Neither the common law nor statute law has taken a consistent approach to the guest or gratuitous passenger. This report presents arguments in favour of the guest passenger legislation and arguments in favour of repealing the guest passenger legislation.
The report notes that today a large number of guest passengers do not get “something for nothing” and that the probability of reciprocal benefit makes it fair to impose liability on the driver for his or her negligent conduct. It is primarily the insurer who is protected by the guest passenger legislation and the insured driver who has been negligent is often anxious to see the guest passenger compensated, particularly if the passenger is a friend or relative. The report favors with ending discrimination against guest passengers. It recommends amendments to the Highway Traffic Act, Motor Vehicle Administration Act, Contributory Negligence Act, and Alberta Insurance Act, as outlined in this report.