Drivers Licenses Regulations, P.E.I. Reg. EC550/02

                         PLEASE NOTE
This document, prepared by the Legislative Counsel Office, is an office
consolidation of this regulation, current to February 1, 2004. 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 to determine the authoritative text of these regulations.

For more information concerning the history of these regulations, please see
the Table of Regulations.

If you find any errors or omissions in this consolidation, please notify the
Legislative Counsel Office at (902) 368-4291 or by email to
pmporter@gov.pe.ca.
                           CHAPTER H-5

                      HIGHWAY TRAFFIC ACT

               DRIVER'S LICENSES REGULATIONS

Pursuant to section 69 of the Highway Traffic Act R.S.P.E.I. 1988, Cap.
H-5, Council made the following regulations:

1. The following classes of driver's licenses are prescribed and, subject      Classes of licenses
to the Act and these regulations, the holder of a driver's license of one of
these classes is authorized to operate only the types of vehicles specified
below for that class:
     (a) Class 1 - authorizes a person to drive
        (i) any motor vehicle which the holder of a Class 3, 5, 8, and 9
        may operate,
        (ii) any truck-tractor,
        (iii) any truck-tractor towing a semi-trailer,
        (iv) any truck-tractor towing a semi-trailer and a trailer;
     (b) Class 2 - authorizes a person to drive
        (i) any motor vehicle which the holder of a Class 3, 4, 5, 8 and 9
        may operate,
        (ii) any bus with a capacity of more than 24 passengers, including
        a school bus;
     (c) Class 3 - authorizes a person to drive
        (i) any motor vehicle which the holder of a Class 5, 8, and 9 may
        operate,
        (ii) any motor vehicle exceeding 14,000 kg gross mass, but not
        including a truck-tractor towing a semi-trailer,
        (iii) any truck-trailer combination exceeding 14,000 kg gross
        mass,
        (iv) any truck tractor without a trailer,
        (v) any special mobile equipment;
     (d) Class 4 - authorizes a person to drive
        (i) any motor vehicle which the holder of a Class 5, 8 and 9 may
        operate,
        (ii) any ambulance,
        (iii) any taxi,
        (iv) any bus with a capacity of fewer than 25 passengers;
     (e) Class 5 - authorizes a person to drive
        (i) any motor vehicle which the holder of a Class 8 and 9 may
        operate,




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                                              Driver's Licenses Regulations


                             (ii) any motor vehicle not exceeding 14,000 kg gross mass, except
                             an ambulance, taxi, motorcycle, bus or a truck-tractor,
                             (iii) any motor vehicle not exceeding 14,000 kg gross mass
                             towing a vehicle which does not exceed the gross mass of 4,500
                             kg;
                         (f) Class 6 - authorizes a person to drive
                             (i) any motor vehicle which the holder of a Class 8 and 9 may
                             operate,
                             (ii) any motorcycle;
                         (g) Class 7 - authorizes a person to drive a motor vehicle requiring a
                         Class 5, 6 or 8 driver's license without holding such a license if the
                         person is receiving instruction in the operation of the motor vehicle
                         and is accompanied by another person who holds a valid driver's
                         license of the class required for the vehicle;
                         (h) Class 8 - authorizes a person to drive any moped;
                         (i) Class 9 - authorizes a person to drive any farm tractor.
                         (EC550/02)
Airbrakes            2. (1) No person shall operate on a highway a vehicle that is equipped
                     with airbrakes and that requires a class 1, 2, 3, 4 or 5 driver's license to
                     operate unless the person holds a valid driver's license that is endorsed
                     with the letter "A" by the Registrar of the class required for the vehicle.
School buses           (2) No person shall operate a school bus unless the person holds a
                     Class 2 driver's license that was issued to the person on compliance with
                     the requirements of clause 3(1)(d).
Instruction permit     (3) A Class 7 driver's license is deemed, for the purposes of these
                     regulations, to be an instruction permit referred to in section 82 of the
                     Act. (EC550/02)
Age requirements     3. (1) Every applicant for a driver's license shall
                          (a) be at least 18 years of age, subject to clause (d), when applying
                          for any of the following classes of driver's license:
                             (i) Class 1,
                             (ii) Class 2,
                             (iii) Class 3,
                             (iv) Class 4,
                             (v) Class 7;
                          (b) be at least 16 years of age, subject to clause 82(1)(b) of the Act,
                          when applying for any of the following classes of driver's license:
                             (i) Class 5,
                             (ii) Class 6,
                             (iii) Class 7,
                             (iv) Class 8;



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                         Driver's Licenses Regulations


    (c) be at least 14 years of age when applying for a Class 9 driver's
    license; or
    (d) be at least 21 years of age when applying to operate a school bus
    under a Class 2 driver's license and have held a valid driver's
    license of any class for at least five years preceding the application.
  (2) Every applicant for a driver's license shall be tested in a motor       Test
vehicle which
    (a) is appropriate to the class of driver's license for which an
    application has been made; and
    (b) has been approved by the Registrar.
   (3) The Registrar shall not issue a Class 1, 2, 3, 4, 5, 6 or 8 driver's   Requirements for
license to any applicant who holds a Class 7 license unless the driver        license

applicant
     (a) has completed
        (i) the Novice Driver Course, or
        (ii) a driver education course recognized by the Registrar; and
     (b) has complied with the medical and vision reporting cycles and
     meets the medical standards for Class 1, 2, 3 and 4 as prescribed by
     the most recent edition of the manual, Medical Standards for
     Drivers, published by the Canadian Council of Motor Transport
     Administrators.
  (4) The Registrar may waive any of the medical standards pertaining to      Waiver of standards
a particular applicant for any class of driver's license where
    (a) immediately preceding October 1, 1985, the applicant held an
    operator's license or a chauffeur's license that authorized the
    applicant to drive a motor vehicle that now requires the class of
    driver's license for which the application is made;
    (b) the Registrar is satisfied that an applicant would suffer a
    hardship if denied a particular class of driver's license because of a
    failure to meet a prescribed standard; and
    (c) the applicant presents evidence satisfactory to the Registrar that
    the applicant can safely drive a motor vehicle that requires the class
    of driver's license for which the application has been made.
    (EC550/02)
4. The holder of a Class 7 driver's license may drive                         Conditions applying
    (a) a motor vehicle requiring a class 5 driver's license on a highway     to Class 7 driver's
                                                                              license
    if the holder of a Class 1, 2, 3, 4, or 5 driver's license, as the case
    may be, is occupying a seat beside the holder of the Class 7 driver's
    license for the purpose of giving instruction in driving; or
    (b) a motorcycle or moped on a highway if the holder of a Class 6
    driver's license is giving instruction in driving the motorcycle or



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                                                Driver's Licenses Regulations


                           moped and has the holder of the Class 7 driver's license under direct
                           observation and supervision, and
                             (i) the motorcycle or moped is only driven between sunrise and
                             sunset,
                             (ii) no passenger is carried on the motorcycle or moped, and
                             (iii) the motorcycle or moped is driven only within a 30 km radius
                             of the residence of the holder of the Class 7 driver's license.
                             (EC550/02)
Conditions applying    5. The holder of a Class 5 driver's license may drive a motor vehicle
to Class 5 driver's    requiring a Class 1, 2, 3 or 4 driver's license on a highway if a holder of
license
                       a Class 1, 2, 3, or 4 driver's license, as the case may be, is occupying a
                       seat beside the holder of the Class 5 driver's license for the purpose of
                       giving instruction in driving. (EC550/02)
Out-of-province        6. An applicant for a Class 1, 2, 3, 4, 5, 6, or 7 driver's license who holds
license                a valid driver's license issued by another province, state, territory or
                       country to drive a motor vehicle that requires the class of driver's license
                       for which the application is made may be issued a license of the relevant
                       class by the Registrar. (EC550/02)
Newly licensed         7. The Registrar may not issue a Class 1, 2, 3 or 4 driver's license to an
driver                 applicant who is deemed to be a newly licensed driver under subsection
                       1(2) of the Demerit Point System Regulations made under the Act.
                       (EC550/02)
Exemption to           8. The following persons, if issued a Class 5 driver's license, do not
license restrictions   require a license of a different class to operate vehicles which ordinarily
                       may only be operated by the holder of the license of a different class:
                           (a) any peace officer operating a motor vehicle in the performance of
                           the peace officer's duty;
                           (b) any examiner appointed under the Act for the purpose of
                           examining persons;
                           (c) any employee or agent of a licensed dealer operating a motor
                           vehicle for the purpose of demonstration;
                           (d) any licensed mechanic in the performance of the mechanic's
                           duty;
                           (e) any other person authorized by the Registrar. (EC550/02)
Transitional           9. A driver's license issued in the three years preceding the coming into
provision              force of these regulations is deemed, on the coming into force of these
                       regulations,
                           (a) to be a valid driver's license of the appropriate class prescribed
                           by these regulations;




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Updated 2002               Highway Traffic Act                 Cap. H-5   5
                       Driver's Licenses Regulations


    (b) to continue in force, subject to clause (c), unless cancelled,
    suspended or otherwise invalidated in accordance with the Act and
    these regulations; and
    (c) to expire, subject to clause (b), on the date indicated on the
    driver's license. (EC550/02)




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