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3rd Session, 40th Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 2

THE HIGHWAY TRAFFIC AMENDMENT ACT (SAFETY OF WORKERS IN HIGHWAY CONSTRUCTION ZONES)


  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 definition "traffic control device" in subsection 1(1) is amended by striking out "by a traffic authority" and substituting "by or on behalf of a traffic authority, or with its permission,".

3           The English version of the centred heading before section 77 is replaced with "CONTROL OF TRAFFIC BY TRAFFIC AUTHORITIES".

4(1)        Subsection 77(1) is amended in the part before clause (a)

(a) by striking out "shall erect" and substituting "of a highway must erect"; and

(b) by striking out "highway; and the traffic control devices shall" and substituting "highway. The traffic control devices must".

4(2)        Subsections 77(7) to (9) are repealed.

5           The following is added after subsection 77(11):

Definitions relating to safety in designated construction zones

77.1(1)     The following definitions apply in this section.

"designated construction zone" means a portion or length of highway

(a) that is under construction;

(b) where or in respect of which any reconstruction, widening, improvement, repairs or other similar work is being done, or is in progress, by or on behalf of the traffic authority of the highway; or

(c) where or in respect of which work that is prescribed in the regulations is being done or is in progress. (« zone de construction désignée »)

"traffic authority" does not include a person or entity, or a class of persons or entities, that is included in the definition "traffic authority" in subsection 1(1) but is excluded from this definition by regulation. (« autorité chargée de la circulation »)

Required signage for designated construction zones

77.1(2)     In accordance with the regulations, a designated construction zone must be identified by traffic control devices placed or erected at its beginning and end that

(a) identify the portion or length of highway as a designated construction zone; and

(b) identify the designated construction zone's beginning and end.

Responsibility for required signage

77.1(3)     The traffic authority of a highway is primarily responsible for identifying a designated construction zone on the highway but may

(a) arrange for a person to place or erect traffic control devices on its behalf for the purpose of subsection (2); or

(b) give permission for a person who is carrying on an activity in the designated construction zone to erect the traffic control devices.

Additional signage for designated construction zones

77.1(4)     When complying with subsection (2), the traffic authority, or a person referred to in clause (3)(a) or (b), may place or erect traffic control devices in the designated construction zone

(a) that are approved under subsection 81(1) or a regulation made for the purpose of this section; and

(b) that provide instructions or directions to persons travelling on the highway.

Maximum permitted speed in a designated construction zone

77.1(5)     The traffic authority of a highway — or a person referred to in clause (3)(a) or (b) and authorized by the traffic authority for the purpose of this subsection — may, while a designated construction zone is identified on the highway in accordance with subsection (2), establish a maximum permitted speed in all or part of the designated construction zone that is lower than the maximum permitted speed otherwise provided for or fixed under this Act. A traffic authority or other person that exercises this power is not required to obtain the traffic board's approval.

How maximum permitted speed is established

77.1(6)     For the purpose of subsection (5), the maximum permitted speed is established when the traffic authority — or a person authorized by it under subsection (4) — places or erects, in accordance with the regulations, traffic control devices stating the maximum permitted speed in the designated construction zone or in the part of the designated construction zone governed by the traffic control devices.

When maximum permitted speed applies

77.1(7)     Unless otherwise stated in a traffic control device placed or erected for the purpose of subsection (5), the maximum permitted speed established by the traffic control device applies

(a) at all hours of the day and on all days of the week, including holidays; and

(b) whether or not workers are present in the construction zone or equipment is being used in it.

Requiring alteration or removal of traffic control devices

77.1(8)     The traffic authority of a highway may require a person who places or erects a traffic control device to alter it or remove it.

Regulations

77.1(9)     The minister may make regulations

(a) approving traffic control devices for the purpose of this section;

(b) requiring traffic authorities to place or erect specified traffic control devices for specified purposes in relation to designated construction zones;

(c) governing the use of traffic control devices by traffic authorities for the purpose of this section;

(d) respecting the safety of persons and vehicles in designated construction zones or other construction zones;

(e) prescribing work for the purpose of clause (c) of the definition "designated construction zone" in subsection (1);

(f) excluding a person or entity, or a class of persons or entities, from the definition "traffic authority" in subsection (1);

(g) respecting any matter the minister considers necessary or advisable to carry out the purposes of this section.

Application of regulations

77.1(10)    A regulation made under subsection (9) may be general or particular in its application and may apply to the whole or any part of the province.

6           The following is added after subsection 81(2):

Exception for certain devices re construction zones

81(3)        Subsection (1) does not apply to a traffic control device erected for the purpose of section 77.1 if the device is approved by a regulation made under that section and erected in accordance with the requirements of that section.

7(1)        Subsection 95(1) is amended

(a) in subclause (a)(ii), by adding "or a designated construction zone that is identified as required by subsection 77.1(2)" at the end; and

(b) by adding the following after clause (b):

(b.1) the maximum permitted speed at a place in a designated construction zone that is identified as required by subsection 77.1(2);

7(2)        Subsections 95(1.1) and (1.2) are replaced with the following:

Meaning of "designated construction zone" in subsection (1)

95(1.1)     In subsection (1), "designated construction zone" has the same meaning as in subsection 77.1(1).

Maximum permitted speed in a designated construction zone

95(1.2)     For the purpose of clause (1)(b.1) (speeding in a designated construction zone), the maximum permitted speed at a place in a designated construction zone is the lesser of

(a) the maximum speed otherwise permitted under clause (1)(a), (b), (c) or (d); and

(b) the maximum permitted speed

(i) established in respect of the place by a traffic control device placed or erected in accordance with section 77.1, and

(ii) stated in the traffic control device.

8(1)        Subsection 238(2) is amended

(a) by striking out "Any person who contravenes or fails to comply with subsection 95(1)" and substituting "A person who contravenes or fails to comply with clause 95(1)(a), (b), (c) or (d)"; and

(b) in the English version, by striking out "liable, on summary conviction," and substituting "is liable on summary conviction".

8(2)        Subsection 238(2.1) is replaced with the following:

Speeding in a designated construction zone

238(2.1)    A person who contravenes or fails to comply with clause 95(1)(b.1) (speeding in a designated construction zone) is guilty of an offence and is liable on summary conviction to the fine set out in subsection (2), plus an additional fine of $7.70 for each kilometre per hour that the vehicle was driven over the maximum speed permissible at the place where the offence was committed.

Additional fine not conditional on construction activity or lower speed limit

238(2.2)    To avoid doubt about the application of the additional fine set out in subsection (2.1), the additional fine applies whether or not

(a) workers were present, equipment was being used or active construction work was being done anywhere in the designated construction zone when the offence was committed; or

(b) the maximum permitted speed at the place where the offence was committed was established under section 77.1.

8(3)        Subsection 238(3) is amended in the part before clause (a) by striking out "Where a person is convicted of an offence under subsection 95(1), (1.2) or (2)" and substituting "When a person is convicted of an offence under subsection 95(1) or (2)".

Coming into force

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

Explanatory Note

Currently under The Highway Traffic Act, a driver who speeds in a construction zone in which workers are present or equipment is being used is subject to the normal speeding fine plus an additional fine of $5 per kilometre per hour of excess speed if conditions about signage are met. This Bill increases the additional fine to $7.70 per kilometre per hour of excess speed and makes it applicable to any construction zone that is signed in accordance with the regulations (defined in the Bill as a "designated construction zone"). The additional fine applies regardless of whether workers are present or equipment is being used in the construction zone. This results in the fine for speeding in a designated construction zone being double the fine for speeding elsewhere.

The traffic authority of a highway is authorized to mark construction zones on the highway as designated construction zones. A traffic authority can give permission to a contractor or other entity working in a construction zone to place or erect the necessary traffic signs to mark it as a designated construction zone.

The Bill permits regulations to be made for the purpose of the Bill, including

  • regulations respecting safety in designated construction zones and other construction zones;
  • regulations about the signage requirements for designated constructions zones; and
  • regulations broadening the definition "designated construction zone".

Minor amendments about traffic signs are made to further the Bill's purpose.