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1st Session, 40th 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 8

THE HIGHWAY TRAFFIC AMENDMENT ACT (USE OF CHILD SAFETY SEATS)


Explanatory Note Bilingual version (PDF)

(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 by adding the following definitions:

"seat belt" has the same meaning as "seat belt assembly";

"seat belt assembly" means a seat belt assembly as defined in the regulations made under the Motor Vehicle Safety Act (Canada); (« ceinture de sécurité »)

3(1)        Subsection 186(1) is replaced with the following:

Definition

186(1)      In this section, "child restraining device" means a child restraining device as defined in the regulations.

3(2)        Subsection 186(2) of the French version is amended by striking out "Loi (canadienne) sur la sécurité des véhicules automobiles" and substituting "Loi sur la sécurité automobile (Canada)".

3(3)        Subsection 186(3) is amended

(a) in the English version,

(i) by striking out "assembly" after "in which a seat belt", and

(ii) by striking out "shall wear a complete seat belt assembly" and substituting "must wear the complete seat belt"; and

(b) by striking out everything after "securely fastened manner".

3(4)         Subsection 186(4) is replaced with the following:

Seat belt required by passenger

186(4)      Subject to subsection (5), a passenger in a motor vehicle that is being driven on a highway and in which a seat belt is provided for the seating position occupied by the passenger must wear the complete seat belt in a properly adjusted and securely fastened manner.

3(5)        Subsection 186(5) is amended

(a) in the English version, by replacing the section heading with "When seat belts not required to be worn";

(b) in clause (b),

(i) by striking out "who holds" and substituting "if the person is named in",

(ii) by striking out everything after "a seat" and substituting "belt, and the certificate is produced to a peace officer on request", and

(iii) in the English version, by adding a comma between "is" and "during";

(c) in the English version of clause (c),

(i) by striking out "where the" and substituting "if a",

(ii) by adding a comma between "that" and "by", and

(iii) by striking out "assembly";

(d) in clause (d) of the English version,

(i) by striking out "he" and substituting "the person",

(ii) by striking out "him" and substituting "the person", and

(iii) by striking out "exceeding 40 kilometres per hour" and substituting "faster than 40 km/h";

(e) in clause (e), by striking out everything after "officer" and substituting "if wearing a seat belt would obstruct or hinder the officer in performing his or her duties";

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

(f) who is engaged in instructing another person to drive;

(g) by replacing clause (h) with the following:

(h) who is a child of an age, weight or height specified in the regulations; or

3(6)        Subsections 186(6) and (7) are replaced with the following:

Drivers' responsibility re young people

186(6)      Subject to subsection (7), no person shall drive on a highway a motor vehicle in which there is a passenger who is younger than 18 years of age and who occupies a seating position for which a seat belt is provided unless the passenger is wearing the complete seat belt in a properly adjusted and securely fastened manner.

When subsection (6) does not apply

186(7)      Subsection (6) does not apply if

(a) the passenger is named in a certificate signed by a qualified medical practitioner certifying that the passenger is, during the period stated in the certificate, unable for medical reasons to wear a seat belt, and the certificate is produced to a peace officer on request;

(b) a peace officer is satisfied that, by reason of the passenger's size, build or other physical characteristics, the passenger is unable to wear a seat belt;

(c) the passenger is engaged in work which requires the passenger to alight from and re-enter the motor vehicle at frequent intervals and it is not being driven at a speed faster than 40 km/h;

(d) the passenger is in the care or custody of a peace officer; or

(e) the passenger is a child of an age, weight or height specified in the regulations.

3(7)        Subsection 186(8) is amended

(a) in the English version, by replacing clause (a) with the following:

(a) a peace officer who, while performing his or her duties, is transporting a person in the officer's care or custody;

(b) by replacing clauses (b) and (c) with the following:

(b) the driver of a taxicab or livery motor vehicle while he or she is transporting a passenger for hire; or

(c) a medical attendant who is attending to a patient being transported in an ambulance.

3(8)        Subsection 186(9) is replaced with the following:

Child restraining devices

186(9)      No person shall drive a motor vehicle on a highway unless every passenger who is of an age, weight or height specified in the regulations is properly seated and restrained in a child restraining device as required by the regulations.

3(9)        Subsection 186(10) of the French version is amended by striking out "Loi (canadienne) sur la sécurité des véhicules automobiles" and substituting "Loi sur la sécurité automobile (Canada)".

3(10)       Subsection 186(11) of the French version is amended

(a) by striking out "Loi (canadienne) sur la sécurité des véhicules automobiles" and substituting "Loi sur la sécurité automobile (Canada)"; and

(b) by striking out "partie" and substituting "pièce".

3(11)       Subsection 186(13) is amended by striking out "over 5 years of age but".

3(12)       Subsection 186(14) is replaced with the following:

Regulations

186(14)     The Lieutenant Governor in Council may make regulations

(a) defining "child restraining device";

(b) prescribing standards to which child restraining devices must conform and governing or prohibiting the sale or use of child restraining devices that do not meet the requirements of the standards;

(c) for the purpose of clause (5)(h), specifying the age and physical characteristics of children who are exempt from the application of subsection (4);

(d) for the purpose of clause (7)(e), specifying the age and physical characteristics of children who are exempt from the application of subsection (6);

(e) for the purpose of subsection (9), respecting child restraining devices and their proper use, including

(i) specifying the age and physical characteristics of children who are required to be seated in child restraining devices,

(ii) classifying children based on age, physical characteristics or other characteristics,

(iii) prescribing different child restraining devices for different classes of children,

(iv) prescribing the manner in which a child is to be seated and restrained in a child restraining device, and

(v) prescribing the manner in which a child restraining device is to be installed or secured in a motor vehicle;

(f) respecting the exemption, with or without conditions, of certain classes or types of vehicles or classes of persons from the operation of a provision of this section;

(g) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this section.

Coming into force

4           This Act comes into force on a day to be fixed by proclamation.

Explanatory Note

This Bill amends The Highway Traffic Act in relation to the use of child restraining devices (infant car seats and booster seats).

Currently under the Act, a child under five riding in a motor vehicle must be secured in a child restraining device. Recent advances in understanding about the use of child restraining devices suggest that age taken alone is not an adequate criterion for determining when a child ought to be in a child restraining device and that age five is not the correct age threshold. This Bill allows regulations to be made specifying the age and physical characteristics of children who must be seated in infant car seats or booster seats. Regulations may also be made approving types of child restraining devices for certain classes of children and specifying how the devices are to be used.

The Bill also rewrites for clarity some of the Act's provisions regarding seat belt use.