1 The Driver Licensing and Suspension Regulations, 2006 being Chapter T-18.1 Reg 2 (effective July 1, 2006) as amended by Saskatchewan Regulations 2/2007, 72/2007, 78/2007, 101/2008, 42/2009, 22/2010, 118/2010, 23/2011, 28/2012, 44/2013, 41/2014, 56/2014, 20/2015, 45/2015, 1/2016, 38/2016, 48/2016, 73/2016, 37/2017 and 83/2017. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.
2 Table of Contents 1 Title 2 Interpretation PART I Title and Interpretation PART II Driving Authority and Restrictions 3 Class 1 driver s licence 4 Class 2 driver s licence 5 Class 3 driver s licence 6 Class 4 driver s licence 7 Class 5 driver s licence 8 Holder of European driver permit may operate class 5 motor vehicles 9 Class 7 driver s licence 10 Classes for snowmobiles 11 Other restrictions 11.1 No driver s licence required 12 Restrictions on holders of class 7 driver s licences 13 Eligibility for class 5 driver s licence 14 Eligibility for class 5 driver s licence with a novice 2 restriction 15 Eligibility for class 5 driver s licence with a novice 1 restriction 16 Eligibility for class 7 driver s licence 17 Limits on holders of class 5 driver s licence with novice 1 restriction 18 Limits on holders of class 5 driver s licence with novice 2 restriction 19 Requirements re endorsements 19.1 Conditions governing issue of replacement temporary driver s licence 19.2 Eligibility for a 6 endorsement 19.3 Eligibility for an M endorsement with novice 1 restriction 19.4 Eligibility for an M endorsement with a novice 2 restriction 19.5 Eligibility for an M endorsement 19.6 Limits on the holders of a 6 endorsement 19.7 Limits on the holders of an M endorsement with a novice 1 restriction 19.8 Limits on the holders of an M endorsement with a novice 2 restriction 20 Administrator s discretion 20.1 Repealed PART III Actions Concerning Driver s Licences 21 Prescribed devices, persons and forms 22 Interviews 22.1 Penalties for drivers 23 Penalties for new drivers 24 Appeals to board re administrative penalties 25 Reinstatement conditions - roadside suspensions 26 Reinstatement conditions - roadside suspensions 27 When certain drivers must complete DWI course 28 Repealed 29 Repealed 30 Automatic suspension 30.1 Repealed 31 Documents to be sent to administrator 32 Review of suspension 33 Report re suspension 34 Review by board of section 146.1, 146.2 or 150.1 prohibitions 35 Review by board of section 153 suspensions 36 Indefinite suspension offences 37 Application and waiver education or treatment 37.1 Suspension of commercial vehicle section 280.1 of the Act 37.2 Review of section 280.1 licence suspension 38 Repealed 39 Application ignition interlock program licence 39.1 Exemption for ignition interlock 40 Ignition interlock program 40.1 Calculation of ignition interlock period 40.2 Appeal to the board 40.3 Appeal re exemption 41 Prohibitions 42 Application - restricted licence 42.1 Transition ignition interlock PART IV Photo and Signature Exemptions 43 Interpretation of Part 44 Validity of driver s licence if photo exemption has been issued 44.1 Validity of driver s licence if signature exemption has been issued 45 Application for exemption 45.1 Qualification for photo exemption 46 Qualification for signature exemption 47 Issue of exemption 48 Term of exemption 49 Suspension or cancellation of exemption PART V Standard Field Sobriety Test 50 Prescribed field sobriety tests 51 Procedures for administering standard field sobriety test 52 Order of administering standard field sobriety test 53 Required training 54 Form with standard fee PART VI Repeal and Coming into Force 55 R.R.S. c.v-2.1 Reg 15 repealed 56 Coming into force Appendix Form Repealed. PART I PART II
3 CHAPTER The Traffic Safety Act PART I Title and Interpretation Title 1 These regulations may be cited as The Driver Licensing and Suspension Regulations, 2006. Interpretation 2(1) In these regulations: (a) Act means The Traffic Safety Act; (b) addictions counsellor means a person who: (i) is employed as an addictions counsellor by a regional health authority governed by The Regional Health Services Act; (ii) is working as an addictions counsellor under contract to a regional health authority governed by The Regional Health Services Act; or (iii) in the opinion of the administrator, is qualified to provide services as an addictions counsellor; (c) bus means a vehicle that has a seating capacity of more than 15 passengers; (d) child, with respect to an individual, includes: (i) another individual to whom the individual stands in the place of a parent; and (ii) another individual for whose support an individual was, at the relevant date for the purposes of these regulations, liable pursuant to any Act or Act of the Parliament of Canada; (e) class 1 motor vehicles means: (i) power unit and semi-trailer combinations; (ii) trucks, other than two-axle trucks that are registered as Class F, when towing a vehicle or vehicles where the combined gross weight of the vehicles being towed exceeds 4 600 kilograms; and (iii) buses or motor homes when towing a vehicle or vehicles where the combined gross weight of the vehicles being towed exceeds 4 600 kilograms;
4 (f) class 2 motor vehicles means buses that have a seating capacity of more than 24 passengers, when transporting passengers; (g) class 3 motor vehicles means: (i) trucks with more than two axles, other than trucks registered as Class F; (ii) trucks mentioned in subclause (i), when towing a vehicle or vehicles where the combined gross weight of the vehicles being towed does not exceed 4 600 kilograms; and (iii) power units with more than two axles, when not towing a trailer; (h) class 4 motor vehicles means: (i) buses that have a seating capacity of not more than 24 passengers, when transporting passengers; (ii) vehicles registered in Class PT; (iii) vehicles registered in Class PB or PC: (A) when transporting not more than 24 passengers for hire; and (B) when not used exclusively to transport passengers with a disability and any attendants to those passengers; (iv) ambulances, when being used for hire; (i) class 5 motor vehicles means: (i) vehicles with not more than two axles that are not class 1, 2, 3 or 4 motor vehicles or motorcycles; (ii) trucks with two axles registered as Class F, when towing any vehicle; (ii.1) three wheeled vehicles as defined in the Motor Vehicle Safety Regulations (Canada) C.R.C., c. 1038; (iii) trucks with two axles, when towing a vehicle or vehicles where the combined gross weight of the vehicles being towed does not exceed 4 600 kilograms; (iv) trucks with more than two axles registered as Class F; (v) trucks with more than two axles registered as Class F, when towing a vehicle or vehicles where the combined gross weight of the vehicles being towed does not exceed 4 600 kilograms; (vi) buses, when not carrying passengers; (vii) vehicles registered in Class PB or PC: (A) when transporting not more than 24 passengers for hire; and (B) when used exclusively to transport passengers with a disability and any attendants to those passengers;
5 (viii) motor homes with three axles; (ix) public service vehicles used in the operation of a taxi service, when not being used for hire; (x) ambulances, when not being used for hire; (xi) vehicles used by a law enforcement agency; and (xii) any vehicle registered as a school bus, with or without passengers; (i.1) class 7 motor vehicles means golf carts; (j) disability means, with respect to a person: (i) a loss of function of lower limbs that requires the person to use a wheelchair; (ii) a physical or mental impairment, of a permanent or temporary nature, that requires the person to use a mechanical aid, including a walker or crutches; (iii) a physical impairment, including the effects of aging, that causes the person to be unstable or to have difficulty when walking; or (iv) a physical restriction or condition that makes walking a further risk to the person s health; (k) driver training school means a driver training school that is the holder of a driver training school certificate issued pursuant to The Driver Training Regulations, 1986; (l) DWI course means a Driving Without Impairment course of studies approved by the administrator; (m) fees regulations means The Traffic Safety Act Fees Regulations; (m.1) golf cart means a golf cart as defined in The Registration Exemption and Reciprocity Regulations, 2014; (n) ignition interlock device means a device approved by the administrator that: (i) is installed in a vehicle; and (ii) is designed to measure the concentration of alcohol in the driver s blood; (o) ignition interlock program means a program that enables a driver to operate a motor vehicle with an ignition interlock device subject to the terms and conditions set out in sections 39 to 41; (p) immediate family, with respect to an individual, means the individual s: (i) spouse; (ii) child;
6 (iii) parent; (iv) brother or sister; or (v) grandmother or grandfather; (p.1) imposed restrictions means any restrictions placed or imposed by the administrator on a driver s licence pursuant to section 38 of the Act or these regulations; (p.2) learner s licence means a licence described in subsection 12(2); (q) medical report means a medical report described in clause 42(1)(b) of the Act; (r) new driver means a driver described in subsection (2); (s) parent means: (i) the mother or the father of a child; (ii) a person to whom custody of a child has been granted by a court of competent jurisdiction or by a custody agreement; or (iii) a person with whom a child resides and who stands in the place of a parent to the child; (t) passenger does not include: (i) the driver of a vehicle; (ii) a mechanic who is present for the purpose of testing or inspecting the vehicle; (iii) a driver examiner; or (iv) if the driver of a vehicle is a learner, a person licensed to drive the vehicle who is present for the purpose of supervising the learner; (t.1) power assisted bicycle means a power assisted bicycle as defined in the Motor Vehicle Safety Regulations, C.R.C., c.1038; (u) Repealed. 4 Jly 2014 SR 56/2014 s3. (v) registered, for the purposes of clauses (e), (g), (h) and (i) and subsection 11(2), means registered pursuant to the Act; (w) restricted driver s licence means a driver s licence that has been restricted by the administrator, and includes a driver s licence mentioned in subsection 39(1) or section 42; (x) seating capacity means the maximum number of adult persons that can be seated in a vehicle when all seats for passengers are occupied;
7 (y) spouse, with respect to an individual, means: (i) the legally married spouse of the individual; or (ii) if the individual does not have a spouse within the meaning of subclause (i), another individual with whom the individual is cohabiting and has cohabited as spouses: (A) continuously for a period of not less than two years; or (B) continuously for a period of not less than one year, if they are parents of a child. (2) For the purposes of these regulations and the Act, new driver means: (a) the holder of a class 7 driver s licence; (b) the holder of a class 1 to 5 driver s licence with a 6 endorsement, when operating a motorcycle; (c) the holder of a class 1 to 5 driver s licence with an M endorsement and a novice 1 or novice 2 restriction noted on the driver s licence, when operating a motorcycle; (d) the holder of a class 5 driver s licence with a novice 1 or novice 2 restriction noted on the driver s licence; (e) the holder of a restricted or provisional driver s licence; (f) the holder of a licence issued by another jurisdiction that is the equivalent of a driver s licence described in clauses (a) to (c); or (g) a person who does not hold a current driver s licence and has not held a current driver s licence in the past five years. (3) For the purposes of section 283 of the Act, a duly qualified medical practitioner or medical practitioner means: (a) a person who is registered pursuant to The Medical Profession Act, 1981, other than a person registered pursuant to section 42.1 of that Act, and whose registration is not under suspension; (b) a person who is a member in good standing of the Saskatchewan College of Psychologists pursuant to The Psychologists Act, 1997; (c) a registered nurse who is entitled, pursuant to The Registered Nurses Act, 1988, to practise in the nurse practitioner category; or (d) a person who is a member in good standing of the Saskatchewan Society of Occupational Therapists pursuant to The Occupational Therapists Act, 1997. 7 Jly 2006 ct-18.1 Reg 2 s2; 24 Aug 2007 SR 72/2007 s3; 7 Sep 2007 SR 78/2007 s3; 7 Nov 2008 SR 101/2008 s3; 18 May 2012 SR 28/2012 s3; 4 Jly 2014 SR 56/2014 s3; 17 Jne 2016 SR 38/2016 s3.
8 PART II Driving Authority and Restrictions Class 1 driver s licences 3 Subject to any imposed restrictions on a class 1 driver s licence, the holder of the class 1 driver s licence may operate: (a) classes 1, 2, 3, 4, 5 and 7 motor vehicles; and (b) any other vehicles that the holder of the driver s licence is entitled to operate by virtue of an endorsement placed by the administrator on the driver s licence, subject to the terms and conditions of the endorsement. 7 Sep 2007 SR 78/2007 s4; 4 Jly 2014 SR 56/2014 s4. Class 2 driver s licence 4 Subject to any imposed restrictions on a class 2 driver s licence, the holder of the class 2 driver s licence may operate: (a) classes 2, 3, 4, 5 and 7 motor vehicles; and (b) any other vehicles that the holder of the driver s licence is entitled to operate by virtue of an endorsement placed by the administrator on the driver s licence, subject to the terms and conditions of the endorsement. 7 Sep 2007 SR 78/2007 s4; 4 Jly 2014 SR 56/2014 s5. Class 3 driver s licence 5 Subject to any imposed restrictions on a class 3 driver s licence, the holder of the class 3 driver s licence may operate: (a) classes 3, 4, 5 and 7 motor vehicles; and (b) any other vehicles that the holder of the driver s licence is entitled to operate by virtue of an endorsement placed by the administrator on the driver s licence, subject to the terms and conditions of the endorsement. 7 Sep 2007 SR 78/2007 s4; 4 Jly 2014 SR 56/2014 s6. Class 4 driver s licence 6 Subject to any imposed restrictions on a class 4 driver s licence, the holder of the class 4 driver s licence may operate: (a) classes 4, 5 and 7 motor vehicles; and (b) any other vehicles that the holder of the driver s licence is entitled to operate by virtue of an endorsement placed by the administrator on the driver s licence, subject to the terms and conditions of the endorsement. 7 Sep 2007 SR 78/2007 s4; 4 Jly 2014 SR 56/2014 s7.
9 Class 5 driver s licence 7(1) Subject to any imposed restrictions on a class 5 driver s licence, the holder of the class 5 driver s licence may operate: (a) classes 5 and 7 motor vehicles; (b) an emergency vehicle mentioned in clause 238(1)(e) of the Act but only if the holder of the class 5 driver s licence has successfully completed a driving course approved by the administrator for the operation of emergency vehicles; and (c) any other vehicles that the holder of the driver s licence is entitled to operate by virtue of an endorsement placed by the administrator on the driver s licence, subject to the terms and conditions of the endorsement. (2) No class 5 driver s licence permits its holder to operate a vehicle that is transporting more than 12 passengers unless the holder is at least 18 years of age and the class 5 driver s licence does not have a novice 1 or novice 2 restriction noted on the driver s licence. 1 May 2009 SR 42/2009 s2; 4 Jly 2014 SR 56/2014 s8. Holder of European driver permit may operate class 5 motor vehicles 8(1) In this section, European driver permit means a valid driving permit that is: (a) issued to a person by a member state of the European Union; and (b) recognized by all member states of the European Union. (2) The holder of a European driver permit may operate class 5 motor vehicles. 7 Jly 2006 ct-18.1 Reg 2 s8. Class 7 driver s licence 9(1) Subject to subsection (1.1) and any imposed restrictions on a class 7 driver s licence, the holder of a class 7 driver s licence may operate: (a) a golf cart; (b) a class 5 motor vehicle as a learner; and (c) any other vehicles that the holder of the driver s licence is entitled to operate by virtue of an endorsement placed by the administrator on the driver s licence, subject to the terms and conditions of the endorsement. (1.1) The holder of a class 7 driver s licence may not operate a three wheeled vehicle. (2) No holder of a class 7 driver s licence shall: (a) transport passengers in a vehicle other than immediate family members between the hours of 12:00 a.m. and 5:00 a.m. each day;
10 (b) when operating a vehicle with a rear seat, transport any passenger in the front seat other than the accompanying and supervising driver; or (c) transport more passengers than there are seat belts in the vehicle. (3) If there is no seat belt assembly in the vehicle, the holder of a class 7 driver s licence shall not transport more than three passengers in the vehicle in addition to the accompanying and supervising driver. (4) A class 7 driver s licence held by a person who is 15 years of age remains valid only if the person is enrolled or registered in or has completed a high school driver training program that is under the direction of the Government of Saskatchewan. 4 Jly 2014 SR 56/2014 s9; 17 Jne 2016 SR 38/2016 s4. Classes for snowmobiles 10(1) In this section: (a) accompanied and supervised means accompanied and supervised as defined in The Snowmobile Regulations, 1998; (b) snowmobile means a snowmobile as defined in The Snowmobile Act. (2) The holder of a class 1, 2, 3, 4 or 5 driver s licence may operate a snowmobile. (3) Subject to The Snowmobile Act and subsection (4), the holder of a class 7 driver s licence may operate a snowmobile that is required to be registered but only if the holder of the class 7 driver s licence is: (a) accompanied on the snowmobile by the holder of a class 1, 2, 3, 4 or 5 driver s licence; or (b) accompanied and supervised by the holder of a class 1, 2, 3, 4, or 5 driver s licence operating another snowmobile. (4) For the purposes of accompanying or supervising the holder of a class 7 driver s licence on a snowmobile, the holder of a class 5 driver s licence must not be the holder of a class 5 driver s licence with a novice 1 or novice 2 restriction. 7 Jly 2006 ct-18.1 Reg 2 s10. Other restrictions 11(1) Subject to subsection (2), no driver s licence permits its holder to operate a motor vehicle that is equipped with air brakes unless the licence bears the endorsement A. (2) Subsection (1) does not apply to a person operating a class 5 motor vehicle that is registered as Class F. (3) Repealed. 4 Jly 2014 SR 56/2014 s10.
11 (4) No driver s licence permits its holder to operate a Class PS motor vehicle or a Class PB school bus when it is being used for the transportation of more than 15 students to and from a school unless the licence bears a school bus endorsement. (5) Repealed. 4 Jly 2014 SR 56/2014 s10. (5.1) Subject to subclause 2(1)(i)(ii), no Class 2, 3, 4, 5 or 7 driver s licence permits its holder operate a truck that is towing a vehicle or combination of vehicles where the combined gross weight of the vehicles being towed is in excess of 4 600 kilograms unless the licence bears an endorsement permitting the holder of the licence to do so. (6) A class 7 licence held by a person who is 15 years of age remains valid only if the person is enrolled in or has completed a high school driver training program that is under the direction of the Government of Saskatchewan. (7) Repealed. 4 Jly 2014 SR 56/2014 s10. (8) No person is eligible to be issued a class 1, 2, 3 or 4 driver s licence unless he or she is at least 18 years of age. (9) No new driver is eligible to be issued: (a) a class 1, 2, 3, or 4 driver s licence; or (b) a class 1, 2, 3 or 4 endorsement on his or her driver s licence. (10) The administrator shall not provide the following persons with a school bus endorsement: (a) a new driver; (b) a person whose habits or conduct, in the opinion of the administrator, make that person s operation of a school bus a source of danger to the public; (c) a person under the age of 18 years. (11) No driver s licence permits its holder to operate a motorcycle unless a 6 or an M endorsement has been placed on the driver s licence. 7 Jly 2006 ct-18.1 Reg 2 s11; 24 Aug 2007 SR 72/2007 s4; 7 Nov 2008 SR 101/2008 s4; 20 May 2011 SR 23/2011 s3; 6 Jne 2014 SR 41/2014 s3; 4 Jly 2014 SR 56/2014 s10; 5 May 2017 SR 37/2017 s3. No driver s licence required 11.1 Subject to the vehicles meeting any other equipment or operating requirements that are set out in the Act or the regulations made or continued pursuant to the Act, the following vehicles may be operated on a highway and the driver of any of those vehicles is exempt from the requirement to hold a driver s licence: (a) a fire engine or a fire department apparatus, including a command bus, water truck or any other vehicle used to support firefighting at the scene of a fire; (b) a self propelled farm implement;
12 (c) a power assisted bicycle; (d) a special mobile machine; (e) a motor vehicle being towed for sale, storage or repair; (f) a vehicle that crosses the highway if: (i) the driver stops the vehicle before entering onto the highway; (ii) the driver yields the right of way to all other vehicles and persons on the highway; and (iii) the vehicle crosses the highway by the most direct route; (g) a wheelchair. 4 Jly 2014 SR 56/2014 s11. Restrictions on holders of class 7 driver s licences 12(1) For the purposes of section 32.1 of the Act and this section, accompanied and supervised means the driver is accompanied by another person who: (a) is a qualified and authorized driver who meets the qualifications set out in clause (3)(a), subsection (4) or subsection (5) as the circumstances require; (b) is at all times conscious and capable of lawfully assuming control of the vehicle; and (c) occupies the seat that: (i) is nearest the person holding the learner s licence; and (ii) is, other than the driver s seat, nearest to the controls of the vehicle. (2) The following persons are deemed to be holders of a learner s licence: (a) the holder of a class 7 driver s licence while operating a motor vehicle other than a golf cart; (b) the holder of a class 5 driver s licence bearing an endorsement 1, 2, 3 or 4 who is operating a class 1, 2, 3 or 4 vehicle; (c) the holder of a class 4 driver s licence bearing an endorsement 1, 2 or 3 who is operating a class 1, 2 or 3 vehicle; (d) the holder of a class 3 driver s licence bearing an endorsement 1 or 2 who is operating a class 1 or 2 vehicle; (e) the holder of a class 2 driver s licence bearing an endorsement 1 who is operating a class 1 vehicle; (f) a person operating a motor vehicle equipped with air brakes if that person is not the holder of a valid driver s licence with an A endorsement. (3) The following persons: (a) may accompany and supervise a class 7 driver: (i) the holder of a valid class 1, 2, 3, 4 or 5 driver s licence who has held a driver s licence for at least 365 days in the preceding three years;
13 (ii) the holder of the equivalent of a class 5 or greater driver s licence, issued to that driver from another jurisdiction in Canada or the United States of America if that person has held a class 5 driver s licence or the equivalent driver s licence for at least 365 days in the preceding three years; (b) shall not accompany and supervise a class 7 driver: (i) the holder of a class 7 driver s licence; (ii) the holder of a class 5 driver s licence with a novice 1 or novice 2 restriction; (iii) a resident of another jurisdiction who holds the equivalent of a licence mentioned in subclause (i) or (ii). (4) The following persons may accompany and supervise the holder of a class 5 driver s licence bearing an endorsement 1, 2, 3 or 4 who is operating a class 1, 2, 3 or 4 vehicle: (a) the holder of a driver s licence who has held a driver s licence for 365 days in the preceding three years that permits that person to operate the class of motor vehicle being operated by the holder of a class 5 driver s licence bearing an endorsement 1, 2, 3 or 4 ; (b) the holder of the equivalent of a driver s licence that permits that person to operate the class of motor vehicle being operated by the class 5 driver bearing an endorsement 1, 2, 3 or 4 if that licence has been issued by another jurisdiction in Canada or the United States of America and that person has held that type of driver s licence for at least 365 days in the preceding three years. (5) A person with a class 1, 2, 3, 4 or 5 driver s licence with an A endorsement may accompany and supervise a driver without an A endorsement if the driver without the A endorsement is operating the class of motor vehicle that he or she is entitled to otherwise operate. 4 Jly 2014 SR 56/2014 s12. Eligibility for class 5 driver s licence 13(1) No new driver is eligible to be issued a class 5 driver s licence unless he or she: (a) is at least 16 years of age; (b) files with the administrator a medical report whenever requested by the administrator; and (c) has held a class 5 driver s licence with a novice 2 restriction for at least 365 days before being eligible for a class 5 driver s licence. (2) Subject to subsection (4), the following rules apply for the purpose of calculating when the holder of a class 5 driver s licence with a novice 2 restriction has held that licence for 365 days: (a) the first day of the holder s 365-day period is to be the day the holder applies for and receives a class 5 driver s licence with a novice 2 restriction;
14 (b) the calculation of the 365 days is to stop if, at any time during the period the holder holds the class 5 driver s licence with a novice 2 restriction, any of the following occurs: (i) the holder is determined by the administrator to be at least 50% at fault for an accident; (ii) the holder is convicted of an offence pursuant to the Act or a predecessor Act; (iii) the holder is convicted of an offence pursuant to section 220, 221 or 236, clause 249(1)(a), subsection 249(3) or (4), section 249.1, 249.2 or 249.3, subsection 249.4(1), (3) or (4), section 252, clause 253(1)(a) or (b), subsection 255(2) or (3) or subsection 259(4) of the Criminal Code committed by means of a motor vehicle; (iv) the holder is convicted of an offence pursuant to subsection 254(5) of the Criminal Code for failure or refusal to comply with a breath demand pursuant to section 254; (v) subject to subsection (5), the holder is disqualified from driving a motor vehicle on a highway, or the holder s driver s licence is suspended, pursuant to the Act or the regulations. (3) If the calculation of the 365-day period is stopped pursuant to subsection (2): (a) the holder is deemed not to have previously held a class 5 driver s licence with a novice 2 restriction; and (b) the calculation of the 365-day period must begin again with the first day of the holder s 365-day period being the day following the latest of the following: (i) the date of the holder s conviction; (ii) the date of the accident; and (iii) if the holder s driver s licence is subject to a suspension or the holder is disqualified from driving a motor vehicle on a highway, the date the driver s licence is reinstated or the period of disqualification ends. (4) The calculation of the holder s 365-day period is to be interrupted until the holder once again holds a valid driver s licence if any of the following circumstances occurs: (a) if the holder s driver licence is not suspended or the holder is not disqualified from driving a motor vehicle on a highway and the holder has failed to renew his or her driver s licence; (b) if the holder is prohibited from renewing his or her driver s licence pursuant to clause 41(e), (f), (g), (i), (j), (k), (l), (q), (r) or (s) or section 52 of the Act.
15 (5) If a holder s driver s licence is suspended pursuant to clause 41(h) or (n) or 48(2)(a), (a.1), (d), (e) or (f), subsection 52(2.1) or section 135 of the Act: (a) subsection (2) is not to apply to the calculation of the holder s 365-day period; and (b) calculation of the holder s 365-day period is to be interrupted until the holder once again holds a valid driver s licence. 7 Jly 2006 ct-18.1 Reg 2 s13; 20 May 2011 SR 23/2011 s5; 2 Apr 2015 SR 20/2015 s3. Eligibility for class 5 driver s licence with a novice 2 restriction 14(1) No person is eligible for a class 5 driver s licence with a novice 2 restriction unless he or she: (a) is at least 16 years of age; (b) files with the administrator a medical report whenever requested by the administrator; and (c) has held a valid class 5 driver s licence with a novice 1 restriction for at least 183 days before being eligible to apply for a class 5 driver s licence with a novice 2 restriction. (2) For the purposes of clause (1)(c), when calculating the number of days a holder has held a valid class 5 driver s licence with a novice 1 restriction, the administrator shall not include in the calculation any period during which: (a) the holder is disqualified from driving a motor vehicle on a highway, or the holder s driver s licence is suspended, pursuant to the Act or the regulations; (b) the holder is disqualified from driving a motor vehicle on a highway as a result of a conviction for an offence pursuant to sections 220, 221, 236, clause 249(1)(a), subsection 249(3) or (4), section 249.1, 249.2 or 249.3, subsection 249.4(1), (3) or (4), section 252, clause 253(1)(a) or (b), subsection 255(2) or (3) or subsection 259(4) of the Criminal Code committed by means of a motor vehicle; (b.1) the holder is disqualified from driving a motor vehicle on a highway because of a conviction for an offence pursuant to subsection 254(5) of the Criminal Code for failure or refusal to comply with a breath demand pursuant to section 254; or (c) the holder does not hold a valid driver s licence or has been refused renewal of his or her driver s licence. 7 Jly 2006 ct-18.1 Reg 2 s14; 20 May 2011 SR 23.2011 s6; 2 Apr 2015 SR 20/2015 s4.
16 Eligibility for class 5 driver s licence with a novice 1 restriction 15(1) No person is eligible for a class 5 driver s licence with a novice 1 restriction unless he or she: (a) is at least 16 years of age; (b) submits to the administrator evidence satisfactory to the administrator of his or her name and age; (c) if he or she is under 18 years of age and has not previously held a driver s licence, submits to the administrator the written consent of one of his or her parents; (d) files with the administrator a medical report whenever requested by the administrator; (e) has passed the vision, sign, road and written or oral tests determined by the administrator for a class 5 licence; (f) has held a valid class 7 driver s licence for at least 274 days before applying for a class 5 driver s licence with a novice 1 restriction; and (g) either: (i) has undergone and successfully completed a high school driver training program that is under the direction of the Government of Saskatchewan; or (ii) has received a minimum of six hours of in-car training and a minimum of six hours of classroom training by a driver instructor as defined in The Driver Training Regulations, 1986. (2) For the purposes of clause (1)(f), when calculating the number of days a driver has held a class 7 driver s licence, the administrator shall not include in the calculation any period during which: (a) the holder is disqualified from driving a motor vehicle on a highway, or the holder s driver s licence is suspended, pursuant to the Act or the regulations; (b) the holder is disqualified from driving a motor vehicle on a highway as a result of a conviction for an offence pursuant to sections 220, 221, 236, clause 249(1)(a), subsection 249(3) or (4), section 249.1, 249.2 or 249.3, subsection 249.4(1), (3) or (4), section 252, clause 253(1)(a) or (b), subsection 255(2) or (3) or subsection 259(4) of the Criminal Code committed by means of a motor vehicle; (b.1) the holder is disqualified from driving a motor vehicle on a highway because of a conviction for an offence pursuant to subsection 254(5) of the Criminal Code for failure or refusal to comply with a breath demand pursuant to section 254; or (c) the holder does not hold a valid driver s licence or has been refused renewal of his or her driver s licence. 7 Jly 2006 ct-18.1 Reg 2 s15; 20 May 2011 SR 23.2011 s7; 2 Apr 2015 SR 20/2015 s5.
17 Eligibility for class 7 driver s licence 16 No person is eligible for a class 7 driver s licence unless he or she: (a) is either: (i) at least 16 years of age; or (ii) at least 15 years of age and is enrolled in or has completed a high school driver training program that is under the direction of the Government of Saskatchewan; (b) if he or she is under 18 years of age and has not previously held a driver s licence, submits to the administrator the written consent of one of his or her parents; (c) files with the administrator a medical report whenever requested by the administrator; and (d) has passed the vision, sign, and written or oral tests determined by the administrator for a class 7 licence. 7 Jly 2006 ct-18.1 Reg 2 s16. Limits on holders of class 5 driver s licence with novice 1 restriction 17(1) Subject to subsection (2), the holder of a class 5 driver s licence with a novice 1 restriction shall not transport more than one passenger. (2) Subject to subsections (3) and (4), the holder of a class 5 driver s licence with a novice 1 restriction may transport: (a) more than one passenger if all passengers are members of the driver s immediate family; or (b) more than one passenger if he or she is transporting: (i) one passenger other than an immediate family member; and (ii) all other passengers are members of the driver s immediate family. (3) The holder of a class 5 driver s licence with a novice 1 restriction shall not transport more passengers than there are seat belts in the vehicle. (4) If there is no seat-belt assembly in the vehicle, the holder of a class 5 driver s licence with a novice 1 restriction shall not transport more than four passengers in the vehicle. 7 Jly 2006 ct-18.1 Reg 2 s17. Limits on holders of class 5 driver s licence with novice 2 restriction 18(1) The holder of a class 5 driver s licence with a novice 2 restriction shall not transport more passengers than there are seat belts. (2) If there is no seat-belt assembly in the vehicle, the holder of a class 5 driver s licence with a novice 2 restriction shall not transport more than four passengers in the vehicle. 7 Jly 2006 ct-18.1 Reg 2 s18.
18 Requirements re endorsements 19(1) Subject to these regulations, the administrator shall not endorse a driver s licence to authorize the driver to operate a particular type of motor vehicle unless the holder of the driver s licence: (a) passes the vision, sign, road and written or oral tests determined by the administrator for the endorsement being sought; (b) files with the administrator a medical report whenever requested by the administrator; and (c) is at least 16 years of age. (2) The administrator shall not provide a person with a school bus endorsement unless the person: (a) every five years passes the vision, sign, road and written or oral test determined by the administrator for school bus operations; and (b) when requested to do so by the administrator, files with the administrator a medical report as described in clause 42(1)(b) of the Act. 7 Jly 2006 ct-18.1 Reg 2 s19; 24 Aug 2007 SR 72/2007 s6. Conditions governing issue of replacement temporary driver s licence 19.1(1) In this section, new temporary driver s licence means a new temporary driver s licence that is issued to replace a temporary driver s licence that was issued pursuant to section 36 of the Act and that has been lost or destroyed. (2) A new temporary driver s licence is issued subject to the condition that it has the same expiry date as the temporary driver s licence it is replacing. 10 Dec 2010 SR 118/2010 s3. Eligibility for a 6 endorsement 19.2(1) No person is eligible to have a 6 endorsement placed on his or her driver s licence unless he or she: (a) subject to subsection (2), is at least 16 years of age; (b) passes the vision, sign and written or oral tests determined by the administrator for the endorsement being sought; (b.1) is the holder of a class 1, 2, 3, 4 or 5 driver s licence; (c) subject to subsection (1.1): (i) passes a basic skills and abilities test approved by the administrator; or (ii) completes a motorcycle training course acceptable to the administrator; and (d) files with the administrator a medical report whenever requested by the administrator to do so.
19 (1.1) If a person is unable, after three attempts, to successfully pass the basic skills and abilities test required pursuant to subclause (1)(c)(i), that person must complete a motorcycle training program approved by the administrator before he or she is eligible for a 6 endorsement. (2) No person who is less than 18 years of age is eligible to have a 6 endorsement placed on his or her driver s licence unless he or she submits to the administrator the written consent of one of his or her parents permitting the person to operate a motorcycle. (3) If a person who has a 6 endorsement placed on his or her driver s licence fails to obtain an M endorsement with a novice 1 restriction within 730 days after the date that the 6 endorsement was placed on the driver s licence: (a) the administrator shall cancel the 6 endorsement; and (b) if the person who had the 6 endorsement intends to obtain a new 6 endorsement, the person shall reapply to the administrator. (4) For the purposes calculating the number of days a person has had a 6 endorsement placed on his or her driver s licence, the administrator shall not include in the calculation any period during which: (a) the person is disqualified from driving a motor vehicle on a highway, the person s driver s licence is suspended or the person s entitlement to hold a 6 endorsement is suspended pursuant to the Act or these regulations; (b) the person is disqualified from driving a motor vehicle on a highway as a result of a conviction for an offence pursuant to sections 220, 221, 236, clause 249(1)(a), subsection 249(3) or (4), section 249.1, 249.2 or 249.3, subsection 249.4(1), (3) or (4), section 252, clause 253(1)(a) or (b), subsection 255(2) or (3) or subsection 259(4) of the Criminal Code committed by means of a motor vehicle; (c) the person is disqualified from driving a motor vehicle on a highway as a result of a conviction for an offence pursuant to subsection 254(5) of the Criminal Code for failure or refusal to comply with a breath demand pursuant to section 254; or (d) the person does not hold a valid driver s licence or has been refused renewal of his or her driver s licence. 20 May 2011 SR 23/2011 s8; 6 Jne 2014 SR 41/2014 s4; 2 Apr 2015 SR 20/2015 s6; 17 Jne 2016 SR 38/2016 s5. Eligibility for an M endorsement with novice 1 restriction 19.3(1) No person is eligible to have an M endorsement with a novice 1 restriction placed on his or her driver s licence unless he or she: (a) has passed the vision, sign, road and written or oral tests determined by the administrator for the endorsement being sought;
20 (a.1) is the holder of a class 1, 2, 3, 4 or 5 driver s licence; (b) files with the administrator a medical report whenever requested by the administrator to do so; and (c) has had a 6 endorsement placed on his or her driver s licence for at least 365 days. (2) For the purposes of clause (1)(c), the following rules apply for the purpose of calculating the number of days that a person has had a 6 endorsement placed on his or her driver s licence: (a) the first day of the person s 365-day period is to be the day the person applies for and receives the 6 endorsement; (b) the administrator shall not include in the calculation any period during which: (i) the person is disqualified from driving a motor vehicle on a highway pursuant to the Act or these regulations; (ii) the person s 6 endorsement is suspended pursuant to the Act or these regulations; (iii) the person is disqualified from driving a motor vehicle on a highway as a result of a conviction for an offence pursuant to sections 220, 221, 236, clause 249(1)(a), subsection 249(3) or (4), section 249.1, 249.2 or 249.3, subsection 249.4(1), (3) or (4), section 252, clause 253(1)(a) or (b), subsection 255(2) or (3) or subsection 259(4) of the Criminal Code committed by means of a motor vehicle; (iv) the person is disqualified from driving a motor vehicle on a highway as a result of a conviction for an offence pursuant to subsection 254(5) of the Criminal Code for failure or refusal to comply with a breath demand pursuant to section 254; or (v) the person does not hold a valid driver s licence or has been refused renewal of his or her driver s licence. 20 May 2011 SR 23/2011 s8; 2 Apr 2015 SR 20/2015 s7; 17 Jne 2016 SR 38/2016 s6. Eligibility for an M endorsement with a novice 2 restriction 19.4(1) No person is eligible to have an M endorsement with a novice 2 restriction placed on his or her driver s licence unless he or she: (a) files with the administrator a medical report whenever requested by the administrator to do so; and (a.1) is the holder of a class 1, 2, 3, 4 or 5 driver s licence; (b) has had an M endorsement with a novice 1 restriction placed on his or her driver s licence for at least 365 days.
21 (2) For the purposes of clause (1)(b), the following rules apply for the purpose of calculating the number of days that the person has had an M endorsement with a novice 1 restriction placed on his or her driver s licence: (a) the first day of the person s 365-day period is to be the day the person applies for and receives the M endorsement with a novice 1 restriction; (b) the calculation of the 365 days is to stop if, at any time during the period, any of the following occurs: (i) the person is determined by the administrator to be at least 50% at fault for an accident while operating a motorcycle; (ii) the person is convicted of an offence pursuant to the Act while operating a motorcycle; (iii) the person is convicted of an offence pursuant to section 220, 221 or 236, clause 249(1)(a), subsection 249(3) or (4), section 249.1, 249.2 or 249.3, subsection 249.4(1), (3) or (4), section 252, clause 253(1)(a) or (b), subsection 255(2) or (3) or subsection 259(4) of the Criminal Code committed by means of a motor vehicle; (iv) the person is convicted of an offence pursuant to subsection 254(5) of the Criminal Code for failure or refusal to comply with a breath demand pursuant to section 254; (v) subject to subsection (5), the person is disqualified from driving a motor vehicle on a highway, or the person s driver s licence is suspended, pursuant to the Act or these regulations. (3) If the calculation of the 365-day period is stopped pursuant to subsection (2): (a) the person is deemed not to have previously had an M endorsement with a novice 1 restriction placed on his or her driver s licence; and (b) the calculation of the 365-day period must begin again with the first day of the person s 365-day period being the day following the latest of the following: (i) the date of the person is convicted of the offence; (ii) the date that the person is determined to be at least 50% at fault for an accident; (iii) if the person s driver s licence is subject to a suspension or the person is disqualified from driving a motor vehicle on a highway, the date the driver s licence is reinstated or the period of disqualification ends; and (iv) if the person s M endorsement with a novice 1 restriction is subject to a suspension, the date the person s M endorsement with a novice 1 restriction is reinstated.
22 (4) The calculation of the person s 365-day period is to be interrupted until the person once again has a valid M endorsement with a novice 1 restriction if any of the following circumstances occurs: (a) the person s driver s licence is not suspended or the person is not disqualified from driving a motor vehicle on a highway and the person has failed to renew his or her driver s licence; (b) the person is prohibited from renewing his or her driver s licence pursuant to clause 41(e), (f), (g), (i), (j), (k), (l), (q), (r) or (s) of the Act. (5) If a person s driver s licence is suspended pursuant to clause 41(h) or (n) or 48(2)(a), (a.1), (d), (e) or (f), subsection 52(2.1) or section 135 of the Act: (a) subsection (2) is not to apply to the calculation of the person s 365-day period; and (b) calculation of the person s 365-day period is to be interrupted until the person once again holds a valid driver s licence. 20 May 2011 SR 23/2011 s8; 2 Apr 2015 SR 20/2015 s8; 17 Jne 2016 SR 38/2016 s7. Eligibility for an M endorsement 19.5(1) No person is eligible to have an M endorsement placed on his or her driver s licence unless he or she: (a) files with the administrator a medical report whenever requested by the administrator; and (a.1) is the holder of a class 1, 2, 3, 4 or 5 driver s licence; (b) has had an M endorsement with a novice 2 restriction placed on his or her driver s licence for at least 365 days. (2) For the purposes of clause (1)(b), the rules set out in subsections 19.4(2) to (5) apply, with any necessary modification, for the purpose of calculating the period during which an M endorsement with a novice 2 restriction has been placed on a person s driver s licence. 20 May 2011 SR 23/2011 s8; 17 Jne 2016 SR 38/2016 s8. Limits on the holders of a 6 endorsement 19.6 The holder of a driver s licence with a 6 endorsement shall not, while operating a motorcycle: (a) transport any passengers; (b) operate a motorcycle between the period commencing one-half hour before sunset and ending one-half hour after sunrise; (c) tow a vehicle while operating a motorcycle; (d) Repealed. 6 Jne 2014 SR 41/2014 s5. (e) operate a motorcycle that the holder is not authorized to operate. 20 May 2011 SR 23/2011 s8; 18 May 2012 SR 28/2012 s4; 6 Jne 2014 SR 41/2014 s5.
23 Limits on the holders of an M endorsement with a novice 1 restriction 19.7 The holder of a driver s licence with an M endorsement with a novice 1 restriction shall not, while operating a motorcycle: (a) transport any passengers; (b) operate a motorcycle between the hours of midnight and 5:00 am Central Standard Time; (c) tow a vehicle while operating a motorcycle; or (d) Repealed. 6 Jne 2014 SR 41/2014 s6. (e) operate a motorcycle that the holder is not authorized to operate. 20 May 2011 SR 23/2011 s8; 6 Jne 2014 SR 41/2014 s6. Limits on the holders of an M endorsement with a novice 2 restriction 19.8 The holder of a driver s licence with an M endorsement with a novice 2 restriction shall not, while operating a motorcycle: (a) tow a vehicle while operating a motorcycle; or (b) Repealed. 6 Jne 2014 SR 41/2014 s7. (c) operate a motorcycle that the holder is not authorized to operate. 20 May 2011 SR 23/2011 s8; 6 Jne 2014 SR 41/2014 s7. Administrator s discretion 20 The administrator may waive the requirements of these regulations and may issue a driver s licence of a class it considers appropriate if the applicant should, in the administrator s opinion, be issued that licence because of that applicant s particular driving experience and expertise. 7 Jly 2006 ct-18.1 Reg 2 s20. 20.1 Repealed. 6 Jne 2014 SR 41/2014 s8. PART III Actions Concerning Driver s Licences Prescribed devices, persons and forms 21(1) For the purposes of sections 146, 146.1, 146.2, 148 and 149 of the Act, an approved screening device means a device of a kind that is designed to ascertain the presence of alcohol in the blood of a person and that is approved for that purpose by order of the Attorney General of Canada pursuant to the Criminal Code. (2) Repealed. 4 Jly 2014 SR 56/2014 s13. (3) For the purpose of subsection 149(2) of the Act, the members of the class of persons who may take a sample of breath are peace officers.
24 (4) For the purpose of subsection 149(3) of the Act, the members of the class of persons who may operate a device by which a sample of breath may be analyzed are peace officers. (5) For the purposes of sections 146 to 146.2, 148 and 150 to 150.2 of the Act, a peace officer shall complete the notice of suspension and deliver it to the driver. 7 Jly 2006 ct-18.1 Reg 2 s21; 7 Nov 2008 SR 101/2008 s5; 4 Jly 2014 SR 56/2014 s13; 5 May 2017 SR 37/2017 s4. Interviews 22 A person may be required pursuant to section 49 of the Act to attend for an interview or an education or safety seminar if: (a) he or she is convicted of a contravention of: (i) the Act or a predecessor Act; (ii) a law of any province or territory in Canada or a bylaw of a municipal corporation in Canada that is substantially similar to a provision of the Act; (iii) section 220, 221, 236, clause 249(1)(a), subsection 249(3) or (4), section 249.1, 249.2, 249.3, 249.4, 252, clause 253(1)(a) or (b), subsection 255(2), (2.1), (2.2), (3), (3.1) or (3.2) or subsection 259(4) of the Criminal Code committed by means of a motor vehicle; (iv) subsection 254(5) of the Criminal Code for failure or refusal to comply with a demand pursuant to section 254 of the Criminal Code where the offender, within the two hours preceding the offence, operated, or had the care or control of, a motor vehicle; (v) section 130 of the National Defence Act (Canada) for having contravened clause 253(1)(a) or (b), subsection 254(5) or subsection 255(2) or (3) of the Criminal Code; (v.1) subsection 111(5) of The Alcohol and Gaming Regulations Act, 1997 on the basis of providing a minor with his or her driver s licence or photo identification card; or (vi) any law of the United States of America that is substantially similar to any of the provisions enumerated in subclause (i) to (v.1); (b) he or she is determined to be at least 50% at fault for an accident; (c) he or she, as a driver, is the object of a written complaint by: (i) a judge of a court; (ii) a justice of the peace; (iii) a traffic officer designated pursuant to the Act; (iv) a peace officer; or (v) any person considered by the administrator to be a responsible individual;