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Second Session, Thirty-Seventh Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.
It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.

BILL 11

THE HIGHWAY TRAFFIC AMENDMENT AND CONSEQUENTIAL AMENDMENTS ACT


Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. H60 amended

1         The Highway Traffic Act is amended by this Act.

2         Subsection 1(1) is amended

(a) by repealing the definitions "instruction permit" and "learner's licence";

(b) in the definition "licence", by striking out everything after "class"; and

(c) by adding the following definitions in alphabetical order:

"novice driver" has the meaning set out in the regulations; (« conducteur débutant »)

"supervising driver" has the meaning set out in the regulations; (« conducteur surveillant »)

3         Section 22 is amended by striking out "his driver's or chauffeur's licence" and substituting "the person's driver's licence".

4(1)      Subsection 24(1) is amended by striking out "Subject to subsection (2), every" and substituting "Every".

4(2)      Subsections 24(2) to (5) and 24(7) are repealed.

4(3)      Subsection 24(8) is amended by striking out "or (7), he shall endorse thereon" and substituting ", he or she shall endorse on the licence".

4(4)      Clause 24(9)(a) is amended by adding ", except as permitted under the regulations" after "years".

4(5)      Subsection 24(13) is repealed.

5         The centred heading before section 26 and section 26 are replaced with the following:

NOVICE DRIVERS

Regulations

26(1)     The Lieutenant Governor in Council may make regulations

(a) defining "novice driver" and "supervising driver";

(b) classifying novice drivers for any purpose or provision of the regulations, based on any criteria the Lieutenant Governor in Council considers appropriate;

(c) prescribing licences of different classes and subclasses for novice drivers;

(d) requiring a novice driver who holds a licence of any class or subclass to be supervised, while driving, by a supervising driver;

(e) governing supervising drivers and prescribing the qualifications and requirements for supervising drivers, including, but not limited to, requiring every supervising driver to identify him or herself and produce his or her licence to a peace officer on demand;

(f) prescribing the length of time or the method of determining the length of time during which a person shall be a novice driver or shall be restricted to any class or subclass of licence for novice drivers;

(g) respecting circumstances under which a novice driver may be required to produce evidence that he or she has successfully completed an approved driver education or training course;

(h) respecting approved driver education or training courses for novice drivers, respecting minimum standards and criteria for such courses, and respecting their implementation;

(i) governing novice drivers and prescribing conditions and restrictions that shall apply to any class or subclass of licence for novice drivers;

(j) prescribing markers or identifying devices to be displayed on or in motor vehicles driven by novice drivers or novice drivers with licences of any class or subclass and governing the conditions of their use and the manner of displaying them;

(k) exempting novice drivers or classes of novice drivers from any requirement under this Part or any regulation made under this subsection, and prescribing conditions for the exemptions;

(l) providing that subsection 334(1) applies to novice drivers who hold certain classes or subclasses of licence, and prescribing conditions for its application;

(m) prescribing maximum blood alcohol concentration levels, or blood alcohol concentration levels of zero, for novice or supervising drivers;

(n) providing for remedial actions that the registrar may take in respect of a novice driver who drives while his or her blood alcohol concentration level exceeds the prescribed level or refuses a peace officer's request to provide a breath sample, and prescribing sanctions that the registrar may impose on such a driver;

(o) prescribing provincially-approved screening devices for the purpose of determining the blood alcohol concentration level of a novice or supervising driver, and governing the calibration and use of the devices;

(p) authorizing a peace officer to demand that a novice or supervising driver provide a sample of his or her breath for the purpose of determining his or her blood alcohol concentration level, and requiring the novice or supervising driver to provide a breath sample on demand, at the roadside, to be analyzed by a provincially-approved screening device or an approved screening device as defined in section 254 of the Criminal Code (Canada), or at another place, to be analyzed by an instrument approved as suitable for the purpose of section 258 of the Criminal Code (Canada), or both;

(q) respecting the handling and analysis of breath samples provided under a regulation made under clause (p), including, but not limited to, the manner of recording and certifying the results of the analysis of breath samples and the manner in which a certificate of analysis may be entered in evidence in a prosecution under this Act and the weight to be attributed to a certificate of analysis;

(r) authorizing a peace officer to demand that a novice driver surrender his or her licence if the novice driver's blood alcohol concentration level exceeds the prescribed level or the novice driver refuses to provide a breath sample on demand, and requiring the novice driver to surrender his or her licence to the peace officer on demand;

(s) respecting any transitional or other problem resulting from the establishment of classes and subclasses of licences for novice drivers and requirements for novice drivers.

Application of regulations

26(2)     A regulation made under subsection (1) may be general or particular in its application and may apply in whole or in part in respect of any class of licence for novice drivers.

Offence and penalty

26(3)     A novice or supervising driver who contravenes a provision of a regulation made under subsection (1), or a novice driver who contravenes a condition or restriction of his or her licence, is guilty of an offence and is liable on summary conviction to a fine of not more than $500.

Saving

26(4)     Imposing a penalty under subsection (3) on a driver does not restrict, limit or affect the effect of any other provision of this Act authorizing or requiring the suspension or cancellation of a registration, licence or permit, or the disqualification of a person from holding a licence or making a registration.

Defence of novice driver to charge re supervising driver's qualifications

26(5)     It is a defence to a charge against a novice driver under subsection (3) relating to the qualifications or requirements of the supervising driver if the accused establishes that he or she took all reasonable measures to comply with the regulations.

6         Subsection 27(1.2) is replaced with the following:

Exception for temporary licence or permit

27(1.2)   The registrar may issue a temporary driver's licence or permit

(a) in the form and containing the information he or she requires; and

(b) for any duration he or she considers appropriate.

7         Subsection 29(3) is replaced with the following:

Restriction on issue of licences to minors

29(3)     The registrar shall not issue a driver's licence of any class to a person under 18 years of age unless the application for the licence is approved and signed

(a)  by both of the applicant's parents;

(b) if the registrar is satisfied that it is not practical or desirable to obtain the approval and signature of both of the applicant's parents, by either of them;

(c)  if one of the applicant's parents is dead, by the surviving parent;

(d)  if the registrar is satisfied that the approval and signature of neither of the applicant's parents should be required, or if both of the applicant's parents are dead, by the applicant's legal guardian; or

(e) in circumstances described in clause (d) but in which the applicant has no legal guardian, by his or her employer, or any other person the registrar considers to be a responsible and suitable person.

8(1)      Subsection 31(1) is repealed.

8(2)      Subsection 31(2) is replaced with the following:

Examination before issue of licence

31(2)     Subject to subsections (3) and (4), the registrar shall not issue a licence of any class to a person unless he or she has passed the examinations the registrar requires and satisfied any other requirements the registrar considers appropriate.

8(3)      Subsection 31(3) is amended by striking out ", other than an applicant for a learner's licence,".

8(4)      Subsection 31(10) is repealed.

8(5)      Subsection 31(11) is replaced with the following:

Exemption from driving test for certain employees

31(11)    The registrar may exempt an applicant for a Class 1, 2, 3 or 4 licence from a practical driving examination required under subsection (2) if

(a) the registrar receives a certificate from the applicant's employer, on a form approved by the registrar, stating that the applicant

(i) has satisfactorily completed the employer's training course in the safe and proper operation of motor vehicles of the type or kind authorized to be operated under the class of licence applied for, and

(ii) has passed the employer's practical driving examination administered in that type or kind of motor vehicle; and

(b) the registrar has approved the employer's training course and practical driving examination.

9         Section 32 is amended

(a) by striking out "is a licence or permit to which reference is made in clause 27(1.2)(b) or which"; and

(b) by striking out "the licence or permit and".

10        The centred heading before section 33 is amended by striking out "AND CHAUFFEURS".

11        Subsection 33(1) is replaced with the following:

Driving by non-resident without Manitoba licence

33(1)     A non-resident who does not hold a licence issued under this Act, but does hold a valid licence or permit issued by a competent authority in the jurisdiction in which he or she permanently resides, may drive a motor vehicle of the class or type authorized by that licence or permit if he or she

(a) is 16 years of age or older;

(b) resides or carries on business in Manitoba for no more than three consecutive months in any year, or is a member of NATO Forces personnel;

(c) has complied with the law of the jurisdiction in which he or she permanently resides relating to the licensing of drivers; and

(d) complies with the conditions or restrictions, if any, of his or her licence or permit.

12        Subsection 155(10) is amended

(a) in the English version, by striking out "or instruction permit"; and

(b) in the French version, by striking out "son permis" and substituting "tout permis qui lui été délivré".

13        Subsection 160(2) is amended

(a) in the English version, by adding "or she" after "he" wherever it occurs, and by adding "or her" after "his" wherever it occurs; and

(b) in clause (a), by striking out " or chauffeur's licence or instruction permit".

14        Subsection 168(2) is replaced with the following:

Limitation on registration by minors

168(2)    No person under the age of 18 years shall register a motor vehicle unless the application for registration is approved and signed

(a)  by both of the applicant's parents;

(b) if the registrar is satisfied that it is not practical or desirable to obtain the approval and signature of both of the applicant's parents, by either of them;

(c)  if one of the applicant's parents is dead, by the surviving parent;

(d)  if the registrar is satisfied that the approval and signature of neither of the applicant's parents should be required, or if both of the applicant's parents are dead, by the applicant's legal guardian; or

(e) in circumstances described in clause (d) but in which the applicant has no legal guardian, by his or her employer, or any other person the registrar considers to be a responsible and suitable person.

15        Clause 170(1)(i) is amended by striking out "chauffeur's or".

16        Subsection 173(2) is replaced with the following:

Compliance with restricted licence

173(2)    A person who holds a licence issued under subsection 24(6) shall not drive a motor vehicle other than one the licence authorizes, and shall observe and conform to the restrictions, conditions or limitations stated in the licence.

17        Subsection 174(2) is replaced with the following:

Non-application of clause (1)(a)

174(2)    Clause (1)(a) does not apply to a novice driver who holds a licence of a class or subclass prescribed for novice drivers in the regulations.

18        Subsection 188(3) of the English version is amended by striking out "or instruction permit issued to" and substituting "held by".

19        Subsection 189(2) of the English version is amended by striking out "or instruction permit issued to" and substituting "held by".

20        Section 248 is repealed.

21         Clause 281(1)(l) is amended by striking out "chauffeur's or".

22        Subsection 308(2) is repealed.

23(1)     Subsection 322(1) is amended

(a) by striking out the part before clause (a) and substituting "The registrar may, if he or she considers it necessary to carry out the purposes of this Act and the regulations, maintain records respecting drivers who";

(b) in clauses (a) and (b) of the English version, by striking out "or" at the end;

(c) in clause (b), by adding "or the regulations," after "Act"; and

(d) by replacing clause (e) with the following:

(e) have had their licences suspended or cancelled, or have been refused licences or licence renewals, disqualified from holding licences, or disqualified or prohibited from driving motor vehicles on highways or operating off-road vehicles.

23(2)     Subsection 322(2) is amended

(a) in the English version, by adding "or her" after "him" wherever it occurs; and

(b) in clause (a), by striking out "and instruction permits".

24(1)     Subsection 323.1(1) is amended

(a) in clause (a), by striking out everything after "number plates," and substituting "licences, validation stickers and registration class stickers"; and

(b) in clause (c), by striking out "validation sticker, registration class sticker, licence or temporary instruction permit" and substituting "licence, validation sticker or registration class sticker".

24(2)     Subsection 323.1(2) is amended by striking out "validation sticker, registration class sticker, licence, temporary instruction permit or sticker for validating a licence or temporary instruction permit" and substituting "licence, validation sticker or registration class sticker".

25(1)     Subsection 334(1) is amended by striking out ", other than a learner's licence,".

25(2)     The following is added after subsection 334(1):

Non-application of subsection (1)

334(1.1)  Except as otherwise provided by the regulations, subsection (1) does not apply to a novice driver who holds a licence of a class or subclass prescribed for novice drivers in the regulations.

Consequential amendments, C.C.S.M. c. O31

26(1)     The Off-Road Vehicles Act is amended by this section.

26(2)     Subsection 26(3) is amended by striking out everything after "unless" and substituting "he or she is 16 years of age or older and holds a licence other than one that has a restriction on operating off-road vehicles."

26(3)     Clause 34(1)(c) is replaced with the following:

(c) the operator is 16 years of age or older and holds a licence other than one that has a restriction on operating off-road vehicles.

26(4)     Subsection 35(2) is amended by striking out everything after "unless" and substituting "he or she holds a licence other than one that has a restriction on operating off-road vehicles."

26(5)     Subsection 43(1) is replaced with the following:

Duty of owner re operation by others

43(1)     The owner of an off-road vehicle shall not permit or authorize a person to operate it upon or across a roadway or shoulder unless the person

(a) is 16 years of age or older; and

(b) holds a licence other than one that has a restriction on operating off-road vehicles.

Coming into force

27        This Act comes into force on a day fixed by proclamation.

Explanatory Note

This Bill lays the foundation for a system of graduated drivers' licences for novice drivers, by repealing the provisions governing learners' and probationary licences and providing for regulations to establish and govern the system of graduated licences.

The Bill also removes from the Act some outmoded terms, such as "chauffeur's licence" and "instruction permit".