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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 42

THE HIGHWAY TRAFFIC AMENDMENT ACT (ENHANCING PASSENGER SAFETY)


  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 146 is replaced with the following:

Riding on a vehicle other than in a seating position

146(1)      Except as permitted by the regulations, a person riding in or on a vehicle that is being driven on a highway must be seated on a part of the vehicle that is designed and equipped for passenger seating.

Riding on trailer prohibited

146(2)      Except as permitted by the regulations, a person must not ride in or on a trailer that is being towed on a highway.

Driver must not drive with passenger in trailer or not in a seating position

146(3)      Except as permitted by the regulations, a driver must not

(a) drive a vehicle on a highway unless every passenger is seated on a part of the vehicle that is designed and equipped for passenger seating; or

(b) tow a trailer on a highway if a person is riding in or on it.

Regulations

146(4)      The Lieutenant Governor in Council may make regulations

(a) respecting the exemption, with or without conditions, of certain classes or types of vehicles or classes of persons from the operation of any of subsections (1) to (3);

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

3           The centred heading before subsection 168(1) is replaced with "REGISTRATIONS, LICENCES AND PERMITS, AND USE OF VEHICLES AND HIGHWAYS GENERALLY".

4           Subsection 183(1) is replaced with the following:

Dangerous or unsafe riding

183(1)      A person must not ride in a dangerous or unsafe manner in or on a vehicle that is being driven on a highway or any trailer that it is towing.

Driver must not drive with passenger riding dangerously or unsafely

183(1.1)    A driver must not drive a vehicle on a highway if a person is riding in a dangerous or unsafe manner in or on the vehicle or any trailer that it is towing.

5           The following is added after section 185:

Safety measures for wheelchair-bound passengers

185.1(1)    Except as permitted by the regulations, a driver must not drive a motor vehicle on a highway unless

(a) every wheelchair or other mobility aid occupied by a person in the motor vehicle is properly secured with a securement device that meets the requirements of the regulations; and

(b) every person occupying a wheelchair or other mobility aid in the motor vehicle is properly restrained by an occupant restraint system that meets the requirements of the regulations.

Regulations

185.1(2)    The Lieutenant Governor in Council may make regulations

(a) respecting the safety of persons occupying wheelchairs and other mobility aids while they are transported in motor vehicles;

(b) respecting securement devices for use in motor vehicles transporting persons occupying wheelchairs or other mobility aids and the proper use of such securement devices;

(c) respecting occupant restraint systems for persons occupying wheelchairs or other mobility aids in motor vehicles and the proper use of such occupant restraint systems;

(d) respecting the exemption, with or without conditions, of certain classes or types of motor vehicles or classes of persons from the operation of subsection (1);

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

6(1)        Subsections 186(3) and (4) are replaced with the following:

Driver must wear seat belt

186(3)      Except as permitted by the regulations, the driver of a motor vehicle that is being driven on a highway must wear, in a properly adjusted and securely fastened manner, the complete seat belt provided for the driver's seating position.

Passengers must wear seat belts

186(4)      Except as permitted by the regulations, a passenger in a motor vehicle that is being driven on a highway must

(a) be seated in a seating position for which a seat belt is provided; and

(b) wear the complete seat belt in a properly adjusted and securely fastened manner.

6(2)        Subsections 186(5), (7) and (8) are repealed.

6(3)        Subsection 186(6) is replaced with the following:

Driver must not drive if passenger not safely seated

186(6)      Except as permitted by the regulations, a driver must not drive a motor vehicle on a highway

(a) unless every person in the motor vehicle who is younger than 18 years of age is wearing, in a properly adjusted and securely fastened manner, the complete seat belt provided for the seating position in which the person is seated;

(b) if more than one person

(i) is seated in a seating position for which a seat belt is provided, or

(ii) is wearing the seat belt provided for a seating position;

(c) if there are more persons in the motor vehicle than there are seating positions for which seat belts have been provided; or

(d) if there are more seating positions in the motor vehicle than were provided by its manufacturer when it was originally manufactured.

Coming into force

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

Explanatory Note

The Highway Traffic Act is amended to require a vehicle's passengers to be seated on a part of the vehicle that is designed and equipped for passenger seating and to prohibit the vehicle's driver from driving while a passenger is not seated properly. Riding in or on a trailer is prohibited and a driver is prohibited from towing a trailer if anyone is riding it. Regulations may be made regarding exemptions from the requirements and prohibitions.

The Act's existing prohibition against dangerous riding on a motor vehicle is reworded for clarity and is made to apply to vehicles of all kinds.

Under a new provision, the driver of a motor vehicle is prohibited from driving if a wheelchair or other mobility aid occupied by a passenger in the motor vehicle is not safely secured or if the passenger is not wearing an occupant restraining device. Regulations may be made regarding the safety of passengers occupying wheelchairs and other mobility aids and regarding exemptions from the prohibition against driving with passengers who have not complied with the securement requirements.

The following amendments are made to the Act's existing requirements regarding seat belt use:

  • Subject to the power to make regulatory exemptions, every person in a motor vehicle must be seated in a seating position that has a seat belt and must wear the seat belt.
  • Exemptions from the requirement to wear a seat belt are repealed in favour of the power to make regulations providing for exemptions.
  • Subject to the power to make regulatory exemptions, the driver of a motor vehicle is prohibited from driving

    –  if more than one passenger occupies a single seating position;

    –  if passengers share a seat belt;

    –  if there are more passengers in the vehicle than seating positions having seat belts; or

    –  if the vehicle has been modified to have more seating positions than its original configuration.