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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 37

THE HIGHWAY TRAFFIC AMENDMENT AND SUMMARY CONVICTIONS AMENDMENT ACT (BICYCLE HELMETS)


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:

PART 1

THE HIGHWAY TRAFFIC ACT

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

1           The Highway Traffic Act is amended by this Part.

2           The following is added after section 145:

Cyclists and passengers under 18 must wear helmets

145.0.1(1)  A person who is under 18 years of age must wear a properly fitted and fastened protective helmet at all times when he or she

(a) drives a bicycle;

(b) rides a bicycle as a passenger; or

(c) rides on or is towed in anything that is attached to or towed by a bicycle.

The helmet must be suitable for cycling use.

Parents' and guardians' responsibility re children

145.0.1(2)  A child's parent or guardian must not allow the child to

(a) drive a bicycle;

(b) ride a bicycle as a passenger; or

(c) ride on or be towed in anything that is attached to or towed by a bicycle;

unless the child wears a properly fitted and fastened protective helmet that is suitable for cycling use.

Driver's responsibility re child passengers

145.0.1(3)  At all times when a child is a passenger on a bicycle, or on or in anything attached to or towed by a bicycle, the bicycle's driver must ensure that the child is wearing a properly fitted and fastened protective helmet that is suitable for cycling use.

Exception for private property

145.0.1(4)  This section applies wherever a bicycle is driven within Manitoba except

(a) on privately owned residential property, including privately owned seasonal residential property; and

(b) on privately owned non-commercial or agricultural property outside an urban municipality on which the cyclist has permission to drive the bicycle from a person who owns or has control over the property.

Offence and penalty

145.0.1(5)  A person who contravenes subsection (1), (2) or (3) is guilty of an offence and, subject to subsection (7), is liable on summary conviction to a fine of not more than $50.

Children under age 14 not subject to penalty

145.0.1(6)  Subsection (5) does not apply to a person who contravenes subsection (1), (2) or (3) if the person is under 14 years of age at the time of the contravention.

Alternative disposition for first offence

145.0.1(7)  When a person's contravention under this section is the person's first offence or, if the regulations extend the application of this subsection, is a subsequent offence,

(a) the person must fulfill the requirements of the regulations applicable to the offence; and

(b) if a justice is satisfied that the person has fulfilled the applicable requirements of the regulations, the justice must stay the proceeding in respect of the offence.

Peace officer to give notice of alternative disposition

145.0.1(8)  A peace officer who issues an offence notice under The Summary Convictions Act for a contravention of subsection (1), (2) or (3) must

(a) inform the accused person about the requirements of subsection (7); and

(b) must, in the offence notice, provide a response period of sufficient length to allow the person a reasonable opportunity to fulfill the applicable requirements of the regulations, having regard to the accused person's circumstances.

Regulations

145.0.1(9)  The Lieutenant Governor in Council may make regulations

(a) for the purpose of subsection (7),

(i) respecting requirements that are to be fulfilled by persons who contravene subsection (1), (2) or (3), and

(ii) extending the application of that subsection to second or subsequent contraventions of any of subsections (1), (2) and (3), and prescribing which of the requirements established under subclause (i) apply to a second or subsequent contravention;

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

Application of regulations

145.0.1(10)  A regulation made under subsection (9) may be general or particular in its application and may apply in whole or in part to one or more classes of persons to the exclusion of others, and to the whole or any part of the province.

3           The following is added after subsection 239(2):

Non-application to bicycle helmet offences

239(3)      Subsections (1) and (2) do not apply to a contravention of section 145.0.1.

4           Clause 319(1)(ccc.1) is replaced with the following:

(ccc.1) respecting protective helmets for persons driving or riding on bicycles or power-assisted bicycles, or riding on or being towed in things attached to or towed by bicycles, including prescribing suitable helmets for the purpose of section 145.0.1;

PART 2

THE SUMMARY CONVICTIONS ACT

C.C.S.M. c. S230 amended

5           The Summary Convictions Act is amended by this Part.

6           The following is added after section 4:

Non-application to bicycle helmet offences

4.1         Section 4 does not apply to a contravention of subsection 145.0.1(1), (2) or (3) of The Highway Traffic Act.

7           The following is added after subsection 13(4):

Procedure regarding bicycle helmet offences

13(5)       When a person is alleged to have contravened subsection 145.0.1(1), (2) or (3) of The Highway Traffic Act, a proceeding under this Act is subject to the requirements of subsection 145.0.1(7) of that Act and any regulations made under that Act for the purpose of that subsection.

8           Clause 21(1.1)(b) is replaced with the following:

(b) an offence

(i) under The Highway Traffic Act, other than an offence under section 145.0.1 of that Act,

(ii) under The Drivers and Vehicles Act, or

(iii) under a regulation made under either of those Acts.

PART 3

COMING INTO FORCE

Coming into force

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

Explanatory Note

This Bill amends The Highway Traffic Act to require cyclists under 18 years of age to wear suitable protective helmets. The requirement also applies to an individual under that age when the individual is a passenger on a bicycle or on or in anything attached to or towed by a bicycle. A person driving a bicycle must ensure that any passenger under 18 years of age wears a suitable protective helmet. A child's parent or guardian is prohibited from allowing the child to cycle without a helmet.

A person who contravenes any of these helmet requirements may, if it is the person's first offence, avoid being fined by fulfilling requirements to be prescribed by regulation. Regulations may be made to extend to second or subsequent offences the option to avoid a fine, and to establish standards or other suitability criteria for helmets.

Children under age 14 are not subject to prosecution for failing to wear a helmet.

The Bill also amends The Summary Convictions Act to facilitate the process for regulatory alternatives to helmet fines and to allow persons who are fined to participate in the fine option program under that Act.