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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 27

THE HIGHWAY TRAFFIC AMENDMENT ACT (CHARTER BUS SERVICE)


  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           Section 280 is amended

(a) in the definition "freight", by striking out "that is a";

(b) in the part of the definition "scheduled-service bus" before clause (a), by adding "public service vehicle" after "means a"; and

(c) by adding the following definitions:

"charter trip" means a prearranged trip

(a) for which a public service vehicle bus is hired for the exclusive transportation of a group of individuals,

(b) by contract between the motor carrier and the person or entity that promotes the charter trip, and

(c) in respect of which individual passengers are not solicited by the motor carrier; (« voyage nolisé »)

"public service vehicle bus" means a public service vehicle that is a bus; (« autobus de transport public »)

3           The following is added after subsection 281(1.3):

Exception for buses used for charter trips

281(1.4)    On and after the coming into force of this subsection,

(a) clauses (1)(c), (e), (j) and (m) do not apply to the operation of a public service vehicle bus in relation to its use for charter trips; and

(b) clauses (1)(b), (g), (h) and (i) apply to the operation of a public service vehicle bus in relation to its use for charter trips only to the extent that they relate to the safe condition of the vehicle and its equipment and to its safe operation.

4(1)        The following is added after subsection 290(2.1):

Exception for buses used for charter trips

290(2.1.1)  On and after the coming into force of this subsection, clause (2)(a) does not apply to the operation of a public service vehicle bus for charter trips.

4(2)        The following is added after subsection 290(3.4):

Effect and application of subsection (3): buses used for charter trips

290(3.5)    Despite subsection (3),

(a) on and after the coming into force of this subsection, no certificate that contains a condition with respect to any matter referred to in

(i) clause 281(1)(c), (e), (j) or (m) shall be issued for a public service vehicle bus in relation to its use for charter trips, or

(ii) clause 281(1)(b), (g), (h) or (i) shall be issued for a public service vehicle bus in relation to its use for charter trips, except to the extent that the matter relates to the safe condition of the vehicle or its equipment or to its safe operation;

(b) any condition with respect to any matter referred to in clause 281(1)(c), (e), (j) or (m) in a subsisting certificate for a public service vehicle bus in relation to its use for charter trips ceases to have effect on the coming into force of this subsection; and

(c) any condition with respect to any matter referred to in clause 281(1)(b), (g), (h) or (i) in a subsisting certificate for a public service vehicle bus in relation to its use for charter trips ceases to have effect on the coming into force of this subsection, except to the extent that the matter relates to the safe condition of the vehicle or its equipment or to its safe operation.

4(3)        The following is added after subsection 290(4.1):

Exception for buses used for charter trips

290(4.2)    Despite subsection (4),

(a) on and after the coming into force of this subsection, subsection (4) does not apply to a certificate issued for the operation of a public service vehicle bus in relation to its use for charter trips; and

(b) any condition with respect to a matter referred to in subsection (4) in a subsisting certificate for a public service vehicle bus ceases, on the coming into force of this subsection, to have effect in relation to its use for charter trips.

5           The following is added after section 290.2:

Application of sections 291 and 292 to charter trips

290.3       Despite sections 291 and 292,

(a) any subsisting tariff of maximum tolls or fixed or minimum toll in respect of the operation of a public service vehicle bus for charter trips ceases to have effect on the day this section comes into force; and

(b) on and after the coming into force of this section, the transport board may not establish a tariff of maximum tolls or prescribe a fixed or minimum toll in respect of public service vehicle buses in relation to their use for charter trips.

6           The following is added after section 292.2:

Application of sections 292.1 and 292.2 to charter trips

292.3       On and after the coming into force of this section, sections 292.1 and 292.2 do not apply to tolls charged for the transportation of passengers in a charter trip by a public service vehicle bus.

7           The following is added after subsection 294(3):

Application of subsection (2) to charter trips

294(4)      On and after the coming into force of this subsection, subsection (2) does not apply to a certificate issued for the operation of a public service vehicle bus in relation to its use for charter trips.

Refusal of renewal: buses used for charter trips

294(4.1)    The transport board may refuse to renew the certificate for a public service vehicle bus in relation to its use for charter trips, or the portion of a certificate that relates to that use of a public service vehicle bus, if the motor carrier does not meet the safety fitness criteria prescribed under subsection 290(9) or hold a valid safety fitness certificate issued under the regulations.

8           The following is added after section 298.1:

Charter contract to be carried by driver

298.2       The driver of a public service vehicle bus that is being driven in the course of a charter trip must have a copy of the contract by which the bus was hired in his or her possession during the trip and must without delay produce it to a peace officer or inspector on demand.

9           The following is added after subsection 299(3):

Exception: buses used for charter trips

299(4)      On and after the coming into force of this subsection, subsection (2) does not apply to the operation of a public service vehicle bus in relation to its use for charter trips.

10          The following is added after subsection 300(4.1):

Exception to subsection (4): charter trips

300(4.2)    On and after the coming into force of this subsection, subsection (4) does not apply in respect of a public service vehicle bus to the extent that it authorizes charter trips.

S.M. 1997, c. 37 (unproclaimed provisions repealed)

11          The following provisions of The Highway Traffic Amendment Act, S.M. 1997, c. 37, are repealed:

(a) section 28 insofar as it enacts the definition "charter trip";

(b) subsection 29(2) insofar as it enacts subsection 281(1.4);

(c) subsection 30(1) insofar as it enacts subsection 290(2.1.1);

(d) subsection 30(2) insofar as it enacts subsection 290(3.5);

(e) section 31 insofar as it enacts section 290.3;

(f) section 32 insofar as it enacts subsection 294(4);

(g) subsection 33(2) insofar as it enacts subsection 300(4.2).

Coming into force

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

Explanatory Note

Currently under The Highway Traffic Act, a person who wishes to obtain a certificate authorizing the person to operate a bus for charter trips must, among other requirements, show that the existing charter bus services do not meet the needs of the community or that public convenience will be promoted by allowing the operation.

Under this Bill the operators of charter bus services are no longer required to show that existing services are insufficient or that more charter bus service will promote public convenience. Operating certificates will be available to operators who satisfy the remainder of the Act's requirements, which relate primarily to vehicle safety and other safety aspects of the operation. Ongoing regulation of buses operated for charter trips will focus on vehicle safety and operational safety. Charter trip fares will not be subject to regulation after the Bill takes effect.