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The Highway Traffic Amendment Act (6)

S.M. 1989-90, c. 55

Bill 73, 2nd Session, 34th Legislature

The Highway Traffic Amendment Act (6)

(Assented to March 15, 1990)

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.

Subclause  24(9)(c)(vii) added

2           The following is added after subclause 24(9)(c)(vi):

(vii) to a person whose licence or permit consists of a licence certificate and photo identification card who fails or refuses to be photographed as required by this Act and the regulations.

Subsection 27(1) repealed and substituted

3           Subsection 27(1) is repealed and the following is substituted:

Applying for a licence

27(1)       A person applying for a licence or permit of any class of licence shall

(a) apply in the form required by the registrar;

(b) pay to the registrar the prescribed fee and the premium and surcharges prescribed for the driver under The Manitoba Public Insurance Act; and

(c) unless exempted by regulation from the requirement to be photographed, present himself or herself to be photographed for the purposes of the issue of a licence that includes a photo identification card.

Subsections 27(1.1) to (1.3) added

4           The following is added after subsection 27(1):

Two-part licence

27(1.1)     Subject to subsection (1.2) and (1.3), a driver's licence or permit issued by the registrar consists of

(a) a photo identification card; and

(b) a licence certificate;

in the form and setting out the information required by the registrar, but where the driver is exempted by regulation from the requirement to be photographed, the registrar shall issue the photo identification card without a photograph.

Exception to two part licence

27(1.2)     The registrar may

(a) in his or her discretion issue a temporary driver's licence or permit in such form or forms and setting out such information required by the registrar and for such duration as the registrar considers appropriate; and

(b) issue any licence or permit, other than a temporary driver's licence or permit, in such form or forms and setting out such information required by the registrar only until a date or dates specified in the regulations as the date or dates after which the driver's licence of a driver or class of drivers is required to comply with subsection 27(1.1).

Non-application

27(1.3)     Subsection 27(1.1) does not apply to a driver's licence or permit issued by a peace officer, a judge or a justice under the authority of a provision of this Act.

Subsection 27(2) repealed and substituted

5           Subsection 27(2) is repealed and the following is substituted:

Particulars on licence

27(2)       A driver's licence or permit issued under this Act shall be in the form or forms and set out the information required by the registrar and shall be signed by the holder of the licence or permit in ink in the space provided.

Subsection 27(4) repealed and substituted

6           Subsection 27(4) is repealed and the following is substituted:

Documents as proof of identity

27(4)       A person who applies for a driver's licence or permit or a renewal, replacement or reinstatement of a licence or permit or applies for the first time for a photo identification card shall on request produce to the registrar such documents as proof of identity as are prescribed by regulation for that type of application.

Subsections 27(10) and (11) amended

7           Subsections 27(10) and (11) and their subsection headings are amended by striking out "duplicate" wherever it occurs and substituting "replacement."

Section 32 repealed and substituted

8           Section 32 is repealed and the following is substituted;

Licence or permit periods

32          Where a driver's licence or permit is a licence or permit to which reference is made in clause 27(1.2)(b) or which consists of a licence certificate and a photo identification card, the licence or permit and the licence certificate and photo identification card are each valid for the period or periods of validity provided in the regulations and for any extension of any of those periods, not exceeding three months, as may be provided in the regulations.

Clause 170(1)(h) repealed and substituted

9           Clause 170(1)(h) is repealed and the following is substituted;

(h) when applying for a driver's licence or permit or a renewal, replacement or reinstatement of a driver's licence or permit represent himself or herself to be another person;

Subsection 255(5) amended

10          Subsection 255(5) is amended by adding "Subject to subsection 322(7)," before "The registrar".

Section 256 amended

11          Section 256 is amended by adding "or electronic medium" after "film".

Section 258 repealed and substituted

12          Section 258 is repealed and the following is substituted:

Impoundment or surrender of licences

258(1)      Where a driver's licence or permit is required or authorized to be impounded, surrendered or delivered to a person under this or any other Act, whether or not as a result of a conviction under that Act, the person who is to impound it or to whom it is to be surrendered or delivered shall

(a) impound or take possession of the driver's licence or permit where it consists of one part;

(b) impound or take possession of the licence certificate only, where the driver's licence or permit consists of a photo identification card and a licence certificate; and

(c) forward the licence or permit to the registrar.

Exception

258(2)      Notwithstanding subsection (1), where a person who has a driver's licence consisting of a photo identification card and a licence certificate is convicted of an offence under clause 170(1)(a) or (h), the driver shall surrender or deliver both the photo identification card and the licence certificate to the person who is to impound it or take possession of it and that person shall forward it to the registrar.

Subsection 319(1) amended

13          Subsection 319(1) is amended

(a) by repealing clause (nnn) and substituting the following:

(nnn) prescribing documents as proof of identity for the purposes of 27(4);

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

(xxx) respecting the exemption of persons or classes of persons from the requirement to be photographed for the purpose of the issue of a licence or permit that includes a photo identification card;

(yyy) specifying for the purposes of subsection 27(1.2) the date or dates after which the driver's licence of a driver or class of drivers is required to comply with subsection 27(1.1);

(zzz) respecting the period or periods of validity of licences and permits to which reference is made in clause 27(1.2)(b) or which consists of a photo identification card or licence certificate and any extensions of such periods;

(aaaa) authorizing persons or classes of persons to whom the registrar may provide access or copies of photographs of drivers, or both, for the purposes of subsection 322(7).

Subsection 322(2) amended

14          Subsection 322(2) is amended

(a) before clause (a) by adding "and subsection (7)" after "(3)";

(b) in clause (a) by striking out "act" where it occurs and substituting "Act" and by striking out "or chauffeurs'".

Subsections 322(6) and (7) added

15          The following is added after subsection 322(5):

Maintenance of records of photographs

322(6)      Without limiting the power of the registrar to maintain such records as he or she considers appropriate, the registrar may maintain records of photographs obtained for the purposes of issuing photo identification cards.

Limited access to photographs

322(7)      The registrar shall not provide access to or copies of any photograph of a driver to any person other than

(a) to a driver for purposes of issuing a replacement licence or permit; or

(b) to a peace officer, justice or other person or class of persons authorized by the regulations.

Coming into force

16          This Act comes into force on proclamation.