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The Highway Traffic Amendment Act (7)

S.M. 1989-90, c. 56

Bill 74, 2nd Session, 34th Legislature

The Highway Traffic Amendment Act (7)

(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.

Subsection 1(1) amended

2           Subsection 1(1) is amended

(a) by repealing the definition of "bicycle" and substituting the following:

"bicycle" means a device having any number of wheels upon which a person sits astride and which is propelled solely by human muscular power through the use of pedals; («bicyclette»)

(b) by adding the following definition in alphabetical order in the section:

"bicycle facility" means a bicycle path or any other area, other than a highway, which is designated for the passage of bicycles and upon which motor vehicles, other than those required for maintenance of the path or area, are prohibited; («piste cyclable»)

(c) by striking out "where the registered owner thereof has his place of business," after subclause (b)(ii) of the definition of "commercial truck";

(d) by repealing the definition of "special mobile machine" and substituting the following;

"special mobile machine" means

(a) a vehicle, other than a dump truck, truck mounted transit mixer or other truck mounted machine, that

(i) is used primarily for the purposes of construction and repair of highways, buildings and other structures and is only incidentally operated on a highway, and

(ii) is designed for purposes of such construction and repair, or

(iii) is operated by or on behalf of a traffic authority on a highway over which the authority has jurisdiction; or

(b) a vehicle that

(i) is operated by or on behalf of a traffic authority on a highway over which the authority has jurisdiction for the purpose of sweeping, grading, scraping, ploughing or clearing snow from or otherwise maintaining the highway surface,

(ii) is insured under a policy of liability insurance in an amount not less than the amount prescribed in section 161, and

(iii) is operated by a driver who holds a valid and subsisting driver's licence for the truck where the vehicle is a truck mounted with a device to adapt it for the purpose of sweeping, grading, scraping, ploughing or clearing snow from or otherwise maintaining a highway surface,

but excludes a vehicle designed or primarily used for the transportation of persons or goods other than as set out above; («engin mobile spécial»)

(e) by repealing the definition of "truck tractor" and substituting the following;

"truck tractor" means a motor vehicle having a net weight of more than 4,000 kilograms, equipped with the lower half of a fifth wheel coupler designed to be used to pull a semi-trailer by coupling to the king pin attached to the semi-trailer; («vehicle tracteur»)

Subsection 5(20) amended

3           Subsection 5(20) is amended by adding "and shall cancel the registration of" after "register".

Subsection 5(20) amended

3           Subsection 5(20) is amended by adding "and shall cancel the registration of" after "register".

Subsection 6(7) repealed and substituted

4           Subsection 6(7) is repealed and the following is substituted:

Use of plates or devices

6(7)        No person shall display on a vehicle, other than a vehicle registered in accordance with section 333, on a highway

(a) a number plate or other device bearing numbers or letters or both, identical to or having the general appearance of a number plate required under this Act; or

(b) a number plate issued by a competent authority in another province or territory of Canada or a state of the United States of America or the District of Columbia, unless the display is required by this Act or by the laws of the jurisdiction that issued the plate.

Subsection 15(3) amended

5           Subsection 15(3) is amended

(a) by adding "Subject to section 168," before "On payment"; and

(b) by striking out "and not under the age of eighteen years".

Subsection 26(3) repealed and substituted

6           Subsection 26(3) is repealed and the following is substituted:

Conditions in learner's licence and instruction permit

26(3)       A person holding a learner's licence or a motorcycle, mobility vehicle or moped instruction permit issued under subsection (1) shall comply with the conditions set out in subsection (1).

Subsection 31(3) repealed and substituted

7           Subsection 31(3) is repealed and the following is substituted:

Exemption from examination

31(3)       The registrar may exempt an applicant for a driver's licence, other than an applicant for a learner's licence, from any examination required under this Act or the regulations, if

(a) the applicant holds a valid driver's licence issued by a competent authority in a province or territory of Canada or a state of the United States of America or in the District of Columbia; or

(b) in the three month period immediately preceding the application, the applicant held a valid driver's licence issued by a competent authority in a province or territory of Canada, and the authority confirms that the applicant is eligible to apply for and hold a driver's licence and to operate a motor vehicle in that province or territory.

Subsection 31 amended

8           Section 31 is amended

(a) by repealing subsection 31(13) and substituting the following:

Reinstatement of impaired persons

31(13)      The registrar may require any person making application for a licence or permit whose licence or permit to drive has been suspended or who has been disqualified from driving pursuant to section 263.1 or 263.2 or who has been convicted of an offence under section 253, 254 or 255 of The Criminal Code to provide to the registrar an impaired driver's assessment from a recognized agency and, if that agency considers it advisable, to complete successfully an educational or treatment program offered by a recognized agency.

(b) by adding the following after subsection 31(13):

Definition of "recognized agency"

31(14)      In subsection (13), "recognized agency" means the Alcoholism Foundation of Manitoba, or an agency or person approved by the registrar engaged in the diagnosis or treatment of persons suffering from alcoholism or drug addiction.

Subsection 35(17) amended

9           Subsection 35(17) is amended by adding "or the collection of refuse" after "construction of roads".

Subsection 62(1) repealed and substituted

10          Subsection 62(1) is repealed and the following is substituted:

Requirements as to towing

62(1)       No person shall drive a motor vehicle, self-propelled implement of husbandry or farm tractor upon a highway drawing or towing a trailer, implement of husbandry or special mobile machine unless

(a) the towed vehicle is connected to the towing vehicle, other than a truck tractor, by a drawbar;

(b) the drawbar and its mode of attachment is of sufficient strength to draw or tow the towed vehicle and its load with a sufficient margin of safety to withstand the ordinary shocks and stresses occasioned by use on the highways;

(c) subject to subsection (3), the drawbar is so constructed and connected that the front of the body of the towed vehicle is not more than 5 metres from the rear of the towing vehicle;

(d) the attachment for connecting the drawbar of the towed vehicle to the towing vehicle, except the drawbar of a towed vehicle which has a gross vehicle weight not exceeding 900 kg is securely affixed to the frame of the towing vehicle;

(e) the coupling connection of the drawbar to the towing vehicle is so secured that it cannot become disconnected by jarring, vibration, or dropping, or become disengaged in any way other than by deliberate manual effort or manipulation;

(f) the drawbar and connection are adequate to prevent the towed vehicle from swaying, whipping, or weaving on the highway; and

(g) in addition to the primary coupling connection between the towing vehicle, other than a truck tractor, and the towed vehicle there is an additional safety chain or cable that

(i) prevents complete disconnection of the towed vehicle from the towing vehicle in the event of accidental disconnection of the primary coupling connection, and

(ii) prevents the drawbar from dropping to the ground in the event that the primary coupling device becomes disconnected and the additional safety chain or cable shall not be fastened or connected to the ball, socket, eye, hook or any other fastener common to the primary coupling connection.

Subsection 114(1) amended

11          Subsection 114(1) is amended by adding "or bicycle" after "vehicle" wherever it occurs.

Clause 122(1)(q) added

12          That subsection 122(1) be amended by adding the following after clause (p):

(q) on a highway from 11 o'clock in the evening of one day until six o'clock in the morning of the following day, where stopping during that period is prohibited by by-law of the appropriate traffic authority and subsection 90(5) does not apply to such a by-law.

Section 126 repealed and replaced

13          Section 126 is repealed and the following is substituted:

Manner of hand signal

126         When a driver of a left-hand drive vehicle or an operator of a bicycle, mobility vehicle or moped gives a signal by hand and arm, the driver or operator shall do so from the left side and shall signify

(a) a left turn, by extending the left hand and arm of the driver or operator horizontally from the vehicle;

(b) a right turn,

(i) by extending the left hand and arm of the driver or operator out and upward from the vehicle, or

(ii) by extending the right hand and arm of the driver or operator horizontally; and

(c) a stop or decrease in speed, by extending the left hand and arm of the driver or operator out and downward from the vehicle.

Subsection 145(1) amended

14          Subsection 145(1) is amended

(a) by adding "or a bicycle facility" after "highway"; and

(b) by adding "operating upon a highway" after "motor vehicle".

Subsection 145(2) repealed and substituted

15          Subsection 145(2) is repealed and the following is substituted.

Operation of bicycles next to curb

145(2)      Subject to subsection (2.2), a person shall operate a bicycle on a highway

(a) as close as practicable to the right-hand edge or curb

(i) where the highway is other than a highway designated for traffic in one direction, or

(ii) where the highway is designated for traffic in one direction and has less than three traffic lanes; or

(b) as close as practicable to the right or left-hand edge or curb, where the highway is designated for traffic in one direction and has three or more traffic lanes.

Operation of bicycles in single file

145(2.1)    Subject to subsection (2.2), no person shall operate a bicycle in a traffic lane on a highway beside another person who operates a bicycle in the same traffic lane.

Exception

145(2.2)    A person may operate a bicycle other than as provided in subsections (2) and (2.1) for the purpose of

(a) making or attempting to make a turn on the highway; or

(b) overtaking or attempting to overtake a bicycle or vehicle proceeding in the same direction on the highway.

Bicycles on sidewalks

145(2.3)    No person shall operate on a sidewalk a bicycle with a rear wheel the diameter of which exceeds 410 millimetres.

Subsection 145(3) repealed

16          Subsection 145(3) is repealed.

Subsection 147(2) amended

17          Subsection 147(2) is amended by adding "or on his or her person" after "carry on a bicycle".

Clause 147(3)(a) amended

18          Clause 147(3)(a) is amended by striking out the semi-colon and adding "and the infant is wearing a properly fitted and fastened protective helmet;" after "bicycles".

Clause 149(1)(b) repealed and substituted

19          Clause 149(1)(b) is repealed and the following is substituted:

(b) a lamp or reflector at the back of the bicycle casting a red or amber light or reflection and having a surface area of not less than 25 square centimetres;

Subsection 149(3) amended

20          Subsection 149(3) is amended by adding "or bicycle facility" after "highway".

Section 150 amended

21          Section 150 is amended by adding "or bicycle facility" after "highway" wherever it occurs.

Subsection 155(2) amended

22          Subsection 155(2) is amended by striking out "233(2)" and substituting "249".

Section 167 repealed and substituted

23          Section 167 is repealed and the following is substituted:

Reciprocal suspension and cancellation of licences and registrations

167         Where under the laws of a province or territory of Canada or a state of the United States of America or the District of Columbia, a person's licence or the registration of a person's motor vehicle is suspended, cancelled or revoked or a person is disqualified or prohibited from driving a motor vehicle, holding a driver's licence or registering his or her vehicle under a provision of that law that the registrar determines to be analogous to a provision of this Act or the regulations, the registrar shall suspend, cancel or revoke the person's licence or the registration of the person's motor vehicle or disqualify the person from driving a motor vehicle, applying for or holding a driver's licence or registering his or her vehicle in Manitoba for the length of time provided under that law.

Subsection 174(3) repealed and substituted

24          Subsection 174(3) is repealed and the following is substituted:

Minimum age for driving certain vehicles

174(3)      Except as otherwise permitted in this Act or The Off-Road Vehicles Act, no person who is under the age of 18 years shall operate a motor vehicle other than a class 5 or 6 motor vehicle as prescribed in the regulations.

Subsection 177(4.1) added

25          The following is added after subsection 177(4).

Exception

177(4.1)    Subsection (4) does not apply to a truck which is a special mobile machine used for the ploughing or clearing of snow.

Subsection 180(2.1) added

26          The following is added after subsection 180(2):

Use of farm truck in duties of councillor

180(2.1)    A farm truck may be used by a councillor of a municipality in the course of performing his or her duties as a councillor.

Subsection 180(3) amended

27          Subsection 180(3) is amended by adding "and (2.1)" after "subsection (2)".

Subsection 180(4.1) added

28          The following is added after subsection 180(4):

Exception to farm truck used for hire

180(4.1)    Notwithstanding subsection (4), a person who is a councillor of a municipality may use a farm truck in the course of the performance of his or her duties as a councillor of a municipality.

Subsection 182(5) repealed and substituted

29          Subsection 182(5) is repealed and the following substituted:

No plastic, etc. to be applied to windows

182(5)      No person shall apply a plastic film or substance to the windshield, side windows or rear window of a motor vehicle which, after application,

(a) reduces the transmission of light through the windshield or window below the minimum level for light transmission prescribed in the regulations; or

(b) causes reflection of light above the maximum level for light reflection prescribed in the regulations.

Subsection 182(10) repealed

30          Subsection 182(10) is repealed.

Subsection 227(1) amended

31          Subsection 227(1) is amended

(a) by adding "or bicycle" after "motor vehicle,";

(b) by adding "or bicycle facility" after "highway" wherever it occurs; and

(c) by adding ", bicycle" after "ride the vehicle".

Subsection 236(1) repealed and substituted

32          Subsection 236(1) is repealed and the following is substituted:

Offences on parking lots

236(1)      Notwithstanding section 74, any person who operates a motor vehicle in any place designed and intended, and primarily used, for the parking of vehicles, including the necessary passageways thereon, has the same rights and duties, and is subject to the same penalties provided for a violation of any provision of this Act, as a person operating a motor vehicle upon a highway.

Subsection 241(1) amended

33          Subsection 241(1) is amended by striking out "233, 236, 237, 238, 239, 242 or 295" and substituting "249, 252, 253, 254, 255, 259 or 335".

Section 254 amended

34          Section 254 is amended

(a) in subsection (1) by striking out "either acquit or reprimand the accused" and by substituting the following:

(a) where a minimum fine is prescribed, impose a fine that is less than the minimum;

(b) reprimand the accused;

(c) suspend the sentence; or

(d) grant a conditional or absolute discharge.

(b) by striking out the heading of the subsection (2) and substituting "Reduction of penalty in certain cases";

(c) in subsection (2) by striking out "the judge or justice may acquit the accused" and substituting "the judge or justice may grant a conditional or absolute discharge to the accused" and by striking out "acquit or reprimand the accused" and by substituting the following:

(a) where a minimum fine is prescribed, impose a fine that is less than the minimum;

(b) reprimand the accused;

(c) suspend the sentence; or

(d) grant a conditional or absolute discharge.

(d) by adding the following after subsection (2):

Reasons to be noted

254(3)      Where a disposition is made under subsection (1) or (2), and the proceedings are not recorded by a person authorized to record or transcribe evidence and proceedings in writing or by a device authorized under section 27 of The Manitoba Evidence Act, the judge or justice shall record the reasons for the disposition on the information or offence notice, or on a page that shall then be attached to the information or offence notice, and signed by the judge or justice.

Subsection 263(1) repealed and substituted

35          Subsection 263(1) is repealed and the following substituted:

Suspension on conviction while without a licence

263(1)      The licence or right to obtain a licence of a person found guilty of an offence against this Act or section 249, 252, 253, 254, 255, 259 or 335 of the Criminal Code, who is shown by the evidence given at the hearing, or subsequently before sentence is passed, to have been, at the time the offence was committed, driving a motor vehicle without being licensed or permitted under this Act so to do, may be suspended by the convicting judge or justice, when passing sentence, for such time as the judge or justice may state.

Subsection 264(1) amended

36          Subsection 264(1) is amended by striking out "203, 204, 219, 233, 236, 237, 238, 239 or 242" and substituting "219, 220, 221, 236, 249, 252, 253, 254, 255 or 259".

Subsection 264(9) amended

37          Subsection 264(9) is amended by striking out "243.1" and substituting "261".

Subsection 265(1) amended

38          Subsection 265(1) is amended by striking out "238" and substituting "254".

Subsection 265(2) amended

39          Subsection 265(2) is amended

(a) by striking out "238(3)" and substituting "254"; and

(b) by striking out "241" and substituting "258".

Subsection 269(2) repealed and substituted

40          Subsection 269(2) is repealed and the following is substituted:

Indebtedness to M.P.I.C.

269(2)      Where a person is indebted to The Manitoba Public Insurance Corporation

(a) for a premium, additional premium or surcharge; or

(b) for payment of benefits, insurance money or the assumption of liability for such payment by the Corporation;

the Registrar may until the indebtedness is paid do one or more of the following:

(c) suspend the driver's licence or permit;

(d) suspend the registration of a vehicle registered in that person's name;

(e) refuse to issue the person a driver's licence or permit;

(f) refuse to register a vehicle in that person's name.

Subsection 279(8) repealed and substituted

41          Subsection 279(8) is repealed and the following is substituted:

Further application for revocation

279(8)      Notwithstanding subsection (5), (7) or (10), where an application for revocation of a suspension, cancellation or disqualification has been refused on the grounds that the applicant failed to prove exceptional hardship, or that it is not contrary to the public interest, if, upon further application to the board, the board is satisfied that the applicant's circumstances have changed or new evidence is available showing that it would not be contrary to public interest to revoke the suspension, cancellation or disqualification, the board may hear the application for revocation of the suspension, cancellation or disqualification, and subsection (6) applies with appropriate modifications as the circumstances require to that further application.

Subsection 294(1) amended

42          Subsection 294(1) is amended

(a) by adding "or the taxicab board" after "transport board" wherever it occurs in the subsection;

(b) by adding "and every drive-yourself truck owner" after "motor carrier"; and

(c) by adding "or shall provide proof of motor vehicle liability insurance to the registrar as prescribed in the regulations" after "thereunder".

Subsection 295(1) amended

43          Subsection 295(1) is amended

(a) before clause (a)

(i) by adding "or to the owner of a drive-yourself truck" after "certificate to a motor carrier",

(ii) by adding "or owner of the drive-yourself truck" after "unless the motor carrier", and

(iii) by adding "or the registrar" after "filed with the transport board"; and

(b) in clause (a)

(i) by adding "or the registrar, issued by" before "an insurer", and

(ii) by adding "or the registrar" before "deems necessary".

Subsection 295(2) repealed and substituted

44          Subsection 295(2) is repealed and the following is substituted:

Insurance for residents

295(2)      A motor carrier or owner of a drive-yourself truck to whom a certificate is issued under this Part shall provide and maintain a motor vehicle liability insurance policy for the period during which the certificate is valid and subsisting.

Section 296 repealed and substituted

45          Subsection 296 is repealed and the following is substituted:

Notice of cancellation, change or refusal to renew

296         A cancellation, change or refusal to renew an insurance policy or bond, proof of which has been filed with the transport board or the registrar in accordance with subsection 295(1), shall not be effective unless the transport board or the registrar is given at least 10 days notice.

Clause 319(1)(a) repealed

46(1)       Subsection 319(1) is amended by repealing clause (a).

Clause 319(1)(www) added

46(2)       Subsection 319(1) is amended by adding the following after clause 319(1)(vvv):

(www) prescribing the minimum level for light transmission and the maximum level for light reflection for the purposes of subsection 182(5).

Subsection 327(13) amended

47          Subsection 327(13) is amended by striking out "(1)" and substituting "(11)".

Subsection 334(9) added

48          The following is added after subsection 334(8):

Merit mark eligibility of out-of-province drivers

334(9)      Where a driver's licence under this Act is issued to a person who, in the three month period immediately prior to issue of that licence, held a driver's licence issued by a competent authority of a reciprocating jurisdiction, the period of time in respect of which merit marks may be awarded by the registrar shall commence as follows:

(a) where the person was previously licenced under this Act, on the latest of

(i) two years from the date the licence is issued,

(ii) the date the person last received a merit mark in Manitoba,

(iii) the date the person was first eligible to earn merits in Manitoba, and

(iv)January 31, 1987;

(b) where the person was not previously licenced under this Act, on the latest of

(i) two years from the date the licence is issued,

(ii) the person's sixteenth birthday, and

(iii)January 31, l987.

Coming into force on royal assent

49(1)       This Act, except section 29 and subsection 46(2), comes into force on royal assent.

Coming into force on proclamation

49(2)       Section 29 and subsection 46(2) come into force on a date fixed by proclamation.