A A A

Second Session, Thirty-Ninth 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 or view the online bilingual version (PDF).

Bill 13

THE HIGHWAY TRAFFIC AMENDMENT ACT (DAMAGE TO INFRASTRUCTURE)


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           The following is added after section 189:

Offence re damaging a highway

189.1(1)    If a highway is damaged by a vehicle or by the load on a vehicle, the following persons are guilty of an offence:

(a) the driver who was driving or towing the vehicle when the damage occurred, and any person who caused or permitted him or her to drive or tow it;

(b) any person who loaded the vehicle, and any person who caused or permitted another person to load the vehicle, if the load

(i) was higher or wider than the maximum height or width allowed under this Act or the regulations, or

(ii) did not comply with the conditions of a permit that had been issued under section 87 in respect of the vehicle or load.

Offence by vehicle owner

189.1(2)    The owner of a vehicle by means of which or in relation to which an offence under subsection (1) is committed is guilty of the same offence.

Penalty

189.1(3)    A person who is guilty of an offence under subsection (1) or (2) is liable on summary conviction to a fine of not more than $5,000.

Coming into force

3           This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill creates a new offence under The Highway Traffic Act for damaging a highway or a highway structure such as a bridge or overpass. The persons who may be charged with the offence are the driver of the vehicle doing the damage and his or her supervisor, the owner of the vehicle and, if the damage is done by a load, the person who loaded the vehicle and his or her supervisor.