This regulation defines “race,” “stunt,” and “marked departure from the lawful rate of speed” for the Highway Traffic Act.
c t HIGHWAY TRAFFIC ACT RACING AND STUNT DRIVING REGULATIONS PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this regulation, current to December 11, 2010. It is intended for information and reference purposes only. This document is not the official version of these regulations. The regulations and the amendments printed in the Royal Gazette should be consulted on the Prince Edward Island Government web site to determine the authoritative text of these regulations. For more information concerning the history of these regulations, please see the Table of Regulations on the Prince Edward Island Government web site (www.princeedwardisland.ca). If you find any errors or omissions in this consolidation, please contact: Legislative Counsel Office Tel: (902) 368-4292 Email: legislation@gov.pe.ca Highway Traffic Act Racing and Stunt Driving Regulations Section 1 c HIGHWAY TRAFFIC ACT Chapter H-5 RACING AND STUNT DRIVING REGULATIONS Pursuant to subsection 231(2) of the Highway Traffic Act R.S.P.E.I. 1988, Cap. H-5, Council made the following regulations: 1. Definitions (1) For the purposes of subsection 231(1) of the Act, “race” includes any activity where one or more persons engage in any of the following driving behaviours: (a) driving a motor vehicle at a rate of speed that is a marked departure from the lawful rate of speed and in a manner that indicates the driver of the motor vehicle is engaged in a competition with another motor vehicle; (b) driving a motor vehicle in a manner that indicates an intention to chase another motor vehicle; (c) driving a motor vehicle without due care and attention, without reasonable consideration for other persons using the highway or in a manner that may endanger any person by (i) driving a motor vehicle at a rate of speed that is a marked departure from the lawful rate of speed, (ii) outdistancing or attempting to outdistance one or more other motor vehicles while driving at a rate of speed that is a marked departure from the lawful rate of speed, or (iii) repeatedly changing lanes in close proximity to other vehicles so as to advance through the ordinary flow of traffic while driving at a rate of speed that is a marked departure from the lawful rate of speed. Definition, marked departure from the lawful rate of speed (2) In this section, “marked departure from the lawful rate of speed” means a rate of speed that may limit the ability of a driver of a motor vehicle to prudently adjust to changing circumstances on the highway. (EC637/10) 2. Definition, stunt For the purposes of subsection 231(1) of the Act, “stunt” includes any activity where one or more persons engage in any of the following driving behaviours: c t Updated December 11, 2010 Page 3 Section 2 Highway Traffic Act Racing and Stunt Driving Regulations (a) driving a motor vehicle, including a motorcycle but excluding a commercial motor vehicle using lift axles, in a manner to lift one or more of its tires from the surface of the highway; (b) driving a motor vehicle in a manner to cause some or all of its tires to lose traction with the surface of the highway while turning; (c) driving a motor vehicle in a manner to spin it or cause it to circle, without maintaining control over it; (d) driving a motor vehicle side by side with one or more other motor vehicles or in proximity to one or more other motor vehicles, where one of the motor vehicles occupies a lane of traffic or other portion of the highway, intended for use by oncoming traffic, for a period of time that is longer than is reasonably required to pass another motor vehicle; (e) driving a motor vehicle with a person in the trunk of the motor vehicle; (f) driving a motor vehicle from a position in the vehicle other than the designated driver’s seat; (g) permitting any person or thing to occupy the front seat of a motor vehicle in such a manner so as to impede the driver in the free and uninterrupted access to and use of the steering wheel, brakes and other equipment required to be used for the safe operation of the motor vehicle; (h) permitting any person to ride in a position in a motor vehicle that interferes with the driver’s control over the driving mechanism of the motor vehicle or that obstructs the driver’s clear vision; (i) permitting any person or thing to protrude from the inside of the motor vehicle to the outside through a window, moon roof, sun roof or other opening in the motor vehicle. (EC637/10) Page 4 Updated December 11, 2010 t c