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AN ACT TO ENHANCE OFF-HIGHWAY VEHICLE SAFETY

Bill 36

AN ACT TO ENHANCE OFF‑HIGHWAY
VEHICLE SAFETY

Chapter 21

(Assented to December 9, 2016)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Amends RSA 2000 cT‑6

1   The Traffic Safety Act is amended by this Act.

 

2   Section 128(a) is repealed.


 

3   The following is added after section 128:

Safety helmets

128.1(1)  In this section, “safety helmet” means a helmet that complies with the regulations.

(2)  Except as otherwise permitted under this Act, a person shall not drive, operate, ride in or on or be towed by an off‑highway vehicle unless the person is properly wearing a safety helmet.

(3)  Subsection (2) does not apply to the driving or operation of, riding in or on, or being towed by, an off‑highway vehicle on

                                 (a)    land within an Indian reserve,

                                 (b)    land within a Metis settlement, or

                                 (c)    land referred to in section 119(2)(a) or (b).

(4)  Subsection (2) does not apply to a person performing farming or ranching work where the person is not required under the Occupational Health and Safety Act or a regulation or code of rules made under that Act to wear a helmet while driving, operating, riding in or on, or being towed by, a vehicle that is an off-highway vehicle during the performance of that work.

 

4   Section 129 is amended by adding the following after clause (b):

                           (c)    respecting the use of helmets used in connection with the driving or operation of, riding in or on, or being towed by, off‑highway vehicles;

                           (d)    respecting standards to be met by helmets used in connection with the driving or operation of, riding in or on, or being towed by, off‑highway vehicles;

                           (e)    exempting or providing for the granting of exemptions from section 128.1(2) or the regulations made under clause (c) of persons or classes of persons driving, operating, riding in or on, or being towed by, off‑highway vehicles;

                            (f)    respecting the sale of helmets intended to be used in connection with the driving or operation of, riding in or on, or being towed by, off‑highway vehicles.

 

5   Section 157(1)(a) is amended by adding “128.1(2),” after “126,”.

 

6   This Act comes into force on Proclamation.