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' I S ? t / 9 3 3 9 3 3 SEP 20 95 D 1 7 3 1 5 Pictou Landing First Nation Traffic By-law By-law No. 1999-14 of the Pictou Landing Band A By-law for the Regulation of Traffic _______________day o f__________________ 19_______ . WHEREAS the Council of Pictou Landing Band desires to make a by-law governing the regulation o f traffic; AND WHEREAS the Council o f the Pictou Landing Band is empowered to make such by-law pursuant to paragraphs 81(l)(b), (q) and (r) of the Indian Act: AND WHEREAS it is considered to be expedient and necessary for the safety and convenience o f the inhabitants o f the Pictou Landing Band to regulate traffic on the reserve; THEREFORE the Council o f the Pictou Landing Band hereby makes the following by-law; § Short Title 1. This by-law may be cited as the Pictou Landing Band Traffic By-law No.___ . § Interpretation 2. In this by-law, “Access Roads ” means a driveway (a) that is situated on leased land, on land that is subject to a certificate o f possession or a certificate o f occupation, or on land that is otherwise in private occupation; and (b) that leads from a double road or reserve road and is used to provide access from such road to such land, and in respect o f which no invitation to pass has been extended to the general public by the person in possession or occupation thereof; “ Administrator ”means the person appointed by the Council pursuant to section 4 to act as Administrator of this by-law; 1
"Band" means the Pictou Landing Band; "Com m ission” means the Pictou Landing Band Traffic Commission, appointed pursuant to section 3; "Council” means the Council o f the Pictou Landing Band; “ Highway ”has the same meaning as defined in the Motor Vehicle Act o f Nova Scotia; "Motor Vehicle ”means a vehicle in the operation o f which, on a highway requires a licence or permit under the Motor Vehicle Act o f Nova Scotia; "Officer m” eans any police officer, police constable or other person charged with the duty to preserve and maintain the public peace, and a by-law enforcement officer or any other person appointed by the Council for the purpose o f maintaining law and order; "Operator’s License ”means a license to operate a motor vehicle issued and accepted as valid under the Motor Vehicle Act of Nova Scotia; "Reserve ” means the reserve o f Pictou Landing Band and includes the Bands Reserve IR 24G, IR 37, and IR 24 Pictou Landing; "Reserve Road” means a road or other road situated on the reserve which is designed and intended for, or used for, the passage of vehicles; “Traffic Control Device ” means any sign, marker or mechanical or electrical device designed for the purpose of regulating traffic; “ Vehicle” means a device by which a person or thing is or may be transported or drawn, other than a device designed to be moved by human power alone. § Commission 3. (1) There shall be a Pictou Landing Band Traffic Commission (P.L.B.T.C.), consisting of three members o f the Band, who shall be appointed by the Council by resolution. (2) The Commission may: (a) designate locations on or adjacent ot a reserve road at which traffic control devices shall be erected; (b) designate speed limits for reserve roads or portions thereof; 2
(c) designate parking areas on or adjacent to reserve roads, and areas in which parking is prohibited; (d) designate areas of reserve lands to be reserve roads; and (e) perform such other functions as are set out for it in this by-law. (3) A copy o f any designation made pursuant to this by-law shall be posted in the Band Council office, and may be appealed to the Council by any resident o f the reserve by filing a Notice of Appeal with the Administrator within thirty days after the designation was first posted. (4) A designation comes into effect thirty days after the day it was first posted pursuant to subsection (3), or, if appealed, seven days after the day a notice was posted in the Band Council office advising that the designation has been confirmed by the Council. (5) The Council may, of its own initiative, and at any time, revoke any designation. § Administrator 4. (1) The Council shall, by resolution, appoint an Administrator o f the Pictou Landing Band Traffic By-law. (2) The Council may, in the resolution, provide for reasonable renumeration to be paid to the Administrator. (3) The Administrator shall perform such functions as are imposed by this by-law or are directed by Commission, and shall report to the Commission on his activities in respect of the administration o f this by-law. § License 5. No person shall operate a motor vehicle on a reseve road unless he holds a subsisting operator’s license of a class appropriate to the category o f motor vehicle operated. § Inaatams 6. No person shall operate a motor vehicle on a reserve road unless a valid insurance policy has been issued for the motor vehicle, such as would be required by the [Motor Vehicle Act of Nova Scotia] to operate the motor vehicle on a highway. § Posses io n of License and Proof of Insurance 7. (1) A person shall have in his possession at all times while operating a motor vehicle on a reserve road: 3
(a) his operator’s license; (b) the certificate of registration of the motor vehicle; and (c) proof o f a valid insurance policy for the motor vehicle. (2) Every person who is in possession or control of a motor vehicle shall produce or exhibit his operator’s licence, registration and proof o f motor vehicle insurance upon being requested by an officer to do so. § Speed Limits 8. (1) The speed limit for a reserve road shall be 40 kilometres per hour, except where otherwise designated by the Commission and marked on a traffic control device erected on the reserve road. (2) No person shall operate a vehicle on a reserve road at a rate o f speed in excess o f the speed limit for that reserve road. § Traffic Control Pevices 9. (1) The Administrator shall erect traffic control devices at locations designated by the Commission. (2) On every sign erected by the Administrator there shall be placed in the lower right hand comer the words «by authority of the P.L.B.T.C.*. (3) The operator of a vehicle shall obey all traffic control devices erected pursuant to this by-law, except where otherwise directed by an officer or by a person authorized by the Commission or the Administrator to direct traffic. (4) No person shall remove, attempt to remove, deface, destroy or otherwise interfere with any traffic control device erected in accordance with this by law. § Parking 10. (1) No person shall park a vehicle in a location where a traffic control device indicates that parking is prohibited. (2) Notwithstanding that the Commission has not prohibited parking in a particular location, no person shall park a vehicle on a reserve road unless there is sufficient room to pass and there is a clear view o f the parked vehicle for a distance o f 60 metres in either direction along the road. § Weight Restrictiona 11. (1) The Commission may designate weight restrictions for vehicles using 4
reserve roads. (2) The Administrator may issue temporary permits allowing vehicles exceeding weight restrictions to use reserve roads where the circumstances are urgent and the Administrator is of the opinion that the use o f the vehicle granted the temporary permit will not damage the reserve road. (3) An appeal lies with the Commission from a decision o f the Administrator refusing an application for a temporary permit. (4) No person shall operate a vehicle on a reserve road the weight o f which, including the load carried, is more than the maximum weight designated for that vehicle on the reserve road and posted by a traffic control device on the reserve road. § Rules of the Road 12. (1) A person shall not operate a vehicle on a reserve road (a) without due care and attention; (b) without reasonable care and consideration for other persons on the reserve road; or (c) at a speed that is excessive relative to road, traffic, visibility and weather conditions. (2) The operator o f a vehicle shall keep to the right hand half o f a reserve road, except (a) when overtaking and passing a vehicle proceeding in the same direction; (b) when the right hand half of the reserve road is closed for traffic while under construction or repairs; or (c) where necessary because of the operation o f road grading or snow removing equipment. (3) The operator of a vehicle on a reserve road shall not cause or permit the vehicle to follow another vehicle more closely than is reasonable and prudent, having regard to the speed o f the vehicles and the amount and nature of the traffic on, and the condition of, the road. (4) The operator o f a vehicle on a reserve road shall not pass or attempt to pass another vehicle travelling in the same direction (a) when proceeding uphill; 5
(b) when on a curve; or (c) when approaching within 30 metres of another road or a railway crossing. (5) The operator o f a vehicle on a reserve road shall, before turning the vehicle, signal his intention to do so by giving the signal in sufficient time to provide reasonable warning to other persons. (6) Where a flagman is stationed, or a barricade or sign is erected, on a reserve road to direct traffic in connection with any construction or other work on the road or adjacent to the road, the operator o f a vehicle shall obey the directions given by the flagman or, if none, by the barricades or signs. (7) The operator of a vehicle about to enter a reserve road from an access road shall yield the right o f way to traffic on the reserve road being entered upon, unless a traffic control device otherwise directs. § Duties of the O perator 13 (1) The operator of a vehicle on a reserve road must bring the vehicle to astop when ordered to do so by an officer. (2) The operator or any other person in charge o f a vehicle that is directly or indirectly involved in an accident on a reserve road shall (a) remain at or immediately return to the scene o f the accident; (b) render all reasonable assistance to anyone injured in the accident; and (c) produce in writing to any other operator involved in the accident or to anyone sustaining loss or injury and, on request, to an officer (i) the name, address and telephone number o f the operator; (u) the name, address and telephone number o f the registered owner o f the vehicle; (iii) the licence number o f the vehicle; and (iv) particulars o f any insurance policy on the vehicle, or such o f that information as is requested. (3) The operator or any person in charge of a vehicle that collides with an unattended vehicle on a reserve road shall: (a) stop; and (b) locate and notify in writing the person in charge o f or the owner o f the 6
unattended vehicle, or leave a written notice on the vehicle containing (i) the name, address and telephone number o f the operator; (ii) the name, address and telephone number o f the registered owner; and (iii) the license number of the vehicle. (4) Where a vehicle that is operated on a reserve road causes injury to a person or damage to property exceeding $500.00, the operator thereof shall report the injury to an officer or to the Administrator, and shall provide a report in writing as requested. § School Ba g 14. (1) If a vehicle bearing the sign “SCHOOL BUS» and displaying alternatively flashing red lights is stopped on any reserve road, or on any access road, the operator o f a vehicle approaching the school bus from either direction on a reserve road shall stop before reaching the school bus. (2) The operators of school buses and o f vehicles in the vicinity o f a stopped school bus shall comply with the [Motor Vehicle Act o f Nova Scotia] respecting the operation o f school buses and vehicles in the vicinity o f school buses. Equipment 15. No person shall operate, on a reserve road, a vehicle that is in a dangerous or unsafe condition, or a motor vehicle that is not equipment as required by the [Motor Vehicle Act of Nova Scotia] for operation on highway. Imp-Qiindiag of Vehicles 16. (1) Where a vehicle is situated on or adjacent to a reserve road, whether attended or unattended, in such a position that (a) it interferes with the normal flow of traffic on the reserve road; (b) it interferes with the removal of snow from the reserve road; (c) it interferes with fire fighting or other emergency equipment; or (d) it is likely to be vandalized, or where the vehicle is parked contrary to this by-law, or apparently has been abandoned for a period o f 72 hours or longer, an officer may (i) remove the vehicle, or require the operator or person in charge o f the vehicle to remove it, to a position determined by the officer, or (ii) take the vehicle into custody and cause it to be removed to and stored in a suitable place. 7
(2) All costs and changes for the removal, care or storage o f a vehicle removed under subsection (1) shall be paid by the owner o f the vehicle. (3) The keeper of any repair shop, garage or storage place where the vehicle is stored is under no obligation to return the vehicle to the owner until the costs and charges referred to in subsection (2) have been paid. § Offence and Penalties 17. A person who contravenes, or who otherwise fails to comply with any provision o f this by-law, commits an offence and is liable on summary conviction to a fine not exceeding $1,000.00 or to imprisonment for a term not exceeding 30 days, or to both. TH IS B Y -L A W IS H EREBY made at a duly convened meeting o f the Council o f the Pictou Landing Band this / 7 A / ________ day of ^ /fc- ̂ ̂ 1 9 £Z__________ . Voting in favour of this by-law are the following members of the Council: i i h . (Member o f tHe Council) / ber o f the Council) (Member o f the Council) (Member o f the Council) being the majority of those members of the Council o f the Pictou Landing Band present at the aforesaid meeting o f the Council. The quorum o f the Council is 3 members. No. o f members o f the Band Council present at the meeting: ^ . I. C JLLLl& A- —x/ Chief/Councillor o f the Pictou Landing Band, do hereby certify that a true copy o f the following by-law was mailed to the Minister of Indian Affairs and Northern Development pursuant to subsection 8211) o f the Indian A c t this______ s y . £ / _______________day of o f 19 ___________ . 8
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