Reg. of Motor Vehicles v. Gaudet (2015), 437 N.B.R.(2d) 397 (CA);
437 R.N.-B.(2e) 397; 1140 A.P.R. 397
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[French language version follows English language version]
[La version française vient à la suite de la version anglaise]
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Temp. Cite: [2015] N.B.R.(2d) TBEd. JL.006
Renvoi temp.: [2015] N.B.R.(2d) TBEd. JL.006
Registrar of Motor Vehicles (appellant) v. Robert Gaudet (respondent)
(100-14-CA; 2015 NBCA 41)
Indexed As: Registrar of Motor Vehicles (N.B.) v. Gaudet
Répertorié: Registrar of Motor Vehicles (N.B.) v. Gaudet
New Brunswick Court of Appeal
Larlee, Deschênes and Quigg, JJ.A.
July 9, 2015.
Summary:
Résumé:
On November 4, 2013, Gaudet was found guilty of driving while suspended (Motor Vehicle Act, s. 345(1). His licence was revoked and his driving privilege suspended for one year. While serving that suspension, Gaudet re-offended under s. 345(1) and his driving privileges were suspended for two years. Gaudet applied under s. 313 of the Act for reinstatement of his driving privileges. Reinstatement was granted. The Registrar of Motor Vehicles appealed on the ground that, on a correct interpretation of ss. 313(2)(d), 314 and 319(9), the applications judge had no jurisdiction to reinstate Gaudet’s driving privileges.
The New Brunswick Court of Appeal allowed the appeal and reversed the reinstatement order. Section 313(2) permitted a reinstatement application only where the conviction was the first conviction for that offence in the three years preceding the suspension. Where Gaudet had more than one conviction for driving while suspended within that three year period, s. 313(2) precluded a reinstatement application.
Motor Vehicles – Topic 7383
Licensing and regulation of drivers – Licence – Restoration or reinstatement – Jurisdiction – On November 4, 2013, Gaudet was found guilty of driving while suspended (Motor Vehicle Act, s. 345(1) – His licence was revoked and his driving privilege suspended for one year – While serving that suspension, Gaudet re-offended under s. 345(1) and his driving privileges were suspended for two years – Gaudet applied under s. 313 of the Act for reinstatement of his driving privileges – Reinstatement was granted – The Registrar of Motor Vehicles appealed on the ground that, on a correct interpretation of ss. 313(2)(d), 314 and 319(9), the applications judge had no jurisdiction to reinstate Gaudet’s driving privileges – The New Brunswick Court of Appeal allowed the appeal and reversed the reinstatement order – Section 313(2) permitted a reinstatement application only where the conviction was the first conviction for that offence in the three years preceding the suspension – Where Gaudet had more than one conviction for driving while suspended within that three year period, s. 313(2) precluded a reinstatement application.
Cases Noticed:
Martin v. Registrar of Motor Vehicles (N.B.), [1989] N.B.J. No. 249 (Q.B.), refd to. [para. 5].
Counsel:
Avocats:
Jean-François G. Dupuis, for the appellant;
Robert Gaudet appeared in person.
This appeal was heard on March 25, 2015, before Larlee, Deschênes and Quigg, JJ.A., of the New Brunswick Court of Appeal.
On July 9, 2015, the following judgment was delivered in both official languages by the Court.
