Section 57(1) of the HTA, (Highway Traffic Act), sets out what is a novice driver.
Regulations, novice drivers
57.1 (1) The Lieutenant Governor in Council may make regulations in respect of novice drivers,
(a) defining novice driver and accompanying driver;
(b) prescribing drivers’ licences of different classes and levels for novice drivers;
(b.1) prescribing the qualifications of applicants for and holders of any class or level of driver’s licence for novice drivers;
(c) prescribing the qualifications and requirements, including a maximum blood alcohol concentration level, for accompanying drivers;
(d) requiring novice drivers with drivers’ licences of any class or level to be accompanied, while driving, by an accompanying driver;
(e) respecting practical and written driving examinations and mental and physical, including ophthalmic and auditory, examinations for applicants for drivers’ licences for novice drivers of any class or level;
(f) prescribing the length of time or the method of determining the length of time during which a person shall be a novice driver or shall be restricted to any level of driver’s licence for novice drivers;
(g) prescribing circumstances under which the driver’s licence of a novice driver shall be cancelled or suspended and the length of the suspension or suspensions;
(h) prescribing circumstances under which a novice driver may be required to attend before an official of the Ministry for an interview and the examination or examinations that may be required;
(i) prescribing circumstances under which a novice driver may be required to produce evidence with regard to successful completion of a Ministry-approved driver education or improvement course;
(j) Repealed: 2005, c. 26, Sched. A, s. 7 (1).
(k) prescribing modifications to the demerit point system prescribed under section 56 in so far as it applies to novice drivers and exempting novice drivers or any class or level of driver’s licence for novice drivers from any of the provisions of the demerit point system;
(l) prescribing conditions and restrictions that shall apply to any class or level of driver’s licence for novice drivers;
(l.1) prescribing circumstances under which the driver’s licence of a novice driver may be changed in respect of its class as a consequence of a conviction for any offence under this Act or for a contravention of any condition on his or her driver’s licence;
(m) prescribing markers or identifying devices to be displayed on or in motor vehicles driven by novice drivers or novice drivers with drivers’ licences of any class or level and governing the conditions of their use and the manner of displaying them;
exempting novice drivers or novice drivers with a driver’s licence of any class or level from any requirement under this Part or any regulation made under this Part and prescribing conditions for the exemption;
Then Section 44(1) says:
44.1 (1) It is a condition of the driver’s licence of every novice driver that his or her blood alcohol concentration level be zero while he or she is driving a motor vehicle on a highway. 2009, c. 5, s. 14.
Young drivers
(2) It is a condition of the driver’s licence of every young driver that his or her blood alcohol concentration level be zero while he or she is driving a motor vehicle on a highway. 2009, c. 5, s. 14.
Penalty, novice drivers
(3) Every novice driver who contravenes the condition of his or her driver’s licence imposed under subsection (1) is guilty of an offence and on conviction is liable to a fine of not less than $60 and not more than $500. 2009, c. 5, s. 14.
Same
(4) If a novice driver is convicted of an offence under subsection (3), the Registrar may suspend, cancel or change his or her driver’s licence in accordance with the regulations. 2009, c. 5, s. 14.
Same, young drivers
(5) Every young driver who contravenes the condition of his or her driver’s licence imposed under subsection (2) is guilty of an offence and on conviction is liable to a fine of not less than $60 and not more than $500 and his or her driver’s licence is thereupon suspended for 30 days. 2009, c. 5, s. 14.
Intent of suspension
(6) The suspension of a licence under this section is intended to ensure that novice drivers and young drivers acquire experience and develop or improve safe driving skills in controlled conditions and to safeguard the licensee and the public and does not constitute an alternative to any proceeding or penalty arising from the same circumstances or around the same time. 2009, c. 5, s. 14.
Regulations
(7) The Lieutenant Governor in Council may make regulations governing the suspension or cancellation of drivers’ licences of novice drivers or the change in respect of their class for the purpose of subsection (4). 2009, c. 5, s. 14.
Definitions
(8) In this section,
“driver” includes a person who has care or control of a motor vehicle; (“conducteur”)
“driver’s licence” includes a motorized snow vehicle operator’s licence and a driver’s licence issued by any other jurisdiction; (“permis de conduire”)
“motor vehicle” includes a motorized snow vehicle; (“véhicule automobile”)
“novice driver” has the meaning prescribed by the regulations made under section 57.1; (“conducteur débutant”)
“young driver” means a driver who is under 22 years old. (“jeune conducteur”) 2009, c. 5, s. 14.
You will note it says DRIVER'S LICENCE will be suspended it does NOT say that CLASS OF LICENCE will be suspended. your driver's licence covers ALL classes that you hold.
Also note that section 44(1) says a novice driver shall have zero alcohol in their blood while driving a MOTOR VEHICLE on a highway. It does NOT distinguish the class of vehicle for which they hold the novice licence class. Therefore, reading that section if you hold a M1, M2, G1, or G2 regardless of what type of motor vehicle your operating, you MUST have a Zero BAC
Regulations, novice drivers
57.1 (1) The Lieutenant Governor in Council may make regulations in respect of novice drivers,
(a) defining novice driver and accompanying driver;
(b) prescribing drivers’ licences of different classes and levels for novice drivers;
(b.1) prescribing the qualifications of applicants for and holders of any class or level of driver’s licence for novice drivers;
(c) prescribing the qualifications and requirements, including a maximum blood alcohol concentration level, for accompanying drivers;
(d) requiring novice drivers with drivers’ licences of any class or level to be accompanied, while driving, by an accompanying driver;
(e) respecting practical and written driving examinations and mental and physical, including ophthalmic and auditory, examinations for applicants for drivers’ licences for novice drivers of any class or level;
(f) prescribing the length of time or the method of determining the length of time during which a person shall be a novice driver or shall be restricted to any level of driver’s licence for novice drivers;
(g) prescribing circumstances under which the driver’s licence of a novice driver shall be cancelled or suspended and the length of the suspension or suspensions;
(h) prescribing circumstances under which a novice driver may be required to attend before an official of the Ministry for an interview and the examination or examinations that may be required;
(i) prescribing circumstances under which a novice driver may be required to produce evidence with regard to successful completion of a Ministry-approved driver education or improvement course;
(j) Repealed: 2005, c. 26, Sched. A, s. 7 (1).
(k) prescribing modifications to the demerit point system prescribed under section 56 in so far as it applies to novice drivers and exempting novice drivers or any class or level of driver’s licence for novice drivers from any of the provisions of the demerit point system;
(l) prescribing conditions and restrictions that shall apply to any class or level of driver’s licence for novice drivers;
(l.1) prescribing circumstances under which the driver’s licence of a novice driver may be changed in respect of its class as a consequence of a conviction for any offence under this Act or for a contravention of any condition on his or her driver’s licence;
(m) prescribing markers or identifying devices to be displayed on or in motor vehicles driven by novice drivers or novice drivers with drivers’ licences of any class or level and governing the conditions of their use and the manner of displaying them;
exempting novice drivers or novice drivers with a driver’s licence of any class or level from any requirement under this Part or any regulation made under this Part and prescribing conditions for the exemption;
Then Section 44(1) says:
44.1 (1) It is a condition of the driver’s licence of every novice driver that his or her blood alcohol concentration level be zero while he or she is driving a motor vehicle on a highway. 2009, c. 5, s. 14.
Young drivers
(2) It is a condition of the driver’s licence of every young driver that his or her blood alcohol concentration level be zero while he or she is driving a motor vehicle on a highway. 2009, c. 5, s. 14.
Penalty, novice drivers
(3) Every novice driver who contravenes the condition of his or her driver’s licence imposed under subsection (1) is guilty of an offence and on conviction is liable to a fine of not less than $60 and not more than $500. 2009, c. 5, s. 14.
Same
(4) If a novice driver is convicted of an offence under subsection (3), the Registrar may suspend, cancel or change his or her driver’s licence in accordance with the regulations. 2009, c. 5, s. 14.
Same, young drivers
(5) Every young driver who contravenes the condition of his or her driver’s licence imposed under subsection (2) is guilty of an offence and on conviction is liable to a fine of not less than $60 and not more than $500 and his or her driver’s licence is thereupon suspended for 30 days. 2009, c. 5, s. 14.
Intent of suspension
(6) The suspension of a licence under this section is intended to ensure that novice drivers and young drivers acquire experience and develop or improve safe driving skills in controlled conditions and to safeguard the licensee and the public and does not constitute an alternative to any proceeding or penalty arising from the same circumstances or around the same time. 2009, c. 5, s. 14.
Regulations
(7) The Lieutenant Governor in Council may make regulations governing the suspension or cancellation of drivers’ licences of novice drivers or the change in respect of their class for the purpose of subsection (4). 2009, c. 5, s. 14.
Definitions
(8) In this section,
“driver” includes a person who has care or control of a motor vehicle; (“conducteur”)
“driver’s licence” includes a motorized snow vehicle operator’s licence and a driver’s licence issued by any other jurisdiction; (“permis de conduire”)
“motor vehicle” includes a motorized snow vehicle; (“véhicule automobile”)
“novice driver” has the meaning prescribed by the regulations made under section 57.1; (“conducteur débutant”)
“young driver” means a driver who is under 22 years old. (“jeune conducteur”) 2009, c. 5, s. 14.
You will note it says DRIVER'S LICENCE will be suspended it does NOT say that CLASS OF LICENCE will be suspended. your driver's licence covers ALL classes that you hold.
Also note that section 44(1) says a novice driver shall have zero alcohol in their blood while driving a MOTOR VEHICLE on a highway. It does NOT distinguish the class of vehicle for which they hold the novice licence class. Therefore, reading that section if you hold a M1, M2, G1, or G2 regardless of what type of motor vehicle your operating, you MUST have a Zero BAC
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