Channel-Port aux Basques, Newfoundland and Labrador
· adopted 2011-06-14
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TRAFFIC REGULATIONS
PUBLISHED BY AUTHORITY
Pursuant to the power delegated by the Minister of Transportation and Works under Section 189 of
the Highway Traffic Act, and pursuant to the authority conferred by Section 414 of the Municipalities
Act 1999, the Town of Channel - Port aux Basques hereby enacts the following Regulations which
were adopted at a Public Meeting held on the 14th day of June A.D., 2011.
MAYOR
1. TITLE
These Regulations shall be known and cited as "The Town of Channel - Port aux Basques Traffic
Regulations, 2011".
2. DEFINITIONS
In these Regulations the following words, unless the context otherwise requires, shall have the
following meanings:
(a) "Bus" means a motor vehicle designed or used for the transportation of passengers with a
seating capacity of 10 or more in addition to the driver, but excluding those motor vehicles
when used for personal transportation by the owner or with the owner's permission.
(b) "Commercial Motor Vehicle" means a vehicle designed to carry goods and persons and
includes a bus, a school bus, a truck (excluding vehicles 1 ¼ tonnes and under), a truck trailer
and other motor vehicles designed for commercial use but does not include camper type
vehicles designed or adopted exclusively for recreational purposes.
(c) "Council" means the Town Council of Channel - Port aux Basques.
(d) "Crosswalk" means:
(i)
Any part of a roadway at an intersection or elsewhere distinctly indicated for
pedestrian crossing by signs or by lines or other markings on the surface; or
(ii)
The part of a roadway at an intersection that is included within the connection of
the lateral lines of the sidewalks of the opposite sides of a highway, measured from
the curbs, or in the absence of curbs, from the edge of the roadway.
(e) "Driveway" means a clearly defined private roadway, path or passage or a like opening or
space which is wide enough, but not wider than is necessary for the passage of a motor
vehicle, whereby the owner, occupier or user of property has vehicular access from the
roadway to a point within the property.
(f) "Emergency Vehicle" means:
(i)
A motor vehicle driven by a constable or by a member of the police branch of any of
Her Majesty's Armed Forces or a peace officer being a member of the Royal
Newfoundland Constabulary or the Royal Canadian Mounted Police where there is
an urgent emergency justifying the rate of speed in excess of any maximum rate of
speed provided for in these Regulations;
(ii)
A motor vehicle carrying firefighting equipment in responding to an alarm of fire;
(iii)
An ambulance responding to a call or transporting a patient where there is an
urgent emergency justifying a rate of speed in excess of any maximum rate of speed
provided for in these Regulations; or
(iv)
A motor vehicle where there is an urgent emergency.
(g) "Highway" means a place or way, including a structure forming part of the place or way,
designed and intended for, or used by the public for the passage of traffic and includes all
the space between the boundary lines of the place or way.
(h) "Intersection" means the area enclosed within the prolongation or connection of the lateral
curb lines or if there are no curb lines, the lateral boundary lines of two or more highways
that join one another at an angle, whether or not one of the highways cross the other.
(i) "Motor Vehicle" means a vehicle propelled, driven or controlled otherwise than by muscular
power, other than a trailer or a vehicle running on fixed rails.
(j) "Municipal Enforcement Officer" means for the purpose of these Regulations a peace officer
with the powers as outlined in the Municipalities Act, M-24, RSN 1999 and amendments and
as outlined in the Highway Traffic Act, RSN 1990 Chapter H-3 and amendments.
(k) "Operator" means a person driving a motor vehicle on a highway or who has the care or
control of the motor vehicle on a highway whether in motion or not.
(l) "Owner" means:
(i)
The person who holds the legal title to a vehicle; or
(ii)
In the case of a vehicle that is registered, the person in whose name it is registered.
(m) "Park" means to permit a vehicle whether occupied or not, to stand otherwise than
temporarily for the immediate purpose of and while actually engaged in loading or
unloading goods or taking up or setting down passengers or in obedience to Traffic
Regulations or traffic signs or the direction of a traffic officer.
(n) "Pedestrian" means a person on foot, a handicapped person in a wheelchair, or a child in a
carriage or on a sleigh being pushed or pulled.
(o) "Persons" means any persons, firm, partnership, association, corporation, or any
organization of any kind.
(p) "Regulations" means Town of Channel - Port aux Basques Traffic Regulations made under
the authority of the Highway Traffic Act and amendments and the Municipalities Act and
amendments.
(q) "Roadway" means a portion of a highway that is improved, designed, or ordinarily used for
vehicular traffic, but does not include the shoulder unless the shoulder is paved, and where
a highway includes two or more separate roadways, the term "roadway" refers to any one
roadway separately and not to all the roadways collectively.
(r) "School bus" means a motor vehicle:
(i)
Designed or used to carry 7 or more passengers, in addition to the driver;
(ii)
Owned, operated by or contracted to a school board or agent of a school board; and
(iii)
Used to transport children to or from school or to and from places other than school
for the purpose of school related activities.
(s) "Sidewalk" means that portion of a highway between the curb lines or the lateral lines of a
roadway and the adjacent property lines set apart for the use of pedestrian and includes any
part of a highway set apart or marked as being for the exclusive or intended use of
pedestrians and is considered to include an area of highway lying between the curb lines or
the lateral lines of a roadway and that portion of a highway set apart for the use of
pedestrians.
(t) "Stop" when required means the complete cessation of movement.
(u) "Stop" or "Stand" when prohibited means any stopping or standing of a vehicle whether
occupied or not except when necessary to avoid conflict with other traffic or in compliance
with the direction of a traffic officer or traffic control device or signal.
(v) "Town" means the Town of Channel - Port aux Basques.
(w) "Traffic" includes vehicles, pedestrians and animals while using a highway for the purpose
of travel.
(x) "Traffic Officer" means any person appointed by Council to enforce these Regulations,
including a Municipal Enforcement Officer.
(y) "Traffic Sign" includes all traffic control signals, warning sign posts, direction posts, signs,
lines, marks or other devices for the guidance or persons using highways.
(z) "Vehicle" means a device in, upon or by which a person or property may be transported or
driven upon a highway.
3. COUNCIL AUTHORITY
(a) The Council may cause or permit traffic lights or signs to be placed on or near any highway
within the limits of the Town.
(b) Traffic lights or signs erected or authorized under subsection (1) of these Regulations may
be signs for any of the following purposes:
(i)
To regulate the movement of traffic;
(ii)
To indicate the route to be followed by traffic;
(iii)
To restrict or prohibit the use of any part of any highway; other than a main
highway designated as such by the Minister of Transportation and Works, within the
limits of the Town;
(iv)
To indicate the maximum speed limits in any area or on any part of any highway
within the limits of the Town, so that vehicles driven in excess of such speed shall be
taken to have failed to conform to the indication given by the sign;
(v)
To restrict or prohibit the parking of vehicles in any area or on any part of any
highway within the limits of the Town;
(vi)
To restrict or prohibit temporarily the use of any highway, other than a main
highway designated as such by the Minister of Transportation and Works, or any
part of any highway within the limits of the Town, whenever, owing to the likelihood
of danger to the public or serious damage to the highway, it appears to the Council
to be necessary; and to limit the loads of vehicles owing to the condition of the
highway if the Council deems it necessary, provided that the traffic lights or signs
shall not apply to any person granted a permit in writing by the Council to use the
highway in case of an emergency;
(vii)
To warn users of the highway of the need for special caution;
(viii)
To convey information to users of the highway within the limits of the Town;
(ix)
To set out proper pedestrian crossing on any highway within the limits of the town;
and
(x)
To restrict or reserve specific parking spaces for the sole use of disabled person.
(c) Any person who fails to comply with the directions, restrictions, prohibitions, or warnings
given by traffic lights or signs erected in accordance with these Regulations shall be guilty of
an offence against these Regulations.
4. PARKING OFFENCES
(a) No person shall stop, stand or park a vehicle on a highway so that the vehicle or any part of
it is:
(i)
On a sidewalk or an area generally used by or intended for use by pedestrians;
(ii)
In front of a public or private driveway or in front of an authorized loading door
designated as such:
(iii)
Within 6 meters of an intersection;
(iv)
Within 5 metres of a fire hydrant;
(v)
Within a crosswalk
(vi)
Within 6 metres of the approach side of a crosswalk;
(vii)
Within 8 metres upon the approach to any flashing beacon, stop sign, or traffic-
control sign or signal located at any side of a roadway;
(viii)
Within 6 metres either side of the entrance to or exit from a hotel, church, school,
public meeting place, theatre, dance hall or playground;
(ix)
Within a distance of 20 metres from a bus stop erected under these Regulations,
except where otherwise provided by a sign erected under these Regulations;
(x)
Within 6 metres of a driveway entrance to a fire station;
(xi)
Alongside or opposite a street excavation or obstruction when stopping, standing or
parking obstructs traffic;
(xii)
In a place in contravention of a traffic control device that gives notice that stopping,
standing or parking is there prohibited or restricted;
(xiii)
Parked on the left side of the highway in the direction it is heading, excepting where
such parking is designated by proper signs erected by Council;
(xiv)
Within 150 metres of any site where a fire is in progress unless permission has been
obtained from a police constable, excepting a fire engine, ambulance, clergy car,
police car, medical doctor's car or nurse's car;
(xv)
Parked in such a manner as to interfere with, hinder or obstruct the normal flow of
traffic;
(xvi)
Parked on highway property between the curb or edge or the roadway and the
boundary line of the highway;
(xvii)
On any property classified as an easement or upon which Council grants a permit;
(xviii)
For the purpose of displaying the vehicle for sale;
(xix)
For the purpose of washing, greasing or repairing the vehicle, expect for such
repairs as have been necessitated by an emergency;
(xx)
Parked in an area designated as a parking space for disabled persons only.
(b) No person shall double park any motor vehicle on any highway within the limits of the
Town.
(c) No person shall park or stop any vehicle on any roadway unless on the right hand side of
the roadway having regard to the direction in which the vehicle was proceeding with the
right front and rear wheels parallel to and not more than thirty (30) centimeters from the
curb where there is a raised curb, or where there is no curb or a rolled curb, with the right
front and rear wheels parallel to and as near the right hand limit of the roadway as is
practical without stopping or parking over a sidewalk or footpath or over any part of the
road where grass is grown or which is not intended for the use of vehicles.
(d) No person shall stand, stop or park or drive a vehicle upon any highway or public area within
the Town in contravention to any signs that may be posted by Council.
5. COMMERCIAL VEHICLES OFFENCES
(a) The Council is hereby authorized to determine and designate these streets in the Town,
which shall be used by commercial motor vehicles.
(b) These Regulations shall not prohibit:
(i)
The operation of commercial motor vehicles upon any street where necessary to the
conduct of business at a destination point, provided that streets upon which such
traffic is permitted are used until reaching the intersection nearest the destination
point;
(ii)
The operation of an emergency vehicle upon any street in the Town;
(iii)
The operation of commercial motor vehicle owned or operated by the Town, Public
Utilities or any contractor engaged in the repair, delivery of materials, maintenance
or construction of streets, street improvements, or street utilities within the Town
of Channel - Port aux Basques; or
(iv)
The operation of commercial motor vehicles upon any officially established detour
in the Town of Channel - Port aux Basques.
(c) No person shall park any commercial motor vehicle in any residential zone in the Town of
Channel - Port aux Basques,
(d) An application for a permit to park any commercial motor vehicle in any residential zone
shall be made to the Council in such form as prescribed by the Council and every applicant
for a permit shall furnish with the application such information as Council may require.
(e) The Council shall attach to the permit such conditions as it deems fit for the parking of any
commercial motor vehicle in a residential zone and may permit parking for such limited time
as it deems fit.
(f) The driver of a commercial vehicle loading or unloading freight within the Town shall, if
possible, place such vehicle off the highway into some private parking space; where no
alternative loading or unloading point exists, place such vehicles as near as possible to the
curb or side of the highway and load or unload as quickly as possible as to excessively hinder
or obstruct the normal flow of traffic either vehicular or pedestrian.
6. OTHER LIMITATIONS
(a) No structure, object or vehicle, other than a vehicle licensed under the Highway Traffic Act,
shall move over a highway or bridge, within the Town except with the written approval of
Council.
(b) Notwithstanding subsection (1), no vehicle that is propelled over tracks or other device,
other than tires, shall move over a highway or bridge, within the Town except with the
written approval of Council.
7. ABANDONED VEHICLES
(a) When a vehicle:
(i)
Is standing, stopped or parked upon a highway within the Town limits or bridge in
such a position that it may:
(1) Interfere with the pedestrian or vehicular traffic;
(2) Constitute a hindrance to the maintenance, repair or improvement thereof;
(3) Hinder or impede the ploughing of or removal of snow or ice therefrom; or
(4) Hinder or impede the carrying out of any undertaking of the Council; or
(ii)
Has been apparently abandoned upon a highway within the Town limits, sidewalk or
bridge for longer than twenty-four (24) hours; or
(iii)
Has been left unattended upon any highway within the Town limits, sidewalk or
bridge in contravention of these Regulations,
the Council or any person authorized for the purpose by the Council may remove that
vehicle, at the owner's risk and expense, to a place selected by the Council or person so
authorized.
(b) The Council may dispose of any vehicle removed and stored under these Regulations, by
Public Sale or Auction, if the vehicle is not claimed within ninety (90) days of removal and
storage.
(c) Prior to the return of the vehicle to its owner, the owner shall pay the costs of its removal
and storage as determined by the Council and where such costs are not paid by the owner,
the Council may sell the vehicle on Public Sale or Auction to satisfy such costs upon notice to
the owner, including the costs, if any, of or incidental to the Public Sale or Auction.
8. ANTI LITTER OFFENCES
(a) A person shall not throw or deposit or cause to be thrown, deposited or left on a highway,
glass, nails, tacks, scraps of metal or other material which may injure tires of vehicles or
rubbish, or refuse or waste.
(b) A person who removes a wrecked or damaged vehicle from a highway shall remove glass or
any injurious substance or thing dropped upon the highway from the vehicle.
(c) No person shall place any object or structure (including objects or structures used for street
sports, on any street which interferes with the flow of traffic. Any object or structure so
placed may be removed by any person authorized by Council, at the owner's expense.
9. OFFENCE
Notwithstanding the Summary Proceedings Act, any person who violates any of the provisions
of these Regulations, shall be guilty of an offence and shall be liable on summary conviction to a
fine of not more than the maximum amount of $100.00 and not less than the minimum amount
of $30.00.
10. REPEAL OF PREVIOUS REGULATIONS AND AMENDMENTS
All previous Town of Channel - Port aux Basques Traffic Regulations and amendments are
repealed.
11. COMPLIANCE WITH OTHER ACTS AND REGULATIONS
Nothing in these Regulations serves to exempt any person from obtaining any license,
permission, permit, authority or approval required by any other regulation of the Town or any
statute or regulation of the Province of Newfoundland and Labrador, and in such cases where
more than one regulation or statute applies the more restrictive regulation or statute shall
apply.
12. EFFECTIVE DATE
These Regulations shall come into force on the 7th day of October A.D., 2011.
In witness whereof the Seal of the Town of Channel - Port aux Basques has been affixed hereto and
these Regulations have been signed by the Mayor and the Town Manager on behalf of Council this 14th
day of June A.D., 2011.
Mayor
Town Manager