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The Highway Traffic Amendment Act

S.M. 1988-89, c. 14

Bill 21, 1st Session, 34th Legislature

The Highway Traffic Amendment Act

(Assented to December 20, 1988)

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 in the manner set forth in this Act.

Section 1 amended

2           Section 1 is amended by

(a) repealing the definitions of "axle assembly" and "axle group" and substituting in alphabetical order the following:

"single axle" means single axle as defined in the regulations; («essieu simple »)

"axle group" means axle group as defined in the regulations; («groupe d'essieux»)

(b) repealing the definition of "motor vehicle" and substituting the following:

"motor vehicle" means a vehicle not run upon rails that is designed to be self-propelled or propelled by electric power obtained from overhead trolley wires, and includes a snow vehicle capable of registration under subsection 5(13), but does not include a farm tractor, a self-propelled implement of husbandry, a special mobile machine, or an off-road vehicle; («véhicule automobile»)

(c) adding in alphabetical order the following definition:

"off-road vehicle" means a vehicle as defined in The Off-Road Vehicles Act; («véhicule à caractère non routier»)

(d) by adding in alphabetical order the following definition;

"regulated school bus" means a school bus with a seating capacity of more than 10 including the driver; («autobus scolaire réglementé»)

(e) repealing the definition of "snow vehicle" and substituting the following:

"snow vehicle" means a vehicle that has a gross vehicle weight exceeding 454 kilograms and

(a) is not equipped with wheels, but in place thereof is equipped with tractor treads alone or with tractor treads and skis, or with skis and a propeller, or is a toboggan equipped with tractor treads or a propeller,

(b) is designed primarily for operating over snow or ice, and is used primarily for that purpose, and

(c) is designed to be self-propelled; («motoneige»)

Subsection 5(20) rep. and sub.

3           Subsection 5(20) is repealed and the following is substituted:

Refusal to register certain vehicles

5(20)       The registrar shall refuse to register any vehicle which, in the registrar's opinion, would, if operated on a highway, create a hazard or be likely to endanger persons or property.

Clause 8(l)(b) amended

4           Clause 8(l)(b) is amended by striking out "subject to subsection 67(9),".

Subsection 61(1) repealed

5(1)        Subsection 61(1) is repealed.

Section 67 repealed

5(2)        Section 67 is repealed.

Section 68(1) amended

6(1)        Subsection 68(1) is amended by repealing the definitions of "gross weight of any axle assembly" and "width of tire".

Subsection 68(3) rep. and sub.

6(2)        Subsection 68(3) is repealed and the following is substituted:

Regulations

68(3)       The Lieutenant Governor in Council may make regulations respecting the vehicles or classes of vehicles or combination of vehicles operating on highways or classes of highways or industrial roads or subdivisions of industrial roads, and without limiting the generality of the foregoing,

(a) prescribing permissible width, height and length, projections and overhangs of and from loads;

(b) providing permissible gross vehicle weights and axle loadings, weights of tires, axles or wheels, numbers of axles or wheels, spacings of axles, weights on axle groups and weights according to wheelbase for any class of vehicles or combination of vehicles and the method of determining wheelbase;

(c) respecting the standards for signs and equipment and types of oversize or overloaded vehicles with respect to which pilot or escort vehicles are, as a term of a permit under section 87, required to be used;

(d) respecting the weighing of vehicles and the furnishing of satisfactory evidence of weight;

(e) prescribing means of vehicle identification to be used in addition to number plates;

(f) subdividing or establishing a class of highways and designating a highway as within the subdivision or class; and

(g) exempting vehicles or classes of vehicles from regulations made under this subsection.

Validation

68(3.1)     The regulation entitled "Vehicle Weights and Dimensions on Classes of Highway Regulation" made by the Lieutenant Governor in Council on December 14, 1988 is validated and is deemed to have been lawfully made on December 14, 1988.

Subsection 68(4) amended

6(3)        Subsection 68(4) is amended by

(a) repealing the subsection heading and substituting "Breach of weights and dimensions regulations", and

(b) repealing everything after "subdivision thereof" and substituting:

in contravention of the regulations respecting

(a) permissible width, height and length of vehicles or classes of vehicles, and projections and overhangs of and from loads;

(b) permissible gross vehicle weights and axle loadings, weights of any tire, axles or wheels, number of axles or wheels, spacings of axles, the weights on axle groups and weights according to wheelbase for any class of vehicles or combination of vehicles; or

(c) the standards for signs and equipment and types of oversize or overloaded vehicles with respect to which pilot or escort vehicles are, as a term of a permit under section 87, to be used.

Subsection 68(5), (6) and  (10) rep.

6(4)        Subsections 68(5), (6), and  (10) are repealed.

Subsection 68(15) repealed

6(5)        Subsection 68(15) is repealed.

Section 70 amended

7           Section 70 is amended by adding "or the regulations" after "Act".

Subsection 72(6) amended

8           Subsection 72(6) is amended by striking out "an axle assembly" and substituting "a single axle or axle group".

Subsection 86(3) amended

9           Subsection 86(3) is amended by striking out "axle assembly" and substituting "single axle or axle group".

Clause 90(l)(m) repealed

10          Clause 90(l)(m) is repealed.

Subsections 219(1) and  (2) repealed

11          Subsections 219(1) and  (2) are repealed.

Section 265.1 added

12          The following is added after section 265:

Request for surrender of licence

265.1(1)    A peace officer who believes, on reasonable and probable grounds, that a driver of a public service vehicle or a commercial truck having a registered gross weight of 4,500 kilograms or more is in contravention of this Act or regulations respecting hours of service, shall request the driver to surrender his licence.

Surrender of licence

265.1(2)    Upon a request being made under subsection (1), the driver shall without delay surrender his licence to the peace officer.

Automatic suspension of licence

265.1(3)    Upon a request being made under subsection (1), whether or not the driver surrenders his licence to the peace officer, the driver's licence is suspended and invalid for any purpose for the following period:

(a) where a record of hours of service is produced by the driver, for a period commencing from the time of the request and ending at the time at which the peace officer estimates that the driver will comply with the hours of service regulation, but the period of the suspension shall not exceed the number of hours prescribed by regulation, and

(b) where no record of hours of service is provided by the driver, for the number of hours prescribed by regulation.

Duties of peace officer

265.1(4)    Where under this section the licence of a driver is suspended, the peace officer who requested the surrender of the licence shall

(a) keep a written record of the licence suspended with the name and address of the driver and the date and time of the suspension;

(b) provide the driver whose licence is suspended with a written statement of the time from which the suspension takes effect and the length of the period during which his licence is suspended;

(c) where the driver surrenders his licence, give the driver a receipt for it; and

(d) notify the registrar in writing of the suspension of the licence giving the name and address shown on the licence and the number of the licence.

Return of licence etc.

265.1(5)    Subsections 265(9) to (12) apply to this section with appropriate changes as the circumstances require.

Section 279(1) amended

13          Subsection 279(1) is amended by

(a) adding "or off-road vehicle" after "motor vehicle" in clause (b);

(b) adding "or The Off-Road Vehicles Act" after "any provision of this Act"; and

(c) by striking out "any other provision of this Act" and substituting "any other provision of these Acts,".

Subsection 290(2.1) added

14          Section 290 is amended by adding after subsection 290(2) the following:

Criteria for fitness to be met

290(2.1)    The registrar shall not issue a commercial truck licence in respect of a commercial truck having a registered gross weight of 4,500 kilograms or more and the transport board shall not issue a certificate unless the applicant for the licence or certificate meets the criteria relating to fitness prescribed by the transport board.

Section 298.1 added

15          The following is added after section 298:

Documents carried by driver

298.1       A person driving a public service vehicle or a commercial truck having a registered gross weight of 4,500 kilograms or more on a highway shall have in his possession a record of his hours of service in the form prescribed by the regulations and shall produce it to a peace officer or inspector upon request.

Sections 318.1 to 318.4 added

16(1)       The following is added after section 318:

SAFETY OF PUBLIC SERVICE VEHICLES, COMMERCIAL VEHICLES AND REGULATED SCHOOL BUSES

Disclosure by driver

318.1(1)    Prior to being first engaged by a motor carrier to drive a public service vehicle or a commercial truck having a registered gross weight of 4,500 kilograms or more, a driver shall disclose in writing to the motor carrier the name of each province or territory of Canada or state, district or territory of the United States of America in which the driver is licenced, and the class of licence held, whether or not that licence has been suspended, and the name in which each driver's licence is issued.

Transition

318.1(2)    A driver who is engaged by a motor carrier to drive a public service vehicle or a commercial truck having a registered gross weight of 4,500 kilograms or more shall, not later than 90 days after the coming into force of this Act, disclose in writing to the motor carrier, the information described in subsection (1).

Continuing driver disclosure

318.1(3)    A driver engaged by a motor carrier to drive a public service vehicle or a commercial truck having a registered gross weight of 4,500 kilograms or more shall without delay disclose in writing to the motor carrier

(a) particulars of traffic accidents required to be reported under this Act;

(b) convictions arising from the operation or having care and control of a motor vehicle, under

(i)The Highway Traffic Act and regulations or any similar Act and regulations of the legislature of a province or territory,

(ii) the Criminal Code (Canada),

(iii) the Transportation of Dangerous Goods Act (Canada), The Dangerous Goods Handling and Transportation Act and regulations, and any other similar Act and regulations of the legislature of a province or territory,

(iv) any Acts or regulations, similar to those described in subclauses (i) to (iii), of a state, district or territory of the United States of America, and

(v) any Act prescribed by regulation; and

(c) a suspension, cancellation, prohibition or change in classification of his driver licence.

Safety inspections and reports by driver

318.2       A driver shall not drive a public service vehicle or a commercial truck having a registered gross weight of 4,500 kilograms or more on a highway unless

(a) that public service vehicle or commercial truck has been inspected in accordance with the regulations;

(b) reports have been prepared and submitted at the times and in the manner and to the persons prescribed by regulation; and

(c) the public service vehicle or truck has been found to be in safe operating condition.

Prohibition

318.3(1)    No driver shall drive a public service vehicle or a commercial truck having a registered gross weight of 4,500 kilograms or more on a highway in contravention of the regulations respecting permitted hours of service of drivers.

Driver records

318.3(2)    A driver of a public service vehicle or a commercial truck having a registered gross weight of 4,500 kilograms or more shall make and maintain the records respecting hours of service prescribed by regulation and shall without delay after making the record provide a copy to the motor carrier in accordance with the regulations.

Safe operation

318.4       No driver shall drive a public service vehicle or commercial truck having a registered gross weight of 4,500 kilograms or more on a highway unless

(a) the driver has inspected the property to be transported and it appears to be secured in accordance with the regulations;

(b) equipment forming part of or carried on the vehicle is firmly secured;

(c) the entry into and exit from, including an emergency exit from, the vehicle are unobstructed;

(d) all passenger exits, including emergency exits, from the vehicle are unobstructed; and

(e) property transported is secured or stored so as not to pose a risk of injury to the driver or a passenger by its falling, displacement or other movement.

Section 318.5 added

16(2)       The following is added after section 318.4:

Promotion of compliance

318.5       A motor carrier operating a public service vehicle or a commercial truck having a registered gross weight of 4,500 kilograms or more shall ensure that a person resident 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.

Section 318.6 added

16(3)       The following is added after section 318.5:

Review of driving record by motor carrier

318.6       Prior to engaging a person to operate a public service vehicle or a commercial truck having a registered gross weight of 4,500 kilograms or more, and annually not later than 60 days after the last day of the month in which the driver's birthday occurs, a motor carrier shall

(a) where the driver is licenced in Manitoba, obtain the driving record of that driver from the Registrar;

(b) where the driver is not licenced in Manitoba, obtain the driving record of the driver from the appropriate authority in each province or territory in Canada and each state, district or territory of the United States of America

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

(ii) known to the motor carrier to have granted a licence to the driver; and

(c) review the driving record and determine whether or not the driver is fit to be engaged as a driver of a public service vehicle or a commercial truck having a gross vehicle weight of 4,500 kilograms or more.

Section 318.7 added

16(4)       The following is added after section 318.6:

Maintenance by motor carrier

318.7(1)    A motor carrier shall maintain a public service vehicle or a commercial truck having a registered gross weight of 4,500 kilograms or more operated on a highway in safe operating condition in accordance with vehicle maintenance standards prescribed by regulation and shall ensure that no driver operates a public service vehicle or a commercial truck having a registered gross weight of 4,500 kilograms or more on behalf of the motor carrier on a highway unless defects listed in a driver inspection or other report prescribed by regulation have been remedied so as to comply with prescribed vehicle maintenance standards.

Manufacturer's notices

318.7(2)    A motor carrier, on first becoming aware of a notice of defect issued by the manufacturer of a public service vehicle or a commercial truck having a registered gross weight of 4,500 kilograms or more operated by the motor carrier, shall without undue delay remedy the defect in accordance with the manufacturer's instructions.

Maintenance records to be kept

318.7(3)    A motor carrier shall make and keep a record in accordance with the regulations of each action taken under subsections (1) and  (2) with respect to a public service vehicle or a commercial truck having a registered gross weight of 4,500 kilograms or more.

Sections 318.8 and 318.9 added

16(5)       The following is added after 318.7:

Motor carrier's records

318.8(1)    Subject to subsection (2), a motor carrier shall keep the following records at the carrier's chief place of business in Manitoba:

(a) driver's disclosures submitted under subsections 318.1(1) to (3);

(b) inspection reports submitted under section 318.2;

(c) records made and submitted under subsection 318.3(2);

(d) designations under section 318.5;

(e) driving records obtained under section 318.6;

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

(g) other records required by the regulations to be made and kept by the motor carrier.

Alternative place for records

318.8(2)    Where at the request of a motor carrier the registrar has approved another place for keeping records in Manitoba, the motor carrier shall keep the records described in subsection (1) at that other place.

Carrier to ensure driver compliance

318.9       A motor carrier shall ensure that a driver who operates a public service vehicle or commercial truck having a registered gross weight of 4,500 kilograms or more on the carrier's behalf complies with sections 298.1 and 318.2 to 318.4.

Section 318.10 added

16(6)       The following is added after 318.9:

Definitions

318.10(1)   For the purpose of this section, "record" means a record regardless of physical form.

Powers of investigation

318.10(2)   The registrar, or a person authorized in writing by the registrar, may, for the purpose of ensuring compliance with this Act and the regulations, without a warrant and upon presentation on request of identification at the time of entry

(a) subject to subsections  (3) and  (4), enter the premises of a person at any reasonable time for the purpose of carrying out an inspection, audit or examination of the motor carrier's records;

(b) require the production for inspection, audit or examination of all records required to be kept by the motor carrier under this Act or the regulations and all other records including books of account, documents, vouchers, payrolls, records, letters, by-laws, minutes of directors' meetings, or documents that are or may be relevant to the inspection, audit or examination, and, if they are stored in electronic form, may require (i) the production of a copy, and  (ii) where requested, the provision of the means of accessing the records and instruction and assistance in the use of those means for the purpose of the inspection, audit or examination of the records;

(c) upon giving a receipt for them, remove any records and the means of accessing those records examined under clause  (b) for the purpose of making copies or extracts of the records, but such copying shall be carried out with reasonable speed and the records and the means of accessing those records shall be promptly returned to the person who produced or furnished them; and

(d) make any inquiry of any person separate or apart from another person that is or may be relevant to the inspection, audit or examination.

Entry into dwelling

318.10(3)   No person authorized under subsection (2) shall enter any room or place actually being used as a dwelling without the consent of the occupier except under the authority of a search warrant issued under section 3 of The Summary Convictions Act.

Search warrant

318.10(4)   Where it appears that a person authorized under subsection (2) has been prevented from exercising a power set out in clauses (2)(a) to (2)(c), and despite any penalty for such noncompliance, the registrar, or a person authorized in writing by the registrar, may without the consent of the occupier enter any room or place, and exercise the powers granted under subsection 318.10(2) under the authority of a search warrant issued under section 3 of The Summary Convictions Act.

Compellability of witness

318.10(5)   No person authorized under subsection (2) is a compellable witness in a civil suit or proceeding respecting any information, material or statements acquired, furnished, obtained, made or received under the powers conferred under this Act except for the purpose of carrying out his duties under this Act.

Production

318.10(6)    No person authorized under subsection (2) shall be compelled or required to produce in a civil suit or proceeding any document, extract, report, material or statement acquired, furnished or obtained, made or received under the powers conferred under this Act except for the purposes of carrying out his duties under this Act.

Section 318.11 added

16(7)       The following is added after 318.10:

Application to regulated school buses

318.11      Sections 318.1, 318.2 and 318.4 apply to a driver of regulated school buses and sections 318.5 to section 318.7, section 318.8 other than clause 318.8(l)(c), section 318.9 other than the reference to 318.3, and section 318. 10 apply to a person providing a regulated school bus service.

Clause 319(l)(ttt) added

17          Subsection 319(1) is amended by

(a) repealing clauses (bb), (ff), and (tt); and

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

(ttt) respecting the safe condition and operation of public service vehicles, commercial trucks having a registered gross weight of 4,500 kilograms or more and regulated school buses, and without limiting the generality of the foregoing,

(i) prescribing for the purposes of subsection 265.1(3) the period or the manner of determining the period, not exceeding 24 hours, for which a licence may be suspended,

(ii) prescribing Acts and regulations for the purposes of subclauses 318.1(3)(b)(v) and 322.1(l)(b)(v),

(iii) prescribing vehicle maintenance standards,

(iv) respecting inspections and inspection reports to be made and the persons to whom reports are to be provided,

(v) respecting records to be made, kept and produced,

(vi) respecting hours of service which drivers are permitted to provide under this Act, and

(vii) exempting classes of vehicles from regulations under this Act.

Section 322.1 added

18          The following is added after section 322:

Carrier's safety compliance record

322.1(1)    The registrar shall maintain a record for each motor carrier containing the following information:

(a) particulars of traffic accidents required to be reported under this Act involving public service vehicles and commercial trucks having a registered gross weight of 4,500 kilograms or more operated by the motor carrier;

(b) convictions and penalties of the motor carrier and the drivers engaged by the motor carrier for offences arising from the operation or having care and control of a public service vehicle or a commercial truck having a registered gross weight of 4,500 kilograms or more under

(i)The Highway Traffic Act and regulations or any similar Act and regulations of the legislature of a province or territory,

(ii) the Criminal Code (Canada),

(iii) the Transportation of Dangerous Goods Act (Canada), The Dangerous Goods Handling and Transportation Act and regulations and any other similar Act and regulations of the legislature of a province or territory,

(iv) any Acts or regulations similar to those described in subclauses (i) to (iii) of a state, district or territory of the United States of America, and

(v) any Act prescribed by regulation;

(c) the cancellation or suspension of a driver's licence or prohibition of a driver engaged by the motor carrier to operate a public service vehicle or a commercial truck having a registered gross weight of 4,500 kilograms or more from driving under this or any other Act;

(d) where the motor carrier registers a public service vehicle or a commercial truck having a registered gross weight of 4,500 kilograms or more in Manitoba, the convictions and penalties against the motor carrier and the drivers of the motor carrier in respect of those vehicles under any of the Acts or regulations comparable to those described in clauses (b) and (c) of the Legislature of a province or territory, or a state, district or territory of the United States of America;

(e) safety inspections of public service vehicles or commercial trucks having a registered gross weight of 4,500 kilograms or more under the Act or regulations in consequence of which a peace officer, an inspector, the registrar or any person authorized by the registrar directed the motor carrier under this Act or the regulations to take remedial action or remove the vehicle from service;

(f) the results of inspections of the records of a motor carrier under section 318.10;

(g) dispositions of proceedings before the transport board to suspend, revoke or cancel a public service vehicle certificate, commercial truck licence in respect of a commercial truck having a registered gross weight of 4,500 kilograms or more, vehicle registration or otherwise impose a sanction on the motor carrier;

(h) where a motor carrier registers a public service vehicle or a commercial truck having a registered gross weight of 4,500 kilograms or more in Manitoba, records respecting the motor carrier comparable to those described in clauses (e) to (g) made available to the registrar by a government of a province or territory of Canada or a state, district or territory of the United States of America;

(i) instances where the motor carrier fails to maintain satisfactory evidence of compliance with applicable insurance and bonding requirements prescribed by this Act or the regulations.

Safety fitness rating

322.1(2)    The registrar may establish a system for assessing the extent of compliance by a motor carrier operating a public service vehicle or a commercial truck having a registered gross weight of 4,500 kilograms or more with this Act and the regulations.

Carrier improvement

322.1(3)    The registrar shall review the record maintained under subsection (1) and, where the registrar, on the basis of a rating under September 10, 2007subsection (2) or otherwise, is not satisfied that the motor carrier is complying adequately with this Act and the regulations, the registrar may order the motor carrier to take such steps as the registrar considers necessary to improve compliance.

Regulated school bus carriers

322.1(4)    Subsections (1) to (3) apply to a person providing a regulated school bus service.

Section 323 amended

19          Section 323 is amended

(a) by repealing subsection (3) and substituting the following:

Duties of registrar

323(3)      The registrar has charge of the administration of this Act and The Off-Road Vehicles Act and, without restricting the generality of the foregoing, has the powers and duties of administration and enforcement specified in these Acts and in their regulations.

(b) adding after "Act" in clause (4)(c), "or any other Act which the registrar is authorized to administer;" and

(c) striking out in subsection (4) "this Act or of any provision of this Act" and substituting "one or more provisions of this Act or any other Act which the registrar is authorized to administer;".

Commencement of Act

20(1)       Subject to subsections (2) and (3), this Act comes into force on the day it receives the Royal Assent.

Provisions to be proclaimed

20(2)       Clause 2(d), sections 12 and 15, subsections 16(1), (3), (5) and (7) and section 18 come into force on a day fixed by proclamation.

Proclamation of C.C.S.M. c. 031

20(3)       Clauses 2(b), (c) and (e) and sections 3, 10, 13 and 19 are deemed to come into force on October 1, 1988.