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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 41

THE HIGHWAY TRAFFIC AMENDMENT ACT (ENHANCED SAFETY REGULATION OF HEAVY MOTOR VEHICLES)


  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           Subsection 1(1) is amended

(a) by replacing the definition "commercial truck" with the following:

"commercial truck" means a truck that is not a public service vehicle, but does not include

(a) a truck, regardless of registered gross weight, that is used solely for personal transportation, or

(b) a truck or class of trucks that is excluded from this definition by regulation; (« véhicule commercial »)

(b) by adding the following definitions:

"GVWR" means the gross vehicle weight rating of a vehicle

(a) specified by the vehicle manufacturer, or

(b) if no rating is specified by the vehicle manufacturer, specified by the registrar under section 322.3,

as the maximum loaded weight of the vehicle; (« PNBV »)

"regulated vehicle" means a commercial truck, a self-propelled public service vehicle, a school bus or another motor vehicle that meets either or both of the following criteria:

(a) its registered gross weight is 4,500 kg or more,

(b) its seating capacity is 11 or more persons, including the driver,

but does not include a motor vehicle or class of motor vehicles that is excluded from this definition by regulation; (« véhicule réglementé »)

(c) in clause (b) of the definition "driver's licence" by striking out "subsection 279(3)" and substituting "279(23),".

3           Subsection 2(2) is repealed.

4           The heading for Part VIII is replaced with "PUBLIC SERVICE VEHICLES, COMMERCIAL TRUCKS AND REGULATED VEHICLES".

5           Section 280 is amended by adding the following definition:

"operate" means operate as defined in the regulations; (« exploiter »)

6           Subsection 281(3) and section 286 are repealed.

7           Section 287 is replaced with the following:

Suspended or cancelled certificate's effect on registration

287         When the certificate of a motor carrier to operate a public service vehicle is suspended or cancelled, the vehicle's registration under The Drivers and Vehicles Act is, upon the registrar's receipt of notice of that fact from the transport board, also suspended or cancelled.

8           Section 289 is repealed.

9(1)        Subsections 290(2.2) and (2.3) are repealed.

9(2)        The following is added after subsection 290(7):

Safety fitness requirements for motor carriers and operators of regulated vehicles

290(7.1)    A person must not

(a) operate a regulated vehicle;

(b) as the operator of a regulated vehicle, permit it to be driven on a highway or to tow another vehicle on a highway; or

(c) as a motor carrier that operates a public service vehicle that is a trailer, permit it to be towed on a highway;

unless the person meets the safety fitness criteria prescribed under subsection (9) and holds a valid safety fitness certificate issued under the regulations.

Safety fitness requirements for motor carriers with p.s.v.'s under 4,500 kg

290(7.2)    A motor carrier must not

(a) operate a public service vehicle that has a registered gross weight less than 4,500 kg;

(b) in the case of a public service vehicle that is a motor vehicle and has a registered gross vehicle weight less than 4,500 kg, permit it to be driven on a highway or to tow another vehicle on a highway; or

(c) in the case of a trailer that has a registered gross weight less than 4,500 kg, permit it to be towed on a highway;

unless the motor carrier meets the safety fitness criteria prescribed under subsection (9).

9(3)        Subsection 290(9) is amended

(a) in clause (a), by adding "and operators of regulated vehicles other than public service vehicles and commercial trucks" at the end; and

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

(c) defining "operate" for the purpose of this Part or a regulation made under this Part or of a regulation about public service vehicles or commercial trucks, or regulated vehicles that are not public service vehicles or commercial trucks.

10          Section 295 is repealed.

11          Section 296 is amended

(a) by striking out "or bond";

(b) by striking out "the registrar in accordance with subsection 295(1), shall not be" and substituting "the department for the purpose of this Part or of a regulation made for the purpose of this Part, is not"; and

(c) by striking out "registrar is" and substituting "department is".

12          Subsections 297(2) to (4) are replaced with the following:

Inspection by inspector or other peace officer

297(2)      An inspector or other peace officer may

(a) enter any place where a regulated vehicle, or a public service vehicle or commercial truck that is not a regulated vehicle, is kept, stored or repaired; and

(b) inspect any of those vehicles in the place.

Authority to order unsafe vehicles out of service

297(3)      An inspector or other peace officer may order a regulated vehicle, or a public service vehicle or commercial truck that is not a regulated vehicle, out of service if the inspector or other peace officer has reason to believe that it

(a) is unsafe for use on the highway; or

(b) does not comply with this Act or the regulations.

Out-of-service vehicle must not be driven or operated

297(3.1)    After an order is made under subsection (3), a person must not drive or operate the out-of-service vehicle until it has been inspected and approved by an inspector.

Exception for towing out-of-service vehicle

297(3.2)    A person does not contravene subsection (3.1) by towing an out-of-service vehicle to remove it from the highway or to a place to have it repaired.

Inspection on highway

297(4)      At any time, an inspector or other peace officer may inspect a vehicle being driven or towed on a highway to determine whether the vehicle is a regulated vehicle or is being operated as a public service vehicle or commercial truck. The inspector or other peace officer may also inspect the vehicle's load for the same purpose.

Cooperation by driver

297(4.1)    The driver of a vehicle inspected under subsection (4) must provide any reasonable assistance and information that the inspector or other peace officer requires to carry out the inspection.

13           Sections 298 and 298.1 are replaced with the following:

Certificate to be carried by driver of passenger p.s.v.

298         The driver of a passenger public service vehicle must have a copy of the motor carrier's certificate in relation to the vehicle in his or her possession or in the vehicle and must without delay produce it to an inspector or other peace officer on demand.

Documents to be carried by driver

298.1       The driver of a regulated vehicle, and every other person who holds a driver's licence or out-of-province driving permit authorizing the person to drive the vehicle and is in it for the purpose of driving it,

(a) must have in his or her possession or in the vehicle a record of his or her hours of service in the form prescribed by the regulations; and

(b) must without delay produce the record to an inspector or other peace officer on demand.

14          Subsection 300(3.1) is amended in the part before clause (a) and in subclauses (a)(i) and (ii) by striking out "of a registered gross vehicle weight in excess of 4,500 kg" and substituting "that has a registered gross weight of 4,500 kg or more".

15(1)       Subsections 314(2) and (3) are replaced with the following:

Identification of owners of regulated vehicles and other p.s.v.'s and commercial trucks

314(2)      The owner of a regulated vehicle, or a public service vehicle or commercial truck that is not a regulated vehicle, must ensure that it displays in a conspicuous place on each of its lateral sides the owner's name or a distinctive mark or graphic that readily identifies the owner.

Size and colour of lettering

314(3)      For the purpose of subsection (2) when the owner's name is displayed in letters and figures,

(a) each letter or figure must be at least 5 cm tall and 5 cm wide; and

(b) the letters and figures must contrast with the background on which they are displayed and be easily legible.

15(2)       Subsection 314(4) is repealed.

16          Subsections 318(1) to (7) and (12) to (14) are repealed.

17          The centred heading before section 318.1 is replaced with "SAFETY OF PUBLIC SERVICE VEHICLES AND REGULATED VEHICLES OTHER THAN PUBLIC SERVICE VEHICLES".

18(1)       Subsection 318.1(1) is replaced with the following:

Disclosure by driver of p.s.v. or regulated vehicle that is not p.s.v.

318.1(1)    Before first being engaged to drive a public service vehicle or a regulated vehicle that is not a public service vehicle, a person must disclose in writing to the vehicle's operator

(a) the name of each province or territory of Canada or state, district or territory of the United States in which the person holds an out-of-province driving permit;

(b) the class of out-of-province driving permit held in each place;

(c) whether any of the out-of-province driving permits are or have been suspended or cancelled; and

(d) the name in which each out-of-province driving permit was issued.

18(2)       Subsections 318.1(1.1) and (2) are repealed.

18(3)       Subsection 318.1(3) is amended

(a) by replacing the part before clause (a) with "A person engaged to drive a public service vehicle or a regulated vehicle that is not a public service vehicle must, without delay, disclose in writing to the vehicle's operator";

(b) in clause (b),

(i) in the part before subclause (i) of the English version, by adding "the following:" at the end,

(ii) in subclause (ii), by striking out "(Canada)",

(iii) by striking out "and" at the end of subclause (iv) and replacing subclause (v) with the following:

(v) any Act or regulation prescribed by regulation,

(vi) any by-law made by a traffic authority and prescribed by regulation; and

(c) in clause (c), by striking out "his driver licence" and substituting "the person's driver's licence or an out-of-province driving permit held by the person".

19          Section 318.2 is amended

(a) by replacing the part before clause (a), with "A driver must not drive or tow a public service vehicle, or drive a regulated vehicle that is not a public service vehicle alone or in combination with another vehicle, on a highway unless" and

(b) in clauses (a) and (c), by striking out "the vehicle" and substituting "every vehicle driven or towed".

20          Subsections 318.3(1) and (2) are replaced with the following:

Drivers' hours of service

318.3(1)    A driver must not drive a public service vehicle or a regulated vehicle that is not a public service vehicle on a highway in contravention of the regulations respecting permitted hours of service of drivers.

Driver records

318.3(2)    The driver of a public service vehicle or a regulated vehicle that is not a public service vehicle

(a) must make and maintain the records respecting hours of service prescribed by the regulations; and

(b) must, without delay after making the record, provide a copy to the vehicle's operator in accordance with the regulations.

21          Section 318.4 is amended

(a) by replacing the part before clause (a), with "A driver must not drive a public service vehicle or a regulated vehicle that is not a public service vehicle on a highway unless"; and

(b) in clause (a), by striking out "property" and substituting "cargo".

22          Sections 318.5 and 318.6 are replaced with the following:

Manitoba resident compliance officer — motor carriers

318.5(1)    A motor carrier that operates a public service vehicle must ensure that a person who resides in Manitoba is designated in writing to be responsible for promoting compliance by the motor carrier and the motor carrier's employees with this Act and the regulations.

Manitoba resident compliance officer — regulated vehicles other than p.s.v.'s

318.5(2)    The operator of a regulated vehicle that is not a public service vehicle must ensure that a person who resides in Manitoba is designated in writing to be responsible for promoting compliance by the operator and the operator's employees with this Act and the regulations.

Initial review of driving record by operator

318.6(1)    Before engaging a person to drive a public service vehicle or a regulated vehicle that is not a public service vehicle, the vehicle's operator must

(a) if the person holds a driver's licence, obtain the person's driving record from the registrar; or

(b) if the person does not hold a driver's licence, obtain the person's driving record from the appropriate authority in each province or territory in Canada and each state, district or territory of the United States

(i) disclosed by the person under section 318.1, or

(ii) otherwise known by the operator to have granted an out-of-province driving permit to the person;

and must review the driving record and determine whether the person is fit to drive the vehicle.

Annual review of driving record by operator

318.6(2)    During each 12-month period of a person's engagement to drive a public service vehicle or a regulated vehicle that is not a public service vehicle, the vehicle's operator must

(a) if the person holds a driver's licence, obtain the person's driving record from the registrar current to a date no earlier than 30 days before it is obtained; or

(b) if the person does not hold a driver's licence, obtain the person's driving record, current to a date no earlier than 12 months before it is obtained, from the appropriate authority in each province or territory in Canada and each state, district or territory of the United States

(i) disclosed by the person under section 318.1, or

(ii) otherwise known by the operator to have granted an out-of-province driving permit to the person;

and must review the driving record and determine whether the person continues to be fit to drive the vehicle.

23(1)       Subsections 318.7(1) and (2) are replaced with the following:

Maintenance of vehicles

318.7(1)    The operator of a public service vehicle or a regulated vehicle that is not a public service vehicle must

(a) maintain the vehicle in safe operating condition in accordance with standards of safety and repair applicable to it prescribed by the regulations; and

(b) ensure that no driver drives the vehicle on the operator's behalf unless defects listed in a driver inspection or other report prescribed by the regulations have been remedied so as to comply with prescribed standards of safety and repair applicable to the vehicle.

Manufacturers' notices

318.7(2)    On becoming aware of a notice of defect issued by the manufacturer of a public service vehicle or a regulated vehicle that is not a public service vehicle, the operator of a vehicle of that type must, without delay, remedy the defect in accordance with the manufacturer's instructions.

23(2)       Subsection 318.7(3) is amended

(a) by striking out "A motor carrier shall" and substituting "The operator of a public service vehicle or a regulated vehicle that is not a public service vehicle must"; and

(b) by striking out everything after "with respect to" and substituting "the vehicle.".

24(1)       Subsection 318.8(1) is amended

(a) in the part before clause (a), by striking out "a motor carrier shall keep the following records at the carrier's" and substituting "the operator of a public service vehicle or a regulated vehicle that is not a public service vehicle must keep the following records at the operator's";

(b) in clause (a) of the English version, by striking out "driver's" and substituting "drivers'"; and

(c) by replacing clauses (f) and (g) of the English version with the following:

(f) records of actions taken under subsection 318.7(3); and

(g) other records that the regulations require the operator to make and keep.

24(2)       Subsection 318.8(2) is amended

(a) by striking out "Where at the request of a motor carrier" and substituting "If at the request of the operator of a public service vehicle or a regulated vehicle that is not a public service vehicle"; and

(b) by striking out "the motor carrier shall" and substituting "the operator must".

25          Section 318.9 is replaced with the following:

Operator to ensure driver compliance

318.9       The operator of a public service vehicle or a regulated vehicle that is not a public service vehicle must ensure that a driver who drives the vehicle on the operator's behalf complies with sections 298.1 and 318.2 to 318.4.

26(1)       Subsection 318.10(1) is amended by striking out "For the purpose of" and substituting "In".

26(2)       Subsection 318.10(2) is amended

(a) in clause (a), by striking out "motor carrier's records" and substituting "records of the operator of a public service vehicle or a regulated vehicle that is not a public service vehicle";

(b) in the part of clause (b) before subclause (i), by striking out "motor carrier" and substituting "operator"; and

(c) in clause (c) of the English version, by striking out "shall" wherever it occurs and substituting "must".

26(3)       Subsections 318.10(5) and (6) of the English version are amended by striking out "his" and substituting "the person's".

27          Subsection 319(1) is amended

(a) by repealing clause (pp);

(b) in clause (eee), by striking out "temporary commercial truck permits,";

(c) in clause (sss.1), by striking out "registered gross weight of 4,500 kg or more and regulated school buses" and substituting "GVWR of 4,500 kg or more and regulated vehicles";

(d) in clause (ttt)

(i) in the part before subclause (i), by striking out "public service vehicles, commercial trucks having a registered gross weight of 4,500 kilograms or more and regulated school buses" and substituting "public service vehicles of any weight, vehicles having a GVWR of 4,500 kg or more, and regulated vehicles that are not public service vehicles", and

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

(ii.1) for the purpose of subclause 318.1(3)(b)(vi) or 322.1(1)(b)(vi) or prescribing by-laws made by traffic authorities,

28          The part of subsection 322(2) before clause (a) is amended by striking out "subsections (3), (3.1), (3.2) and (7)" and substituting "subsections (3) to (3.2)".

29(1)       Subsection 322.1(1) is amended

(a) by replacing the section heading with "Safety compliance records of operators of regulated vehicles";

(b) in the part before clause (a), by striking out "shall maintain a record for each motor carrier" and substituting "must maintain a record for every operator of a regulated vehicle";

(c) in clause (a), by striking out "public service vehicles and commercial trucks having a registered gross weight of 4,500 kilograms or more operated by the motor carrier" and substituting "regulated vehicles operated by the operator";

(d) in clause (b),

(i) by replacing the part before subclause (i) with "convictions against the operator and drivers engaged by the operator, and penalties imposed on any of them, for offences arising from operating or having care and control of a regulated vehicle under the following:",

(ii) in subclause (ii), by striking out "(Canada)", and

(iii) by striking out "and" at the end of subclause (iv) and adding the following after subclause (v):

(vi) any by-law made by a traffic authority and prescribed by regulation;

(e) by replacing clause (c) with the following:

(c) the cancellation or suspension of the driver's licence or out-of-province driving permit of a driver engaged by the operator, or the prohibition of such a driver from driving, under any of the Acts or regulations described in clause (b);

(f) by repealing clause (d);

(g) in clause (e),

(i) by striking out "public service vehicles or commercial trucks having a registered gross weight of 4,500 kilograms or more" and substituting "regulated vehicles", and

(ii) by striking out "motor carrier" and substituting "operator";

(h) in clause (f), by striking out "records of a motor carrier" and substituting "the operator's records";

(i) by replacing clause (g) with the following:

(g) in the case of an operator that is a motor carrier, dispositions of proceedings before the transport board to

(i) suspend or cancel the operator's certificate to operate a public service vehicle, or

(ii) otherwise impose a sanction on the operator;

(j) in clause (h), by striking out "where a motor carrier registers a public service vehicle or a commercial truck having a registered gross weight of 4,500 kilograms or more" and substituting "when the operator registers a regulated vehicle"; and

(k) in clause (i), by striking out "motor carrier" and substituting "operator".

29(2)       Subsection 322.1(2) is amended by striking out "a motor carrier operating a public service vehicle or a commercial truck having a registered gross weight of 4,500 kilograms or more" and substituting "the operator of a regulated vehicle".

29(3)       Subsection 322.1(3) is amended

(a) in the section heading of the English version, by striking out "Motor carrier" and substituting "Operator";

(b) in the part before clause (a) and the part of clause (a) before subclause (i), by striking out "motor carrier" and substituting "operator";

(c) in subclauses (a)(i), (ii) and (iv) and clauses (b) and (c), by striking out "motor carrier's" and substituting "operator's"; and

(d) in clause (d), by striking out "$25,000. on the motor carrier" and substituting "$25,000 on the operator".

29(4)       Subsection 322.1(4) is repealed.

29(5)       Subsection 322.1(5) is amended

(a) in the section heading, by striking out "motor carrier" and substituting "operator"; and

(b) in the subsection, by striking out "A motor carrier" and substituting "An operator".

29(6)       Subsections 322.1(10) and (11) are replaced with the following:

Safety fitness rating must not be misrepresented

322.1(10)   An operator must not advertise or claim that the operator has a Manitoba safety fitness rating that is different from the rating as currently determined under the assessment system established under subsection (2).

Prohibition on operating when safety fitness rating unsatisfactory

322.1(11)   An operator must not operate a regulated vehicle in Manitoba if the operator has an unsatisfactory safety fitness rating under this section.

29(7)       Subsection 322.1(12) is amended

(a) in the section heading of the English version, by striking out "carrier" wherever it occurs and substituting "operator"; and

(b) in the subsection,

(i) by striking out "A motor carrier shall" and substituting "An operator must", and

(ii) by striking out "a motor carrier" and substituting "an operator".

30          Subsection 322.2(1) is amended in the part before clause (a) by striking out "commercial trucks that have a registered gross weight of 4,500 kg or more, or regulated school buses," and substituting "regulated vehicles that are not public service vehicles".

31          The following is added before the centred heading "APPOINTMENT OF OFFICERS":

SPECIFICATION OF GVWR BY REGISTRAR

Specification of GVWR by registrar

322.3       The registrar may specify the GVWR of a vehicle for any purpose of this Act or the regulations if

(a) the vehicle's manufacturer does not specify the GVWR; or

(b) the GVWR specified by the vehicle's manufacturer is not known and cannot be determined.

Consequential amendment, C.C.S.M. c. D104

32          Subsection 125(3) of The Drivers and Vehicles Act is amended in the part before clause (a) by striking out "commercial trucks that have a registered gross weight of 4,500 kg or more, or regulated school buses," and substituting "regulated vehicles, as defined in subsection 1(1) of The Highway Traffic Act, that are not public service vehicles".

Coming into force

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

Explanatory Note

Currently under The Highway Traffic Act, certain motor vehicles and trailers that carry passengers or cargo for compensation and certain other heavy trucks (having a registered weight of 4,500 kg or more) — known respectively as public service vehicles and commercial trucks — are regulated to encourage operational and mechanical safety.

This Bill amends the Act so that substantially all motor vehicles having seating for 10 or more passengers or a registered weight of 4,500 kg are subject to the same rules about operational and mechanical safety.

The amendments establish a new category of heavy motor vehicles to be known as "regulated vehicles" and bring a number of previously exempt trucks into the commercial truck category by repealing the exemptions. That repeal will require those trucks to be registered as commercial trucks. Regulations may be made to exempt motor vehicles from the definitions "commercial truck" and "regulated vehicle".

The Bill makes minor amendments to the heavy vehicle safety framework intended to ensure its effectiveness and corrects two cross-references in unrelated provisions.