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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 32

THE HIGHWAY TRAFFIC AMENDMENT ACT (POWERS OF TRAFFIC AUTHORITIES OVER CYCLING TRAFFIC)


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           The centred heading "DEFINITIONS AND INTERPRETATION" is added before section 1.

3(1)        The definition "traffic" in subsection 1(1) is replaced with the following:

"traffic" includes any of the following, singly or in combination, while on a highway:

(a) vehicles and other conveyances,

(b) bicycles,

(c) pedestrians,

(d) ridden or herded animals; (« circulation »)

3(2)        The following is added before the centred heading "APPLICATION OF ACT":

Interpretation re certain provisions requiring driving on the right

1(4)        When

(a) this Act requires the driver or operator of a vehicle to drive or operate it as close as practicable to the right-hand edge or curb of the roadway or in the extreme right-hand lane of a laned roadway; and

(b) complying with the requirement would require the driver or operator to travel

(i) completely or partly in a traffic lane that is designated for the exclusive or primary use of non-vehicular traffic, or

(ii) between the roadway's right-hand edge or curb and a traffic lane that is designated for the exclusive or primary use of non-vehicular traffic;

the driver or operator is deemed to comply with the requirement if the vehicle is driven or operated as close as is safe and practicable to the boundary of the non-vehicular traffic lane that is closer to the roadway's centre.

Interpretation re certain provisions requiring driving on the left

1(5)        Subsection (4) applies, with necessary changes, when this Act requires the driver or operator of a vehicle to drive or operate it

(a) as close as practicable to the left-hand edge or curb of the roadway; or

(b) in the extreme left-hand lane of a laned roadway.

4           Subsection 90(1) is amended

(a) in clause (a), by striking out "stopping, and standing of vehicles" and substituting "stopping and standing of vehicles and bicycles";

(b) in clause (d), by adding ", including prohibiting certain traffic from travelling on certain routes of travel or requiring certain traffic to travel only on certain routes of travel" at the end;

(c) in clause (l), by adding ", including prohibiting certain traffic from travelling on certain traffic lanes or requiring certain traffic to travel only on certain traffic lanes" at the end;

(d) in clause (n), by adding "or bicycles" after "vehicles"; and

(e) by adding the following after clause (n):

(o) any matter that is prescribed in the regulations;

5           Subsections 145(5) to (7) are replaced with the following:

Operating in accordance with regulations

145(5)      A person operating a bicycle or power-assisted bicycle on a highway must operate it in accordance with the regulations.

Operating in single file

145(6)      A person must not 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 subsection (6)

145(7)      Subsection (6) does not apply

(a) when the person is

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

(ii) overtaking or passing a moped, mobility vehicle, bicycle or power-assisted bicycle; or

(b) if the bicycle or power-assisted bicycle is being operated in circumstances in which the regulations allow it to be operated contrary to that subsection.

6           Subsection 319(1) is amended

(a) by adding the following after clause (ccc.1):

(ccc.2) prescribing how bicycles or power-assisted bicycles are to be operated on highways or, with or without conditions, exempting any of them from the application of a provision of this Act;

(b) by adding the following after clause (jjjj.5):

(jjjj.6) prescribing matters about which a traffic authority may make rules or by-laws for the purpose of clause 90(1)(o);

Coming into force

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

Explanatory Note

Under The Highway Traffic Act, a municipality or First Nation has authority over traffic on highways within the boundaries of its local government jurisdiction (other than provincial highways, which are generally under the jurisdiction of the provincial government). For this purpose, municipalities and First Nations are known as "traffic authorities" under the Act. This Bill gives traffic authorities explicit authority over cycling traffic on the highways that are under their jurisdiction.

The Bill also makes minor amendments to adapt to changes in the ways that vehicles and bicycles use the road. Regulations may be made about how bicycles and power-assisted bicycles are to be operated.