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2nd 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 23

THE HIGHWAY TRAFFIC AMENDMENT ACT (INCREASED SANCTIONS FOR STREET RACING)


  Bilingual version (PDF) 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 centred heading before section 242.4 is replaced with "MOTOR VEHICLES INVOLVED IN RACING – SEIZURE, IMPOUNDMENT AND DRIVER'S LICENCE SUSPENSION".

3(1)        Subsection 242.4(2) is amended by striking out "48 hours" and substituting "seven days".

3(2)        Subsection 242.4(3) is amended by adding "or (17)" after "subsection (2)".

3(3)        The following is added after subsection 242.4(16):

Racing — suspension of driver's licence

242.4(17)   A peace officer who has reason to believe that a motor vehicle is being or has been driven on a highway in a race may, under subsection (18), impose a driver's licence suspension or driving disqualification on the driver.

Suspension and disqualification by order

242.4(18)   In the circumstances described in subsection (17), the peace officer may, on the registrar's behalf, take whichever of the following actions applies to the driver:

(a) if the driver holds a valid driver's licence, the peace officer may

(i) take possession of it, and

(ii) by serving a suspension and disqualification order on the driver, suspend the driver's licence and disqualify the driver from driving a motor vehicle in Manitoba for seven days;

(b) if the driver holds a valid out-of-province driving permit, the peace officer may, by serving a suspension and disqualification order on him or her, disqualify him or her from holding a driver's licence or driving a motor vehicle in Manitoba for seven days;

(c) if the driver does not hold a valid driver's licence or out-of-province driving permit, the peace officer may, by serving a suspension and disqualification order on him or her, disqualify him or her from holding a driver's licence or driving a motor vehicle in Manitoba for seven days.

Documents to be sent to registrar

242.4(19)   A peace officer who serves a suspension and disqualification order under subsection (18) must, without delay, send to the registrar

(a) a copy of the completed order; and

(b) a report sworn or solemnly affirmed by the peace officer.

Use of required forms

242.4(20)   A suspension and disqualification order and peace officer's report under this section must be in the form, contain the information and be completed in the manner required by the registrar.

Duty to surrender driver's licence

242.4(21)   On being served with the suspension and disqualification order, the driver must without delay surrender his or her driver's licence to the peace officer, but the driver's licence is suspended whether or not the driver surrenders it.

Return of driver's licence

242.4(22)   When a suspension and disqualification period under this section ends, the surrendered driver's licence must be returned without delay to the licence holder except when he or she is otherwise not eligible to hold a driver's licence.

Reinstatement charges

242.4(23)   A person whose driver's licence is suspended under this section or who is disqualified under this section from holding a driver's licence or driving a motor vehicle in Manitoba must pay the reinstatement charge specified in relation to this section in the regulations made under section 331.

4           Subsection 279(3) is amended by striking out "or" at the end of clause (b) and adding the following as clause (b.1):

(b.1) an action taken by a peace officer under section 242.4 (street racing); or

Coming into force

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

Explanatory Note

Under The Highway Traffic Act the police may seize a motor vehicle used in street racing and impound it for 48 hours. This Bill increases the impoundment period to seven days and gives the police the authority to suspend the driving privileges of the vehicle's driver for the same period.