PART IV LICENCES
Driving instructors shall have zero blood alcohol concentration
58.0.1 (1) Every driving instructor shall have a blood alcohol concentration of zero, as indicated by a provincially approved screening device, while providing a prescribed class of driving instruction for compensation in a motor vehicle on a highway. 2019, c. 8, Sched. 1, s. 22. Driving instructors shall have zero presence of drug (2) No driving instructor shall have a drug in his or her body, as indicated by approved drug screening equipment, while providing a prescribed class of driving instruction for compensation in a motor vehicle on a highway. 2019, c. 8, Sched. 1, s. 22. Exception (3) Subsection (2) does not apply where a police officer is satisfied that the driving instructor is legally authorized to use a drug or drugs for medical purposes, and has that drug or drugs in his or her body, as indicated by approved drug screening equipment. 2019, c. 8, Sched. 1, s. 22. Testing — alcohol (4) Where a driving instructor is providing a prescribed class of driving instruction for compensation in a motor vehicle on a highway and the motor vehicle has been brought to a stop by a police officer under the authority of this Act, and the police officer reasonably suspects that the driving instructor has alcohol in his or her body, the police officer may, for the purposes of determining whether the driving instructor is in compliance with this section, demand that the driving instructor provide forthwith a sample of breath into a provincially approved screening device, and the driving instructor shall provide a suitable sample. 2019, c. 8, Sched. 1, s. 22. Opportunity for second analysis (5) Where testing under subsection (4) indicates the driving instructor has alcohol in his or her body, the driving instructor may require that a second analysis be performed in accordance with the requirements set out in subsections 48.2 (3), (3.1), (3.2), (4) and (5), with any necessary modifications. 2019, c. 8, Sched. 1, s. 22. Testing — drugs (6) Where a driving instructor is providing a prescribed class of driving instruction for compensation in a motor vehicle on a highway and the motor vehicle has been brought to a stop by a police officer under the authority of this Act, and the police officer reasonably suspects that the driving instructor has a drug or drugs in his or her body, the police officer may, for the purposes of determining whether the driving instructor is in compliance with this section, demand that the driving instructor provide forthwith a sample of oral fluid for analysis by approved drug screening equipment, and the driving instructor shall provide a suitable sample. 2019, c. 8, Sched. 1, s. 22. Definitions (7) In this section, “approved drug screening equipment” has the same meaning as in section 44.2; (“matériel de détection des drogues approuvé”) “driving instructor” means an individual licensed as a driving instructor under section 58, and includes a driving instructor who occupies any seating position within a motor vehicle; (“moniteur de conduite automobile”) “provincially approved screening device” has the same meaning as in subsection 48.2.1 (22). (“appareil de détection approuvé par la province”) 2019, c. 8, Sched. 1, s. 22. Section Amendments with date in force (d/m/y) 2019, c. 8, Sched. 1, s. 22 - 01/01/2021 Driving schools