsafely 2

27. 188, 189 Failing to be overtaken properly 2

28. 190 Overtaking a vehicle improperly 2

29. 192 Following too closely 3

30. 193, 194 Backing up unsafely 2

31. 195 Improper right turn 2

32. 196, 197 Improper left turn 2

33. 200, 201, 202 Signalling improperly 2

34. 204 to 207, 209 Failing to yield right of way 2

35. 208 Failing to obey yield sign 2

36. 212 Failing to stop at stop sign 3

37. 215 Failing to stop at railway crossing 3

38. 217 Failing to stop for school bus 4

39. 225(1) Driving without adequate control or view 2

40. 226(1)(a) Permitting number of persons to exceed designated seating 2 positions

41. 227 Driving improperly through canyons or mountains 1

42. 228 Unauthorized coasting 1

43. 230 Following or parking too closely to operational fire 2 fighting vehicles

44. 231 Driving over unprotected fire hoses 3

45. 233 Driving on sidewalk 2

46. 234 Opening motor vehicle door dangerously 2

47. 235 Stunting 3

48. 236 Racing 5

49. 242 Unsafe operation of motorcycle 6

50. 243 Failing to wear helmet while operating motorcycle 2

51. 244 Operating motorcycles abreast 1

52. 248 Towing 4

53. 250 Failing to yield right of way to pedestrian 2

54. 251 Passing a stopped vehicle at crosswalk 3

55. 259(1)(a) Failing to remain at scene of accident 5

56. 259(1)(b) Failing to render all reasonable assistance 3

57. 259(1)(d) Failing to produce documentation 3

58. 260(1) Failing to provide information and documentation to driver 3 or owner

59. 262(1) Failing to report accident 5

PART 2 - LARGE VEHICLE CONTROL REGULATIONS

ITEM PROVISION GENERAL DESCRIPTION DEMERIT POINTS

NUMBER CONTRAVENED OF OFFENCE TO BE ADDED

1. 2(2) Failure to operate vehicle with due regard for safety of 3 others

2. 2(3) Failure to obey direction of officer 3

3. 3(4) Failure to obey order posted or sign placed 1

4. 23(3)(a) Failure to make reasonable efforts to secure load 2

5. 23(3)(b) Failure to make reasonable efforts to minimize centre of 2 gravity of load

6. 23(3)(c) Failure to make reasonable efforts to distribute load over 2 vehicle

7. 23(3)(d) Failure to make reasonable efforts to ensure vehicle 2 structurally sound and capable of carrying load without load falling or leaking

8. 30(4) Failure to proceed to nearest weigh scale for inspection on 3 direction of officer

R-076-2005,s.12; R-101-2011,s.2; R-092-2013,s.2; R-055-2016,s.2.