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Second Session, Thirty-Eighth 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 36

THE HIGHWAY TRAFFIC AMENDMENT 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 replacing the definition "motorcycle" with the following:

"motorcycle" means a vehicle that

(a) has a steering handlebar completely constrained from rotating in relation to the axle of one wheel in contact with the ground,

(b) is designed to travel on not more than three wheels in contact with the ground,

(c) has a minimum unladen seat height of 650 mm,

(d) has a minimum wheel rim diameter of 250 mm,

(e) has a minimum wheelbase of 1,016 mm, and

(f) has a maximum speed capability of more than 50 km/h,

but does not include a moped, power-assisted bicycle or tractor; (« motocyclette »)

(b) by adding the following definitions:

"power-assisted bicycle" means a vehicle that

(a) has a handlebar for steering and pedals,

(b) is designed to travel on not more than three wheels in contact with the ground,

(c) can be propelled by muscle power applied to the pedals,

(d) has an electric motor but no other type of motor, and

(i) the motor has a continuous power output rating, measured at its shaft, of 500 W or less,

(ii) if engaged by the driver applying muscle power to the pedals, the motor immediately stops providing the vehicle with motive power when the driver stops applying muscle power,

(iii) if engaged by a throttle, the motor immediately stops providing the vehicle with motive power when the driver activates a brake, and

(iv) the motor cannot provide the vehicle with motive power when it is travelling at more than 32 km/h,

(e) bears a permanent manufacturer's label stating that the vehicle is a power-assisted bicycle under the Motor Vehicle Safety Regulations, C.R.C., c. 1038, and

(f) has either

(i) a mechanism to turn the electric motor on and off that can be operated by the driver, and if the vehicle has a throttle, is separate from the throttle, or

(ii) a mechanism that prevents the motor from engaging until the vehicle is travelling at 3 km/h or more; (« bicyclette assistée »)

"recreational equipment" means a device or thing, other than a vehicle, on which a person can ride, or roll or slide over the ground, and includes, but is not limited to,

(a) a sled, sleigh, toboggan or skateboard, and

(b) skates, skis, roller skates, roller blades or snowshoes; (« matériel de loisirs »)

(c) in the definition "motor vehicle", by striking out ", or an off-road vehicle" and substituting "an off-road vehicle or a power-assisted bicycle";

(d) in clause (b) of the definition "motor vehicle liability insurance card", by striking out "section 30" and substituting "section 35";

(e) in clause (b) of the definition "peace officer", by striking out everything after "regulations"; and

(f) in the clause (a) of the definition "vehicle", by adding "solely" after "moved".

3           Subsection 27(12) is replaced with the following:

Production of licence

27(12)      A driver shall

(a) carry his or her licence while driving or operating a vehicle for which this Act requires a licence;

(b) keep the licence clean and legible; and

(c) produce the licence to a peace officer, the registrar, a justice, or another person entitled to its production under this Act, when any of them requires it.

4           Subsection 68(9) is repealed.

5           Subsection 72(2) is amended in the part before clause (a) by striking out "or subsection 86(1)" and substituting "or an offence under subsection 86(5.5)".

6           Section 75 is replaced with the following:

Duty of caution

75          A pedestrian or the operator of a bicycle or power-assisted bicycle who is entering, crossing or proceeding along a highway shall, at all times, do so with due caution, care and attention, taking into account the traffic on the highway at the time.

7(1)        Subsection 77(7) is amended

(a) by striking out "sign" wherever it occurs in clauses (a) and (b) and substituting "traffic control device"; and

(b) by repealing the part after subclause (b)(ii).

7(2)        The following is added after subsection 77(7):

Signs indicating workers or equipment are present

77(7.1)     A traffic control device erected under clause (7)(a), or another traffic control device the traffic authority erects adjacent to it or before any part of the construction zone where workers may be present or using equipment, may indicate

(a) that workers are present or using equipment in the construction zone; and

(b) that, while workers are present or using equipment in the construction zone, travel on the highway is prohibited, or traffic must proceed on the highway only in the manner or at the permissible speed indicated by the traffic control device.

7(3)        Subsection 77(8) is replaced by the following:

Contractor erecting signs

77(8)       If the government enters into an agreement with a contractor to construct or repair part or all of a provincial highway, the minister may authorize or require the contractor to exercise the minister's authority to erect traffic control devices on the highway under subsection (7) or (7.1).  The minister may require the contractor to alter or remove any traffic control devices the contractor erects.

7(4)        Subsection 77(9) is amended by striking out "signs" wherever it occurs, other than in the section heading, and substituting "traffic control devices".

8(1)        Subsections 86(1) to (5) are replaced with the following:

Restrictions on use of highways and structures

86(1)       The traffic authority of a highway may, with or without conditions,

(a) prohibit vehicles from using part or all of the highway or a structure forming part of it;

(b) restrict the allowable dimensions of vehicles that use part or all of the highway or a structure forming part of it;

(c) restrict the allowable weight of vehicles that use part or all of the highway or a structure forming part of it; or

(d) restrict the use of part or all of the highway or a structure forming part of it.

Action by minister as traffic authority

86(2)       When the minister, as traffic authority for a highway, imposes a prohibition or restriction under subsection (1), he or she shall

(a) if the prohibition or restriction is for one year or less, impose it by order; and

(b) if the prohibition or restriction is for longer than one year, impose it by regulation.

Action by municipality as traffic authority

86(3)       When a municipality, a local government district or the council of a band, as traffic authority for a highway, imposes a prohibition or restriction under subsection (1), it shall

(a) if the prohibition or restriction is for one year or less, impose it by resolution; and

(b) if the prohibition or restriction is for longer than one year, impose it by by-law.

Order or resolution must state closure period

86(4)       An order under clause (2)(a) or resolution under clause (3)(a) must state the period of the prohibition or restriction.

By-law increasing allowable weight

86(5)       A municipality, a local government district or the council of a band, as the traffic authority of a highway, may, by by-law, increase the allowable weight of vehicles that use part or all of the highway or a structure forming part of it.

Traffic board must approve by-law

86(5.1)     A prohibition or restriction imposed under clause (3)(b) or an increase in allowable weight under subsection (5) does not take effect until the traffic board approves the by-law.

Regulations Act does not apply

86(5.2)     The Regulations Act does not apply to an order made by the minister under clause (2)(a).

Signage

86(5.3)     A traffic authority shall erect and maintain traffic control devices warning the public about a prohibition or restriction under subsection (1).  The devices must be erected and maintained

(a) at each end of the affected length of highway; or

(b) if the prohibition or restriction affects only a structure, at each approach to the affected structure.

Barricades

86(5.4)     A traffic authority that imposes a prohibition under subsection (1) shall erect and maintain adequate barricades

(a) at each end of the affected length of highway; or

(b) if the prohibition affects only a structure, at each approach to the affected structure.

Penalty for exceeding weight restrictions

86(5.5)     A person who contravenes or fails to comply with a weight restriction imposed under clause (1)(c) is guilty of an offence and liable on summary conviction to a fine of $12. for each 50 kg, or fraction of that amount, by which the actual gross weight of the vehicle, a single axle or an axle group exceeds the maximum gross weight allowed under the restriction.

Penalty re other contraventions

86(5.6)     A person who contravenes or fails to comply with a prohibition or restriction imposed under clause (1)(a), (b) or (d) is guilty of an offence and liable on summary conviction to the penalties set out in section 239.

Regulations by the minister

86(5.7)     The minister may make regulations respecting prohibitions and restrictions under subsection (1) that are effective for longer than one year.

Resolution or by-law affecting provincial highway

86(5.8)     When a traffic authority's resolution or by-law affects a provincial highway, the resolution or by-law has no effect unless it is approved in writing by the minister or the minister's delegate, and the notice of approval is attached to and forms part of the resolution or by-law.

8(2)        Subsections 86(7) and (8) are replaced with the following:

Trucks required to stop

86(7)       When an inspection station has been established and the proper traffic control device is displayed, every driver of a truck passing the traffic control device shall proceed directly to and stop at the station for inspection and shall not proceed unless permitted to do so by the inspector or other person in charge of the station, or by a peace officer.

When trucks not required to stop

86(8)       Subsection (7) does not apply when the truck is exempted by the regulations or the inspection station displays a sign indicating that it is closed.

8(3)        Subsection 86(9) is amended by striking out "A person who has taken his vehicle to scales or has stopped his vehicle at a Highway Traffic Inspection Station," and substituting "A person who has taken a vehicle to scales or stopped a vehicle at an inspection station,".

8(4)        Clause 86(10)(b) of the English version is amended by adding "or her" after "his".

9           Section 92 is repealed.

10          The following is added after subsection 95(1):

Meaning of construction zone

95(1.1)     In subsection (1.2), "construction zone" means a portion or length of highway

(a) that is under construction, or where any reconstruction, widening, marking, repairs or other work is being done by or on behalf of the traffic authority, including installation of, and repairs and modifications to, the equipment or facilities of any person who the traffic authority allows to maintain equipment or facilities on or under the highway; and

(b) that is identified as a construction or work zone by approved traffic control devices placed at the beginning and end of the zone facing each direction of travel in the zone.

Speed when workers or equipment present

95(1.2)     Despite subsection(1), when workers are present or using equipment in a construction zone, or in part of a construction zone, where a traffic control device warning of their presence or the equipment's use has been erected in accordance with subsection 77(7.1), no person shall drive a vehicle in the construction zone, or in the particular part of it, at a rate of speed greater than the lesser of

(a) the maximum speed otherwise permissible under subsection (1); and

(b) the maximum permissible speed indicated by any traffic control device erected in accordance with subsection 77(7.1).

11          The following is added after section 109:

Definitions

109.1(1)    The following definitions apply in this section.

"emergency beacon" means

(a) any of the lamps provided for in clauses 38.1(1)(b) or (c), 38.1(2)(b) or (c), or 38.1(3)(b) or (c); or

(b) an emergency beacon prescribed in the regulations. (« feux d'urgence »)

"emergency vehicle" means

(a) a vehicle used by a police force;

(b) a vehicle used by a fire department; or

(c) a vehicle used by an ambulance service. (« véhicule d'urgence »)

Approaching a stopped emergency vehicle

109.1(2)    When approaching an emergency vehicle with its emergency beacon lighted that is stopped on a highway, the driver of a vehicle travelling on the same side of the highway

(a) shall slow down and proceed with caution to ensure that his or her vehicle does not collide with the emergency vehicle or endanger any person outside of the emergency vehicle; and

(b) shall pass the emergency vehicle only if it is safe to do so.

Two or more lanes of traffic in same direction

109.1(3)    In addition to complying with subsection (2), the driver shall move into a traffic lane farther from the emergency vehicle if

(a) he or she is travelling in the lane in which the emergency vehicle is stopped, or a lane adjacent to it;

(b) there are two or more traffic lanes on the side of the highway on which the emergency vehicle is stopped; and

(c) the movement can be made safely.

12          Section 111 is replaced with the following:

Rules for riding a moped or mobility vehicle

111         A person who operates a moped or mobility vehicle on a highway shall

(a) operate it as closely as practicable to the right-hand edge or curb of the roadway, unless the highway is designated for traffic in one direction and has three or more traffic lanes;

(b) operate it as closely as practicable to the right- or left-hand edge or curb of the roadway, if the highway is designated for traffic in one direction and has three or more traffic lanes;

(c) except when overtaking or passing, not operate it beside another moped or mobility vehicle, or a bicycle or power-assisted bicycle, that is operating in the same lane; and

(d) at all times, keep at least one hand on the handlebar.

13          Subsection 122(1) is amended in the part before clause (a) by striking out "the law" and substituting "another provision of this Act or the regulations under this Act".

14          The following is added after subsection 124.6(2):

Appeals

124.6(3)    A person may, in accordance with the regulations, appeal to the medical review committee if his or her

(a) application for a physically disabled person's parking permit under section 124.3 is denied; or

(b) physically disabled person's parking permit is cancelled, or the replacement, reissue or renewal of the permit is refused;

on the grounds that the person no longer meets the requirements of the regulations.

15          The following is added after clause 124.9(e):

(e.1) governing appeals under subsection 124.6(3), and requiring a person making an appeal to pay an  appeal fee, and prescribing the amount of the appeal fee;

16          Subsection 125(1) is amended

(a) in the part before clause (a), by adding "or power-assisted bicycle" after "bicycle"; and

(b) in clause (a) of the English version, by adding "or her" after "his".

17          Section 126 is replaced with the following:

Hand signals

126(1)      The driver of a left-hand drive motor vehicle or the operator of a bicycle, power-assisted bicycle, moped or mobility vehicle giving a hand signal shall do so from the left side of the vehicle and

(a) to signify a left turn, shall extend his or her left arm horizontally from the vehicle;

(b) to signify a right turn, shall extend his or her left arm from the vehicle with the upper arm horizontal and forearm pointing vertically upward; and

(c) to signify a stop or a decrease in speed, shall extend his or her left arm from the vehicle with the upper arm horizontal and forearm pointing vertically downward.

Right turns — bicycles and power-assisted bicycles

126(2)      Despite subsection (1), the operator of a bicycle or power-assisted bicycle may signify a right turn by extending his or her right arm horizontally from the right side of the vehicle.

18          Sections 134 and 135 are replaced with the following:

Definitions

134(1)      The following definitions apply in this section.

"flag person" includes a crew member of a railway train who, in connection with the train's operation, directs traffic or warns people on a highway. (« signaleur »)

"uncontrolled railway crossing" means a railway crossing at which traffic is not controlled by a "stop" or "arrêt" sign, an electrical or mechanical traffic control device, a crossing gate or a flag person, but does not include an industrial spur railway crossing within a restricted speed area. (« passage à niveau non contrôlé »)

Stopping at railway crossings

134(2)      The driver of a vehicle approaching a railway crossing shall stop the vehicle before proceeding across the crossing if

(a) a "stop" or "arrêt" sign is erected at the crossing;

(b) a clearly visible electrical or mechanical traffic control device at the crossing is signalling the proximity or passing of a railway train;

(c) a crossing gate is lowered or partly lowered, or a flag person is signalling the proximity or passing of a railway train; or

(d) a railway train is in dangerous proximity to the crossing and is giving an audible signal or is visible.

Stopping at uncontrolled railway crossings

134(3)      Without limiting the application of subsection (2), a driver shall also stop before proceeding across an uncontrolled railway crossing if the driver is driving one of the following vehicles:

(a) a bus carrying passengers for compensation;

(b) a school bus carrying children;

(c) a vehicle designed or used to carry flammable liquid or gas, whether or not it is empty.

Additional requirements for particular vehicles

134(4)      While a vehicle described in clause (3)(a), (b) or (c) is stopped as required by subsection (2) or (3), the driver shall

(a) look in both directions along the railway track for an approaching railway train;

(b) listen for signals indicating the approach of a railway train; and

(c) if the vehicle is a bus or school bus, open the door of the vehicle.

Required stopping distances

134(5)      In any case mentioned in subsection (2) or (3), the driver shall stop the vehicle

(a) not less than 5 m from the nearest rail of the crossing, if the crossing is in a restricted speed area; or

(b) not less than 15 m from the nearest rail of the crossing in any other case.

Proceeding across a railway crossing

134(6)      After stopping, the driver shall not proceed unless he or she can do so safely and without stopping before clearing the crossing, and

(a) in a case described in clause (2)(b), unless

(i) the electrical or mechanical traffic control device is no longer signalling the proximity or passing of a railway train, or

(ii) a peace officer or flag person directs the driver to proceed;

(b) in a case described in clause (2)(c), unless

(i) the crossing gate is completely raised or the flag person is no longer signalling the proximity or passing of a railway train, or

(ii) a peace officer or flag person directs the driver to proceed; and

(c) in a case described in clause (2)(d), unless the railway train is no longer in dangerous proximity to the crossing.

Proceeding when train is stopped

134(7)      Despite clause (6)(a), a driver who stops at a railway crossing because an electrical or mechanical traffic control device is signalling the proximity of a railway train may proceed across the crossing if the train is stopped, or is not in close proximity to the crossing, and if he or she can do so safely and without stopping before clearing the crossing.

Changing gear while crossing track prohibited

135         The driver of a vehicle described in clause 134(3)(a), (b) or (c) shall not

(a) cross the track of a railway crossing in a gear that he or she will need to change while crossing the track; or

(b) change gears while crossing the track.

Stopping vehicle within railway crossing prohibited

135.1       No person shall stop a vehicle

(a) within a railway crossing; or

(b) in a location where any part of the vehicle is over a track in a railway crossing.

19          Section 145 and the Division heading before it are replaced with the following:

DIVISION IV

BICYCLES, POWER-ASSISTED BICYCLES AND RECREATIONAL EQUIPMENT

General rules: bicycles and power-assisted bicycles

145(1)      Except as otherwise provided in subsections (5) and (6), a person operating a bicycle or power-assisted bicycle on a highway or bicycle facility has the same rights and duties as a person driving a motor vehicle on a highway and shall obey all signs and traffic control devices, and all directions of a peace officer.

Minimum operator age: power-assisted bicycles

145(2)      No person shall operate a power-assisted bicycle on a highway or bicycle facility unless he or she is 14 years of age or older.

Owner must not allow underage operator

145(3)      The owner of a power-assisted bicycle shall not allow a person under the age of 14 years to operate it.

Helmet required: power-assisted bicycles

145(4)      No person shall ride on or operate a power-assisted bicycle on a highway or bicycle facility unless he or she is wearing a properly fitted and fastened protective helmet.

Operation next to curb

145(5)      A person operating a bicycle or power-assisted bicycle on a highway shall operate it

(a) as closely as practicable to the right-hand edge or curb of the roadway, unless the highway is designated for traffic in one direction and has three or more traffic lanes; or

(b) as closely as practicable to the right- or left-hand edge or curb of the roadway, if the highway is designated for traffic in one direction and has three or more traffic lanes.

Operation in single file

145(6)      No person shall operate a bicycle or power-assisted bicycle on a highway beside a moped, mobility vehicle, bicycle or power-assisted bicycle that is operating in the same traffic lane.

Exception to subsections (5) and (6)

145(7)      Subsections (5) and (6) do not apply when the person is

(a) making or attempting to make a turn on the highway; or

(b) overtaking or passing a moped, mobility vehicle, bicycle or power-assisted bicycle.

Bicycles on sidewalks

145(8)      Subject to subsection (9), no person shall operate on a sidewalk a bicycle with a rear wheel the diameter of which exceeds 410 mm.

Exception to subsection (8)

145(9)      Subsection (8) does not apply to a sidewalk that is marked by a traffic control device permitting the operation of a bicycle on the sidewalk.

Attachment to moving vehicles prohibited

145.1(1)    No person operating, using or riding on recreational equipment or a motorcycle, moped, bicycle or power-assisted bicycle on a highway shall

(a) take hold or keep hold of a moving vehicle;

(b) attach himself or herself to a moving vehicle;

(c) cause or permit any other person to attach him or her to a moving vehicle; or

(d) cause or permit the recreational equipment, motorcycle, moped, bicycle or power-assisted bicycle to be attached to or towed by a moving vehicle.

Attaching persons to moving vehicles prohibited

145.1(2)    No person shall

(a) take hold or keep hold of, or attach himself or herself to, the exterior of a moving vehicle on a highway; or

(b) permit himself or herself to be towed by a moving vehicle on a highway.

Illegal towing by vehicles

145.1(3)    The driver or operator of a moving vehicle on a highway shall not

(a) cause or permit a person to take hold or keep hold of, or to attach himself or herself to, the exterior of the vehicle;

(b) attach a person to, or cause a person to be attached to, the exterior of the vehicle;

(c) cause or permit a person to be towed by the vehicle; or

(d) cause or permit recreational equipment or a motorcycle, moped, bicycle or power-assisted bicycle, or any other thing that is not designed, intended, and equipped for the purpose, to be attached to, or towed by, the vehicle.

20          Section 147 is replaced with the following:

Prohibition: too many riders

147(1)      No person shall do the following on a highway:

(a) operate a bicycle or power-assisted bicycle with more persons on it than it was designed or constructed by its manufacturer to carry; or

(b) ride, or permit himself or herself to be carried, on a bicycle or power-assisted bicycle being operated by another person, if he or she is riding or being carried on a part of it that

(i) was designed and intended by its manufacturer to carry only its operator, or

(ii) was not designed or intended by its manufacturer to carry a person.

Exception to application of subsection (1)

147(2)      When a bicycle or power-assisted bicycle carries its operator and a child, subsection (1) does not apply to the operator or the child if

(a) the child is

(i) under the age of six years,

(ii) on a seat designed for carrying infants on bicycles or power-assisted bicycles, and

(iii) wearing a properly fitted and fastened protective helmet;

(b) the operator is 16 years of age or older;

(c) the seat is

(i) firmly attached to the vehicle behind the regular seat, as far forward and in as low a position as is practicable, and

(ii) equipped with a seat belt which is fastened around the child at all times when the vehicle is in motion; and

(d) the seat or vehicle is equipped with a shield to prevent any part of the child's body or clothing from coming into contact with any of the vehicle's moving parts.

Carrying large objects forbidden

147(3)      No person shall carry on a bicycle or power-assisted bicycle, or on his or her person while operating or riding on a bicycle or power-assisted bicycle, any object that is of such a size, weight or shape, or is so placed, that it may interfere with the proper operation and control of the vehicle by its operator.

21          Sections 149 and 150 are replaced with the following:

Lamps and reflectors on bicycles and power-assisted bicycles

149(1)      Subject to subsection (3), a bicycle or power-assisted bicycle shall be equipped with

(a) a headlamp at the front that casts a white light; and

(b) a lamp or reflector at the back that casts a red or amber light or reflection and has a surface area of not less than 25 cm2.

Type of lamps and reflectors required

149(2)      The lamps and reflectors required by subsection (1) shall be of such a kind and so constructed that, in normal weather conditions,

(a) the headlamp casts a light that is visible from a distance of 90 m in front of the vehicle; and

(b) the rear lamp casts or the reflector reflects a light that is visible from a distance of 60 m behind the vehicle.

Limitation on application of subsection (1)

149(3)      Subsection (1) applies only if the bicycle or power-assisted bicycle is on a highway or bicycle facility at a time when subsection 35(11) or a regulation under this Act requires lamps on vehicles to be lighted.

Other required equipment

150(1)      No person shall operate a bicycle or power-assisted bicycle on a highway or bicycle facility, or cause or permit one to be operated there, unless it is equipped as required by this Act and the regulations.

Inspection

150(2)      A peace officer may

(a) at any time stop and inspect, or cause to be inspected, any equipment on a bicycle or power-assisted bicycle on a highway or bicycle facility; and

(b) if the equipment does not comply with this Act or the regulations, require the operator to have the equipment made to comply.

Operator must comply

150(3)      The operator shall not operate the bicycle or power-assisted bicycle again until he or she has complied with the peace officer's requirements.

Duty of operator to provide assistance

150(4)      The operator of a bicycle or power-assisted bicycle that is being inspected shall provide any reasonable assistance and information that the peace officer requests.

Prohibited highways and bicycle facilities

150(5)      No person shall operate a bicycle or power-assisted bicycle, or cause or permit one to be operated,

(a) on any part of a highway or bicycle facility at a time when the operation is prohibited by the regulations; or

(b) on any part of a highway or bicycle facility on which the operation is prohibited by the regulations.

22          Subsection 157(4.2) is amended by striking out "section 28.1 or subsection 28.5(2)" and substituting "section 28.1, subsection 28.5(2) or subsection 124.6(3)".

23(1)       Subsection 160(1) of the English version is amended by adding "or her" after "him".

23(2)       Subsection 160(4) is replaced with the following:

Amount of proof required

160(4)      Subject to subsections (5) and (6), a person who is required to give proof of financial responsibility shall give proof of responsibility that

(a) is in an amount not less than $200,000., excluding interest and costs, in respect of liability for any or all of the following, arising out of one accident:

(i) bodily injury to, or the death of, one or more persons,

(ii) loss of, or damage to, property; and

(b) includes the provision that

(i) claims arising out of bodily injury or death have priority, to the extent of $180,000., over claims arising out of loss of, or damage to, property, and

(ii) claims arising out of loss of, or damage to, property have priority, to the extent of $20,000., over claims arising out of bodily injury or death.

Proof by owner for each vehicle

160(4.1)    If the person giving proof of financial responsibility is an owner, the person shall give proof of responsibility that complies with subsection (4) in respect of each vehicle registered in his or her name.

24          Subsection 187(1) is replaced with the following:

Helmets required when on a motorcycle or moped

187(1)      No person shall ride on or operate a motorcycle or moped on a highway without wearing on his or her head a helmet that is properly adjusted and securely fastened, and conforms to the standards and specifications set out in the regulations.

25          Subsection 190(2) is repealed.

26          Subsection 225(5) is amended in the section heading and the part of the subsection before clause (a) by striking out "or (1.1)" and substituting ", (1.1) or (1.2)".

27(1)       The following is added after subsection 238(2):

Penalty for speeding when road workers present

238(2.1)    Any person who contravenes or fails to comply with subsection 95(1.2) is guilty of an offence and liable, on summary conviction, to the fine set out in subsection (2), plus an additional fine of $5. for each kilometre per hour that the vehicle was driven over the maximum speed permissible at the place where the offence was committed.

27(2)       Subsection 238(3) is amended in the part before clause (a) by adding ", (1.2)" after "subsection 95(1)".

28          Clause 239(1)(c) of the English version is amended in the part before subclause (i) by adding ", direction or requirement" after "order".

29(1)       Subsection 254(1) is amended in the part before clause (a) by striking out "section 68 or 71, subsection 86(2) or section 317" and substituting "section 68, 71, 86 or 317".

29(2)       Subsection 254(2) is amended in the part before clause (a) by striking out "subsection 86(2)" and substituting "86".

30          Clause 257.1(1)(a) is amended by striking out "and clauses 134(1)(b) and (c) (railway crossing offences)" and substituting ", clauses 134(2)(b) and (c) (railway crossing offences) and subclauses 134(6)(a)(i) and (b)(i) (railway crossing offences)".

31          The following is added after subsection 264(16):

Interpretation

264(17)     For greater certainty, this section applies to a person who is or was convicted of a Category A or B offence, as defined in subsection (1), whether the sentence or other disposition for the conviction is or was under the Criminal Code, the Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada).

32          Section 266 is repealed.

33          Subsection 278(2) of the English version is amended in the part before clause (a) by adding "of" after "composed".

34          Subsection 279(1.1) is amended in the part before clause (a) by striking out "clause (1)(c) or (d)" and substituting "clause (1.0.1)(a) or (b)".

35          Subsection 279.2(3) is amended by striking out "subsection 279(2.3)" and substituting "subsection 279(2.4)".

36          Subsection 297(1) is repealed.

37          The following is added after clause 319(1)(ccc):

(ccc.1) respecting protective helmets for persons riding on or operating bicycles or power-assisted bicycles;

38(1)       Clauses 322(1)(b) and (c) are replaced with the following:

(b) have been convicted of a contravention of any provision of this Act or the regulations under this Act;

(c) have been convicted of an offence under the Criminal Code, whether the sentence or other disposition for the conviction is or was under the Criminal Code, the Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada);

38(2)       Subsection 322(3) is amended

(a) in the part before clause (a) of the English version, by adding "or her" after "him"; and

(b) by replacing clause (b) with the following:

(b) contained in a report about an offence under the Criminal Code for which the convicted person received a sentence or other disposition under the Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada);

39(1)       Subsection 323(1) is amended

(a) in the part before clause (a),

(i) by striking out ", inspectors,", and

(ii) by striking out everything after "The Civil Service Act"; and

(b) by repealing clauses (a) and (b).

39(2)       The following is added after subsection 323(1):

Inspectors

323(1.1)    The minister may appoint persons or classes of persons as inspectors for the purpose of enforcing this Act and the regulations, and for any other purposes of this Act or the regulations.

Unproclaimed provisions amended

40(1)       Clause 319(1)(aaaa.1), as enacted by clause 37(e) of The Highway Traffic Amendment Act, S.M. 2002, c. 40, is amended in the part before subclause (i) by striking out "for individuals other than drivers".

40(2)       Section 334.1, as enacted by section 40 of The Highway Traffic Amendment Act, S.M. 2002, c. 40, is amended

(a) by renumbering it as section 334.3; and

(b) by striking out "and does not have a valid photo identification card issued under section 27".

Coming into force

41(1)       This Act, except sections 10, 11, 14, 15, 18, 22, 25, 27 and 30, comes into force on the day it receives royal assent.

Coming into force: certain sections on proclamation

41(2)       Sections 10, 11, 14, 15, 18, 22, 25, 27 and 30 come into force on a day to be fixed by proclamation.

Explanatory Note

This Bill amends The Highway Traffic Act. The notable amendments are as follows.

The Bill recognizes a new category of vehicle — power-assisted bicycles — for which the minimum driving age is set at 14 years. Operators of power-assisted bicycles are required to wear helmets and generally are subject to the same driving rules as riders of conventional bicycles. One exception is that power-assisted bicycles may not be driven on sidewalks.

Several provisions dealing with the power of traffic authorities to impose restrictions on the use of highways and structures such as bridges are rationalized and modernized.

As a safety measure for highway construction workers, penalties are increased for speeding offences in construction zones where workers are present or are using equipment.

New requirements are imposed on a driver approaching or passing an emergency vehicle that is stopped on or beside a highway.

Several provisions respecting the stopping of vehicles at railway crossings are rationalized and modernized.  As a new safety measure, a driver is prohibited from stopping with any part of his or her vehicle over a railway track.