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Nighttime Driving Exemption Regulations

made under subsection 70A(6) and Section 304 of the

Motor Vehicle Act

R.S.N.S. 1989, c. 293

O.I.C. 1999-488 (October 13, 1999), N.S. Reg. 100/99

as amended to O.I.C. 2015-96 (March 31, 2015, effective June 1, 2015), N.S. Reg. 128/2015


1     These regulations may be cited as the Nighttime Driving Exemption Regulations.


2     A newly licensed driver may apply for an exemption from the requirements of clause 70A(5)(c) of the Act subject to the following conditions:


                (a)    the application shall be made to the Department on a form prescribed by the Department;


                (b)    the application must be signed by the applicant’s employer and must indicate that the applicant is required to drive for work purposes between midnight and 5 a.m.; and


                (c)    if the applicant is under age 18, the application must be signed by the applicant’s parent or legal guardian to indicate that person’s consent to the application.


3     The applicant shall pay an application fee of $33.10 to the Department.

Section 3 amended: O.I.C. 2015-96, N.S. Reg. 128/2015.


4     A newly licensed driver who has been granted an exemption pursuant to these regulations may operate a vehicle between midnight and 5 a.m. subject to one or more of the following conditions imposed by the Department:


                (a)    there shall be no passengers in the vehicle;


                (b)    proof of the exemption must be carried with the newly licensed driver’s driver’s license;


                (c)    proof of the exemption must be displayed on the demand of a peace officer;


                (d)    the newly licensed driver must drive the most direct route between the newly licensed driver’s residence and workplace.


5     An exemption issued under these regulations may be cancelled by the Registrar.